[Amended 11-14-2017 by Ord. No. 294-2017; 12-8-2020 by Ord. No. 317-2020; 12-14-2021 by Ord. No. 324-2021; 12-14-2021 by Ord. No. 324-2021; 6-13-2023 by Ord. No. 335-2023; 11-12-2024 by Ord. No. 354-2024]
As used in this chapter, the following terms shall have the meanings indicated:
AASHTOSee "Association of Amercian State Highway and Transportation Officials."
ABANDONMENT (specific to WCF and WSS)Cessation of use of a wireless support structure for wireless telecommunications activity for at least the minimum period of time specified under this article.
ACCELERATION LANEA speed-change lane for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate to safely merge with through traffic.
ACCENT PLANTA plant with succulent structure and stems, often with spines and without woody growth, and taller than six inches; they are common native plants in the Chihuahuan Desert.
ACCESS LANEA vehicular way located to the rear of lots providing access to service areas, parking, and containing utility easements. Access lanes may be gravel or paved lightly to driveway standards. The streetscape consists of gravel or landscaped edges and is drained by percolation.
ACCESS PERMITA permit for vehicular access off of a County-maintained roadway of an abutting property.
ACCESSORY BUILDINGA building which is on the same lot as a principal building and the use of which is incidental to the use of the principal building.
ACCESSORY DWELLINGA separate, complete unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is either attached or detached from the primary dwelling on the lot.
ACCESSORY EQUIPMENT (specific to WCF and WSS)Any equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
ACCESSORY STRUCTUREAny structure that does not meet the definition of "accessory building," but is located on the same lot and is clearly incidental and subordinate to a principal building or use.
ACTIVE LANDSCAPE FEATUREA landscape element that functions to generate plant growth by utilizing one or more of the following: existing hydrological functions; water harvesting; storing and infiltrating stormwater; erosion control; low water-use native plants; and tree shading. Active landscape features are part of low impact development (LID) and green infrastructure (GI).
ACTIVE OPERATIONSAny human activity that is capable of generating or that generates visible fugitive dust, including bulk material storage, handling, and processing; earth moving; construction, renovation, and demolition activities; and the movement of motorized vehicles on any unpaved roadways and parking areas.
ADASee "Amercians with Disabilities Act."
ADDITIONAn extension or increase in floor area, number of stories or height of a building structure in terms of size coverage, height, length, or gross floor area.
ADJUSTED PEDESTRIAN SHEDA pedestrian shed that has been modified to reflect boundaries of property and existing conditions such as arroyos, thoroughfares, and slopes to create the regulatory boundary of a community type.
ADMINISTRATIVE APPROVALApproval by the Zoning Administrator or after administrative review and compliance with this chapter.
ADTSee "average daily traffic."
ADULT ENTERTAINMENTA use consisting of one or more of the following:
A. An establishment that provides amusement or entertainment that is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas;
B. An establishment that features topless dancers, exotic dancers, strippers, male or female impersonators, or similar entertainment;
C. A book or video store having a substantial or significant portion of its trade in books, magazines, periodicals or other materials that are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas; or
D. A theater used exclusively or primarily for presenting material distinguished or characterized by specified sexual activities or specified anatomical areas for observation by persons 18 years of age or older on the premises.
AFFORDABLE HOUSINGHousing where the homeownership market applies to households or individuals earning 60% or less than the area median income (AMI). Affordable housing is defined in more detail in the adopted Doña Ana County Affordable Housing Plan 2015 (Resolution No. 2015-64) and the Affordable Housing Program (Ordinance No. 280-2015).
AGENTA person or persons legally empowered to act for another.
AGGRIEVED PERSON OR PARTYA person or party who can demonstrate a specific personal or legal interest, as distinguished from a general interest, who has been or is likely to be specifically and injuriously affected by a final decision.
AGRICULTURAL ANIMALSAnimals considered accessory to agricultural use, whether used for personal enjoyment or for commercial purposes, including horses, mules, burros, sheep, cattle, rabbits, chickens, ducks, geese, pigs, goats, ostrich, emu, or rhea.
AGRICULTURAL PACKAGING AND WAREHOUSINGA facility used for the storing, sorting, cleaning, sacking, or transshipment of agricultural products; does not include processing functions. "Sorting and cleaning" means handling to the generally recognizable minimum level of marketability, for on-site farm operations only
AGRICULTURAL PROCESSING FACILITYA facility used for the cooking, freezing, dehydrating, refining, bottling, canning or other treatment of agricultural products that changes the naturally grown product for consumer use; may include warehousing and packaging as secondary uses, for on-site farm operations only.
AGRICULTURAL STORMWATER RUNOFFAny stormwater runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR 122.24.
AGRITOURISM (see also Outdoor Recreational Event)A form of commercial enterprise that links agricultural production and/or processing with tourism to attract visitors onto a farm, ranch, or other agricultural business for the purposes of entertaining and/or educating the visitors and generating income for the farm, ranch, or business owner.
AIRPORTSAny area of land that is used or intended for the use of landing and taking off of aircraft; and appurtenant areas that are used or intended for use by airport buildings or other airport facilities or rights-of-way located thereon.
ALLEYAn access lane, generally of an urban character, that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
ALTERNATIVE SITE DESIGNDesign, construction, and engineering practices that use natural features of the landscape with bio-engineered solutions (e.g., infiltration and water storage), to treat, manage, and control stormwater on-site.
AMERICANS WITH DISABILITIES ACT (ADA)The 1990 federal civil rights law that prohibits discrimination on the basis of disability. This law dictates specific levels of compliance for both the public sector (Title II: State and Local Governments) and the private sector (Title III: Public Accommodations).
ANTENNA (specific to WCF and WSS)Communications equipment that transmits, receives or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
APARTMENTA part of a multifamily housing unit consisting of a room or rooms intended, designed, or used as a residence by an individual or a single family.
APPEALFormal process initiated by an aggrieved party to seek a review of the following:
A. A decision made by the Zoning Administrator;
B. A decision made by the P&Z; or
C. A decision made by the BOCC.
APPLICANTA property owner or any person or entity acting as an agent for the property owner in an application for a development proposal, permit, or approval.
AQUACULTUREThe breeding, rearing, and harvesting of aquatic plants and animals in all types of water environments including ponds, rivers, lakes, in natural or man-made features. Aquaculture utilizes controlled conditions to produce various species of fish, shellfish, plants and other aquatic organisms. Aquaculture serves a variety of uses including research and fish food production. Also known as "aquafarming."
ARCHITECTURALLY INTEGRATED (specific to WCF and WSS)A facility that is visually blended into the landscape or existing vertical infrastructure, by means of design, placement, height, size and/or treatment, so not readily apparent to a casual observer as a wireless communications facility.
AREA OF NOTICEAn area, generally measured as a radius, surrounding property in which property owners are advised of a land use action that requires public notification. See Article
II for area of notice requirements.
ARROYOA clearly defined natural channel formed by the passage of water and subject to flash flooding during seasonal or irregular rainfall events. Also a dry wash or draw through which water flows only occasionally.
ARTERIALSOne of the following:
A. Principal arterials that provide higher-speed travel and mobility for long-distance trips. These roads function within the region or community to carry large volumes of traffic to minor arterials and collector routes. Access may be limited by medians.
B. Minor arterials serve a mobility function for longer-distance trips but handle moderate volumes of traffic at moderate speeds. Minor arterials provide connections to collector routes, which serve communities and local areas. Access from some major traffic generators is allowed to minor arterials.
AUCTION YARDA place in which the public may consign livestock for sale by auction open to public bidding.
AVERAGE DAILY TRAFFIC (ADT)The total volume of traffic passing a given point or segment of a road facility, in both directions, during a twenty-four-hour period. It is commonly obtained during a given time period, in whole days greater than one day and less than one year, divided by the number of days in that time period.
AWNING SIGNLettering or graphics on valance or canopy of an awning.
BAND SIGNA band of text or graphics across the width of a building.
BASE FLOOD ELEVATION (BFE)The elevation shown on the Flood Insurance Rate Map for special flood hazard areas that indicates the water surface elevation resulting from a flood that has a one-percent chance of equaling or exceeding that level in any given year.
BASE STATION (specific to WCF and WSS)A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.
BED-AND-BREAKFASTA residence built expressly for, or converted to, the rental of one to six rooms to paying guests and providing breakfast to paying guests on a daily or weekly basis. The residential appearance of the structure is maintained, and the owner resides on the lot. This definition does not include a hotel, motel or boardinghouse.
BEDROCKSolid rock underlying unconsolidated surface materials or appearing at the surface where these are absent.
BERMA bank or mound of earth, used especially as a water barrier.
BEST MANAGEMENT PRACTICE (BMP)Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the MS4 and waters of the U.S. BMPs also include treatment requirements, operating procedures, and practices to control fugitive dust, site runoff, spillage or leaks, sludge or waste disposal, drainage from raw material storage, and other site development work that optimizes resources.
BFESee "base flood elevation."
BICYCLE LANE (BIKE LANE)A separate path or a portion of a roadway that has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicycles (AASHTO).
BILLBOARD or BILLBOARD SIGNA large flat surface or board mounted on a prominent structure, typically located in high-traffic areas and used for advertising or other communication to be read from a moving vehicle.
BIO-RETENTION AREASThe use of vegetation and soils to clean, slow, and infiltrate and/or store stormwater runoff.
BIO-SWALESVegetated, shallow, landscaped depressions designed to capture, treat, and infiltrate stormwater run-off as it moves downstream.
BLADE SIGNA small, pedestrian-oriented sign that projects perpendicularly from a structure such as a bracket and which is hung from the fascia above ground-floor doors and windows.
BLOCKThe aggregate of private lots, passage, rear alleys and rear lanes, bounded by thoroughfares.
BLOCK FACEThe side of a block, extending between its lateral lot lines.
BOARDING HOUSEA residential dwelling unit with two or more rooms that are rented or intended to be rented independently.
BOCCSee "Board of County Commissioners."
BORROWExcavating material from borrow pits or areas selected by the contractor, when sufficient quantities of suitable material are not available from other excavations, and disposing of all excavated borrow material as specified and in conformity with the lines, grades, and dimensions shown on the drawings, or as directed by the Engineer. The widening of roadway cuts and ditches will be considered as general excavation, and not as borrow.
BOULEVARDA divided thoroughfare designed for high vehicular capacity and moderate speed, traversing a built-up area.
BUFFERAn area of land inside a property serving as a screen, using walls, fencing, berms, or a combination of the above with vegetation. Buffering visually separates new development from an adjacent property or roadway, and mitigates negative impacts; it can be a part of LID and GI practices such as water harvesting.
BUILDINGAny structure that is enclosed by means of walls and a roof, generally intended for use as a working, storage or dwelling place.
BUILDING HEIGHTThe height of a building counted in stories for development intensities or measured in feet for use zones.
BUILDING PERMITAn approval that allows an applicant to proceed with a construction or remodeling project. A building permit shall not be issued unless the construction plans comply with applicable standards for land use, zoning, construction and minimum building and fire code requirements.
BULK MATERIALAny solid material capable of releasing fugitive dust when stored or handled (i.e., sand, gravel, soil, rock aggregate and any other inorganic or organic matter).
CALIPERDiameter of a tree trunk measured six inches to 12 inches from the ground.
CAMPGROUND, developedA campground with two or more camping sites, accessible by vehicle travel where sites are substantially developed and tables, refuse containers, flush toilets, bathing facilities, and water are provided.
CAMPGROUND, primitiveA campground accessible by vehicle, walking, pack-in where no facilities are provided for the comfort or convenience of the campers.
CAMPGROUND, semi primitiveA campground accessible only by walk-in, pack-in, equestrian, or motorized vehicles where rudimentary facilities (privies and/or fireplaces) may be provided for the comfort and convenience of the campers.
CAMPGROUND, semi-developedA campground with two or more camping unit sites, accessible by vehicle traffic. Roads, facilities (toilets and/or privies are provided).
CAMPSITEAny plot of land within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper.
CANALA man-made ditch or channel that carries water for purposes other than domestic consumption.
CANNABISAll parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent on a dry weight basis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and does not include:
A. The mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination; or
B. The weight of any other ingredient combined with cannabis products to prepare topical or oral administrations, food, drink or another product.
CANNABIS COURIERA licensed person that transports cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers.
CANNABIS CULTIVATIONAny activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
CANNABIS ESTABLISHMENTA cannabis testing laboratory, cannabis manufacturer, cannabis producer, cannabis retailer, cannabis research laboratory, or cannabis microbusiness.
CANNABIS EXTRACT[Added 12-14-2021 by Ord. No. 324-2021]A. A product obtained by separating resins, tetrahydrocannabinols or other substances from cannabis by extraction methods approved by the division; and
B. Does not include the weight of any other ingredient combined with cannabis extract to prepare topical or oral administrations, food, drink or another product.
CANNABIS INDUSTRYA licensed person that: (1) cultivates cannabis plants; (2) has unprocessed cannabis products tested by a cannabis testing laboratory; (3) transports unprocessed cannabis products only to other cannabis establishments; (4) sells cannabis products wholesale; (5) manufactures cannabis products; (6) packages cannabis products; (7) has cannabis products tested by a cannabis testing laboratory; (8) purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments; or (9) a cannabis industry facility may include a small-scale accessory retail area.
CANNABIS MANUFACTURETo compound, blend, extract, infuse, package or otherwise prepare a cannabis product.
CANNABIS MANUFACTURERA licensed person that: (1) manufactures cannabis products; (2) packages cannabis products; (3) has cannabis products tested by a cannabis testing laboratory; or (4) purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.
CANNABIS MICROBUSINESSA licensed person that is authorized to conduct one or more of the following: (1) production of cannabis at a single licensed premises; provided that the person shall not possess more than 200 total mature cannabis plants at any one time; (2) manufacture of cannabis products at a single licensed premises; (3) sales and transportation of only cannabis products produced or manufactured by that person; (4) operation of only one retail establishment; and (5) couriering of cannabis products to qualified patients, primary caregivers, reciprocal participants or directly to consumers.
CANNABIS MICROBUSINESS PRODUCERA cannabis producer at a single licensed premises that cultivates and possesses no more than 200 total mature cannabis plants at any one time.
CANNABIS PRODUCERA licensed person that: (1) cultivates cannabis plants; (2) has unprocessed cannabis products tested by a cannabis testing laboratory; (3) transports unprocessed cannabis products only to other cannabis establishments; or (4) sells cannabis products wholesale.
CANNABIS RESEARCH LABORATORYA licensed facility that produces or possesses cannabis products and all parts of the plant genus Cannabis for the purpose of studying cannabis cultivation, characteristics or uses.
CANNABIS RETAILERA licensed person that sells cannabis products to qualified patients, primary caregivers, reciprocal participants or directly to consumers.
CANNABIS TESTING LABORATORYA licensed person that samples, collects and tests cannabis products and transports cannabis products for the purpose of testing.
CANOPYA permanent structure or architectural projection of ridged construction over which a covering is attached that provides weather protection, identity or decoration. A canopy is permitted to be structurally independent or supported by attachment to a building on one or more sides.
CANOPY, temporaryA roof like cover, including an awning, that projects from the wall of a building over a door entrance, or window; or a free standing or projecting cover above an outdoor service area.
CARETAKER, child/adultA person residing in the home where a child/adult care facility operates, whose duties include but are not limited to direct care, supervision, and guidance.
CATCHMENTThe area designated to collect stormwater runoff.
CDDSee "Community Development Department."
CFRSee "Code of Federal Regulations."
CGPSee "NPDES General Permit for Discharges from Construction Activities."
CHANNELA natural or artificial watercourse, including arroyos, streams, swales, ditches and diversions, with a definite bed and banks that conveys flowing water continuously or periodically.
CHARACTERThe image and perception of a property, neighborhood or community defined by its built environment, such as natural features, density, land uses, pattern of development and similar features.
CHEMICAL SOIL STABILIZATION/SUPPRESSIONA method of dust control implemented by any person to mitigate PM10 emissions by applying asphaltic emulsions, acrylics, adhesives, or any other approved materials that are not prohibited for use by the New Mexico Environment Department, the U.S. Environmental Protection Agency, or any other law, rule, or regulation.
CHICANEOffset curb extension on residential, commercial, and low-volume streets resulting in slower traffic speeds with possible environmental functions.
CHIHUAHUAN DESERTAn arid North American ecoregion, the Chihuahuan Desert is shrubland and desert grassland, often high elevation and in the watersheds of mountains, with a drier cool season and a wetter late summer monsoon. The Chihuahuan Desert lies mostly in Mexico, with portions extending into the southwest United States, and it includes all of Doña Ana County.
CIVIC SPACEAn indoor or outdoor area dedicated for community use.
CLEAN WATER ACT (CWA)The Federal Water Pollution Control Act originally enacted in 1948, amended numerous times, including substantial amendments called the Federal Water Pollution Control Act Amendments of 1972 and the Water Quality Act of 1987, and other subsequent amendments collectively known as the Clean Water Act (CWA). The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the U.S. and regulating quality standards for surface waters. See 33 U.S.C. § 1251 et seq.
CLEAR SIGHT TRIANGLE(E.g., site visibility triangle.) Specified areas along intersection approach legs and across their included corners that are to be clear of obstructions which might block a driver's view of potentially conflicting vehicles, as defined by AASHTO's Geometric Designs of Highways and Streets (AASHTO Green Book, 2004, or most current edition).
CLINICAn establishment where patients are not lodged overnight but are admitted for outpatient services.
CO-LOCATION (specific to WCF and WSS)The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.
CODE OF FEDERAL REGULATIONS (CFR)The codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. All references to "CFR" are to specific parts, sections, tables, or appendices of the Code of Federal Regulations, as amended.
COLLECTORA roadway that serves as a connection between two or more minor thoroughfares and a major thoroughfare. A collector serves large subdivisions and should be designed so that no residential properties face onto it.
COMMENCEMENT OF CONSTRUCTION ACTIVITIESThe initial disturbance of soils associated with clearing, grading, or excavating activities or other construction-related activities (e.g., stockpiling of fill material).
COMMERCIALAny land use or activity conducted for financial gain through the sale of goods and services, including industrial uses.
COMMERCIAL DISPLAYThe permanent or temporary display of goods and signage for rentals, sales, or contract sales of goods or services outside of a building.
COMMERCIAL FEED LOTAny tract on which the principal use is the raising of, or the concentrated feeding of, livestock, fowl, or any other edible animals, the sale of such animals or the sale of products derived from such animals; does not include dairies.
COMMON DESTINATIONAn area of focused community activity that may include, without limitation, one or more of the following: a civic space, a commercial center, or a transit station, and may act as the social center of a neighborhood.
COMMON PROMOTIONAL PLANA plan or scheme of operation, undertaken by a single individual or subdivider or a group of individuals or subdividers acting in concert, to offer for sale or lease parcels of land where the land is either contiguous or part of the same area of land or is known, designated or advertised as a common unit or by a common name
COMMUNITYAn area within the County that may consist of a variety of neighborhoods and/or land uses that is self-identified by residents of the area.
COMMUNITY BUILDING, PRIVATEA place where people from a particular community, neighborhood or subdivision meet for social, educational, or recreational activities used strictly for those residents and their families.
COMMUNITY BUILDING, PUBLICA place where people meet for social, educational, or recreational activities, whose participation or attendance is not limited by residence or membership, typically owned and operated by a governmental entity.
COMMUNITY CENTERA place, structure, area or building used as a place of meeting, for recreation, or social activity, and generally open to the public.
COMMUNITY GARDENA piece of land cultivated by a group of people, utilizing either individual or shared plots on private or public land; excludes the cultivation of cannabis.
COMMUNITY SOLAR FACILITYA facility governed by the 2021 New Mexico Community Solar Act, as amended, that generates, and may store, electricity by means of a solar photovoltaic device; subscribers to the facility receive a bill credit for the electricity generated in proportion to the subscriber's share of the facility's kilowatt-hour output.
COMMUNITY TYPEA regulatory category that defines the physical form, density, character, and extent of a new development or community. These include small village, village, town, general neighborhood, and urban center.
COMMUNITY, COMMERCIALA parcel of land used for shopping or services generally serving an area of several neighborhoods in a given community.
COMPACTIONThe process in which a stress applied to a material/soil causes densification as air is displaced from the pores between the soil grains.
CONCEALED WIRELESS FACILITY (specific to WCF and WSS)Any wireless facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the facility or wireless support structure is not readily apparent to a casual observer.
CONCEPTUAL SITE PLANA scaled drawing that provides a general concept of what is proposed to be developed on a site.
CONDOMINIUM (CONDO)A single unit in a multiunit dwelling or structure that is separately owned and which may be combined with an undivided interest in the common areas and facilities of the property.
CONSTRUCTIONThe act of breaking ground or erecting a building or structure as defined elsewhere in this section.
CONSTRUCTION ACTIVITYAny activity that:
A. Disturbs equal to or greater than one acre of total land area;
B. Disturbs less than one acre of total land area but is part of a larger common plan of development that will ultimately disturb equal to or greater than one acre of area.
CONSTRUCTION PLANSThe maps or drawings accompanying an application for a building permit or subdivision plat that show the specific location and design of improvements to be installed on a property or subdivision in accordance with the requirements of this chapter.
CONTIGUOUSAt least one boundary line of one lot touching a boundary line or lines of another lot.
CONTINUUM OF INTENSITYAn array of conditions ranging from the rural to the urban and used in this chapter, by arranging development intensities or zones within that range. These development intensities and zones describe the physical form and character of a place, according to the intensity of its land use and urbanism.
CORRIDORA street or roadway identified as a principle link or gateway and adjacent land uses within the County.
COUNTYThe County of Doña Ana, New Mexico, or Doña Ana County staff and/or administration.
COUNTY CLERKThe elected Clerk of the County of Doña Ana, New Mexico, or the Clerk's authorized representative.
COURT YARDAn uncovered area partly or wholly enclosed by buildings or walls and used primarily for supplying access, light, and air to abutting buildings.
CRITICAL ROOT ZONE (CRZ)A circular area centered on the trunk of an existing tree that has a radius of 12 inches to every inch of diameter at breast height (DBH) of the tree.
CROWNThe cross slope or difference in elevation between the high and low point of a cross section of a street normally measured from center line to edge of pavement or gutter line.
CRZSee "critical root zone."
CUL-DE-SACA thoroughfare (other than an alley) that terminates in a vehicular turnaround.
CURB CUTA keyed section void in the curb to allow the passage of stormwater flow from impervious surfaces (e.g., streets) to pervious surfaces (e.g., rain gardens).
CURB RETURNA curved segment of curb used at each end of an opening in the roadway.
CWASee "Clean Water Act."
DAIRYAn area of land on which cows are kept for the purpose of producing dairy products in commercial quantities, as well as the related buildings, equipment and processes.
DAYCAREA commercial use for the daytime care of people who cannot be left to their own devices, such as children or the elderly.
DECELERATION LANEA speed-change lane for the purpose of enabling a vehicle to slow to a safe turning speed when exiting a roadway.
DEDICATED RIGHT-OF-WAYA public right-of-way that is dedicated and accepted by the BOCC for public use and is recorded as such in the Office of the County Clerk.
DEGRADE A BODY OF WATERThis definition applies only to water quality, liquid and solid waste disposal guidelines. To reduce the physical, chemical, or biological qualities of a body of water. It includes the release of material which could result in the exceeding of standards established in the Water Quality Standards for Interstate and Intrastate Streams, by the Water Quality Control Commission Regulations, and by the Drinking Water Regulations.
DENSITYThe number of families, persons, or housing units per unit of land.
DESIGN FLOWThe liquid waste flow rate for which a liquid waste system must be designed in order to assure acceptable system performance. It is generally governed by regulations, standards, codes, and accepted references.
DESIGN SPEEDThe velocity at which a thoroughfare tends to be driven without the constraints of signage or enforcement. There are four ranges of speed: very low (below 20 mph), low (20 to 25 mph), moderate (25 to 35 mph) and high (above 35 mph).
DEVELOPERAny person creating, or having created, a subdivision individually or as part of a common promotional plan, or a person improving a property, or any person engaged in the sale or lease of subdivided land which is being sold or leased by the owner in the ordinary course of business; however, the term "developer" does not include any duly licensed real estate broker or salesperson not acting on personal account.
DEVELOPMENTFor the purpose of determining the applicability of the zoning provisions contained within this chapter, "development" means the construction or property improvement, either of which results in a change of land use or character of the property, or the subdivision of land, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DEVELOPMENT AGREEMENTA contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval — the development will not be subject to subsequent changes in regulations. Development agreements should also benefit the local jurisdiction. The County may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system-wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and local jurisdiction.
DEVELOPMENT INTENSITYThe degree to which land is used for community types; refers to levels of concentration or activities in use in a gradient of light, medium, and high intensity.
DEVELOPMENT PERMITA permit is required to construct or for property improvement, either of which results in a change of land use or character of the property. Individuals must obtain a permit from the Floodplain Administrator.
DEVELOPMENT REVIEW COMMITTEE (DRC)A committee consisting of the Directors of Utilities, the Flood Commission, Community Development, the County Fire Chief, and the County Engineer. The purpose of the DRC is to review development proposals, deviation of development standards, and provide a recommendation to the appropriate decision-making body.
DISCHARGEAny addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the municipal separate storm sewer system, channels, watercourses, water, or waters of the U.S.
DISCHARGERAny person who causes, allows, permits, or is otherwise responsible for a discharge, including, without limitation, any operator of a construction site.
DISCLOSURE STATEMENTA statement required to be given to persons acquiring an interest in subdivided land; this statement must comply with the requirements of NMSA 1978, § 47-6-17 and Appendices I and J.
DISTURBED AREAAny land surface area in which the soil will be altered by grading, leveling, scraping, cut-and-fill activities, excavation, brush and timber clearing, grubbing, and unpaved soils on which vehicle operations and/or movement will occur or has occurred.
DITCHESA channel made on or in the ground for draining or irrigating land.
DOMESTIC SEWAGEHuman excrement, gray water (from home clothes washing, bathing, showers, dish washing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences free from industrial waste, such as commercial enterprises.
DRAINAGEThe natural or artificial removal of surface and sub-surface water from an area.
DRAINAGE CHANNELAny depression into which stormwater flows along a defined course.
DRAINAGE MAINTENANCE AGREEMENTAn agreement signed by a property owner defining the property owner's responsibilities for maintaining all elements of the drainage system.
DRAINAGE PLANA plan indicating the existing storm drainage conditions of a proposed development and how the increased run-off generated by the proposed development will be handled.
DRCSee "Development Review Committee."
DRIVEA thoroughfare along the boundary between a built-up and a natural condition, usually along a waterfront, park, or promontory. One side has the character of a thoroughfare, with sidewalk and building, while the other has the qualities of a road or parkway, with naturalistic planting and rural details.
DRIVEWAYA point of vehicular access between a right-of-way or easement and an abutting property.
DRIVEWAY WIDTHWhen measured at the lot line, the length parallel to the traveled way. When measured in the private frontage, the narrowest dimension across a driveway measured perpendicular to the direction of travel.
DRY UTILITIESUtilities including electric, gas, telephone, fiber optics, and cable.
DUPLEXA residential building with two attached dwelling units each of which has direct access to the outside.
DUST GENERATING OPERATIONAny activity, process, or project capable of generating fugitive dust, including activities associated with creating a disturbed area.
DUST SUPPRESSANTAny water, hygroscopic material, or nontoxic chemical stabilizer used as a treatment to reduce visible fugitive dust emissions. Dust suppressant uses, concentrations, and application frequencies shall be as recommended by the manufacturer and shall not violate this chapter.
DWELLING UNITAny structure or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation.
DWELLING UNIT, efficiencyA dwelling unit where all permanent provisions for living, sleeping, eating and cooking are contained in a single room.
EARTHWORKThe excavation, grading, filling or any other alteration of the contour, topography or natural cover of land.
EASEMENTA nonpossessory interest held by one person, party, or entity in land of another, whereby that person is accorded partial use of such land for a specific purpose. An easement restricts, but does not abridge, the right of the fee owner to the use and enjoyment of this land. A road easement shall be considered a private road and shall not be maintained by the County.
ECOREGIONAn area of interdependent geography, climate, plants, and wildlife, which is unique from other ecoregions, including those adjacent.
ECPSee "erosion control plan."
EDGE OF A WATERCOURSE, CANAL OR ARROYOThat point of maximum curvature at the upper edge of a definite bank or, if no definite bank exists, the highest point where signs of seasonal high water flow exist.
ELEVATIONAn exterior wall of a building not along a frontage line. See "facade."
ELEVATION CERTIFICATEA certificate issued by the County Floodplain Administrator in order to obtain the elevation of the lowest floor (including basement) of all new and substantially improved buildings. It is to be used to provide elevation information necessary to ensure compliance with community floodplain management ordinances, to determine the proper insurance premium rate, and to support a request for a letter of map amendment or revision (LOMA or LOMR-F). See also Chapter 207, Flood Damage Prevention.
ELIGIBLE FACILITIES REQUEST (specific to WCF and WSS)A request for modification of an existing wireless tower or base station that involves co-location of new transmission equipment or replacement of transmission equipment but does not include a substantial modification.
EMBANKMENTAn earthen or artificial mound raised above immediately adjacent land.
EMERGENCY SERVICESPolice, fire or ambulance services, in addition to other services which stem from circumstances which pose a threat to life or property and require immediate attention.
ENCROACHMENTTo extend across and into the limits of rights-of-way, parkways, surrounding properties, or above a height limit. When not specifically permitted by this chapter, encroachment is synonymous with infringement, invading, trespassing or intruding.
ENGINEERA person who is engaged in the practice of engineering and is qualified to so practice as attested by a legal registration as a professional engineer in the State of New Mexico. When used in connection with the requirements of this chapter, an engineer has a legal registration permitting him or her to fulfill the requirements.
ENGINEERED WETLANDIntegrated system of water, plants, animals, microorganisms, and the environment.
ENVIRONMENTALLY SENSITIVE AREA (ESA)A geographic area providing key ecological functions, which may also contain natural, scenic and/or cultural features of such significance, that warrants their conservation in a comprehensive manner.
EPASee "U.S. Environmental Protection Agency."
EPHEMERAL FLOWA briefly occurring flow of water that occurs following rainfall in close proximity.
EROSIONThe dislodging and transport of soil particles, or mass movement of soil (mass wasting) by water, wind, gravity or other mechanical means.
EROSION CONTROLTreatment measures for the prevention of damages due to soil movement from wind, water, gravity, or mechanical means.
EROSION CONTROL PLAN (ECP)A written description of all best management practices to be implemented at a work site and/or in transit to and from a work site for any earth moving, construction, or potential dust-generating operation. Such written description may be incorporated into construction plans, or a separate document submitted with said plans.
EVENT CENTERA public or privately owned structure or area used for purposes of public performances, sporting events, private receptions or parties, or similar attractions that may generate moderate to heavy traffic. Entertainment facilities may include concert halls, stadiums, sports arenas, racetracks, rodeo arenas.
EXCAVATIONThe removal of earth material by artificial means; also referred to as a "cut." May be further defined by referenced construction specifications.
EXISTING STRUCTURE (specific to WCF and WSS)A wireless support structure, erected prior to the application for an eligible facilities request, co-location or substantial modification under this chapter, which is capable of supporting the attachment of wireless facilities. The term includes, electrical transmission towers, buildings, and water towers. The term shall not include any utility pole.
EXOTIC PLANTA plant species not considered native, which may or may not be adapted to the built and desert environments. Such a plant may be included in, or fulfill, required landscaping, if not invasive and negative characteristics are unlikely. Refer to Appendix X, Plant List, Recommended, and Appendix Y, Plants, Prohibited or Not Recommended.
EXPANSION OF EXISTING USEExpansion of existing use shall be construed as an expansion of building square footage, a zone change that allows a higher use of the property, expansion of parking area or expansion of outdoor storage area.
FACADEThe exterior wall of a building that is set along a frontage line. See "elevation."
FAIR HOUSING ACT (FHA)The Fair Housing Act of 1968, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and disability.
FALL ZONE (specific to WCF and WSS)The area within a determined radius referred to as the potential fall radius, in which a wireless support structure may be expected to fall in the event of a structure failure, as certified by a registered New Mexico professional engineer.
FAMILYOne or more persons living together in a single dwelling unit as a family or the functional equivalent of a family.
FARMING AND RANCHINGAny use of land for the growing and harvesting of crops, the open-range grazing of livestock, or irrigated pasture for grazing livestock for sale or profit, or uses that are directly ancillary to these on- farm scalable activities, which is the exclusive or primary use of the lot.
FARMLAND/RANGELANDConsist primarily of open lands used for agriculture or the raising of livestock.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)The federal agency under which the National Flood Insurance Program (NFIP) is administered. In March 2003, FEMA became part of the newly created United States Department of Homeland Security.
FEMASee "Federal Emergency Management Agency."
FENCE(E.g., fencing.) An enclosure or barrier used as a boundary, means of protection, or privacy. Fencing is constructed of open or solid materials, permitting some amount of light, visibility, and/or air movement. Fences are not considered an expansion of use.
FENCE AT AN ALLEYA fence generally in proximity to and parallel to a rear alley or rear lane.
FHASee "Fair Housing Act."
FILLDeposition of earth materials by artificial means.
FINAL PLATA survey plat prepared by a professional surveyor licensed to practice in the State of New Mexico which contains a description of the subdivided land with ties to permanent monuments prepared in a form suitable for filing of record, meeting the requirements of this chapter.
FINAL STABILIZATIONThe covering of areas, exclusive of permanent structures, by vegetation or nonvegetation methods, such that the site is protected from erosion.
FIRE DEPARTMENTThe County Fire Chief or Fire and Emergency Services Department, or any duly authorized representative thereof.
FIRE LANEAny area appurtenant to a building deemed necessary by the County Fire Chief or his/her designee to remain free and clear of parked vehicles for access to such building in case of fire or other emergency and designated by him as such; may include sidewalks, driveways, portions of parking lots or any other area adjacent to or near a building or fire hydrant, as required by the County Fire Chief.
FIRMSee "Flood Insurance Rate Map."
FLAG LOTA lot having the configuration of an extended flag and pole. The flag represents the width of a lot suitable for a principal building and front setbacks conforming to the zoning district. The pole represents the portion of the lot that serves as the access from the flag to a thoroughfare.
FLOODA general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder's property) from overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters from any source; mudflow; or collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above.
FLOOD CONTROLThe measures necessary or taken to protect the public's health, safety or welfare from the effects of flooding.
FLOOD INSURANCE RATE MAP (FIRM)The official map of a community on which FEMA has delineated both the special hazard areas and the risk-premium zoning districts applicable to the community.
FLOODPLAINAny area susceptible to flooding by water from storm runoff as designated on the Flood Insurance Rate Map (FIRM) prepared by the United States Department of Housing and Urban Development, or similar maps prepared by the United States Army Corps of Engineers, Federal Emergency Management Agency (FEMA) or other similar agency or per the Flood Commissioner's designation based on findings of fact.
FLOODWAYA watercourse channel and that portion of the adjoining floodplain required to provide for the passage of a one-hundred-year flood.
FOOD HANDLER'S CARDFood employees are persons who handle food, utensils, and food contact surfaces. A certificate is required for all food employees who are involved in the preparation, storage, or service of food in a food facility obtained through State of New Mexico Health and Environment Department.
FOOD TRUCKSMotorized vehicles with on board power, refrigeration, food preparation facilities, and usually room for two to four employees, which are mobile food units and are not site-specific vendors.
FOURPLEXA residential building with four attached dwelling units each of which has direct access to the outside.
FREESTANDING SIGNAny non-movable sign not affixed to a building that is not a portable sign.
FRONT SETBACKThe distance from the primary frontage at which a building or streetscreen must be located. It is generally indicated by a range of distances from the frontage line.
FRONTAGEThe area between a facade and the vehicular lanes, including both built and planted components. Frontage is divided into private and parkway.
FRONTAGE BUILDOUTThe percentage of the lot width that is occupied by a facade at the front setback.
FUGITIVE DUSTAny particulate matter entrained in the ambient air that is caused from human or natural activities without first passing through a stack or duct designed to control flow, including, emissions caused by movement of soil, vehicles, equipment, windblown dust, or other human or natural activities. Excluded particulate matter includes matter emitted directly from the exhaust of motor vehicles, or from other combustion devices, portable brazing, soldering or welding equipment, and pile drivers.
FURNISHING ZONEThe area of the parkway assembly that is available for street furniture such as benches, wastebaskets, and newspaper boxes.
GARAGEA building or portion thereof other than a private storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE AND YARD SALESAn informal event for the sale of used goods by private individuals, in which sellers are not required to obtain business licenses or collect sales tax.
GARBAGEAny animal or vegetable waste that is liable to decompose or rot resulting from the handling, preparation, cooking or consumption of foods, offal, scum, dregs, sediment, sweepings, trash, debris, remains, or dross.
GISee "green infrastructure."
GLAMPINGA form of camping involving accommodation and facilities more luxurious than those associated with traditional camping.
GLAREA degree of luminance caused by direct light or reflection.
GRADINGAny excavation or fill or combination thereof, including clearing and grubbing.
GRADING PERMITA permit to excavate or fill or a combination thereof, including clearing and grubbing of land for the construction and development of permitted buildings or structures, or to conduct other legal land uses.
GREEN INFRASTRUCTURE (GI)An approach to water management that protects, restores, or mimics the natural water cycle. GI includes the physical and biological processes found in each ecoregion's natural landscape, informing low-impact development and water harvesting.
GREEN, CIVIC SPACEA civic space type for unstructured recreation, spatially defined by landscaping rather than building frontages.
GROUND COVERAny combination of mulch, low plants, seeding, or turf used to prevent weeds and minimize erosion, but shall not include artificial turf, asphalt, concrete, or bare soil.
GROUNDSETA manufactured home that is placed on a permanent foundation that is installed according to the manufacturer's specifications,
GROUNDWATERThis definition applies only to water quality, liquid and solid waste disposal guidelines. Interstitial water which occurs in saturated earth material. It is capable of entering a well in sufficient amounts to be utilized as a water supply.
GROUP HOMEA dwelling unit where five or fewer unrelated people in need of care, support, or supervision can live together.
GRUBBINGThe removal of stumps and roots.
HARDSCAPEThe impervious portion of a landscape area, including shade structures, walls, paving, and water features.
HARMFUL QUANTITYDischarges of any substance in a quantity determined to be harmful to the public health, public welfare, or the environment.
HEAVY INDUSTRIAL USEManufacturing or other enterprises that pose significant risks due to the use or storage of explosives or radioactive materials, or of poisons, herbicides, or other hazardous materials in reportable quantities under the standards of the Environmental Protection Agency.
HHWSee "household hazardous waste."
HIGH WIND CONDITIONSOn-site average wind speed greater than 15 miles per hour, gusts of 20 miles per hour, or an active wind advisory issued by the National Weather Service for Doña Ana County.
HIGHWAYA rural and suburban thoroughfare of high vehicular speed and capacity.
HOTELA building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress to and egress from all rooms are made through an inside lobby or office supervised by a person in charge at all times.
HOUSEHOLD HAZARDOUS WASTE (HHW)Any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreational areas) by a consumer which, except for the exclusion provided in 40 CFR 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261.
HYDROLOGICAL FUNCTIONThe natural ability of landscape features to absorb, store, and release intercepted water.
ILLICIT DISCHARGEAny discharge to the MS4 that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the MS4) and discharges resulting from fire-fighting activities.
IMMEDIATE FAMILY MEMBERA husband, wife, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter, grandson, stepgrandson, granddaughter, stepgranddaughter, nephew and niece, whether related by natural birth or adoption.
IMPROVED ROADWAYA road enhanced in value or quality by application of an all-weather surfacing material, including asphalt or cement treated base course, soil cement, double penetration, seal coating, pervious concrete, palliative sprays or an engineered surface design based on traffic loading and drainage, which will impede and reduce dust emissions and protect against potholes and erosion when maintained on a regular basis.
IMPROVEMENTSInfrastructure including streets, curbs, gutters, sidewalks, fire hydrants, storm drainage facilities, bike paths, trails, water, sewer, electric, telephone, cable and gas systems or parts thereof.
INDIVIDUAL LIQUID WASTE DISPOSAL SYSTEMA disposal system that receives liquid waste from one lot and includes septic tank systems and aerobic disposal systems, is subject to the New Mexico Environment Department regulations.
INFRASTRUCTUREFacilities and services needed to sustain industry, residential, commercial and all other land use activities.
INNA lodging expressly for, or converted to, the rental of seven to 12 rooms to paying guests and providing breakfast to paying guests for 14 days or less. The owner or resident manager resides on the lot. This definition does not include a hotel, motel or boardinghouse.
INSTITUTE OF TRANSPORTATION ENGINEERS (ITE)An international educational and scientific association of transportation and traffic engineers and other professionals who are responsible for meeting mobility and safety needs.
INTERMITTENT FLOWAn unsteady flow of water characterized by repeated starts and stops.
INTERSECTIONA point where two or more streets meet or cross.
INVASIVE PLANTA plant species not considered native, which is prohibited from use in landscaping due to strong negative characteristics within the built and desert environment. Such a plant cannot be included in, or fulfill, required landscaping, including if existing on the property. Refer to Appendix Y, Plant List, Prohibited, or Not Recommended.
ITESee "Institute of Transportation Engineers."
JUNKYARDThe use of premises for the open storage of old, wrecked, inoperable, dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof; scrap building materials, scrap contractor's equipment, tanks, cases, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper excelsior, hair, mattresses, beds, or bedding; or any other kind of scrap or waste material.
KENNELA commercial establishment for the breeding, sale, grooming, or boarding of small animals and household pets.
LABORATORYA building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not including facilities for manufacture of products for sale.
LAND DEVELOPMENTThe development of one or more lots by any means and for any purpose, but that does not include easements, rights-of-way or construction of private roads for extraction, harvesting or transporting of natural resources.
LAND USEAny activity that is subject to the regulations of this chapter that is conducted on, below and in the space above the surface of the earth to a height of 500 feet.
LANDSCAPE AREAThe area of a property or parcel, and adjoining right-of-way, which can be used for all required landscaping and plant quantities.
LANDSCAPE TYPELandscaping is categorized based on location within or adjacent to a property and the density of plantings and other landscape treatments, using the following types: general or ornamental landscaping is overall enhancement and beautification of a space; revegetation is replacing disturbance of a space by recreating original grading, drainage and vegetation patterns, including site-specific native plants (also called restoration or reclamation); erosion control addresses potential drainage and erosion issues with a mix of living and non-living covers to better bind the soil, including ponding area slopes and basins; vehicular use area landscaping is general landscaping but applied to unique requirements of parking, parking area driveways, and pedestrians in vehicular areas.
LANDSCAPINGAn area that has been enhanced and/or mitigated through a harmonious combination of introduced, live vegetation, irrigation, and mulch. Landscaping may contain hardscape areas and natural topping materials such as, boulders, rock, stone, granite, other approved material, or existing and naturally occurring live vegetation and site features.
LANEA minor access way that is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
LANE, VEHICULARThe portion of a roadway for the movement of a single line of vehicles, not including the gutter or shoulder of the roadway.
LEASEA contract by which a rightful possessor of real property conveys the right to use and occupy the property in exchange for consideration, usually rent.
LEGAL DESCRIPTIONA metes-and-bounds description of a parcel of land filed in accordance with the requirements of the State of New Mexico and Doña Ana County.
LEGISLATIVE ACTIONSAction by the P&Z or BOCC that reflects public policy relating to matters of a permanent or general character, that is not usually restricted to individual persons or groups and is usually prospective, including, by way of example text amendments that are not quasi-judicial in nature or comprehensive County-wide rezoning.
LESSORA landlord, or any person who leases land or structures to another.
LEVEL OF SERVICE (LOS)Characterizes the operating conditions on the facility in terms of traffic performance measures related to speed and travel time, freedom to maneuver, traffic interruptions, and comfort and convenience.
LICENSED PREMISESThe limits of the structure, enclosed area or tenant space licensed for a cannabis establishment.
LIDSee "low-impact deveopment."
LIGHT INDUSTRIAL USEEnterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from processed or previously manufactured materials and produces minimal if any external effects from the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc.
LIQUID WASTEDomestic wastewater containing human excreta or other water-carried waste.
LIQUID WASTE SYSTEMA system which is designed, constructed, operated, and maintained to receive, treat, and dispose of liquid wastes. It usually consists of collection, treatment, and disposal components.
LIVE PLANT COVERThe percentage of living vegetation, compared to the total area of bare soil and/or mulch or rock cover, in required and provided landscaping and based on mature size and plant area in the plant list.
LIVE-WORKA mixed-use unit consisting of a residential use and a commercial use that is not necessarily incidental to or accessory to the residential use. The commercial use may be anywhere in the unit.
LIVESTOCK PENA place where small and large animals are kept on a seasonal or occasional basis as part of an agricultural enterprise or operation, as distinguished from a stockyard.
LOCAL THOROUGHFAREA thoroughfare whose primary function is to provide access to abutting properties and to other thoroughfares from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes or other utilities.
LOSSee "level of service."
LOTA tract or parcel or a portion of a subdivision or other parcel of land described by metes and bounds, as shown on the records in the County Clerk's office.
LOT COVERAGEThe portion of a lot occupied by impervious surfaces, such as buildings, sheds, enclosures, structures, patios, decks, pavements, driveways, parking areas, walkways or other similar surfaces.
LOT WIDTHThe distance between side lot lines measured across the front yard, parallel to the street or access.
LOW-IMPACT DEVELOPMENT (LID)Development that integrates infrastructure and active landscape features, preserves natural landscape functions and minimizes impervious surfaces, to create functional drainage strategies. LID promotes water capture near the source, and is most effective when considered in a project's predevelopment phases.
MAINTENANCEThe cleaning, shaping, grading and repair of roads, drainage, flood control and erosion control facilities and structures.
MAJOR ARROYOAny channel or watercourse that carries more than 100 cubic feet per second or has a contributing drainage basin of more than 40 acres.
MANDATORYA matter that is required to be as described.
MANUFACTURED HOMEA single-family dwelling with a heated area of at least 864 square feet, and measuring at least 36 feet by 24 feet, constructed in a factory to the standards of the United States Department of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.) and the Housing and Urban Development Zone Code II or the latest Building Code adopted by the County, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter
60, Article 14) and with the regulations made pursuant thereto relating to ground-level installation. A manufactured home is distinct from a mobile home.
MANUFACTURINGEstablishments engaged in the initial processing or treatment of raw materials or creation of products that required additional processing, fabrication, or assembly.
MARQUEE or MARQUEE SIGNA canopy or roof-like projection over the entrance to a theater, hotel, or other building, usually bearing a sign on its face or sides.
MEDIUM INDUSTRIAL USEEnterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses, including compounding, processing, packaging, storage and assembly and/or treatment of material or other enterprises which produce external effects such as smoke, noise, soot, dirt, vibration, odor, etc.
MEETING HALLA building available for gatherings, including conferences.
METROPOLITAN PLANNING ORGANIZATION (MPO)A federally regulated agency responsible for long- and short-range transportation planning and determining air quality conformity for the regional transportation air shed. The two MPOs that have jurisdiction within Doña Ana County are located in Las Cruces, NM and El Paso, TX.
METROPOLITAN TRANSPORTATION PLANThe Mesilla Valley Metropolitan Planning Organization Metropolitan Thoroughfare Plan or the El Paso Metropolitan Transportation Plan, as applicable.
MINOR ARTERIALMinor arterials serve a mobility function for longer-distance trips but handle moderate volumes of traffic at moderate speeds. Minor arterials receive connections from collector routes, which serve communities and local areas. Access from some major traffic generators is allowed to minor arterials.
MIX USE(E.g., mixed use.) Denotes multiple uses within the building, lot, block, or other area to which the term refers.
MOBILE FOOD VENDORAny person who dispenses food or beverages from a food vending vehicle for immediate service and/or consumption.
MOBILE HOMEA structure that meets the definition of a mobile home in the Manufactured Housing and Zoning Act, NMSA 1978, § 3-21A-2, or any future enactment that revises or substantially replaces said Act.
MOBILE HOME PARKA business operation on a single lot on which five or more mobile home spaces are located, either free of charge or for revenue purposes. Such business operations are not considered subdivisions under these regulations.
MODULAR BUILDINGA standardized factory-fabricated transportable building module not having a chassis or wheels of its own, designed and constructed in accordance with all applicable local building codes and intended to be placed on a permanent foundation, meeting all local zoning codes and to be used by itself or incorporated with similar units at a building site. Modular buildings can be used for residential or commercial uses when located in appropriate zoning districts.
MOISTURE CONTENTThe percentage of moisture within the subgrade or embankment material.
MONOPOLE (specific to WCF and WSS)A single freestanding pole-type structure supporting one or more antennas. For the purposes of this section, a monopole is not a tower or a utility pole.
MONUMENT SIGNA low-level freestanding sign supported by a solid base, where poles or supports are hidden or covered.
MOTELA building in which lodging or boarding and lodging are provided and offered primarily to the motoring public for compensation and in which ingress to and egress from all rooms need not be made through an inside lobby or office.
MOTOR VEHICLE FLUIDAny vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
MPOSee "Metropolitan Planning Organization."
MS4See "municipal separate storm sewer system."
MULCHA material covering bare soil to insulate plant roots and conserve moisture for optimal plant growth, or minimize erosion when used with plants. Inorganic mulches are aggregate with mineral composition, including gravel, rock, rip-rap, crusher fines, or decomposed granite, compatible with low and some medium water-use plants. Organic mulches are from living material, including shredded cedar or cypress, and pecan shells, compatible with high and some medium water-use plants.
MULTIPURPOSE FIELDA civic space type for structured recreation and stormwater management. It may be spatially defined by landscaping rather than frontages.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)The system of conveyances (including roads with drainage systems, municipal streets, flood control dams, retention and detention basins, grate and/or curb inlets, curbs, gutters, ditches, man-made channels, arroyos, agriculture drains, storm drains or designated flow paths) owned, operated or controlled by the County and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)The permitting system established by the Clean Water Act for all discharges to waters of the U.S. and administered by the EPA for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements.
NATIVE PLANTA plant species that is indigenous to the Chihuahuan Desert or adjacent ecoregions; this can include plant species naturally occurring within 200 miles and 1,000 feet in elevation of the project site. A native plant tends to establish in disturbed and wild areas without cultivation. This excludes exotic and invasive plants. Refer to Appendix X, Plant List, and Appendix Y, Plant List, Prohibited or Not Recommended.
NATURAL CONDITIONA condition that arises from or is found in nature and not modified by human intervention.
NATURAL COVERAny vegetation that exists on the property, prior to construction activity or achieved through vegetation restoration to a natural state, including native plant areas, proposed plantings, and/or the placement of turf (e.g., lawn or sod).
NATURAL RESOURCE CONSERVATION SERVICE (NRCS)Also referred to as Soil Conservation Service (SCS). An agency of the federal government that provides leadership in a partnership effort to help people conserve, maintain, and improve natural resources and the environment.
NEIGHBORHOODAn area of a community with characteristics that distinguish it from other community areas and that may include schools, or boundaries defined by physical barriers or natural features.
NEIGHBORHOOD, COMMERCIALRetail sales and services, personal services and business and office services generally intended to serve a neighborhood of up to a one-mile radius. The scale of development and traffic generated is accommodated by access to a collector street.
NEW MEXICO ENVIRONMENT DEPARTMENT (NMED)The state department that is responsible for promoting a safe, clean and productive environment through implementing environmental programs and regulations within the State of New Mexico.
NIGHTCLUBA place of entertainment where alcohol may be served.
NMEDSee "New Mexico Environmental Department."
NOISee "notice of intent."
NOTSee "notice of termination."
NOTICE OF INTENT (NOI)The form, written or electronic, that must be filed with the EPA, when required, for authorization of coverage under NPDES General Permit for Discharges from Construction Activities (CGP).
NOTICE OF TERMINATION (NOT)The form, written or electronic, that must be filed with the EPA, when required, for terminating coverage under the NPDES General Permit for Discharges from Construction Activities.
NPDESSee "National Polutant Discharge Elimination System."
NPDES GENERAL PERMIT FOR DISCHARGES FROM CONSTRUCTION ACTIVITIES (CGP)The permit issued by the EPA under the authority of the Clean Water Act (CWA) to regulate the discharge of pollutants from construction activities. The permit is revised and reissued by the EPA at regular intervals. Construction site owners and/or operators obtain authorization under the permit to discharge stormwater from their construction site by preparing a SWPPP and submitting an NOI to the EPA.
NRCSSee "Natural Resource Conservation Service."
ODD-SHAPED LOTSA lot that due to shape or frontage has irregular property lines, such as multisided or triangular shaped lots that do not fit the definition of front, side and rear lot lines making the setbacks difficult to determine.
OFF-SITEAny area not located within the boundaries of the property to be developed, whether or not in the ownership of the applicant.
OFF-STREET PARKING SPACEA location not in a street or alley, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a driveway that affords ingress and egress for a vehicle.
OFFICE, GENERALAn interior space available for the transaction of general business but excluding retail, artisanal and manufacturing uses, generally larger than 1,500 square feet.
OFFICE, SMALLAn interior space limited to 1,500 square feet and available for the transaction of general business but excluding retail, artisanal and manufacturing uses.
ON-LOT PONDINGA retention area used to store runoff within an individual lot.
OPEN SPACELand intended to remain undeveloped, or when required within a lot, a publicly or privately owned and maintained ground area that satisfies visual and physiological needs of the community for light and air.
ORDINARY MAINTENANCE (specific to WCF and WSS)Ensures that wireless facilities and wireless support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity and structural integrity, such as the strengthening of a wireless support structure's foundation or of the wireless support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape, color and accessory equipment within an existing equipment compound and relocating the antennas to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include substantial modifications.
OSESee "New Mexico Office of the State Engineer."
OWNERAny person, association, partnership, or corporation that has dominion over, ultimate control of, or title to real property.
P&ZSee "Planning and Zoning Commission."
PARCELA contiguous area of land owned by, or recorded as property of the same person or company. (See also "lot.")
PARKA civic space type that is a natural preserve available for unstructured recreation.
PARKING AREAA portion of a development set aside for off-street parking.
PARKING LOTAn area, typically paved, designed for vehicular parking.
PARKWAYAn area of a public street that is between the curb and the property line.
PARKWAY ASSEMBLYThe combination of the items that make up the parkway, including the sidewalk, planting strip, lighting, street signs, and street furniture.
PARTICULATE MATTERAny material emitted or entrained into the air as liquid or solid particulate, with the exception of uncombined water.
PATHA pedestrian way traversing a park or rural area, with landscape matching the contiguous open space, and which usually connects directly with any nearby sidewalk network.
PAVEMENT STRUCTUREThe combination of sub-base, base course, and/or surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.
PEDESTRIAN EASEMENTAn area providing pedestrian access with a dedicated easement such as a sidewalk, path, or passage.
PEDESTRIAN SHEDAn area centered on a common destination. Its size is related to average walking distances for the applicable community type. (Informally "ped shed.")
PERCOLATION RATEThis definition applies only to these water quality, liquid and solid waste disposal guidelines. The rate of entry of water into soil. It is determined from a standard percolation test performed on the soil at the depth of the proposed soil absorption system.
PERMITWhen used as a noun, any duly authorized permit for construction issued by the County or any authorization that includes soil disturbance; when used as a verb, a legal grant of permission.
PERSONAny individual, partnership, co-partnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns or an individual who has control over day-to-day activities. This definition includes all federal, state, and local governmental entities.
PERSONAL CARE SERVICESThe care of persons who do not require medical care. Personal care involves responsibility for the safety of the persons while inside the building.
PERSONAL SERVICESUses such as beauty shops, barbershops, dry cleaners, mailing services, self-service laundromats and similar uses that provide service to the public individually.
PERVIOUS PAVEMENTPavement compiled in a manner to effectively treat, detain and infiltrate stormwater run-off where landscape-based strategies are restricted or less desired.
PETROLEUM PRODUCTA product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene distillate fuel oil, and No. 1 and No. 2 diesel.
PETROLEUM STORAGE TANK (PST)Any one or a combination of aboveground or underground storage tanks that contain petroleum products and any connecting underground pipes.
PHASERefers to a portion of a multiunit subdivision which is intended to be developed as a unit.
PHASINGA construction BMP that is sequencing disturbing activities during construction, on lots in distinct areas of the project, with the stabilization of each area before the disturbing of the next.
PLANT AREAOverall area coverage of plant canopy, calculated in the following manner including the plant list: trees at 50% of the canopy width times that same canopy width, rounded up (example: a tree listed with a twenty-foot canopy width is 20' x 20' = 400 square feet x 50% = 200 square foot area); other plants at 100% of the canopy width times that same canopy width (example: an accent plant listed with a five-foot canopy width is 5' x 5' = 25 square feet x 100% = 25 square feet area). Refer to Appendix X, Plant List.
PLANT WIDTHTypical, mature width or spread of plant canopy. Refer to §
350-824, Appendix X: Plant list.
PLANT, EDIBLEPlant with fruit or parts, eaten or used by humans in the preparation of food. Refer to Appendix X, Plant List.
PLANT, HEIGHTTypical, mature height of plant canopy. Refer to Appendix X, Plant List.
PLANT, HIGH WATER-USEA live plant that mostly survives on 25 inches or greater water per year; also called a mesic or phreatophytic plant; grows best in a high water-use zone with other high water-use plants. High water-use plants can require less water where moisture availability is higher, particularly where specialized soil types and higher water tables combine in valley locations. Unless in such locations and when supporting documentation is provided, high water-use plants shall not be counted towards required landscaping. Refer to §
350-824, Appendix X: Plant list.
PLANT, LOW WATER-USEA live plant that mostly survives on 10 inches or less water per year, once established (about the average annual precipitation in Doña Ana County); also called a xeric plant; grows best in a low water-use zone with other low water-use plants. Refer to §
350-824, Appendix X: Plant list.
PLANT, MEDIUM WATER-USEA live plant that mostly survives on between 10 and 25 inches of water per year; also called a mesic plant; grows best in a medium water-use zone with other medium water-use plants. Refer to §
350-824, Appendix X: Plant list.
PLANTERThe element of the parkway that accommodates street trees (whether continuous or individual).
PLATA map of a townsite, section, or subdivision, certified by a surveyor, showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, etc., with references to permanent monuments.
PLAYGROUNDA civic space designed and equipped for children's recreation.
PLAZAA civic space type designed for civic purposes and commercial activities. A plaza is generally paved and spatially defined by building frontages.
POLE SIGNAny outdoor sign that is mounted on one or more freestanding poles or other support so that the bottom edge of the sign face is not in direct contact with a solid base or the ground.
POLLUTANTGenerally, any substance introduced into the environment that adversely affects the usefulness of a resource or the health of humans, animals or ecosystems. Pollutants may include dredged spoil, solid waste, incinerator residue, sewage, garbage, rubbish, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, dirt, and industrial, municipal, and agricultural waste discharged into water. The term "pollutant" does not include tail water or runoff water from irrigation or stormwater runoff from cultivated or uncultivated range land, pasture land, and farm land.
POLLUTIONThe alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
PORTABLE SIGNA sign that is not permanently affixed to the ground. Portable signs are sometimes located on trailers or are trailers with writing or logos affixed to them.
PORTALA private frontage conventional for retail use wherein the facade is aligned close to the frontage line with an attached cantilevered shed or lightweight colonnade overlapping the sidewalk.
POTENTIAL SOURCE OF CONTAMINATIONThis definition applies only to water quality, liquid and solid waste disposal guidelines. Any source which could release substances resulting in the degradation of a body of water and a hazard to public health.
PRELIMINARY PLATA map of a proposed subdivision showing the character and proposed layout of the subdivision and the existing conditions in and around it.
PRIMARY FRONTAGEOn corner lots, the private frontage designated to bear both the address and primary entrance to the building, and the measure of minimum lot width. See "frontage."
PRINCIPAL ARTERIALPrincipal arterials provide higher-speed travel and mobility for long-distance trips. These roads function within the region or community to carry large volumes of traffic to minor arterials and collector routes. Access may be limited by medians.
PRINCIPAL BUILDINGThe main building on a lot or that houses a primary use usually located near the primary frontage.
PRIVATE FRONTAGEThe portion of the frontage between the facade and the frontage line.
PRIVATE PROPERTYA lot, together with the building or structures thereon, owned by an individual person, company, or interest.
PRIVATE WATER SUPPLY SYSTEMThis definition applies only to water quality, liquid and solid waste disposal guidelines. A water supply system that has fewer than 15 service connections or serves fewer than 25 individuals per NMED standards.
PROCESSA series of acts of changes proceeding one to the next; a method of manufacturing or conditioning; or to submit something to a treatment or preparation.
PROFESSIONAL ENGINEERA person who has been duly licensed and registered by the State Board of Licensure for professional engineers to engage in the practice of engineering in the State of New Mexico.
PROPERTY LINE(E.g., lot line.) A legal boundary of a lot or property.
PROPERTY OWNERAny legal entity or person who holds superior title to and can evidence superior title on real or personal property.
PSTSee "petroleum storage tank."
PUBLIC HEARINGA proceeding held by the BOCC or the P&Z, preceded by notice, at which time applicants and other members of the public may be heard on matters listed on the BOCC or P&Z agenda.
PUBLIC PROPERTYProperty owned by any political subdivision not specifically exempted by state or federal law.
PUBLIC REALMThe civic spaces, public rights-of-way, and the private frontages generally applicable to community types and transect zones.
PUBLIC RIGHT-OF-WAYLand area, property or interest therein, usually in a strip, acquired for or devoted to transportation and/or utility purposes which is acquired, by the city, County, state or federal government for public use.
PUBLIC WATER SUPPLY SYSTEMA water system which has at least 15 service connections or serves at least 25 individuals. It is subject to the drinking water regulations per NMED standards.
PURCHASERAny person who buys a real property interest.
PUZZLE ROOMA puzzle room is a type of special amusement area in which occupants are encouraged to escape from a room or series of rooms.
QUALIFIED PERSONNELA person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions at the construction site that could impact stormwater quality, and the skills to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit (as demonstrated by sufficient education, training, experience, or any required certification or licensing).
QUASI-JUDICIAL ACTIONAction by the P&Z or BOCC that involves a determination of the rights, duties or obligations of specific individuals on the basis of the application of currently existing legal standards or policy considerations of past and present facts developed at a hearing conducted for the purpose of resolving the particular interest in question. For example, small-scale rezoning directed at a small number of properties that newly restrict (or expand) the uses of those properties in ways that are not applicable to the surrounding area, such restriction (or expansion) being limited to identifiable properties and not being general policy decisions that apply broadly. The characterization of an action as quasi-judicial carries with it important procedural consequences such as the right to individual notice, an opportunity to be heard, the opportunity to present and rebut evidence, to a tribunal that is impartial in the matter, i.e., having had no pre-hearing or ex-parte contacts concerning the question at issue, and to a record made and adequate findings executed.
REAR SETBACKThe distance from the rear lot line at which a building or structure may be located. It is generally indicated by a range of distances per zoning classifications from the rear lot line.
RECOMMENDEDA matter that is not required to be as described, but which this chapter advises as the intended or optimal condition.
RECREATION AND SPORTS FACILITYPublic or private facilities used for the nurturing and development of mental or physical strength, agility, or energy through forms of play, amusement, exercise or relaxation.
RECREATIONAL VEHICLEA vehicle on wheels with sleeping, cooking and washing or sanitary facilities designed to be used as a temporary dwelling unit; and defined as a recreational vehicle by the New Mexico Motor Vehicle Code.
RECREATIONAL VEHICLE PARK (RV PARK)A lot where travel trailers or other nonpermanent types of shelters are erected or maintained. Permitted related buildings and facilities may include an office, delicatessen and/or grocery store, laundry facilities, showers, bathrooms, and playgrounds to be operated during operating hours of the park for the patrons of the park.
REGIONAL COMMERCIALAn area of land used for shopping centers and commercial activities of a size intended to generally serve a major portion of Doña Ana County and/or nearby settlements in adjoining counties or states; may include retail, services, entertainment, and wholesale activities.
RELEASEAny spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the MS4, channels, watercourses, water, waters of the U.S., or onto the ground that is not authorized by an NPDES or RCRA permit.
RENEWABLE ENERGY FACILITYAny facility that generates power from resources which are naturally replenished on a human time scale.
REPLACEMENT POLE (specific to WCF and WSS)Pole of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate co-location. Requires removal of the wireless support structure it replaces.
REPORTABLE QUANTITY (RQ)For any hazardous substance, the quantity established and listed in Table 302.4 of 40 CFR Part 302; and for any extremely hazardous substance, the quantity established in 40 CFR Part 355 and thereof listed in its Appendix A.
RESIDENTIALActivities within land areas used predominantly for housing.
RESIDENTIAL ACCESS DRIVEWAYA lane providing vehicular access from a thoroughfare, right-of-way or easement to a principal single-family residence. The term does not include access to accessory structures or accessory buildings or vehicle parking for non-residence of the principal single-family residence.
RETAILThe sale of goods, wares, or merchandise directly to the consumer.
RIGHT-OF-WAYA general term denoting land, property, or interest therein, usually in a strip, acquired for the public intended for transportation or other related uses.
RIGHT-OF-WAY, DEDICATEDLand legally acquired by the County for the public intended for transportation or other related uses.
ROADA local, rural and suburban thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural zoning districts.
ROAD MAINTENANCE AGREEMENTA written agreement signed by a property owner defining the property owner's responsibilities for maintaining all elements of a roadway.
ROADSIDEA general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.
ROADSIDE STANDA structure that is used solely for the display or sale of farm products produced on the premises.
ROADWAYA public or private way (other than an alley) which may be dedicated or reserved by plat that affords the principal means of access to abutting properties.
RQSee "reportable quantity."
RUBBISHSolid waste, excluding food waste and ashes, from homes, institutions and workplaces.
RUNOFF or SURFACE RUNOFFWater from rain, snowmelt or irrigation that flows over the land surface and is not absorbed into the ground.
SANITARY SEWER or SEWERThe system of pipes, conduits, and other conveyances which carry waste sewage to a sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted).
SCREEN OR SCREENING WALLAn opaque wall or fence used to obscure or block unsightly views or visual conflicts and which may be part of a buffer.
SCSSee "Soil Conservation Service."
SECONDARY FACADEAll sides of a building not considered a primary facade shall be considered a secondary facade. Buildings which have side and rear facades facing a primary street shall treat all such facades as primary facades.
SECONDARY FRONTAGEOn corner lots, the private frontage that is not the principal frontage as it affects the public realm.
SECTORPer the Comprehensive Plan, a term for identified land areas that are recommended for specific land policies in this chapter.
SECTOR PLANA map within the Comprehensive Plan, indicating the location of sectors.
SEDIMENTATIONThe act or process of depositing sediment by human or natural forces.
SELLPer the State of New Mexico Subdivision Act, to give up property to another for money or any other valuable consideration and to hand over or transfer title.
SEPTIC TANK SYSTEMA tank and attached absorption field that is designed and constructed to separate solids from liquids in the effluents from a lot or lots to digest organic matter through anaerobic processes, and disperse the liquid excess into the soil.
SEPTIC TANK WASTEAny domestic sewage removed from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SETBACKThe minimum distance between the property/lot line and the foundation, wall, or main frame of a building or structure or any projection thereof measured from the exterior lot line to the greatest projection. Where a site abuts a road or highway having only a portion of its required right-of-way (ROW) width dedicated or reserved for roadway purposes, setbacks shall be measured from the line establishing the additional width required for ROW purposes. Where a site abuts an easement for access or a private access road is located within the boundary lines of the site, the setback shall be measured from the easement or from the private road. On a site that is not rectangular or approximately rectangular in shape, the required setbacks shall be measured in a manner prescribed by the Zoning Administrator.
SEWAGE or SANITARY SEWAGEThe waste that is discharged into sanitary sewer systems and flows to a sewage treatment plant for treatment.
SFHASee "special flood hazard area."
SHINGLE SIGNA very small pedestrian-oriented sign suspended from a bracket below the fascia and near the top of the ground-floor windows and doors.
SHOPFRONTA private frontage conventionally for retail use, with substantial glazing, wherein the facade is aligned close to the frontage line with the entrance to the retail use at sidewalk grade.
SHOPPING CENTERA group of commercial business establishments operated as a unit with off-street parking provided on the property, and related in locations, size and types of shops to the trade area that the unit serves.
SHRUBA. A woody plant that is generally smaller than a tree, having several main stems;
B. Vines that are woody, self-supporting or requiring other large plants or structures for support.
SIDE SETBACKThe distance from the common lot line between two lots at the side of a lot, at which a building or structure may be located. It is generally indicated by a range of distances from the common lot line per the zoning classification.
SIDEWALKA pedestrian walkway with permanently improved surfacing.
SIDEWALK SIGNA small, highly portable sign, typically in the form of a folding A-frame, and placed in the parkway.
SIGHT DISTANCEThe length of the roadway ahead that is visible to the driver.
SIGNAny outdoor display surface or structure intended to convey information or instructions.
SIGNIFICANT VIEW SHEDScenic resources in Doña Ana County including views to mountains, ridges, farmland, and riparian areas along the Rio Grande.
SINGLE-FAMILY DWELLINGAny housing unit designed for the use of one family that has a private, ground-level entrance and a private outdoor space for the use of the residents of such dwelling units.
SINGLE-FAMILY DWELLING, MOBILE HOMEA single-family dwelling consisting of or including a mobile home. This definition does not include an existing mobile home which has been enclosed within a permanent structure.
SINGLE-FAMILY DWELLING, SITE-BUILTA single-family dwelling that is not a single-family dwelling, mobile-home. This definition includes modular buildings that are assembled on-site as well as site-built homes that are moved to the site from another location.
SITEThe total area to be used for development of a project or activity.
SITE MAPA detailed sketch, including a North arrow, scale and all road/street names, or a cut-out of a vicinity map and sufficient detail to find the specific location of the property.
SITE PLANA plan to scale showing existing and proposed uses and structures on a lot as required by this chapter.
SKETCH PLANA map showing proposed street layout, lots, drainage structures, arroyos, and land proposed for public use, with estimated dimensions. A sketch plan shall include a general vicinity map showing the location of the proposed subdivision or development with reference to existing roadways, municipalities, and other landmarks.
SLEEPING UNITA single unit that provides rooms or spaces for one or more persons, includes permanent provisions for sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
SLOPEThe measurement of an incline or decline (rise/run).
SMALL VILLAGEA term for one of several community types regulated by this chapter.
SOIL CONSERVATION SERVICE (SCS)Also referred to as Natural Resource Conservation Service (NRCS). An agency of the federal government that provides leadership in a partnership effort to help people conserve, maintain, and improve natural resources and the environment.
SOIL SURVEYA national cooperative soil survey conducted by the USDA, Natural Resources Conservation Service in cooperation with the State Agricultural Experiment Station and other federal and state agencies, or any other survey containing information of comparable quality and detail following the national standards for an Order 2 survey.
SOLID WASTEAny solid or semi-solid discarded material which results from household, commercial, municipal, industrial, mining, agricultural or other operations which is not waterborne in a sewage system.
SPECIAL FLOOD HAZARD AREA (SFHA)A portion of the floodplain subject to inundation of the base flood. Special flood hazard areas in Doña Ana County currently include Zones A, AO, AH, and AE.
SPECIAL USE PERMIT (SUP)Authorization for a specific land use that is potentially appropriate in, and compatible with other uses in, its zoning district, but due to the scale, intensity and nature of the use has the potential to make a major negative impact on other uses in the district.
SPECIFIED ANATOMICAL AREASLess than completely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESIncludes human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SPOT ZONINGAn attempt to wrench a single lot from its environment and give it a new rating that disturbs the tenor of the neighborhood, and which affects only the use of a particular piece of property or a small group of adjoining properties and is not related to the general plan for the community as a whole, but is primarily for the private interest of the owner of the parcel. Spot zoning is determined on an ad hoc basis depending on the facts and circumstances of each case. Factors to be considered are:
A. The disharmony with the surrounding area;
B. The size of the area to be rezoned; and
C. The benefit of the rezoning to the community or the owner of the parcel.
SQUAREA civic space type designed for unstructured recreation and civic purposes, spatially defined by building frontages and consisting of paths, lawns and trees, formally disposed.
STABILIZED or STABILIZATIONThe state of or the process necessary to reduce a surface's capability of generating fugitive dust by paving, dust suppression, watering, compacting, or restoring natural cover to the disturbed surface sufficient to prevent a violation of this chapter.
STABLEA building having stalls or compartments where domestic animals are sheltered and fed.
STADIUMA large building or structure with tiers of seats for spectators at sporting or other recreational events.
STANDARD PEDESTRIAN SHEDA pedestrian shed that is an average 1/4 mile radius or 1,320 feet, about the distance of a five-minute walk at a leisurely pace.
STOOPA private frontage wherein the facade is aligned close to the frontage line with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance.
STORM DRAINA system and series of pipes (separate from sanitary sewers) used to convey runoff from precipitation that falls on buildings and land surfaces.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)A document required by the construction general permit (CGP) that describes and ensures the implementation of controls and practices to reduce the pollution resulting from construction activity.
STORYA habitable level within a building, excluding an attic or basement.
STREETA local thoroughfare of low speed, generally allocated to the more intense zoning districts.
STREET SIGNAn official sign erected to designate an approved or accepted street name.
STREET VIEW AREAThe entire area between the primary facade of an industrial use, furthest from the primary frontage to that property line, extended along the entire primary frontage.
STREETSCREENA freestanding wall built along the frontage line, or coplanar with the facade. It may mask a parking lot from the thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. As used in this chapter, a streetscreen is a form of screen which need not be part of a landscape buffer.
STRIP ZONINGA zoning action that would give an area different zoning and benefit than the surrounding zoning to a strip of land along a thoroughfare.
STRUCTUREAnything that is constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
SUBDIVIDETo divide a surface area of land into a subdivision as defined by this chapter and NMSA 1978, § 47-6-2.
SUBDIVIDERAny person who creates or who has created a subdivision, individually or as part of a common promotional plan, or any person engaged in the sale, lease, or other conveyance of subdivided land; however, "subdivider" does not include any duly licensed real estate broker or salesperson acting on another's account.
SUBDIVISIONThe division of land into two or more properties identified by a block and lot system referenced as a platted subdivision or phase thereof that is described by place and recorded with the County Clerk's Office; however, "subdivision" does not include:
A. The sale, lease or other conveyance of any parcel that is 35 acres or larger in size within any twelve-month period; provided that the land has been used primarily and continuously for agricultural purposes, in accordance with NMSA 1978, § 7-36-20 for the preceding three years;
B. The sale or lease of apartments, offices, stores or similar space within a building;
C. The division of land within the boundaries of a municipality;
D. The division of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land;
E. The division of land created by court order where the order creates no more than one parcel per party per tract or area of land; if created through a probate proceeding no more than one parcel per heir. Subsequent sale or division of any parcel so created shall be subject to these regulations;
F. The division of land for grazing or farming activities; provided the land continues to be used for grazing or farming activities;
G. The division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not increased;
H. The division of land to create burial plots in a cemetery;
I. The division of land to create a parcel that is sold or donated as a gift to an immediate family member; however, this exception shall be limited to allow the seller or donor to sell or give no more than one parcel per tract of land per immediate family member, furthermore, a deed restriction shall be included in the conveyance documents limiting the further division, transfer or conveyance in equity of any parcel that is originally sold or donated as a gift to an immediate family member for a period of five years following the transfer;
J. The division of land created to provide security for mortgages, liens or deeds of trust and not for the purposes of conveyance of legal or equitable title, provided that the division of land is not the result of a seller-financed transaction;
K. The sale, lease or other conveyance of land that creates no parcel smaller than 140 acres;
L. The division of land to create a parcel that is donated to any trust or nonprofit corporation granted an exemption from federal income tax, as described in § 501(c)(3) of the United States Internal Revenue Code of 1986, as amended; school, college or other institution with a defined curriculum and a student body and faculty that conducts classes on a regular basis; or church or group organized for the purpose of divine worship, religious teaching or other specifically religious activity;
M. The division of a tract of land into two parcels that conform with applicable zoning ordinances; provided that a second or subsequent division of either of the two parcels within five years of the date of the division of the original tract of land shall be subject to the provisions of the New Mexico Subdivision Act; provided further that a survey, and a deed if a parcel is subsequently conveyed, shall be filed with the county clerk indicating that the parcel shall be subject to the provisions of the New Mexico Subdivision Act if the parcel is further divided within five years of the date of the division of the original tract of land; or
N. The purchase of land by a government entity for the purpose of constructing a public works project.
SUBDIVISION INFRASTRUCTURE IMPROVEMENTSInfrastructure improvements which are essential for the protection of health, safety, and welfare, required by the approved subdivision construction improvement plans, including the construction, installation and operation of the following: roadways; utilities including water, fire flow, wastewater, electric, natural gas and telephone; drainage systems and facilities; earth-retaining structures; and erosion control measures.
SUBDIVISION, TYPESA. "Type one subdivision" means any subdivision containing 500 or more parcels, any one of which is less than 10 acres in size;
B. "Type two subdivision" means any subdivision containing not fewer than 25 but not more than 499 parcels, any one of which is less than 10 acres in size;
C. "Type three subdivision" means any subdivision containing not more than 24 parcels, any one of which is less than 10 acres in size;
D. "Type four subdivision" means any subdivision containing 25 or more parcels, each of which is 10 acres or more in size; and
E. "Type five subdivision" means any subdivision containing not more than 24 parcels, each of which is 10 acres or more in size.
SUBSTANTIAL COMPLETION or SUBSTANTIALLY COMPLETEThat degree of completion of construction of a required subdivision infrastructure improvement necessary for such infrastructure improvement to operate and function appropriately as designed and to be utilized for the purpose for which it is intended and permitted.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a building when the cost of the improvement equals or exceeds 50% of the market value of the building before the start of construction of the improvement.
SUPSee "special use permit."
SURVEYORA person who is qualified to practice surveying in the State of New Mexico, defined by the Engineering and Surveying Practice Act. See NMSA 1978, § 61-23-1 et seq.
SWALE (ROADSIDE SWALE)A shallow drainage feature used to convey and/or store runoff, generally located at the side of a thoroughfare.
SWPPPSee "stormwater pollution prevention plan."
TEMPORARY STABILIZATIONA condition where exposed soils or disturbed areas are provided a protective cover or other structural controls to prevent the erosion of soil when construction has halted for at least 14 days and is anticipated to resume at some time in the future.
TENTA portable shelter made of cloth, supported by one or more poles and stretched tight by cords or loops attached to pegs driven into the ground.
TEN-YEAR DESIGN STORMThe flood event that has a ten-percent chance of being equaled or exceeded in any given year.
TERRACEA private frontage type with a shallow setback and front elevated patio, usually with a low wall at the frontage line. This type buffers residential use from sidewalks.
TERRAIN MANAGEMENTControl of floods, drainage and erosion, and measures necessary to adapt proposed development to existing soil characteristics and topography.
THOROUGHFAREA public way that affords the principal means of access from a lot, or area of land to other lots, or areas of land, and which has been dedicated or reserved by plat. A thoroughfare may be maintained by the County, or may be privately maintained.
THOROUGHFARE NETWORK PLANA plan indicating the location, extent, and type of thoroughfares within a regulating plan and land development plat.
THOROUGHFARE TYPEThe functional classification for a particular type of thoroughfare.
THOROUGHFARE, INSIDEThe direction toward the center of a thoroughfare shall be termed its "inside" direction.
THOROUGHFARE, OUTSIDEThe direction toward the lateral limit of a thoroughfare shall be termed its "outside" direction.
THOROUGHFARE, PRIVATEA strip of property devoted to transportation purposes which is not dedicated to the County.
TOPPINGThe severe cutting back of limbs to stubs larger than three inches within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
TOTAL DESIGN FLOWThe sum of liquid waste design flows for all liquid waste systems on a lot. See "NMED standards."
TOWNA term for one of several community types regulated by this chapter.
TOWN HALL MEETINGA structured meeting held by an applicant or the applicant's representative for the purpose of presenting a proposed development and seeking public input.
TOWNHOUSEA single-family dwelling that shares at least one party wall with another of the same type and occupies the full frontage line on the attached side(s).
TRACK-OUTVisible bulk material deposited on a paved, public or private roadway capable of going airborne due to human or natural activity.
TRAFFIC IMPACT ANALYSISA study that assesses the effects that a particular development's traffic will have on the transportation network. These studies vary in their range of detail and complexity depending on the type, size and location of the development, which are regulated by this chapter.
TRANSECT ZONEOne of several zones that reflect the historic development patterns of the County and are predominately compact mixed-use zones, which are also available for new development.
TREEA. A woody plant with an expected mature height of a minimum of 12 feet and/or one story, possessing either a single trunk or multiple trunks. Trees are often described in subcategories by common attributes and the uses they serve. They can be some combination of evergreen, deciduous, coniferous, and/or broadleaf, and be used for shade, screening, understories to larger trees, or ornamental uses such as flowering;
B. Skyline accent: usually evergreen succulents, sometimes developing woody trunks, providing functions and heights similar to smaller trees via visual impact, enclosure, or structure against the sky or architecture, but often lacking shade. This includes many commonly used and often native plants that do not meet typical plant categories, such as yuccas, ocotillos, and fan palms.
TRIPLEXA residential building with three attached dwelling units each of which has direct access to the outside.
U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)The United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of the EPA or such successor agency.
UNMANNED DEVELOPMENTLand uses that do not have a building, or customer storefront and parking, and which do not have a way to calculate a required landscaping area.
URBAN CENTERA term for one of several community types regulated by this chapter.
USE ZONEOne of several zones that are developed and regulated primarily by specific uses and are typically characterized by adjacent or similar development.
UTILITIESGovernmental entities, nonprofit organizations, corporations, or any entity defined as a public utility for any purpose by and used in connection with the production, delivery, transmission, collection, or storage of water, sewage, gas, oil, electricity, or electronic signals.
UTILITY POLE (specific to WCF and WSS)A structure owned and/or operated by a public utility or municipality that is designed specifically for and used to carry lines, cables or wires for telephone, cable television, electricity or to provide lighting.
VACATIONThe act of rescinding (canceling) all or part of a recorded subdivision plat, including legal descriptions and grants of easements.
VARIANCEA grant of permission by the Zoning Administrator, P&Z or the BOCC that authorizes the recipient to do that which, according to the letter of this chapter, the recipient could not otherwise legally do.
VEGETATIONLiving plants or flora, the planted portion of landscaping.
VENDINGAny activity by any person involving the display, sale, offering for sale, offering to give away, or giving away of anything of value including any food, beverage, goods, wares, merchandise, or services.
VENDORAny person or persons, including corporations as well as natural persons, who engage in the activity of vending.
VENDOR, ItinerantA person who sells, displays for sale, solicits, or takes orders for such items as food, merchandise, or services of an any character from non-specified locations.
VENDOR, Temporary Site-SpecificA person who sells, offers to sell, solicits or takes orders for such items as food, merchandise, or services of any character at a specified location.
VERGEThe portion of a parkway located between the sidewalk (including future and potential locations for a sidewalk) and the curb, curb line, or edge of the roadbed.
VICINITY MAPA map used to locate the subdivision, showing relationship to existing roadways, municipalities and other landmarks.
VILLAGEA term for one of several community types regulated by this chapter.
WALLAn enclosure or barrier used as a boundary, means of protection, or privacy. A wall is constructed of solid materials, allowing minimal light, visibility, and/or air movement.
WALL SIGNAny sign painted on or attached to an exterior wall of a building parallel to the wall surface.
WATER HARVESTINGThe manipulation of stormwater runoff, to lessen erosion and provide extra water that benefits plantings. Water harvesting is often a part of low-impact development and green infrastructure, classified into methods that are passive (using grading, rock cover and vegetation, also called rain gardens) and/or active (using storage systems such as cisterns or barrels, with gravity or pump conveyance to plantings).
WATER SUPPLY SOURCEThis definition applies only to water quality, liquid and solid waste disposal guidelines. A well, spring, infiltration gallery, surface water intake structure, or other source of water used to furnish water to a public or private water supply system.
WATER SUPPLY SYSTEM or WATER SYSTEMA system which is designed, constructed, operated, and maintained to provide water suitable for end users. It usually consists of source, treatment, transmission, storage, pumping, and distribution facilities.
WATER TOWER (specific to WCF and WSS)A water storage tank, standpipe or elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
WATER USE ZONEAn area of vegetation within an ecoregion, having similar water and cultural requirements and unique from nearby but different water use zones; they correspond with low, medium, and high water-use plants and planting areas within a landscape.
WATERCOURSEA permanent, intermittent, or occasional river, arroyo, stream, creek or other depression, either natural or man-made, having definite limits and evidence of the gathering and conveying surface water.
WCFSee "wireless communications facility or wireless facility."
WEED FABRICAlso called "weed barrier" or "filter fabric," this is a material that can minimize perennial weed growth (grows back and reseeds/spreads from roots and seed each year during growing season; nightshades, bindweeds included), but rarely minimizes annual weed growth (does not grow back from roots each year during growing season, relying on seed to germinate; goatheads/puncture vine, tumbleweeds included). Weed fabric is more applicable for use with inorganic mulches; it is rarely applicable for use with organic mulches, often with few to counterproductive effects in the purpose of organic mulches adding organic nutrients to soil for higher water-use plants.
WETLANDAn area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
WHOLESALEThe sale of goods to a person or company which may sell products to the ultimate consumer.
WIDE CURB LANEThe lane nearest the curb that is wider than a standard lane and provides extra space so that the lane may be shared by motor vehicles and bicycles.
WILDLIFE CORRIDORAn area of habitat indicated on a plan, to connect wildlife populations that would otherwise be separated by human-induced changes in the natural landscape.
WINDOW SIGNA sign placed or painted on the interior of a window or the window of a door.
WRECKING SERVICESA place where motor vehicles are towed and stored in the open, and are not being restored to operation, including an impound yard, but does not permit dismantling or the selling of parts thereof.
WSSSee "wireless support structure."
YARD SIGNSmall freestanding sign that is not a monument sign. A yard sign is typically supported by one or two pole-like supports, and rises to head-height or below.
YARD WASTELeaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land-clearing operations.
YURTA circular domed tent made of canvas, skins, felt or similar materials stretched over a collapsible lattice framework (considered a portable tent). If a platform is built on which the Yurt is placed, that platform is considered a structure and requires a building permit.
ZONINGThe classification of land into different areas and districts that regulates land use, building height, intensity, density, design, and placement of buildings, which are generally referred to as "zones," "districts" or "zoning districts."
ZONING ADMINISTRATORThe Director of the Community Development Department or designee responsible for administering this chapter.