A.

Scope. Unless otherwise expressly stated, the following words, terms or phrases shall, for the purpose of this Code, have the meanings defined in this article and elsewhere in this Municipal Code.

B.

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neutral; the singular number includes the plural and the plural the singular.

C.

Words, terms or phrases defined in other codes. Where words, terms or phrases are not defined in this Code, but are defined in federal or state laws or elsewhere in this Municipal Code laws, such words, terms or phrases shall have the meanings ascribed to them as in those laws.

D.

Words, terms or phrases not defined. Where words, terms or phrases are not defined through the methods authorized above, the Community Development Director or designee shall have the authority to interpret such words, terms or phrases.

(Ord. No. 2354, § I, 1-22-07)

A

Accessory uses and structures. (See Section 38-51)

Accessible route. (See Section 38-58)

Accessory dwelling unit. (See Section 38-53)

Adult amusement establishment means an establishment that:

1.

Provides amusement or entertainment that is distinguished or characterized by an emphasis on material depicting or relating to specified sexual activities or specific anatomical areas;

2.

Features topless dancers, exotic dancers, strippers, male or female impersonators, topless/bottomless waitering, or similar entertainment;

3.

Provides an escort or partner to its patrons, upon payment of a fee; and

4.

Supports legal activity only.

Adult bookstore/video store means a commercial establishment which has 20 percent or more of its floor space or one of its principal business purposes, offers for sale or rental or for any form of consideration any one or more of the following:

1.

Films, video tapes, video cassettes or reproductions of video cassettes, photographs, slides, motion pictures, books, magazines or other visual representations which are distinguished or characterized by their emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas;" or

2.

Instruments, devices or paraphernalia which are designated for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not include the sale or rental of material depicted or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an Adult Bookstore/Video Store if the use is a principal use based upon the visible inventory of commercial activity of the establishment. Only legal products or activities are permitted.

Aggrieved means having suffered loss or injury.

Aggrieved party or person means one whose legal right is invaded by an act complained of, or whose pecuniary interest is directly and adversely affected by a decree or judgment. One whose right of property may be established or divested. The word "aggrieved" refers to a substantial grievance, a denial of some personal, pecuniary or property right, or the imposition upon a party of a burden or obligation.

Alley means a public thoroughfare that is not a low density local or higher designated roadway which affords only a secondary means of access to abutting property. (See Section 38-58)

Amusement enterprise, temporary. (See Section 38-50)

Amusement park or enterprise means a profit-oriented, commercially-operated business with various devices for entertainment which is permanently located at one site.

Antennas. (See Section 38-59)

Apartment means one or more rooms with private bath and kitchen facilities comprising an independent self contained dwelling unit grouped together with one or more dwelling units on a single lot, parcel, or tract. A dwelling unit used exclusively for lease or rent as a residence in which an owner may reside. Not an Accessory Dwelling Unit or a Guest Dwelling.

Assisted living facility or retirement facility means a community residence(s) specifically designed for those who are able or who wish to live an independent lifestyle but may need assistance with daily chores, such as, cooking, cleaning, laundry, and/or driving. On-site, skilled nursing care or medical facilities may be permitted. Any living facility or part thereof which requires licensing by the New Mexico State Health Department shall be considered a nursing home.

Attached means the physical union of two otherwise independent structures or objects, or the relation between two parts of a single structure, each having its own function.

B

Babysitting means the care of a child of another person for remuneration in a home in which six or fewer children are cared for at any one time. (See Section 38-52)

Bar. (See Section 12-122 of the Municipal Code)

Bed and breakfast facility means a limited commercial activity, conducted for a fee, within a dwelling unit containing dining and bathroom facilities with sleeping rooms for short-term guest lodging. The owner/operator shall live in the dwelling, in another dwelling on the property, or on property adjacent to the Bed and Breakfast Facility. (See Section 38-53)

Block means property bounded on all sides by one or more of the following: a street, railroad, right-of-way, waterway, un-subdivided areas, or other definite boundaries. (See also City's Subdivision Code)

Block face means one side of a Block, as defined.

Boarding or breeding stable means a facility used for the boarding, breeding, or raising of large animals, e.g., horses.

Boardinghouse means a dwelling unit, other than an apartment, hotel, motel, or tourist facility, including more than two rooms that are intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units, where for compensation and by pre-arrangement for more than two weeks, food and lodging are provided, including sorority and fraternity houses. The term compensation shall include money, services or other things of value.

Body shop means a shop where vehicle exteriors are structurally repaired, replaced or reconditioned. Waxing, pre-fabrication, stripping, or similar activity shall not be considered bodywork.

Bufferyard means an area between the property line and a potential structure that may have landscaping, drainage facilities, walls and fences, but not parking.

Buildable depth means the depth of the lot remaining to be built upon after the required front and required rear yards are provided.

Buildable width means the width of the lot remaining to be built upon after the required side yards are provided.

Building means any structure as defined in Chapter 30 of the Municipal Code.

Building height means the height of a building measured from the lowest adjacent ground surface level to the highest point of the building or from the elevation of the adjacent ground, whichever is lower.

Building projection. (See Section 38-62)

C

Cafe means a Restaurant of less than 1500 square feet and not providing drive-in, drive-up or exclusively carryout service.

Cannabis industry means a 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; or

8.

Purchases, acquires, sells or transports wholesale cannabis products to other cannabis establishments.

Cannabis microbusiness means a 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 research laboratory means a 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 retailer means a person that sells cannabis products to qualified patients, primary caregivers, reciprocal participants or directly to consumers.

Canopy. (See Section 38-45)

Change in land use. (See Article VII)

Child Care Center or Preschool means a service provided for the day or night care of children in compliance with the Las Cruces Municipal Code and State law and regulation as follows:

•

Home Occupation (1—12 children). See Sections 38-33B and 38-52C.6.

•

Family Child Care Home (5—6 children). See Section 38-33D.

•

Group Child Care Home (7—12 children). See Section 38-33D.

•

Child Care Center (any number of children). See Section 38-33D.

City means the City of Las Cruces, New Mexico.

City Council means the governing body of the City.

Clear sight triangle means an area of unobstructed vision at street intersections and intersections of multiple parking areas (parking lots) entrances/exits permitting a vehicle driver to see approaching vehicles to the right or left. (See Section 32-405 of the Municipal Code)

Clinic means an establishment where people are not lodged overnight, but are treated by a State-licensed health care provider or a group of providers practicing together.

Club means buildings and facilities owned or operated by a corporation, association, person or persons for a social, intellectual, educational, secular or recreational purpose, but not for religious purposes or profit; includes lodge.

Collocation. (See Section 38-59)

Communication structures. (See Section 38-59)

Commercial purposes. (See Section 38-59)

Community Garden means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family but excludes the cultivation of cannabis.

Comprehensive plan means the Comprehensive Plan for the City of Las Cruces adopted by the City Council on March 1, 1999, and as may be amended.

Conditional use means a land use that is permitted within a specific zoning district with specific conditions. (See Section 38-53)

Condominium means a residential, professional, commercial, office, or industrial development, in which each unit is owned individually, whether the unit includes the ground beneath, 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.

Convenience store means a general retail store containing less than 1,500 square feet of gross floor area that sells general merchandise, goods and services and may include ready-to-eat food products, groceries, sundries, and fuel.

Cottage industry means any manufacturing, compounding, and/or assembly process, including food preparation, which is subordinate to a primary use of retail sales or service. This use is not to be confused with or treated as a home occupation. (See Cottage Industry land use listings in Section 38-33I)

Cul-de-sac. (See the City's Subdivision Code and Design Standards)

Curb cut. (See Section 38-58)

D

Dedicated easement means a public easement that is dedicated for public use and is recorded as such in the office of the County Clerk. (See the definition of Easement)

Designated, disabled parking stall. (See Section 38-58)

Display means merchandise offered for sale inside or outside a building which can be viewed and/or accessed by the customer for purchase without requiring a clerk's assistance for viewing the merchandise, including tobacco products and spray paint. See the definition of "storage."

District means any zone of the City of Las Cruces within which certain zoning and land use requirements are specified and are uniform, and which are designated on the Official Zoning District Map.

Duplex means two dwelling units.

Dwelling, multiple-family: triplex, quadplex means a building or buildings designed for three or more families occupying separate, attached, or detached living units.

Dwelling, one dwelling unit means a building designed for and occupied exclusively for residential occupancy and having customary kitchen facilities necessary for a single housekeeping unit.

Dwelling, two-family or duplex means a building or buildings designed for two families occupying separate, attached, or detached living units.

E

Easement means a non-possessing 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 his land. (See Dedicated Easement) See "easement" in the City's Subdivision Code.

Expansion. (See Article VII)

F

Facial mount. (See Section 38-59)

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

Fence. (See Section 38-60)

Flea market or open market means an open-air market in which spaces are rented or leased for the purpose of selling second-hand articles and home crafts.

Floor area means 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.

Floor-to-area ratio means the total gross square footage of a structure or building divided by the total square footage of the lot, parcel, or tract on which the structure or building exists or is to be placed.

Fraternity house or sorority house means a dwelling with sleeping rooms or a dormitory used for occupancy by individuals in a recognized organization, and in which kitchen facilities are for the common use of all occupants. (See Boardinghouse)

Frontage means a specified distance measured along a right-of-way property line or access easement.

G

Gas station/filling station means a business where the primary use is to sell motor vehicle fuels at retail prices.

Grandfather clause. (See Article VII)

Ground surface level means that surface of a yard which directly abuts a wall, fence, building, or structure, or the average grade level, whichever is most appropriate.

Guest dwelling. (See Section 38-53)

H

Halfway house means 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 for the disabled means a community residence for persons who are physically disabled, developmentally disabled, psychiatrically disabled, mentally ill or for persons who have drug or alcohol problems; or are persons who have disabilities associated with aging. A community residence serving ten or fewer persons (See NMSA 3-21-1C) is considered a residential use of property for purposes of zoning, and is a permitted use in all districts in which residential uses are permitted generally, including particularly residential zones for single-family dwellings. A community residence serving more than ten persons is permitted in the R-2, R-3, and R-4 zoning districts. A community residence pursuant to this definition does not include skilled nursing care homes. (See Section 38-33A)

Home occupation. (See Section 38-52)

Horticulture means the use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod, but excludes the cultivation of cannabis.

Hotel means a building in which lodging and/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.

H.U.D. means the federal Department of Housing and Urban Development.

I

Infill parcel. (See Section 38-47)

Institution means the use including structures dedicated to public or non-profit service.

J

Junkyard means the use of a property of any size for the storage, handling, dismantling, wrecking, keeping, or sale of any tangible scrap materials.

K

Kennel/cattery, commercial. (See Chapter 7 of the Municipal Code)

Kennel/cattery, private residential. (See Chapter 7 of the Municipal Code)

Kitchen means an area used for food preparation containing a sink and any form of cooking apparatus. Plans which only incorporate provisions for such apparatus (i.e. plumbing or electrical rough-ins), shall be considered on an equal basis as a complete facility for purposes herein defined.

L

Less restrictive district or zone means a zoning district in which the uses, requirements, and development standards are predominantly less intensive or are limited to a lesser extent than other zoning districts. (See Article VII)

Lot means a portion of a legally platted subdivision that is shown as a lot, tract, or parcel of land and held in separate ownership, as shown on the records of the County Assessor. A legal lot is a parcel that has been divided in accordance with present or past zoning and subdivision requirements. See "lot" in the City's Subdivision Code.

Lot, corner means a lot abutting upon two or more streets or rights-of-way at their intersection.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage means an interior lot fronting on two streets. One frontage shall be designated as the primary front yard.

Lot, flag means a lot, parcel or tract of land that includes a private access way (the pole) extending to a public right-of-way to provide access to the rest of the lot (the flag). The private access way has less frontage on a public right-of-way than the normally approved minimum roadway frontage. (See Section 38-62)

Lot, interior means a lot other than a corner lot.

Lot of record means a legal lot, tract, or parcel, the map or deed of which has been recorded in the office of the County Clerk of Dona Ana County prior to the effective date of this Code.

Lot, triple frontage means a lot fronting on three streets. One frontage shall be designated as the primary front yard.

Lot width means the width of a lot at the designated front property line.

M

Main dwelling means the primary dwelling on a property zoned for residential use. (See Section 38-51)

Micro-brewery/micro-pub. (See Cottage Industry definition and Section 38-33I)

Ministorage unit means small storage units, each used for the sole purpose of domestic storage for individuals and strictly prohibiting a business being carried on out of a storage unit.

Manufactured housing. (See Section 38-57)

Mobile home. (See Section 38-57)

Mobile home park. (See Section 38-57)

Mobile home space. (See Section 38-57)

Modular building means a 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, Manufactured Housing, Mobile Homes, or site built buildings at a building site. A Modular Building can be used for residential or nonresidential uses when located in appropriate zoning districts. (See Section 38-57)

More restrictive district or zone means a zoning district in which the uses, requirements, and development standards are predominantly more intensive or are limited to a greater extent than other zoning districts. (See Article VII. Nonconforming Uses, Structures and Property)

Motel, motorcourt, motor hotel, motor lodge means 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.

N

Nonconforming. (See Article VII)

Lot, Parcel or Tract of Land

Use

Structure

Site Design Feature

Nuisance. (See Chapter 18 of the Municipal Code)

Nursing home means a community residence that provides on-site, skilled nursing care, intermediate care or full medical facilities. Living facilities that provide any personalized care and require licensing by the New Mexico State Health Department shall be considered as nursing homes.

O

Open space means that area of a lot, tract, or parcel not devoted to any building or structure, driveway, parking lot or stall, or street.

P

Patio home means a detached single-family dwelling unit built on one side property line, Zero-Lot Line, and not considered a Townhouse. (See Section 38-62)

Parking lot. (See Section 38-58)

Planning and Zoning Commission. (See Section 38-10)

Porch means a roofed patio entrance or exit area, open on at least one side.

Prefabricated housing unit means a structure of which the standardized integral parts (walls, roof, windows, etc.) are factory-fabricated so that construction consists mainly of assembling and uniting the standardized integral parts at the building site, 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. Prefabricated units may be used for residential or commercial uses when located in appropriate zoning districts. (See Section 38-57)

Private purposes. (See Section 38-59)

Property line means the official boundary of a parcel, lot, or tract of land as designated by either a metes and bounds description or subdivision plat filed in the records and maps of the County Clerk.

P.U.D. Planned Unit Development. (See Section 38-49)

Q

Quadplex means four dwelling units.

Quasi-institutional house. (See Halfway House)

R

Reconversion means the removal of a kitchen from an Accessory Dwelling Unit due to the denial (renewal or initial request), expiration, or termination of a special use permit pursuant to Section 38-54.

Recreational Vehicle. (See Section 38-57)

Recreational Vehicle Park. (See Section 38-57)

Recreational Vehicle Space. (See Section 38-57)

Recreational Vehicle Storage Area. (See Section 38-57)

Related to the family means an individual maintaining direct consanguineous or affinity ties with the property owner/spouse of record.

Religious institution means non-secular activities of a non-profit organization with a membership of more than ten persons. A secular commercial use associated with a religious use 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 religious use for the purpose of this Code.

Restaurant means an establishment where food is prepared, served and/or consumed. Restaurants shall be classified as follows:

Fast Food. An establishment that sells food, usually in disposable containers, and may include drive-in or drive-up facilities for ordering.

General or Standard. An establishment that sells food for consumption on or off the premises.

Take-Out. An establishment that sells food only for consumption off the premises.

(See also Section 12.122)

Riding school or stable means any place that has available for hire, boarding and/or riding instruction, e.g., any horse, pony, donkey or mule.

Right-of-way means any land area deeded, reserved, or otherwise acquired by the City, the County, or the State of New Mexico for public use, e.g., roads, streets.

Roof means an overhead structure used for protection or shielding from the sun, rain, or other elements of weather.

Room. (See Section 38-62)

S

Satellite Service Device. (See Section 38-59)

School, commercial means a conservatory, trade or business school operated for a profit that is not approved by the State as a kindergarten, elementary, secondary or post-secondary school, and where the primary function is instruction or teaching.

School, private means a school that may be approved by the State with a curriculum the same as ordinarily given in a public kindergarten, elementary, junior high/middle school, or high school.

Screening means the use of a wall, fence, thick shrubbery, or similar materials to minimize the potentially adverse impact of one land use on another.

Setback means the right angle distance from a point on a property line. See also "Building Setback" in the City's Subdivision Code.

Shopping center/business-service center means a group of two or more separate, approved nonresidential uses which are planned, constructed, developed, owned or managed independently or as a total entity which share access, parking, drainage, or landscaping. Approved land uses are only those allowed, those allowed with conditions or those requiring a special use permit within the zoning district where the shopping center/business-service center is located. Other land uses may be approved as part of a planned unit development.

Site-built means a structure that is constructed from materials brought to the site and modified for assembly. Some materials may be assembled off-site, but must be assembled on site to make a complete structure. This does not include a manufactured home, mobile home, or recreational vehicle.

Special use. (See Section 38-54)

Specified anatomical areas means and includes the male genitals in a state of sexual arousal or the vulva or more intimate parts of the female genitals.

Specified sexual activities means and includes any of the following:

1.

The fondling or other erotic touching of human genitals, pubic region, anus, buttocks, or female breasts; or

2.

Sex acts, normal or perverted, including intercourse, or oral copulation or sodomy; or

3.

Masturbation; or

4.

Excretory functions as part of or in connection with any of the activities set forth in "1" through "3" above; and

5.

Does not include illegal acts.

Storage means materials, equipment and supplies not for sale as well as merchandise that is kept separate from public areas and is not intended to be viewed in the storage areas by customers for purchase. See the definition of "display."

Story means the same as defined in the Las Cruces Building Code. (See Chapter 30)

Street, curb level means a level measured from the street surface or the top of an abutting curb.

Street line means the outer most boundary or property line of a street right-of-way that is the mutual property line of abutting properties.

Street, private means a private roadway that affords the traffic circulation within a development or parcel of land and gives access to uses and structures. (See also the definition of Lot, flag, and Section 38-62)

Street, public means a public thoroughfare that affords the principal means of access to abutting property.

Structure. (See Chapter 30 of the Municipal Code.)

T

Temporary uses. (See Section 38-50)

Time rental riding facilities means a facility in which, for example, saddle horses or ponies, are rented to the general public.

Total height means the distance between the lowest ground surface level of a building or structure and the highest point of the structure.

Tower. (See Section 38-59)

Townhouse means 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 or more attached dwellings separated from one another by common property lines. (See the definition of Patio home, Zero lot line dwelling, and Section 38-62)

Trailer. (See Section 38-57)

Triplex means three dwelling units.

U

Usable open space means open space within a lot, tract, parcel, or development site excluding areas devoted to roadways and parking.

Use means the purpose for which land or structures are arranged, designed, maintained, or occupied.

V

Vacant land. (See Article VII)

Variance. (See Section 38-10)

Vertical structure. (See Section 38-59)

Veterinary facility means any establishment maintained and operated by a licensed veterinarian.

W

Wall. (See Section 38-60)

Wall, common. (See Section 38-60)

Wall, retaining. (See Section 38-60)

Warehouse means a building used primarily for storage of products or wares, in conjunction with retail or wholesale stores, not including uses, such as storerooms or stockrooms. Mini-storage or self-storage of household goods and similar uses shall not be construed as a warehouse use.

Y

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

Yard, required front means the required yard between the designated front property line and the front setback line.

Yard, required rear means the required yard between the designated rear property line and the rear setback line.

Yard, required side means the required yard between the designated side property line and the side, front and rear setback lines.

Youth hostel means a temporary lodging facility geared toward youth wherein kitchen, dining, and bathroom facilities are typically communal in arrangement and sleeping quarters private.

Z

Zero lot line dwelling means the construction of a building, e.g., Patio Home, upon one side property line, leaving a zero setback or distance from the property line to the structure or building. (See Section 38-62)

(Ord. No. 2354, § I, 1-22-07; Ord. No. 2986, § (I)(Exh. A), 9-7-21)