Unless otherwise stated, the following terms shall have the meanings listed below throughout this Land Use Code. Words used in the present tense include the future; words used in the masculine include the feminine; and words used in the singular include the plural. The word "structure" includes the word "building," the word "shall" is mandatory, and the word "may" is not mandatory. Whenever the Community Development Director or any other Town official is named, the reference to such official shall include his or her designee, and the named official shall not be required to take the specified action personally if the action has been delegated to another individual within the Town administration.

For the purpose of these regulations, the following terms, phrases, words, and their derivations shall be interpreted as follows:

Accessory building. A detached subordinate building, the use of which is subordinate and customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

Accessory dwelling units. A subordinate dwelling unit added to or detached from a single family dwelling containing kitchen and bathroom facilities. Accessory dwelling units may not be subdivided or otherwise segregated in ownership from the primary residence structure.

Adult business use. Any establishment whose primary or principal business is one which (1) sells or rents adult material including but not limited to books, magazines, movies, films, slides, or other photographic or written material and/or devices, or (2) features topless or bottomless dancers, waitresses, waiters, or entertainers, or (3) includes a theater in which the presentation of adult material is the primary or principal attraction.

Adult material. Any material that is distinguished by its emphasis on depicting, describing or relating to any of the following that are less than completely and opaquely covered: human genitals and pubic region; buttocks; the human female breast or breasts to a point immediately below the top of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.

Airport. Any area of land or water which is used or intended for use of the landing and taking off of aircraft and any appurtenant areas which are used or intended for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

Alley. A public way which is used primarily for utilities, and/or as vehicular service access to the rear or side of a property, or properties, which abut on a street.

Americans with Disabilities Act. Americans with Disabilities Act (ADA) of 1999, containing requirements for new and altered facilities to be accessible, and including guidelines and standards promulgated by the Act for accessible parking spaces, street crossings, sidewalks, curb ramps, and other related features.

Animal care/boarding/sales. Any structure or premises in which animals are boarded, groomed, bred, trained, or sold for commercial gain.

Animal confinement/pasture. An area of land used for grazing of livestock, as allowed by the Town's animal control ordinance, Section 90.135(D)[Chapter 6], and provided the lot has an area of at least 21,780 square feet. Animals shall be controlled so that they cannot graze on any other premises.

Animal grooming. Any structure or premises in which animals are groomed. Sale of pet food is permitted; however, overnight boarding is prohibited.

Apartment. A room or suite of rooms which is occupied or which is intended or designed to be occupied by one family for living and sleeping purposes.

Apartment house. See "Dwelling, multiple-family."

Art gallery/studio. A retail sales and service use limited to the display, sales, and production of artwork (e.g., painting, wood products, pottery, tile, jewelry, leather) that if produced on-site, does not involve the use of light trade equipment (e.g., table saws, rotary saws, tile saws, kilns, routers, clay pugs) and does not meet the definition of a manufacturing and production use.

Artisan/craftsman shop. A specific type of retail sales and service, referring to the production and/or sale of decorative or custom products or artwork (e.g., wood products, pottery, tile, jewelry, leather, taxidermy) involving only the use of light trade equipment (e.g., table saws, rotary saws, tile saws, kilns, routers, clay pugs) and not meeting the definition of a manufacturing and production use.

Assisted living facility. A residence for individuals who may need physical assistance with day-to-day living activities, none of whom are receiving on-site medical or psychological treatment, therapy or counseling. The number of individuals established in Section 3.3.1(F) shall include all unrelated persons living together in the dwelling unit on the premises. Nothing shall prohibit related persons from living in the same assisted living facility. An assisted living facility may include any of the following:

(1)

A non-profit group home for the aged or an owner-occupied group home for the aged;

(2)

A state-licensed group home for the developmentally disabled; and

(3)

A state-licensed group home for persons with mental illness.

Attached telecommunications facilities. Any equipment used to provide telecommunications service, which is not affixed to or contained within a telecommunications tower, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose.

Basement or cellar. That portion of a building which is partly or wholly below grade and is so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling.

Batch or asphalt plant. A facility in which asphalt or its ingredients or products are ground up, mixed, or otherwise prepared for use on-site or for transportation to another construction site.

Bed and breakfast. Overnight accommodations and a morning meal in a dwelling unit provided to guests for compensation.

Bicycle lane. A lane on a street that has been designated by striping, signing and pavement markings for preferential or exclusive use by bicyclists.

Bicycle path. A path that is physically separated from motorized vehicle traffic by an open space or barrier, and constructed within the street right-of-way or within an independent right-of-way and designated by signs for use by bicyclists shared with pedestrians.

Block. An area of land within a subdivision bounded on one side by a street, or highway, and on the other three sides by a highway, street, railroad right-of-way, waterway, unsubdivided areas, or other definite barriers.

Building. Any structure having a roof supported by columns or walls, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind; but not including any vehicle, nor any movable device such as furniture, machinery and equipment. When any portion thereof is completely separate from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.

Building footprint. A building footprint is the outline of the total area of a lot or site that is surrounded by the exterior walls of a building or portion of a building, exclusive of courtyard. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof.

Building line. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way.

Building permit. A permit issued by the Building Official preceding the construction, renovation, repair, or expansion of a structure or building pursuant to the terms of this Land Use Code.

Business residence. A single-dwelling unit on the site of a non-residential use associated with the non-residential use; for example, a residence for a security guard.

Campground (or camp). A plot of ground upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.

Cemetery. Land used for burial of the dead, whether human or animal, including a mausoleum or columbarium.

Channel. Any arroyo, stream, wash, swale, gully, ditch, diversion, or watercourse, including man-made facilities that convey storm runoff.

Channel stability. A condition in which a channel neither degrades to the degree that structures, utilities or private property are endangered, nor aggrades to the degree that flow capacity is significantly diminished as a result of one or more storm runoff events or moves laterally to the degree that adjacent property is endangered.

Child care. Child care uses provide care services and supervision for less than 24 hours a day for children away from their primary residence. Child care does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Child care includes the following types of services:

Child care center. A state-licensed facility that provides care, education, services, and supervision for less than 24 hours a day to children. A child care center meets all applicable state and local building and safety codes.

Family child care home. A state-licensed private dwelling that provides care, services and supervision for a period of less than 24 hours of any day for at least five but no more than six children. The licensee will reside in the home and be the primary caregiver.

Group child care home. A state-licensed private home that provides care, services, and supervision for at least seven but not more than 12 children. The licensee will reside in the home and be the primary caregiver.

Registered family child care home. A non-licensed residence of an independent caregiver who provides care, services and supervision for children and who registers the home under the state regulations to participate in the child and adult care food program or as a vendor in the state and federal child care assistance programs.

Church/religious facility. A building the primary use of which is regular assembly of persons for religious worship or services, together with accessory uses and which qualifies for tax exempt status under Section 501(C)(3) of the U.S. Internal Revenue Code. Church-related accessory uses include:

(1)

A child care facility established within such use provided that it is licensed as required by the State of New Mexico law.

(2)

A fellowship hall and/or kitchen for the purpose of hosting fundraisers, funeral meals, wedding receptions and related activities.

(3)

A food pantry for the purposes of distributing food to members of the community to consume off-site.

(4)

A pre-school or vacation Bible school to provide educational opportunities for young people who may or may not be members of the church.

Clear-sight triangle. Areas where no obstruction of vision is permitted, except as authorized in writing by the Chief of Police, below the height of eight feet and 25 feet back from a corner as measured along the intersecting property lines, and completed by the imaginary line connecting those two points. A corner includes street intersections as well as entries and exits of public streets.

Communications facilities. Communications facilities involving all devices, equipment, machinery, structures, or supporting elements necessary to provide nonionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Facilities may be self-supporting; guyed; or mounted on poles, other structures, light posts, power poles, or buildings. Facilities may also include intertie and interconnection translators, connections from over-the-air to cable, fiber optic, or other landline transmission systems. Specific use types in this Land Use Code include: radio and television transmission towers, telecommunications towers, and attached telecommunications facilities.

Community garden. Land used for the cultivation of fruits, vegetables, plants, flowers and herbs by multiple users. The land shall be served by a water supply sufficient to support the cultivation practice used on the site. Such land may include available public land to provide open space, recreation, education, social connections, economic development opportunities and a local food source.

Community services. Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community on a continuing basis (not just for special events), and generally providing on-site services or involving regular employee activity at the site. The use may provide special counseling, education, or training of a public, nonprofit or charitable nature. Examples include libraries, museums, senior centers, community centers that are open for the general public to participate in or join as a member at any time, youth club facilities, hospices, or social service facilities.

Completion guarantee. A deposit of cash, performance bond, certified check or negotiable securities with the Town Clerk, in an amount equal to 120 percent of the full cost of the improvements which are required by this Land Use Code, said cost being estimated by the Town Engineer, together with an agreement to the effect that the subdivider will install required improvements.

Comprehensive plan. The plan adopted by the Planning and Zoning Commission and the Town Council of the Town of Silver City in November 1996, as amended from time to time, for the guidance of growth and improvement of the Town and its environs.

Conditional use permit. A permit issued by the Planning and Zoning Commission that authorizes the recipient to make use of property for a conditional use in accordance with the requirements of this Land Use Code as well as any additional requirements imposed by the Commission.

Contaminants. Contaminating agents as defined by New Mexico Environment Department or United States Environmental Department or other competent authority, such as oil wastes, sewage, chemicals, etc.

Contractor's yard. Storage, either indoor or outdoor, of construction and trade materials and goods (e.g., lumber, paint, plumbing supplies) and service vehicles and equipment specifically related to a contractor's business operation, with incidental repairs and preparation of materials for use; however, storage of bulk sand and gravel is prohibited.

Corrective replat. The replat of a portion of a previously recorded subdivision plat made for the purpose of correcting clerical errors in the original document; treated as a form of Subdivision in this Land Use Code.

Counseling center. A facility in which non-resident patients are provided physical and/or mental therapy. In this Land Use Code, a counseling center is considered a specific type of Hospital/Clinic use.

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

Curb level. The level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the Town Engineer shall establish such curb level or cite equivalent for the purpose of this Land Use Code.

Dairy. Any premises where four or more cows or four or more goats are kept, milked or maintained or any equivalent combination.

Design standards. A set of standard criteria maintained by the Town Engineer together with subsequent modification to guide the improvement, design, and submittals of subdivision plats and proposed development.

Design storm (and design storm runoff). The design storm is a precipitation event which deposits a stated amount of precipitation within a stated time period over a defined area. Design storm runoff is the peak flow and volume of water flowing from a drainage area in direct response to the design. A 100-year Design Storm has a one percent chance of being equaled or exceeded in any given year. The 100-year Design Storm runoff is calculated from the 100-year Design Storm.

Detention facility. A place for the confinement of persons in lawful custody.

Developed land. Any lot or parcel of land occupied by any structure intended for human occupation, including structures intended for commercial or industrial enterprise.

Developer. Any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity engaging in platting, subdivision, filling, grading, excavating, or construction of structures, including any person who undertakes any activity that requires a Zoning Permit, Conditional Use Permit or Sign Permit.

Development. Any man-made change in improved and unimproved real estate, including but not limited to the construction, reconstruction, conversion, or enlargement of any structure; and any mining, dredging, filling, grading, paving, excavation, or drilling operation.

Dimensional adjustment. A discretionary relaxation from the strict application of certain zoning requirements granted by the Planning and Zoning Commission under Section 6.3.18 for more minor variations than variances (defined below) to specified dimensional, parking lot and street width standards due to conditions unique to a particular property.

Downstream capacity. The ability of downstream drainage facilities to accept and safely convey runoff generated upstream.

Drainage basin. The stormwater catchment area above a point on a channel to which waters, drain and collect. Also known as a "watershed."

Drainage easement. A platted area reserved for the primary purpose of stormwater drainage and maintenance.

Drainage plan. A short detailed plan prepared in graphical format with or on a detailed grading plan addressing flood control and erosion control issues, and including an on-site drainage proposal for the passage of storm waters through the development and safe discharge of runoff onto adjacent lands or into storm drainage facilities. The plan also should include a comprehensive analysis of the existing storm drainage conditions of a proposed development, and the disposal of the increased runoff which is generated by the proposed development.

Drainage report. A comprehensive analysis of the drainage, flood control and erosion control constraints on and impacts resulting from a proposed platting, development or construction project. Drainage reports must be prepared by a Professional Engineer registered in New Mexico or a Professional Hydrologist with a current certification from the American Institute of Hydrology.

Drainage right-of-way. A public right-of-way acquired, whether in fee or in easement, by the Town, County or the State for the primary purpose of handling storm drainage.

Drainageway. Any path of concentrated flow which drains more than ¼ acre; or any depression, natural or man-made, into which surface water flows along a defined course. "Watercourse" is typically used for larger drainageways. "Channel" is a more general term.

Drive-through facility. Any establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.

Duplex. Two dwelling units on a single parcel, generally sharing a common wall.

Dwelling. All or part of a building designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels, boarding and loading houses.

Dwelling, single-family attached. A group of single-family dwelling units sharing a common wall or corridor, and having separate utilities, kitchen, and bathrooms, including duplexes, condominiums, and townhouses.

Dwelling, single-family detached. A detached building containing only one dwelling unit, and specifically including, with that limitation, modular homes and manufactured homes.

Dwelling, multiple-family. A building containing three or more dwelling units, each comprising a separate housekeeping unit and including apartment houses or containing a combination of two or more dwelling units and not more than five guest rooms or suites of rooms.

Dwelling unit (du). One or more rooms and a single kitchen, in a dwelling or apartment hotel, designed as a unit for occupancy by one family for living and sleeping purposes.

Dwelling units/acre (du/acre). Maximum residential density may be measured as the number of dwelling units per gross acre of land, measured by dividing the number of dwelling units on a lot or parcel by the parcel's gross area (in acres).

Easement. A right of use over the property of another.

Employee housing. Any dwelling unit or group of dwelling units designated or restricted only for occupancy by the employees of a specified company or facility, and their families and guests.

Erosion control. Treatment measures for the prevention of damages due to soil movement and to deposition.

Excavation. Digging and removal of earth by mechanical means.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before May 17, 1988 (the effective date of the floodplain management regulations adopted by the Town of Silver City).

Facade, building. The front of a building containing the main entrance, as measured between the supporting walls of the building.

Facade, business. The front of a business containing the main entrance, as measured between the main supporting walls of the business or in the case of a multiple-occupancy building, as measured between the walls separating the tenants.

Family. An individual, or two or more persons related by blood or marriage, or a group of not more than ten persons (excluding servants) who need not be related by marriage, domiciled together in one dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living together intending to be a single housekeeping unit.

Flea market. An outdoor market where spaces are rented, leased, or are otherwise available to individual vendors who offer goods for sale to the public. Fewer than five individual vendors located on a property do not constitute a farmers market/flea market. Flea markets do not include carnivals or similar functions that primarily offer services or recreation for sale.

Farmers' market. An outdoor market open to the public, operated by a governmental agency, a nonprofit corporation, or one or more producers, at which (a) at least 50 percent of the products sold are farm products or value-added farm products and (b) at least 50 percent of the vendors regularly participating during the market's hours of operation are producers, or family members or employees of producers.

Farm products. Fruits, vegetables, mushrooms, herbs, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese and other dairy products), and fish.

Producer. A person or entity that raises or produces farm products on land that the person or entity farms and owns, rents, or leases.

Value-added farm product. Any product processed by a producer from a farm product, such as baked goods, jams and jellies.

Fill. The placement of material such as soil or rock to replace existing material, or to create an elevated embankment. Fill also refers to the material which is placed.

Flag lot. A lot or parcel that the city has approved with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage.

Flood or flooding. A general and temporary condition of inundation of normally dry land areas from: the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source. The 100-year flood is the flow rate with a one percent probability of being equaled or exceeded in any one year.

Flood control. The treatment measures necessary to protect life and property from flooding.

Flood damage. Any nuisance or adverse economic impact caused by flooding from the 100-year or smaller design storms and from erosion and sedimentation resulting from the 10-year or smaller design storms.

Flood hazard area. An area subject to inundation from the 100-year flood.

Floor area. The area in square feet including the exterior walls of a building but not including the area of inner courts and shaft enclosures.

Floor area ratio (FAR). Maximum non-residential density may be measured as the gross floor area of all buildings on a lot or parcel, divided by the lot area.

Fully developed watershed. A hydrologic condition in which all areas upstream and downstream of a point in question are assumed completely developed, including any undeveloped areas which are assumed to be developed in accordance with development densities established in the Comprehensive Zoning Map of the Town of Silver City, adopted facilities master plans and the hydraulic and hydrologic standards established by the "Stormwater Drainage Control" chapter of the Code.

Garage, private. A detached accessory building or portion of a main building for the parking or temporary storage of automobiles.

Garage, public. A building other than a private garage used for the storage, care, repair or equipment of motor-driven vehicles, or where such vehicles are parked or stored for hire or sale, or in return for a fee.

Gasoline station. Any building or premises used principally for the storage and sale at retail of automotive fuels, lubricants and accessories.

Gasoline station/convenience store. Any building or premises used principally for the storage and sale at retail of automotive fuels, lubricants and accessories, and/or household items. This establishment may also sell at retail packaged alcoholic beverages. No more than 12 on-site parking spaces shall be provided.

Grade (ground level). The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level shall be measured at the sidewalk.

Grading. Any movement of soil, rock or vegetation by artificial means, to include any or all of the following acts: clearing, grubbing, excavating, placement of fill material, or grading of land.

Grandfathered. Obsolete term. See "Non-conforming lot, structure, use or sign."

Grocery store. Any retail establishment offering for sale food products and household items for off-site consumption, and including 12 or more on-site parking spaces.

Group living facility. Any residence for unrelated individuals (e.g. fraternities, sororities, dormitories) that does not meet the definition of "Treatment facility" or "Assisted living facility." A group living facility may include, without limitation:

(1)

A secure residential treatment center;

(2)

A shelter for homeless persons;

(3)

A group home including persons assigned to such home in lieu of being sentenced to a correctional facility, or upon their release from a correctional facility;

(4)

A dormitory, defined as a residence hall providing rooms for individuals or for groups usually without private baths;

(5)

A fraternity or sorority associated with an academic institution, such as a college or university.

Guest. Any person who rents or occupies a room on a temporary basis for sleeping purposes.

Guesthouse. Obsolete term. See "Accessory dwelling unit."

Guest room. Any room occupied, or intended, arranged or designed for occupation by one or more guests. Every 100 square feet of gross floor area in a dormitory is a guest room.

Half-story. A story under a gable, hip or gambrel roof having the top of the wall not more than four feet above the floor of such story.

Height (of building). Building height is measured as the vertical distance between finished grade at the base of the building along the side of the building being measured and: the average height level between the eaves and ridge line of a gable, hip, or gambrel roof; the highest point of a mansard roof; or the highest point of the parapet of a flat roof, or, if no parapet, the highest point of the flat roof.

Highway business district. All commercial properties located within 300 feet of the U.S. Highway 180 East right-of-way east of Swan Street and all commercial properties located within 300 feet of the NM Highway 90 South right-of-way south of Ridge Road.

Historic structure. Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

(4)

Individually listed on a state inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior, or

b.

Directly by the Secretary of the Interior in states without approved programs.

Home business. A commercial activity that: (1) is conducted by a person on the same lot (in a residential district) where such person resides, (2) is subordinate to the primary residential use of the dwelling unit, and (3) can be conducted without any significantly adverse impact on the surrounding neighborhood. Home businesses include, for example, the making of rugs, blankets, clothing, pottery, jewelry, painting, baskets; the sale of products from samples and catalogs; and services such as therapy, hairdressing, massage, drafting, and consulting.

Hotel or motel. Any building containing six or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes.

HUD Seal or Code. U.S. Housing and Urban Development certification that a manufactured home is built to the standards of the Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).

Institutional use. A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purpose.

Junkyard. Outside location for the temporary or permanent storage, collection or sorting, of materials or, the outside storage of materials or items not integral to the primary use of the land in quantities or for time periods not typical of the surrounding neighborhood. Waste materials are stored until they are either transferred to a permanent disposal site such as a landfill or sold to a customer, where the customer is seeking a particular item and initiates the sale at the junkyard itself.

Kitchen. Any room used, or intended or designed to be used, for cooking and preparing food.

Land dedication. The setting aside by the owner(s) or subdivider of a certain portion or portions of land for some specified or public use.

Landscaping materials sales. Any store engaged in the retail sale of materials used for landscaping purposes, such as trees, plants, fertilizer, pottery and lawn furniture, but not including the storage or sorting of bulk (unpackaged) sand, gravel, rock, bark, mulch or fertilizer. Two cubic yards of such materials may be stored for display purposes.

Large retail establishment. Any store engaged in retail sales and service with a footprint of 50,000 square feet or more. Large retail establishments shall not be permitted within any historic district, unless developed or located within a building or buildings existing prior to the adoption of this Land Use Code.

Loading space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, which abuts upon a street, alley or other appropriate means of access.

Lot. An individual area or unit of land resulting from a legally approved subdivision and described by metes and bounds or reflected on a plat recorded by the County Clerk; or, if created and recorded prior to the adoption of the Town's subdivision regulations or prior to its annexation into the Town, a unit of land designated by a separate and distinct number or letter recorded by the County Clerk.

Lot area. A measurement of the area contained within the boundaries of a platted lot, but not including any part of the right-of-way of any street, alley, or cross walk, expressed in square feet or in area.

Lot coverage. Lot coverage is measured as the percentage of the total lot area covered by buildings and other impervious surfaces. It is calculated by dividing the square footage of impervious cover by the square footage of the lot and multiplying by 100.

Lot depth. The horizontal distance between the front and rear property lines measured halfway between the side property lines.

Lot, front of. The boundary of a lot bordering on a street, in the case of a corner lot either street may be the front of the lot.

Lot width. The horizontal distances between the side property lines measured at right angles to the lot depth at a point along the front yard setback line.

Major arroyo. Any channel with a FEMA-designated flood hazard area, or any channel whose watershed exceeds two square miles whether such watershed is in a natural or altered state.

Major flood control facility (Major facility). Any facility, including a street or alley, that would collect, divert, or convey a peak discharge of more than 50 cubic feet per second or store more than 2.0 acre-feet of runoff in the event of a 100-year design storm.

Majority, simple. More than 50 percent of the voting members seated for the vote.

Majority, super. More than 50 percent of the designated voting members of the decision-making body.

Manufactured home. A dwelling unit built entirely in a factory to federal performance standards established by HUD Code.

Manufactured home, multi-section. A manufactured home that is built in two or more sections that are assembled or completed at the building site. These dwelling units are allowed in any zone where a single-family dwelling is allowed.

Manufactured home, single-section. A manufactured home that is structurally complete when it leaves the manufacturing facility. These dwelling units are restricted in where they may be located in Town limits. See Use Table 3.2.

Manufactured home park. A tract of land at least one acre in size designed and intended for single-family residential use where residence is in manufactured homes. Any parcel of land on which two or more manufactured homes are located. Lots are leased or rented, but not sold.

Manufactured home subdivision. A tract of land at least five acres in size, subdivided into lots designed for long term single-family residential use in single-section manufactured homes. Lots shall be sold exclusively for manufactured home occupancy and ownership of the lot and manufactured home shall be the same.

Manufacturing and production uses. Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretakers' quarters. Specific use types in this Land Use Code include: indoor or outdoor operations with or without outdoor storage, junk yards, and batch or asphalt plants.

Medical/hazardous waste transfer station. Uses that receive solid or liquid medical and/or hazardous wastes from others for disposal on the site or for transfer to another location.

Menu sign. A permanently mounted structure displaying the bill of fare of a drive-in or drive-through restaurant.

Minor flood control facility (Minor facility). Any facility which would collect, divert or convey a peak discharge of 50 cubic feet per second (50 cfs) or less, or store two acre-feet of water or less in the event of the 100-year design storm.

Mixed-use building. A development that combines different uses in the same building.

Mobile home. A manufactured home that was built prior to the 1976 passage of the HUD Code.

Mobile home park. Obsolete term. See "Manufactured home park."

Mobile home subdivision. Obsolete term. See "Manufactured home subdivision."

Modular dwelling unit. A dwelling unit constructed to UBC or IRC Code, transported, and assembled on the building site. These dwelling units are allowed in any zone where a single-family dwelling is allowed.

Multiple-use flood control facility. A drainage control, flood control or erosion control facility in which other secondary uses are planned or allowed, including but not limited to recreation, open space, transportation, and utility location.

Mural. A work of art that is pictorial, abstract, or sculptural, applied directly or attached to an exterior mounting surface or retaining wall located within public view. Embellishments to or decorations of architectural elements are not considered a mural.

Neighborhood store. Any retail establishment offering for sale food products or household items. This business may also sell packaged alcoholic beverages. No more than 12 on-site parking spaces shall be provided. A neighborhood store does not include additional activities allowed in a gasoline station/convenience store such as the sale of automotive fuels.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction or facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 17, 1988.

Non-conforming lot, structure, use, or sign. A platted lot, or all or part of a structure, or a use of a building or land, or a sign, which does not comply with the requirements of this Land Use Code or its predecessor, and which lawfully existed at the time this Land Use Code became effective. These lots, structures, and uses may be rightfully continued, and the right shall run with the land, subject to the restrictions specified in Article VII.

Nuisance waters. Those waters leaving a site and entering a public right-of-way which do not result directly from precipitation, such as water from springs, landscape over-watering, or car washing.

Official zoning maps. The Town of Silver City land use designation maps corresponding to uses specified in the zoning ordinance, including overlay zones.

Oil and gas drilling. Extraction of oil and gas resources from the ground for off-site use.

Open space. A designated area of land owned by a public entity suitable for trails, landscaping and natural areas.

Outdoor commercial amusements. Outdoor commercial amusement uses include various activities and structures that draw large numbers of people to specific events or shows, such as miniature golf facilities and amusement parks. This use group shall not be construed to include concert halls or outdoor concert areas, race tracks of any kind, stadiums, or similar facilities intended to attract large crowds in excess of 1,000 people.

Outdoor sales, repairs, and activities. The display and sale of products and services primarily outside of a building or structure, including vehicles, vehicle repair, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscaping materials, equipment rental and lumber yards.

Overlay zone. A special zoning district that is placed over an existing zone(s) and that identifies special provisions for the regulation of land uses in addition to those in the underlying zone. The overlay zone can share common boundaries with the base zone or cut across underlying zone boundaries.

Owner. Any person or legal entity having a proprietary interest in a structure or a parcel of land, including a contract purchaser, but not including a mortgagee or lien holder.

Parcel of land. A contiguous area of land containing one or more lots in the possession of, or owned by, or recorded by the County Clerk as the property of a person.

Parking lane. Space reserved for parking of vehicles within a roadway surface. Parking lane width includes gutter, if present.

Parking space. Space following dimensions established in Section 5.9.5(A) for parking of one automobile within a building or a private or public parking area, exclusive of ramps, columns, office and work areas and contained entirely within the property lines.

Permanent foundation. Constructed or assembled components of a structure consisting of durable materials (i.e. concrete, masonry, or other approved materials constructed on site). When a permanent foundation is built for a manufactured home, the foundation shall have attachment points to anchor and stabilize the manufactured home. The design of the foundation shall meet the standards set in the State of New Mexico Manufactured Housing Division Administrative Code Section 14.12.2.57.

Person. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, city and county, municipality, district or other political subdivision or any other group or combination acting as a unit.

Personal services. Low impact services including but not limited to: a barbershop, beauty parlor, photographic studio, dry cleaning establishment, tattoo studio, laundromat, photocopy services, tanning and personal care services, martial arts studio and dance or music classes.

Pest control. A building or premises used by a business engaged in pest control and used for storing extermination or fumigation chemicals.

Physical and mental rehabilitation facility. A facility in which resident patients are restored to useful life through physical and/or mental therapy. In this Land Use Code, a rehabilitation center is considered a specific type of Hospital/Clinic use.

Planned unit development (PUD). A development designed to accommodate varied types of residential and/or non-residential development including single, two-family, and multiple-family housing, commercial, or industrial uses, and related accessory uses and special uses commonly found in similar developments, in patterns or layouts not otherwise permissible in other zone districts of this Land Use Code. Planned unit developments are designed to provide additional amenities or benefits to the Town in return for flexibility in the design, layout, and dimensions of the development.

Plat, final. The final map of a subdivision certified by a licensed, registered surveyor with a description of the subdivided land and with ties to permanent monuments which is filed with the Town for review and which, if approved, shall be filed with the County Clerk of Grant County, New Mexico.

Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision which meets the requirements of Section 5.1 and is submitted to the Town for Planning and Zoning Commission consideration.

Plat, sketch. A simple sketch on a topographic survey print, showing proposed lot and street layout as well as any special features of the land.

Police and/or fire facility, full station. Central station containing offices of the chief and administrative employees, where business is conducted.

Police and/or fire facility, sub station. Any stations additional to the full station located throughout the Town to provide service to the surrounding neighborhood(s).

Property lines. The lines bounding the property.

Re-subdivision. The re-platting of lots within a previously approved subdivision in any way that does not qualify as a land division; treated as a form of Administrative Subdivision under this Land Use Code.

Recreational vehicle. A vehicle which is built on a single chassis; 400 square feet or less in size when measured at the largest horizontal projections; designed to be self propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle park. A tract of land at least one acre in size designed and intended for temporary residential use where residence is in recreational vehicles or tents, regardless of whether or not a charge is collected for such accommodations.

Recreational vehicle subdivision. A tract of land at least three acres in size, subdivided into lots designed for single-family residential use in occupancy. Ownership of the lot and recreational vehicle shall be the same.

Recycling collection point. An incidental use that serves as a public drop-off point for temporary storage of recoverable, non-hazardous resources. No processing of such items is allowed. This facility is generally located in a shopping center parking lot or in other public/quasi-public areas, such as in churches and schools, and generally uses impermanent collection bins such as roll-off dumpsters.

Recycling collection and transfer center. A facility in which recoverable, non-hazardous resources such as newspapers, magazines, books, and other paper products; glass, metal cans, scrap metal, and scrap wiring; and other household consumption products are collected, sorted, and transferred to a recycling processing center. This facility does not act as a point of sale for retail customers.

Recycling processing center. A facility in which recoverable resources, such as newspapers, magazines, books and other paper products; glass, metal cans, scrap metal, scrap wiring, and scrap vehicles; used vegetable and other cooking oils, scrap home furnishings including washer/dryers, water heaters, stoves, refrigerators, and other household appliances; and other products are recycled, reprocessed, and treated to produce secondary materials such as plastic pellets, metal bars, particle board, or biofuel that are later used in production at other facilities. This facility does not act as a point of sale for retail customers.

Repair shops, light. A specific type of Retail Sales and Service in this Land Use Code, referring to retail establishments with either indoor or outdoor operations and/or storage geared toward providing craft assembling services (e.g., upholsterers) and/or repairs (e.g., repair of computers, televisions, clocks, or appliances), including incidental computer software consultation, and cell phone sales and services. Repair of motor vehicles and similar heavy machinery is prohibited.

Resort cabin or lodge. A hotel or motel that serves as a destination point for visitors. A resort cabin or lodge is self-contained and generally provides recreational facilities for persons on vacation and personal services customarily furnished at hotels, including the serving of meals.

Right-of-way. Land reserved and dedicated for use as a street, alley, crosswalk, utilities or for other public access.

Roadway. That portion of a street right-of-way developed for vehicular traffic.

Rooming or boarding house. A building containing a single dwelling unit and not more than five guest rooms where lodging is provided with or without meals, for compensation.

Sales stand. A structure for the display and sale of products with no space for customers within the structure itself.

Setbacks. Setbacks are unobstructed, unoccupied open areas, measured as follows:

Street setbacks. Street setbacks shall be measured between the furthermost projection of a structure and the right-of-way line or the property line abutting the roadway, whichever is closer to the center of the lot (curb or edge of pavement does not necessarily define the edge of property line).

Side and rear setbacks. Side and rear setbacks shall be measured between the furthermost projection of a structure and the property lines of the lot on which such structure is located.

Short term rental unit. A privately owned residential dwelling, such as but not limited to, a single family detached or multiple family attached unit, apartment, condominium, cooperative apartment, duplex, or any portion of such dwelling rented for occupancy for dwelling, lodging, or sleeping purposes for any period of 30 days or less.

Sidewalk. A paved pathway provided for pedestrian use. The term "sidewalk" also identifies the primary use of that area in a public right-of-way between a street or road edge and an adjacent property line that is a pathway for pedestrians.

Sign. A display using objects, symbols, lights or text intended to advertise or convey information. A sign may be freestanding or it may be affixed to or painted onto the exterior surface of a structure, including any part of a building.

Sign, billboard. An advertising sign that exceeds 200 square feet in area and is either free-standing or affixed or painted to a structure.

Sign, directional. A sign indicating only the location of an object, place or area, and not containing any other information with regard to the business.

Sign, free-standing. Any sign supported by a structure or supports that is placed on, or anchored in, the ground and that are independent from any building or other structure.

Sign, off-premise. A sign located either on a vacant parcel or on a parcel containing a use not associated with the sign. Off-premise signs are limited to free-standing or wall signs.

Sign, on-premise. A sign located on the parcel containing the use associated with the sign.

Sign, portable sandwich board. Any portable freestanding sign which is ordinarily in the shape of an "A," an "I", or some similar shape.

Sign, projecting. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Sign, roof. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Sign, flush wall. Any sign attached substantially parallel to, and within six inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

Sign permit. A permit issued by the Community Development Director that authorizes the recipient to erect, move, enlarge or substantially alter a sign.

Sign, temporary. Any sign that is permitted to be placed or erected for a limited period of time.

Skirting. To enclose the space between the lower (floor) elevation of a manufactured home or modular home and the ground and completely conceal the undercarriage portion of such homes.

Storage trailer. An unoccupied unit being held for temporary storage.

Story. The portion of a building other than the basement or cellar included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof next above.

Street. A public thoroughfare dedicated as such or condemned for use as such, other than an alley, which affords the principal means of access to abutting property.

Street, arterial. The arterial system services the major activity centers, includes the highest traffic volume corridors, and carries a high proportion of the total urban area travel on a minimum of mileage. The Town's primary or principal arterials include US 180, NM 90, and NM 15 (Pinos Altos Road). Little Walnut Road is considered a secondary or minor arterial. The arterials are considered part of the Town's major roadway system (see also Street, Primary Arterial, and Street, Secondary Arterial).

Street, collector. The collector street system provides both land access service and traffic circulation within residential neighborhoods and commercial and industrial areas. Collector streets carry traffic from local streets in residential neighborhoods, including principal entrance streets and streets for circulation within such developments, and channel it into the arterial system. The Town's collector street system includes the following streets: Alabama/Cottage San, Broadway, Bullard, Cain, College, Cooper, "E", Gold, Market, Mountain View, Pine, Ridge, Silver, Silver Heights, Swan south of US 180, and 12 ^th . Other streets are considered collector streets; however, the listed collectors are considered part of the Town's major roadway system.

Street, frontage. Street frontage is measured between the side property lines along the street property line. In the case of lots fronting more than one street, street frontage is the total linear frontage on all streets.

Street line. The edge of the established street, whether or not it matches any property line.

Street, local. An interior street in a subdivision used primarily for access to abutting properties and serving as a source of traffic for a collector street.

Street, primary arterial. An arterial street of considerable length, used primarily for fast and heavy through traffic (e.g. US Highway 180, NM Highway 90, and NM 15 north of 32 ^nd ).

Street, secondary arterial. An arterial street of relatively short length, primarily designed for moderate speeds and traffic loads (e.g. Hudson Street between U.S. Highway 180 and Broadway, 32 ^nd Street east of Swan including 32 ^nd Street Bypass, Little Walnut Road south of Cain Drive, NM 15 south of 32 ^nd Street, Swan Street between US Highway 180 and 32 ^nd Street, and Pope Street between U. S. Highway 180 and College Street).

Structure. Anything that is built or constructed on the ground or attached/supported by something on the ground, including buildings, signs, gas or liquid storage tanks, antennae, telecommunication facility towers, swimming pools, walls, and fences, but excluding a driveway, street, tent or vehicle.

Subdivider. An owner, or an owner's agent, who undertakes the subdivision of land.

Subdivision.

(1)

For the area of land within the corporate boundaries of the Town of Silver City, the division of land into two or more parts by platting or by metes and bounds description into tracts for the purpose of sale for building, laying out part of the Town, adding to the municipality, laying out suburban lots, or re-subdivision.

(2)

For the area of land within the ETJ, the division of land into two or more parts by platting or by metes and bounds description into tracts of less than five acres for the purpose of sale for building, adding to the Town, laying out suburban lots, or resubdivision.

Subdivision, administrative. A division of a single parcel of land into two parcels, or a resubdivision in which the combination or recombination of previously platted parcels does not increase the total number of parcels, or subdivision into two or more parcels in the Industrial zone district.

Subdivision, major. Any subdivision other than an Administrative Subdivision.

Tattoo parlor or studio. A facility in which permanent marks, scars, or designs are made on the skin by a process of pricking and ingraining an indelible pigment or by raising scars; or in which other bodily decorations, such as piercing, are provided. Tattoo studios are considered a specific type of "personal services" in this Land Use Code.

Telecommunications towers. Any freestanding facility, building, pole, tower, or structure used to provide only telecommunications service, and which consists of, without limitation, antennae, equipment, and storage, and other accessory structures used to provide telecommunication services.

Temporary drainage facility. A non-permanent drainage control, flood control, or erosion control facility constructed as part of a phased project or to serve until such time that a permanent facility is in place, including but not limited to desilting ponds, berms, diversions, channels, detention ponds, erosion control measures, bank protection and channel stabilization measures.

Tiny house. A dwelling that is 400 square feet or less in floor area excluding lofts placed upon a permanent foundation, but does not include structures on chassis with permanent axles or recreational vehicles. For the purposes of this definition, the definitions mentioned in NMAC 14.7.3.28 Appendix Q shall apply and are incorporated herein as if fully set forth.

Town. The Town of Silver City, New Mexico.

Town Clerk. Clerk of the Town of Silver City, New Mexico.

Traffic impact analysis (TIA). A study performed by a qualified engineer or planner which assesses the impact of the proposed facility or development on existing motorized and non-motorized traffic flow (see Section 3.3.1(W)(1)(a)(ii)). Also referred to as a "traffic study."

Trail. A marked path used for recreation or transportation purposes.

Travel lane. That part of a street designed to carry moving vehicular traffic, not including medians, turn lanes, shoulders, curb or gutter.

Travel trailer. Any vehicle or similar portable wheeled contained space designed as a temporary dwelling for travel, recreational and vacation uses.

Treatment facility. A residence for individuals, some or all of whom are receiving on-site medical or psychological treatment, therapy, or counseling. The allowed number of individuals is limited by zoning district, and shall include both those individuals receiving treatment and those providing treatment. Provided that the use otherwise complies with this definition and size restriction. A Treatment Facility may include any of the following:

(1)

A nursing home;

(2)

A nursing facility;

(3)

Institutions providing life care;

(4)

A state-licensed group home for the developmentally disabled or for persons with mental illness;

(5)

An adult day treatment facility, including an adult day care, that provides continuous care and supervision for three or more adults 18 years of age and over for at least four but less than 24 hours a day that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting; and

(6)

A physical/mental rehabilitation home.

Use. The activity or function that actually takes place or is intended to take place on a lot.

Utility, basic. Basic utilities are infrastructure services that need to be located in or near the area where the service is provided. Examples include water and sewage pump stations; electrical substations; water towers and reservoirs; public and private water treatment facilities; stormwater retention and detention facilities; telephone exchanges; recycling drop-off stations; and park-and-ride facilities for mass transit. Basic utility uses do not regularly have employees at the site. Service may be public or privately provided. Accessory uses may include parking and control, monitoring, and data or transmission equipment.

Utility corridor. Utility corridors are public or private passageways, including easements, for the express purpose of transmitting or transporting electricity, gas, oil, water, sewage, communication signals, or other similar services on a regional level.

Vacation. Cancellation of all or part of a recorded subdivision plat, easement or public right-of-way.

Variance. A discretionary relaxation from the strict application of certain zoning requirements granted by the Planning and Zoning Commission under Section 6.3.19 to alleviate conditions unique to a particular property that places an undue burden upon the individual landowner. Variances involve circumstances in addition to and more significant than slight variations which characterize dimensional adjustments, described in Section 6.3.18.

Vehicle repair. Vehicle repair firms service passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles. Generally, the consumer does not wait at the site while the service or repair is being performed. Accessory uses may include offices, sales of parts, and vehicle storage. Specific vehicle repair use types in this Land Use Code include: auto mechanical repair, body shop, truck repair, truck stop/travel plaza, and tire recapping and storage.

Vehicle service, limited. Limited vehicle service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed. Accessory uses may include auto repair and tire sales. Specific limited vehicle service use types in this Land Use Code include: car wash, gasoline station, and quick lubrication facilities.

Verge. A landscape area on the edge of a road.

Veterinary clinics. Professional care, observation, boarding or treatment of animals.

Vocational/technical trade school. A school that offers special training in specific trades or occupations, such as mechanics.

Walking path. A marked or dedicated path or way for pedestrians. If constructed in an area with urban streets, a walking path shall have an all-weather surface such as concrete, stabilized aggregate, or asphalt.

Watercourse. See "Drainageway."

Watershed. See "Drainage basin."

Winery/brewery. A business involved in the production on the premises of wine or beer, which may include growing of crops, and sales of wine or beer.

Work order. An informational form specifying key aspects of the construction process which, by agreement between a developer and the Town, become requirements.

Yard. Any space on a lot, other than an interior courtyard, which is not occupied by a structure.

Yard, front. An open area extending across the full width of the lot, the depth of which is measured as the shortest distance from the front property line to the nearest wall of the main building.

Yard, rear. An open area extending across the full width of the lot, the depth of which is measured as the shortest distance from the rear property line to the nearest wall of the main building.

Yard, side. An open area extending along the length of the lot between the front and rear yard setback, or the front and rear property lines if there are no setback requirements, the width of which is measured as the shortest distance from the side property line to the nearest wall of the main building.

Yard license. A license granted to a property owner allowing the temporary use of Town property where the Town retains ownership of the property. The license is subject to termination by the Town.

Zone. A mapped district of the Town that identifies a set of provisions for the regulation of land uses.

Zoning permit. A permit issued by the Community Development Director that authorizes the recipient to make use of property in accordance with the requirements of this Land Use Code.

(Ord. No. 1276, 2-26-2019)