For the purpose of this title, the following definitions shall apply:

ACCESSORY BUILDING OR USE: A subordinate building or use, the use of which is incidental to and customarily found in connection with the principal building or use, and located on the same lot with the principal building or use. An accessory use shall not exceed one-fourth (1/4) of the use or area of the main business or building. Accessory buildings may be built in a required rear yard but such accessory building shall not be nearer than ten feet (10') to the main building nor be located less than five feet (5') from the rear lot line. The use of an accessory building shall be appropriate, subordinate, and customarily incidental to the main use of the lot.

ACRE: An area of land consisting of forty three thousand five hundred sixty (43,560) square feet.

ALLEY: A public thoroughfare which affords only a secondary means of access to abutting property. An alley is not to be used for through traffic or as primary access to a property.

AMENDMENT: A change in the wording, context or substance of this code, an addition or deletion, or a change in the zoning district boundaries or classifications upon the official zoning map, which imposes any regulation not heretofore imposed, or removes or modifies any such regulation theretofore imposed.

APARTMENT: A multi-dwelling unit used exclusively for lease or rent as a residence.

ATTACHED: Any structure or building having a common wall with another structure or building.

BILLBOARD: Any sign larger than eight feet by twelve feet (8' x 12') erected along any street within the boundaries of the municipality.

BLOCK: Property bounded on one side by a street, railroad, right of way, waterway, unsubdivided areas, or other definite boundaries.

BOARDING HOUSE: A dwelling, other than a hotel, motel or tourist facility, where, for compensation and by prearrangement, food and/or lodging are provided for five (5) or more persons, eighteen (18) years of age or older, unrelated by blood or marriage, including sorority and fraternity houses.

BUILDABLE DEPTH: The depth of the lot remaining to be built upon after the required front and rear yards are provided.

BUILDABLE WIDTH: The width of the lot remaining to be built upon after the required side yards are provided.

BUILDING: Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.

BUILDING AREA: That area of a lot that is or may be occupied by buildings or structures pursuant to the requirement of this code.

BUILDING HEIGHT: The vertical distance from the grade to highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

CHILDCARE CENTER: A commercial or publicly sponsored establishment for the day or night care of more than six (6) individuals under the age of eighteen (18), not to include a halfway house.

CHURCH: A building or group of buildings used as a place of common worship or gathering by or for any religious, nonprofit organization. Any commercial use associated with a church that involves the sale of merchandise shall be subject to the requirements of the zoning code pertaining to that use, and shall not be considered as a church use for the purpose of this code.

CLEAR SIGHT TRIANGLE: An area of unobstructed vision at street intersections, exits, or entrances over three feet (3') above the finished grade of the street at the street corner which is bounded by:

   A.   The front street and side street lines of a corner lot and a line connecting points thirty feet (30') distance from the intersection of the property line of such lot;

   B.   The curb line of an intersection and a line connecting points forty feet (40') distance from the corner of the intersection.

CLINIC: An establishment where patients are not lodged overnight, but are admitted for examination or treatment by a physician, chiropractor, dentist, optometrist, or group that is practicing together. As used in this title, clinic does not refer to a veterinarian clinic.

CLUB OR LODGE: Buildings and facilities owned or operated by a corporation, association, person or persons for a social, intellectual, educational or recreational purpose, but not for profit.

COMMUNITY CENTER: A building or buildings managed and operated by local residents as a private, nonprofit corporation in the interest of community development.

COMPREHENSIVE PLAN: A compilation of policy statements, goals and objectives, standards, maps and statistical data for the physical, social and economic development, both public and private, of the village of Hatch.

CONDITIONAL USE: A specific land use of unusual character or potentially incompatible in an area and which requires governing body approval for its use on one specific parcel of land, such use being subject to a particular set or conditions as approved in accordance with the provisions of this title, and not permitted by right in a zoning district.

CONDOMINIUM: A residential, professional, commercial, official or industrial development, in which each unit is owned individually, whether the unit includes air space, walls, floors or any combination thereof, and in which other areas and facilities within the development are owned and maintained jointly by a group, association or corporate entity. Ground beneath each unit is owned in common by the group, association or corporate entity.

CONTIGUOUS: Touching; or separated only by a street, alley, channels, canals, or other public rights of way or railroad rights of way.

CONVENIENCE STORE: A retail sales establishment dealing primarily in groceries and sundry items which is typically open approximately sixteen (16) hours per day, seven (7) days per week.

COTTAGE INDUSTRY: A home based business or enterprise employing no more than two (2) nonresident employees, and no more than four (4) total employees, engaged in skilled and semiskilled trade, and as further identified in section 17.08.060 of this title.

CUL-DE-SAC: A street serving only those residences which access directly onto it, and which terminates in a turnaround with a radius of at least forty feet (40').

DAYCARE CENTER: Any childcare arrangement that provides daycare on a regular basis for more than four (4) hours per day for more than five (5) children of preschool age.

DETACHED: A unit, building or structure that is apart or separate from another.

DISTRICT: Any zone of the village within which certain zoning and land use requirements are specified and are uniform, and which are designated on the official zoning district map.

DUPLEX: A building arranged, intended or designed to be occupied by two (2) families living independently of each other and having separate cooking facilities in each dwelling unit.

DWELLING: A building or unit thereof designed and used exclusively for residential occupancy.

DWELLING, SINGLE-FAMILY: "Single-family dwelling" means a dwelling designed for and occupied exclusively by one family.

DWELLING, MULTIPLE-FAMILY: "Multiple-family dwelling" means a building or buildings designed for three (3) or more families.

EASEMENT: A nonpossessing 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 use and enjoyment of his land.

FAMILY: Person(s) related by blood or marriage, or a group of not more than five (5) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

FARMERS MARKET: An open air market in which spaces are rented or leased for the purpose of selling home crafts and agricultural products, excluding livestock.

FLOOR AREA: The gross square feet of floor area within a building or portion thereof. For the purpose of this code, floor area and gross floor area shall be the same, and shall be based on the outside dimensions of a building as shown on a plot plan, and shall include interior balconies, mezzanines, stairwells, storage areas, mechanical equipment areas and basements.

FOWL: Chicken, geese, turkey, guineas and other similarly sized birds.

FRONTAGE: Property on one side of a street measured along the line of the street.

FREESTANDING WALL: Any wall which is neither load bearing nor contained within a structure.

GARAGE, PUBLIC: "Public garage" means a building, or portion thereof, other than a private or storage garage designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.

GASOLINE STATION OR SERVICE STATION: A business where the primary use is to sell motor vehicle fuels at retail prices.

GOVERNING BODY: The board of village trustees and the mayor of the village of Hatch.

GRADE: The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building.

GRANDFATHERING: The legal acceptance of a nonconforming use, which use was legal under the applicable zoning in effect prior to adoption of the governing body. This definition excludes any use that was illegal under any applicable law, ordinance or regulation prior to the enactment of this title.

GROUND SURFACE LEVEL: That surface of a yard, which directly abuts a wall, fence, building or structure, or the average grade level, whichever is most appropriate.

HALFWAY HOUSE: A residential facility located in a structure or dwelling or any living unit thereof designed, used or intended to be used as human habitation, the principal use or goal of which is to serve as a place for persons seeking rehabilitation, recovery or counseling from any physical, mental, emotional, penal or legal infirmity, in a family setting, as part of a group rehabilitation or recovery program.

HOME CARE CENTER: A facility which provides nursing and convalescent care under the direction and supervision of licensed medical personnel for four (4) or more unrelated recipients.

HOME OCCUPATION: A home based business or enterprise employing only the members of the family residing on the site of the business or enterprise, engaged in skilled and semiskilled trade, and as further identified in section 17.08.050 of this title.

HOTEL: A building in which lodging or boarding is offered to the public and in which room assignments are made for compensation and in which entrance to and exit from all rooms is made through an inside lobby or office supervised by a person in charge at all times.

IMPERVIOUS SURFACE AREA: That ground area of a lot, tract or parcel, that is not penetrable by water, to include, but not limited to buildings, structures, pavement, sidewalks, and certain land covers for landscaping.

INSTITUTION: Building(s) housing an organization dedicated to public or nonprofit service.

JUNKYARD: A place of any size where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto graveyards and yards for the storage of salvaged house wrecking and structural steel materials and equipment.

KENNEL: Any premises on which four (4) or more dogs, and/or cats, four (4) months of age or older, are kept; and/or where the business of buying, selling, breeding, training or boarding of dogs and/or cats is conducted.

LEGAL NONCONFORMING USE OR STRUCTURE: Any use or structure which legally existed prior to a change in zone boundaries or regulation for the zone in which it is located, which change or changes makes the previously legally conforming use become nonconforming.

LESS RESTRICTIVE DISTRICT OR ZONE: A district in which the uses, requirements and development standards are predominantly less intensive or are limited to a lesser extent than other districts. For example, R-3 is less restrictive than R-1.

LIVESTOCK: Horses, cows, swine, goats, sheep and similarly sized animals, regardless of age, as well as fowl.

LOT: A portion of a subdivision or other parcel of land intended for the purpose, whether immediate or future, of transfer of ownership or for building development. It also is a tract of land described by metes and bounds land held in separate ownership, as shown on the records of the county assessor.

LOT AREA: The total area circumscribed by the boundaries of a lot, except that:

   A.   When the legal instrument creating a lot shows the boundary of the lot extending into a public street right of way, then the lot boundary for purposes of computing the lot area shall be the street right of way line, or if the right of way line cannot be determined, a line parallel to and thirty feet (30') from the center of the traveled portion of the street, and

   B.   In a residential district, where a private road that serves more than three (3) dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the boundary of the traveled portion of that road.

LOT, CORNER: "Corner lot" means a lot abutting upon two (2) or more streets at their intersection.

LOT DEPTH: The mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE: "Double frontage lot" means an interior lot fronting on two (2) streets. Both frontages shall be constructed front yards.

LOT, INTERIOR: "Interior lot" means a lot other than a corner lot with only one frontage of a street other than an alley.

LOT LINE, FRONT: "Front lot line" means the boundary of a lot bordering on a street. For the purpose of determining setback requirements on corner lot and double frontage lots, all sides bordering on a street shall be considered the front.

LOT LINE, REAR: "Rear lot line" means the boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line; except that in the absence of a rear lot line as is the case of the triangular shaped lot, the rear lot line may be considered as a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet (10').

LOT LINE, SIDE: "Side lot line" means the boundary of a lot which is not a front lot line or a rear lot line.

LOT WIDTH: The distance between side lot lines measured across the rear of the required front yard, parallel to the street or street corner.

MAJOR COLLECTOR: Within the village of Hatch, Hall and Franklin Streets are considered major thoroughfares.

MANUFACTURED HOUSING: A manufactured home or modular home that is a single-family dwelling with a heated area of at least thirty six by twenty four feet (36 x 24') and at least eight hundred sixty four (864) square 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 USC 5401 et seq.) and the housing and urban development zone code II or the uniform building code (UBC), as amended to the date of the unit's construction, and installed consistent with the manufactured housing act 1 and with the regulations made pursuant thereto relating to ground level installation and ground anchors.

MINI-STORAGE UNIT: A mini-storage unit shall be construed as small storage units, each used for the sole purpose of domestic storage for individuals and strictly prohibiting the use for a business activity.

MINOR COLLECTOR: Within the village of Hatch, Canal Road and Railroad Street are considered minor thoroughfares.

MOBILE HOME: A movable or portable housing structure larger than forty feet (40') in body length, eight feet (8') in width or eleven feet (11') in overall height, designed for and occupied by no more than one family for living and sleeping purposes but does not include structures built to the standards of any municipal code or other technical codes.

MOBILE HOME NEIGHBORHOOD: All land which is contained within an R-2-M zoning district but which is not contained within a mobile home park.

MOBILE HOME PARK (MHP): A privately owned tract of land at least four (4) acres in size in which mobile homes or mobile home spaces may be rented or leased for residential use; also known as a mobile home court.

MOBILE HOME SPACE (MHSP): A parcel of land within a mobile home park rented or intended to be rented to prospective renters by the owner.

MORE RESTRICTIVE DISTRICT OR ZONE: A district in which the uses, requirements, and development standards are predominantly more intensive or are limited to a greater extent than other districts. For example, an R-1 district is more restrictive than R-2 district.

MOTEL (MOTOR COURT, MOTOR HOTEL, MOTOR LODGE): A building or buildings in which lodging and/or boarding are offered to the public for compensation, and which has separate entrance to the exterior from each unit with at least one parking space for each unit.

NONCONFORMING: Land or the use of land or a building, or a portion thereof, which does not conform with the current land use regulations of the zoning district in which it is located.

NUISANCE: The use of property or land which creates unusual, unnecessary or undue problems or situations for persons in the vicinity that would not have occurred if the use were not present.

NURSERY: A place where young trees or other plants are used for transplanting or for sale, excluding commercial fertilizer yard or processing plant.

OPEN SPACE: That area of a lot, tract or parcel not devoted to any building or structure.

PARKING LOT: A parcel of land devoted to unenclosed parking spaces.

PARKING SPACE: A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

PERMANENT ACCESSORY BUILDING: A building or structure which is permanently attached to a slab or foundation, the use of which is clearly incidental to the principal building and which is located on the same lot. An accessory building shall not be used for a business or dwelling.

PERMITTED USE: A use specifically permitted.

PERSONAL SERVICE ESTABLISHMENTS: Businesses providing health, beauty, medical or therapeutic services.

PORCH: A roofed patio entrance or exit area, open on at least one side.

PROPERTY LINE: The official boundary of a parcel, lot or tract of land as designated by either a metes or bounds description or subdivision plat filed in the records and maps of the county clerk.

PUBLIC RIGHT OF WAY: Land area deeded, reserved or otherwise acquired by the village, the county or the state of New Mexico for public use.

RECREATIONAL VEHICLE (RV):

   A.   Travel trailers, camping trailers, fifth wheel trailers, and all other vehicles that are constructed to include a chassis, integral wheels and a towing hitch, and are primarily designed or constructed to provide temporary, readily movable living quarters for recreation, camping or travel uses;

   B.   Pickup campers, either mounted or nonmounted, or any structure designed to be mounted in the bed of a truck and providing living quarters for recreation, camping or travel uses;

   C.   Chassis mount, motor home, mini-motor home or other recreational structure or vehicle constructed integrally with a truck or motor van chassis and incapable of being separated therefrom, designed to be used for movable living quarters for recreational, camping or travel uses;

   D.   Recreational vans or converted and chopped vans or other vehicles which are either initially constructed or converted to contain living quarters for recreational, camping or travel uses.

RECREATIONAL VEHICLE PARK (CAMPER PARK): A facility, at least one acre in size, designed to accommodate residential parking of recreational vehicles, campers and travel trailers.

RECREATIONAL VEHICLE STORAGE AREA (RVSA): A parcel of land on which recreational vehicles are stored while not in use.

ROOF: An overhead structure used for protection or shielding from the sun, rain or other elements of weather.

SCHOOL: An enterprise, operated for profit or not for profit, where the primary function is instruction or teaching.

SCREENING AND BUFFERING: The use of walls, thick shrubbery or similar materials to minimize the potentially adverse impact of one land use on another.

SETBACK: The shortest distance between the property line and the foundation, wall or main frame of a building or structure. Where a site abuts a road or highway having only a portion of its required right of way width dedicated or reserved for roadway purposes, setbacks shall be measured from the line establishing the additional width required for right of way 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 which is not rectangular or approximately rectangular in shape, the required setbacks shall be measured in a manner prescribed by the planning and zoning commission.

SIGN: Any display to public view of letters, words, numerals, figures, devices, emblems, pictures or any part or combinations thereof used to advertise or promote merchandise, services or activities, except for the following:

   A.   Advertising within a building;

   B.   Advertising for community or civic events or construction projects on a temporary basis;

   C.   Real estate signs, under six (6) square feet in area, advertising the sale of a property;

   D.   Official historic markers;

   E.   Statues or other forms of visual artistic expression, including containing letters, words, numerals, figures, devices, emblems and pictures that advertise or promote merchandise, services, or activities, so long as the advertising does not dominate the work, in its proportion to other aspects of the statue or other artistic expression, or otherwise.

SIGN AREA: The total aggregate of all faces of signs or combination of signs computed as follows:

   A.   Square or rectangular sign: the sum of the length times the height of each face of the sign;

   B.   Irregularly shaped sign: the sum of the area of rectangles, circles, ovals or triangles, or a combination thereof, necessary to enclose each face of the sign;

   C.   Sign made of individual cutout letters: the sum of the area of the rectangles necessary to enclose each letter.

SIGN, ATTACHED: "Attached sign" means a sign which is permanently mounted, connected to, fastened to, painted on or otherwise made an integral part of a building.

SIGN, FREESTANDING: "Freestanding sign" means a sign which is self-supporting, or which is integrally designed and constructed to be freestanding.

SPECTACULAR SIGN: Any blinking, revolving, highly reflective, glittering or digital sign.

SPOT ZONING: The singling out of a lot or small area for a zoning change which is out of harmony with the comprehensive plan and surrounding land to secure special benefits for a particular property owner without regard for the rights of adjacent landowners.

STREET: A thoroughfare which affords the principal means of access to abutting property, apartments, townhouses, condominiums, offices or businesses.

STREET, CURB LEVEL: "Curb level street" means a level measured from the street surface or the top of an abutting curb.

STREET LINE: The outermost boundary or property line of a street surface or the top of an abutting curb.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE: Anything constructed or erected between the ground and sky, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground.

SWIMMING POOL: A permanently installed artificial pond, generally with a sloping bottom, in which the art of swimming is learned, practiced or enjoyed.

TEMPORARY EMERGENCY, CONSTRUCTION, OR REPAIR RESIDENCE: A residence (which may be a mobile home) that is:

   A.   Located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster, or

   B.   Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed, or

   C.   Located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site.

TEMPORARY USE: A use permitted for a limited duration of time.

TOTAL HEIGHT: The distance between the ground surface level of a building or structure and the highest point of the structure.

TOWNHOUSE: Any single-family dwelling unit, including the land underneath, designed to be sold (fee simple) as a unit, but forming one of a group or series of two (2) or more attached dwellings separated from one another by common property lines, but limited to a maximum of ten (10) attached units in one group.

USABLE OPEN SPACE: Open space within a lot, tract, parcel or development site excluding areas devoted to roadways and parking. At least one-half (1/2) of all areas designated as usable open space must have a slope of less than ten percent (10%).

USE: The purpose for which land or buildings are arranged, designed, maintained or occupied.

VARIANCE: A grant of permission by the governing body that authorizes the recipient to do that which, according to the strict letter of this title, could not otherwise legally be done.

WAREHOUSE: A building used primarily for storage of products or wares, in conjunction with retail stores, not including accessory uses, such as storerooms or stockrooms. Ministorage or self- storage of household goods and similar uses shall not be construed as a warehouse use.

WHOLESALE SALES: On premises sale of goods primarily to customers engaged in the business of reselling the goods.

YARD: The space on a lot unobstructed by buildings from the ground to the sky, including sidewalks, driveways, patios, and other ground level surfaces.

YARD, FRONT: "Front yard" means the required yard between the front property line and a building or structure.

YARD OR GARAGE SALE: A commercial activity operated for no more than three (3) consecutive days. The activity shall be located at a private residence, organized and operated by the property owner on his/her property, and shall not exceed three (3) sales per year.

YARD, REAR: "Rear yard" means the required yard between a rear property line and a building or structure.

YARD, SIDE: "Side yard" means the required yard between a side property line and a building or structure.

ZERO LOT LINE: The construction of a building upon one side property line, leaving a zero setback or distance from the property line to the structure or building. (Ord. 382, 2016: Ord. 369, 2011: Ord. 356, 2009: Ord. 256 art. V, 1993)