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 this section shall have the following meanings indicated when used in this title:

"Accessory apartment" means a second dwelling unit on a single-family lot, consisting of not more than one bedroom, and incorporating separate bath and kitchen facilities.

1.

Setback requirements for accessory apartments are the same as the overall setback requirements for the parcel.

2.

An accessory apartment may be detached, attached to or above garage, or attached to or above primary unit.

3.

Space for an accessory apartment may be built without plumbing to provide the opportunity for future conversion to a conforming accessory apartment.

4.

An accessory apartment must have pedestrian access from a street or alley independent of primary unit access.

5.

No off-street parking is required for accessory apartments.

6.

Accessory apartments may be rented and/or occupied by persons unrelated to the occupants of the primary residence.

"Accessory use" means a subordinate use or structure customarily incidental to and located on the same lot with the principal use or main building. The following activities are specifically regarded as accessory to residential principal uses:

1.

Offices or studios within an enclosed building and used by an occupant of residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as they do not fall within the definition of a home occupation;

2.

Hobbies or recreational activities of a noncommercial nature;

3.

Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days during any ninety-day period;

4.

The storage of any motor vehicle that is neither licensed nor operational is not an accessory use and is prohibited in residential areas;

5.

The use of mobile homes for storage is expressly prohibited.

"Administrator" means the person primarily responsible for administering and enforcing this title who may be assigned by the clerk-treasurer to one or more individuals. The term "staff" or "planning staff" is sometimes used interchangeably with the term "administrator."

"Affordable housing" means housing with a sales price or rental amount within the means of a household that may occupy moderate- and low-income housing based on HUD definitions. In the case of dwelling units for sale, affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than thirty percent of such gross annual household income for a household of the size that may occupy the unit in question. In the case of dwelling units for rent, affordable means housing for which the rent and utilities constitute no more than thirty percent of such gross annual household income for a household of the size that may occupy the unit in question.

"Affordable ownership cost" means monthly housing payments including interest, principal, mortgage insurance, property taxes, homeowner's insurance, property maintenance and repairs, a reasonable allowance for utilities, and homeowner's association dues, if any, between sixty and eighty percent of the area median income as defined by the New Mexico Mortgage Finance Authority, adjusted for assumed household size based on unit size, multiplied by thirty-five percent and divided by twelve.

"Antenna" means the equipment designed to transmit or receive electronic signals.

"Bar" means an establishment where the principal business is to serve alcoholic beverages.

"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 rented by a vendor to a vendee as a permanent residence for a period of at least thirty consecutive days and which is not for temporary lodging or where the vendee enters into or has entered into a written agreement for lodgings at the premises for a period of at least thirty consecutive days, unless those premises are temporary lodging, in which case, the rental shall be considered a short-term rental.

"Building" means an edifice, structure or construction of any kind, which has a permanent foundation.

"Carport" means a structure designed to provide overhead coverage for standard-size passenger vehicles and trucks, unenclosed on at least three sides, designed to complement the architecture of the adjoining neighborhood as much as possible.

"Child care home" means a home for not more than five orphaned, abandoned, dependent, abused, or neglected children; together with not more than two adults, who supervise such children, all of whom live together as a single housekeeping unit.

"Childcare institution" means an institutional facility housing more than five orphaned, abandoned, dependent, abused, or neglected children.

"Circulation area" means that area used for access to parking or loading areas or other facilities on a lot.

"Clear site triangle" means a triangle formed by the intersection of two right angle curbs at a street intersection or driveway measured back from the intersection twenty-five feet along the curb line and closed.

"Cluster subdivision" means a form of development for a single-family subdivision that permits a reduction in lot area, provided there is no increase in the number of lots permitted by the zoning district, and the undeveloped land resulting from the lot reduction is devoted to open space.

"Conditional use permit" means a permit issued by the planning and zoning commission 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 commission.

"Condominium" means one or more structures containing two or more dwelling units each that are sold to and held under individual ownership by the occupants, and which may or may not include ownership of the land upon which the dwelling units are situated.

"Convenience store" means a retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items.

"Cool season turf grasses" means selections or combinations of Kentucky bluegrasses, perennial ryegrasses, fine fescues and tall fescues, which require large volumes and/or frequent applications of water throughout its life.

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

"Day care center" means any child care arrangement that provides day care on a regular basis for more than four hours per day for more than twelve children. All state license requirements must be met.

"Density bonus" means a density increase over the otherwise allowable maximum residential density, as described in Section 17.48.080.

"Designated use permit" means a permit issued by the village council 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 planning and zoning commission.

"Developer" means a person who is responsible for any undertaking that requires a zoning permit, conditional use permit, designated use permit, subdivision plat approval, or sign permit.

"Dwelling unit" means an enclosure containing sleeping, kitchen, and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

"Extraterritorial planning area" means that portion of the village's planning jurisdiction that lies outside the corporate limits of the village.

"Family" means one or more persons occupying a single dwelling unit.

"Family day care home" means the provision of day care in a private residence for up to twelve children as permitted by the state. This is a home occupation and will require that the planning commission grant a conditional use permit.

"Gross floor area" means the total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

"Handicapped or infirm home" means a residence within a single dwelling unit for up to five persons who are physically or mentally handicapped or infirm, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.

"Handicapped or infirm institution" means a facility housing and providing care or assistance for persons who are physically or mentally handicapped or infirm.

"Home occupation" means a commercial activity that is conducted by a person on the same lot, in a residential district, where such person resides. This is a conditional use that requires that a permit for the planned activity may be renewed on an annual basis as required by the planning and zoning commission.

"Hotel" means a public house that provides lodging and board as a primary business.

"Intermediate care home" means a facility maintained for the purpose of providing accommodations for not more than five occupants needing medical care and supervision.

"Kennel" means a commercial operation that provides food and shelter and care of animals for purposes not primarily related to medical care, or engages in the breeding of animals for sale.

"Light manufacturing" means a business activity that involves the manufacturing of goods at a production scale determined to serve the local population as its end user.

"Loading and unloading area" means that 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" means a parcel of land whose boundaries some legal instrument such as a recorded deed has established and which is recognized as a separate legal entity for purposes of transfer of title.

"Low income" means households with a gross household income that does not exceed sixty percent of the area median income as defined by the New Mexico Mortgage Finance Authority for households of the same size within the county in which the housing is located.

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

"Mixed use development" means development with residential and nonresidential uses combined in the same building or buildings, including, but not limited to, where the owner or tenant is both living and working on the premises. The nonresidential uses are limited to those allowed as permissive or conditional in the zone in which the mixed use development is located, plus incidental activities.

"Mobile home" means a transportable structure, exceeding eight body feet in width and/or thirty-two body feet in length, built on a chassis, irrespective of whether the towing tongue has been removed. These units are designed for use as movable dwellings with or without a permanent foundation when connected to required utilities.

"Mobile home park" means a parcel of land developed or intended to be developed for occupancy by two or more mobile homes which are used for human dwelling purposes, normally on a long-term occupancy basis.

"Modular home" means a factory-fabricated transportable building which would be transported on something other than its own chassis and designed to be used by itself or to be incorporated with similar units at building site into a modular structure. The term is intended to apply to major assemblies which must conform to the local building code, and does not include prefabricated panels, trusses, plumbing trees and other subelements which are to be incorporated in a structure at the building site.

"Motel" means a hotel for motorists usually opening directly onto a parking area.

"Nonconforming lot" means a lot existing at the effective date of the ordinance codified in this title that does not meet the minimum area requirement of the district in which the lot is located.

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

"Nonconforming use" means a use that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.

"Open space" means ground area that satisfies visual needs of the community for light and air. It may be covered with vegetation, game courts, nonvehicular paths or nonpermanent buildings provided that such buildings do not cover more than five percent of the ground area.

"Overlay zone" means a zone district placed over other zones such that special zoning requirements are imposed in addition to those of the underlying zone. Development within the overlay zone must conform to the requirements of both zones or the more restrictive of the two zones.

"Nursing care home" means a facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than five persons.

"Nursing care institution" means a facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than five persons.

"Planned residential development" is a 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 residences combined with either two-family residences or multi-family residence.

"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.

"Recreational vehicle or travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, and not permanently connected to utilities.

Residence, Multi-Family. "Multi-family residence" means any of the following.

1.

"Apartment" 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.

2.

"Duplex" means a residential building consisting of two attached dwelling units divided by common walls, situated on the same parcel. Each dwelling unit shall have a separate entrance at ground level

3.

"Patio home" means a building intended for occupancy by one family. These structures may be built on a zero lot line such that they are attached along a side lot line by a garden wall, a cross wall or common wall with another unit.

4.

"Townhouse" means a 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.

5.

"Horizontal Multi-family Detached Apartment" means three or more single-family detached dwelling units rented or leased and situated on the same parcel with no less than ten dwelling units per acre.

Residence, Primary With Accessory Dwelling Unit. "Primary residence with accessory dwelling unit" means a residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit. The second dwelling comprises not more than twenty-five percent of the gross floor area of neither the building nor more than a total of seven hundred fifty square feet.

Residence, Single-Family Detached. "Single-family detached residence" means a residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units.

"Restaurant" means an establishment that serves food and beverages which are consumed on its premises by customers seated at tables and/or counters either inside or outside the building thereon, and which may be engaged in providing customers with take-out service of food and/or non-alcoholic beverages for off-site consumption. Sale of alcoholic drink is controlled by other provisions in this code and the New Mexico State statutes regarding alcoholic drink sales.

"Road" means a private way used to provide motor vehicle access to areas or buildings in unsubdivided developments.

"Shopping center" means any center for the sale of retail goods or professional services containing five or more businesses.

"Short-term rental" means a dwelling unit or a portion of space contained within a dwelling that is rented by a vendor to a vendee for periods of time that do not exceed thirty consecutive days and which is not a vendee's household or primary residence, unless the rental is for temporary lodging, in which case, the rental, no matter the length of time, shall be considered a short-term rental.

"Sign" means any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulation in this title:

1.

Flags or government insignias, except when used in commercial displays;

2.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights;

3.

Illustration of names of occupants, post office box numbers and property numbers when smaller than one square foot;

4.

Legal notices, identification, informational or directional signs erected or required by governmental bodies;

5.

Private traffic signs bearing no advertising matter;

6.

Real estate advertising of the property on which the sign is located provided area of sign or group of signs is less than three square feet.

Sign, Freestanding. "Freestanding sign" means a sign that is attached to, erected on, or supported by some structure that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign.

Sign, Off-Premises. "Off-premises sign" means a sign that draws attention to or communicates information about 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, Temporary. "Temporary sign" 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 reasonably short or definite period after the erection of such sign. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

"Special events" means circuses, fairs, carnivals, festivals, or other types of special events that run for longer than one day but not longer than one week. 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.

"Street" means a public way for vehicular and pedestrian traffic whether designated as a street, drive, highway, throughway, boulevard, avenue, lane, place, way or however otherwise designated.

Street, Arterial. "Arterial street" means a major street in the village's street system that serves as an avenue for the circulation of traffic onto, out, or around the village and carries high volumes of traffic.

Street, Collector. "Collector street" means a street whose principal function is to carry traffic between local, collector, and arterial streets but that does not provide direct access to abutting properties.

Street, Cul-de-Sac. "Cul-de-sac street" means a street that terminates in a vehicular turnaround.

Street, Local. "Local street" means a street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than twenty-five dwelling units and is not designed to handle more than two hundred trips per day.

"Telecommunication transmission facilities (TTF)" means unmanned facilities consisting of antennae, equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including, but not limited to paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies.

1.

"Equipment storage shelter" means an unmanned structure used for freestanding facilities or, when necessary, roof or building mounted facilities to house TTF equipment. Said shelter(s) shall not exceed four hundred fifty square feet for each facility;

2.

"Roof or building-mounted facility" means a facility in which antenna are 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.

"Temporary emergency construction or repair residence" means a residence (which may be a mobile home) that is located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the person displaced by such disaster. This definition also includes nonresidential construction sites occupied by persons having construction or security responsibilities over such construction site not to exceed six months without approval from the planning commission.

"Temporary lodging" means lodgings for the purpose of housing a vendee within proximity of the vendee's employment or job location.

"Travel trailer court or recreational vehicle campground" means any parcel of land licensed and used for transient commercial parking of occupied travel trailers, pick-up campers, converted buses, recreational vehicles, tents or similar devices used for temporary portable housing. 17.08.010

"Truck stop" means a place providing specialized facilities for retail fueling services for tractor-trailer or semi-trucks; the site may include related facilities including, but not limited to, restaurants and overnight parking.

"Usable open 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 ball fields, picnic areas, or similar facilities or is capable of being used for purposes of informal and unstructured recreation and relaxation, and is legally and practicably accessible to the residents of the development or to the public if dedicated for public use.

"Variance" means a relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicants, a literal enforcement of title would result in unnecessary and undue hardship. As used in this title, a variance may be authorized only for area, height, dimension, distance, setback, off-street parking and off-street loading requirements. Financial gain or loss shall not be the determining factor in deciding a variance.

"Vendee" means, in addition to the definition contained in Section 3.12.030, a natural person to whom goods or services are furnished.

"Vendor" means, in addition to the definition contained in Section 3.12.030, a person furnishing goods or services.

"Very low income" means households with a gross household income that does not exceed fifty percent of the area median income as defined by New Mexico Mortgage Finance Authority for households of the same size within the county in which the housing is located.

"Warm season turf grasses means selections or combinations of grasses such as Blue Grama, Buffalo and other grass species which require moderate infrequent applications of water throughout its life.

"Xeriscape" means landscaping using methods that lower water use, amend the soil, and favor indigenous plant species.

"Zero lot line residential" means a structure or structures whereby the main building is situated on a lot such that a common wall between attached dwelling units is on or along a side lot line, and may include duplexes, condominiums, patio homes and townhouses.

(Ord. 356 (part), 2008; Ord. 280, 2002; Ord. 276 (part), 2001)

(Ord. No. 402, 7-9-2015; Ord. No. 453, 10-8-2020; Ord. No. 463, 6-9-2022)