For the purpose of this Code, the following definitions shall apply:

Accessory Building or Use. A subordinate, non-dwelling, building or use, the use of which is incidental to and customarily found in connection with the principle building or use, and located on the same lot with the principle building or use. An accessory use shall not exceed one-fourth (¼) of the use or area of the main business or building.

Accessory Dwelling Unit: A subordinate dwelling, the use of which is incidental to the principle dwelling or commercial structure or use, and located on the same lot with the principle dwelling structure or use. An accessory dwelling unit shall not exceed one-fourth (¼) of the livable area of the area of the main dwelling, structure or use.

Adjacent: Within the area of legal notice required for any given action, and when no other standard exists for notification, then within three hundred (300) feet of the property which is the subject of an action.

Adult Entertainment Facility: Any use, such as adult bookstore, adult movie theater, or adult news rack, which has books, materials, movies or illustrations which depict sexual or erotic behavior of a prurient nature.

Aeronautical Uses: Uses which are directly associated with the operation, maintenance or storage of aircraft or that are necessary for aviation activities.

Alley: A public thoroughfare, which affords only a secondary means of access to abutting property. An alley is not to be used for through traffic or as a primary access to a property.

Apartment: A dwelling unit used exclusively for lease or rent of a residence.

Arterial Street: A street, which accommodates large volumes of comparatively high speed traffic from one area of the City to another.

Attached: Any structure or building having a common wall with another structure or building.

Aviation Related Uses: Uses associated with airport operations or that provide services or facilities for aircraft, pilots, crew or passengers.

Avigation Easement: A right to use the airspace over real property whereby an airport proprietor and aircraft owners and operators are granted the right to operate aircraft in the airspace over the real property of another.

Billboard: A freestanding pole sign at least one hundred twenty-eight (128) square feet in size, and eight (8) feet above the ground surface, which advertises or directs attention to a business, product, service, or event, not appurtenant to the use(s) of the property on which it is located.

Block: Property bounded on one side by a street, railroad, right-of-way, waterway, un-subdivided areas, or other definite boundaries.

Boarding House: A dwelling, other than a hotel, motel, or tourist facility, where, for compensation and by pre-arrangements, food and/or lodging are provided for five (5) or more persons, eighteen (18) years of age or older, unrelated by blood or marriage, including sorority and fraternity houses.

Body Shop: A shop where vehicle exteriors are replaced and reconditioned. Waxing, prefabrication, stripping, or similar activity shall not be considered body work.

Building: Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.

Building Area: That area of a lot that is or may be occupied by buildings or structures pursuant to the requirements of this Code.

Building Height Of: The vertical distance from the grade to highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable on a pitched or hip roof.

Building Depth: The depth of the lot remaining to be built upon after the required front and rear yards are provided.

Buildable Width: The width of a lot remaining to be built upon after the required side yards are provided.

Caretaker Living Quarters: A subordinate dwelling unit, the use of which in incidental to the principle use and located on the same lot as the principal building or use. Caretaker living quarters shall not exceed one-fourth (¼) the use or area of the main business or building, or 900 square feet, whichever is smaller, and shall be located in the rear yard or side yard of the property.

Child Care Center: A commercial or publicly-sponsored establishment for the day or night care of more than six (6) individuals under the age of eighteen (18), not to include a half-way house.

Church: A church shall be defined as any religious, non-profit organization with a membership of more than ten (10) persons. Any secular commercial use associated with a church that involves the sale of merchandise shall be subject to the requirements of the Comprehensive Planning and Zoning Code pertaining to that use, and shall not be considered as a church use for the purpose of this Code.

Clear-Sight Triangle: An area of unobstructed vision at street intersections, exists, or entrances between three (3) feet, and eight (8) feet above the finished grade of the street at the street corner, which is bounded by the front street and side street property lines of a corner lot and a line connecting points twenty-five (25) feet distance from the intersection of the property line of such lot.

Clinic: An establishment where patients are not lodged overnight, but are admitted for examination or treatment by a physician, chiropractor, dentist, optometrist, or group that is practicing together. As used in this Code, clinic does not refer to a veterinarian clinic.

Club: Buildings and facilities owned or operated by a corporation, association, person or persons for a social, intellectual, educational, or recreational purpose, but not for profit; includes lodge.

Collector Street: A street which carries moderate volumes of traffic from local or minor residential streets to arterial streets and highways, and is labeled as a major street in the City Street Plan.

Conditional Use: A use that is considered compatible to a permitted use and is described as conditional in specific Districts in Article 9 of this Code.

Condominium: A residential, professional, commercial, official, or industrial development, in which each unit is owned individually, whether the unit includes air space, walls, floors, or any combination thereof, and in which other areas and facilities within the development are owned and maintained jointly by a group, association or corporate entity. Ground beneath each unit is owned in common by the group, association, or corporate entity.

Convenience Store: a retail sales establishment dealing primarily in groceries and sundry items which is typically open approximately sixteen (16) hours per day, seven (7) days per week.

Cul-de-sac: A minor street with one outlet, the end of which provides a circular turnaround.

DNL: Day-night average sound level (DNL) is a noise measure used to describe the average sound level over a 24-hour period, typically an average day over the course of a year. In computing DNL, and extra weight of 10 decibels is assigned to noise occurring between the hours of 10 p.m. and 7 a.m. to account for increased annoyance when ambient noise levels are lower.

Dedicated Easement: A public easement that is dedicated for public use and is recorded as such in the office of the County Clerk. (See definition of Easement.)

Detached: A unit, building, or structure that is apart or separate from another.

District: Any District in the City of Truth or Consequences within which certain zoning and land use requirements are specified and are uniform, and which are designated on the Official Planning and Zoning District Map.

Dwelling: A building or unit thereof designed and used exclusively for residential occupancy.

Dwelling (Single-family): A dwelling designed for and occupied exclusively by one family.

Dwelling (Two-family): A building or buildings designed for two families occupying separate, attached or detached living units.

Dwelling (Multiple-family): A building or buildings designed for three (3) or more families occupying separate, attached or detached living units.

Easement: A non-possessing interest held by one person, party, or entity in land of another, whereby, that person is accorded partial use of such land for a specific use and enjoyment of his land. (See Dedicated Easement). Road easements are not to be used for primary access to a property.

Family: Person(s) related by blood or marriage, or a group of not more than five (5) persons who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.

Flea or Open Market: An open-air market in which spaces are rented or leased for the purpose of selling second-hand articles and home crafts.

Flood Zone: A special flood hazard area as defined by the Federal Emergency Management Agency or by the City.

Flood Area: The gross square feet of floor area within a building or portion thereof. For the purpose of this Code, floor area and gross floor area shall be the same, and shall be based on the outside dimensions of a building as shown on a plot plan, and shall include interior balconies, mezzanines, stairwells, storage areas, mechanical equipment areas and basements.

Frontage: Property on one (1) side of a street measured along the line of the street.

Garage, Private: An accessory building designed or used for the storage of not more than three (3) motor driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial motor vehicle of not more than two (2) tons capacity.

Garage, Public: A building or portion thereof, other than a private or storage garage designed or used for servicing, repairing, equipping, hiring, selling or storing motor driven vehicles.

Garage, Storage: A building or portion thereof designed or used exclusively for housing four (4) or more motor driven vehicles.

Gasoline Station or Service Station: A business where the primary use is to sell motor vehicle fuels at retail prices.

Grade:

a.

For buildings having walls adjoining only one (1) street, only the elevation of the sidewalk at the corner of the wall adjoining the street.

b.

For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.

c.

For buildings having no wall adjoining the street, the average level for the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.

Gross Floor Area: The sum of the horizontal square footage of all existing, proposed and phantom stories of a building may or may not be completely enclosed within the exterior surface of the surrounding exterior walls.

Ground Surface Level: Ground surface level is that surface of a yard, which directly abuts a wall, fence, building, or structure, or the average grade level, whichever is most appropriate.

Halfway House: a residential facility located in a structure or dwelling or any living unit thereof designed, used, or intended to be used as human habitation, the principal use or goal of which is to serve as a place for persons seeking, rehabilitation, recovery or counseling from any physical, mental, emotional, penal or legal infirmity, in a family setting, as part of a group rehabilitation or recovery program.

Home Occupation: A home occupation is a business or commercial activity that is considered compatible with residential areas within a District zoned for residential use. Home occupations shall be categorized into three (3) classifications: Level I, Level II, and Level III.

Home Space: Same as Manufactured Home Space.

Hotel: A building in which lodging or boarding is offered to the public and in which room assignments are made for compensation and in which entrance to and exit from all rooms is made through an inside lobby or office supervised by a person in charge at all times.

Impervious Surface Area: That ground area of a lot, tract, or parcel, that is not penetrable by water, to include, but not limited to buildings, structures, pavement, sidewalks, and certain land covers for landscaping.

Institution: Building(s) housing an organization dedicated to public or non-profit service.

Junk Yard: The use of a premises of any size for the storage, handling, dismantling, wrecking, keeping, or sale of wrecked or discarded automobiles and/or other vehicles and parts thereof, or for the storage of wood, plastic, fiber, or any other tangible scrap materials.

Kennel, Commercial: Any premises on which a total of seven (7) or more dogs, and/or cats, four (4) months of age or older, are kept; and/or where the business of buying, selling, breeding, training, or boarding of dogs and/or cats is conducted, does not include veterinary hospitals, or the humane societies, or animal shelters or pounds approved by a governmental agency.

Kennel, Private: Shall be as defined in 3-8.1 of the City Code.

Less Restrictive District: A District in which the uses, requirements and development standards are predominantly less intensive or are limited to a lesser extent than other Districts. For example, R-3 is less restrictive than R-1.

Lot: A portion of a legally platted subdivision that is shown as a lot, tract or parcel of land and held in separate ownership, as shown on the record of the County Assessor. A legal lot is a parcel that has been subdivided in accordance with present or past zoning and subdivision requirements.

Lot, Corner: A lot abutting two or more streets at their intersection.

Lot, Depth: The mean horizontal distance between the front and rear lot lines.

Lot, Interior: A lot other than a corner lot.

Lot of Record: A legal lot, tract or parcel, the map or deed of which has been recorded in the office of the County Clerk of Sierra County prior to the effective date of this Code.

Lot Splits: The subdivision or division of a lot, tract or parcel of land into separate lots, tracts or parcels.

Lot, Triple Frontage: A lot fronting on three (3) streets.

Lot Width: The width of a lot at the front property line.

Lumber Yards: A business enterprise or storage facility the primary purpose of which is the sale or storage of lumber in large quantities.

Main Building(s): The primary building or buildings on a lot used for any use.

Manufactured Housing (MH): A manufactured home that is a single-family dwelling constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2, as amended at the date of the unit's construction, and installed consistent with the Manufactured Housing Act [Chapter 60, Article 14, NMSA 1978] and with the regulations made pursuant thereto relating to permanent foundations. Manufactured housing is regulated by the State of New Mexico Manufactured Housing Division.

a.

A single section manufactured home is at least 54' by 14' and at least seven hundred fifty-six (756) square feet of heated area.

b.

A multi-section manufactured home is a single-family dwelling with a heated area of at least 36' by 24' and at least eight hundred sixty-four (864) square feet.

Manufactured Home Lot (MHL): A privately owned parcel of land within a Manufactured Subdivision, including required yards, parking area, attached and/or detached accessory buildings and open spaces, used or intended to be used for setting up one (1) manufactured home. MHL's are the subdivided parcels of Manufactured Home Subdivisions and can be sold, fee simple, to prospective owners. It is also known as a mobile home lot.

Manufactured Home Park (MHP): A privately owned tract of land in which there are three or more manufactured or mobile home and trailer spaces which may be rented or leased for long-term residential use. It is also known as a Mobile Home Park, Mobile Home Court or Trailer Court.

Manufactured Home Space (MHSP): A parcel of land within a Manufactured Home Park rented or intended to be rented to prospective renters by the owner. MHSP's include required yards, parking yards, parking areas, attached and/or detached accessory buildings, open spaces and utilities. It is also known as a mobile home space.

Manufactured Home Subdivision (MHS): A tract of land at least five (5) acres in size, subdivided into manufactured home lots designed for long-term residential use, with public streets and utilities for manufactured homes. It is also known as a mobile home subdivision.

Mini-Storage Unit: A mini-storage unit shall be construed as small storage units, each used for the sole purpose of domestic storage for individuals and strictly prohibiting the use for a business activity conducted from the unit. (This does not preclude a business from using storage units solely for storage of commercial or business related items provided that the actual commercial operation or business is conducted elsewhere, and there is no external evidence of the business at the storage unit.)

Mobile Home: A movable or portable housing structure larger than 40' in body length, 8' in width or 11' in overall height, designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2, as amended at the date of the unit's construction, or built to the standards of any municipal building code.

Modular Home: A movable or portable housing structure that is a single-family dwelling with a heated area of at least 24' by 36' and at least eight hundred sixty four (864) square feet that is built to the standard of the Uniform Building Code. Modular housing is regulated by the State of New Mexico Construction Industries Division.

More Restrictive District: A District in which the uses, requirements, and development standards are predominantly more intensive or are limited to a greater extent than other Districts. For example, an R-1 District is more restrictive than R-3 District.

Motel (Motor Court, Motor Hotel, Motor Lodge): Building or buildings in which lodging and/or boarding are offered to the public for compensation, and which has separate entrance to the exterior from each unit with at least one parking space for each unit.

Non-Conforming Use: The use of land or a building, or a portion thereof, which does not conform with the current land use regulations of the zoning District in which it is located.

Nuisance: The use of property or land, which creates unusual, unnecessary or undue problems or situations for persons in the vicinity that, would not have normally occurred otherwise.

Open Space: That area of a lot, tract or parcel not devoted to any building or structure.

Overlay District: supplemental regulations that that been tailored to a specific area of the City. The regulations are applied in conjunction with a general, or base, zone to address specific issues, such as development adjacent to the airport.

Parking Lot: A parcel of land devoted to unenclosed parking spaces.

Parking Space: A surfaced area, enclosed or unenclosed sufficient in size to store one (1) automobile, together with a surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

Permanent Accessory Building: A building or structure, which is permanently attached to a slab or foundation, the use of which is clearly incidental to the principal building and which is located on the same lot. An accessory building shall not be used for a business or dwelling.

Porch: A roofed patio entrance or exit area, open on one least one (1) side.

Propane or Liquefied Petroleum Gas Bulk Plants: A commercial establishment where propane or liquefied petroleum gas is stored awaiting transfer.

Propane or Liquefied Petroleum Gas Distribution Plant: A facility with the primary purpose of distribution of propane or liquefied petroleum gas, which receives gas in tank cars, truck transport or truck lots, and distributes such gas to end-users by delivery truck or through gas piping; such plants have bulk storage of two thousand (2,000) gallons water capacity or more, and usually have container-filling and truck-loading facilities on the premises.

Propane or Liquefied Petroleum Gas Distribution Point: A facility other than a distribution plant which normally receives gas by tank truck and which fills small containers or the engine fuel tank of motor vehicles on the premises.

Property Line: The official boundary of a parcel, lot or tract of land as designated by either a metes and bounds description or subdivision plat filed in the records and maps of the County Clerk.

Public Right-of-Way: Land area deeded, reserved or otherwise acquired by the City, the County or the State of New Mexico for public use.

Quasi-Institutional House: (Same as Halfway House.)

Recreational Vehicle (RV):

a.

Travel trailers, camping trailers, fifty-wheel trailers, and all other vehicles that are constructed to include a chassis, integral wheels and a towing hitch, and are primarily designed or constructed to provide temporary, readily moveable living quarters for recreation, camping or travel uses.

b.

Pickup campers, either mounted or non-mounted, or any structure designed to be mounted in the bed of a truck and providing living quarters for recreation, camping or travel uses.

c.

Chassis mount, motor home, mini-motor home or other recreational structure or vehicles constructed integrally with a truck or motor van chassis and incapable of being separated there from, and designed to be used for moveable living quarters for recreational, camping or travel uses.

d.

Recreational vans or converted and chopped vans or other vehicles, which are either initially constructed or converted to contain living quarters for recreational, camping, or travel uses.

Recreational Vehicle Park (Camper Park): A facility, at least one (1) acre in size, designated to accommodate overnight parking of recreational vehicles, campers, and travel trailers.

Residential Street: A street of relatively short length and width that provides direct access to a limited number of abutting residential properties, and is designed to discourage its use for through traffic, designated as local street in the City Street Plan.

Roof: An overhead structure used for protection of shielding from the sun, rain, or other elements of weather.

School, Commercial: A school, conservatory, or business operated for a profit, which is not approved by the State as a kindergarten, elementary or secondary school, and where the primary function is instruction or teaching.

School, Private: A school approved by the State with a curriculum the same as ordinarily given in a public kindergarten, elementary, junior high or high school.

Screening and Buffering: The use of walls, thick shrubbery or similar materials to minimize the potentially adverse impact of one land use on another.

Special Use: A specific land use of unusual character or potentially incompatible in an area and which requires City Commission approval for its use on one specific parcel of land, such use being subject to a particular set of conditions as approved in accordance with the provisions of this Code, and not permitted by right in a zoning District.

Spot Zoning: The singling out of a lot or small area for a District change, which is out of harmony with the comprehensive plan and surrounding land to secure special benefits for a particular property owner without regard for the rights of adjacent landowners.

Story: A single-level area between a floor and its ceiling, excluding all subterranean building area.

Street, Curb Level: A level measured from the top of an abutting curb.

Street Line: The outer most boundary or property line of a street surface or the top of an abutting curb.

Street, Public: A public thoroughfare, which affords the principal means of access to abutting property.

Street, Private: A private roadway, which affords the traffic circulation within a developed or parcel of land, and gives access to apartments, townhouses, condominiums, offices or businesses. Such streets are privately maintained, and usage is typically defined in an agreement between those parties having rights to the use of the street.

Structure: Anything constructed or erected between the ground and sky, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground.

Structure Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Temporary Accessory Building: A building or structure, which is not attached permanently to a foundation, the use of which is clearly incidental to the principal building and which is located on the same lot. An accessory building shall not be used for a business or dwelling.

Thoroughfare: A road giving public access to a property or parcel of land.

Total Height: The distance between the ground surface level of a building or structure and the highest point of the structure.

Tower: A vertical structure consisting of either a single pole or latticework frame, or other similar structure, which is normally used for commercial radio, television or microwave communications, or for purposes other than a building having some form of occupancy.

Townhouse: Any single-family dwelling unit, including the land underneath, designed to be sold (fee simple) as a unit, but forming one of a group or series of two (2) or more attached dwellings separated from one another by common property lines, but limited to a maximum of ten (10) attached units in one group.

Trailer (House Type): Any movable or portable housing structure, which does not conform to the definition of a recreational vehicle or to a minimum size requirements for a manufactured or mobile home. Trailers may be used by no more than one (1) family for sleeping purposes.

Usable Open Space: Open space within a lot, tract, parcel or development site excluding areas devoted to roadways and parking. At least one half (½) of all acres designated as usable open space must have a slope of less than ten (10) percent.

Use: The purpose, for which land or buildings are arranged, designated, maintained or occupied.

Warehouse: A building used primarily for storage of products or wares, in conjunction with retail stores, not including accessory uses, such as storerooms or stockrooms. Mini storage or self-storage of household goods and similar uses shall not be constructed or used as a warehouse use.

Yard: The space on a lot unobstructed by buildings from the ground to the sky, including sidewalks, driveways, patios, and other ground level surfaces.

Yard, Front: The required yard between the front property line and a building or structure. Lots having two or more streets frontages shall have the primary frontage defined by which street the property is addressed on. The rear yard of the property shall be defined as the side opposite the front property line. Remaining frontages shall be considered as secondary front yards. Remaining yards that do not front on streets shall be considered side yards.

Yard, Rear: The required yard between a rear property line and a building or structure.

Yard, Side: The required yard between a side property line and a building or structure.

Zero-Lot Line: The construction of a building upon one side property line, leaving a zero setback or distance from the property line to the structure or building.

(Ord. No. 573, 8-28-07; Ord. No. 574, 8-28-07)