Los Lunas City Zoning Code

This title shall be known as the Village of Los Lunas Municipal Zoning Ordinance and is referred to as this "title" or this "ordinance."

(Ord. No. 481, 1-30-2025)

This title is created pursuant to the authority granted by the NMSA 1978, Chapter 3, and associated articles. Regulations of this title are designed to implement several powers, duties, and privileges established by the state statute.

(Ord. No. 481, 1-30-2025)

The purpose of the Village of Los Lunas Municipal Zoning Ordinance is to:

A.

Facilitate orderly and coordinated development.

B.

Protect the health, safety, and general welfare of the public, and provide protection from possible nuisances and hazards to enhance quality of life and public health.

C.

Allow for the efficient administration of land use and development regulations established by this title and related, adopted regulations.

(Ord. No. 481, 1-30-2025)

This title applies to all private land within the village's planning jurisdiction. The owners and occupants of all private land within the village's planning jurisdiction shall comply with the regulations contained in this title applicable to the zone district in which the property is located. The village's planning jurisdiction comprises the area within the corporate boundaries of the village.

(Ord. No. 481, 1-30-2025)

The provisions in this title became effective on February 11, 2025.

(Ord. No. 481, 1-30-2025)

A. This title replaces the previous Los Lunas Municipal Zoning Ordinance originally adopted in 2001, as amended, in its entirety.

B.

Any development or land use application submitted, reviewed, and accepted as complete, or approved before the effective date of this title may be carried out in accordance with the zoning code, development standards, supplementary standards, and procedures in effect at that time. The provisions shall apply so long the application or approval has not expired and otherwise remains valid. If the prior application or approval expires, revoked, or otherwise becomes invalid (e.g. for failure to comply with time limits or the terms and conditions of approval) any subsequent development or land use for the site shall be subject to the procedures and standards of this title as currently in effect or as amended.

C.

To the extent a prior approved application proposes development that does not comply with this title, the subsequent development, although permitted, shall be considered nonconforming and subject to the provisions of Section 17.14.040, Nonconformities.

D.

If any use, lot, building, structure, sign, or site feature legally existed on the effective date of this title, Section 17.04.050, Effective Date, but does not fully comply with the standards of the ordinance as amended, then that use, building, structure, lot, sign, or site feature shall be considered nonconforming and subject to the provisions of Section 17.14.040, Nonconformities.

(Ord. No. 481, 1-30-2025)

The Village of Los Lunas Comprehensive Plan, as amended, establishes the official policy of the village concerning designated future land uses and guides decisions regarding the appropriate manner in which property within the village should be zoned. This title is the primary tool used by the village to implement the goals, policies, and strategies of the Comprehensive Plan.

(Ord. No. 481, 1-30-2025)

No permit, certificate, or approval of any use that is subject to this title shall be issued or granted without a finding of compliance with this title. Except as otherwise specified in this title through a special exception process as outlined in Article VI, Administration and Enforcement, land and building, structure, mobile or manufactured home used, occupied, substantially changed, constructed, erected, moved, or altered upon any premises except in compliance with the provisions of this title.

(Ord. No. 481, 1-30-2025)

Unless otherwise specified in this title, if two or more regulations in this title conflict with each other, the more restrictive regulation shall apply, with the following exceptions.

A.

When any regulations contained in an overlay zone conflict with any other regulation in this title, the regulations of the overlay zone prevail regardless of whether the overlay zone regulations are more or less restrictive than the other regulations. Where the overlay zone is silent, the other regulations in this title shall prevail.

B.

When any regulation in the supplementary standards for specific uses regulations conflicts with any other regulation in this title, the supplementary standards for specific uses regulation shall prevail regardless of whether the supplementary use regulation is more or less restrictive than the other regulation. Where the supplementary standards for specific uses regulations are silent, the other development standards shall prevail.

C.

When any adopted area plan regulation or standard conflicts with any other regulation in this title, the area plan regulation or standard shall apply to development within the specified area regardless of whether the area plan regulation is more or less restrictive than the other regulation. Where the area plan is silent, the other regulations in this title prevail.

D.

If any regulation in this title conflicts with Articles 14-1, 14-2, and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes, Fire Code, and Uniform Housing Code) or any other building safety codes, the provisions in those codes shall prevail.

E.

If any regulation in this title conflicts with other applicable laws or regulations of the village, or conflicts with applicable state or federal law, the more restrictive provision shall prevail, unless the provisions of state or federal law, as interpreted by the courts, prevent that result.

(Ord. No. 481, 1-30-2025)

This title applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, or use, than a private agreement or restriction but shall have no impact on the applicability or enforceability of any private agreement or restriction between the parties to that agreement or restriction. The village shall have no obligation to conform the terms or applicability of this title to any private agreement or restriction and shall have no obligation to enforce any private covenant or agreement, unless it is a party to the covenant or agreement. If the village is a party to the covenant or agreement, enforcement shall be at the discretion of the village.

(Ord. No. 481, 1-30-2025)

It is the intention of the village council that the sections, paragraphs, sentences, clauses, and phrases of this title are severable. If any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such declaration shall not affect any of the remaining title.

(Ord. No. 481, 1-30-2025)

The following definitions are provided for terms used in Title 17, Zoning. Terms that are not defined in this title follow common usage as defined in standard dictionaries. For the purpose of this title, certain terms or words used in this title shall be interpreted as follows:

A.

"Person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. The present tense includes the future tense.

B.

"Shall" is mandatory; "may" is permissive.

C.

The words and phrases defined in Section 17.04.120 shall have the following meanings indicated when used in this title.

A

"Accessory dwelling unit" means a dwelling unit that is accessory to a primary single-family dwelling unit on a single-family lot, and containing living, sleeping, kitchen, and bathroom facilities.

"Accessory structure" means a structure detached from and located on the same lot as a primary building, customarily used with and clearly incidental and subordinate to the primary building and is compatible with the primary principal use of the lot or building allowed under zoning regulations applicable to the property. Accessory structures shall include but are not limited to garages, sheds, pools, and carports, as regulated by Section 17.10.060(B); and shall not include mobile homes, motor vehicles, trailers, shipping containers, or other similar structures as determined by the community development director.

"Accessory use" means a land use that is subordinate in use, area, or purpose to a primary land use located on the same lot.

"Accommodations, bed and breakfast" means a house with a permanent resident and up to six guestrooms which may be rented for overnight lodging with breakfast served to overnight guests only; guestrooms may be in an accessory dwelling unit. This use is subordinate and incidental to the main residential use of the house.

"Accommodations, boarding house" means a residence consisting of at least one dwelling unit together with more than two rooms, but which do not constitute separate dwelling units, where at least one room is available for rent by a vendor to a vendee as a permanent residence for a period of at least thirty consecutive days and that is not intended for temporary lodging.

"Accommodations, campground" means a parcel of land developed or used to provide campsites for occupancy by tents and/or recreational vehicles for temporary sleeping accommodations. May include recreational amenities, picnic tables, toilets, showering facilities, and water and electrical services.

"Accommodations, hotel or motel" means an establishment that provides guest rooms for temporary sleeping accommodation within completely enclosed portions of a building for rental at market rates. This use does not include bed and breakfast establishments, which are regulated separately for the purposes of this title.

"Accommodations, recreational vehicle (RV) park" means a parcel of land upon which two or more recreational vehicles are parked and occupied as temporary living quarters for recreation or vacation purposes and a fee is charged for such accommodations. May include limited community facilities such as recreational amenities, picnic tables, toilets, showering facilities, laundry facilities, water and electric services, and play areas.

"Accommodations, short-term rental" means a dwelling unit or a portion of a dwelling that is rented by the vendor to a vendee for less than thirty consecutive days.

"Administrator" means the community development director, or their designee, who is primarily responsible for administering and enforcing this title. The terms "staff" or "planning staff" may refer to individuals supporting the administrator.

"Adult entertainment" means an establishment where minors are excluded and that features nude dancing or other live or recorded performances that depict, describe, or relate to specified sexual activities. Adult entertainment is a primary use and is not accessory to any other use.

"Adult retail" means a retail establishment where minors are excluded and twenty-five percent or more of its gross area is devoted to sell or rent adult material, including books, magazines, newspapers, videos, 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 an accessory to any other use.

"Affordable Housing." See Title 18.

"Agricultural" means farming, including plowing, tillage, cropping, seeding, cultivating, or harvesting for the production of food products for humans or animals; grazing or raising of livestock; nurseries; etc.

"Annexation" means the process that municipalities use to expand their boundaries and municipal services, regulations, voting privileges, and tax authority to new territory. In New Mexico, there are three methods of annexing territory to a municipality:

1.

The arbitration method as provided in NMSA 1978 § 3-7-5 through § 3-7-10.

2.

The boundary commission method as provided in NMSA 1978 § 3-7-11 through § 3-7-16.

3.

The petition method as provided in NMSA 1978 § 3-7-17.

Territory may be annexed to a municipality by any one of the three methods of annexation provided for in NMSA 1978 § 3-7-5 through § 3-7-18 except where limitations of annexation are provided by law. The provisions of this section apply to annexations of all municipalities except those that are otherwise specifically provided by law. The arbitration method of annexation may be used for municipal annexation of a traditional historic community only upon petition of a majority of the qualified electors of the territory within the traditional historic community.

"Antenna" means any system of wires, poles, rods, or similar devices use for the transmission or reception of electromagnetic signals external to or attached to the exterior of any building.

"Appliance repair" means an establishment where household and commercial appliances, such as refrigerators, washing machines, ovens, air conditioners, and similar are repaired and serviced. This facility provides diagnostic, maintenance, and repair services to restore appliances to proper working condition. The business may include a workshop area for repairs, storage for parts and tools, and a customer service area for drop-off and pick-up of appliances.

"Appraised market value" means the estimated monetary value of a building, structure, or other real property as determined by a third-party certified appraiser, based on current market conditions, property features, and comparable sales within the area.

B

"Bakery" means a commercial establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site. Production of baked products for resale is not considered a home occupation.

"Bar" means an establishment where the principal business is the sale of alcoholic beverages to be consumed on the premises and the service of food is incidental to the consumption of such beverages.

"Beacon" means light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source. Also includes any light with one or more beams that rotate or move that are intended to attract or divert attention. This term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies.

"Breezeway" means a roofed passageway, open on at least two sides, that connects the main structure on a site to another main structure or accessory structure on the same site.

"Brewery, winery, or distillery" means a facility licensed by the State of New Mexico to produce, package, and sell alcoholic beverages, which may offer tastings, on-site consumption, packaged sales to consumers, and distribution to retailers and wholesalers as regulated by NMSA 1978 § 60-6A.

1.

A brewery manufactures and packages beer.

2.

A winery produces and bottles wine.

3.

A distillery distills and bottles spirits.

"Buildable area" means the portion of a lot exclusive of easements, minimum setbacks, and yard area requirements.

"Building" means a fully enclosed structure with a roof supported by columns or walls resting on its own foundation that is built and maintained for the support, shelter, or enclosure of persons, animals, or property of any kind.

"Building façade" means the entire exterior wall area of a building, including windows, doors, parapets, canopies, and mansard, but not including a pitched roof.

"Building elevation" means a scaled drawing or view of a building's exterior vertical surfaces, showing the design, materials, dimensions, and architectural details of one side of the structure. This includes the depiction of features such as doors, windows, rooflines, and any other elements that make up the façade.

C

"Cannabis." See NMSA 1978 § 26-2C-2 for cannabis definitions.

"Care facility, assisted living" means a building, structure, or facility other than a private residence for persons over the age of eighteen that reside for a period of more than twenty-four hours and is designed to assist residents with activities of daily living (ADLs) such as dressing, oral hygiene, bathing, grooming, mobility, and toileting. The facility may provide hospice care but shall not provide acute care, continuous nursing care, skilled nursing care, or elevated medical services.

"Care facility, community residential facility" means a building, structure, or facility other than a private residence for persons that reside for a period of more than twenty-four hours and is designed to help the residents integrate into the community and used for letting rooms, providing meals, protective care, supervision, transportation, and assistance with activities of daily living (ADLs) but not acute care, continuous nursing care, or skilled nursing care, to more than five persons. The residents typically include individuals with disabilities, mental health conditions, or other special needs. They may meet the definition of a handicapped person, or another person protected against housing discrimination under the federal Fair Housing Act Amendments of 1988, or as amended, and court decisions interpreting that Act.

"Care facility, daycare center" means a building, structure, or facility other than a private residence, that is licensed by the state and whose purpose is to provide care during the day for children or adults; not including overnight care.

"Care facility, nursing care institution" means a commercial building or facility maintained for the purpose of providing skilled nursing care and medical supervision under physician's orders at a level similar to that available in a hospital to more than three persons.

"Care facility, overnight shelter" means a commercial building or facility maintained for the purpose of providing temporary or transitional sleeping accommodations at no charge to more than five persons. Such facilities may provide meals, personal assistance, social services, and protective care.

"Care facility, respite care" means a commercial building or facility that provides temporary care for seniors, the ill, or people who have a disability which may provide overnight accommodation to three or more persons, with the intent of providing the primary caregiver temporary relief.

"Care home, daycare home" means a private residence that is licensed by the state to provide care to eight or less children or adults; not including overnight care.

"Care home, group home" means a residence for persons that reside for a period of more than twenty-four hours and is designed to help the residents integrate into the community and used for letting rooms, providing meals, protective care, supervision, transportation, and assistance with activities of daily living (ADLs) but not acute care, continuous nursing care, or skilled nursing care, to not more than five persons. They shall meet the definition of a handicapped person, or another person protected against housing discrimination under the federal Fair Housing Act Amendments of 1988, or as amended, and court decisions interpreting that Act.

"Care home, respite care home" means a private residence that provides temporary care for seniors, the ill, or people who have a disability which may provide overnight accommodation for no more than two persons, with the intent of providing the primary caregiver temporary relief.

"Care home, supportive housing" means a residence that provides long-term housing and supportive services to individuals or families facing challenges such as homelessness, domestic violence, abuse, abandonment, or trauma. These establishments are designed to offer stability and promote self-sufficiency while providing access to job training, life skills development, and counseling, but not acute care, continuous nursing care, or skilled nursing care. Supportive housing facilities may include women's shelters, orphanages, and similar uses but not transitional housing. Residents may meet the definition of a handicapped person, or another person protected against housing discrimination under the federal Fair Housing Act Amendments of 1988, or as amended, and court decisions interpreting that Act.

"Care home, transitional housing" means a residence for persons that reside for a period, typically six—twenty-four months, and is designed to house individuals or families transitioning from homelessness, incarceration, or recovery programs to stable, permanent housing. Services may include job training, life skills development, and counseling, but not acute care, continuous nursing care, or skilled nursing care to not more than five persons. Residents may meet the definition of a handicapped person, or another person protected against housing discrimination under the federal Fair Housing Act Amendments of 1988, or as amended, and court decisions interpreting that Act.

"Caretaker's unit" means a single dwelling unit that is accessory to a primary commercial premise that is occupied by the employee who oversees the commercial operation and containing living, sleeping, kitchen, and bathroom facilities.

"Carnival" means a traveling and temporary outdoor event featuring amusement rides, games, performances, and food vendors.

"Carport" means a permanent roofed structure designed to provide overhead coverage for standard-size passenger vehicles, trucks, recreational vehicles, and agricultural equipment unenclosed on at least three sides, located over a parking area and/or driveway, and designed to complement the architecture of the adjacent structure.

"Car wash" means a commercial establishment containing special equipment for washing, waxing, and vacuuming of motor vehicles.

"Cemetery" means designated land used for the burial of the dead, including burial plots. May include columbariums, crematoriums, mausoleums, and funeral establishments when operated within the same property as the cemetery.

"Circulation" means a system that allows for the movement and access to buildings, parking areas, loading areas, or other destinations by vehicles and pedestrians.

"Circus" means a travelling and temporary indoor or outdoor event featuring feats of physical skill, daring acts, wild animal, and performances by clowns, acrobats, and other entertainers.

"Clear sight triangle" means an area of unobstructed vision at street intersections between three feet and eight feet above the gutter line forming a triangular shaped area at the street corner. three points and the corresponding lines that connect those three points shall define the area of the clear sight triangle for any given street comer. Point A shall be the corner of the curb of two intersecting streets, or if no curb exists, the corner of the two intersecting streets at the edge of the pavement. Points B and C shall be the appropriate distance along the curb line or street edges. Minimum sight distance is based on speed limit, per the AASHTO Green Book, 2011 or latest edition. When extraordinary conditions exist as determined by the village public works department, the public works director has the authority to determine the appropriate clear sight triangle area.

"Commission" means the village planning and zoning commission of the Village of Los Lunas.

"Conditional use permit" means a permit issued by the village planning and zoning commission that authorizes the recipient to make use of their property in accordance with the requested conditional use listed in the zoning district designated on the property, as well as any additional limitations and requirements imposed by the commission.

"Condominium" means a residential structure, typically in the form of a multi-family development containing individually owned dwelling units, and the remainder of which is designated for common ownership solely by the dwelling unit owners.

"Contractor yard, heavy" means a site used by contractors that includes the storage and handling of heavy materials, such as sand, gravel, concrete, or similar bulk items, and frequent heavy vehicle movement. The yard may also accommodate larger equipment, such as cranes, backhoes, or dump trucks.

"Contractor yard, light" means a site used by contractors primarily for office operations but may include light vehicle storage and the temporary storage of materials, tools, or equipment. This use includes trades such as plumbers, electricians, HVAC technicians, painters, woodworkers, landscapers, and similar professions. Heavy vehicle use is limited, and the storage of materials or use of heavy vehicles does not disrupt the surrounding area.

"Convenience store" means a small retail establishment under five thousand square feet that sells a limited selection of groceries and personal care items such as ready-to-eat foods, beverages, basic pantry staples (e.g., bread, milk, canned goods), toiletries (e.g., soap, toothpaste, shampoo, feminine hygiene products), and over-the-counter medications and shall not sell vehicle fuel. For developments that sell vehicle fuel, see "motor vehicle fueling and service station" or "truck stop."

"Cool season grass" means grass types that grow well in cooler temperatures (e.g. Kentucky Bluegrass, Fescue, Perennial Ryegrass) and require large volumes and frequent applications of water.

"Correctional facility" means a facility where people awaiting trial or persons serving a sentence after being found guilty of committing a crime are kept; includes a prison, jail, and adult or juvenile detention center.

"Council" means the village council of the Village of Los Lunas.

"Crematorium" means a commercial establishment or structure that burns the remains of deceased people or animals.

D

"Data center" means a facility, building, or structure designed or modified to store, manage, process, and transmit digital data that houses computer and network equipment, systems, servers, appliances, and other components related to digital data operations. The use may provide service to authorized users or persons other than the company operating the data center. The development may include but not limited to other associated infrastructure support equipment such as electric power, cooling systems, accessory structures, or wireless transmission facilities.

"Density" means the number of dwelling units per acre determined by dividing the property area by the minimum lot size.

"Density bonus" means a density increase over the otherwise allowable maximum density allowed under a residential zone district.

"Dentist's office" means a healthcare facility specializing in oral health, providing services such as routine cleanings, examinations, cavity fillings, tooth extractions, and cosmetic procedures. Dentist offices are generally small, staffed by dentists, hygienists, and support personnel, and are focused exclusively on outpatient care related to dental and oral health.

"Designated use permit" means a permit issued by the village council that authorizes the recipient to make use of their property in accordance with the requested designated use listed in the zoning district designated on the property, as well as any additional limitations and requirements recommended by the village planning and zoning commission to the council, who has the authority to impose restrictions and make the final decision.

"Developer" means an individual or business that improves land within the village for the purpose of constructing buildings or infrastructure projects, and who may or may not be the owner of the property.

"Development plan application" means a permit issued by the community development department that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements imposed by the development review committee, planning and zoning commission, or the village council as applicable.

"Development review committee (DRC)" means a committee of village staff that reviews development and land use applications. The DRC has the authority to approve certain developments and site plans as outlined in this title.

"Director" means, for the purposes of this title, the director of the Village of Los Lunas Community Development Department or their designee.

"Dog breeding" means the intentional practice of mating male and female dogs for the purpose of producing new offspring.

"Drainage facility" means the structures designed and used to collect, convey, hold, divert, or discharge surface and stormwater runoff including storm drainpipes, canals, and detention/retention ponds.

"Drive-through facility" means an establishment that offers goods and services directly to customers waiting in vehicles, including but not limited to financial institutions, restaurants, pharmacies, dry cleaners, and similar uses. Does not include car washes, gas stations, alcohol, or cannabis sales.

"Dry cleaner" means a commercial facility that provides cleaning of clothes and garments using a nonaqueous organic solvent instead of water.

"Dwelling" means a building or part of a building containing living, sleeping, kitchen, and bathroom facilities installed on a permanent foundation; does not include boat, storage shed, motorized or non-motorized recreational vehicles, bed and breakfast, boarding house, campground, hotel or motel, recreational vehicle park, or short-term rental.

"Dwelling, temporary" means a portable dwelling not attached to a permanent foundation or connected to municipal utilities other than in a recreational vehicle park, used during temporary events, such as friends and family accommodation, construction, emergency, disaster, natural, or otherwise, and occupied only by persons authorized by the property owner, including friends, family, or persons having construction or security responsibilities over such site. The total number of persons three years of age and older that may occupy the temporary dwelling is one person per adequate sleeping arrangement.

E

"Electric-assisted bicycle." See NMSA 1978 § 66-1-4.5(A) for the electric-assisted bicycle definition.

"Electric vehicle charging station" means an electric power device that recharges batteries of electric-powered or hybrid-powered vehicles. Electric vehicle charging station is incidental to the primary use of the property.

"Energy storage system" means a facility designed to capture and store energy from the electrical grid or other energy generation sources for later use. Energy storage systems (ESS) may use a variety of technologies, including but not limited to electrochemical batteries (e.g., lithium-ion or solid-state batteries), mechanical storage (e.g., flywheels or pumped hydro), or thermal storage. Energy stored is discharged back to the grid or used when demand is high, or when generation is low. Utility-scale energy storage is defined as systems with a nameplate capacity greater than six hundred kWh.

"Equestrian center" means a facility where horses, mules, donkeys, or ponies are hired, bred, shown, or boarded, and for the display of equestrian skills and the hosting of events, including but not limited to show jumping, dressage, and similar events, and including accessory stables and exercise areas.

"Extraterritorial planning area" means the two-mile area of the village's planning jurisdiction that lies outside the municipal limits of the village.

F

"Family" means an individual; two or more persons related by blood, marriage, legal guardianship, or adoption, plus household staff; a group of not more than five unrelated persons living together in a dwelling that do not meet the definition of group home; or a group of five persons or more that has a right to live together pursuant to the federal Fair Housing Act Amendments of 1988, or as amended, and court decisions interpreting that Act.

"Farmers' market" means a recurring public assembly of farmers or their representatives selling the food they produced directly to consumers. May also include the sale of crafts.

"Film production" means a temporary use that involves filming a movie, television show, commercial, or other type of televised media as the primary use of the property. Film production includes temporary structures, such as sets, lighting rigs, sound stages, and the parking of large vehicles.

"Financial institution" means a building or portion of a building devoted to providing financial and/or banking services to customers or clients (e.g. banks, credit unions, savings banks, savings and loan associations, lending establishments, and investment companies).

"Foot candle" means the amount of light that will illuminate a surface that is one foot from a uniform light source to an intensity of one lumen per square foot.

"Fully-shielded light fixture," as defined by one or more of the following:

1.

A luminaire that is certified by the manufacturer as "full cut off" [as defined by IESNA (Illuminating Engineering Society of North America)] and supported by a photometric test report from a third-party testing agency and installed according to the manufacturer's instructions.

2.

A luminaire approved by the International Dark-Sky Association (IDA) as dark sky friendly and bearing the IDA fixture seal of approval and installed according to the manufacturer's instructions.

3.

A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light-emitting part.

4.

A luminaire that is shielded by building canopies, overhangs, roof eaves, and similar types of construction which prevents direct or reflected emission of light above the horizontal structure.

"Funeral home" means a commercial establishment where deceased people are prepared for burial or cremation, where the body may be viewed, and where funeral services may be held.

G

"Grade" means the average level of the finished surface of the ground adjacent to the exterior walls or foundation of a building or structure.

"Greenhouse" means a permanent or temporary structure, typically made of glass or transparent materials, designed for the cultivation and production of plants, vegetables, flowers, and other horticultural products.

"Gross floor area" means the total area of a building, including basement, ground floor, garage, mezzanine, and upper floors, expressed in square feet and measured from the outside dimensions of the building.

H

"Health club" or "gym" means a commercial establishment designated and equipped for the activities of exercise, physical fitness, and sports.

"Holiday decoration" means non-commercial signs or displays, including lighting, temporarily displayed on traditionally accepted civic, patriotic, and/or religious holidays.

"Homemade food" means a food item or non-alcoholic beverage produced and packaged at a processor's private farm, ranch, or residence for direct sale to consumers as defined by NMSA 1987 § 25-12 or as amended. Food requiring compliance with any section of the New Mexico Food Service Sanitation Act and the New Mexico Food Act are not considered homemade food.

"Home occupation" means a commercial activity that is conducted by a person on the same lot as the dwelling unit in a residential district where the operator resides and is clearly incidental to that dwelling.

"Homeowners association (HOA)" means a private community organization separate from the Village of Los Lunas established to enact, maintain, and enforce covenants, conditions, and restrictions (CC&Rs) within a designated development. An HOA solely enforces its own regulations, separate from this title. Additionally, the Village of Los Lunas does not enact, maintain, or enforce HOA CC&Rs.

"Horticultural sales" means the growing, producing, and selling of fruits, vegetables, flowers, and nursery stock, including ornamental plants, trees, and sod.

"Hospital" means a healthcare facility providing comprehensive medical, surgical, and diagnostic services, typically including emergency care, inpatient and outpatient treatment, specialized care units, and advanced medical equipment. Different from primary care, dentist offices, medical clinics, or major medical clinics, hospitals offer twenty-four-hour care, have a larger capacity for patients, and provide a wider range of advanced medical services and specialties.

"Household equipment rental" means an establishment that rents out tools, appliances, and various equipment typically used for household projects, maintenance, or events. This can include items such as lawn tools, power tools, carpet cleaners, party supplies, and small construction equipment. The facility typically includes storage for the rental items, a customer service area, and a maintenance area for equipment upkeep.

I

"Infill" means the development of vacant or partially developed parcels that are surrounded by or in close proximity to areas that are substantially or fully developed with municipal services.

"Infrastructure" means the physical framework of a town that includes streets and bridges; sidewalks and trails; water distribution lines; sewer collection and treatment; storm drainage collection; street lighting; electric and gas utilities; and broadband, data, and telephonic lines which may be maintained by the Village of Los Lunas, another agency, or a homeowners association.

"Inspector" means the community development director or their designee.

"Interested party" means an individual, organization, or entity directly affected by, or having a demonstrable and substantial interest in, an order, decision, requirement, or application. This includes property owners, acting agents, or other stakeholders with standing who have a direct and material connection to the subject of the decision or application.

J

(Reserved)

K

"Kennel" means a premise on which five or more domesticated animals over the age of three months are kept, maintained, or boarded for profit; such care does not include medical care or engage in the breeding of animals for sale.

"Kitchen" means an area of a dwelling unit that is principally intended to be used for cooking and shall include the following:

1.

A sink of adequate size and shape for washing dishes.

2.

A cooking stove, range, or oven for food preparation.

3.

A refrigerator for storing perishable food items.

L

"Land, lot" means a parcel of land that has been legally designated through an approved subdivision, which is intended as a unit for transfer of ownership, for development, or for both; and is of sufficient size to meet minimum zoning requirements for area coverage and use; and that can provide yards and other common spaces as required by the zoning district in which it is located.

"Land, parcel" means a contiguous quantity of land capable of being described by location and boundaries in possession of, owned by, or recorded as property of the same claimant person or company.

"Land, plat" means a map and a written description prepared by a professional land surveyor showing the location and boundaries of individual parcels of land subdivided into lots and containing streets, alleys, easements, etc., with survey reference ties to permanent monuments related to the subdivision, re-subdivision (e.g. replat), or consolidation of land. See Title 16 for reference to platting and subdivision procedures.

"Land, subdivision" means the division of land, lot, tract, or parcel into two or more lots, tracts, parcels, plats, or sites, or other divisions of land.

"Land, tract" means a parcel of any size, which retains the original description established through field surveys by the Middle Rio Grande Conservancy District between 1926 and 1928 or retains a map-and-tract based or other tract-based description through subsequent land divisions recorded with Valencia County.

"Laundromat" means a facility equipped with self-service washing machines, dryers, and typically other equipment, such as folding tables and vending machines for laundry supplies. Some laundromats may offer additional services like drop-off laundry, dry cleaning, and ironing.

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

"Livestock" means grazing animals kept either in open fields or structures for training, boarding, home use, or breeding and production, including but not limited to cattle, horses, sheep, goats, and pigs weighing over one hundred twenty pounds and standing twenty inches or less at the shoulder that are kept as pets.

"Loading and unloading area" means the portion of the vehicle accommodation area used to satisfy the requirements of delivery or shipment of goods, merchandise, or equipment to or from a place of business.

"Lot depth" means the dimension measured from the front lot line to the extreme rear lot line. In case of irregularly shaped lots, the mean depth shall be taken.

"Lot frontage" means the portion of a lot contiguous to a street or public right-of-way.

"Lot size" means the total square footage of the lot as described by the platted lot lines.

"Lot width" means the average distance between side property lines measured parallel to the street right-of-way line or tangent line. In case of irregularly shaped lots, the mean width shall be taken.

"Luminaire" means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

M

"Manufacturing, heavy" means the assembly, fabrication, or processing of goods and materials using processes that have significant impacts on the environment or on the use and enjoyment of other surrounding properties relative to noise, smoke, fumes, odors, glare, or health or safety hazards.

"Manufacturing, light" means the assembly, fabrication, or processing of goods and materials in a fully enclosed building using processes that do not create noise, fumes, odors, or health and safety hazards outside the building.

"Medical clinic" means a healthcare facility focused on the care of outpatients, offering routine or specialty services. Clinics provide a broader range of services than a primary care or dentist's office but are smaller in scale and scope than major medical clinics or hospitals. Services may include minor procedures, diagnostic tests, and preventive care. Overnight stays are not permitted.

"Medical clinic, major" means a healthcare facility offering an expanded range of outpatient services, including advanced diagnostics such as X-rays, MRIs, and other imaging scans, lab tests and bloodwork, outpatient surgeries, colonoscopies, mammograms, specialty care for chronic or complex conditions, routine physical exams, and treatments like chemotherapy or radiation. Major medical clinics provide more extensive services than a standard medical clinic but lack the capacity for inpatient or overnight care offered by hospitals.

"Military Reserve and National Guard Centers" means a facility occupied by either the Military Reserve or the National Guard. The Military Reserve is a federal-based group of reserve military personnel or units that is initially not committed to a battle. The National Guard is a state-based military force that is part of the reserve forces of the US Army and US Air Force.

"Mixed-use development" means a development with residential and non-residential uses, excluding caretaker units, combined on the same lot, premise, or in the same building. The non-residential uses are limited to those allowed as permissive, conditional use, or designated use in the zone district in which the mixed-use development is located.

"Mobile food truck" means a motor vehicle, trailer, cart, tent, or similar, located on private or public property, that is equipped to sell food and/or drink to the public. Food and/or drink may be prepared on or off-site.

"Mobile food truck court" means a parcel of land where five or more mobile food trucks or mobile food vendors congregate to offer food and beverage for sale to the public. This use does not include the congregation of mobile food trucks or mobile food vendors as a temporary use covered under a special event permit.

"Motor vehicle fueling and service station" means a commercial establishment primarily engaged in the retail sale of light vehicle fuels, including but not limited to gasoline, gas/oil mixtures, diesel fuel, compressed natural gas, electricity, and hydrogen through fixed, approved dispensing equipment. Incidental activities include but are not limited to car washes and the retail sale of convenience items, food and beverages, and household items.

"Municipal facility" means a facility or building that houses personnel and functions provided by local government, including but not limited to Village Hall, police or fire stations, wastewater treatment plants, etc.

"Mural" means a graphic illustration applied directly to the exterior wall of a building that does not advertise or promote a particular business, service, or product. A mural is a sign only 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 structure that displays, preserves, and/or exhibits objects of community interest in art, antiquities, or similar items, operating with or without an admission fee.

N

"Nightclub" means a commercial establishment primarily operating during evening and nighttime hours, where entertainment such as live music, DJs, dancing, and other performances are provided. Nightclubs typically feature a dance floor, a stage or performance area, and one or more bars serving alcoholic and non-alcoholic beverages. These venues may also offer seating areas, VIP sections, and sometimes food service.

"Nonconforming, dimension" means a legal situation existing at the effective date of this title that does not meet the height, size, or floor space requirements of the zoning district in which the lot is located.

"Nonconforming, lot" means a legally platted and recorded lot existing at the effective date of this title that does not meet the minimum lot size requirements of the zoning district in which the lot is located.

"Nonconforming, structure" means a legal building, structure, or portion thereof existing at the effective date of this title which exceeds maximum height, density, or setback requirements of the zoning district in which the lot is located.

"Nonconforming, use" means a legal use existing at the effective date of this title that is no longer allowed by the use regulations of the zoning district in which the use is located.

"Nuisance" means the use of property or land that creates blight, or unreasonable, unusual, unnecessary, or undue problems or situations, adversely affecting persons or the environment in the vicinity.

O

"Office building" means a structure primarily designed and used for conducting business activities, including but not limited to administrative, professional, or clerical operations. An office building has individual offices or suites accessed from interior common areas, hallways, or lobbies rather than directly from the outside. These buildings typically do not include retail stores, shopping centers, restaurants, or other commercial operations.

"Open air market" means any outdoor place, accessible to the public, where goods or services are offered for sale, which consists of more than two merchandise stalls grouped together; but does not include mobile food trucks, mobile food truck courts, or farmers markets.

"Outdoor concert" means a single outdoor event that features live performance and operates under a special event permit from the Village of Los Lunas Community Development Department.

"Overlay zone" means a zoning designation that is placed on top of an underlying zoning district that imposes special regulations in addition to those of the underlying zone.

P

"Pad site" means a freestanding parcel of commercial real estate located in front of a large commercial development or anchor that may be ground leased or purchased and may share parking spaces with other tenants of the commercial development.

"Parapet" means the portion of an exterior wall projecting vertically above the roofline of the building.

"Parking area" means a designated area intended for the short-term accommodation for the off-street parking of motor vehicles by customers, clients, employees, or residents; includes parking spaces and drive aisles and provides ingress and egress from and to a street or alley.

"Parking, commercial lot" means a designated area operated as a commercial business, intended for short-term accommodation of no more than seven days for the off-street parking of motor vehicles by customers, clients, employees, or residents; includes parking spaces and drive aisles and provides ingress and egress from and to a street or alley.

"Pawn shop" means a commercial establishment engaged in the business of lending money on the deposit or pledge of personal property; the purchase of personal property with the expressed or implied agreement or understanding to sell it back at a stipulated price; or engaged in the business of purchasing personal property, items of precious metals or gems and reselling the product.

"Planned residential development" means development constructed on a tract of at least five acres, under single ownership, planned and developed as an integral unit, and consisting of single-family detached dwelling units combined with either two-family dwelling units or multi-family dwelling units.

"Planned unit development" means a development constructed on a tract of at least ten acres under single ownership, planned and developed as an integral unit, and consisting of a combination of residential and nonresidential uses.

"Planning and zoning commission" means a five-member board appointed by the mayor for a two-year term and who is authorized to make recommendations to the village council concerning applications for designated use permit, text amendments, and zone map amendments. The commission is also authorized to make final decisions on appeals from any order, decision, requirement, or interpretation by the community development director or development review committee; applications for conditional use permit and variances; and interpretations of the zoning map, including zoning district boundary lines.

"Premises" means a lot or combination of contiguous lots, together with the development on it.

"Primary care" means a healthcare facility staffed by general practitioners who provide routine and preventative care for individuals and families. Services typically include physical exams, treatment for common illnesses, vaccinations, and management of chronic conditions. Primary care offices are smaller in size and scope than medical clinics, focusing exclusively on general health needs without specialized diagnostic equipment or surgical capabilities.

"Principal/primary building" means the building or structure in which the principal use of the lot is located and conducted. Lots with multiple principal uses may have multiple principal buildings, but accessory structures shall not be considered principal buildings.

"Public safety facility" means a facility that provides civil defense operations, ambulance, rescue service, police, or fire protection and related administrative facilities.

Q

(Reserved)

R

"Real estate office, temporary" means a structure used as a temporary office to sell or lease land or buildings or interests in land or buildings within a specified area. May also include a model home.

"Religious institution" means a building that houses an organization founded on an established religion, such as a church, synagogue, mosque, temple, or other house of worship and subject to the land use provisions of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc, et seq.

"Research and development" means a facility engaged in the investigation and experimentation of products, processes, and technologies. This use includes laboratories, testing facilities, and related offices for scientific research in various fields, such as environmental sciences, materials, engineering, and biotechnology. R&D facilities may also incorporate light manufacturing, warehousing, or office functions associated with product development and testing.

"Residence, cluster development" means a development type for a single-family subdivision that permits smaller lots than would otherwise be allowed in the zone district in return for the preservation, dedication, and maintenance of common space in perpetuity by the homeowners' association established for the subdivision, and provided there is no increase in the number of lots permitted by the zoning district.

"Residence, duplex" means a residential building consisting of two attached dwelling units, each of which is occupied by one family and divided by common walls, situated on the same parcel. Each dwelling unit shall have a separate entrance.

"Residence, horizontal multi-family detached" means three or more single-family detached dwelling units rented or leased and situated on the same parcel with a minimum density of eight dwelling units per acre.

"Residence, manufactured home" means a movable or portable single-family dwelling unit with a heated area of at least thirty-six feet by twenty-four feet and at least eight hundred sixty-four square feet designed to be moved on its own chassis in one or more separate units, installed with or without a permanent foundation, and constructed in a factory to the Housing and Urban Development National Manufactured Housing Construction and Safety Standards Act of 1974.

"Residence, mobile home" means a movable or portable single-family dwelling unit with a heated area larger than forty feet by eight feet and is more than three hundred twenty square feet designed to be moved on its own chassis, installed without a permanent foundation which cannot be construed as real property, and constructed in a factory prior to 1976 but not to the Housing and Urban Development National Manufactured Housing Construction and Safety Standards Act of 1974. Mobile homes do not include a recreational vehicle, recreational travel trailer, or a tiny house.

"Residence, modular home" means a factory-built home that is constructed in modules and built to the same uniform building codes as site-built homes, and transported to and installed on the home site, but not built on a chassis. Modular home does not include manufactured home.

"Residence, multi-family attached" means one or more residential buildings with three or more attached dwelling units divided by common walls rented or leased and situated on the same parcel.

"Residence, single-family detached" means a site built residential building used for occupancy by one family that is not attached to any other primary dwelling unit through shared walls, ceilings, or floors and is located on a single lot.

"Residence, tiny house" means a single-family dwelling unit of two hundred to four hundred square feet in floor area, excluding lofts, containing living, sleeping, kitchen, and bathroom facilities, installed on a permanent foundation with or without a chassis and the axle(s) removed. Structures that retain axles shall not be classified as a tiny house and will instead be regulated as a recreational vehicle.

"Residence, townhouse" means a site built residential building consisting of two or more but not exceeding six attached dwelling units divided by common walls and situated on separate parcels. Each dwelling unit shall have a separate entrance at ground level.

"Residence, zero-lot line" means a site built detached single-family dwelling with one exterior side wall that is located on a side property line, thus reducing the side yard setback on one side to zero feet in favor of a larger side yard setback on the opposite side of the lot.

"Restaurant" means an establishment where prepared meals, beverages, or confections are served to and consumed on its premises by customers seated at tables and/or counters either inside or outside the building, and which also may be engaged in providing customers with take-out service of food and/or non-alcoholic beverages for off-site consumption. Sale of alcohol is controlled by other provisions of the Municipal Code and the New Mexico State statutes regarding alcoholic drink sales.

"Restaurant, prep kitchen" means a commercial kitchen facility designed for the preparation, cooking, and packaging of food, typically used for catering, food trucks, or delivery services. It does not serve food on-site to customers.

"Retail, general" means a commercial establishment engaged in the sale of new or used goods directly to the final consumer, including but not limited to the sale of general merchandise or food; clothing, shoes, and other apparel; flowers and household plants that are not grown on-site; dry goods; convenience and specialty foods; hardware and similar consumer goods; or other retail sales not listed as a separate use in Table 17.08.020(1). General retail does not include pawn shops or wholesaling.

"Right-of-way" means the public property that is dedicated or deeded for public use, under the control of a public agency, and intended to be occupied by a street, median, sidewalk, water line, sanitary sewer or other public utilities or facilities.

S

"School, charter" means a public institution authorized by the State of New Mexico Public Education Commission or the Los Lunas School District to provide for the teaching and education of children, typically offering alternative educational options.

"School, private" means an accredited private institution for the teaching and education of children or adults including primary, secondary, and post-secondary academic, vocational, technical, colleges, universities, and similar facilities.

"School, public" means a public institution authorized by the State of New Mexico Higher Education Department, Public Education Commission, or the Los Lunas School District to provide for the teaching and education of children or adults including primary, secondary, and post-secondary academics; vocational, technical, colleges, universities, and similar facilities.

"Seasonal outdoor sales" means temporary retail activities conducted outside, typically involving the sale of goods such as plants, fireworks, Christmas trees, chile, or other produce. These sales are limited to specific times of the year such as holidays or cultural events.

"Setback" means the minimum required distance between a structure and/or a lot line, establishing the portion of the lot that must remain unoccupied, except for permitted projections or improvements. Setbacks include front, side, and rear areas of the lot. Yard areas are inclusive of the required setbacks and may extend beyond the setback boundaries, but only into other portions of the same lot and not into adjacent lots or public right-of-way.

1.

"Front yard" is the portion of the lot at grade between the front lot line, as determined by the primary access point, and the parallel wall of the primary building, unoccupied and unobstructed by any portion of a structure from the ground upward to the sky, except for permitted projections from the ground such as landscaping, fencing, or walls.

2.

"Side yard" is the portion of the lot at grade on each side of the primary building, bounded by the side wall of the primary building on one side, the side lot line on the opposite side, beginning from the front wall of the building and extending to the rear wall.

3.

"Rear yard" is the portion of the lot at grade between the rear wall of the primary building and the rear lot line, unoccupied and unobstructed by any portion of a structure from the ground upward to the sky, except for permitted projections from the ground such as accessory structures, landscaping, fencing, or walls.

"Shopping center" means a premises containing a group of commercial establishments designed, organized, and managed as a unit that share parking areas, pedestrian walkways, and loading facilities.

"Sign" means any device, including but not limited to letters, words, numerals, figures, emblems, logos, or a combination, used for visual communication, that is intended to inform or attract the attention of the public and visible from the public right-of-way or other properties and does not include murals.

"Sign, abandoned" means any sign that describes, directs attention to, or gives directions for locating any business or establishment that is no longer in operation; advertises a product no longer being marketed, or any sign structure lacking a sign face or sign copy for a period that exceeds ninety days.

"Sign area" means the entire face of a sign as measured from the outer area of all letters, characters, and delineations, including the advertising surface and any framing, trim, or molding, but not including the supporting structure.

"Sign, awning" means a sign that is attached to, painted, stamped, perforated, or stitched, onto an awning.

"Sign, banner" means a temporary sign of lightweight fabric, canvas, vinyl (PVC), mesh vinyl, adhesive vinyl, or similar material that shall not be permanently mounted to a pole, building, or another support structure. Flags shall not be considered banners.

"Sign, billboard" means an outdoor panel, wall, fence, large poster, or similar structure typically located alongside roadsides, busy streets, or prominent locations, which may or may not advertise or direct attention to a business, product, service, or event, that is not conducted, sold, or offered at the premises where the billboard is located.

"Sign, building identification" means a sign that identifies only the name, address, suite number, or another building identifier, on the premises upon which it is located and provides no advertisements or product identification.

"Sign, building-mounted" means a sign entirely supported by or through a building, including canopy sign, marquee sign, projecting sign, rooftop sign, or wall sign.

"Sign, bulletin board" means a permanent or temporary sign used to display public notices, advertisements, or messages to inform the public or specific community groups about events, announcements, or services.

"Sign, canopy" means a sign that is mounted, painted, or applied on or attached to the perpendicular face of a freestanding canopy or structural appendage that projects out from a building wall that is also a protective cover over a sidewalk, outdoor entry, doorway, fueling station, or similar. Canopy signs are frequently supported by poles but is not a requirement as they may be attached to a building. An awning or a marquee is not a canopy sign.

"Sign, collection box" means a sign copy on one or more faces of a collection box that pertains directly to the charitable or non-profit organization for which the goods collected are intended to benefit. Collection box signs shall contain no commercial advertising.

"Sign, development/construction" means a type of temporary sign used to identify a subdivision, commercial use, shopping center, industrial park, or other type of development being, or to be, constructed.

"Sign, directional" means a sign whose message is exclusively limited to guiding the circulation of motorists or pedestrians on the site such as "enter" or "exit" and provides no advertisements or product identification.

"Sign, electronic" means a sign that displays words, symbols, figures, or images that can be changed by remote or automatic means and may be animated but is static for a minimum of eight seconds. Does not include neon signs.

"Sign, flag" means any fabric or flexible material that is attached to or designed to be flown from a flagpole and which is used to symbolize a government, political subdivision, institution, or other entity.

"Sign, flex-pole" means a temporary sign that consists of a flag that includes an advertising message that is attached to a flexible pole that attracts attention by the flag and pole moving by the wind.

"Sign, freestanding" means a sign supported by a structure that is placed on or anchored in or below the ground and is not attached to a building or other structure; includes monument, pylon, and pole signs.

"Sign, garage sale" means a sign used to advertise a garage sale, yard sale, rummage sale, estate sale, moving sale, or similar sales, for the resale of used personal property. For the purposes of this title, this also pertains to community sales, which may involve several individuals at the same location.

"Sign, government" means a sign erected and maintained by or on behalf of the government, or required by law, ordinance, or other regulation, including legal notices, advertisements, traffic, identification, direction, and information signs on government property. Government signs are exempt from regulation.

"Sign, hanging" means a sign that is suspended from, and located entirely under, a covered porch, covered walkway, or an awning.

"Sign, home occupation" means a sign located on a residentially zoned lot that only contains advertising for goods and services legally offered on the premises where the sign is located, with the requirement that the service offered at the location conforms to all requirements of this title.

"Sign, illegal" means a sign erected without first obtaining a permit and without complying with all regulations in effect at the time of its construction or use; a sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises; a sign that is a danger to the public or is unsafe; or a sign that pertains to a specific event that has not been removed within the time specified in this title after the event has occurred; or a sign that is otherwise in violation of this title.

"Sign, incidental" means a sign, generally informational, that has a purpose secondary to the use of the lot or premise on which it is located, such as "no parking," "entrance," "loading only," "telephone," "beware of dog," and other similar messages. No sign with a commercial message or advertisement that is readable from a location off the lot on which the sign is located shall be considered an incidental sign.

"Sign, informational" means a sign used to convey non-commercial information that is beneficial or necessary for public knowledge or the efficient operation of a premises. These signs may include directories, maps, rules and regulations, hours of operation, premises or location, historical markers, memorials, or similar.

"Sign, inflatable" means a temporary sign or attention-getting apparatus designed to be filled with air or gas to create a three-dimensional display for advertising or promotional purposes and can take various shapes and sizes, including balloons, tubes, characters, or other novelty forms often used for events, sales, or business promotions.

"Sign, marquee" means a permanent horizontal sign attached to a marquee that projects out from a building wall at a building entry particularly theaters, cinemas, or hotels and includes lettering that is changeable, fixed, or both. A marque sign is not a canopy or awning sign.

"Sign, mobile billboard" means a sign attached to a vehicle, typically a truck, that contains advertising or messages and is driven around the community; not intended to be stationary.

"Sign, monument" means a detached, freestanding sign supported primarily by an internal structural framework or by a permanent base that is affixed to the ground or other solid structural feature other than support poles, pylons, or attached to a building.

"Sign, nonconforming" means a sign which was legally installed under the ordinances in effect at the time of its installation, but which no longer conforms with the current provisions of this title.

"Sign, off-premises" means any sign advertising or identifying a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.

"Sign, on-premises" means a sign advertising or identifying a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered, at the location where the sign is located.

"Sign, open house" means a temporary sign used to advertise the sale of a house and direct potential buyers to the house for sale.

"Sign, pennant" means a geometric shaped cloth, fabric, or other lightweight material, normally fastened to a stringer and secured or tethered so at to allow movement in the wind.

"Sign, permanent" means a sign attached to a building, structure, or to the ground in a manner that requires a permit, and which is constructed of durable materials and intended to exist for the duration of time that the use or occupant is located in the building or premises.

"Sign, political" means a temporary sign identifying and urging support or opposition for a particular election issue, political party, candidate for public office, or political issue.

"Sign, portable" means a sign whose principal structure is intended by design and construction to be used by resting upon the ground for support and may be easily moved or relocated for reuse.

"Sign, post and panel" means a type of freestanding sign consisting of one or more panels supported by vertical posts. Typically used for real estate, business advertisements, construction, directional purposes, or similar, this sign structure includes panels mounted on posts and shall not include banners.

"Sign, projecting" means a building-mounted sign that projects perpendicularly from a building above the building entry and advertises the commercial business or entity housed inside the building.

"Sign, promotional" means a temporary sign that includes posters, pennants, banners, streamers, balloons, flags, and other displays of a commercial nature used to promote a grand opening or sales event.

"Sign, pylon/pole" means a freestanding sign that is attached to or supported from the ground by a pole(s) or pylons(s) and is not attached to a building or structure.

"Sign, real estate" means a temporary sign placed upon property that indicates the sale, lease, or rental of the building or property, or to construction activities on the site

"Sign, revolving" means a sign or a sign structure that revolves or partially revolves in a circular pattern by means of a mechanical method around an axis, which includes, but is not limited to, a pole, building or other type of support.

"Sign, roof" means a sign erected upon and over a roof structure and wholly supported by the roof structure.

"Sign, single event" means a temporary sign that advertises or announces a single event that is conducted for less than twenty-four hours, is not permanently attached to the ground or sign surface and is removed once the event has concluded.

"Sign, special event" means a temporary sign that advertises or announces a special event that is conducted for more than one day but not longer than seven calendar days, is not permanently attached to the ground or sign surface and is removed once the special event has concluded.

"Sign, subdivision" means a permanent sign placed on private property within a private easement and located at the entrance of residential subdivisions for the purpose of identifying the subdivision.

"Sign, subdivision directional" means a temporary sign that is designed and erected for the purpose of directing the public to a residential subdivision for the sale of homes or lots thereon. These signs may be placed on property other than property located within the subdivision.

"Sign, temporary" means a sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a specified period of time. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

"Sign, wall" means a sign mounted flat against a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure that is supported by the wall or building. Any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign.

"Sign, window" means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window, on the windowpanes, or door with its message or image visible from the exterior of the window. Window wraps and windows with messages or images are considered window signs.

"Sign, yard" means a small, freestanding sign used for temporary advertising or informational purposes such as political campaigns, real estate listings, event promotions, or personal messages. These signs are typically made of durable materials like corrugated plastic or metal and are supported by stakes or frames inserted into the ground.

"Site plan" means a two-dimensional drawing that is drawn to scale and illustrates the buildings, structures, setbacks, parking, access, driveways, drive aisles, and other relevant site information in the development, as applicable.

"Special event, large" means temporary events, including circuses, fairs, carnivals, parades, races, festivals, or other types of similar size special events that run for one day but not longer than seven calendar days.

These activities are likely to attract substantial crowds and are unlike the customary or usual activities generally associated with the property where the special event is to be held.

"Special event, small" means temporary events, including graduations, holiday parties, weddings, or other types of similar size special events that run for no longer than one day. These activities are likely to attract moderate crowds and may be similar to the customary or usual activities generally associated with the property where the special event is to be held.

"Stacking lane" means a paved surface designed to accommodate vehicles whose occupants will be patronizing a drive through facility, such as financial institutions, restaurants, pharmacies, and dry cleaners.

"Stepback" means the horizontal distance in a multi-story building between the vertical plane of the ground level building façade and the vertical plane of the building façade above the ground floor.

"Storage, motor vehicle" means a secure structure or outdoor area, which may be part of a self-storage development, intended for the short or long-term storage of motor vehicles, recreational vehicles, off-highway vehicles, or boats, generally for a period of eight calendar days or more, regardless of whether the motor vehicle is titled, licensed, or operable, but does not include a salvage yard.

"Storage, outdoor" means the storing of goods, items, materials, merchandise, or similar outside of a building for more than twenty-four hours. This use typically involves static storage without significant operational activity or heavy vehicle movement. It includes but is not limited to commercial and industrial goods, items, materials, merchandise, or similar that are not part of regular business operations but are stored outside for an extended period.

"Storage, salvage yard" means a secure outdoor area where used or damaged vehicles, machinery, or materials are stored, dismantled, and may be sold for parts or recycling.

"Storage, self" means a development consisting of three or more individual, fully enclosed units that are leased or owned for the indoor storage of business, household goods, or contractors' supplies. May include individual units within a single enclosed building with access to the units through interior corridors or individual storage units with direct access from the outdoors. A self-storage development may include vehicle storage.

"Storage, tow yard" means a secure structure or outdoor area intended for the short or long-term storage of vehicles that have been towed, impounded, or are awaiting repair or retrieval and typically operated by towing companies or law enforcement agencies but not including a salvage yard.

"Street" means a public right-of-way or private way that is primarily devoted to vehicular use and can be designated as a street, drive, highway, throughway, boulevard, avenue, lane, place, way, road, circle, court, or any other street type.

"Street, cul-de-sac" means a roadway that has one end open to vehicular traffic and the other end terminating in a vehicular turnaround.

"Street, functional classification system" means a system that groups roads into classes based on their intended function and their ability to move traffic and provide access to adjacent properties, with access control being a key factor in functional classification. The three main functional classes include arterial, collector, and local.

"Street, local" means the most common type of roadway in the functional classification system whose function is to provide direct access to adjacent land and is not intended for use in long distance travel.

"Street, major collector" means a roadway that connects traffic from local roads and funnels it to the arterial network, with a lower speed limit than arterials. Major collectors are longer in length; have lower connecting driveways densities; have higher speed limits; are spaced at greater intervals; have higher annual traffic volumes; and may have more travel lanes than minor collectors. Major collectors offer more mobility than minor collectors.

"Street, minor arterial" means a roadway that serves trips of moderate length, usually connecting to and augmenting principal arterials. Minor arterial offers less mobility than a principal arterial, but a higher level of accessibility typically without penetrating residential neighborhoods.

"Street, minor collector" means a roadway that connects traffic from local roads and funnels it to the arterial network, with a lower speed limit than arterials or major collectors. Minor collectors are typically shorter in length; have greater connecting driveway densities; have lower speed limits; are spaced at closer intervals; have lower annual traffic volumes; and typically have less travel lanes than major collectors. Minor collectors offer more access than major collectors.

"Street, principal arterial" means the highest classification of roadways that serve major activity centers and have the highest traffic volumes, higher speed limits, and limited access.

T

"Tap room/tasting room" means an establishment that is associated with a local brewery, winery, or distillery where beer, wine, or spirits are available for on-site consumption and the sale of packaged alcohol for offsite consumption is allowable.

"Truck stop" means a facility including but not limited to retail fueling services for heavy vehicles, repair shops, automated washes, restaurants, short-term parking, overnight parking, and motels for tractor-trailer or semi-truck drivers and companies.

U

"Usable common space" means an area that is not encumbered with any substantial structure, is not devoted to use as a roadway, parking area or sidewalk, is landscaped for ballfields, picnic areas, or similar facilities or is capable of being used for purposes of informal and unstructured recreation and relaxation, and is practicably accessible to the residents of the development or to the public if dedicated for public use.

V

"Variance" means a discretionary exception to specific dimensional or development standards or a variation from the strict application of standards contained in this title. A variance shall only be granted where it is determined that such an exception will not be contrary to the public interest and where, owing to unique conditions peculiar to the property and not the result of actions by the applicant, a literal enforcement of this title would result in unnecessary and undue hardship.

"Vehicle, commercial trailer" means a trailer with a gross vehicle weight rating (GVWR) of ten thousand pounds or greater, and/or a length exceeding twenty feet (excluding the tongue), designed for transporting equipment, goods, materials, or vehicles, regardless of its stated use or purpose and include semi-trailers, dump trailers, large car haulers, and similar equipment. Regardless of intent, such trailers are classified as "commercial" based on their size and capacity.

"Vehicle, heavy" means a vehicle with a gross vehicle weight rating (GVWR) of ten thousand pounds or greater, and/or ninety-six inches or wider, including but not limited to tractors, semi-trucks, buses, harvesters, loaders, and other heavy machinery.

"Vehicle, non-commercial trailer" means a trailer with a gross vehicle weight rating (GVWR) of less than ten thousand pounds and a length not exceeding twenty feet (excluding the tongue). These trailers are intended for personal use and include utility trailers, small cargo trailers, and other trailers designed to carry personal items, recreational equipment, or household materials but does not include boat trailers, which are classified as recreational vehicles. Regardless of intent, trailers that exceed these weight or size limits are classified as commercial trailers.

"Vehicle, off-highway" means any motor vehicle intended for use off-highway/off-road and not legally equipped for operation on state highways and Village of Los Lunas streets, as defined by NMSA 1978 § 66-3-1001.1(E) or as amended.

"Vehicle, passenger" means a light vehicle with a gross vehicle weight rating (GVWR) of less than ten thousand pounds, including but not limited to motor vehicles, automobiles, light trucks, sport utility vehicles, vans, motorcycles, scooters.

"Vehicle, recreational" means a vehicle including but not limited to a camping trailer, motor home, mini motor home, travel trailer, truck camper, van camper, boat, and boat trailer used primarily for travel and recreational purposes, as well as any vehicle bearing recreational vehicle registration (license) plates, that shall not be connected to utilities. A recreational vehicle shall not be considered an accessory dwelling unit.

"Vendee" means a person to whom goods or services are furnished.

"Vendor" means a person furnishing goods or services.

"Veterinary clinic or hospital" means a facility licensed to provide medical, surgical, dental, and diagnostic services for animals. These services include routine check-ups, vaccinations, emergency care, surgeries, and specialized treatments. Veterinary clinics may also offer boarding, grooming, and ancillary services.

W

"Warehouse" means a building in which goods, merchandise, or equipment are stored and frequent heavy vehicle activity may occur. Open storage of material, manufacturing, and production are prohibited.

"Warm season grass" means grass species that thrive during late spring and summer months when temperatures are over seventy-five degrees and in soils with low moisture holding capacity, low pH, and low phosphorus levels. Warm season grass becomes dormant and turns brown in the cool temperatures of late fall and winter.

"Wireless transmission facility (WTF)" means unmanned facilities used for wireless communications, usually consisting of a support structure for antennas, equipment shelters or cabinets, and/or other transmission and reception devices used for business or commercial purposes.

1.

"WTF equipment storage shelter" means an unmanned structure used for freestanding telecommunication facilities or, when necessary, roof or building-mounted facilities to house WTF equipment.

2.

"WTF roof or building-mounted facility" means a facility where antenna is mounted to an existing structure, on the roof of a building, or on the building face(s). The facility will include both antenna(s) and related equipment. The equipment will be located in the existing structure or within an unmanned equipment storage shelter.

X

"Xeriscaping" means the practice of designing landscapes that conserve water in arid regions by using plant materials that require little water, placing plants with similar water needs together, and employing efficient irrigation techniques.

Y

(Reserved)

Z

(Reserved)

(Ord. No. 481, 1-30-2025)