For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURE. The use of land for conducting a “farm” and/or “ranch operation” as said terms are hereinafter defined.
ALLEY. A dedicated public way which affords a secondary means of access to abutting property.
APARTMENT. A building containing 3 or more dwelling units, rented, leased or intended to be rented or leased.
BILLBOARD. A structure of any kind erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, or other advertising of any kind whatsoever may be placed, including statuary, for advertising purposes.
BLOCK. A single unit of land having an area of 90,000 square feet.
BOARDING or LODGING HOUSE. Any building containing a single dwelling unit or kitchen and 1 or more but not more than 5 guest rooms where lodging for non-transients is provided with or without meals for compensation.
BUILDABLE AREA. That portion of a lot upon which buildings may be placed, excluding required yards and limited by the maximum lot coverage by all buildings in the schedule of district regulations (see definition of “lot coverage”).
BUILDING. Any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure for persons or animals.
BUILDING, ACCESSORY.
(1) A building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building and located on the same lot therewith, to include portable buildings, metal buildings, carports, sheds and detached garages.
(2) The following restrictions for square footage and height shall apply only to residential and mobile home subdivisions (MHS):
(a) Maximum square footage: 1600 square feet; and
(b) Maximum height: 16 feet.
BUILDING, FRONTAGE. For the purpose of computation of number and area of signs permitted on buildings, in cases where lineal feet of building is a determinant, the frontage of a building shall be computed as the horizontal distance across the front as nearly at ground level as computation of horizontal distance permits. In cases where this test is indeterminant or cannot be applied, as for instance where there is a diagonal corner entrance or where 2 or more sides of a building have entrances of equal importance and carry approximately equal amounts of pedestrian traffic, the administrative official shall select the building frontage on the basis of the interior layout of the building, traffic on adjacent streets, or other indicators available.
BUILDING, HEIGHT OF. The vertical distance from the average sidewalk or street grade, or finished grade of the building line, whichever is the highest to the highest point of the building.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING LINE. See definition of “setback line.”
CONDOMINIUM. An individually owned unit in a multiple-family dwelling, the common areas of which are held as a tenancy in common by all tenants (NMSA §§ 47-7-1 through 47-7-28).
COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on 2 or more sides by the walls of such building or buildings.
COVENANT. A legal agreement between persons or parties restricting the use of land.
DISTRICT. Any section of the extraterritorial area for which the regulations governing the use of buildings, premises, or the height, area and density of buildings are uniform.
DWELLING. Any building designated or used as the living quarters for 1 or more families, but not including hotel, motel, boarding or lodging house or mobile home.
DWELLING, 2-FAMILY. A residence designed for or occupied by 2 families only, with separate housekeeping and cooking facilities for each.
DWELLING, MULTIPLE-FAMILY. A residence designed for or occupied by 3 or more families, with separate housekeeping and cooking facilities.
DWELLING, SINGLE-FAMILY. A detached residence designed for or occupied by 1 family only.
EXTRATERRITORIAL ZONING ENFORCEMENT OFFICER. The person designated by the Raton-Colfax County Extraterritorial Zoning Authority to enforce this chapter.
FAMILY. An individual or 2 more persons related by blood or marriage or a group of not more than 5 persons who need not be related by blood or marriage living together in a dwelling unit.
FARM. An area which is used for growing, raising, producing, and/or storage of agriculture products on a commercial basis, such as timber, livestock, poultry and foodstuffs. FARM includes the following operations:
(1) Dairy farms;
(2) Treatment and storage of produce as a secondary function;
(3) Residence of those conducting and engaged in the operation;
(4) Roadside stands for sale of farm products; and
(5) Sale and distributions of farm products other than agriculture machinery.
A FARM shall not include the following:
(1) Commercial feed lots;
(2) Utilizing garbage for feeding as a means of disposal; or
(3) Commercial sanitary landfill.
GROSS FLOOR AREA. The total horizontal area of all floors of a building, including interior balconies and mezzanines.
HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the land for dwelling purposes and does not change the character thereof; provided that no more than 1 person who is not a resident is employed at the home in connection with the home occupation and provided further that such use does not occupy more than 25% of the ground floor area of the dwelling.
HOTEL or MOTEL. A building containing 6 or more guest rooms in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with accessory commercial uses and operated primarily for the convenience of the guests.
JUNKYARD. Any land or area used, in whole or in part for commercial storage and/or sale of waste paper, rags, scrap, metal, or other junk, and including storage of motor vehicles and dismantling of such vehicles and machinery.
LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley, or other appropriate means of access.
LOT. A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as are required by this chapter, either shown on a plat of record, or considered as a unit of property and described by metes and bounds.
LOT, CORNER. A lot located at the intersection of and having frontage on 2 or more streets.
LOT, COVERAGE. That percentage of lot area which may be covered by main and accessory buildings, said percentage to be measured within the total lot area (see definition of “buildable area”).
LOT DEPTHS. The mean horizontal distance between front and rear lot lines.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Clerk of Colfax County, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Clerk of Colfax County.
LOT WIDTH. The mean horizontal distance between side lot lines measured at the building site.
MANUFACTURED HOUSING. A manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 by 24 feet and at least 864 square feet, constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and the Housing and Urban Development Zone Code II or the Uniform Building Code, as amended to the date of the unit’s construction and installed consistent with the Manufactured Housing Act (NMSA Ch. 60, Art. 14) and with the regulations made pursuant thereto relating to ground level installation and ground anchors.
MOBILE HOME. A movable or portable housing structure larger than 40 feet in body length, 8 feet in width or 11 feet in overall height designed for and occupied by no more than 1 family for living and sleeping purposes but does not include structures built to the standards of any municipal building code and other technical codes.
MOBILE HOME PARK. Any plot of ground under single ownership upon which 2 or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
MOBILE HOME SPACE. A plot of land within a mobile home park designed for the accommodation of 1 mobile home in accordance with the requirements set forth in this chapter.
MOBILE HOME SUBDIVISION. A subdivision designated and developed for long-term residential use and intended for sale where the residences are comprised of mobile homes.
NONCONFORMING USE. A legal use of a building and/or of land that antedates the adoption of these regulations and does not conform to the regulations for the zone in which it is located.
PARKING LOT. An open area providing 4 or more off-street parking spaces.
PARKING SPACE, OFF-STREET. An area not in a street or alley, and having an area of not less than 200 square feet exclusive of driveways, permanently reserved for the intermittent storage of 1 automobile and connected with a street or alley by a driveway which affords ingress and egress for an automobile to be moved.
PUBLIC DRIVE. Any privately-owned road within a mobile home park utilized as access by the residents of the mobile home park, their guests and the public.
RANCH. Agricultural land utilized for the primary purpose of raising and producing livestock. “Livestock” includes horses, cattle, sheep and other animals.
RATON-COLFAX COUNTY EXTRATERRITORIAL ZONING AUTHORITY. Consists of 2 Commissioners from the Colfax County Commission and 1 Commissioner of the Raton City Commission.
RATON-COLFAX COUNTY EXTRATERRITORIAL ZONING COMMISSION. An advisory commission, 2 Commissioners being duly appointed by the Mayor and 2 Commissioners appointed by the Colfax County Commission and 1 additional member appointed by the Extraterritorial Zoning Commission; whose duty is to initially review and recommend action to the Raton-Colfax County Extraterritorial Zoning Authority.
SETBACK LINE. A line parallel to the front, side or rear property line setting the limits as to where a structure shall be built.
SHOPPING CENTER. A commercial complex of structures consisting of 2 or more retail enterprises planned for development as a unit to accommodate local shopping needs, and providing off-street parking.
SPECIAL USE. A use permitted in a zoning district only after specific findings by the Extraterritorial Zoning Authority.
STREET. A public thoroughfare which affords principal means of access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
TRAVEL TRAILER. Any vehicle or structure 8 feet in width by 40 feet or less in length, designed to be transported for human occupancy as a dwelling unit for short periods of time and containing limited or no kitchen or bathroom facilities. Use of such units is allowed only in recreational vehicle parks and
mobile home parks, except when used as temporary living quarters while a permanent residence is being
constructed. TRAVEL TRAILERS may be stored on off-street property for extended periods of time, while use for guests is not prohibited on an intermittent basis, the use as living quarters for continued periods of time beyond 30 days in any 1-year time period shall not be permitted. Any TRAVEL TRAILER converted solely for the use as a vending unit on a temporary basis shall be permitted upon approval of the County Manager for times set by the County Manager in writing.
USE PERMIT. A statement signed by the Extraterritorial Zoning Enforcement Officer setting forth that the buildings, structure or use complies with this chapter and that the same may be used for the purpose stated therein.
VARIANCE. A modification or alteration of zoning requirements. This can be done by the Extraterritorial Zoning Authority only after specific finding of fact.
VISUAL BUFFER. A solid fence, which is preferred, or evergreen hedge or combination thereof, sufficient in height to screen from public view contents stored on the property. The property owner or his or her agent shall prepare a plan indicating how the screening is to be accomplished showing construction details or the number, type, size and spacing if evergreen plants are proposed. If plant material is proposed in place of solid fencing, the screening shall provide results within 1 year of planting and the ability of the proposed screening system to accomplish this goal shall be judged by the County Manager or designee. At no time shall any of the contents be stacked so as to be visible above the screen. No contents shall be placed outside the screen. Screening is required when the storage or operation is located within 600 feet of residential exposures or a public right-of-way. Screening is only required on the affected exposure. Subsequent residential development of any adjoining property shall require a visual buffer furnished and placed by the residential developer. The construction of fences shall be uniform and to neat lines, free of bumps, sags, holes and other irregularities. No patchwork or multi-color type of construction shall be permitted nor shall construction from random salvage materials be permitted. Construction shall exhibit good workmanship and shall be durable and of a uniform color as to blend into the surrounding area. The screening shall be continuously maintained and kept painted if painted initially and kept in good repair. Dead plant material shall be replaced at the start of the next planting season. The finished side of the fencing shall face out toward the street or adjoining properties.
YARD, FRONT. A yard extending across the front of a lot measured from side lot line and to side lot line and lying between the front property line and the front building setback line.
YARD, REAR. A yard extending across the rear of the lot measured from side lot line and lying between the rear property line and the rear building setback line.
YARD, SIDE. A yard extending along either side of a lot measured from front yard line to the rear yard line and lying between the side lot line and the side setback line.
ZONING MAP. A map indicating the officially approved and designated Extraterritorial Zoning Districts.
(Ord. 81-1, passed 7-10-1981; Am. Ord. 88-1, passed 12-23-1988; Am. Ord. 96-2, passed 9-26-1996; Am. Ord. 96-3, passed 9-26-1996; Am. Ord. 97-5, passed 4-24-1997; Am. Ord. 98-1, passed 7-27-1998)