The following rules apply to definitions listed in this chapter:

(a)

Any numbers, abbreviations, terms or words defined in this section shall be used and interpreted, only as defined in this chapter. All other numbers, abbreviations, terms, and words shall have their generally accepted meaning.

(b)

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the future tense include the present tense; words used in the plural number include the singular and words used in the singular include the plural.

(c)

The words "shall" and "will" are mandatory. The word "may" is permissive. The word "structure" includes a "building"; the word "building" or "structure" includes any part thereof. The word "person" includes an individual, a partnership, a corporation, an incorporated association of persons such as a club, and a public entity.

{d)

Words not defined in this chapter but which are defined in the New Mexico Building Code as adopted by the county are to be construed as defined therein.

(e)

Measurements involving restricted uses identified in article III shall be measured from the nearest point of the exterior wall of the restricted use to the nearest point of the exterior wall of any protected use, i.e. an adult entertainment use shall be measured from the nearest point of the exterior wall of the proposed adult entertainment use to the nearest point of the exterior wall of any protected use (school or daycare center) or to the nearest edge of the residential zone district boundary.

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

Abandoned sign means any sign which, for a period of at least 60 consecutive days or longer, no longer advertises or identifies a legal business establishment, product, or activity. See division 8, Signage.

Abut means to touch or share a common property line.

Access means a way or means of approach to provide vehicular or pedestrian physical ingress and egress to a property or use.

Accessory dwelling unit means a dwelling unit that is accessory to a primary single-family or two-family detached dwelling. Accessory dwelling units are located on the same lot, may be attached to the primary dwelling, contained within the primary dwelling, or built as a detached accessory structure and must contain a separate kitchen.

Accessory structure means a structure detached from and located on the same lot as a primary building, clearly incidental and subordinate to the primary building or use. Accessory structures include but are not limited to shade structures such as covered patios, gazebos, pergolas, ramadas, or similar roofed structures. A structure attached by wall or roof to the main building is not an accessory structure but is a part of the main building. See also building and structure.

Accessory use means a use incidental and subordinate in use, area, or purpose to the primary use of the premises or lot.

Addition means an extension or increase in floor area or height of an existing building or structure.

Adjacent means those properties that are abutting or separated only by a street, alley, or trail. For example, an industrial zone district across the street from a residential zone district is adjacent to that zone district.

Administrative deviation means a minor modification to zoning or development standards that may be approved administratively without requiring a variance, provided it meets specific criteria outlined in the development code.

Adult entertainment means an establishment such as an auditorium, bar, cabaret, concert hall, nightclub, restaurant, theater, or other commercial establishment, other than an adult retail establishment, that provides amusement or entertainment featuring live entertainment, audio and/or video displays or other graphic representations that are intended to provide sexual stimulation or sexual gratification and is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.

Adult retail means an establishment where 50 percent or more of its gross area is devoted to sell or rent the following adult materials that include, but are not limited to, books, magazines, newspapers, films (video tapes and/or DVDs), slides, photographic or written material, and other items or devices that are distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities. Adult retail is a primary use and is not accessory to any other use.

Agent means a person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner, contract purchaser, or other person. Also see "owner."

Alley means a public right-of-way or private way providing secondary access to abutting property or primary vehicular access to residential properties, minimizing or eliminating the need for driveway access to the street.

Alteration means any construction or renovation to an existing structure other than a repair or addition.

Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b) as may be amended.

Applicant means any person who submits a development application requesting a development permit or approval authorized by this Code.

Application means a formal request made by an applicant and/or agent to initiate any action as provided in this chapter, using forms provided by the community development department for this purpose.

Architectural lighting means lighting designed to reveal architectural beauty, shape, or form and for which lighting for any other purpose is incidental.

Area, floor means the area of all floors, including a basement, in a building, exclusive of exterior courts, garages and carports. All horizontal dimensions are taken from the exterior faces of walls, including enclosed porches.

Area, gross means the 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.

Area, net building means the area of a horizontal plane within the property lines of a lot, less the area of all land designated for public use and less the area of all required yards.

Art gallery means a building, room, or series of rooms where works of art are exhibited for display or sale.

Artisan manufacturing means an establishment or business where an artist, artisan, or craftsperson teaches, makes, or fabricates crafts or products by hand or with minimal automation and may include direct sales to consumers. This definition includes uses such as small-scale fabrication, manufacturing, and other industrial uses and processes such as welding and sculpting, as well as incidental storage, wholesaling of products manufactured at the facility, and direct sales to consumers. Also see "light manufacturing and heavy manufacturing".

Assisted care facility means a facility that provides a combination of housing, supportive services, personalized assistance, and health care services designed to respond to the individual needs of those who need help with activities of daily living. Such facilities may include separate bedrooms or living quarters, a central or private kitchen, dining, recreational, and other residential accessory uses. The use does not include a "hospital" or a "group residential facility".

Backlight means light emitted in the quarter-sphere below horizontal and in the opposite direction from the intended orientation of the luminaire. For example, light visible from a property behind a curb-mounted streetlight is backlight.

Balcony means an unenclosed platform projected from a wall of a building or structure above the first-floor level and gaining sole access from said building or structure.

Banner means any sign of lightweight fabric or similar material with no enclosing framework. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Bar means an establishment having as its primary or predominant uses the serving of beer, wine, or liquor for consumption on the premises, but that does not meet the definition for tap room, microbrewery, or tasting room.

Bed and breakfast means a low-density residential development with a permanent resident and up to five guestrooms which may be rented for short term overnight lodging with breakfast served to overnight guests only.

Bedroom means any room in a dwelling that is partitioned by walls and doors, other than the following: kitchens, living rooms, dining rooms, family rooms, baths, foyers, corridors and closets (all as defined in articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code)).

Billboard means an off-premise, freestanding sign which advertises or directs attention to a business, product, service, or event. None of the products or services may be conducted, sold, or offered on the premises where the billboard is located.

Block means a unit of land bounded by streets or by a combination of streets and public land or any other barrier to the continuity of development.

Breezeway means a roofed, open-sided passageway which provides direct access between buildings.

Buffer means open spaces, strips of land, landscaped areas, fences, walls or any combination of the same, used to physically separate and screen one use or property from another to visually shield or block noise or lights.

BUG means the IES TM-15 luminaire classification system describing the amount and location of light being emitted from a luminaire.

Building means an independent, fully enclosed structure built and maintained for the support, shelter or enclosure of persons, animals, or property of any kind.

Building height means the vertical distance above finished grade measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the midpoint of the highest gable of a pitched or hipped roof.

Building, main or primary means a building where one or more permitted or conditional uses are conducted. There may be more than one main building on a lot depending on the zone district designation.

Business means a legal entity operating an enterprise in a space separate from any other enterprise.

Caliper means the diameter of the main stem of a tree or shrub measured eight inches above the ground.

Campground or RV park means a lot developed or used for the temporary occupancy of recreational vehicles (RV) or shelters such as motor homes, travel trailers, camper vehicles, tent shelters and the like.

Cannabis means all parts of the plant genus Cannabis as defined by the Cannabis Regulation Act ("Act"), as may be amended.

Cannabis cultivation and manufacturing facility means a facility in which cannabis is grown, harvested, dried, cured, or trimmed for consumption by smoking or inhalation, or cannabis is processed into products intended for use or consumption other than by smoking or inhalation, including but not limited to, edible products, ointments, and tinctures.

Cannabis retail means a retail sales establishment licensed by the state to sell cannabis products to qualified patients, primary caregivers, and reciprocal participants as defined by the Act, or directly to consumers.

Canopy means a covered structure with at least one side open for pedestrian or vehicular access for motor vehicle service stations or similar uses.

Caretaker unit means a dwelling unit for a person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision, or security of the real or personal property of the employer which is located on the same lot.

Car wash. See "vehicle wash".

Carport means a permanent roofed structure with not more than two enclosed sides used or intended to be used for motor vehicle storage.

Cemetery means a place dedicated to the interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof.

Character means those attributes, qualities, and features that make up and distinguish a development or neighborhood and give such development or neighborhood a sense of purpose, function, definition, and uniqueness.

Club means an 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 group organized solely or primarily to render a service as a business for profit.

Collocate means the same as defined by the FCC in 47 C.F.R. § I.6002(g), as may be amended.

Color rendering index (CRI) means a quantitative measure, on a scale of Oto 100, of artificial light's ability to render an object's natural color, with 100 being a good match for natural light.

Commercial means any activity involving the provision of services carried out for profit, including but not limited to the purchase, sale or other financial transaction involving the handling or disposition of any article, substance or commodity; or the management of office buildings, offices, recreational, or amusement enterprises; or the maintenance and use of offices, structures, and premises by professions and trades rendering services; by for profit or not-for-profit uses.

Community development director means the director of the County of Los Alamos Community Development Department or their designee.

Community garden means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by individuals or collectively by members of a group or organization.

Common open space means outdoor area that is accessible to all residents within a development, which may be owned in undivided interest by all the residents of the development, and it may remain in its natural state, landscaped or improved for passive or active recreational activities.

Compact parking space means a parking space designed by reducing the depth of the stall to 18 feet meeting the requirements of section 16-33.

Comprehensive plan means the plan adopted by the county to guide overall growth and development and capital improvement planning in the county including amendments to that plan.

Conditional use means a use which has been determined to be compatible with the purposes of the zone district, but which has one or more characteristics that could make it incompatible with other uses in the zone district; and as further described by this chapter. Conditional uses are allowable in a particular zone district subject to conditional approval by the planning and zoning commission based on a review of potential adverse impacts of the use and any appropriate mitigations to minimize those impacts on nearby properties.

Conditional use permit means a permit for a use classified as a conditional use, as detailed elsewhere in this chapter.

Condominium means an 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.

Contiguous means in contact with or sharing a common border, boundary, or property line.

Continuous lighting means a street lighting system made up of regularly spaced luminaires along the street. Criteria typically defines minimum and maximum illuminance values and overall uniformity along the lighted area.

Contractor facility or yard means a building and related outdoor area used to store and maintain construction equipment and materials including but not limited to plumbing, electrical, carpentry, roofing, and landscaping, and facilities customarily required in the building trade by a construction contractor.

Corner lot means a lot located at the intersection of and having frontage on two or more streets.

Correlated color temperature (CCT) means measured in degrees Kelvin (K). A specification for the color appearance of the light emitted by a lamp.

Cottage development means see "dwelling, cottage development".

County means the Incorporated County of Los Alamos (also "Los Alamos County," "County of Los Alamos", or "County"), New Mexico.

County attorney means the attorney for the County of Los Alamos.

County clerk means the elected clerk of the County of Los Alamos or his agent.

County council means the elected county council for the County of Los Alamos.

County engineer means the engineer for the County of Los Alamos or their designee.

County manager means the manager for the County of Los Alamos or their designee.

County public works director means the public works director for the county or their designee.

County surveyor means the surveyor of the county or their agent

County utilities manager means the utilities manager for the county or their agent.

Court and courtyard means an open, structurally unoccupied space, other than an open yard, on the same lot with a main building, and bounded on two or more sides by such building or exterior walls or fences.

Crosswalk means the portion of a pedestrian walkway which intersects and crosses a street.

Cul-de-sac means a street with one end open for vehicular and pedestrian access and the other end terminating in a vehicular turnaround.

Daycare center means a business in a non-residential setting that is licensed by the county and state to provide care, service, and supervision for less than 24 hours per day to children or adults and meeting the applicable state and local building and safety codes.

Daycare facility means a private dwelling that provides care, services and supervision for a period of less than 24 hours of any day for at least five but no more than seven children at one time who do not normally reside in the home, provided that such center is licensed by the county and state and conducted in accordance with county requirements.

Daycare home means a business in a private 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; provided, however, that such center is licensed by the county and conducted in accordance with county requirements.

Deck means a roofless outdoor space built as an above-ground platform, freestanding or attached, projecting from the wall of a structure and supported by posts or pillars.

Decision-making authority means the community development director, the planning and zoning commission, or the county council, as appropriate, given the authority to take the action in question under this County of Los Alamos Development Code.

Density means the ratio of dwelling units permitted to gross land area.

Developer means any individual, corporation, company, firm, partnership, joint venture, or other entity responsible for land platting or construction or placement of any structures or infrastructure on a lot.

Development means the 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, subdivision of land, or activities to prepare land for construction or installation, such as grading.

Development code means this chapter 16 of the Los Alamos County Code of Ordinances.

Development plan means the master schematic layout prepared as part of a planned development overlay (PD-O) zone district submittal for an individual site or subdivision which summarizes the general project concept, allowable land uses, densities and development standards, and which shows developable and undevelopable areas, major streets, utilities, drainage ways, recreation and open space areas, buffers to adjacent land uses, and proposed general development areas.

Diffusion means the scattering of light by reflection or transmission when light strikes an irregular surface, such as a frosted lens.

Direct light means the portion of light from a luminaire that arrives without being reflected.

Discretionary means that the proposed land use is allowed under the applicable zoning regulations. Conditions may be imposed to ensure compatibility with the surrounding area and consistency with the goals of the applicable zoning ordinance or comprehensive plan.

Dissolve or fade means a mode of message transition on an electronic message center sign in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

Dormitory means a building affiliated with an educational, research, civic, or non-profit institution that is divided into individual or small group living spaces for institution members, typically reserving common spaces for living and cooking.

Drainage facility means a system of structures for collecting, conveying, and storing surface and stormwater runoff. These include but are not limited to streams, natural swales, pipelines, channels, ditches, arroyos, acequias, wetlands, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and manmade.

Drive-in or drive-through facility means the portion of a commercial establishment which is designed and operated for the purpose of serving a motorist in a vehicle.

Driveway means an unobstructed area with a stabilized surface which provides access along a public street for the purpose of vehicular ingress and egress between the public right-of-way and an adjoining property. Also referred to as accessways, curb cuts, and turnouts.

Dwelling means a building or portion of a building designed and intended to be used by a person or family for private residential occupancy. A dwelling has its own separate entrance, permanent plumbing, and is equipped with facilities for sleeping, bathing, and cooking. (Also known as a 'residence')

Dwelling, co-housing development means a medium to high-density residential development in which multi-family dwellings may share access, parking, common spaces, kitchens, and dining rooms.

Dwelling, cottage development means a low-density residential development in which multiple attached or detached single-family dwellings share access, parking, and common spaces, and sometimes community buildings including a larger community kitchen and dining room. Cottage development can include homes on individual lots, homes owned as condominiums, or leased homes.

Dwelling, duplex means a single residential building containing two dwelling units, each of which is designed for or occupied by one family only, with kitchens for each. Each unit in a duplex is completely separated from the other.

Dwelling, fourplex means a single residential building on a single lot comprised of four separate and self-contained dwelling units, each of which is designed for or occupied by one family only.

Dwelling, live/work means a residential dwelling unit containing a dedicated working space reserved for and regularly used by one or more residents of the dwelling unit, and in which the type or size of the work performed is larger or more extensive than that allowed as a home occupation. See also "home occupation".

Dwelling, manufactured home means a single-family dwelling unit with a heated area of at least 36 by 24 feet and at least 864 square feet that has been constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2, as may be amended, or the International Building Code as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act.

Dwelling, mobile home ("mobile home") means a transportable structure that does not meet the construction safety standards of the federal Manufactured Housing Act of 1974.

Dwelling, multiple family means a residential building, multiple buildings, or a portion of a building located on a single lot, containing five or more dwelling units, each of which is designed for or occupied by one family only, with separate housekeeping and cooking facilities for each.

Dwelling, single-family means a residential building used for occupancy by one household that is not attached to any other dwelling unit through shared side or rear walls, floors or ceilings, or corner points.

Dwelling, temporary means a portable dwelling, not attached to a permanent foundation, for use during temporary events or construction periods.

Dwelling, townhouse means an individually owned, single-family dwelling constructed as a group of three or more attached single-family dwellings, each of which is situated on an individually owned, subdivided lot.

Dwelling, triplex means a single residential building located on a single lot containing three separate and self-contained dwelling units, each of which is designed for or occupied by one family only.

Dwelling unit means one or more rooms designed for or 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.

Dynamic frame effect means a visual effect on a frame in which the illusion of motion and/or animation is used on an electronic message center sign or a digital multiple message sign.

Easement means a legal right to use another's land for a specific purpose. The purpose may include, but is not limited to, installing and maintaining stormwater drainage, water and sanitary sewer lines, fire hydrants, landscaping, and other infrastructure improvements. Easements may also be granted for access, open space, view protection, or other specific uses.

Efficacy means measured in lumens per watt (lm/w), luminous efficacy is a measure of how well a light source produces visible light for the amount of energy consumed.

Electric vehicle charging station means a facility or area where electric-powered or hybrid-powered motor vehicles can obtain electrical current to recharge batteries and that is accessory to a primary use of the property.

Electronic message center sign (EMC) means an on-premises permanent sign on which the message is changed by electronic process. Messages displayed include, but are not limited to, copy, art, graphics, time and temperature, public service announcements, and advertising of products or services.

Equestrian trail means a trail or pathway intended for use by persons on horseback or pedestrians.

Establishment means a place of business, industry, institutional, or philanthropic activity, with its furnishings and staff.

FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.

Façade means that portion of any exterior elevation of a building extending vertically from normal grade to the top of a parapet wall or eaves, and horizontally across the entire width of the building elevation.

Façade, front means the street-facing principal façade that is parallel to and closest to the front lot line and that typically contains the front door or primary pedestrian entrance.

Façade, side means any façade that faces a side lot line that abuts another lot. A façade that faces a side lot line that abuts a street is considered a street-facing façade for the purposes of this Code.

Façade, street-facing means any façade that faces and is within 20 feet of a property line abutting a street, not including alleys. A building may have more than one street-facing façade.

Façade variation means shifts in the plane of walls, setbacks, reveals, overhangs, in order to create variations within a building's façade.

Fair means an organized event or set of events, including but not limited to musical performances and plays, usually happening in one place for a designated period of time with its own social activities, food, or ceremonies, and accessory sales of retail goods.

Family means one or more persons living together as a single household in a dwelling unit, whether or not they are related by blood, marriage, or legal adoption. This does not include occupants of a hotel, motel, group care facility, assisted care facility, dormitory, or similar arrangements.

FCC means the "Federal Communications Commission", as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. § 151 et seq. or its duly appointed successor agency.

Fence means any man-made structural device forming a physical barrier to enclose, screen, or separate areas.

Final Plat means a final graphic and written representation of a subdivision, prepared for recording with the County Clerk, that shows the lot or lots with survey reference ties to permanent survey monuments, streets, alleys, easements, blocks, building envelopes, public and/or private infrastructure improvements, utilities, and other elements of the subdivision, as applicable.

Financial institution means an establishment chartered under federal or state law that provides financial services or administration, such as retail banking, mortgage lending, or check-cashing services, to individuals and businesses.

Finished grade means the final elevation of the ground surface after completion of authorized development and associated man-made alterations of the ground surface such as grading, grubbing, fillings, or excavating.

Fitness center means a non-medical service establishment intended to maintain or improve the physical condition of persons that contains exercise and game equipment and facilities, steam baths and saunas, or similar equipment and facilities.

Fixture height means height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.

Flag means any fabric, banner, or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, or other entity.

Flag lot means a lot not fronting on or abutting a public roadway where access to the public roadway is limited to a narrow private right-of-way.

Floor area, gross means the sum of the total horizontal areas of the several 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 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.

Footcandles means a unit of illumination equal to one lumen per square foot.

Frame means a complete, static display screen on an electronic message center sign.

Frontage means the side of a lot abutting a public right-of-way.

Fully shielded means a luminaire that is constructed and installed so that all light is directed downward below the horizontal plane, with no light emitted above the fixture's lowest light-emitting part. The shielding must be integral to the fixture and effective at all angles.

Funeral home or mortuary means a building or part thereof that is used for human funeral and/or burial services. Services may include, such as embalming, cremation, and other preparations of the deceased for burial. Other uses consistent with these services include the storage of caskets, funeral urns, and other related funeral supplies, the storage of funeral vehicles, and facilities for cremation. A funeral chapel is permitted as an accessory use.

Garage means a portion of a main building or a detached accessory building, having a roof and enclosed by walls on not less than three sides, and designed or used for the housing of vehicles, but not including a parking structure.

Garage or yard sale means the occasional sale of household goods from a residential premise to the public, but not including the sale of new or used commercial goods not previously used as household goods by the individuals conducting the sale or goods purchased by the household specifically for resale.

Gate means an opening of part of a wall or fence that permits ingress and egress.

Glare means the visual sensation created by luminance (or brightness) that is significantly higher than the surrounding luminance that the eyes are adapted to, causing annoyance, discomfort, or loss in visual performance and visibility (disability glare).

Golf course means a tract of land laid out with a course for playing the game of golf, including any fairways, accessory clubhouses, driving range, office, restaurant, concession stand, pro shop, maintenance building, or similar accessory uses or structure.

Grade means the average elevation of the finished ground surfaces immediately adjacent to each façade of a building. When applying to a street or other area, the term "grade" means the slope in percentage terms.

Greenhouse means a building or structure constructed chiefly of glass, plastic or translucent material, cloth or lath which is devoted to the protection or cultivation of flowers or other tender plants.

Ground cover means any landscaping material other than permanent hard surfaces (i.e., sidewalks, driveways, structures) which covers the natural earth. The definition includes living matter (plants) and non-living materials (rock outcroppings).

Ground-mounted mechanical equipment means any mechanical equipment, appliance, device, ducting, or similar features located at finished grade.

Group care facility means any congregate residence or facility which provides room and board, programmatic services, care, or assistance for persons that meet the definition of a handicapped person or another person protected against housing discrimination under the federal Fair Housing Act Amendments of 1988 (as amended). This use does not include halfway houses for persons in the criminal justice system or residential facilities to divert persons from the criminal justice system, nor does it include facilities for persons who require such services by reason of the effects of current alcohol or drug abuse.

Group residential facility means any congregate residence or facility which provides room and board, programmatic services, care, or assistance for persons in the criminal justice system or residential facilities to divert persons from the criminal justice system or persons who require such services by reason of the effects of current alcohol or drug abuse.

Guest means a social visitor or any person hiring or occupying a room for living or sleeping purposes.

Guest house means a separate, independent accessory structure located on the same lot as a primary single-family residential dwelling that does not contain a kitchen as defined by this Code.

Guestroom means a room in a residential dwelling, having no kitchen, for the occupation by one or more guests.

Heavy manufacturing means industrial operations relying on the assembly, fabrication, or processing of goods and materials using processes that may include outdoor activities and ordinarily have greater impacts on the environment on the use and enjoyment of adjacent property in terms of truck traffic, railroad activities, noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not meet the definition of light manufacturing. Examples of this use include beverage bottling plants, tool and die shops, motor vehicle or heavy machinery assembly, carpet or furniture manufacturing, dairy works, ice works, metal fabrication, stonecutting, and food processing. Also see artisan manufacturing and light manufacturing.

Heavy vehicle and equipment sales, rental, and repair means an establishment primarily engaged in the sale, rental, repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including paint, upholstery, muffler, transmission work and major engine and engine part overhaul.

Hedge means a plant or series of plants or other landscape material arranged to form a physical barrier or enclosure.

Height, structure means the 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.

High intensity discharge light source (HID) means light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium and other similar types which are developed in accordance with accepted industry standards.

Historic district means an area within Los Alamos County that has been so designated by ordinance pursuant to the procedures outlined in this article and section 16-9 historic protection overlay zone district (HP-O) and mapped as an overlay zone district on the county's official zoning map.

Historic landmark means an individual building, structure, or site within Los Alamos County that has been so designated by ordinance pursuant to this article and mapped as an overlay zone district on the county's official zoning map.

Historic preservation advisory board (HPAB) means the board established by chapter 8 of the county code and authorized by this article to make recommendations to the planning and zoning commission and to county council on proposed historic designations and projects affecting historic properties within the county.

Historic property means a historic landmark or any property located within a historic district, including all structures or improvements thereon.

Historic property alteration certificate means the official form issued under this article stating that proposed work on a historic property is compatible with the historic character of the property and therefore:

(1)

Has been recommended for approval as appropriate and may be completed as specified in the certificate subject to compliance with all local, state and federal laws, as applicable; and

(2)

Any building permits or other construction-related permits regarding work specified in the certificate may be issued by the community development department or other regulatory department upon satisfaction of all requirements for such permits.

Holiday lighting means temporary seasonal lighting installed and operated in connection with holidays or traditions.

Home business means a home occupation that employs more than one non-family member. Also see "home occupation".

Home occupation means an activity that is carried on for commercial or philanthropic purposes in a residential dwelling unit by the resident, that employs no more than one person outside of the residents of the dwelling, and that is clearly secondary to the use of the structure as a residential dwelling. See also dwelling, live-work and home business.

Hospital means an institution providing health services and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities, and staff offices.

Hotel or motel means a premises in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupancy by persons on an overnight basis, not including bed and breakfast.

Household means one or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel or motel, assisted care facility, dormitory, group care facility or group residential facility house.

IDA means the International Dark-Sky Association.

IES means the Illuminating Engineering Society.

Illuminance is measured in footcandle (Fc). The density of light falling onto a surface. Commonly measured in the horizontal and vertical planes.

Illuminated sign means a sign characterized by the use of artificial light, including:

Externally or indirectly illuminated sign means a sign that emits light from a source(s) located outside of the actual sign.

Internally or directly illuminated sign means a sign that emits artificial light directly through any transparent or translucent material from a source located within or on the sign. This includes electronic message center signs.

Improvement means any construction made on a property and intended to enhance its value, utility, or beauty, or to adapt it to new or further uses.

Indoor recreational facility means a designated space for recreation and entertainment activities that are conducted entirely within a building.

Institutional and civic buildings means a building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.

Interdepartmental review committee means a technical advisory committee composed of the county engineer, traffic engineer, utilities manager, parks division manager, police chief, fire chief, and the community development director, or as appointed by the county manager. The purpose of the interdepartmental review committee is to review development applications and to advise the planning and zoning commission, other boards and commissions, and the county council.

Kennel means a premises on which five or more domesticated house pets over six months of age are kept, maintained, or boarded for profit, personal use or institutional keeping, except guard dog sites, state inspected veterinary hospitals, pet shops, refuges, and shelters.

Kitchen means an area where there is a sink of adequate size and shape for washing dishes and good items (as opposed to washing hands) and a cooking stove, range, or oven. The presence of a sink and a hot plate or microwave does not constitute a kitchen.

Laboratory means a facility for scientific research in technology-intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities.

Lamp means the generic term for a source of optical radiation (light), sometimes called "bulb" or "tube." Examples include incandescent, fluorescent, high-intensity discharge (HID), high-pressure sodium (HPS) lamps, and light-emitting diode (LED) modules and arrays.

Landscape lighting means lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

Landscaping means the planting and maintenance of various forms of vegetation and/or the use of non-vegetative materials as ornamental features to enhance aesthetically and complement structures and the sites on which they are located.

Library means public facility for the use and loan, but not sale, of literary, musical, artistic, or reference material.

Light manufacturing means industrial operations relying on the assembly, fabricating, processing, repairing, servicing, storing, or wholesaling of goods or products, using parts previously developed from raw material primarily conducted within an enclosed building. This definition includes uses that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building where such assembly, fabrication, or processing takes place. This use does not include any use that meets the definition of heavy manufacturing. Also see "artisan manufacturing and heavy manufacturing".

Light pollution means stray and uncontrolled light, directly from a luminaire or reflected from a surface, that missed its target. Light emitted upward increasing skyglow is a popular example.

Light shielding means a method of directing the light emitted from a luminaire with a solid barrier.

Light trespass means measurable light extending beyond the boundary of its intended use without permission.

Light vehicle and equipment sales, rental, and repair means an establishment primarily engaged in the sale, rental, repair, or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, tire repair and change, lubrication, and tune ups, provided it is conducted within a completely enclosed building. Major repairs such as vehicle bodywork or painting or repair of engines or drive trains is prohibited. See also heavy vehicle and equipment sales, rental, and repair.

Liquor retail means an establishment that is licensed by the state for the sale of beer, wine, or other alcoholic beverages for off-premise consumption. Establishments that operate under a small brewer's, winegrower's, or craft distiller's license are not considered liquor retail.

Live/work means a mixed-use residential unit that integrates workspace within a dwelling, allowing residents to conduct business or commercial activities in a designated portion of their home. See also dwelling, live/work.

Livestock husbandry means the raising, practice of breeding, farming, and care of farm animals including, but not limited to, cattle, horses, sheep, and chickens for non-commercial purposes and as a secondary land use.

Lodging means sleeping accommodations that are available to the public for rental or temporary occupancy on an overnight basis.

Lot means a parcel or tract of land as established by a survey, plat, or deed.

Lot area means the area of a horizontal plane bounded by a vertical projection of the property lines of a lot.

Lot, corner means a lot located at the intersection or interception of two or more streets.

Lot coverage means the percentage of the lot area covered by structures, including accessory buildings, main buildings and detached buildings as defined elsewhere in this chapter. Lot coverage includes all above-ground structures that exceed 30 inches above grade.

Lot, double frontage means any lot having frontage on two parallel or approximately parallel streets.

Lot line means the boundary of a deeded or platted lot.

Lot line, front means the legal boundary of a lot that abuts a street. On a corner lot or a double frontage lot, the side with the street number address is the front lot line.

Lot line, rear means the legal boundary of a lot which is opposite and most distant from the front lot line, or in the case of an irregular lot, a line a minimum of ten feet in length within the lot and farthest removed from the front lot line, and at or near right angles to the line comprising the depth of such lot.

Lot line, side means the legal boundary of a lot which are not the front or rear lot lines.

Lot, nonconforming means a lot which does not conform to the provisions of this chapter.

Lounge means a premises where alcoholic beverages are sold to the public for consumption on the premises. Also see "bar".

Low-density residential development means low-density development is considered any lot in the RA, RE, SFR, or RM zone districts.

Lumen means the measure of visible light (luminous flux) emitted from a light source.

Luminance means the light that is emitted by or reflected from a surface, measured in units of luminous intensity (candelas) per unit area. Expressed in English units as foot lamberts and in SI units as cd/m ² . Also referred to as "nits." Measured from 0.5 feet above grade on another premises or public right-of-way, but no closer than 20 horizontal feet from the object measured.

Luminaire means the SI measurement of illuminance. One lux is equal to one lumen per square meter (lm/m ² ).

Lux means the international unit of illuminance, measuring luminous flux per unit area. One lux is one lumen per square meter. Full moonlight averages about 0.1 lux and public outdoor areas in large cities have illuminances between 20 and 50 lux at night. One hundred thousand lumens per net acre is approximately 25 lux if the light is uniformly distributed.

Maximum extent possible means no feasible or prudent alternative exists, as determined by the relevant decision-making body, after the applicant has taken all possible steps to comply with the standards or regulations and to minimize potential harmful or adverse impacts. Constraints to compliance that are self-imposed, such as through a particular platting proposal when other options are feasible, shall not be considered sufficient justification. Economic considerations may be taken into account but shall not be the overriding factor.

Medical or dental clinic means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of licensed health care practitioners, dentists, or licensed health care practitioners and dentists in practice together.

Meeting, banquet, or event facility means a building and related facilities catering exclusively to guests for social, intellectual, recreational, or athletic purposes that are not conducted for profit.

Microbrewery, distillery, or winery means a small brewery, winery, or distillery operated separately or in conjunction with a drinking establishment or restaurant. The beer, wine, or liquor may be sold for consumption on-site or off-premises to other drinking establishments, restaurants, or wholesalers.

Mixed-use zone district means any zone district categorized as mixed-use in part 16-1 Zoning of this Code.

Mobile food vending means the authorized sale of food and beverages out of any portable vehicle, including trucks, carts, trailers, kiosks, and stands.

Mobile vending means the sale, lease, or rent of new or used goods or food and beverages out of any portable vehicle, including trucks, carts, trailers, kiosks, and stands.

Motel. See hotel, motel.

Mural means a picture or work of art on an exterior surface of a structure and which covers all or a major portion of a wall, building, or structure. A mural is a sign if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business.

Museum means a facility open to the public, with or without charge, for the collection and display of paintings, sculptures, textiles, antiquities, other works of art, or similar items.

Native or regionally adapted plant materials means plants which are appropriate to the ecological setting, have noninvasive growth habits, are tolerant of the hydrological conditions of the site, and require little maintenance upon maturity.

Natural resource extraction means on-site extraction of surface or subsurface mineral products or natural resources, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. Uses may include quarries, borrow pits, sand and gravel operation, mining, soil mining, rock crushing, screening, and the accessory storage of explosives.

Nicotine retail means any establishment licensed to sell any tobacco product or electronic nicotine delivery system as defined in NM 2020 Senate Bill 131 (Tobacco Products Act). This use does not include the sale of cannabis. See also "cannabis retail and general retail".

Nonconforming sign means a sign that was legally installed under all county sign regulations and ordinances in effect at that time, but may no longer comply with subsequently enacted regulations and ordinances having jurisdiction over the sign.

Nonconforming use means a use existing on the date of adoption of this chapter which does not conform to the uses permitted in the zone district in which it is located.

Non-continuous lighting means a non-continuous street lighting system, lighting only conflict areas such as intersections, crosswalks, and other hazards.

Non-residential zone district means any zone district categorized as non-residential in Article II Division I of this chapter.

Non-shielded luminaires means a luminaire that does not incorporate any shielding, housing, or design element that limits or blocks the emission of light above the horizontal plane.

Obtrusive means noticeable or prominent in an unwelcome or intrusive way.

Office, business or professional means a premises where professional, clerical, business management or public administration work is carried on and where the sale of merchandise on the premises is totally absent or a very limited activity in support of the work being carried on.

Official zoning map means the map adopted by the county council in conjunction with this Code showing the location of the various zone districts within the county and may be amended from time to time.

Off-premises means any 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.

Off-premises sign means any sign used to direct attention to a specific business, product, service, event, or activity, or other commercial or non-commercial activity not occurring on the premises where the sign is located.

One-hundred year flood or 100-year frequency rainstorm means the flood having a one percent chance of being equaled or exceeded in any given year and as defined elsewhere in this chapter; a 100-year frequency rainstorm means total accumulation of 5.24 inches of rain at the end of a one-hour period.

Open space means land and water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state.

Open space, active means open space that may be improved and set aside, dedicated, designated, or reserved for active recreational uses and limited development.

Open space, passive means open space that is essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or for the use and enjoyment of owners or occupants intended for passive recreational uses.

Ornamental lighting means lighting that does not affect the function and safety of an area but is purely decorated and included for aesthetic effect or for holiday celebration.

Outdoor recreation facility means a designated facility for recreation and entertainment activities operated by a commercial enterprise or institutional entity that are mostly outdoors or partially within a building.

Outdoor storage means the keeping of any goods, material, or merchandise outside of a building in the same place for more than 24 hours, but not including any storage activity or use of land listed separately in Table 2-11: Permitted Use Table.

Outdoor vehicle storage means the keeping, in an unroofed area, of motor vehicles or equipment not used for transportation purposes on an active, regular, or continuing basis, generally for a period of one week or more, whether or not the motor vehicle is titled, licensed, or operable, either as a primary use or accessory use, but not including a salvage yard.

Overlay zone district means a set of zoning requirements that are mapped and are imposed in addition to those of the underlying base zone district. Development within the overlay zone districts must conform to the requirements of both zone districts or to the more restrictive of the two. The planned residential development overlay (PRD-O) zone district, the planned development overlay (PD-O) zone district, and the historic protection overlay (HP-O) zone district are overlay zone districts.

Owner, for the purposes of this chapter only, means the person, corporation, or other legal entity recorded as the owner of a given property on the records maintained by the County Clerk.

Parcel means a quantity of land in possession of, owned by, or recorded as the property of the same person or persons. See also "lot".

Park or playground means 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.

Parking, off-street means a storage area for the parking of motor vehicles located on a lot.

Parking, on-street means a storage area for the parking of motor vehicles located on a public or private roadway.

Parking space means an on-street or off-street storage area for the parking of one motor vehicle.

Parking structure means a structure or part of a building designed to accommodate motor vehicle parking spaces that are partially or completely enclosed.

Partly shielded luminaire means a luminaire that incorporates some shielding or directional control to limit, but does not entirely eliminate, light emission above the horizontal plane. These fixtures reduce upward light but may still emit a portion of light above horizontal.

Patio means a roofed or unroofed outdoor space at finished grade on a lot; if patio is roofed, at least 50 percent of the side surface is unscreened or unenclosed with a solid material.

Pedestrian walkway means an accessway intended for pedestrian use and either publicly or privately owned.

Permanent sign means a sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, and that precludes ready removal or movement of the sign, and whose intended use appears to be indefinite.

Permit means a document issued by the county that authorizes a person to commence an activity as allowed under applicable county regulations.

Permitted use means a land use that is allowed by right in a particular zone district, either as a primary or accessory use.

Personal services means establishment that provides repair, care, maintenance, or customizing of wearing apparel or other personal articles, or human grooming services and includes such uses as beauty/barber shops, shoe repair, laundry or dry cleaning services, alterations, spas, tanning salons, photography studios, house cleaning services, small appliance repair, locksmiths, bicycle sales and repair, florist, pet grooming shops, massage, or yoga.

Planning and zoning commission means the planning and zoning commission of the county and as further described in this chapter and in section 16-69, Planning and Zoning Commission of this chapter.

Plant nursery means a primary use of land for the growth, display, and/or sale of plants, shrubs, trees, and materials used in indoor or outdoor planting, conducted within or without an enclosed structure or greenhouse. Also see "greenhouse".

Plat means a graphic and written description of a lot or lots with survey reference ties to permanent survey monuments related to the subdivision, re-subdivision (sometimes called a replat), or consolidation of land.

Point light source means the exact place from which illumination is produced (e.g. a light bulb filament or LED package) even when behind a clear lens.

Porch means an open platform above ground level typically 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.

Preliminary plat means a plat of a proposed subdivision showing the lot or lots with survey reference ties to permanent survey monuments, streets, alleys, easements, blocks, building envelopes, public/private improvements, utilities, and other elements of the subdivision as applicable. The preliminary plat furnishes a basis for review of the general layout of a proposed subdivision.

Primary means, for the purpose of this chapter only, main or predominant, as applied to a use or structure, as distinguished from secondary or accessory.

Primary use means the principal activity or purpose for which a property is occupied or utilized as permitted by the applicable zoning district regulations.

Private club or lodge means an organization and its premises operating on a membership basis for the promotion of interests of the members including facilities for business organizations, facilities or spaces for physical exercise and recreational activities, civic, social, and fraternal organizations, and other similar organizations.

Professional engineer means an engineer registered by the state board of registered engineers and surveyors.

Projecting sign means an attached sign that projects more than 18 inches from the façade of a wall or building.

Public right-of-way means land deeded, reserved by plat or otherwise acquired or occupied, used or intended to be used by the county or state, primarily for the public movement of people, goods, and vehicles or the conveyance of public utility services and drainage. Public right-of-way may be used for other public purposes pursuant to this chapter.

Real property means land and generally whatever is erected, growing upon, or affixed to land.

Recreation, active means recreational activities that are of a more structured nature often requiring equipment and taking place at prescribed places, sites or fields.

Recreation equipment means equipment 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, camper when dismounted from a truck bed or chassis, horse trailer, houseboats, house trailers, rafts, tent trailers, travel trailers, and utility trailers when converted to recreational purposes.

Recreation, passive means recreational activities that are commonly unorganized and noncompetitive, including, but not limited to, hiking, running, mountain biking, dog walking, equestrian uses, rock climbing, off-trail exploring on foot, orienteering, geocaching, flood control, nature study, wildlife habitat improvements, picnicking, bird watching, kite flying, bicycling, and walking. Site amenities for such activities include, but are not limited to, picnic tables, photo stands, open play areas where substantial clearing is not required, rest rooms, paved paths, pathways, benches, and pedestrian bridges and appurtenant structures.

Recreational vehicle (RV) means a motor vehicle or trailer equipped with living space and amenities, including but not limited to bus campers, camper trailers, pickup campers, travel trailers, and motor homes.

Recreational vehicle (RV) park or campground means a lot developed or used for occupancy by recreational vehicles or tents for transient dwelling purposes. A campground/recreational vehicle park may include recreational services, facilities, and activities for use by the public and residents to provide extended livability options. See also "recreational vehicle (RV)".

Recycling station means a premise where recyclable solid waste materials, including aluminum, glass, paper, metal, and similar materials are purchased or procured and temporarily stored.

Religious institution means a structure or place where worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held, together with its accessory buildings and uses (including buildings used for educational, recreational, philanthropic, or humanitarian activities), operated, maintained, and controlled under the direction of a religious group. Accessory uses may include school facilities, daycare, parking, caretaker housing, religious leader's housing, and group living facilities such as convents or monasteries.

Research and development means uses for carrying on investigation in the natural, physical, or social sciences, or engineering and development as an extension of the investigations with the objective of creating end products. A research and development use may include pilot plant operations.

Residential community amenity means a use provided for the comfort and convenience of residents of more than one unit in a low-density or multi-family residential development, including but not limited to a clubhouse, exercise room, swimming pool, tennis court, community room, or laundry facility.

Residential zone district means any zone district classified as residential in section 16-5, Residential Zone Districts in which residential uses are allowed.

Restaurant means a business establishment that serves prepared food or beverages primarily for the consumption by customers within the principal building, in an outdoor seating area on the premises, or off the premises as carry-out orders.

Retail sales means uses involving the sale, lease, or rent of new or used goods directly to the final consumer for direct use but not for the purpose of resale; including but not limited to the sale of general merchandise, clothing and other apparel, building materials, hardware and similar consumer goods, or other retail sales not listed as a separate use in Table 26: Permitted Use Table.

Right-of-way. See public right-of-way.

Roof-mounted sign means an attached sign mounted on or extending above the uppermost edge of a wall or parapet of a building.

Rooftop appurtenances means the visible, functional, or ornamental objects accessory to and part of a building's roof-top including, but not limited to, chimneys; parapets or other ornamental features; and elevator equipment and mechanical utility equipment, enclosed rooftop access and any associated screening or enclosures.

Runoff means the water from natural precipitation which flows over the surface of the land and does not percolate into the soil.

Salvage yard means a premise, whether inside or outside a building, which is used for the storage, keeping, dismantling, demolition, or sale of used or scrap materials, mechanical parts, equipment, vehicles and the like.

Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh, or bar configured, and is in the shape of a shallow dish, cone, horn, or cornucopia and is greater than 24 inches in diameter. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based units. This definition includes, but is not limited to, satellite earth stations, television-reception-only satellite dish antennas (TVROs) and satellite microwave antennas.

Schools, private means a school, academy, or institution, which conducts academic instruction at kindergarten, elementary, secondary, or collegiate levels. This use may include trade, technical, or vocational schools.

Schools, public means schools under the jurisdiction of the county school board or, in the case of a post high school institution, under the jurisdiction of a board of regents established by the state.

Scroll means a mode of message transition on an electronic message center sign in which the message appears to move vertically across the display surface.

Seasonal outdoor sales means the temporary outdoor display and sale of goods or products associated with a season or a cultural event and typically occurring at a location not devoted to such sales for the remainder of the year, such as the sale of Christmas trees, fireworks, pumpkins, or seasonal produce.

Self-service storage facility means any real property designed and used for the purpose of renting or leasing individual storage spaces to tenants who are to have access to such spaces for the purpose of storing and removing personal property.

Setback means the least horizontal distance between a lot line and a building or structure exclusive of projections. Front setbacks are measured from the front lot line. Rear setbacks are measured from the rear lot line. Side setbacks are measured from side lot lines. See also setback area, yard and lot definitions for front lot line, rear lot line, and side lot line.

Setback area means required setback areas are the portions of a lot lying between the lot lines and the minimum required structural setback lines.

Short term rental means a residential dwelling rented by the owner or party responsible for the property for the purpose of transient lodging for a period of time not to exceed 30 consecutive days.

Sidewalk means a pedestrian way with permanent hard surfacing, generally paralleling the side of streets.

Sign means any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for the purpose of communicating a message. A sign includes the sign faces as well as any sign supporting structure.

Sign area means the total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols. See section 3-I(F)(l) for standards for measuring sign area.

Sign face means the surface of a sign upon or through which the copy of the sign is displayed exclusive of the supporting structure.

Sign height means a measure of the vertical distance from normal grade to the highest attached component of the sign structure using the standards in section 16-65(a)(4).

Sign structure means the area of all sign faces, structural supports, decorative trim, and architectural features of the complete sign.

Site plan means a graphic depiction showing the development of commercial property on an individual lot with or without a planned development overlay (PD-O) zone district. The site plan includes, but is not limited to, the location and footprint of structures, building height and exterior façades, architectural design standards, location and dimension of off-street parking and traffic circulation, method of exterior lighting, landscape treatment, location and size of signs, easements, drainage, utilities, and other improvements. In addition, the planned development overlay (PD-O) zone district site plan defines land uses, gross floor area, site development standards, and such other factors as may address the site plan approval criteria in section 16-74(i)(4).

Sketch plat or sketch plan means a plat showing the initial concept of a proposed subdivision which includes lot configurations, street layouts, open areas, etc. It is non-binding and serves to identify potential issues and receive feedback, acting as the foundation for more detailed planning in subsequent planning phases.

Sky glow means the brightening of the nighttime sky that results from artificial light emitted upwards or sideways, or scattered and reflected upwards by the ground, dust, water, or other particles suspended in the atmosphere. Sky glow reduces one's ability to view the night sky and is frequently visible as a dome of light above a distant city.

Solar energy collection system, active means a mechanical or electrical system for heating or cooling a structure by collecting, storing and transporting solar energy.

Solar energy collection system, passive means a system that employs siting and orientation, structural materials, and landscaping to take advantage of solar energy for structural heating.

Special event means a temporary gathering or activity, whether private or open to the public, held for purposes such as entertainment, celebration, cultural expression, competition, or community engagement. A special event typically occurs on a one-time or infrequent basis and may require additional coordination due to its anticipated attendance, use of public property, or potential impact on public infrastructure or services.

Special event permit means a permit for a special event on private or public property that includes 100 participants or more and may include elements such as placement of tents or shade structures, alcohol, aircraft, animals, amplified music, races, public road or parking lot closure, barricades, tournaments and competitions, motorized power supported tools/equipment, porta-potties, security and crowd control, large commercial or non-standard vehicles, or fireworks. For example: open-air markets, fairs, carnivals, circuses, organized races, outdoor concerts.

Spectrum means a range of electromagnetic radiation that includes visible wavelengths between 380 and 700 nanometers (violet to red). Research indicates wavelengths between 460 and 480 nm can be harmful to humans at night if the dosage is too high for too long.

Sports field means a facility designed for youth, amateur or professional sporting events, exhibitions, or shows.

Storage means an area or space, either indoors or outdoors, where something is kept, housed or located for future use.

Storage, contractor's yard means an area where heavy equipment, materials, machinery, aggregates, and other objects used for the development of land or structures are stored.

Story means that 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 or above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such usable or unused underfloor space shall be considered as a story.

Street means a portion of the public or private right-of-way, from curb to curb (or from edge of paving to edge of paving if there is no curb, or from edge of visible travel way edge to edge of visible travel way, if there is no paving), that is primarily devoted to vehicular use.

Street, arterial means a 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.

Street, centerline means the center of a street or right-of-way as established by official surveys and shall normally be the midpoint of a street cross section.

Street frontage means the distance for which a lot line of a lot adjoins a public street, from one lot line intersecting such street to the furthest distant lot line intersecting the same street.

Structure means anything 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.

Structure, non-conforming means a 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.

Subdivision plat means the division of any tract of land into two or more lots as provided in this chapter.

Summary plat means a plat which subdivides a lot into no more than two lots in any zone district or for adjustment of a lot line, consolidation of no more than two lots, or a technical surveying correction.

Tap room or tasting room means an establishment associated with a local brewery, winery, or distillery operating under an approved Small Brewer's License as governed by section 60-6A-26.1 NMSA 1978, an approved Winegrower's License as governed by section 60-6A-11 NMSA 1978, or an approved Craft Distiller's License as governed by Section 60-6A-6.1 NMSA 1978 where beer, wine, or spirits are available for consumption on-site. Any production of alcohol as regulated by state law under one of these licenses is considered artisan manufacturing. Any sale of alcohol for off-premises consumption as regulated by state law under these licenses is not considered liquor retail. See also Bar, Liquor Retail, and Tavern.

Tavern means premises where alcoholic beverages are sold to the public for consumption.

Temporary, construction activities means construction activities, such as asphalt batching and cement making operations, that occur on a temporary basis for a specific construction project.

Temporary, dwelling means a portable dwelling, not attached to a permanent foundation, for use during temporary events or construction periods.

Temporary sign means a type of non-permanent sign that can be displayed for no more than 60 consecutive days and is installed in a way that is easy to remove.

Temporary, seasonal sales or event means a temporary outdoor or indoor retail display and sales of new or used goods, produce, and/or handcrafts or services associated with the season or a cultural event such as sales of fireworks, pumpkins, Christmas Trees, or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; and sidewalk or parking lot sales. Incidental sales of food and beverages is allowed where not specifically prohibited elsewhere in this Code or any other applicable law.

Temporary, storage means non-permanent storage structures, such as moving PODS, or temporary storage activities that occur on a temporary basis for no more than 60 consecutive days at one time and are easy to remove.

Temporary, structure means a structure intended to be used temporarily as a facility for conducting necessary activities that may be displaced by or must support an ongoing development project, such as a mobile office on a construction site.

Temporary use means a use intended only for a fixed period of time upon the expiration of which the use will be discontinued, in accordance with section 16-72(i), Permit and Approval Expirations. Temporary use may also be defined as continuing for a duration not to exceed 180 days unless extension of the use period is approved.

Tenant means a person or party who occupies real property, or structures owned by another through a right of use granted by the owner.

Tot lot means a recreational play area designated for use by children.

Tract means a parcel of land, regardless of size, that is owned by a person or entity, and may include one or more lots or portions thereof.

Trailer means any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle.

Trail means a designated route or pathway, typically intended for non-motorized use such as walking, hiking, biking, or horseback riding, often located within open space, parks, easements, or along natural features.

Underlying base zone district means the primary zoning classification assigned to a zone district, as depicted on the official zoning map, which governs the fundamental land use, density, and development standards applicable to that district, regardless of any overlay zones that may also apply.

Uplight means a luminous flux emitted in the hemisphere above the horizontal plane through the luminaire's lowest light-emitting part.

Use means the purpose for which land, a building, or structure is, or is intended to be, used, occupied, or maintained.

Vehicle fuel sales means an establishment where flammable or combustible liquids or gases used as fuel are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. The incidental sale of retail or other convenience items and freestanding, automatic car wash are also permitted.

Vehicle storage means the keeping of motor vehicles, or equipment not actively, regularly, or continuously used for transportation purposes outside of a building.

Vehicle wash means a building or portion thereof containing facilities for washing motor vehicles using production line methods and/or mechanical devices, such as a chain conveyer, blower, or steam cleaning device, or where the customer parks the vehicle in a bay and washes the vehicle using equipment provided by the facility.

Vending, open-air means any commercial activity which is conducted without the shelter of a building.

Veterinary hospital means an establishment of licensed practitioners primarily rendering dentistry, surgical, and/or medical treatment for animals that may also provide overnight accommodation to pets for a limited period before or after medical procedures.

Waiver means a minor modification to zoning or development standards that may be approved administratively without requiring a variance, provided it meets specific criteria outlined in this chapter. See also Administrative Deviation.

Walkway means a clear passage or path for pedestrians which may or may not be paved.

Wall means a vertical structure that separates properties, portions of properties, or portions of a building.

Warehouse means the use of a building primarily for the holding or storage of goods, including cold storage and storage of merchandise for onward transportation or distribution to retailers, but not for sale to the general public. Does not include self-storage.

Wholesale facility means a facility for the storage of products, supplies, and equipment offered for wholesale distribution, and not for direct sale to the general public.

Wireless telecommunications facility means any facility used for wireless communications, usually consisting of a support structure for antennas, an equipment shelter or cabinet, and/or other transmission and reception devices used for business or commercial purposes.

Wireless telecommunications facility, small means small cell wireless units that are mounted on structures 50 feet or less in height including their antennas in accordance with federal law; or are mounted on structures no more than ten percent taller than other adjacent structures; or do not extend existing structures on which they are located to a height of more than 50 feet or by more than ten percent, whichever is greater.

Yard means any open space on the same lot with a building, which is open from the ground to the sky, except for projections and accessory buildings, but not including any portion of any street, alley or private road right-of-way.

Yard, front means the yard part of a lot from the front lot line to any front façade of the primary building, extended to both side lot lines. If there is no primary building on the lot, the open space part of a lot within the minimum setback in the zone district on the side of the lot where the property will be addressed.

Yard, rear means the yard part of a lot from the rear lot line to any rear façade of the primary building, extended to both side lot lines.

Yard, side means the yard part of a lot from a side lot line to the side façade of the primary building.

Zero lot means one side of the structure is built directly on or very close to the property line, with no setback on that side.

Zoning means the laws and regulations governing the use of real property, including the types of uses that may be accommodated on a given piece of real property, the amount of space devoted to those uses and the ways in which buildings may be placed.

(Ord. No. 02-370, § 8, 10-7-2025)