Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
ABANDONED STRUCTUREA structure that has not been used for a period of three consecutive months which the City has duly determined to be a public health, safety or welfare concern.
ABUTNext to, touching; to share a common property line.
ACCESSORY APARTMENTSeparate living quarters on the same lot as, and used in conjunction with, a main dwelling.
ACCESSORY STRUCTUREA structure, the use of which is incidental to the use of the main building on a lot. A building attached by an interior (as opposed to yard) wall or roof to the main building is not an accessory building, but is a part of the main building.
ACCESSORY USEA use incidental and subordinate to the permitted or special use of the premises.
ADJACENTNext to; sharing a common boundary. In establishing adjacency, public rights-of-way are not considered. For example, an industrial district across the street from a residential district is adjacent to that district.
AGENTAny person representing himself or herself to the City to be a legally authorized designee of an owner or applicant. Also see "owner." The City assumes no responsibility for ascertaining the property rights and interests of applicants asserting that they are agents and will rely upon the representations made in signed applications and documents.
AGGRIEVED PARTYAny person who:
(1) Is required to be served with notice by mail under this chapter; or
(2) Has an immediate, pecuniary and substantial interest, with respect to any final action taken pursuant to this chapter.
AGRICULTURAL GOODSMinimally processed fruits, vegetables, nuts, grains, seeds, forage, and honey. Value-added or processed agricultural goods require additional licensing and permits from the New Mexico Environmental Department and New Mexico Department of Agriculture. Cannabis is considered an agricultural good and its production, processing, or sale requires permits from the New Mexico Regulation and Licensing Department.
AGRICULTUREThe production, keeping, or harvesting of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry; livestock, including cattle, sheep, swine, horses, ponies, mules, llamas, alpacas, or goats, or any hybrids thereof; bees and apiary products; fur animals; trees and forest products; fruits, including grapes, nuts and berries; vegetables; cannabis and hemp; nursery, floral, ornamental and greenhouse products.
ALLEYA public way which is a secondary means of vehicular access to abutting properties.
ANNEXATIONA legal process by which some property located in an unincorporated area of the county may become part of Española. The property must be contiguous to (next to and touching) the existing City boundary lines to qualify for annexation.
APPLICANTAny person or his or her legally authorized agent making application to initiate any action provided in this chapter.
APPLICATIONA formal request made by an applicant to initiate any action as provided in this chapter.
AUTOMOBILE SERVICE STATIONA retail business engaged solely or primarily in the sale of motor fuels, goods or services generally required in the operation and maintenance of motor vehicles and in the fulfilling of a motorist's needs. Major automobile repair activities, such as body painting, body and fender repair, major mechanical repair, tire recapping, or the rental of equipment and the sale or rental of other merchandise, are not uses included in the uses of a service station.
BALCONYAn open platform projected from a wall of a building or structure above the first floor level, and totally unsupported by any additional means by or to the ground.
BANNERAny sign of lightweight fabric or similar material that is temporarily or permanently mounted to a pole, structure or a building. National flags, state or municipal flags shall not be considered banners.
BARSee "cocktail lounge or bar."
BASELINE DATAInformation on the current usage of a public facility compared with its capacity, including, but not limited to, streets, sewers, water lines, drainageways, etc.
BED-AND-BREAKFASTAn owner-occupied dwelling unit that contains no more than five guest rooms, where lodging is provided for compensation, with or without meals.
BENCH MARKA mark on a permanent monument indicating elevation and serving as a reference in topographical surveys.
BLOCKA unit of land bounded by streets or by a combination of streets and public land or any other barrier to the continuity of development.
BONDAny form of security, including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City Attorney and the City Council. All bonds shall be reviewed by the City Engineer wherever a bond is required by this chapter.
BREEZEWAYA roofed, open-sided passageway which provides direct access between buildings.
BUFFER AREAA strip of land designed to separate portions of a subdivision or development from adjacent arterial or collector streets or from uses located on adjacent properties.
BUILDINGAny structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING, MAINA building within which is conducted one or more permitted or special uses. There may be more than one main building on a lot depending on the district designation.
BUSINESS PARKA building or assembly of buildings on a single lot adaptable to a combination of office, light storage, distribution, and showroom uses, where a minimum of 25% of the floor area is used for office space and where common parking and access are provided.
CALIPERThe diameter of the main stem of a tree or shrub. It is measured eight inches above the ground.
CAMPGROUNDAn open area where temporary overnight residency is available for tent, trailer, truck campers and/or recreational vehicles.
CANNABIS MANUFACTUREMeans to compound, blend, extract, infuse, package, or otherwise prepare a cannabis product.
CANNABIS MANUFACTURERMeans a 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 PRODUCERMeans a person that:
(1) Grows, cultivates and harvests 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 RETAILERMeans a person that sells cannabis products to qualified patients, primary caregivers or reciprocal participants or directly to consumers;
CAR WASH(1) AUTOMATIC CAR WASHFacilities for washing automobiles using production line methods with a chain conveyer, blower, steam cleaning device or other mechanical devices.
(2) SELF-SERVICE CAR WASHFacilities for washing automobiles, wherein the customer parks the vehicle in a bay and washes the vehicle using equipment provided.
CARPORTA permanent roofed structure with not more than two enclosed sides used for automobile storage.
CHILD-CARE CENTERA home or business which provides care, service and supervision for children for less than 24 hours per day and which is regulated by the State of New Mexico.
CHURCHA permanent building used primarily for religious worship, fully enclosed with walls, including windows and doors, and having a permanent roof.
CITY ATTORNEYThe City Attorney for the City of Española or his designee.
CITY CLERKThe City Clerk for the City of Española or his designee.
CITY ENGINEERThe Engineer or engineering firm as may be hired or serving under contract for the City of Española.
CITY MANAGERThe City Manager for the City of Española or his designee.
CLUB, PRIVATEAn association of persons, whether or not incorporated, for social or recreational purposes and for purposes and activities generally not for personal gain and not elsewhere defined as a commercial or professional purpose or activity; it does not mean a business for profit.
COCKTAIL LOUNGE or BARPremises where alcoholic beverages are sold to the public for consumption on the premises.
COMMERCIALFor the purpose of purchase, sale or other financial transaction of any article, substance, commodity or service by for-profit and not-for-profit entities.
COMMERCIAL CANNABIS ACTIVITY(1) Means the cultivation, production, possession, manufacture, storage, testing, researching, labeling, transportation, couriering, purchase for resale, sale or consignment of cannabis products. This activity requires licensing by the State of New Mexico, following zoning approval by the City of Española; and
(2) Does not include activities related only to the medical cannabis program, to cannabis training and education programs or to the personal cultivation or use of cannabis.
COMMERCIAL CENTERA building or assembly of buildings that may contain retail, offices, restaurants, lodging, theaters, automobile services, or other uses permitted by the zoning district, and that provides common parking and access.
COMMERCIAL DISTRICTAny zoning district where the primary use is commercial; these include B-1, Local Commercial District; B-2, General Commercial District; B-3, Central Business District; and TC, Tourist Commercial District.
COMPLEXA combination of two or more uses located on the same lot and sharing common facilities. Included in this definition are multiple-building complexes.
COMPREHENSIVE PLANThe plan adopted by the City of Española to guide overall growth and development, and includes amendments to that plan, including area master plans and district plans.
CONCEPT SITE PLANA site plan that depicts only a general design, intended for review by City of Española staff or the Development Review Team.
CONDOMINIUMAn estate in real property consisting of an individual interest in common in a parcel of real property, together with separate ownership of space within such real property. A condominium is not a cooperative.
CONSTRUCTION PLANSThe maps or drawings submitted prior to a final subdivision plat showing the specific location and design of improvements to be installed in a subdivision, including, but not limited to, streets, sidewalks, utilities and drainage facilities.
CONVALESCENT HOMEA public or private facility which provides bed and ambulatory care, not at the level of a hospital, for patients and for persons who are unable to care for themselves; it does not mean a facility which provides care or treatment of alcoholics, drug addicts or persons with mental diseases or afflictions.
COOPERATIVEA development that is collectively owned by members and operated for their mutual benefit. Each member is an owner and has an individual interest in the entire development. Each member in a residential cooperative has a lease for his own apartment, space or site, but does not own the apartment, space or site. A cooperative is not a condominium.
CORRECTION PLATThe plat filed for the correction of an error, other than a lot line adjustment, for an approved and recorded plat.
COURT and COURTYARDAn open space unoccupied by structures on the same lot with a main building, and bounded on two or more sides by such building or exterior walls or fences.
CROSSWALKThat portion of a pedestrian walkway which crosses a street.
CUL-DE-SACA street with one end open for vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DAY-CARE CENTER/FACILITYA home or business which provides care, service and supervision for at least five but no more than 12 children for less than 24 hours per day and regulated by the State of New Mexico.
DAY CARE HOMEA residence which provides care, services and supervision for not more than four children at one time, who do not normally reside in the home, for less than 24 hours per day and regulated by the State of New Mexico.
DAYSCalendar days, whenever used as a means of calculating a time limit or constraint, except as otherwise expressly stated.
DEBRISThe remains of past construction, hobbies and other activities which have not been removed for over a year.
DECISIONMAKING AUTHORITYThe Planning Director, the Planning Commission, or the City Council, as appropriate, which has been given the authority to take final actions (though subject to appeal) regarding an application under this Development Code.
DEDICATED LANDLand transferred to the City of Española, in fee simple ownership, and expressly accepted by the City for public use.
DENSITYThe total number of dwelling units permitted on a given area of land. Density is usually expressed in dwelling units per acre.
DEVELOPERThe legal or beneficial owners of a lot or parcel of any land proposed for inclusion in a development, including an agent and/or the holder of an option or contract to purchase.
DEVELOPMENTThe construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings, any use or change in use of any buildings or land, any extension of any use of land or any clearing, grading or movement of land, for which permission is required pursuant to this chapter.
DEVELOPMENT CODEThe City of Española Official Development Code, which is adopted by ordinance, and may be amended from time to time.
DEVELOPMENT REVIEW TEAM (DRT)The purpose of the DRT is to review development applications and to advise the Planning Commission, other boards and commissions and the City Council. The Development Review Team shall consist of the Planning Director (who shall act as Chairman), Water Operations Supervisor, Wastewater Collections Supervisor, Public Works Director, Community Services Director, City Engineer, Police Chief, Fire Chief and any other department head who could or may have issues with the proposed development.
DISTRICT PLANA plan developed for a specific zoning or overlay district within the City of Española.
DORMITORYA building used principally for sleeping accommodations, related to an educational or research institution.
DRAINAGE(2) The removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion, flooding and sedimentation during and after construction or development.
DRAINAGE SYSTEMNatural swales and/or man-made improvements designed to accommodate drainage on a parcel.
DRIVEWAYA vehicular accessway to off-street parking.
DUPLEXSee "two-family dwelling."
DWELLINGA building containing one or more dwelling units, including the following:
(4) SINGLE-FAMILY ATTACHED DWELLINGA building containing only one dwelling unit and joined on one or more sides by a common wall without openings to another or other single-family dwellings on separate lots.
DWELLING UNITOne or more rooms used as a residence by one family and constituting a separate and independent housekeeping unit, with a single kitchen. It does not mean quarters for transients in a club, hotel or motel.
EASEMENTA real property interest in land for a specific purpose, granted by the owner of the property to another person or entity.
EQUESTRIAN TRAILA trail or pathway intended for use by persons on horseback, or pedestrians.
ESCROWA sum of money deposited to ensure completion of subdivision improvements to City of Española standards.
ESCROW AGREEMENTA signed contract between a developer and the City of Española that ensures completion of subdivision improvements in compliance with the standards of this chapter.
FACILITY FOR RELIGIOUS WORSHIPA permanent building used primarily for religious worship, fully enclosed with walls, including windows and doors, and having a permanent roof.
FAMILYAn individual living alone; two or more persons related by blood or marriage, or between whom there is a legally recognized relationship, occupying the same dwelling unit; or a group of not more than five unrelated persons occupying the same dwelling unit.
FENCEAny structural device forming a physical barrier between two properties. It may be made of wire mesh, steel mesh, chain link, louver, stake, masonry, lumber or other similar materials or any combination thereof.
FENCE HEIGHTThe vertical distance measured from the approved grade (ground) level to the highest adjacent board, rail, post, or wire, including retaining walls.
FINDINGSA written statement of the reasons supporting a decision made by any reviewing body in the land development review process.
FLAGAny fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or otherwise excluded from the definition of a banner.
FLOOR AREA(1) The area of all floors, including a basement, in a building, exclusive of exterior courts, garages and carports, but including enclosed porches. All horizontal measurements are taken from the exterior faces of walls.
(2) GROSS FLOOR AREAThe sum of the total horizontal areas of all the floors of all structures on a lot, measured from the outside faces of exterior walls. Basements, elevator shafts, hallways and stairwells at each story, floor space used for mechanical equipment with structural headroom of six feet six inches or more, penthouses, attic space whether or not a floor has actually been laid that provides structural headroom of six feet six inches or more, interior balconies, and mezzanines are all included.
FRONTThat side of a building or property serving as the principal entrance.
FRONTAGEThat side of a lot abutting a public right-of-way and determined, by the Planning Director, to be the front of the lot.
GARAGEA portion of a main building or a detached accessory building having a roof and enclosed by walls on not less than three sides used for the housing of vehicles.
GATEAn opening in a wall or fence that permits ingress and egress.
GRADEThe average elevation of the finished ground surfaces surrounding a building as measured from front to back and side to side for the entire lot. The term "grade" is expressed as the slope in percentage terms.
GRADING PLANThe plan that describes both existing contours and the finished grade for the site upon completion of all construction operations.
GREENHOUSEMeans a completely enclosed structure whose structural members are made of preformed, rigid construction materials or a completely enclosed structure that protects horticultural products from all external elements where the growth environment is closely controlled. Greenhouse also means an accessory structure, with transparent or translucent roof and/or wall panels intended for the raising of plants or crops.
GROSS SITE AREAThe area of a horizontal plane within the property lines of a lot before the area of public streets, easements or other land to be designated for public use is deducted.
GROUND COVERAny landscaping material other than permanent hard surfaces (i.e., sidewalks, driveways, structures) which covers the natural earth. The definition includes living matter (plants) and nonliving materials (rock outcroppings).
GROUP HOMEAny congregate residence, maternity shelter, or building which provides room and board to the residents within the facility and provides, either directly or through contract services, at least one of the following: programmatic services, assistance with the activities of daily living in accordance with the program directive, or general supervision of up to eight individuals who have difficulty living independently or managing their own affairs, or who are handicapped within the meaning of 42 U.S.C. § 3602(h)(1) of the Fair Housing Amendments Act (1988). "Group home" does not include facilities for persons currently in custody of or recently released by correctional authorities that are designed to offer an alternative to imprisonment and/or to facilitate ex-offender reintegration into community life, nor does it include facilities for persons who require such services by reason of the effects of current alcohol or drug abuse. "Group home" includes facilities for recovering alcohol or drug abusers who require group home services.
GUESTA social visitor or any person hiring or occupying a room for living or sleeping purposes.
GUEST ROOMA room, having no kitchen facilities, for occupation by one or more guests.
GUESTHOUSEA dwelling unit within an accessory building for use by guests of the occupant of the main building; it does not mean a dwelling that is rented or otherwise used as a separate main building.
HEDGEA plant or series of plants or other landscape material so arranged as to form a physical barrier or enclosure.
HEIGHT OF STRUCTUREThe vertical distance between the highest point of any part of the structure and the natural grade or finish cut grade directly below that point, whichever is greater. If a structure is placed on fill, the depth of the fill is included in the height of the structure. If the natural grade is lowered in a cut, the depth of the cut is included in the height of the structure.
HOME BUSINESSA home occupation that employs more than one nonfamily member.
HOME OCCUPATIONA business, profession or service which is conducted and/or operated in a residential zoning district and is clearly incidental and secondary to the dwelling purpose and does not change the character thereof.
HOMEGROWN OR HOMEMADE CANNABISMeans grown or made for purposes that are not dependent or conditioned upon the provision or receipt of financial consideration.
HOSPITALAn acute care, short-term general hospital.
HOTEL or MOTELA building or group of buildings operated as one enterprise, containing rooms or suites of rooms (with or without a kitchen) to be occupied by transient or permanent tenants.
HOUSINGResidences of any kind as further described in this chapter.
IMPACT REPORTSStudies conducted to identify the potential adverse effects of proposed development on public infrastructure and land as well as adjoining private properties. Impact reports may include, but are not limited to, traffic generation reports; stormwater drainage reports; utility capacity analysis reports; and soils reports.
IMPROVEMENTAn addition made on property and intended to enhance its value, utility or beauty, or to adapt it to new or further uses.
INDUSTRIAL DISTRICTAny zoning district where the primary use is industrial; these include: L-I, Light Industrial District; and H-I, Heavy Industrial District.
INDUSTRIAL USEThe manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, in such a manner as to change the form, character or appearance thereof, and including storage, warehousing and wholesaling.
INOPERABLE VEHICLE(1) Any motor vehicle or vital component parts thereof which are either:
(a) Unusable or inoperable because of lack of or defects in vital component parts;
(b) Unusable or inoperable because of damage from collision, deterioration, alteration or other factors;
(d) Without a current vehicle registration.
(2) For the purposes of this definition, the term "vital component parts" shall mean those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drivetrain and wheels.
INTENSIVE AGRICULTURE Land use activities combining agricultural and industrial uses, where the agriculture is conducted in large-scale greenhouses and requires high volumes of pesticides, fertilizers, or both.
JUNKUsed machinery, electronic/electrical components, scrap iron, steel or other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials, or other waste that has been discontinued from its original use and may be used again in its present form or in a new form.
JUNKYARD and SALVAGE YARDAn open area where junk, including dismantled or wrecked automobiles, is bought, sold, exchanged, stored, baled, packed, disassembled or handled. A junkyard includes an automobile wrecking yard.
LANDSCAPE PLANA plan that graphically illustrates the areas to be landscaped, types of landscaping materials, irrigation, the final design of all landscaping areas, and may include a long-term maintenance program.
LANDSCAPINGThe planting and maintenance of various forms of vegetation and/or the use of architectural materials to aesthetically enhance and complement structures and the sites on which they are located.
LEGAL HOLIDAYA holiday granted to regular employees of the City of Española pursuant to personnel rules and regulations.
LOTA parcel of land, also known as a plot, the legal description of which is duly recorded with the County Clerk and which includes:
(1) LOT AREAThe area of a horizontal plane bounded by the property lines of a lot.
(2) CORNER LOTA lot located at the intersection of two or more streets at an angle of not more than 135°. If the included angle is greater than 135°, the lot is an interior lot.
(3) LOT COVERAGEThe percentage of the lot area covered by structures, including accessory buildings, main buildings and detached buildings. "Lot coverage" includes all aboveground structures, including roof overhangs.
(5) LOT FRONTThat part of an interior lot abutting the street, or that part which is designated the front of a corner lot, double-frontage lot, or a lot with three or more sides abutting a street.
(8) LOT LINE ADJUSTMENTA replat of the recorded lot lines of two adjacent lots with no additional lots created.
(10) REAR LOT LINEThe lot line which is opposite and most distant from the front lot line, or in the case of an irregular lot, a line a minimum of 10 feet in length farthest removed from the front lot line, and at or near right angles to the line comprising the depth of such lot.
(11) SIDE LOT LINEThose lot lines of a lot which are not the front or rear lot lines.
(13) LOT REARThat part of a lot opposite the front of the lot.
LOT SPLITThe subdivision of one recorded lot into two lots.
LUMINANCEThe brightness of an object expressed in terms of footcandles or lumens, determined from a point five feet above grade onto other premises or the public right-of-way, but no closer than 20 horizontal feet to the object measured.
MANUFACTURED HOME(Also known as "mobile home," "single-wide," "double-wide," "triple-wide," "trailer" and "HUD home," manufactured on or after June 15, 1976.) A movable or portable housing structure that exceeds either a width of eight feet or a length of 40 feet and is constructed in the controlled environment of a manufacturing plant. They are built and transported in one or more sections on a permanent chassis (steel frame or I-beam) and designed to be installed with or without a permanent foundation for human occupancy. A manufactured home is built to the Manufactured Home Construction and Safety Standards (HUD Code) and displays a red certification label on the exterior of each transportable section.
MANUFACTURED HOME DEVELOPMENTA parcel of land designed and/or intended for the placement of a manufactured home and accessory structures on sites that can be owned in fee simple, as part of a condominium, a cooperative or a land lease rental community.
MANUFACTURED HOME PARKA parcel of land under single ownership on which two or more manufactured home units are located. It includes land lease rental communities where individual lots are rented, but not owned. It also includes limited equity cooperatives, but not condominiums.
MASTER PLANA plan developed for a specific area within the City of Española.
MOBILE HOMEThe common name for a manufactured home constructed prior to HUD enforcement of the Manufactured Home Construction and Safety Standards, effective June 15, 1976.
MOBILE HOME DEVELOPMENTA parcel of land designed and/or intended for the placement of manufactured housing and accessory structures on sites that can be owned in fee simple, as part of a condominium, a cooperative or a land lease rental community.
MOBILE HOME PARKA parcel of land under single ownership on which two or more manufactured housing units are located. It includes land lease rental communities where individual lots are rented, but not owned. It also includes limited equity cooperatives, but not condominiums.
MODULAR HOME(Also known as "systems-built homes," "panelized," "prefabricated" and "off-site construction.") Any home factory-built to the same state, local or regional building codes as site-built homes. They are typically delivered to a site on a flatbed truck and often the sections and modules are put into place using a crane. Modular homes are affixed to a permanent foundation just like an on-site stick-built house. Modular homes will not have a red certification label (HUD Code), but will have a label attached to the home stating the code it was built to (e.g., UBC, IRC, state/local, etc.).
NET FLOOR AREAThe area of all floors in a building, excluding basements, garages, carports, enclosed porches, mezzanines, hallways, service areas and similar areas. All horizontal measurements are from exterior faces of walls.
NET SITE AREAThe area of a horizontal plane within the property lines of a lot, less the area of all land designated for public use.
NET USABLE AREAThe total floor area designed for tenant occupancy and exclusive use, expressed in square feet measured from the inside of walls.
NONCONFORMING STRUCTUREA structure lawfully existing on the date of adoption of this chapter, which was designed, erected or structurally altered for a use which is not a permitted use in the district in which it is located, or which is not in compliance with the site development requirements of the district in which it is located.
NONCONFORMING USEA use of a building or land, existing on the date of adoption of this chapter, which does not conform to the uses permitted in the district in which it is located.
OFF-SITEAny place not within the boundary of the property to be developed, subdivided or improved, whether or not in the ownership of the developer or subdivider.
OFFICIAL ZONING MAPThe map adopted by the City of Española as a component of this chapter, showing the location of the various zoning districts within the City of Española.
OPEN SUN SCREENA latticed or louvered assemblage, open on at least two sides, used for partial shade, providing no weather protection and not influencing ventilation or the amount of impervious cover of a lot.
OVERLAY DISTRICTA set of zoning requirements that are described in the text of this chapter, are mapped, and are imposed in addition to those of the underlying district. Development within the overlay districts must conform to the requirements of both zoning districts or, when that is not physically possible, the more restrictive of the two.
OWNERAny person, group of persons, firms, corporations, public agency or any other legal entity having legal or equitable interest in property subject to this chapter. Also see "agent."
PARKING FACILITYAny space on the streets or off the streets used for the purpose of parking motor vehicles, including buildings erected above or below the surface of the ground.
PARKING SPACESpace for the parking of one automobile, exclusive of driveways, ramps, columns, or loading areas, within a parking facility.
PARKLANDPublic open space that is designed to serve public needs for recreation, and areas that serve to satisfy public needs for visual and/or psychologically pleasing spaces.
PARKWAYSThe public right-of-way of a dedicated street located on either side of the actual street roadway improvements (curb, gutter and pavement). Parkway areas may or may not contain sidewalks and/or utilities.
PATIORoofed or unroofed space on a lot; if roofed, with at least 50% of the side surface unscreened or unenclosed with a solid material.
PEDESTRIAN WALKWAYAn accessway generally located between lots for pedestrian use and either publicly or privately owned, which may or may not be improved.
PERCENT OF SLOPE(1) The relation of the vertical rise from or to the contour line at horizontal intervals of not more than 50 feet and calculated as follows:
S = (H - L) * 100/D |
H | = | highest elevation of the portion of tract measured |
L | = | lowest elevation on the portion of the tract measured |
D | = | horizontal distance between H and L |
(2) Percent of slope is used to measure grade.
PERMITTED USEThe specific, primary use of a lot allowed by this chapter. A lot may be put to more than one use at a time.
PET TRAINING OR BREEDING or KENNELSThe Boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age in exchange for remuneration.
PLANNED RESIDENTIAL DEVELOPMENTTwo or more dwellings planned and developed as a whole, including dwellings commonly known as "townhouses" or "row houses" or "cluster housing," together with related land, buildings and structures.
PLANNED UNIT DEVELOPMENT(Also known as a "PUD.") A type of development and the regulatory process that permits a developer to meet overall community density and land use goals without being bound by existing zoning requirements. PUD is a special type of floating overlay district which generally does not appear on the municipal Zoning Map until a designation is requested.
PLANNING DIRECTORThe Planning Director of the City of Española or his or her designee.
PLATA map, drawing or chart depicting land and improvements thereto.
PORCH or DECKAn open platform above ground level attached to the wall or foundation of a building or structure and primarily supported in some structural manner from the ground; it may be roofed or unroofed.
PROFESSIONAL ENGINEERAn engineer registered by the New Mexico State Board of Registered Engineers and Surveyors.
PROFESSIONAL SERVICESThose services provided by accountants, architects, engineers, business or management consultants, attorneys, planners or other professionals typically hired as consultants.
PUBLIC GARAGEA building used for the care, repair, equipping, hire, sale or storage of motor vehicles.
PUBLIC IMPROVEMENTAny drainage ditch, roadway, parkway, sidewalk, street, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the City of Española may ultimately assume the responsibility for maintenance and operation.
PUBLIC RIGHT-OF-WAYThe total area of land deeded, reserved by plat or otherwise acquired, occupied or owned by the City of Española or any other public entity, primarily for the public movement of people, goods and vehicles. A public right-of-way may be used for other public purposes pursuant to this chapter.
RADIO AND TV TOWERS AND ANTENNASAny structure that is used for transmitting or receiving television, radio or telephone communications, excluding those used exclusively for dispatch communications.
RAMPA sloping roadway or passage used to join two different levels of streets, structures or buildings, or a driveway leading to parking aisles.
REAL PROPERTYLand easements and appurtenant rights to land along with whatever is erected or affixed to land.
RECREATION EQUIPMENTEquipment whose primary function or design is for recreational purposes, whether originally so designed or subsequently modified, and is not capable of being self-propelled on land, and shall include the following or similar types of equipment: boats, boat trailers, campers when dismounted from a truck bed or chassis, horse trailers, houseboats, house trailers, rafts, tent trailers, travel trailers and utility trailers when converted to recreational purposes.
RECREATIONAL VEHICLEA vehicle which is composed of a chassis, or a frame with wheels, which either has its own motor power or is drawn by another vehicle, and has a camping body primarily designed or converted for use as temporary living quarters for recreational, camping or travel activities.
RECYCLING STATIONA use where recyclable solid waste materials, including aluminum, glass, paper, metal and similar materials, are purchased or procured.
RESIDENCEA building used, designed or intended to be used as a home or dwelling by one or more families or lodgers. A manufactured house is a residence.
RESIDENTIAL DISTRICTAny zoning district where the primary use is housing; these include R-1, Rural Residential District; R-2, Semirural Residential District; R-4, Large Lot Residential; R-6, Urban Residential District; RM, Multifamily Residential District; R6-PUD Urban Residential; and ROI, Residential-Office-Institutional.
RESTAURANTA business establishment that serves prepared food or beverages primarily to persons seated within the building. This includes businesses which may provide an area for food consumption outdoors in addition to indoor dining.
RESTAURANT, DRIVE-IN or TAKEOUTA business establishment that serves prepared foods or beverages primarily for the consumption by customers within motor vehicles either on or off the premises.
RETAILThe sale of goods to the ultimate consumer for direct consumption and not for resale.
ROOMAn unsubdivided portion of the interior of a building; it does not mean a bathroom, closet, hallway or service porch.
RUBBISHWaste or rejected material; anything worthless or valueless in its present form; trash.
RUINSBuildings in a state of disrepair and falling down.
RUNOFFThe water from natural precipitation that flows over the surface of the land and does not percolate into the soil.
SCHOOLSIncludes the following:
(1) PRIVATE OR PAROCHIAL SCHOOLSA school, academy or institution which conducts academic instruction at kindergarten, elementary, secondary or collegiate levels not under the jurisdiction of the Española Public Schools; it does not mean a commercial or trade school.
(2) PUBLIC SCHOOLSSchools under the jurisdiction of the Española Public Schools or, in the case of a post-high-school institution, under the jurisdiction of a Board of Regents established by the state.
(3) TRADE OR COMMERCIAL SCHOOLSPrivate schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technician schools, and similar commercial establishments.
SELF-SERVICE STORAGE FACILITYAny real property designed and used for the purpose of renting or leasing individual storage spaces to tenants who have access to such spaces for the purpose of storing and removing personal property.
SENIOR CITIZEN MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTA residential development providing dwelling units specifically designed for the need of ambulatory elderly persons, with residents of such development being a minimum of 60 years of age (except that, in the case of married couples, only one person needs to be 60 years of age) and with such developments consisting of apartments or condominiums, or a combination of both dwelling types, but consisting of a minimum of 30 dwelling units within the project.
SETBACKThe least horizontal distance between a lot line and a building or structure, exclusive of projections such as roof overhangs and includes:
(1) MINIMUM SETBACKThe distance from the lot line to any setback or the main building setback, as required by this chapter.
SIDEWALKA publicly owned pedestrianway with permanent surfacing.
SIGN(1) Any written, printed or symbolic device capable of visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, structure or symbol, or architectural feature which serves no other purpose than communication, used to advertise or promote the interest of any person; or
(2) Any official notice issued by any court or public body or officer, or directional, warning or information signs or structures required by or authorized by law or by federal, state or City of Española authority.
SITE PLANThe plan graphically showing proposed or actual development of the property, including, but not limited to, the location of structures, height and exterior facades, placement of parking and traffic circulation, method of exterior lighting, landscape treatment, location and size of signs, and any other such information as may be requested by planning staff.
SLOPEIncludes:
(1) BUILDING SITE SLOPEThe difference between the highest natural elevation on the building footprint and the lowest natural elevation of the building footprint, divided by the horizontal distance between the two points.
(2) PARCEL SLOPEThe difference between the highest natural elevations at each end of the 100-foot horizontal difference, divided by 100.
SPECIAL USEA use which has been determined to be compatible with the purposes of the district, but which has one or more characteristics that could make it incompatible with other uses in the district; and as further described by this chapter.
SPECIAL USE PERMITA permit for a use classified as a special use, as detailed elsewhere in this chapter.
SPOT ZONINGRezoning of a lot or parcel of land for a use incompatible with surrounding uses and not for the purpose or effect of furthering the Comprehensive Plan.
STORAGEAn area or space, either indoors or outdoors, where something is kept, housed or located for future use. Storage may include:
(1) AUTOMOBILE STORAGEA lot used to store vehicles, either for repair or salvage, when towed or driven to the site. Lots providing for more than five vehicles must provide screened security fencing of not less than six feet in height surrounding the entire perimeter of the lot. This use is determined to be incompatible with residential uses and therefore shall not be allowed or granted special use status or permits.
(2) CONTRACTOR'S STORAGE YARDAn area where heavy equipment, materials, machinery, aggregates, and other objects used for the development of land or structures are stored. This use is determined to be incompatible with residential uses and therefore shall not be allowed or granted special use status or permits.
STORM DRAINAGE PLANA detailed plan showing the location and proposed topography of streets, lots and other areas within a development, along with any proposed storm sewer facilities and easements for surface drainage, intended to satisfy the storm drainage performance standards of this chapter. It is further meant to include any drainage calculations requested by the City of Española.
STORYThat portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. If the finished floor level directly above a usable or unused under floor space is more than six feet above grade for more than 50% of the total perimeter or is more than 12 feet above grade at any point, such usable or unused under floor space shall be considered a story.
STREAMA low point on the natural topography where runoff collects and stormwater flows on a periodic basis, or a continuously running waterway.
STREETA public right-of-way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property, and may include:
(1) ARTERIAL STREETA street which is or will, because of its design, location, or intensity of use with reference to other streets and other sources of traffic, be used primarily for larger volumes of traffic.
(2) PRIVATE STREETA street as defined elsewhere in this chapter but differing in that it is not accepted by the City of Española as a public improvement.
(3) PUBLIC STREETA street owned and maintained by the City of Española or other public entity.
STREET CENTER LINEThe center of a street or right-of-way as established by official surveys; normally the midpoint of a street cross section.
STREET FRONTAGEThe distance for which a lot line adjoins a public street, from one lot line intersecting such street to the furthest distant lot line intersecting the same street.
STRUCTUREAnything constructed or built which requires location on or in the ground or is attached to something having a location on or in the ground. Underground storage tanks, patio slabs, paved areas, walks, tennis courts and similar facilities, the tops of which are not more than 30 inches above ground, are not structures.
TEMPORARY USEA use of a temporary, seasonal or transitory nature, as detailed elsewhere in this chapter, but not to exceed six months in any one calendar year.
TENANTAny person who occupies any land or building who is not the owner but is granted the right of use by the owner.
TRAFFIC ENGINEERThe City of Española employee or contractor responsible for the administration and enforcement of City of Española traffic control regulations.
TRAILERAny vehicle without motor power, designed for carrying persons or property and for being drawn by a motor vehicle.
TRAILER SALES LOTAn automobile and trailer sales lot, inclusive of the sale of manufactured housing, as governed by the State of New Mexico Taxation and Revenue Department.
USEAny development, use or activity upon lands within the City of Española.
VACATION(1) Reversion of all or a portion of a recorded subdivision to a single lot; or
(2) The elimination of an easement or right-of-way in a part of a recorded subdivision.
VARIANCEAn adjustment in the application of the specific dimensional regulations of this chapter to a particular piece of property as more specifically set forth under the laws of the State of New Mexico.
VETERINARY SERVICE FACILITYAn enclosed structure in which animals are given medical or surgical treatment or temporary housing as an accessory use to the veterinary service facility.
WALKWAYA cleared way for pedestrians, which may or may not be paved.
WALLA vertical structure that separates properties, portions of properties or portions of a building.
WAREHOUSINGA building for the storage of goods of any type with more than 500 square feet of storage space.
WHOLESALINGThe selling of goods for the purpose of resale.
WRECKAGEBroken, disrupted, disordered mechanical or automotive parts, machinery or vehicles.