Bosque Farms City Zoning Code
§ 10-1-4
Definitions.
[Amended 5-19-2016; 8-18-2016; 3-18-2021; 8-19-2021]
A.
For the purpose of this Section 10-1, standard dictionary definitions shall be used except for certain words or phrases used herein, which shall be interpreted as follows:
(1)
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.
(2)
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3)
The words "shall" and "must" are mandatory, and the word "may" is permissive.
B. ABANDONED WELL ACCESSORY LIVING QUARTERS ACCESSORY USES AND STRUCTURES ADULT ENTERTAINMENT ESTABLISHMENT AGENT AGRICULTURAL ANIMAL AGRICULTURAL EQUIPMENT ANIMAL SANCTUARY/SHELTER BAIL BOND BANKING AND FINANCIAL SERVICES BED-AND-BREAKFAST BODY ART BODY ART/MODIFICATION ESTABLISHMENT CANNABIS ESTABLISHMENT CHECK CASHING/PAYDAY LOAN ESTABLISHMENT COLLECTOR STREET COMMISSION COMMON AREA CONDITIONAL USE CONTAMINATION CONTIGUOUS DAY-CARE FACILITY or CHILDCARE CENTER DEVELOPMENT DWELLING UNIT DWELLING UNIT, CARETAKER DWELLING UNIT, CONVENTIONAL(1) (2) EASEMENT FAMILY DAY-CARE HOME FENCE FORTUNE TELLERS FRONTAGE GALVANIZED STEEL GARAGE OR YARD SALE GOVERNING BODY GRADE GROUNDWATER GUEST ROOM HARDSHIP HAZARDOUS MATERIALS HAZARDOUS WASTE HEIGHT HOME OCCUPATION INOPERABLE MOTOR VEHICLE KENNEL(1) (2) KITCHEN LOCAL STREET LOCALIZED STORMWATER LOT METAL INTAKE/RECYCLING CENTER MOBILE HOME MOBILE HOME PARK MODULAR STRUCTURE MOTOR VEHICLE MOTOR VEHICLE SALES LOT MULTI-SECTION MANUFACTURED HOME or MODULAR HOME NONCONFORMING USES, LOTS, OR STRUCTURES OVERLAY ZONE DISTRICT OVERLAY ZONE, WELLHEAD PROTECTION OWNER-OCCUPIED PAWNBROKER PERMISSIVE USE PLANNED RESIDENTIAL DEVELOPMENT (PRD) PREMISES RECREATIONAL VEHICLE REGULATED BUSINESS RIGHT-OF-WAY ROADWAY SALVAGE OR SCRAP FACILITY SCHOOL SCRAP TIRE SERVICE BAY SETBACK SETBACK, FRONT SETBACK, REAR SETBACK, SIDE SIGN SKID ROW SMOKE SHOP SOLID FENCE SPECIAL USE PERMIT STRUCTURE SUBSTANTIAL IMPROVEMENT(1) (2) (a) (b) TIRE SHOP TRAILER UNDERGROUND STORAGE TANK VARIANCE VEHICLE VEHICLE REPAIR, LIGHT VEHICLE REPAIR, MAJOR VEHICLE REPAIR, MINOR VISUAL BARRIER FENCE WAREHOUSING OPERATIONS WELLHEAD ZONE MAP
As used in this Section 10-1, the following terms shall have the meanings indicated:
A wellhead whose use has been permanently discontinued or which is in such disrepair that its continued use for the purpose of obtaining groundwater is impracticable or may constitute a health hazard.
Temporary living quarters within an allowed accessory structure only for the reason of a legitimate hardship or medical necessity. This unit shall not be used as a rental unit and shall not exceed 500 square feet of floor space.
Uses and structures that are customarily accessory and clearly incidental and subordinate to principal uses and structures.
A business which either directly or indirectly provides sex-related products and services or adult entertainment.
Anyone authorized by a notarized letter signed by the property owner to represent same.
Animals other than dogs, cats and indoor birds, such as horses, cows, pigs, sheep, llamas, chickens, etc., such as would typically be found in an agricultural environment.
Farm field and farmstead machinery used for the production of crops and agricultural livestock.
A nonprofit facility for the short- or long-term care and custody of animals, which may include lost pets, owner-released pets, cruelty cases, rescued animals and/or permanent retirement candidates.
A written promise signed by a defendant or a surety (one who promises to act in place of another) to pay an amount fixed by a court should the defendant named in the document fail to appear in court for the designated criminal proceeding at the date and time specified.
Any state or federally chartered bank, saving association, credit union, or industrial loan company, retail seller engaged primarily in the business of selling consumer goods that cashes checks or issues money orders as an incidental service to its main purpose or business and which is offered as a service to customers, but excludes any establishment whose primary purpose is to provide cash advances, payday loans, payday advances, and similar services.
An owner-managed and -occupied residential structure used as a lodging establishment where a room or rooms are rented on a nightly basis, and in which only breakfast is included as a part of the basic compensation.
Tattooing, body piercing or scarification, but does not include practices that are considered medical procedures by the New Mexico Medical Board.
Any establishment that engages in the business of tattooing and/or branding and body piercing of human beings, including scarification. A permanent picture, design, or other marking made on the skin by pricking it and staining it with an indelible dye. This excludes the application of permanent makeup in a salon setting with appropriate equipment and the piercing of ears with the use of a piercing gun.
Any facility, building, space, or grounds licensed for the production, possession, testing, manufacturing, or distribution, recreational use of cannabis, concentrates or cannabis-derived products, unless restricted by § 10-1-28 of the Village of Bosque Farms Ordinance.
Any establishment whose primary purpose is to provide cash advances, payday loans, payday advances, and similar services. It does not include a state or federally chartered bank, saving association, credit union, or industrial loan company, retail seller engaged primarily in the business of selling consumer goods that cashes checks or issues money orders as an incidental service to its main purpose or business and which is offered as a service to customers.
A street that serves as a connection between a major or secondary thoroughfare and several minor streets. The term includes the principal entrance streets of a residential development and streets for major circulation within such a development.
The Village of Bosque Farms Planning and Zoning Commission.
An area inside a housing development that is owned by all residents or by an overall management structure which charges each tenant for maintenance and upkeep.
One of those uses enumerated as conditional uses in a given zone district. A permit for such use shall be granted upon approval by the Commission. A conditional use permit shall be either permanent or renewable, as established by this Section 10-1.
The presence of any harmful substance which is likely to unreasonably injure human health, animal or plant life, property, or public welfare.
Abutting or touching and/or separated by nothing more than a ditch, canal, or right-of-way.
A facility required to be licensed under these regulations that provided care, services, and supervision for less than 24 hours a day to children. A childcare center is in nonresidential setting (unless approved by the Planning and Zoning Commission) and meets the applicable state and local building and safety codes, NMAC § 8.16.
Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
Any structure or part of a structure intended for human occupancy and containing one or more connected rooms and a single kitchen designed for and occupied by no more than one family for living and sleeping purposes. A dwelling unit may include a mobile home, a modular housing unit, manufactured house, site-built house or planned residential development.
The dwelling unit of a person who takes care of the property of an owner in the owner's absence. A caretaker dwelling unit shall allow for spouses and dependent children. The caretaker dwelling unit shall be within one of the structures located on the lot, or it may be a separate structure, mobile home/manufactured home, or modular unit.
A single-family detached dwelling unit which is installed on a permanent foundation, and which is either:
A site-built unit constructed in accordance with the standards of the New Mexico Uniform Building Code; or
A multisection manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 feet by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article 14) and with the regulations made pursuant thereto relating to permanent foundations.
Rights granted to public utilities for ingress and egress to serve water, sewer, telephone/cable, gas and electric lines and the right granted to a landowner for ingress and egress to property by either purchase, deed, or adverse possession or any other legal means.
An occupied dwelling unit in which a person provides, for remuneration, care for at least five children but not more than six children, provided that no more than two of those children be under the age of two, on a regular basis for fewer than 24 hours per day. The resident provider's children who are age six or more shall not be counted for this definition.
A structure, other than a building, which serves as a barrier and is used as a boundary or means of protection or confinement. This includes a masonry fence or wall and privacy fence.
Fortune tellers, psychics, clairvoyants, palmists, and similar trades.
A distance measured along a roadway right-of-way line.
A metal panel coated with zinc or corrosion resistance material.
A sale of used household or personal articles held on the seller's premises.
The Village of Bosque Farms Council.
The average elevation of the finished ground level at the center of all walls of a building or all sides of a structure.
Water found beneath the land surface in a saturated zone.
A room or a group of rooms forming a single habitable unit which is located within the walls of a dwelling unit and which is used or intended to be used for sleeping and living, but not for cooking or eating purposes, and which is rented individually as a unit.
To cause privation or suffering.
Substances defined in Section 101(14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or as regulated under Subtitle C of the Federal Resource Conservation and Recovery Act (RCRA).
Materials that are corrosive, flammable, reactive or toxic.
When applied to a building, the vertical distance from the finished lot grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof or the average height between the plate and the ridge of a gable, hip, or gambrel roof, or to the highest point of any other roof style not mentioned in this definition.
An occupation or activity clearly incidental and secondary to use of the premises for a dwelling unit; requires home occupation approval from either the Planning and Zoning Administrator/Officer or Commission depending on the type of use requested as per § 10-1-13L.
Any motor vehicle which is incapable of being propelled under its own power.
COMMERCIAL KENNELAny building, buildings or land designed or arranged for boarding dogs, cats, and other household pets, and where grooming, breeding, boarding, training or selling animals is conducted in the Commercial Zone (C-1).
HOBBY KENNELAny building, buildings or land designed or arranged for housing dogs, cats, and other household pets belonging to the property resident in all residential zones (A-R, R-1, and R-1A).
A room or other place equipped with any combination of the following: a stove/oven, refrigerator, small cooking devices, a sink, where food may be stored or prepared.
A street of relatively short length that provides direct access to a limited number of contiguous residential properties designed to discourage use by through traffic.
Surface water deposited on a particular area of land by direct precipitation and not by an overflow of surface waters from other land areas.
An area of land, described by metes and bounds, recorded and filed in the Valencia County Clerk's office in accordance with appropriate laws and ordinances. Such lot shall have frontage on a dedicated public right-of-way or on an approved private roadway for ingress and egress.
Any business engaged in purchasing or otherwise acquiring for sale or barter any material such as old iron, copper, brass, lead, zinc, tin, aluminum or other metals, metallic cable, wire, rope, bottles, rubber, batteries, e-scrap or other like material.
Also known as "manufactured housing," a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used for a dwelling with or without a permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein.
An area of land on which space is leased or rented for occupancy for 30 days or more by mobile homes, and which contains permanent facilities and services for the use of the mobile home occupants.
Any structure built for use of occupancy by persons or property, whether or not designed to be placed on a permanent foundation. Modular structures include factory-built buildings and subassemblies for manufactured residential and commercial units, modular homes and premanufactured homes. Modular structures do not include nonassembled component parts that are subject to all permit and inspection requirements, or to manufactured housing structures that are subject to federal regulation as per NMAC § 14-12-3.7.K.
A vehicle (such as, but not limited to, a car, truck, or motorcycle) that is powered by a motor and was at any time designed to carry passengers.
Any lot or parcel of land where a dealer sells new/used/consignment motor vehicles.
A single-family dwelling with a heated area of at least 36 feet by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article 14) and with the regulations made pursuant thereto relating to permanent foundations.
A structure or use of a structure or land which does not conform to the regulations of this Section 10-1 and which lawfully existed on the effective date of those regulations with which it does not conform.
An overlay zone district is created to identify a special resource or development area and to adopt new provisions that apply in that area in addition to the provisions of the underlying zone district. The provisions of an overlay zone district can be more restrictive or more expansive than those contained in the underlying zone district. An overlay zone district can be coterminous with existing property boundaries or contain only parts of one or more properties and may extend over more than one zone district.
An area designated by the Village of Bosque Farms to protect the groundwater source of municipal water supply wells from contamination originating from human activities.
A dwelling occupied by a person or persons who shall own at least 51% of said dwelling unit.
An individual or business (pawnshop or pawn shop) that offers secured loans to people, with items of personal property used as collateral.
A specific use allowed in a particular zone district.
A development approach that creates open space in residential development and encourages imaginative site building and design by permitting greater flexibility in zoning requirements than is permitted by other sections of this Section 10-1.
Any lot or combination of contiguous lots held in single ownership, together with the development thereon.
A structure which is designed or used as temporary living quarters for recreation, camping, or travel, and which may be a self-propelled motor vehicle or designed to be towed or mounted on a motor vehicle.
Any business requiring additional regulation as listed under § 10-1-11G.
A dedicated and accepted public land deeded to the Village of Bosque Farms, reserved by plat, or otherwise acquired by the Village, county, or state for the use of the public for the movement of people, goods, and vehicles.
That portion of public right-of-way or private way or thoroughfare which is primarily devoted to vehicular use.
A salvage yard, scrap yard, wrecking yard, junkyard, dismantler or any entity in the business of outdoor storage or deposit for storing, keeping, processing, buying or selling disused vehicles, disused machinery or other disused goods or materials for resale.
A facility conducting a supervised program of instruction designed to educate a student in a particular place, manner and subject area.
A tire that is no longer suitable for its originally intended purpose because of wear, damage, defect or obsolescence.
Any enclosed work area for the maintenance or repair of vehicles, comprising an average floor area of 420 square feet per bay to accommodate both service and access requirements.
The required distance between every building or structure (fences, walls, and signs excepted) and a boundary line of the lot upon which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by any part of a building or structure, except as otherwise provided in this Section 10-1.
The minimum allowable distance between a structure and the boundary line of the lot, upon which such structure is located, bordering on a roadway.
The minimum allowable distance between a structure and the boundary line of the lot, upon which such structure is located, which is opposite and most distant from a roadway and does not intersect with a roadway.
The minimum allowable distance between a structure and the boundary line of the lot, upon which such structure is located, which intersects a roadway.
A device designed to inform or attract the attention of persons not on the premises on which the device is located. All signs within the Village of Bosque Farms shall require a permit, unless otherwise specified, in accordance with this Section 10-1 (§ 10-1-20).
A high density of businesses that may have the potential to create adverse effects on the surrounding area and community.
Any business devoting more than 15% of the total floor space for display for sale of smoking or tobacco paraphernalia or whose gross dollar volume of business is over 25% from sales of smoking or tobacco paraphernalia.
Block, ribbed metal panels, adobe, solid vinyl wood panel or other fencing that has 0% open area.
A permit approving uses which require special consideration as listed in § 10-1-11F.
Anything constructed, placed, or erected above ground level which requires location on the ground or is attached to something having a location on the ground, but not including a tent, vehicle, vegetation, public utility pole or line, signs or fences. For the purpose of this Section 10-1, a mobile home is a structure, with or without wheels, when located on any lot.
For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Any entity conducting sales or services of tires, including, but not limited to, changing, replacing, balancing, aligning or otherwise servicing tires or the sales of new or used tires.
A nonmotorized vehicle designed to be pulled behind a motor vehicle.
A single tank or combination of tanks, including underground pipes connected thereto, which are used to contain an accumulation of fuels, hazardous materials, or other regulated substances, and the volume of which, including the volume of the underground pipes connected thereto, is 10% or more beneath the surface of the ground. This definition does not include septic tanks.
A relaxation of the terms of this Section 10-1 where such relaxation will not be contrary to the public interest (§ 10-1-16).
Any motor vehicle, recreational vehicle, trailer or agricultural equipment.
Checking and topping off of fluids (not changing fluids), replacement of bulbs and fuses, checking and adjusting of tire pressure (not changing of tires), charging of batteries (not changing), windshield repair.
Repairs that produce relatively high levels of noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles and repairs of a similar nature with respect to impacts on nearby properties: air conditioning service, brake repair/replacement, engine oil changes, fluids replacement, exhaust system repair/replacement, auto body customizing, auto body sheet metal/fiberglass/plastic repair/replacement, auto body prepping/painting/media blasting, chassis fabrication/repair, complete engine/transmission rebuild and replacement.
Repairs and servicing that will produce relatively low noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles: shock absorber/spring/strut replacement, tire balancing/installation, wheel alignment, windshield/glass replacement, tune-ups, diagnostics, emission control service.
Wood panel fencing, chain-link with slats, mesh fencing or any other fencing which provides 25% or less open area per square foot of fencing.
Includes use of any building, structure or other protected enclosure in which goods, materials or agricultural products are or may be stored.
The structural element of a constructed water well which is the source of a groundwater supply system.
A map of the Village of Bosque Farms that delineates the zone district boundaries within the Village boundaries.