This chapter shall be known as the "Comprehensive Zoning Ordinance" of the village.

(Ord. No. 190, § I(A), 8-10-2020)

This chapter is intended to help achieve the goals and objectives of the comprehensive master plan and is viewed as a vital tool for accomplishing that plan. Thus, the regulations and restrictions of this chapter are designed to avoid congestion in the streets and public ways; to secure safety from fire, flood, and other dangers; to promote the general welfare of the community; to preserve and conserve local water resources; to prevent the overcrowding of land; to facilitate adequate provisions for transportation, water, wastewater, schools, parks, and other community requirements; to conserve the value of property; and to encourage the most appropriate use of land throughout the village. Development in the village shall not destroy the rural residential character of the village nor shall it adversely affect the community water system, sewer system, fire protection systems, and any other infrastructures adequate to serve the development.

(Ord. No. 190, § I(B), 8-10-2020)

This chapter shall apply to all lands within the municipal boundary of the village, including such lands as may be subsequently annexed to the village. This chapter governs all real property located within the zoning jurisdiction of the village. Boundaries delineating the zoning jurisdiction of the village shall be as indicated on the official zone map of the village, maintained separately from this chapter.

(Ord. No. 190, § I(C), 8-10-2020)

The provisions of this chapter are held to be minimum requirements to carry out the purpose of this chapter and are not intended to interfere with any other laws, covenants, or ordinances. Whenever any provisions of this chapter are more or less restrictive than other laws, covenants, or ordinances, then whichever is more restrictive shall govern.

(Ord. No. 190, § I(D), 8-10-2020)

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

Accessory means subordinate and incidental to a principal use or structure on the same lot.

Apartment means one or more structures for rent or lease containing two or more dwelling units each.

Banners means a temporary sign (not to exceed 90 days) generally made of flexible vinyl and/or canvass like material.

Billboard means a commercial sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

Boardinghouse, roominghouse, lodginghouse, orbed and breakfast means a building other than a hotel or restaurant where lodging, with or without meals, is provided for compensation for one or more persons but not exceeding eight persons.

Building means any structure having a roof supported by columns or walls, and designed or intended for shelter, support, enclosure or protection of persons, animals, or personal property.

Building height means the average of their vertical distances from the finished ground level at the center of all walls of a building to:

(1)

The deck line of a mansard roof;

(2)

The mean height level between the eaves and ridges of a gable, hip, or gambrel roof; or

(3)

The highest point of a flat roof or any roof style not described in this definition.

Business registration means a licensed permit approved and issued by the village for each business operated within its municipal boundaries.

Clinic means an establishment occupied by one or more members of the medical, dental, or veterinary profession for the purpose of providing health services.

Club means any membership organization catering exclusively to members and their guests and whose facilities are limited to meeting, eating, and/or recreational uses, and further whose activities are not conducted for monetary gains, including, but not limited to, civic, fraternal, charitable, religious, social, and patriotic organizations.

Condominium means one or more structures containing two or more dwelling units each that are sold to and held under individual ownership by the occupants, and which may or may not include ownership of the land upon which the dwelling units are situated. The term "condominium" includes town houses, patio houses, and other similar forms of individual ownership.

Contiguous means touching or separated only by a public right-of-way.

Dedicated open space means any open space dedicated by the village's council by ordinance.

Developed lot means a lot containing a permitted permanent structure.

Drainage means discharge or flow of surface water by gravity.

Dwelling, single-family, means a detached dwelling unit in a structure, including a mobile home or tiny home, designed for and occupied by one family only.

Dwelling, multifamily, means a single structure containing two or more dwelling units, including, but not limited to, condominiums and apartments.

Family means one or more persons occupying a single dwelling unit, provided that unless all are related by blood, marriage, or legal adoption, no such family shall contain over five unrelated persons. This provision shall not apply to dwellings for persons who are disabled, as specified in the Americans with Disabilities Act.

Fence or wall means an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas. Materials used in the construction of a fence or wall shall not pose health or safety hazards to the community and shall not be disruptive to the rural residential character of the village or have an adverse effect on drainage.

Floor area means the total horizontal area of the total number of floors of a building.

Food truck. See Mobile food unit.

Frontage means a distance measured along a public right-of-way line.

Garage, commercial, means a building other than a private garage, used for the care or repair of automotive equipment or automobiles, or where such vehicles are parked or stored for payment or sale within the structure.

Garage, private, means any accessory building or portion of a building used for the primary purpose of housing vehicles, which are owned and used by the occupants of the main building.

Grade means the average of the finished ground level at the center of all walls of a building.

Home business means any occupation clearly incidental and secondary to the use of the premises for a dwelling.

Improved lot means a lot that has had additions or upgrades that may add value to the property such as utilities. An improved lot is not necessarily a developed lot.

Inoperable vehicle means any vehicle which, for a period of at least 30 consecutive days, the engine, wheels, tires or other parts have been removed or on which the engine, wheels, tires, or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. A vehicle that is not registered or does not display a current valid license plate and validating sticker shall be deemed inoperable. The term "inoperable vehicle" shall include any parts of a vehicle located separately from a vehicle. A vehicle shall be deemed inoperable when it has one or more flat tires or has one or more missing windshield or window or has one or more windshield or window broken to the extent that visibility is limited to make driving such vehicle unsafe. The term "inoperable vehicle" does not include any motor vehicle that is kept within a building when not in use, nor a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise. The term "inoperable vehicle" does not include a vehicle for which a temporary sticker has been issued.

Lighting fixture, outdoor means an outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights and floodlights, whether for architectural lighting, parking lot lighting, landscaping lighting, billboards or street lighting (NMSA 1978, § 74-12-3).

Lighting fixture, shielded means a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted (NMSA 1978, § 74-12-3).

Lot means a parcel or tract of land of sufficient size to meet the minimum requirements of this chapter, platted and recorded with the county clerk in accordance with all laws and ordinances, legally described and containing sufficient frontage and legally approved access to public rights-of-way.

Lot, corner, means any lot located at the intersection of and having frontage on two or more streets.

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

Lot area means the aggregate lot area measured to property lines but excluding easements.

Lot line, front, means the boundary line of a lot bordering on a road or public right-of-way.

Lot line, rear, means the boundary line of a lot, which is opposite and most distant from the front lot line and does not connect to the front lot line.

Lot line, side, means any lot boundary line which is not a front lot line or a rear lot line.

Mobile food unit means any wagon, truck, pushcart, or vehicle self-propelled or otherwise movable from place to place from which any person sells, offers for sale, or gives away, beverages, food or any food product for human consumption. A mobile food unit may be as complex as a full commercial kitchen on wheels or may be as simple as a pushcart.

Mobile home park means a parcel of land on which space is leased or rented for occupancy by two or more mobile homes and which contains facilities for the use of mobile home occupants. Mobile home parks are not authorized in the village.

Modular or prefabricated home means a factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure on a permanent foundation; the term "modular or prefabricated home" applies to major assemblies designed to be permanently affixed to real property in conformance with the local building codes, and does not include prefabricated supplements, such as panels, trusses, or plumbing trees which are to be incorporated into a structure at a building site.

Nonconforming uses, lots or structures means any building, structure or portion thereof, or use of any building or land which does not conform to the regulations of this chapter but which lawfully existed on the effective date of the ordinance from which this chapter is derived.

Open space means an area created for the purpose of retaining and enhancing the rural character of the village assuring that commercial development will compliment, not harm the natural beauty of the village.

Parking, off-street means an area used for parking of motor vehicles as regulated by this chapter.

Permissive use means any use authorized in a particular zone district established by this chapter.

Planning and zoning commission means the planning and zoning commission of the village.

Premises means any lot or combination of contiguous lots held in single ownership, together with the development thereon.

Public right-of-way means a thoroughfare, which has been dedicated to the public by deed, or reserved by plat, or otherwise acquired by the village, county, state, or federal government.

Residential mobile home or manufactured housing means a transportable structure, at least eight feet in width and 32 feet in length, built to be towed on its own chassis, and designed to be used as a movable dwelling unit for connection to permanent utilities. A mobile home structure shall be certified as meeting the National Manufactured Housing Construction and Safety Standards of the U.S. Department of Housing and Urban Development. A mobile home shall be installed in accordance with the provisions of the N.M. Manufactured Housing Act. Mobile homes shall not be used for a commercial business.

Salvage material means any excess or reusable materials having a value to the owner.

Seasonal sales means the seasonal selling, offering for sale, selling or delivering, bartering, exchanging, peddling or outside sales of any goods, wares, merchandise, property, either real or personal, tangible or intangible, services, Christmas trees or other vegetation or food items such as chile, piñon, fruits and vegetables, on any commercial property in the village. Such sales may require village business registration.

Setback means the minimum allowable distance between any building and the nearest lot line of the lot upon which it is located, consisting of open space, unoccupied by any structure, except as otherwise provided in this chapter.

Setback, front yard, means the minimum allowable distance between any building and the front lot line of the lot on which such building is located. No more than one front yard setback shall be designated on commercial lots or double frontage lots.

Setback, rear yard, means the minimum allowable distance between any building and the rear lot line of the lot on which such building is located. On double frontage lots, the rear yard setback shall be designated on the opposite side of the lot from the designated front yard setback.

Setback, side yard, means the minimum allowable distance between any building and a side lot line of the lot on which such building is located. On corner lots, a side yard setback shall be designated along the lot line bordering a road or street that is not designated as the front yard setback.

Shopping center means an aggregation of retail service or commercial businesses occupying a single site and including any number of businesses connected or clustered with common parking and vehicular access.

Sign means a device intended to direct or attract persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the sign regulations herein:

(1)

Signs required by state or federal law, or signs of an official governmental body.

(2)

Illustration of names of occupants and address or property numbers, when smaller than one square foot.

(3)

Private traffic signs, visitor signs, or warning signs bearing no advertising matter, and smaller than one square foot.

Sign face means the area of the sign, which is enclosed by a continuous line, connecting the extreme points or edges of the sign, but not including structural supports of the sign. For any two-sided sign, only one sign face shall be counted in computing the sign size.

Structure means anything constructed or erected with a permanent location on the ground or attached to something having a permanent location on the ground.

Subcontractor means any individual, company, or other entity that contracts with another individual, company, government or other entity (the contractor) to perform a service of any kind. The contractor shall be responsible for ensuring that all village sales taxes are paid by the subcontractor for work done within the village.

Subdivider means any person proposing a subdivision, including the owner, equitable owner, or any authorized representative.

Subdivision.

(1)

The term "subdivision" means:

a.

For the area of land within the corporate boundaries of the municipality, the division of land into two or more parts by platting or by metes and bounds description into tracts for the purposes set forth in this definition; and

b.

For the area of land within the municipal extraterritorial subdivision and platting jurisdiction, the division of land into two or more parts by platting or by metes and bounds description into tracts of less than five acres in any one calendar year for the following purposes:

1.

Sale for building purposes;

2.

Laying out a municipality or any part thereof;

3.

Adding to a municipality;

4.

Laying out suburban lots; or

5.

Resubdivision.

(2)

The term "subdivision" includes the division of any lot or tract of land into two or more parts for the purpose whether immediate or in the future of sale, lease, or development. Subdivision does not include the following:

a.

Any residual land retained by the subdivider after subdivision, but which has not been divided for subdivision purposes.

b.

The sale or lease of apartments, offices, stores or similar space within a building.

c.

Any division of land in which only gas, oil, mineral, or water rights are severed from the surface ownership of the land.

d.

Any division of land created by court order, except court orders involving land grant adjudications.

e.

The leasing of land for grazing or farming activities.

Temporary means a time frame to be determined by the planning and zoning commission.

Tenant means an individual who rents space for commercial purposes from a business registered with the village (e.g., beauty salons, art galleries, flea markets, etc.). All such tenants must obtain a village business registration.

Tiny house means a ground set dwelling that is 400 square feet (37 square meters) or less in floor area excluding lofts.

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

Undeveloped lot means a vacant lot or a lot containing unpermitted structures.

Use means the purpose for which land or a building is designed, arranged or intended, or for which it is occupied or maintained, rented or leased.

Variance means a relaxation of the terms of this chapter where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary hardship. Financial gain or loss shall not be the determining factor in deciding a variance.

Vendor means an individual that sells a product or conducts seasonal sales (wood, landscaping materials, produce, etc.) on private property at the side of the road and is not a tenant to a business registered with the village, thus a business license is not required. The term "vendor" includes mobile food units.

Zone means any section of the village in which requirements for the use of buildings and land is uniform, as prescribed by this chapter.

(Ord. No. 190, § II, 8-10-2020)

Any person violating any of the provisions of this chapter shall be subject to a fine not exceeding $500.00. Any violation continued for a period of 60 days may result in legal action.

(1)

Any resident or business entity that fails to obtain required construction permits or fails to ensure that their subcontractors or vendors pay gross receipts taxes shall be subject to a fine.

(2)

Any noncomplying resident or business entity shall be required to obtain all required county construction inspections.

(3)

The village shall charge a fine of:

a.

Up to $150.00 for the first offense;

b.

Up to $250.00 for the second offense;

c.

Up to $500.00 for the third offense and revoke their business registration.

(Ord. No. 190, § XI(F), 8-10-2020)