Unless a contrary intention clearly applies, for the purposes of this code:

(a)

Words used in the present tense include the future, and words used in the future tense include the present tense.

(b)

Words used in the masculine include the feminine and the neuter.

(c)

Words used in the singular include the plural, and the plural includes the singular.

(d)

The word "may" is permissive; the words "shall" and "will" are mandatory, subject to specific exceptions allowed by this code.

(e)

Words not defined herein but which are defined in the building code or other codes adopted by the city are to be construed as defined therein.

(f)

Where words, terms or phrases are not defined through the methods authorized above, the city administrator shall have the authority to interpret such words, terms or phrases.

(g)

Whenever the city administrator or any other city official is named, the reference to such official shall include his or her designee, and the named official shall not be required to take the specified action personally if the action has been delegated to another individual within the city administration.

(Ord. No. 2011-15, 10-11-11)

Unless a contrary intention clearly applies, the following terms, phrases, words, and their derivations, when used in this code, shall be interpreted as follows:

Abut/abutting/adjacent/adjoining/contiguous. Lots or parcels separated by common property lines, lot lines, or an alley, street or other public right-of-way.

Accessory building or structure. A building or structure detached from and ancillary to the main structure on the same lot. The use of an accessory building or structure shall be appropriate, subordinate, and customarily incidental to the main use of the lot.

Accessory living quarters. Living quarters within an accessory building or structure having no kitchen facilities and not being rented or otherwise used as a separate residence.

Accessory structure. A structure on a lot which is appropriate, subordinate, and customarily incidental to the main structure on the lot.

Adult amusement establishment. A commercial establishment including, but not limited to, an auditorium, bar, cabaret, concert hall, nightclub, restaurant, theater, or other commercial establishment that supports legal activity only and provides amusement or entertainment featuring one or more of the following:

(a)

Amusement, entertainment, live performance, act or escort service that is distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities;

(b)

Audio or video displays, computer displays, DVD's, films, motion pictures, slides, videos, or other visual representations or recordings characterized or distinguished by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities; or

(c)

Exotic dancers, topless dancers, strippers, or similar entertainment.

Adult business. Any adult amusement establishment or adult store.

Adult day care center. A facility licensed by the state as an adult day care center or as an adult respite facility which provides care, services and supervision for less than 24 hours a day to three or more adults, who because of diminished mental or physical capacity find it difficult to care for themselves in their own residence during the day. Adult day care does not include public or private school facilities or senior recreation centers.

Adult day care home. A private dwelling in which a resident of the dwelling has been licensed by the state to provide and provides adult day care home services or adult respite home services and who provides care, services and supervision for less than 24 hours a day to a least three adults but not more than five adults who because of diminished mental or physical capacity find it difficult to care for themselves in their own residence during the day. The use as an adult day care home or adult respite home shall be an accessory use. The primary use shall be as a private residence.

Adult material. Items consisting of one or more of the following:

(a)

Digital, electronic, or printed books, magazines, periodicals, audio or video displays, computer displays, DVD's, films, motion pictures, slides, videos, or other visual representations or recordings characterized or distinguished by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities, as defined herein; or

(b)

Devices, instruments, novelties or paraphernalia designed for use in connection with specified sexual activities or which depict or describe specified anatomical areas, as defined herein.

Adult store. An establishment having 20 percent or more of its shelf space or floor space devoted to the display, rental, sale, or viewing of adult material for any form or consideration.

Agriculture. Farm, ranch, dairy, pasturage, apiaries, horticulture, floriculture, viticulture and animal or poultry husbandry, but not including slaughterhouses, processing facilities, or commercial stockyards or feed lots.

Airport. Any area of land or water that is used or intended for the use of the landing and taking off of aircraft and any appurtenant areas which are used or intended for airport structures or other airport facilities or rights-of-way, together with all airport structures and facilities located thereon.

Amateur radio facilities. A facility with one or more antennas connected to radio equipment operated by a federally licensed amateur radio operator in accordance with applicable Federal Communications Commission laws and regulations. This term shall not include citizens band or commercial facilities.

Ambulatory surgical center. Outpatient surgery center.

Americans with Disabilities Act (ADA). A civil rights bill passed in 1990 which gives people with disabilities the same protection from discrimination as other minority groups. Title I of the Act prohibits discrimination against qualified applicants and employees on the basis of disability and Title II of the Act prohibits local and state governments from discriminating based on an individual with disabilities.

Amusement park. A permanent group or aggregation of rides, shows, games, concessions, animal exhibits, or any combination thereof.

Animal, domestic fowl. Domesticated birds commonly associated with farms and used for eggs and/or meat.

Animal care/boarding/sales. The use of any property or structure or portion thereof for animal boarding, breeding, care, grooming, medical services, sales or training for commercial gain, but not including animal confinement, dairy, feedlot, livestock, or pasturing uses.

Appellant. A person requesting that a decision be appealed.

Appliance/small engine repair. A use consisting of the indoor storage of household appliances such as washing machines, dryers, lawn mowers, television sets, air conditioners, etc. for sale or repair. Does not include vehicle repair, storage or automotive uses.

Applicant. A person submitting an application in accordance with the procedures established in this code.

Arroyo. A dry wash or draw which flows only occasionally and in response to rainfall or other water runoff from higher elevations.

Artisan/craftsman shop. A use and the associated buildings and structures utilized for the production and/or sale of decorative or custom products or artwork (e.g., jewelry, leather, pottery, tile, wood products) involving only the use of light trade equipment (e.g., clay pugs, kilns, rotary saws, routers, table saws, tile saws) and not meeting the definition of a manufacturing and production use.

Attached. Buildings or other structures located on a single property which are joined by a common sidewall.

Bar. A commercial establishment, where the primary use is the sale of alcohol for on-premises consumption. Food service, live music, disk jockey, or other entertainment may be provided incidental to the primary use. Includes lounge, microbrewery, night club, tavern or wine bar.

Batch or asphalt plant. A facility in which asphalt or its ingredients or products are ground up, mixed, or otherwise prepared for use on-site or for transportation to another site.

Bathroom, full. A room containing a wash basin, toilet, and a tub or shower or both.

Bathroom, half. A room containing a wash basin and a toilet, also called a powder room.

Bed and breakfast. The subordinate use of a dwelling unit, for which the main use is the owner's or operator's permanent residence, for short-term guest lodging with a morning meal provided only to overnight guests.

Beneficial use determination. A form of appeal whereby a property owner who believes all beneficial use of his property has been denied or "taken" by the application of this code.

Birthing center. A facility, other than a hospital's maternity facilities or a physician's office, which provides a setting for labor, delivery, and immediate post-partum care as well as immediate care of newborn infants.

Boarding school. A school where students are lodged overnight and fed as well as taught.

Brewery, large. A duly licensed industrial business use for the manufacture of beer in quantities greater than 200,000 barrels of beer per year. Does not include sale of beer for on premises consumption.

Brewery, small (also called microbrewery or craft brewery). A duly licensed business for the manufacture of beer, but not more than 200,000 barrels of beer per year. May also include a bar for on-premises consumption of beer and/or food.

Buffer. A strip of land established to protect one type of land use from another. Normally, buffering is landscaped and kept as open space.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Building height. The vertical distance from grade plane to (1) the top of the roof for flat roofs, (2) the deck line for mansard roofs, or (3) the average height between eaves and ridge for gable, hip, and gambrel roofs.

Building line. The line beyond which a structure shall not extend unless specifically permitted. An overhang of up to 24 inches is permitted.

Building official. The person designated by the city administrator, certified by the state, and charged with the administration and enforcement of the building code, as adopted, and other codes as applicable.

Building permit. A permit issued by the building official preceding the construction, renovation, repair, or expansion of a structure or building pursuant to the terms of this code.

Business residence. A single-dwelling unit on the site of a non-residential use intended to house an employee or caretaker of the non-residential use.

Campground. A lot upon which two or more campsites are located, established, or maintained for occupancy by tents, up to three recreational vehicles, and/or camping units as temporary living quarters for transient and/or recreational dwelling purposes.

Care facility, inpatient. A facility, duly licensed by the state as a health facility, which provides inpatient medical services, including but not limited to, hospitals, nursing homes, and overnight treatment centers.

Care facility, outpatient. A facility, duly licensed by the state as a health facility, which provides outpatient medical services including, but not limited to, ambulatory surgical centers, diagnostic and treatment centers, renal dialysis facilities, rural health clinics, and infirmaries, as defined by the state.

Carnival. A traveling or transportable group or aggregation of rides, shows, games, concessions, or any combination thereof, not including animal exhibits.

Carport. A permanently attached, roofed accessory structure, open on at least two sides, and designed to shelter a vehicle or vehicles. see carport regulations for additional info.

Casitas. A small, detached additional structure to a residence, commonly referred to as a "mother-in-law suite", which serves as an additional living quarters for guests or family members. These living quarters shall not be intended as a residence to be rented separately from the primary residential structure on the property.

Catering. A business which provides or prepares food for consumption at parties or similar events, which events occur at a location other than where the food is prepared.

Cemetery. Land used for the burial of the dead, whether human or animal, including a mausoleum or columbarium. "Cemetery" shall not include the interment or inurnment of human cremated remains at a church or place of religious assembly unless that use of interring or inurning is limited to an accessory use.

Channel. Any arroyo, stream, wash, swale, gully, ditch, diversion, or watercourse, including manmade facilities, that convey storm runoff.

Child care center. A type of child day care that is duly licensed by the state and is any place other than an occupied residence which receives one or more children for child day care or an occupied residence which receives 12 or more children for child day care.

Child day care. A use of property, duly licensed by the state, in which child care, protection, and supervision is provided on a regular basis away from the children's primary residence for less than 24 hours per day. Child day care includes "child care center" and "family child care home". Child day care does not include public or private schools, or facilities operated in connection with an employment use, shopping center, or other principal use where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity.

Circus. A traveling or transportable group or aggregation of rides, shows, games, concessions, or any combination thereof and including animal exhibits.

Cistern. An above-ground or under-ground reservoir or tank for catching, holding and storing rainwater.

City administrator. The chief administrative officer of the city or his or her designee.

City engineer. A person designated by the city administrator and certified in the State of New Mexico as a professional engineer.

Clear sight triangle. The triangular area formed by a diagonal line, set 30 feet back from the intersection of the abutting right-of-way lines, where nothing maybe erected, planted or placed, which obstructs the vision of motorists at the intersection.

Club. An organization and its premises catering exclusively to members and their guests for social, intellectual, recreational, and/or athletic purposes which are not conducted for profit. Includes "lodge".

Code enforcement. The person, office or department designated by the city administrator to enforce the provisions of this code.

Columbarium. A structure with recessed niches used or intended to be used for the permanent containment of human cremated remains in urns or other approved containers. It may be part of a mausoleum.

Common area. Any portion of land or building area designed for the common usage of the development.

Communication facilities. Communication facilities involving all devices, equipment, machinery, structures, or supporting elements necessary to provide communication or transmission of information. Specific use types in this code include, but are not limited to: amateur radio facilities, attached telecommunication facilities, radio and television transmission towers, and freestanding telecommunication towers.

Communication facilities, attached. Any equipment used to provide communication services, including but not limited to, telephone, cable, cellular, wifi, wireless television, or fiber optic services, which is not affixed to or contained within a communication tower, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose.

Communication facilities, concealed. Any equipment used to provide communication services, including but not limited to, telephone, cable, cellular, wifi, wireless television, or fiber optic services, which is affixed to, contained within, or camouflaged by an existing building or structure and is architecturally integrated into such building or structure so as not to be readily identifiable as a communications facility.

Communication facilities, freestanding. Any equipment used to provide communication services, including but not limited to, telephone, cable, cellular, wifi, wireless television, or fiber optic services, which is affixed to or contained within a communication tower that is not affixed to or mounted on a building or structure.

Communication tower. Any freestanding, concealed or attached facility, building, pole, tower, or structure used to provide communication services, including but not limited to, telephone, cable, cellular, wifi, wireless television, fiber optic services and which may consist of antennae, equipment, and storage, and other accessory structures used to provide communication services.

Community home. A facility, duly licensed as required by the state, which operates 24 hours a day providing full time care, supervision and support needed to not more than 16 resident children in a single residential building and which provides parenting, activities and experiences needed by a child to develop and realize their full potential.

Community living setting. A residence, duly licensed as required by the state, which is a community living situation supervised by a community agency, which: 1) provides living arrangements for persons with a developmental disability; and 2) is located in the community. Such facilities may include licensed group homes, foster homes, family living situations, supported living situations, companion homes, semi-independent living and assisted living residences and/or similar residences or innovative residential settings.

Community mental health center. A facility certified and licensed by the state as a community mental health center which provides and manages a comprehensive array of mental health services, including at a minimum the following core services: community-based crisis intervention, medication services, professional consultation, psychosocial interventions, and therapeutic interventions.

Community services. Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community on a continuing basis, not just for special events, and generally providing on-site services or involving regular employee activity at the site. Examples include detention facilities, libraries, museums, senior, community, and youth centers, social service facilities and temporary shelters.

Compatible. Capable of integrating into the community in a harmonious, orderly and mutually-supportive fashion.

Comprehensive plan. That document or documents adopted by the city council as the City of Carlsbad's Comprehensive Plan or portions thereof.

Conditional use. A use which, by the terms of this code, requires special review and for which a conditional use permit is issued.

Conditional use permit. A permit which authorizes a conditional use and which may include conditions attached to the approval of such use. A conditional use permit is issued to a specific individual and for a specified location.

Congregate residence. Any building or portion thereof which contains facilities for living, sleeping and sanitation as required by all applicable ordinances, laws, rules, regulations, codes, and policies, and which may include facilities for eating and cooking for occupancy by other than a family. A congregate residence may include, but not be limited to, a convent, monastery, dormitory, shelter, sorority or fraternity house, but shall not include hospitals, hotels, jails, lodging houses, or nursing homes.

Convenience store. A retail establishment, generally less than 2,500 square feet of gross floor area, offering for sale a limited line of groceries, automotive, and household items. A convenience store may be self-supporting or ancillary to a fuel service facility. May include retail/packaged alcohol sales for off-premises consumption.

Counseling center. A facility in which non-resident human clients are provided behavioral and/or mental health therapy.

Court/court yard. An open, uncovered space, unobstructed to the sky, bounded on three or more sides by exterior building walls or other enclosing devices.

Dairy. An area of land on which no more than 20 cows or goats are kept for the purposes of producing dairy products, such as milk or cheese, in commercial quantities, as well as the ancillary buildings, structures, equipment and processes.

Depot, bus. The premises at which the parking and storage of busses, and the loading and unloading of passengers, takes place. Also called a bus terminal or bus station.

Depot, train. The premises at which the parking, storage or transfer of train cars, or the loading and unloading of passengers, takes place. Also called a train terminal or train station.

Design standards. Specific criteria and limitations placed on development, which are intended to protect the public health, safety, and welfare of the community and to enhance the aesthetic value of a development. Design standards may specify criteria for architectural, engineering, landscape and other features of a proposed development.

Detached. Buildings or other structures located on a single property which are separated from each other.

Developer. The legal or beneficial owner of a lot or of any land included in a proposed development, the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.

Development. A planning or construction project involving substantial property improvement and, usually, a change of land use character within the site; the act of using land for building or interactive purposes.

Deviation, minor. A deviation from this Zoning Ordinance is minor if it has no discernible impact on the neighboring properties, the general public, or those intended to occupy or use the proposed development. Minor deviations may be approved by the planning director.

Deviation, substantial. A deviation from this Zoning Ordinance is substantial if it has a discernible impact on the neighboring properties, the general public, or those intended to occupy or use the proposed development. Substantial deviations may only be approved by the planning and zoning commission or the city council. Also called a variance.

Discharge. Allowing, causing or maintaining the abandonment, depositing, dumping, emitting, emptying, injecting, leaching, leaking, migrating, pouring, pumping or spilling of wastes, leachate, oil or any other water contaminant.

Distillery, large. A duly licensed industrial business for the manufacture of spirituous liquors in quantities of greater than 150 "proof gallons" per license year (a "proof gallon" is a gallon of liquid at 60 degrees Fahrenheit that contains 50 percent ethyl alcohol by volume or its equivalent, according to Chapter 60-6A-22, NMSA 1978)

Distillery, small (also called craft distillery). A duly licensed business for the manufacture of spirituous liquors that does not manufacture more than 150 "proof gallons" per license year (a "proof gallon" is a gallon of liquid at 60 degrees Fahrenheit that contains 50 percent ethyl alcohol by volume or its equivalent, according to Chapter 60-6A-22, NMSA 1978).

Downstream capacity. The ability of downstream drainage facilities to accept and safely convey runoff generated upstream.

Drainage and grading permit. A permit issued jointly by the City of Carlsbad floodplain manager and the city engineer in accordance with federal, state, and local regulations, which allows excavating, filling, grubbing, grading or other such earth removal or relocation activity at a specified location and for a specified period of time.

Drainage way. Any path of concentrated flow or any depression, natural or manmade, into which surface water flows along a defined course. "Watercourse" is typically used for larger drainage ways. "Channel" is a more general term.

Drive-through facility. Any establishment that, by design or use, encourages or permits customers to receive a service or to obtain a product while the customer remains in an automobile.

Driveway. An area that is unobstructed and paved with an approved asphalt, concrete or gravel surface and that provides access to vehicle parking, loading, or circulation areas.

Driving range. A facility or area designed solely for practicing golf drives, which may or may not be located on a golf course.

Dwelling. A building or portion of a building designed exclusively for residential use as a dwelling unit (DU).

Dwelling unit, multiple-family. A building or buildings designed for residential occupancy, primarily permanent in nature, by more than two families, each family constituting a single housekeeping unit. The dwelling unit for each family shall have its own kitchen. A multiple-family dwelling unit shall not include a bed and breakfast, congregate residence, hotel, motel, rooming or boarding house, or similar facility.

Dwelling unit, multi-generational. A building designed for residential occupancy, primarily permanent in nature, with up to two kitchens for use by any number of persons related by blood, common ancestry, marriage, guardianship or adoption. A multi-generational dwelling unit shall not include a bed and breakfast, congregate residence, hotel, motel, rooming or boarding house or similar facility, or a separate structure from the principal dwelling for the purpose of renting.

Dwelling unit, single-family attached. Two single-family dwelling units, located on individual lots but sharing a lot line, and joined by a shared, unpierced wall from basement to roof (also called a duplex, row house or double).

Dwelling unit, single-family detached. A building designed for residential occupancy by one family constituting a single housekeeping unit but not including a bed and breakfast, congregate residence, hotel, motel, rooming or boarding house, or similar facility and located on an individual lot, which is not attached to any other dwelling unit in any way.

Dwelling units/acre (du/acre). Maximum residential density may be measured as the number of dwelling units per gross acre of land, measured by dividing the number of dwelling units on a lot or parcel by the parcel's gross area (in acres).

Easement. A right of use over the property of another.

Effective date. The date this code becomes effective.

Employee housing. Any dwelling unit or group of dwelling units designated or restricted only for occupancy by the employees of a specific company or facility, and their families and guests. All employee housing must comply with any restrictions present for the zoning of the subject property unless otherwise approved by the planning and zoning commission. All structures placed for employee housing must comply with all state and city regulations as it relates to the specific types of structures being placed.

Encroachment permit. A permit issued by the City of Carlsbad Director of Public Works, which allows the encroachment of a building, structure or use into the public right-of-way for a specified period of time and for a specified purpose related to the construction, expansion, relocation or other movement of adjacent buildings, structures or uses.

Entrance, primary. The entranceway to a structure closest to the public street or sidewalk or one that would be reasonably perceived by the public to be the entrance to the structure.

Erosion. The movement of soil due to wind or water.

Erosion control. Those best management practices utilized to prevent or reduce erosion or sedimentation and which are typically necessary when ground disturbances occur.

Excavation. Digging and removal of earth by mechanical means.

Extra-territorial zoning jurisdiction. An area within two miles of the city limits where extraterritorial zoning applies.

Family. Persons related by blood or marriage, or a group of persons who need not be related by blood or marriage, but who are living together as a single housekeeping unit in a dwelling unit.

Family child care home. A private dwelling in which a resident of the dwelling has been licensed by the state to provide and provides care for at least four but not more than 11 children on a regular basis for less than 24 hours per day (24 hours/day). The children residing in the dwelling who are age six or older shall not be counted as part of the four to 11 children set forth in this definition. The use as a family child care home shall be an accessory use. The primary use shall be as a private residence.

Farmers market. A congregation of seasonal outdoor sales of fresh produce and other items associated with the local farming and artisan industries.

Feed lot. A facility where livestock is raised and/or stored for commercial purposes prior to resale or slaughter.

Fence. A barrier constructed of chain link, wrought iron or similar material that closes, marks or borders a field, yard or lot and that does not limit visibility. Does not include chicken wire, barbed or razor wire.

Fence permit. A permit issued by the building inspector and required prior to construction or alteration of a fence or wall.

Fill. The placement of material such as soil or rock to replace existing material, or to create an elevated embankment. Fill also refers to the material which is placed.

Fire chief. The chief fire department official of the city or his or her designee.

Flag lot. A lot meeting minimum lot frontage requirements and where access to a public or private street is provided by means of a long, narrow driveway between abutting lots.

Flea market. An open-air market in which spaces are offered for rent or lease for the retail sale of crafts and/or other items. "Flea market" also includes "swap meet".

Floodplain administrator. The building inspector or other person designated by the city administrator to interpret and implement the city's Flood Damage Prevention Ordinance.

Floodplain development permit. A permit issued by the floodplain administrator and required prior to any manmade change in improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or construction within the regulatory floodplain.

Floor area, gross. The floor area within the inside perimeter of the exterior walls of a building exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or a portion thereof, not provided with surrounding exterior walls shall be the useable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

Floor area, net. The actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets.

Floor area ratio (FAR). The numerical value obtained by dividing the gross floor area of a building or structure by the area of the lot on which the building or structure is constructed.

French drain. A ditch filled with gravel or rock that redirects surface and ground water away from an area. French drains are commonly used to prevent ground and surface water from penetrating or damaging building foundations. Alternatively, the French drain technique may be used to distribute water, such as that which flows from the outlet of a typical septic tank sewage treatment system. French drains are also used behind retaining walls to relieve ground water pressure. Also called drain tile, land drain, or dry well.

Frontage. The distance measured along a right-of-way, property line, or access easement.

Frontage, street. The distance between the side property lines of a lot as measured along the street property line or the street right-of-way line.

Fuel service facility. Any structure or premises or portion thereof used principally for the storage and retail sale of automotive fuels, accessories and lubricants.

Geothermal energy system. A geothermal energy collection and conversion device that produces electricity or other form of energy primarily used for heating/cooling.

Golf course. An area or tract of land designed or used for playing at least nine holes of golf. Such use may also include accessory uses such as a parking lot, clubhouse, dining facilities, practice facilities, pro shop and snack bar.

Grade plane. A reference plane representing the average of finished ground level adjoining a building at its exterior walls or adjoining a structure at its exterior. Where the finished ground level slopes away from the exterior, the reference plane shall be established by the lowest points within the area between the building or structure and the lot line or, where the lot line is more than six feet from the building or structure, between the building or structure and a point six feet from the building or structure.

Grading. Any movement of rock, soil or vegetation by artificial means to include any or all of the following acts: clearing, excavating, leveling of land, grubbing, or placement of fill material.

Greywater. Non-industrial wastewater generated from domestic processes such as dish washing, laundry, bathing, and other household use except for the toilets.

Grocery store. A retail establishment offering for sale a complete line of food products and a limited line of household items for off-premises consumption and use. May include retail/packaged alcohol sales for off-premises consumption.

Group home. A residential facility, duly licensed by the state as a health facility, that provides room and board, personal care, habilitation services, for physically disabled persons or persons requiring supervision on an on-going basis.

Guest. Any person who rents or occupies a room on a temporary basis for sleeping purposes.

Guest house. An accessory building used as sleeping quarters for guests of the occupants of the main dwelling and having no cooking facilities.

Guest room. Any room occupied, or intended, arranged or designed for occupancy by one or more guests.

Guest room, rented. A guest room for which remuneration is charged or received.

Health facility. As defined in the Public Health Act, Chapter 24, Article 1, Section 2, NMSA 1978, as amended from time to time. Health facility means a public hospital, profit or nonprofit private hospital, general or special hospital, outpatient facility, maternity home or shelter, adult daycare facility, nursing home, intermediate care facility, boarding home not under the control of an institution of higher learning, child care center, shelter care home, diagnostic and treatment center, rehabilitation center, infirmary, community mental health center that serves both children and adults or adults only, residential treatment center that serves persons up to 21 years of age, community mental health center that serves only persons up to 21 years of age and day treatment center that serves persons up to 21 years of age or a health service organization operating as a freestanding hospice or a home health agency. The designation of these entities as health facilities is only for the purposes of definition in the Public Health Act and does not imply that a freestanding hospice or a home health agency is considered a health facility for the purposes of other provisions of state or federal laws. "Health facility" also includes those facilities that, by federal regulation, must be licensed by the state to obtain or maintain full or partial, permanent or temporary federal funding. It does not include the offices and treatment rooms of licensed private practitioners.

Heliport. An area that is used or intended to be used for the landing or takeoff of helicopters and any related structures and facilities thereon. "Heliport" includes the term "Helipad".

Holding tank. A watertight tank designed to receive and retain liquid waste for periodic pumping and disposal off-site.

Home occupation. A specific, permitted use for a specified duration and individual and incidental to a property's primary residential use.

Home occupation, office. A use permitted as a home occupation where limited consulting, record keeping, or the work of a professional person such as an accountant, engineer, or lawyer is done. Does not include headquarters of an enterprise or organization or the construction, manufacture or sale of on-premises goods.

Home occupation, sales and service. A use permitted as a home occupation where limited assembly or construction of items for sale off site is done or limited services such as a beauty shop, massage therapy, or photography, are provided.

Hospice facility. A facility, duly licensed as required by the state, equipped and staffed to provide hospice services to patients and their families on a 24 hours a day basis. The term "hospice services" means a program of palliative and supportive services which provides physical, psychological, social and spiritual care for terminally ill patients and their family members.

Hospital. A facility, duly licensed as required by the state, offering in-patient services, nursing, overnight care on a 24-hour basis for diagnosing, treating, and providing medical, psychological or surgical care for three or more separate individuals who have a physical or mental illness, disease, injury, a rehabilitative condition or are pregnant; and which may include as accessory uses or buildings, pharmacies, clinical laboratories, radiology, dialysis, staff offices, and dietary services. The term "hospital" includes facilities properly licensed as acute-care hospitals, critical access hospitals, limited services hospitals, long term acute-care hospitals, psychiatric hospitals, rehabilitation hospitals, and special hospitals as defined by the state. Heliports may be included as an accessory use.

Hotel/motel. An establishment providing, for a fee, sleeping accommodations and lodging services, including, but not limited to, maid service, furnishing and upkeep of furniture and bed linens, telephone and desk/concierge service. Related ancillary uses including, but not limited to, recreational facilities, bar, restaurant, meeting rooms, and convention center may also be available.

Intermediate care facility for the mentally retarded ("ICF/MR"). An intermediate care facility, duly licensed as required by the state, that provides food, shelter, health or rehabilitative and active treatment in the least restrictive setting including all needed services for the mentally retarded or persons with related conditions.

Interpretation. Determination or explanation regarding the meaning of a provision or provisions contained in this code.

Junk. Any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, secondhand, unusable, worn-out or wrecked material, object, or thing or material, including but not limited to those composed in whole or in part of asphalt, brick, carbon, cement, plaster, plaster of Paris, terra cotta, sand, wood, plastic or other synthetic substance, glass, paper, rubber, metal, wire, canvas, cloth, cotton, wool, or other fiber, organic matter or other substance.

Junkyard. Any premises on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, stored or transported, regardless of whether or not such activity is done for profit.

Laboratory, medical. A facility for medical testing, including a medical facility certified to perform diagnostic and/or clinical tests independent of an institution or physicians office.

Laboratory, scientific/research. A facility for scientific research and testing that does not include living human subjects. Uses may include biotechnology, pharmaceuticals, genetics, plastics, resins, coatings, fibers/optics.

Landfill. An area of land or an excavation in which solid wastes are located or placed for disposal.

Landscaping material sales/nursery. Any facility primarily engaged in retail sale or wholesale of materials used for landscaping purposes, such as plants, trees, chemicals and fertilizer, soil, decorative items and lawn furniture.

Livestock. Animals including, but not limited to, horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, rabbits, ratitae, camelids, members of the lama genus, or farmed cervidae.

Loading space. An off-set space or berth on the same lot with a structure, or contiguous to a group of structures, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, which abuts upon a street, alley or other appropriate means of access.

Lodge. See, "Club".

Lot. A portion of a legally platted subdivision that is shown on the records of the county clerk as a lot, tract, or parcel of land and held in separate ownership. A portion of land that was subdivided from other land in accordance with the then existing zoning and subdivision requirements.

Lot area, gross. A measurement of the total area contained within the boundaries of a lot, expressed in square feet, acres or other appropriate units, prior to the deduction of area for streets, alleys, easements, or other public spaces.

Lot area, net. A measurement of the total area contained within the boundaries of a lot, expressed in square feet, acres or other appropriate units, after the deduction of area for streets, alley, easements or other public spaces.

Majority, simple. More than 50 percent of the voting members seated for the vote.

Majority, super. More than 50 percent of the designated voting members of the decision making body.

Manufactured home. Shall be as defined in the Manufactured Housing Act, Chapter 60, Article 14, Section 2, NMSA 1978, as amended from time to time. "Manufactured home" means a movable or portable housing structure over 32 feet in length or over eight feet in width constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence and which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may be two or more units separately towable but designed to be joined into one integral unit, as well as a single unit. "Manufactured home" does not include recreational vehicles or modular or pre-manufactured homes, built to Uniform Building Code standards, designed to be permanently affixed to real property. "Manufactured home" includes any movable or portable housing structure over 12 feet in width and 40 feet in length which is used for nonresidential purposes.

Manufactured home, multi-section. Shall be defined in the Manufactured Housing and Zoning Act, Article 3, Section 21A-2, NMSA 1978, as amended from time to time. "Multi-section manufactured home" means 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 and 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 and the Housing and 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 and with the rules made pursuant thereto relating to permanent foundations.

Manufacturing. The mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the creation of products, and the blending of materials such as liquors, lubricating oils, plastics, resins, or commercial and industrial scale welding. Also called "production".

Mausoleum. An above-ground building used or intended to be used to permanently contain the remains of deceased humans, sealed in crypts.

Miniature golf course. An area designed or used for the playing of a novelty version of golf played with a putter and golf ball on a miniature course and often featuring obstacles.

Mining operation. The process of obtaining useful minerals from the earth's crust or from previously disposed or abandoned mining wastes including, without limitation exploration, open-cut mining, and surface operation, the disposal of refuse from underground and in situ mining, concentration, evaporation, leaching, milling, mineral transportation and other processing.

Mobile food establishment. A vehicle-mounted, commercial food service establishment designed to be readily moveable and which may serve multiple locations on a daily basis. Mobile food establishments shall conform to all state and local requirements for operation of a mobile food business. Licensing by a state department of motor vehicles and the NM Environment Department is required in addition to a city temporary use permit and city business registration. Also called food truck.

Mobile home. Shall be defined in the Manufactured Housing and Zoning Act, Article 3, Section 21A-2, NMSA 1978, as amended from time to time. "Mobile home" means a movable or portable housing structure larger than 40 feet in body length, eight feet in width or 11 feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the unit's construction or built to the standards of any municipal building code.

Mobile home park. A parcel or lot designed and developed for long-term residential use and intended for rent or lease where the residents live in mobile homes or manufactured homes exclusively.

Mobile home subdivision. A subdivision designed and developed with individual lots for long-term residential use and intended for sale where residents are in mobile homes or manufactured homes exclusively.

Motor vehicle salvage or wrecking yard. A type of junkyard at which there is the open storage of three or more inoperable vehicles or on which salvaged motor vehicle bodies, motor vehicle parts, scrap or waste materials of any kind are displayed, exchanged, handled, processed, sold or stored.

Nominal or remote. Trifling or distant.

Nursing facility. A facility, duly licensed as required by the state, which primarily provides skilled nursing care and related services to residents for the rehabilitation of disabled, injured, or sick persons, or on a regular basis, health-related care services above the level of custodial care to other than mentally retarded individuals. The term "nursing facility" includes intermediate care facilities, nursing homes, and skilled nursing facilities as defined by the state.

Office. A place where consulting, record keeping, or the work of a professional person such as an accountant, engineer, lawyer, or physician is done, or a headquarters of an enterprise or organization; but the construction, manufacture or sale of on-premises goods is not included.

Office, business. A type of office which is the headquarters of a business or organization where activities such as record keeping, billing or other administrative functions are performed.

Office, professional. A type of office which is the headquarters of a business or organization where activities such as legal services, advertising, surveying, planning, consulting, chiropractic services, physician/medical doctor services, engineering or architectural services are performed. Does not include "health facilities" as defined herein.

Official zoning map. The City of Carlsbad land use designation map or maps corresponding to uses specified in this code.

Outdoor commercial amusements. Various activities and structures that draw large numbers of people to specific events or shows including, but not limited to, amusement parks, arenas, outdoor concert areas, racetracks, shooting ranges, stadiums, or similar facilities intended to attract large crowds.

Outdoor sales, repairs, and activities. The sale, repair, display, or provision of products or services primarily outside of a building or structure.

Owner. Any person who has legal control of, or title to real property or a structure.

Parcel. An abutting area of land containing one or more lots in the possession of, owned by, or recorded as the property of a person.

Parking lot. An area paved with an asphalt or cement surface and containing parking spaces reserved for the temporary parking of motor vehicles. Does not include overnight parking.

Parking lot, commercial. An area or structure used for the temporary parking of passenger vehicles including automobiles, light and medium trucks, sport utility vehicles, and motorcycles, (but not including large or commercial vehicles such as, but not limited to, busses, heavy equipment, or freight vehicles) at which a fee is charged for the use of individual parking spaces.

Parking lot sales. The sale of goods in the parking lot of a permitted structure or use.

Parking space. An area for the parking of one automobile, having a minimum width of eight feet and a minimum length of 20 feet.

Person. Any individual, association, club, company, cooperative, corporation, estate, firm, joint venture, partnership, receiver, syndicate, trust or other entity.

Personal services. Services provided for personal or home use that do not principally support business activities. Examples include: photographic studio, hair, tanning, tattoo, and personal care services, martial arts, dance or music classes.

Planned unit development (PUD). A development and zoning district designed to accommodate varied types of residential and/or non-residential development including single, duplex and multiple-family housing, commercial or industrial uses, and related accessory uses and special uses commonly found in similar developments, in patterns or layouts not otherwise permissible in other zone districts of this Zoning Ordinance. Planned unit developments are designed and intended to provide additional amenities or benefits to the city in return for flexibility in the design, layout, and dimensions of the development.

Planning director. The city administrator or his or her designee.

Police and/or fire facility, full station. Central station containing offices of the chief and administrative employees, where business is conducted for police, fire, ambulance and/or other emergency service provided by a governmental agency.

Police and/or fire facility, substation. Any stations in addition to the full station located throughout the city to provide police, fire, ambulance and/or other emergency service to the surrounding community by a governmental agency.

Premises. A lot, together with all buildings and structures thereon.

Property lines. The lines bounding a lot.

Public hearing. A duly advertised hearing open to the public and conducted in accordance with the requirements of this code and applicable state law which provides an opportunity for interested parties to present their opinions and/or evidence.

Public meeting. An informal meeting or other public gathering to discuss a topic or set of topics not requiring formal decision making.

Pushcart. A human propelled, self-contained food service cart, operating at approved locations for no more than two hours at a time, as defined and licensed by the state environment department.

Recreational vehicle (RV). A vehicle, which is built on a single chassis designed to be self-propelled or to be mounted or drawn by an automotive vehicle; and not designed for use as a permanent dwelling, but primarily as temporary living quarters for camping, recreational, travel, or seasonal use. It includes, but is not necessarily limited to motor homes, travel trailer, pop-up campers/tents and truck campers.

Recreational vehicle park (RV park). A use and any lot or parcel of land where space is rented to owners or users of recreational vehicles, tent campers or tents and those areas containing permitted accessory uses.

Residential care facility. Any residence for adults, duly licensed as required by the state, which provides and which has as its primary purpose to provide to the residents, either directly or through contract services, programmatic services, room, board, assistance with the activities of daily living, in accordance with the program narrative, and/or general supervision to two or more adults who have difficulty living independently or managing their own affairs.

Residential facility. A facility, duly licensed as required by the state, in which 24-hour continuous therapeutic care is provided to a group of children/adolescents.

Residential treatment center, accredited. A facility, duly licensed and accredited as required by the state, with 16 beds or less that may be attached to, or housed within, a hospital or other institution; that provides residential treatment services. The term "residential treatment services" means a program that provides 24-hour therapeutic care to children/adolescents with severe behavioral, psychological, neurobiological, or emotional problems, who are in need of psychosocial rehabilitation in a residential facility.

Residential treatment facility. A facility, duly licensed as required by the state, that provides 24-hour therapeutic care to children and adolescents and is licensed for no more than 16 children/adolescents. This includes residential treatment centers, group homes, residential substance abuse facilities and other similar facilities.

Restaurant, fixed. A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales constitute the primary revenue source. May include a bar as an accessory use.

Retail sales establishment, community scale. An establishment with 5,000—30,000 square feet of gross floor area, where the sale or rental of goods for consumer or household use is the primary purpose. May include grocery sales.

Retail sales establishment, neighborhood scale. An establishment with less than 5,000 square feet of gross floor area, where the sale or rental of goods for consumer or household use is the primary purpose. May include grocery sales.

Retail sales establishment, regional scale. An establishment with greater than 30,000 square feet of gross floor area, where the sale or rental of goods for consumer or household use is the primary purpose. May include grocery sales.

Right-of-way. Land across which there is an easement or which is reserved and dedicated for use as an alley, crosswalk, street, for utilities or for other public use or access.

Roadway. That portion of a street right-of-way developed for vehicular traffic.

Rooming or boarding house. The subordinate use of a dwelling unit, for which the main use is the owner or operator's permanent residence, containing not more than five guest rooms where lodging is provided with or without meals, for compensation.

Septic tank. A water-tight tank which meets all applicable codes, is properly permitted, and is designed and constructed to separate solids from liquid and digest organic matter through a period of detention together with a leach field.

Setbacks. Unobstructed, unoccupied, open areas, measured at its shortest distance as follows:

(a)

Street or front setback. The street or front setback shall be the distance between the front building line and the front property line or street right-of-way line, or street easement whichever is closer. If there is no street right-of-way line, then it shall be the shortest distance between the front building line and the nearest edge of the street or curb, whichever is closer.

(b)

Side setback. The side setback is the distance between the side building line and the side property line.

(c)

Rear setback. The rear setback is the distance between the rear building line and the rear property line.

(d)

City's discretion. The city may, in its sole discretion, designate which side of the property is the front, side, and rear.

(e)

No yard, setback, or other open space provided around any structure for the purpose of complying with provisions of this code shall be considered as providing a yard, setback, or open space for any structure on any other lot.

Sidewalk. A pedestrian walkway with permanent asphalt, brick, concrete or stone surfacing, a minimum of four feet in width and providing for Americans with Disabilities Act (ADA) compliance.

Sign. Any device that is sufficiently visible to persons not located on the lot where such device is located and is designed to attract the attention of such persons or to communicate information to them.

Sign permit. A permit issued by the city administrator that authorizes the recipient to erect, move, enlarge, or alter a sign.

Single-family dwelling. A building designed for residential occupancy by one family constituting a single housekeeping unit having only one kitchen, but not including a bed and breakfast, congregate residence, hotel, motel, rooming or boarding house, or similar facility.

Shared access. Joint use of a curb cut or drive aisle utilized by more than one use, building, or property.

Shared parking. Joint use of a parking area by more than one building or property.

Shelter, emergency. A facility for the temporary shelter and feeding of disaster victims, operated by a public or nonprofit agency and where immediate support services may be provided.

Shelter, homeless. A facility for the temporary shelter and feeding of indigents or disaster victims, operated by a public or nonprofit agency and where immediate support services may be provided.

Shopping center. Multiple retail sales establishments of various sizes, planned, constructed, and managed as an entity with off-street parking meant to be shared by tenants. The inclusion of an anchor such as a community scale retail sales establishment or a grocery store is common.

Skirting. A material designed and utilized to enclose a space between the lowest floor of a manufactured home, mobile home or modular home and the ground and utilized to completely conceal the undercarriage portion of such homes.

Slope. The ratio of vertical distance to horizontal distance (rise over run).

Solar energy conversion system/solar panels. A solar energy collection and conversion device that produces electricity or other form of energy primarily used for heating/cooling.

Solid waste. Any garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials including solid, liquid, semi-solid or contained gaseous material resulting from agricultural, commercial, industrial and mining operations and from community and residential activities, but does not include those items specifically excluded from the definition of solid waste in the Solid Waste Management Regulations of the New Mexico Environmental Department, as such definition may be amended from time to time.

Specified anatomical areas. Includes:

(a)

Less than completely and opaquely covered human:

(1)

Genitals, pubic region;

(2)

Buttock or anus;

(3)

Female breast below a point immediately above the top of the areola to and including the bottom of the breast; covering of only the nipple and areola of the breast shall not constitute such covering.

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and

(c)

A covering or device that, when worn, gives the appearance of or simulates the above-listed specified anatomical areas.

Specified sexual activities. Includes:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Actual or simulated sex acts of human masturbation, sexual intercourse, sodomy, or similar acts; and

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast.

Spot zone. An arbitrary zoning or rezoning of a small tract of land, which is surrounded by other zoning categories that are of a different intensity, and which is not consistent with the land use goals of the city's comprehensive plan.

Stormwater, detention. The collection and storage of surface water for subsequent, gradual discharge.

Stormwater, retention. The collection and permanent storage of surface water.

Street, arterial. Those streets so designated and designed to carry high traffic volumes or function as major thoroughfares.

Street, collector. Those streets so designated and designed to carry moderate traffic volumes and function as connections between residential streets and arterial streets.

Street, residential. Those streets so designated and designed to carry low traffic volumes primarily through residential areas and neighborhoods.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground. "Structure" includes "building" but does not include a tent, camper or recreational vehicle, vegetation, vehicle, or public utility pole or line.

Structure height. The vertical distance from grade plane to the highest point on the structure.

Temporary use. A specific, permitted use established for a specified period of time. Temporary uses do not involve the construction or alteration of any permanent structure.

Tent. Any structure, enclosure or shelter constructed of fabric or other pliable material, supported by any manner except air or the contents protected by the material.

Theater/dance hall. A building or part of a building used to show motion pictures or for drama, dance, musical, or other live performances.

Traffic impact analysis (TIA). A technical study performed by a qualified engineer, which assesses the impact of a proposed facility or development on existing and proposed rights-of-way. It may analyze the impact on safety, intersections, circulation patterns, ingress/egress, traffic loads, parking and loading areas, on-site circulation and vehicles per day and may set forth mitigation measures to eliminate or substantially reduce such impacts. Also referred to as a "traffic study."

Trailer. A vehicle without motive power, designed to be towed by an automobile or truck but not designed for human occupancy and which may include a utility trailer, boat or watercraft trailer, horse trailer, or equipment trailer.

Transfer station. Any facility, including containers, vehicles, structures or buildings constructed, used and managed for the intermediate storage and/or processing and placement of solid waste for a limited period of time prior to transfer to a sanitary landfill, incinerator, or other solid waste disposal facility.

Travel trailer. Any vehicular or similar portable structure designed as a temporary dwelling for travel, recreational and vacation uses, including, but not necessarily limited to recreational travel trailers and camping trailers. A form of recreational vehicle that may operate under its own power or be towed by a vehicle.

Truck. A commercial vehicle such as, but not limited to, freight vehicles, solid or liquid hauling vehicles, tractors, busses or heavy equipment.

Trucking business. Any business with the primary function of freight movement, water hauling, oil/gas hauling or providing or storing service vehicles.

Truck stop/travel plaza. An area or structure designed or used for the temporary parking of large or commercial vehicles such as, but not limited to, freight vehicles, busses, or heavy equipment. In addition to parking, the area or structure may include ancillary services, such as, but not limited to, fuel, food, vehicle repair, and overnight rest facilities.

Use. The activity or function that actually takes place or is intended to take place on a parcel.

Utility, basic. Infrastructure services that need to be located in or near the area where the service is provided. Examples include individual customer service lines, storm water retention and detention facilities, telephone exchanges and water and sewage pump stations, but shall not include telecommunication towers. Service may be public or privately provided. Accessory uses may include control, monitoring, support and transmission or data equipment.

Utility corridor. Public or private passageways, including easements, for the express purpose of transmitting or transporting communication signals, electricity, gas, oil, sewage, water, or other similar services on a regional level.

Utility, intermediate. Infrastructure services that need to be located in or near the area where the service is provided, but which provide services on a larger scale than basic utility services. Examples include electrical substations, park and ride facilities for mass transit, public and private water treatment facilities, recycling drop-off stations and water towers and reservoirs, but shall not include telecommunication towers. Service may be public or privately provided. Accessory uses may include control, monitoring, support and transmission or data equipment.

Variance. Any substantial deviation from the requirements of this code.

Vehicle repair. The servicing or cleaning of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as boats, motorcycles and recreational vehicles. Generally, the consumer does not wait at the site while the service or repair is being performed. Accessory uses may include offices, sales of parts, and vehicle storage. Specific vehicle repair use types in this code include: auto mechanical repair, body shop, light and medium truck repair, and tire recapping and storage.

Vehicle repair, trucks. The servicing and repair of semi-trucks. Generally, the consumer does not wait at the site while the service or repair is being performed.

Vehicle service, limited. Limited vehicle service uses provide direct services to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as boats, motorcycles and recreational vehicles where the driver or passengers generally wait in the car or nearby while the service is performed. Accessory uses may include minor auto repair, offices, sales of parts and tires. Specific limited vehicle service use types in this code include: car wash, fuel service facility, and quick lubrication facilities.

Veterinary clinic/office. Buildings and accessory structures or uses, where animals receive medical treatment and may be boarded during convalescence, operated by a veterinarian licensed in the State of New Mexico.

Vocational/technical/trade school. A school that offers specialized training in skilled trades or occupations, such as building trades, mechanics or office skills.

Wall. A solid barrier constructed of concrete, stone, brick, tile, wood or similar material that closes, marks, or borders a field, yard, or lot and that limits visibility.

Waste, hazardous. Waste, which, because of its quality, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality, serious incapacitation, or illness; or pose a substantial presence of potential hazard to human health or the environment when improperly disposed of, stored, transported or treated, or otherwise managed, and which has been identified, by characteristics or listing, as hazardous pursuant to Section 3001 of the Resource Conservation Recovery Act of 1976; P.L. 94-580.

Waste, medical. Hospital and laboratory waste, including pathological specimens (i.e., all tissues, specimens, excreta and secretions obtained from patients and laboratory animals) and disposal fomites (any substance which may harbor or transmit pathological organisms) attendant thereto. Also, surgical operating room pathogenic specimens and disposal fomites attendant thereto and similar disposable materials from outpatient areas and emergency rooms. Also, equipment, fomites, instruments and utensils of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease.

Watercourse. Any arroyo, channel, creek, lake, river, stream or other body of water having banks and bed through which water flows at least periodically.

Water harvesting. The gathering, or accumulating and storing, of rainwater. Traditionally practiced in arid and semi-arid areas to provide drinking water, domestic water, water for livestock and irrigation. Also used as a way to replenish ground water levels.

Water supply system. A system to provide water for domestic use or human consumption.

Wholesale establishment. An establishment or place of business primarily engaged in selling merchandise to other businesses or other wholesalers, or acting as an agent or broker by buying merchandise for, or selling merchandise to, such businesses or wholesalers.

Wind energy conversion system/wind turbine. A wind energy conversion device that produces electricity; typically three blades rotating about a horizontal axis.

Windmill. A wind energy device with rotating blades and with a maximum height of 35 feet, that is decorative or pumps groundwater for agricultural use.

Wine. Means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar, or any such alcoholic beverage to which is added grape brandy, fruit brandy or spirits of wine that is distilled from the particular agricultural products of which the wine is made, and other rectified wine products by whatever name that do not contain more than 15 percent added flavoring, coloring and blending material and that contain not more than 24 percent alcohol by volume, and includes vermouth.

Winery. A facility in which a winegrower manufactures and stores wine.

Wine blender. A person authorized to operate a bonded wine cellar pursuant to a permit issued for that purpose under the internal revenue laws of the United States but who does not have facilities or equipment for the conversion of grapes, berries or other fruit into wine and does not engage in the production of wine in commercial quantities; provided that any person who produces or blends not to exceed 300 gallons of wine per year shall not, because of such production or blending, be considered a wine blender.

Wine bottler. A New Mexico wholesaler who is licensed to sell wine at wholesale for resale only and who buys wine in bulk and bottles it for wholesale resale.

Wine grower. A person who owns or operates a business for the manufacture of wine. Also referred to as "winer."

Xeriscaping. Landscaping characterized by the use of vegetation that is drought-tolerant or of low water use in character.

Yard. An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by structures. No yard, setback, or other open space provided around any structure for the purpose of complying with provisions of this code shall be considered as providing a yard, setback, or open space for any structure on any other lot.

Yard, front. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the front building line.

Yard, rear. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the rear building line.

Yard, side. An open, unoccupied space on the same lot as the building and between the side building line and the side lot line.

Zoning permit. A permit issued by the planning director that authorizes the recipient to make use of property in accordance with the requirements of this Zoning Ordinance.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)