In interpreting this chapter, the following terms, words, or phrases used herein shall be defined and interpreted as follows:
A. The present tense includes the future tense, the singular number includes the plural, the plural number includes the singular, the masculine includes the feminine, and the feminine includes the masculine.
B. The words "shall" and "must" are mandatory, the word "may" is permissive.
ACCESSORY DWELLING UNIT: Accessory dwelling units are a residential unit located on the same parcel of land as a single-family unit, which is secondary in size and use to the single-family unit.
ACCESSORY STRUCTURE: A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.
ACCESSORY USE: A use of the land or a building that are subordinate to the principal use.
ADMINISTRATIVE REVIEW: Review of a zoning or other application to the city that is reviewed and approved, approved with conditions, or denied by staff.
ALLEY: A public or private thoroughfare which affords typically a secondary means of access to abutting property.
ANIMAL SHELTER: A facility providing animal care or boarding services not restricted to household pets with overnight accommodations, animal hospitals, boarding kennels, and/or the maintaining, raising, harboring and/or boarding of four (4) or more dogs or six (6) or more cats or six (6) or more dogs and cats.
ANTENNAS: Any structure that radiates or receives radio or other communication signals.
ASSISTED LIVING/RETIREMENT FACILITY: A community residence(s) specifically designed for those who are able or wish to live an independent lifestyle but may need assistance with daily chores, such as, cooking, cleaning, laundry, and/or driving. On-site, skilled nursing care or medical facilities may be permitted. Any living facility or part thereof which requires licensing by the New Mexico State Health Department shall be considered a nursing home.
ATTACHED: The physical union of two (2) otherwise independent structures or objects, or the relation between two (2) parts of a single structure, each having its own function.
AUDITORIUM: A large room to accommodate an audience in a building such as a school or theater, or, an indoor or outdoor facility to hold public meetings or performances.
AUTOMOTIVE SERVICE & REPAIR: An establishment engaged in performing major repairs to the servicing of automobiles. Such work excludes commercial wrecking, dismantling, junkyard, tire, and truck-tractor repair. Major repair may include engine overhaul, brake repair, glass replacement, repair of electrical accessories such as starters and alternators, frame alignment, and rebuilding of wrecked automobiles. Outdoor storage of vehicles awaiting repair, materials, or supplies is controlled by enclosure requirements of the specific use district; however, any unenclosed areas shall be provided with a fence or wall constructed to a height adequate to conceal any vehicles, equipment or supplies located on the lot; proper maintenance to keep the areas in good condition, free of weeds, dust, trash, and debris.
AWNINGS: A detachable, rooflike cover, supported from the walls of a building for protection from sun or weather.
BANKING AND FINANCIAL SERVICES: A facility engaged in deposit banking or extending credit in the form of loans. This definition includes, but is not limited to, all uses in the following similar uses: depository institutions, non-depository institutions.
BAR: An establishment or room at which drinks, especially alcoholic drinks, and sometimes food are served.
BED & BREAKFAST: An owner-occupied or manager-occupied residential structure providing rooms for temporary, overnight lodging, with or without meals, for paying guests.
BOARDING OR ROOMING HOUSE: A dwelling unit containing up to and including five (5) guest rooms where lodging is provided, with or without meals, for compensation.
BLOCK: The enclosed area within the perimeter of the street's right-of-way lines.
BLOCK FACE: One (1) side of a block.
BUILD: To erect, convert, enlarge, reconstruct, or structurally alter a building.
BUILDING: Any structure built for use of persons or animals.
BUILDING HEIGHT: The height of a building measured from the lowest adjacent ground surface level to the highest point of the building.
CARPORT: Space for the housing or storage of motor vehicles and enclosed on not more than two (2) sides by walls.
CHURCH OR RELIGIOUS INSTITUTION: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.
CLUB: Any membership organization catering exclusively to members and their guests and whose facilities are limited to meeting, eating and/or recreational uses, and further, whose activities are not conducted for monetary gains; including, but not limited to, civic, fraternal, charitable, religious, social and patriotic organizations.
CO-LOCATION: The physical attachment and/or placement of one (1) communication structure upon another communication structure, and may include placing different or similar communication structures on the receiving structure. For example, a cellular transmitter being placed on a television receiver tower or a cellular transmitter on another cellular transmitter tower.
COMMERCIAL COMMUNICATION STRUCTURES: Any structure, including antennas and satellite service devices, or any other device which is normally used for radio, television, microwave, or wireless communications. This shall include any device that is attached to a new or an existing tower, or attached to a building facade or roof or other non-communication structure, and such attachment is made to the facade or roof vertically, horizontally and/or diagonally.
CONDOMINIUM: A residential, professional, commercial, office, or industrial development in which each unit is owned individually, whether the unit includes the ground beneath, air space, walls, floors, or any combination thereof, and in which other areas and facilities within the development are owned and maintained jointly by a group, association, or corporate entity.
COURT: An open space or plaza that is surrounded by a single building or several individual buildings.
DAY/CHILD CARE: Child care center, group child care home, family child care home, preschool, nursery school, day nursery, kindergarten and similar uses shall be in accord with state licensing requirements.
DRIVE THROUGH FACILITY: Drive-in or drive-up facilities for ordering associated with commercially oriented uses.
DUPLEX: One (1) building arranged, intended or designed to be occupied by two (2) families living independently of each other and having separate cooking facilities in each dwelling unit.
DWELLING UNIT: One (1) or more connected rooms and a single kitchen designed for and occupied by no more than one (1) family for living and sleeping purposes.
DWELLING UNIT, SINGLE FAMILY ATTACHED (SFA): A residential structure on a private lot or lots, which is attached to other units horizontally or vertically.
DWELLING UNIT, SINGLE-FAMILY DETACHED (SFD): A residential structure on a private lot, detached from other units and designed for and occupied by no more than one (1) family for living purposes.
FACIAL MOUNT: The physical attachment of a communication structure to a building or other non- communication structure, which does not substantially increase the height of the building or structure. Examples of other structures include, but are not limited to: freestanding signs and billboards, stadium lights, gas station canopies, electric poles, area and street lights, and church spires. This can include attaching the structure either vertically, horizontally, or diagonally along the structure's building facade, walls, roofs, or other surfaces.
FAMILY: Persons related by blood or marriage, or a group of persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.
FARM: An area which is used for the growing of the usual farm products such as vegetables, fruit, fodder, trees and grain, and their storage on the area.
FINISHED GRADE: The average of the finished ground level at the center of all walls of a building.
FLOOR AREA: The total gross area of all floors of a building.
FLOOR AREA RATIO: The total gross square footage of a structure or building divided by the total square footage of the lot, parcel, or tract on which the structure is located or to be placed.
FRONTAGE: The distance along a street right-of-way line from one (1) intersecting street to another or from one (1) intersecting street to the end of a dead-end street.
GARAGE, COMMERCIAL: Any building or structure where automobiles, trucks, tractors, or other vehicles are stored, painted, repaired or equipped for a charge, and where the service and sale of gasoline and oil are incidental to the principal building use.
GARAGE, PRIVATE: Any accessory building for the primary purpose of housing vehicles which are owned and used by the occupants of the main building.
GAS STATION: A business where the primary use is to sell motor vehicle fuels at retail prices.
GROCERY: A store selling foodstuffs and various household supplies.
GROUND OR STRUCTURE MOUNTED COMMUNICATION APPURTENANCE: Minor, mountable communication device that receives programming through the transmission of signals. These devices are small and generally serve the building on which they are attached. These may include, but are not limited to, television antennas or satellite appurtenances.
HEALTH CLUB: A place of business with equipment and facilities for exercising and improving physical fitness.
HOME ARTISAN BUSINESS: A home artisan business shall be considered artist's studios, cabinet making, dress making, engraving, furniture making, hobby crafts, jewelry making, sewing, tailor, writing studio and similar uses.
HOME OCCUPATION: A home occupation use is a combination of residential occupancy and commercial activity located within a dwelling unit. The work activities shall not adversely impact the public health, safety, and welfare, or the livability, functioning, and appearance of the adjacent property. This definition excludes TIENDITAS.
HOSPITAL: An institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution, such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
HOTEL: One (1) or more buildings providing temporary lodging primarily to persons who have residences elsewhere, or both temporary and permanent lodging in guest rooms, or apartments. The building or buildings have an interior hall and lobby with access to each room from such interior hall or lobby. Accessory uses may include an eating place, meeting rooms, and other similar uses. Notwithstanding the gross floor limitations for accessory uses, conference facilities not exceeding fifteen percent (15%) of the gross floor area of the hotel are permitted in addition to the floor area occupied by all other accessory uses.
INDOOR RECREATION CENTER: Indoor recreational uses and structures including but not limited to game rooms, bowling alleys, pool rooms, or skating rinks.
INSTRUCTIONAL SERVICE: An instructional service use shall be considered educational tutoring, music lessons and similar instructional services. A maximum of five (5) students may be at the dwelling at any one (1) time. No music instruments may be amplified.
LOT: Any parcel of land platted and placed on record in accordance with laws and ordinances described by plat or metes and bounds and having frontage on a public right-of-way or private street or alley.
LOT AREA: The aggregate lot area measured to property lines.
LOT, CORNER: Any lot located at the intersection of, and having frontage on, two (2) or more streets.
LOT DEPTH: The average distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT, DOUBLE FRONTAGE: Any lot with frontage on two (2) parallel or approximately parallel streets.
LOT LINE, FRONT: The boundary of a lot bordering on a street.
LOT LINE, REAR: The lot boundary line which is opposite and most distant from and not coterminous with the front lot line.
LOT LINE, SIDE: Any boundary line, not a front lot line or a rear lot line.
LOT WIDTH: The width of a lot measured ten feet (10') from the lot line on the narrowest portion of the lot.
MAJOR RECREATIONAL EQUIPMENT: Include boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), used for transporting recreational equipment, whether occupied by such equipment or not.
MANUFACTURED HOME: A factory-built dwelling, which is manufactured or constructed under the authority of 42 USC section 5403, Federal Manufactured Home Construction and Safety Standards, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling.
MEDICAL USE-CLINIC: An establishment occupied by one (1) or more members of the medical or dental profession for the purpose of providing health services.
MERCHANDISE SALES: General retail related sales of durable and non-durable goods.
MIXED-USE: A land use pattern which provides for the integration of appropriate residential and non-residential uses, both vertically and horizontally.
MUSEUMS AND OTHER CULTURAL INSTITUTIONS: A public or private facility, including an aquarium, operated as a repository or a collection of natural, scientific, or literary curiosities or objects of interest, not including the regular sale or distribution of the objects collected. Activities may include the sale of crafts work and artwork, boutiques, and the holding of meetings and social events.
NURSING HOME, HOSPICE: An establishment licensed by the State Department of Public Health, which establishment maintains and operates continuous day and night facilities providing room and board, personal services and skilled nursing care, including hospices, specifically excluding, however, hospitals.
OFFICE: Occupancy primarily for the provision of professional, executive, management, or administrative services; excluding, however, dental or medical clinic or office. Typical uses include real estate offices, brokerage firms, legal offices, or architectural firms.
ON-STREET PARKING: This type of parking exists on a dedicated public street within the right-of-way.
OPEN SPACE (WITHIN A LOT):
A. Residential: Open space includes softscape, hardscape, driveways and other non-vertical structures that are permanent or semi-permanent.
B. Non residential: Open space includes softscape and/or hardscape areas of a site. Structures, parking lots, and drives shall not be counted towards open space.
OUTDOOR MARKET: An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.
OUTDOOR STORAGE: The storage of goods outside of a building for sale or storage related to a principal use.
PARKING GARAGE: A structure for automobile storage/parking. The parking garage may serve uses such as residential developments, entire commercial districts, or a single use such as an office building.
PARKING LOT: An area provided for self-parking by employees, visitors, residents, and/or patrons of any public/institutional, commercial, industrial, or multi-family residential use.
PARKS AND OPEN SPACE: An area of land which is developed or intended for development with landscaping or associated accessory improvements which promote recreational activities by the public. Drainage facilities and associated features designed for a dual purpose use as a recreation and drainage feature shall be included in this definition. May be either publicly or privately owned.
PERMITTED USE: Any use listed as a use by right, a use by temporary permit, a home occupation or an accessory use in any given district, and/or other uses allowed in all districts unless restricted by special limitations, and/or any conditional use or by special review which has been approved according to the required procedure.
PERSONAL SERVICES: Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. They include but are not limited to uses such as barbershops, beauty shops, dry cleaning, shoe repair shops, tanning salons, linen supply, diaper service, funeral services and domestic services.
POSTAL FACILITY, NEIGHBORHOOD: A facility that has distribution boxes (cluster boxes) and collection services for the general public, mail carriers, and retail services; excluding however, the distribution of bulk mail or packages to other postal facilities.
PRIVATE GARAGE: An accessory structure that typically accom- panies a dwelling unit principal structure.
PROFESSIONAL OFFICE: A professional office shall be considered an office for accountants, appraisers, architects, attorneys, contractors, engineers, financial planners, insurance agents, consulting services, real estate and similar office uses. Dentist and medical doctor offices shall not be considered as a professional office.
PROFESSIONAL SERVICE: Uses such as accounting, auditing, bookkeeping, architectural, engineering, planning and surveying services, bank, bonding and financial institutions/ facilities (no drive thru), real estate, tax preparation, legal services, insurance.
PUBLIC/CIVIC USE: A facility utilized for public use by a government entity such as, but not limited to, municipal offices, libraries, or schools.
PUBLIC RECREATIONAL FIELD/COURT: An area of public land used for traditional sports activities that include football, baseball, softball, soccer, field hockey, basketball, tennis, racquetball, volleyball, and running track.
RECREATION SERVICES/CENTER: Establishments providing indoor and/or outdoor sports or recreation by and for participants; excluding, however, community centers. Any spectators would be incidental and attend on an irregular basis. This definition includes, but is not limited to, the following:
A. Dance studios and schools;
B. Producers, orchestras;
C. Bowling centers;
D. Sports clubs;
E. Physical fitness facilities;
F. Amusement center;
G. Membership sports and recreation clubs;
H. Batting cages;
I. Golf-course.
RESTAURANT (SIT DOWN): An establishment where food/drink is typically consumed on-site. This type of restaurant may include indoor or outdoor seating for serving and consumption of food on-site.
RESTAURANT (DRIVE THRU): An establishment where food/drink is consumed on or off-site. Off-site consumption.
RETAIL: Sale to the ultimate consumer for direct consumption or use and not for resale.
ROOM: Any enclosed division of a building containing over seventy (70) square feet of floor space and commonly used for living purposes, not including lobbies, halls, closets, storage space, bathrooms, utility rooms and unfinished attics, cellars or basements.
SATELLITE APPURTENANCE/DEVICE: Any structure used to receive satellite pro-gramming services specifically associated with television reception from the transmission of signals from a satellite to a receiver, usually a round "dish" that can vary in size. This does not include those dishes or devices used for two-way communications.
SCHOOL, ELEMENTARY, MIDDLE, OR HIGH: A public or private school meeting all requirements of the compulsory education laws of the state and providing instruction to students in kindergarten through grade twelve (12). Middle and high schools are generally grades six (6) through twelve (12).
SETBACK: The required distance between every building or structure and any lot line on the lot on which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by any part of a building or structure, as defined except as may be authorized by this chapter.
SIGHT TRIANGLE: The area of unobstructed vision at street intersections, intersections of streets and alleys and multiple parking areas entrances/exits permitting a vehicle driver to see approaching vehicles to the right or left.
SMALL ITEM REPAIR SERVICE: A small item repair service shall be considered locksmith repair, watch repair, tool repair, shoe repair and similar repair services.
STORAGE SHED: A structure or part of a structure designed for storing goods; business, personal, or household effects; and other items of personal property by or with permission of the owner of that personal property. Examples include gardening or tool sheds. Storage sheds are regulated in this chapter based on square footage of structure.
TEMPORARY USE: A temporary use is a use (business, sale, display or event) which is conducted for a limited time. Temporary uses may be conducted in tents, temporary or permanent buildings, vehicles, trailers or outside. Other temporary uses not listed in this section may be listed under permitted uses for a specific zone.
THEATRE: A structure used for dramatic, operatic, motion pictures or other performance, for admission to which entrance money is received and no audience participation or meal service is allowed.
TIENDITA: A commercially focused space within a principal structure in a primarily residential area that is </= 650 square feet in size. The commercially focused space shall be limited to a single personal service, professional service or small merchandising use. The commercial space must have a separate entrance door easily accessible from a public street. These uses are typically located on corner lots and within activity centers and shall be recorded on the final plat.
TOWER: Any structure, vertical in inclination, which is normally used to support antenna or other commercial communication structures. This may include television and radio towers, guy towers, and all other free standing towers, either for private or commercial purposes.
TOWNHOUSE: One (1) of a group of attached dwelling units divided from each other by common walls and each having a separate entrance leading directly to the outdoors at ground level.
TRANSPORTATION CENTER: Facilities including but not limited to bus, taxi, charter bus, and railroad stations or depots.
USE, ACCESSORY: Subordinate and incidental to a principal use or structure on the same lot.
USE, CONDITIONAL: An allowable land use, but which shall not be undertaken until such use is reviewed and approved by the city planning and zoning commission. Since it is an allowable use, the city planning and zoning commission may not deny it outright; however, the commission may require the applicant to enter into enforceable agreements or undertakings restricting such use in the interest of the public welfare and the value of the property in that area.
UTILITIES: Minor structures and appurtenances associated with public or private utility companies to provide services to uses developed.
VARIANCE: An amendment to the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance may be authorized only for area, height, dimension, distance, setback, off-street parking, and off-street loading requirements or as elsewhere specifically authorized by this chapter.
VERTICAL STRUCTURE: Any built object that is either independent of or attached to any building that is perpendicular in its direction to the nearest adjacent ground. May include such structures as spires, belfries, flag poles, steeples, and other similar structures, but does not include antennas, towers, communication structures, and satellite service devices. (Ord. 2005-08, 12-6-2005)