The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

General Definitions.

Abandoned building means a vacant building whose use or activity has ceased or been discontinued for a period of twelve (12) consecutive months or more.

Abutting, adjacent, or contiguous means touching and/or separated by no more than fifty (50) feet where the intervening land is a ditch, canal, easement or right-of-way, whether public or private.

Accessory Building or Structure means a building detached from and incidental and subordinate to the dwelling unit and located on the same lot, such as a detached garage, workshop, or studio. An Accessory Building or Structure shall not be used as a second or independent dwelling unit.

Accessory Use means a use of land or of a building or portion thereof that is incidental and subordinate to the main use of the land and building and located on the same lot with the main use.

Administrator means the Planning and Zoning Administrator of the Village.

Adobe means bricks, whether stabilized or unstabilized, made of earth along with straw or similar incorporated materials, and includes all classes of adobe described in Section 14.7.4.10 of the New Mexico Administrative Code.

Advanced Septic Treatment System means a wastewater treatment system that removes a greater amount of contaminants than is accomplished with a conventional system.

Agricultural activities means the raising and harvesting of crops, horticultural activities, or animal husbandry.

Agricultural products means products that are the direct result of agricultural activities.

Antenna means equipment designed to transmit or receive electronic signals.

Application means all the documents and fees required to be submitted to the Village for a permit or approval.

Assisted living means a housing facility or community that provides care for citizens who need assistance with daily activities, including as a minimum room, board, and living assistance.

Attached means two (2) or more structures connected by exterior walls creating an enclosed and heated dwelling space.

Bed and breakfast means a type of short-term rental establishment with at least one (1) permanent resident and a subordinate use of guest rooms which may be rented for overnight lodging with breakfast served to overnight guests only.

Buffer means a wall, fence and/or landscaping located between nonresidential and residential property, or adjacent to the common boundary thereof, for the purpose of mitigating the effects of nonresidential activity on residential property.

Build means to erect, convert, enlarge, reconstruct or structurally alter a structure.

Building means any roofed structure built for occupancy and use by persons or property, including animals or livestock.

Building inspector means the building inspector appointed by the Village as provided by Section 8-29(a) of the Village Code.

Business means and includes the operating, conducting, doing, carrying on, causing to be carried on, or pursuing any business, profession, occupation, trade or pursuit for which the person conducting such business, profession, occupation, trade or pursuit is required to obtain a State taxpayer (CRS) identification number from the New Mexico Taxation and Revenue Department.

Cannabis shall have the same definition as set forth in Section 26-2C-2(B) of the Cannabis Regulation Act, and shall not include hemp.

Cannabis consumption area means an area where cannabis products may be served and consumed.

Cannabis establishment shall have the same definition as set forth in Section 26-2C-2(E) of the Cannabis Regulation Act.

Cannabis manufacturer shall have the same definition as set forth in Section 26-2C-2(H) of the Cannabis Regulation Act.

Cannabis producer shall have the same definition as set forth in Section 26-2C-2(I) of the Cannabis Regulation Act.

Cannabis product shall have the same definition as set forth in Section 26-2C-2(K) of the Cannabis Regulation Act, and shall not include hemp.

Cannabis Regulation Act means New Mexico State Statutes Annotated Chapter 26 Sections 1 through 42 [26- 2C-1 to 26-2C-42 NMSA 1978] effective June 29, 2021.

Cannabis retailer shall have the same definition as set forth in Section 26-2C-2(M) of the Cannabis Regulation Act.

Clear sight triangle means a generally triangular area that defines an area necessary for the clear view by the driver of a motor vehicle or a bicyclist of oncoming cross-street motor vehicle, bicycle, or pedestrian traffic.

Commercial cannabis activity shall have the same definition as set forth in Section 26-2C-2(R) of the Cannabis Regulation Act.

Commission means the Planning and Zoning Commission of the Village.

Connected means all rooms are part of the same contiguous heated space and are accessible through the same primary entrance.

Demolition means the intentional act of substantially pulling down, destroying, dismantling, defacing, removing or razing a building or structure, or commencing the work of a total, substantial or partial destruction of a building or structure with the intent of completing the same. Also included within the meaning of demolition is the act or process of delaying or withholding maintenance of a building or structure in such a way as to cause or allow significant damage to occur which may result in a hazard or nuisance.

Driveway means a non-dedicated vehicular way which provides access from a public or private right-of-way to a property abutting that right-of-way.

Dwelling Unit means a single unit with connected rooms intended, or designed to be built, used, rented, leased, let or hired out to be occupied, providing complete independent living facilities for one (1) or more persons, including permanent provisions for each and every one (1) of the following uses: living, sleeping, eating, cooking and sanitation. For purposes of the definition of Dwelling Unit, a dwelling unit may be a mobile home (as permitted in the A-1 or C zones), modular home, manufactured home or site-built house. It may also be an independent unit of an apartment, townhouse or other such multiple-unit residential structure, where allowed by Zoning Code. Recreational vehicles, travel trailers or converted buses, whether on wheels or a permanent foundation cannot be a dwelling unit. Accessory buildings or structures cannot be a dwelling unit.

Easement means an interest which a person or persons has in the land of another, which allows an individual a right of use over the property of another for a specific purpose.

Event means activities that may include service of food and/or beverages, live or recorded music, use of sound systems, dancing and/or other types of celebrations.

Event center means a building where activities may include service of food and beverages, live or recorded music, use of sound systems and microphones, dancing, and other types of celebrations.

Family means one (1) or more persons occupying a single dwelling unit, all of whom are related to each other by blood, marriage or legal adoption, or no more than five (5) persons occupying a single dwelling unit if they are not all related to each other by blood, marriage or legal adoption.

Floor area means the combined area of each separate story under the roof as measured from the outer dimensions of the enclosed area.

Frontage means a distance measured along a primary right-of-way and/or access easement abutting a lot.

Governing Body means the legislative branch of the Village consisting of the Mayor and six (6) councilors to be elected from single-member districts for staggered terms of four (4) years, with terms of one-half of the councilors expiring at the end of one (1) two (2) year period and the terms of the other councilors expiring at the end of the following two (2) year period.

Grade means the elevation at a defined point.

Greenhouse means a completely enclosed structure whose structural members are made of pre-formed, rigid construction materials, or a completely enclosed structure that protects horticultural products from all external elements where the growth environment is closely controlled. Greenhouse also means an accessory structure, with transparent or translucent roof and/or wall panels intended for the raising of plants or crops.

Ground cover means plant material on the surface of the land for decorative, ornamental, or agricultural use which obscures the native soil.

Group home means a dwelling unit that contains a licensed community residence that may or may not be operated by the State providing housing, care and counseling or therapy for elderly residents or residents who are mentally ill, handicapped, or developmentally or physically disabled. A Group Home in a Commercial Zone may also contain a medical care facility. No Group Homes may be used as Correctional Facilities.

Growers' market means a direct marketing facility governed and operated by its vendors and by residents of the Village providing a location where New Mexico agricultural products, including food products, are offered for direct sale by their producers to the general public.

Height means the vertical distance of any building and/or structure measured from the lowest undisturbed grade adjacent to the structure to the highest point of the structure.

Hemp means the Cannabis sativa L. plant, or any part of the plant, and extracts of it, that contain no more than zero and three tenths (0.3) percent Tetrahydrocannabinol (THC), as calculated on a dry weight basis, as defined under federal law and as exempted from the definition of "marijuana" as a Schedule 1 controlled substance as defined in 21 USC § 802(16) of the Controlled Substances Act (CSAV).

Home occupation means a business activity performed on the premises of a dwelling unit by one (1) or more residents where such business activity is secondary and subordinate to the residential use of the premises.

Housing facility or community means any dwelling or group of dwelling units governed by a common set of rules, regulations or restrictions; provided, however, that a portion or portions of a single building, less than the entirety thereof, shall not constitute a housing facility or community.

Impervious surface means any applied surface which does not permit water to percolate through.

Independent living means a housing facility or community that provides services for citizens who need little or no assistance with daily activities, including as a minimum room and board.

Integrated cannabis microbusiness shall have the same definition as set forth in Section 26-2C-2(GG) of the Cannabis Regulation Act.

Intensive agriculture means any agricultural activities conducted in greenhouses, which involve raising crops on a land intensive basis and includes activities which require heightened utilization of pesticides, concentrated fertilizers or water usage for irrigation.

Intersection means the point or line where two (2) lines or surfaces meet or cross including the place where two (2) or more streets meet or cross.

Jurisdiction means all territory within the incorporated limits of the Village.

Kitchen means any room used, intended or designed to be used for cooking or the preparation of food.

Landscaping means the planned introduction of living plants such as trees, shrubs, ground cover, or grass and non-living materials such as rocks, gravel, mulch, fences, walls, or paving materials, but does not include the growing of crops, fruit trees, vegetables or nursery stock for commercial purposes.

Legal notice relates for purposes of this article to the notice necessary for Quasi-Judicial Hearings and means giving the public notice of a hearing at least thirty (30) days before the date of the hearing, by posting in the Village and also by mailing written notice by certified mail, return receipt requested, not less than fifteen (15) days before the date of the hearing, to the owners of all property within three hundred (300) feet of the exterior boundaries, excluding public right-of-way, of the property on which a hearing has been requested, using for these purposes the last known name and address of the owners shown in the records of the County assessor. Other forms of notice as used in this Chapter are intended to govern land use and zoning matters which are not subject to legal notice and may require less formal notice procedures.

Licensed premises shall have the same definition as set forth in Section 26-2C-2(HH) of the Cannabis Regulation Act.

Local contact means an owner, representative of the owner, operator or local property manager of a Short-term Rental who lives within the Village of Corrales or within proximity of Village limits such that he/she is available to respond within one (1) hour or less to emergencies, tenant and neighborhood complaints or concerns and is authorized to respond to any violation of this section and take remedial action.

Localized storm water means water from natural precipitation flowing over the property, on which it falls.

Lot means a lot or parcel created by a subdivision plat and recorded with the County clerk.

Lot coverage means the total area covered by all impervious surfaces on a lot divided by the area of the lot.

Lot width means the perpendicular distance measured from the longest, straight (non-curve) lot boundary line to the opposite lot boundary line(s).

Lot width standard means the value assigned to lots within an established zone; used to determine if the lot complies with the lot width requirement.

Lynn and Erin Compassionate Use Act means Sections 26-2B-1 through 26-2B-7, NMSA 1978, as amended and supplemented.

Manufactured housing means a manufactured home or modular home that is a single dwelling unit, with a heated area of at least thirty-six (36) by twenty-four (24) feet and at least eight hundred sixty-four (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.

Middle Rio Grande Conservancy District (MRGCD) Tracts means tracts which were created for the purpose of administering water rights and delivering water to certain tracts of land within the Village of Corrales. In most cases, the MRGCD tracts were not created by subdivision plat after governmental approval.

Mobile home means a moveable or portable housing structure larger than forty (40) feet in body length, eight (8) feet in width or eleven (11) feet in overall height, designed for and occupied 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.

Net acre means the acreage of a lot exclusive of public dedications.

Nonconforming lot means a parcel or tract of land platted and/or placed on the County clerk's record in accordance with appropriate laws and ordinances prior to November 13, 1989, that no longer meets the requirements of this article, or after subsequent amendments to this Article.

Nonconforming structure means an existing structure that was built prior to the November 13, 1989, that fails to conform the present setback, lot coverage, or other development standards of this article, or after subsequent amendments to this Article.

Nonconforming use of structure or land means a use that was lawfully established prior to November 13, 1989, and since maintained, that does not meet the district or use specific development standards of this article, or after subsequent amendments to this Article.

Occupation(s) means a person's work or business, especially as a means of earning a living and/or vocation.

Open meetings resolution means the most recent resolution adopted by the Planning and Zoning Commission and Governing Body which sets rules for the notice of meetings to the public that are consistent with the applicable provisions of the Open Meetings Act, Sections 10-15-1 through 10-15-4, NMSA 1978.

Open space area means the undeveloped, unbuilt upon ground area that is not covered with impervious surfaces which may be covered with vegetation, landscaping, and/or non-vehicular paths.

Operator means the person who is proprietor of a residential short-term rental. Any operator who is not the owner of the property must obtain written permission from the owner to conduct the short-term rental business.

Parking space, off-street means an area not in a roadway and having an area of not less than one hundred eighty (180) square feet, exclusive of driveways, reserved for the intermittent storage of one (1) automobile and connected with a street or alley by a driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

Pathway means a constructed way track or trail, whether located on public right-of-way, an easement, or elsewhere, designed primarily for pedestrian, equestrian, and non-motorized vehicular use, except for motorized wheelchairs and similar transport used by persons with disabilities.

Permissive use means a use allowed by right in a particular zoning district. Permissive uses are subject to all other applicable regulations of this article.

Permit means written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

Personal production of cannabis means the production or manufacture of homegrown cannabis or homemade cannabis products pursuant to Section 26-2C-27 of the Cannabis Regulation Act. Homegrown or homemade means grown or made for purposes that are not dependent or conditioned upon the provision or receipt of financial consideration.

Planning and Zoning Commission means the seven (7) member Commission appointed by the Mayor with the advice and consent of the Governing Body, serving staggered terms of two (2) years each and residing within the Village limits.

Plat means a map created by a licensed engineer or surveyor, prepared in accordance with the survey requirements of the State of New Mexico, showing thereon one (1) or more separate parcels of land, identified by metes and bounds descriptions and any identifiable monuments and other requirements of the governmental authority having jurisdiction over platting and subdividing real property.

Ponding means the provision for retention of localized storm water on site.

Primary caregiver means a resident of New Mexico who is at least eighteen (18) years of age and who has been designated by a qualified patient and the patient's practitioner as being necessary to take responsibility for managing the well-being of a qualified patient under the Lynn and Erin Compassionate Use Act.

Professional means a person engaged in a vocation or occupation requiring education, knowledge or skill and that requires licensure by the State of New Mexico under Chapter 61, NMSA 1978.

Public notice means the posting of notices of public meetings within the Village as required by the annual open meetings resolution adopted by the Governing Body or Planning and Zoning Commission pursuant to NMSA 1978, § 10-15-1, as amended.

Public right-of-way means dedicated and accepted public land deeded to the Village or reserved by plat, or otherwise acquired by the Village, county or State.

Qualified patient means a resident of New Mexico who has been diagnosed as having a debilitating medical condition and has received a registry identification card from the New Mexico Department of Health permitting the possession of cannabis for personal medical use under the Lynn and Erin Compassionate Use Act.

Quasi-public means a use operated by a private or public nonprofit educational, religious, recreational, charitable, fraternal or medical institution, association or organization, the use having the purpose primarily of serving the general public and including, but not limited to, such uses as churches, private schools, community youth and senior citizen recreational facilities, meeting halls, private hospitals and similar uses.

Right-of-way means the entire area of public land used for a roadway, street, pathway or trail, or of an easement dedicated to the Village and so used, including the entirety of the land within the boundaries of such area, whether or not any portion thereof is actually used as a part of the roadway, street, pathway or trail.

Road, see definition for Street.

Roadway means that portion of a street which is improved by surfacing with permanent or semi-permanent material and is intended for vehicular traffic.

Runoff means that portion of storm water which is not absorbed by the surface on which it falls.

School means a facility in which a supervised program of general instruction is provided by certified school instructors (as defined in Section 22-1-2(AA), NMSA 1978) to students in any grade or grades from pre-school or kindergarten through the twelfth (12th) grade. To qualify as a school for purposes of this article, a facility offering instruction to students in grades one (1) through twelve (12), or any of them, must in those grades, as a minimum, provide instruction in grammar, mathematics, science, and social science.

Senior living facility means a housing facility or community (A) that is intended for and is operated for occupancy by persons sixty-two (62) years of age or older; (B) in which at least ninety (90) percent of the occupied dwelling units are occupied by at least one (1) person who is sixty-two (62) years of age or older; and (C) that provides significant facilities and services specifically designed to meet the physical and social needs of older persons, including as a minimum, assisted living, or skilled nursing care, or a combination thereof. It may optionally include independent living.

Setback means minimum distance between any building or structure and a boundary line of the lot upon which it is located.

Setback, front (front setback) means the minimum allowable distance between a structure and the boundary line which borders the primary access to the lot upon which such structure is located.

Setback, rear (rear setback) means the minimum allowable distance between a structure and the boundary line which is opposite and most distant from a legal access of the lot upon which such structure is located, the rear setback is located on the opposite side of the lot from the designated front setback.

Setback, side (side setback) means the minimum allowable distance between a structure and the boundary line which is not designated as the front or rear setback of the lot upon which such structure is located. On corner lots, a side setback shall be designated along the lot line bordering a roadway that is not designated as the front setback.

Short-term rental means any dwelling or property, in which the owner may or may not reside, that is available for use or is used for accommodations or lodging of guests, paying a fee or other compensation for a period of less than thirty (30) consecutive days.

Sign means a sign as defined in Section 8-91 of the Village Code, including all restrictions and qualifications contained therein.

Site development plan means drawings, specifications, and documents depicting land use improvements prepared and certified by a qualified architect, engineer, or landscape architect, registered in New Mexico.

Skilled nursing care means services provided to residents of a housing facility or community including as a minimum room, board, living assistance, skilled nursing care and prescribed medical treatment.

Street means a way, right-of-way or easement, whether on public or private land, used or intended to be used for vehicular or non-vehicular travel, but does not include a driveway or similar way designed or created for access to a single property.

Street pull-off means an area adjacent to and contiguous with a street or roadway, demarcated and set aside for the use of vehicles to facilitate the passing of vehicles so as to enhance the flow of traffic and access for emergency vehicles.

Structure means any construction or any production or piece of work consisting of a combination of materials to form an edifice or building of any kind, or a construction for occupancy, use or ornamentation that is installed on, above, or below the surface of the land.

Subdivide means to divide combine or re-divide land as regulated in Village of Corrales Code, Chapter 18, Article III. Subdivisions.

Subdivision means:

(1)

The act of subdividing; or

(2)

The parcel of land subdivided.

Terrón means a cut sod brick as described in Section 14.7.4.10.C of the New Mexico Administrative Code.

Variance means permission granted by the Planning Administrator, Planning and Zoning Commission, or Governing Body as appropriate to depart from the literal requirements of the Zoning Code to allow for reasonable use of a property. [A variance permits deviation from zoning requirements regarding construction and placement, but not from requirements governing use of the property.]

Village Council, see definition for Governing Body.

Warehouse means a structure where raw materials or manufactured goods may be stored before their export or distribution for sale.

Xeriscaping means landscaping in a manner that reduces or minimizes the need for water. Xeriscaping may include, but is not limited to, the use of native and drought-tolerant plants and the use of efficient systems of irrigation.

Zone means a section of the jurisdiction, delineated on the Village zone map to which specific zoning regulations apply.

Zoning Interpretation means a formal, official interpretation of a regulation, definition, or requirement of the zoning code made by the Planning and Zoning Administrator, subject to appeal pursuant to this Article.

(b)

Lighting Definitions.

Accent lighting means any directional lighting that emphasizes a particular object or draws attention to a particular area.

CIE means the Commission Internationale de L'Eclairage, or International Commission on Illumination.

Disabling glare means lighting that impairs visibility and creates a potentially hazardous situation.

Glare means the brightness of a light source sufficient to cause eye discomfort or distraction for an average person not suffering from any visual impairment.

Hood or Shield means an opaque, non-reflective mechanism designed to constrain the radiation of a fixture in a way which does not allow light trespass to occur.

Interior Lighting means a luminaire whose installation is meant to provide lighting primarily for the interior of a building and whose majority of radiant output is confined to the interior space.

Lamp or bulb means that portion of the fixture that produces light by attaching to a socket within the fixture.

Light pollution means excessive or inappropriate artificial light that impacts the ability to see the natural night sky as regulated by the New Mexico "Night Sky Protection Act" NMSA 1978.

Light trespass means light emitted by a luminaire that shines beyond the property on which the luminaire is installed, whether its source is interior or exterior.

Lumen means a unit of light or illumination from a lamp or bulb, as defined by the International System of Units ("SI"). One (1) lumen is the radiant flux emitted over a solid angle of one (1) steradian by a point source having a brightness of one (1) candela. This measures the total amount of visible light emitted from a source so that the unit reflects the varying sensitivity of the human eye to different wavelengths.

Luminaire or fixture means a complete lighting unit, including the lamps or bulbs, as well as the parts that connect to power, the housing that protects the bulbs and parts that distribute the light.

Lux is defined as the calculated value of Lumen per meter squared.

Nuisance glare means light that creates an annoyance or aggravation but does not create a potentially hazardous situation.

Recreational use lighting means lighting devices designed for the purpose of illuminating a playing field so as to allow sports and recreation in the evening hours.

Shielding means that no light rays are emitted by a fixture above the horizontal plane running through the lowest point of the fixture where light is emitted.

Spotlight or floodlight means any lamp that incorporates a reflector or a refractor to concentrate light output into a directed beam in a particular direction.

Unified Glare Rating (UGRs) small source extension means the standardized calculation for determining glare of a small source in a given environment, based on source illumination as compared to background illumination. UGR's shall be measured and calculated using the small source method in CIE 146-147 (2002).

Where L _b is the background illumination in candelas per square meter, L _b shall be taken to be:

Zones A-1, A-2, or H: 0.00438 candelas/meter-squared;

Zones C, M, or O: 0.07 candelas/meter-squared.

UGRs Maximum Value is the calculated glare value which exceeds the following limit: For all properties, the UGRs Maximum Value shall be 15.0 measured at the property boundary.

Watt means a unit of electric power flowing into a lamp or bulb, as defined by the International System of Units ("SI"). One (1) watt is a rate of energy transfer of one (1) joule per second.

History: Ord. No. 220, adopted 10-9-89; Ord. No. 192, § 8-1-5, adopted 11-13-89; Ord. No. 372, adopted 10-28-03; Ord. No. 06-02, adopted 5-23-06; Ord. No. 06-016, adopted 11-28-06; Ord. No. 07-08 § 1, adopted 6-26-07; Ord. No. 08-008, adopted 8-12-08; Ord. No. 08-007, adopted 8-26-08; Ord. No. 09-003, adopted 4-14-09; Ord. No. 09-005, adopted 5-19-09; Ord. No. 10-004, adopted 6-22-10; Ord. No. 10-008, adopted 9-28-10; Ord. No. 12-003, adopted 2-14-12; Ord. No. 12-006, adopted 3-27-12; Ord. No. 13-003, adopted 3-26-13; Ord. No. 17-009, § 1, adopted 8-8-17; Ord. No. 18-002, § 1, adopted 1-23-18; Ord. No. 18-004, adopted 8-8-18; Ord. No. 19-005, §§ 1, 2, adopted 11-12-19; Ord. No. 19-006, §§ 1—3, adopted 12-10-19; Ord. No. 21-04, adopted 6-15-21; Ord. No. 21-06, adopted 8-17-21; Ord. No. 21-06, adopted 1-4-22; Ord. No. 22-01, adopted 3-22-22; Ord. No. 24-15, adopted 10-8-24.