Language set forth in this ordinance shall be interpreted in accordance with the following:

1.

Words used in the present tense shall include the past and future tense.

2.

Singular number shall include the plural and the plural the singular.

3.

The words "shall" and "must" are mandatory and not discretionary.

4.

The word "may" is permissive.

5.

The masculine gender shall include the feminine and neutral genders.

6.

The word "lot" shall include the words "piece," "parcel," "block," and "tract."

7.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

8.

The word "building" shall include the word "structure."

9.

Any words not defined herein shall be as defined by Webster's Dictionary.

For the purposes of this ordinance, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section.

Abut, abutting. To touch along a border line; to border on a property or zoning district line.

Accessory facility or structure. Secondary structures located on the same property as the principle structure, renewable/alternative energy system, or telecommunications facility, but not limited to, utility or transmission equipment storage sheds or cabinets.

Abandon. To cease from maintaining, practicing, or using.

Adjacent. Being in close proximity with the absence of anything in between the two items.

Administrator. The planning and zoning office of the city.

Administrative approval. Approval received by the administrator.

Adult arcade. An establishment where, for any form of consideration, one or more electrically, electronically, or mechanically controlled still or motion picture machines or projectors, video or laser disc players, or other image producing devices are maintained, for viewing by five or fewer persons per machine at any one time, and are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore. A commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc (CD) or digital video disc (DVD), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or,

b.

Instruments, devices, or paraphernalia, except for clothing, which are designed for use in connection with specified sexual activities. The phrase "regular and substantial course of conduct" as applied to an adult bookstore shall mean the following:

1)

The business devotes more than 25% of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or

2)

The business devotes more than 25% of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or

3)

The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25% of the total retail value of inventory offered in each of the following categories: (a) books, (b) magazines, (c) video tapes or any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD), for sale or rental, (d) novelties and devices, and (e) on-premises viewing of images, films, and/or videos; or

4)

Gross revenue derived from merchandise in any category set forth in paragraph 3) above exceeds 25% of the total gross revenue for the category.

Adult cabaret. A nightclub, restaurant, bar or similar business establishment which regularly features (1) live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) persons who appear semi-nude or nude; and/or (3) films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions (including without limitation digital images such as compact disc (CD) or digital video disc (DVD) images), which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult hotel/motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) either (a) rents, leases, lets or allows the subletting or sub rental of any room for less than a ten-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period, or (b) has a sign visible from the public right of way which advertises the availability of the above-described photographic reproductions.

Adult motion picture theater. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown for viewing by five or more patrons at any one time, 30% or more of the number of which, in any month, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater. A theater, concert hall, auditorium, or similar business establishment which, for any form of consideration regularly features persons who appear in a state of nudity or semi-nudity and/or features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Adult-oriented business operator (hereinafter "operator"). A person, who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

Agri-business. A business directly supportive of an agricultural use as defined herein.

Agriculture. Land and/or structures whose principal use includes the growing of farm crops, truck garden crops, animal/poultry husbandry, dairying, floriculture, horticulture, pasturage, and accessory uses customarily incidental to agricultural activities.

Aircraft. Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air.

Airport. The area of land owned by the city whether inside or outside the city limits that is used or intended to be used for the landing and takeoff of aircraft, including all property owned by the city contiguous thereto which is held or used for airport purposes and any purposes incidental thereto, and further includes all areas, facilities and improvements on or within said property regardless of the fact that they may be owned, controlled, leased or occupied by persons or governmental agencies other than the city.

Airport hazard. Any overhead power line which interferes with radio communication between a publicly owned airport and aircraft approaching or leaving same; or any structure or tree which obstructs the aerial approaches of such an airport or is otherwise hazardous to its use for landing or taking off.

Airport, heliport. Any premises intended for the purpose of landing and take-off of aircraft.

Alley. A secondary means of vehicular right-of-way affording access to neighboring properties.

Alteration. Any change in size, shape, character, occupancy, or use of a building or structure.

Ambient light. Light from the nearby environment, whether natural or mechanical in nature.

Amusement commercial, indoor. Establishment which provides indoor recreational activities including but not limited to bowling alleys, movie theaters, dance halls, banquet halls, performance halls, athletic courts, and video games arcades.

Amusement commercial, outdoor. Establishment which provides outdoor recreational activities including but not limited to drive-in theaters, miniature golf courses, go-kart tracks, and carnival or amusement park rides.

Animal control shelter/facility/center. Any premises designated by the city for the purpose of impounding and caring for animals coming into the city's custody.

Animal hospital, clinic. A building used for the care and treatment of animals.

Antenna. A system of electrical conductors that transmit or receive electromagnetic waves, radio frequency or other wireless signals and services not licensed by the FCC, but not expressly exempt from the city's citing, building and permitting authority.

Athletic club/gyms. An area or building used by people for sports activities

Applicant. The person(s) responsible for filing the application.

Application. All documents submitted by an applicant to receive a permit or ruling.

Auditorium. A building for public gatherings to hear a performance or other presentations.

Automobile/motor vehicle sales. An area used to display/sell automobiles or motor vehicles.

Automobile laundry. A building where automobiles or motor vehicles are washed.

Automotive repair, heavy. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Automotive repair, light. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building.

Automobile service station. A building or portion thereof where gasoline, diesel fuel, and other automobile fuels or oils are offered for sale and where automotive repairs may be offered.

Bank. A financial institution offering checking and savings accounts and other services.

Bar. Any commercial establishment licensed by the state department of alcoholic beverage control to serve any alcoholic beverages on the premises.

Barbershop. A place of business of a barber, licensed by the state of New Mexico, who cuts, trims and/or shaves hair.

Beauty shop. An establishment, licensed by the state of New Mexico, providing women with services that include hair treatment, manicures, and facials.

Block. A tract of land bounded by streets, alleys, railroads, or river channels.

Boarding or lodging home. A building for accommodating persons, not members of the keeper's family and not a hotel/motel, where lodging and meals are provided for definite periods.

Boundary. A border dividing territories or properties.

Bowling alley. A building used for bowling.

Buildable area. The area remaining on a lot after the minimum yard setback requirements have been met.

Building/structure. Any building constructed for the support, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind and which is permanently affixed to the land.

Building, accessory. A subordinate structure which serves a principal building, which is subordinate in area, extent, and/or purpose to the principal building and contributes to the comfort, convenience, and/or necessity of the occupants of the principal building being served.

Building, conforming. A structure which complies with this ordinance or any amendment thereto and is intended for a use permitted in the zoning district where it is located.

Building, non-conforming. A structure which does not comply with this ordinance or any amendment thereto and is intended for a use not permitted in the zoning district where it is located.

Building, principal. The primary structure where the principal use of the lot is conducted.

Building, temporary. Any structure not permanently affixed in place.

Business. Any enterprise where goods are sold or services are rendered.

Campground. Includes, but is not limited to; tourist camps, travel trailer camps or parks, recreation camps, family campgrounds, camping resorts, camping communities, or any area on which three or more campsites occupy the area for recreational uses only.

Camping unit. tent, tent-trailer, travel trailer, camping trailer, pickup camper, motor home, recreational vehicle or any other unit used as temporary living quarters for recreational purposes.

Carport. An open-sided shelter for a car attached or detached to a structure.

Certificate of occupancy/compliance. A document issued by the administrator or building inspector after the final inspection.

Certified or certification. Documents bearing the signature and seal of a professional engineer or architect licensed in the State of New Mexico.

City council or council. The City of Roswell governing body.

Changeable copy sign. A sign with physically interchangeable characters or letters.

Child care center. A commercial facility where services and supervision are provided for more than six children at a time.

Child care facility, licensed. A licensed facility by the New Mexico Child, Youth, and Family Division providing supervision for children 13 years of age or younger.

Child care home. A residence where services and supervision are provided for no more than 12 children at a time.

City manager. The city manager of the City of Roswell or the authorized representatives thereof.

Club or lodge. A building which restricts entry to anyone other than members and their guests.

Co-location. A structure to support a wireless services antennae without increasing the height of the structure or adding a new wireless carrier/service provider to an existing structure.

Commission. The City of Roswell Planning and Zoning Commission.

Committee. The City of Roswell Legal Committee.

Completed application. An application containing all of the required information.

Community center. A building used for community activities

Community garden. A piece of land gardened collectively by a group of people.

Comprehensive plan. The comprehensive master plan approved and adopted by the city.

Construction/heavy equipment. A moveable or transportable vehicle or other apparatus commonly used in commercial, industrial, or construction enterprises such as but not limited to trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts.

Convention center. A facility which includes space for rent by the public for the primary purpose of increasing tourism.

Credit union. A financial institution offering checking and savings accounts and other financial services.

Discontinue. To stop doing or providing something for a period of six months without reasonable excuse or notice.

Display surface area (DSA). The square footage of the area of a sign utilized for displaying a message or advertising, but not including the framework or bracing incidental to the display itself.

Distinguished or characterized by an emphasis upon. Refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

Duplex. A two-family attached dwelling unit located on a single lot held under one ownership.

Dwell time. The duration of time each individual advertisement or message is displayed, without movement, on a sign capable of sequentially displaying more than one advertisement or message.

Dwelling. A building or portion thereof used for residential purposes, not including hotels, motels, mobile homes, travel trailers, lodging, boarding, group care, or nursing homes.

Dwelling, attached. A dwelling permanently attached to another dwelling on the same lot.

Dwelling, detached. A dwelling on a single lot which is surrounded by open space.

Dwelling, multi-family. A structure housing three or more dwelling units on the same lot.

Dwelling unit. Rooms used as living quarters for a family with the amenities/facilities of a home.

Easement. A limited legal right to use something.

Employee. A person who performs any service on the premises on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises to render only repair or maintenance services or to deliver equipment or goods as long as such persons are not nude or semi-nude if the business is an adult-oriented business.

Establishment of an adult-oriented business. To "establish" an adult-oriented business shall mean and include any of the following:

1.

The opening or commencement of any adult-oriented business as a new business;

2.

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business as defined herein;

3.

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4.

The relocation of any such adult-oriented business.

F.A.A. The Federal Aviation Administration or its authorized successor agency.

Facility. A building, structure, or device whose sum of all parts provides a functional use.

Family.

1.

An individual; or

2.

A group of two or more natural persons related by blood, marriage, adoption, by legal guardianship including foster children and resident domestic servants; or

3.

A group of persons not to exceed five natural persons, who are not related as provided above, living together as a single housekeeping unit and using a single common cooking facility.

4.

In the case of a group home arrangement for handicapped or disabled persons as defined in the federal Fair Housing Act, the foregoing limitation on the number of unrelated persons may be exceeded to provide reasonable accommodation under the Fair Housing Act.

Farm. Any tract of land where income is derived from activities defined in the term "agriculture".

F.C.C. The Federal Communications Commission or its authorized successor agency.

Fence. A structure erected on a property to prevent escape or intrusion.

Figure model. Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

Floor area, gross. The square footage of a structure measured from the exterior face of walls.

Floor area, net. The interior square footage of a structure measured from the interior face of walls or for figuring parking, the area not considered off-limits to customers inside of a business.

Frame effect. A digital sign visual effect used to transition from one message to the next.

Fueling station. The location of fueling pumps for primarily automotive vehicles, and can be either petroleum or electrical.

Garage, public. A structure used for storage of automobiles.

Height. The distance from the pre-existing grade to the highest point on a structure.

Home occupation. A home business operated in accordance with article 26.

Home space. Specific area set aside for occupancy within a manufactured/mobile home community (MHC) which is offered for rent or lease.

Hospital. An institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured.

Hostel. A building providing lodging on a temporary basis with a shared kitchen and other facilities in a dormitory setting.

Hotel, motel. A building containing lodging accommodations for paying temporary guests.

Independent camping unit. Unit including operational water-flush toilet, sink, and shower.

Junkyard. A facility or structure thereof used for the storage and possible resale of anything discarded by others.

Kennel. Any structure, premise, or portion thereof in which more than three animals over six months of age are kept, maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale.

Lot. A parcel of land adequate in size for occupancy by a permitted use which is part of a subdivision or described by metes and bounds with a legal description recorded with the county.

Lot area. The square footage of a lot.

Lot, corner. A lot where two intersecting sides abut public or private streets.

Lot, depth. The average distance between the front and rear property lines.

Lot, double frontage. A lot having frontage on two parallel streets.

Lot, interior. A lot other than a corner or double frontage lot.

Lot lines. The property boundary lines of a lot.

Lot line, front. The property line of a lot abutting a street, where the front lot line shall be the lot line abutting a street with the shortest dimension except for corner lots where the property address and front door face the lot line abutting the other street.

Lot line, rear. The lot line which is approximately parallel to the front lot line. If the rear lot line is less than ten feet in length or if the two side lot lines form a point, then the rear lot line shall be a line ten feet in length within the lot, parallel to the front lot line.

Lot line, side. One of two lot lines which is not a front or rear lot line.

Lot width. The average distance between the two side property lines.

Manufactured/mobile home community (MHC). Two or more manufactured/mobile homes located on a tract of land held under single ownership which provides permanent residential spaces for a fee.

Manufactured home/multi-sectional manufactured home. Modular or pre-manufactured homes constructed in a factory and built to uniform building code standards, designed to be permanently affixed to real property, or any moveable housing structure over 12 feet by 40 feet which is used for non-residential purposes, or any housing structure over 32 feet by 8 feet constructed to be towed and installed with or without permanent foundation not for recreational usage.

Material or material change. A significant change to a facility which may require a determination be made on the basis of the anticipated actual or potential impact of the change. Changes that affect the physical appearance, facility's structural loading, NIER, or safety of the facility would be material changes. The administrator shall determine, based on an individual case basis, and applying this definition whether or not changes are material.

Mobile home. A dwelling unit built on a chassis, not less than eight feet wide and 40 feet long, designed to be used as a dwelling, with or without a permanent foundation.

Modeling studio. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration.

Modification or modify. To make changes to something.

Motor freight terminal. A structure where freight is shipped and received by truck or rail.

Multi-family residence. A dwelling unit in which two or more families reside in.

Multi-generational housing. An accessory residential unit that is allowed in residential zones which is less than 400 square feet in size and meets the requirements of the International Residential Code. For the purpose of this definition, "multigenerational" means any number of persons related by blood, common ancestry, marriage, guardianship or adoption.

Natural feature. A feature produced or created by nature

Net acre. Total land area minus required right-of-ways for streets, alleys, or utilities, measured in acreage.

Net floor area. The floor area of the building accessible to or devoted to, use by the customer or patron. Net floor area shall not include those areas used for storage, cooking, stairwells, etc.

Net land area. Total land area minus required right-of-ways for streets, alleys, or utilities, measured in acreage or square footage.

NIER. The non-ionizing electromagnetic radiation.

NIT. The unit of illuminative brightness equal to one candela per square meter, measured perpendicular to the rays of the source.

Notification area. The surrounding area or properties of a certain lot or tract of land.

Nude, nudity, or a state of nudity. The showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering and/or the showing of the female breast with less than a fully opaque covering of any part of the nipple and/or the areola, or the showing of completely or opaquely covered male genitals in a discernibly turgid state.

Official government sign. A sign erected by an official governmental entity.

Open space. Land area unoccupied by buildings, roads, streets, or parking areas. Such open space includes but is not limited to, sidewalks, walkways, landscape areas, gardens, courtyards, or lawns. Specialties, including, but not limited to, sheltered picnic areas, covered play areas, or open-walled structures, may be considered on their merits as qualifying for open space characterization. Open space may include common areas as well as privately owned yards.

Operate an adult-oriented business. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

Outside storage. The outside collection of materials that is not covered by a structure.

Oversized vehicle or trailer. A vehicle, trailer, or boat which exceeds 18 feet in length, eight feet in width, or ten feet in height.

Owner. The individual owner of an establishment, or if the legal owner is a corporation, partnership, or limited liability company, the term shall include all general partners, any limited partner with a financial interest of ten % or more, all corporate officers and directors, and any shareholder or member with a financial interest of ten % or more. "Owner" includes the spouse(s) of any of the above persons.

Patio home. See townhouse.

Premises. Lot, tract, or piece of land with structures on it.

Permit. The official city document enabling the construction or installation of a structure.

Permittee. The person to whom a business permit or an adult-oriented business permit and/or adult-oriented business employee permit is issued.

Person. Any individual, corporation, estate, trust, partnership, joint stock company, association of two or more persons having a joint common interest, or any other entity.

Personal wireless services facility. See wireless telecommunications facilities.

Personal wireless services (PWS) or personal communications service. Shall have the same meaning as defined and used in the 1996 Telecommunications Act.

Pet shop. A commercial retail store used for the business of buying, selling, or trading pets.

Professional office. The place of business for a professional or group of various professionals.

Public building. A building or complex of buildings that house municipal offices and services, and which may include cultural, recreational, athletic, convention, civic, or entertainment facilities owned and/or operated by an incorporated municipality.

Recreation building or community center. A facility offering recreational activities.

Recreational facility. A permanent facility devoted to recreational purposes such as parks, play fields, or community recreation buildings.

Recreational vehicle (RV). A motorized vehicle having four or more tires and designed predominantly for recreational use.

Recycling center. A facility which is used to process and recycle various materials.

Regularly features. With respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occur on two or more occasions within a 30 day period; three or more occasions within a 60 day period; or four or more occasions within a 180 day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

Religious institution. A structure which is used primarily for religious worship and/or related religious activities.

Renewable/alternative energy site. The site, property, or location where the renewable/alternative energy system will be placed or installed.

Renewable/alternative energy systems. Any and all equipment used in the conversion, collection, storage, and/or transfer of renewable/alternative energy into a usable form of energy.

Repairs and maintenance. The repair, maintenance, or replacement of components that is necessary to make a system function properly where the replacement is similar to the existing component.

Restoration. The returning of something to its former condition or state

Right-of-way. Public land dedicated for a street, walk, utility, drainage, or other public purpose.

Roof sign. A sign erected upon or above a roof or parapet of a building or structure.

School. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the State of New Mexico and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

Screen fence. A fence made of plastic, vinyl, wood, mason, brick or other similar materials used to protect, conceal from view and/or divide property.

Seating capacity. The seating capacity of an area indicated by the Uniform Building Code.

Semi-nude. A state of dress in which opaque clothing covers no more than the genitals, pubic region, anus and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall include a state of dress in which the entire lower portion of the human female breast is exposed, but shall not include any state of dress in which the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel is exposed, so long as the areola is not exposed in whole or in part.

Sexual encounter center. A business enterprise that, as one of its principal purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between individuals, one or more of whom is in a state of nudity or a semi-nude condition.

Sexually oriented business. An "adult bookstore", "adult video store", "adult cabaret", "adult motel", "adult motion picture theater", "semi-nude model studio", "sexual device shop", and/or a "sexual encounter center".

Signalized intersection. A synchronized motor vehicle traffic control light at intersections.

Sight triangle. A triangular portion of land where roadways intersect or egresses intersect with roadways which are to be kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Typically, this area is defined from a point ten feet from, and perpendicular to, the street (the approximate distance of a driver in a vehicle), with an open line of sight being 60 degrees horizontally in either direction.

Sign. Any item or structure used to display a visual image, message, or advertising on any building, structure, or surface produced by the construction, erection, attachment, or placement of a structure or object on any land or on any other structure.

Types of signs:

Banner sign. A sign made of non-rigid material with no enclosing framework attached to a pole or structure. Flags shall not be considered banners.

Billboard sign. A large outdoor sign in commercial/industrial districts or along highways constructed for the sole purpose of being rented for advertisement.

Directional/informational sign. An on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g. parking or exit and entrance signs. May contain logo provided that the logo does not comprise more than 20% of the total sign area.

Digital sign. An electronic advertisement/message sign which includes, but is not limited to, digital display boards, electronic variable message signs, electronic billboards, and LED signs.

Flashing sign. A pattern of on-and-off light illumination which alternates suddenly and repeatedly.

Free-standing sign. A sign erected on a self-supporting framework placed in or on the ground.

Marquee sign. Any permanent sign projecting from a building over a walkway or driveway.

Monument sign. A stand-alone, permanent ground sign usually made of concrete, brick, masonry, or stone which identifies a service, business, or entity.

On-premise sign. A sign advertising the business or activity located on the same property.

Pole covered sign. A free-standing, metal covered sign used to enclose or decorate the pole, brace, or other structural supports.

Portable sign. A moveable sign not meant to be permanently affixed or secured.

Projecting sign. A sign which is attached to and projects out from a building or structure.

Roof sign. A sign erected upon or above a roof or parapet of a building or structure.

Temporary signs. Any sign not designed to be permanent or fixed in place.

Wall sign. A sign which are attached flush to or erected on the exterior of a wall which advertises the business or activity located inside the structure or on the same property.

Single-family detached dwelling. A single-family detached residential dwelling that is more than 400 square feet (37 m2) in floor area.

Solar energy system. All components needed to convert sun energy into useable energy.

Specified anatomical areas. Shall mean and include any of the following:

1.

Less than completely and opaquely covered human (i) genitals or pubic region; (ii) anus or buttocks; and (iii) female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

3.

Any device, costume or covering that simulates any of the body parts included in article 29.

Specified sexual activities. Shall mean and include any of the following, whether performed directly, indirectly, or simulated with or without clothing or other covering:

1.

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

2.

Sex acts, including but not limited to intercourse, oral copulation, or sodomy;

3.

Masturbation;

4.

Lap dancing;

5.

Excretory functions as part of or in connection with any of the other activities described in article 29.

State. The State of New Mexico.

Static message. A message or advertisement in which the lighting and message remain constant.

Stealth or stealth technology. Anything used to minimize the adverse effects or improve the aesthetics of the area of the requested location.

Story. That portion of a building included between the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. International Building Code.

Street; arterial. A street designed to carry large volumes of traffic as designated on the functional street classification map in the city's comprehensive master plan.

Street; collector. A street designed to carry moderate volumes of traffic as designated on the functional street classification map in the city's comprehensive master plan.

Street; local. A street designed to carry low volumes of traffic as designated on the functional street classification map in the city's comprehensive plan.

Street; road or highway. A permanent public or private right-of-way for vehicular use.

Structure. Any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.

System. The sum of all components used to make up a complete system.

Telecommunication site. Means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunications permit. Means the official permit that allows the applicant to construct and use wireless telecommunications facilities as granted or issued by the city.

Telecommunications structure. Means a structure used in the provision of services described in the definition of wireless telecommunication facilities.

Tiny home. A primary residential dwelling that is 400 square feet (37 m2) or less in floor area.

Tower. (See also antenna and wireless telecommunications facility) A structure situated on a site intended for transmitting/receiving television, radio, telephone, or dispatch communications.

Townhouse/townhome. A single structure with a common roofing system containing two or more attached dwelling units with common walls and shared lot lines, each dwelling unit being located on its own individual property.

Triplex. A structure containing three dwelling units located on a single lot held under one ownership.

Transfer ownership or control of an adult-oriented business. Means and includes (1) the sale, lease, or sublease of the business; or (2) the transfer of securities which constitute a controlling interest in the business whether by sale, exchange or similar means; or (3) the establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law on the death of a person possessing ownership or control.

Transition time. The duration or interval of time it takes a multi-face sign to go from one advertisement or message to the next advertisement or message on its display surface area.

Travel trailer. Any vehicle or portable structure, with or without mobile power, designed to be driven, drawn, or placed on a vehicle for short term dwelling.

Tree. Any object of natural growth.

Use. The purpose or activity which a piece of property and/or a building are intended to be used.

Use, accessory. A subordinate use which is clearly and customarily incidental to the principal use of a building or premises and which is located on the same lot as the principal use or building.

Use, conditional. Any use which may be established in the particular zoning district in which it is allowed only upon meeting the conditions and limitations as prescribed by this ordinance.

Use, conforming. The use of a building or premises which complies with all of the applicable use regulations of the zoning district in which said building or premises is located.

Use, non-conforming. The use of a building or premises which does not comply with all of the applicable use regulations of the zoning district in which said building or premises is located.

Use, permitted. The use of a building or premises which complies with all of the applicable use regulations of the zoning district in which said building or premises is located.

Use, principal. The primary use of a building or land as distinguished from an accessory use.

Use, special. Any use that has unusual operational, physical, or other characteristics that are different from those of the predominant permitted uses in a zoning district, but which can complement and be made compatible with the intended over-all development in a zoning district.

Vacant. Having no occupant and/or contents for a period exceeding six months, without reasonable excuse.

Veterinarian. A doctor of veterinary medicine licensed to practice in the state of New Mexico.

Wall surface area. The length of the wall times the height of the wall.

Warehouse. A place for storage of merchandise or commodities.

Wind energy system. All components used to convert wind energy into useable energy.

Wireless telecommunications facilities. Include a "telecommunications site" and "tower" and "personal wireless facility" and means a structure or location intended to be used to support antennas or other transmitting/receiving devices, including without limit structures of all types and kinds and that can employ stealth technology. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, paging, 911, personal telecommunications services, commercial satellite services, microwave services and services not licensed by the FCC.

Yard. An open space on the same lot as a principal building or group of buildings, which extends along a lot line and at right angles thereto to a depth or width specified in the minimum required yard regulations for the use and zoning district in which the lot is located.

Yard, required front. The setback area at the front of a building where no structures may be built.

Yard, required rear. The setback area at the rear of a building where no structures may be built.

Yard, required side. The setback area on the sides of a building where no structures may be built.

Zero lot line. A lot or tract of land containing no required setback area along said lot line.

(Ord. No. 19-08, § 1, 12-12-2019; Ord. No. 20-06, § 1, 7-9-2020; Ord. No. 20-08, § 1, 8-13-2020)