Where no definition exists for a term, the community development director shall have the authority to define the term. Once defined, the community development director shall maintain a list of such terms until the unified development code is amended to include such definitions.

A

"Abstract of title" means a document showing the condensed history of the title of property and containing portions of all conveyances or other pertinent instruments relating to the estate or interest in the property, and all liens, charges, encumbrances, and releases.

"Abutting" means to physically touch or border upon, or to share a common property line but not overlap.

"Accessory structure" means a structure detached from and subordinate to the main structure and located on the same lot or parcel of land with the main structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or use of the land.

"Accessory use" means a use that is incidental and subordinate to the primary use of the land.

"Acre-foot" means the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred sixty (43,560) cubic feet. (NMSA 1978, Section 72-5-19)

"Addition" means an extension or increase in floor area or height of a building or structure.

"Adult use" means any adult bookstore, adult hotel or motel, adult motion picture arcade or theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by and emphasis on matter depicting, describing, or relating to anatomical areas.

"Agent" means any person authorized by written statement to act on behalf of the property owner or applicant.

"Alter (alteration)" means any change, addition, or modification in construction or occupancy.

Alteration, Cosmetic. See "Repair."

"Animal" means any vertebrate member of the animal kingdom, excluding man.

"Apartment" means two or more rooms with private bath and kitchen facilities comprising an independent dwelling unit in a building containing more than two dwellings for rent.

"Attached single-family dwelling" means any dwelling in a structure containing at least two, but not more than four, attached single-family dwellings all of which are on separate ground-level parcels.

"Awning" means a roof-like cover that is attached to, and projects from, the wall of a building for the purpose of shielding from the elements.

B

"Balcony" means a platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet.

"Bay window" means a window or group of windows that project outward from a room.

Billboard. See "Off-site sign."

"Block" means property bounded on one side by a street and on the other sides by a street, railroad right-of-way, waterway, unsubdivided areas or other definite barriers.

"Building" means any structure having a roof supported by columns or walls.

C

"Centerline" means the line halfway between the street right-of-way lines.

"City clerk" means an appointed officer of the city as so designated by the governing body.

"Clear sight triangle" means an area of unobstructed vision at street intersection between three and eight feet above the ground, and within a triangular area at the street corner, which is bounded by the street property lines of the corner and a line connecting the points twenty-five (25) feet distant from the intersection of the property lines of such lot.

"Commercial use" means an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee that requires a business license or registration by the city.

"Commission" means the planning commission of the city of Tucumcari.

"Conditional use permit" means a use or occupancy of a structure or a use of land, included in each zoning district, requiring approval on an individual basis by the planning commission, and are subject to the limitations and conditions specified therein.

"Construct (construction)" means to build, reconstruct, install, extend, better, alter, rebuild, repair, or improve a new or existing building or structure.

"Contiguous" means adjacent to or separated only by an alley, street, or other public right-of-way.

"Convenience commercial" means a small-scale commercial use providing goods and/or services generally necessary or desirable for everyday living that requires a business license or registration by the city.

"Conveyance" means a written instrument by which a title, estate, or interest in property is transferred.

"County" means county of Quay.

"Court (courtyard)" means a space, open and unobstructed to the sky, located at or above ground level on a lot, bounded on three or more sides by walls of a building.

"Cul-de-sac" means a short street intersecting another street and permanently terminating in a vehicular turnaround.

"Cultural resources" means those resources that possess qualities or significance in national, state, or local history, architecture, archaeology, and culture that are present in districts, sites, structures, and objects that possess integrity of location, design, setting, materials, workmanship, and association.

D

"Days" means calendar days unless otherwise specifically stated.

"Decisionmaking body" is the person or persons authorized to act on certain entitlement applications submitted to the city. The decisionmaking body will be either the community development director, the planning commission, or the city commission (governing body) depending on the application type being acted on.

"Deed" means a duly attested written instrument, under seal, conveying real property or interest therein.

"Density" means the number of dwelling units per gross acre.

"Director" means the city of Tucumcari community development director or his or her designated representative.

"Disclosure statement" means statement required to be given to persons acquiring an interest in subdivided land in accordance with applicable state law.

"Domestic well" means a well for household use, or lawn and garden, not to exceed a total of one acre and or stock use permitted under NMSA Section 72-12-1.

"Drive-through" means a window, door, or mechanical device where customers may order goods or services from a motor vehicle.

"Dwelling" means any building used as a residence for one family, but not including hotels, motels, recreational vehicles, boarding or lodging houses, or trailers (with or without wheels).

"Dwelling unit" means one dwelling.

E

"Easement" means a grant by the property owner to the public, a corporation, or person(s), of the use of a portion of land for specific purposes.

Eave. See "Roof Overhang."

"Erosion control structure" means any man-made device constructed for the purpose of preventing or controlling erosion.

"Excavation" means the movement or removal of earth for any purpose that requires a building permit.

"Existing building" means any building legally erected prior to adoption of the ordinance codified in this title, or one for which a legal building permit has been issued.

"Existing use" means any use that has been legally initiated and is in operation prior to adoption of the ordinance codified in this title, or one that has been legally approved and has not expired.

F

"Family" means an individual or two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, excluding servants, living together in a dwelling unit.

"Fence" means any solid or open barrier above ground intended to enclose or mark a boundary.

"Floodway" means any area that will be flooded by high water from a twenty-five (25) year frequency storm.

"Flood fringe" means any area that will be flooded by high water from a fifty (50) year frequency storm.

"Floodplain" means any area that will be flooded by high water from a one hundred (100) year frequency storm.

"Floor area" means the area of all stories of a building beneath a roof, excluding exterior eaves.

"Freeway oriented business" means a commercial establishment that caters primarily to travelers on United States Interstate 40.

"Future street line" means a line, established by the governing body, running more or less parallel to the centerline of an existing or proposed street for the purpose of delineating the future boundaries of public right-of-way.

G

"Garage" means an enclosed building, or portion of a building, used or intended to be used for the parking and storage of vehicles.

"Geohydrologic report" means a report on subsurface water availability.

"Governing body" means:

1.

City Commission. The city commission of Tucumcari, New Mexico.

2.

County Commission. The board of county commissioners of Quay County, New Mexico.

"Grade" means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk, within five feet of a building or structure.

"Grooming parlor" means any establishment maintained for the purposes of performing cosmetological services for animals.

"Group home" means a boarding home for the sheltered care of persons with special needs that in addition to providing food or shelter, may also provide some combination of personal care, social or counseling services, and transportation. The number of sheltered care residents in a group home is limited to a maximum of six.

"Guest house" means an attached or detached building that provides living quarters for guests and contains no kitchen or cooking facilities, is clearly subordinate and incidental to the principal residence on the same lot, and is not rented or leased.

H

"Height" means the vertical distance above a reference datum measured to the highest point of a structure. Height shall be measured from the lowest grade adjacent to the structure. Chimneys, vents, utility service structures and similar objects shall not be included in the measurement of vertical dimensions.

"Home business (home occupation)" means a business operated and maintained within a dwelling.

"Household" means any social or family unit comprised of those living in the same dwelling or on the same premises.

"Hydrologic report" means a report on surface water availability and surface flows.

I

"Individual liquid waste disposal system (ILWDS)" means a system for discarding domestic liquid waste. Examples of an ILWDS include, but are not limited to: septic tank systems; aerobic disposal systems; and evapo-transpiration systems.

"Infrastructure" means the basic facilities and services needed to sustain development.

"Inoperable motor vehicle" means any motor vehicle that by reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power.

J

K

"Kennel" means any establishment where animals are boarded, kept, or maintained, except guard dog sites, state inspected veterinary hospitals, pet shops, grooming parlors, refuges and shelters.

L

"Lease" means to rent or charter land.

"Legal nonconforming" means any building, structure, or portion thereof, or use of building or land that does not conform to the regulations contained in the unified development code that lawfully existed on the effective date of the regulations to which it does not conform.

"Liquid waste" means domestic waste water containing human excreta or other water-carried waste.

"Lot" means a tract or parcel of land platted and placed on the county clerk's record in accordance with laws and ordinances, generally as a portion of a subdivision intended for development purposes.

"Lot area" means the net lot area of a parcel of land.

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

"Lot coverage" means the portion of land that is occupied by buildings and structures, including accessory buildings and structures, expressed as a percentage of the total lot area. Lot coverage does not include driveways, sidewalks, nonstructured parking, and similar pavement.

"Lot depth" means the minimum linear measurement along a line that is perpendicular to the front lot line.

"Lot line" means one property line that defines a parcel.

Lot Line, Front. "Front lot line" means the lot line at the narrowest street frontage of a parcel.

Lot Line, Rear. "Rear lot line" means the lot line opposite and most distant from the front lot line; or in the case of a highly irregular lot, a straight line not less that ten (10) feet long within the lot, parallel to the front lot line, and at the maximum distance from the front lot line shall be the rear lot line.

Lot Line, Side. "Side lot line" means any lot line that is not a front or rear lot line.

Lot, Thorough. See "Parcel, Double Frontage."

"Lot width" means the distance between two side lot lines measured at the front set back line.

M

"Manufactured home" means as defined by New Mexico Statutes Annotated Section 3-21A-2, is a single-family dwelling with a heated area of at least thirty-six (36) feet by twenty-four (24) feet and at least eight hundred sixty-four (864) square feet in area constructed in a factory to the standards of the United States Department of Housing and Urban Development (HUD), the National Manufactured Housing Construction and Safety Act of 1974, and the Housing and Urban Development Zone Code II or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act, New Mexico Annotated Chapter 60, Article 14.

"Master plan" means a comprehensive plan or any of its parts, adopted by the governing body, for the physical development of the area within the planning and platting jurisdiction of the city for the general purpose of guiding and accomplishing coordinated and harmonious development.

"Mobilehome" as defined by New Mexico Statutes Annotated Section 3-21-A-3, is a moveable or portable housing structure larger than forty (40) feet in body length, eight feet in width, or eleven (11) feet in height, designed for and occupied by no more than one family for living and sleeping purposes, but does not include structures built to the standards of any municipal building code and other technical codes.

"Mobilehome park" means a development designed to accommodate mobilehomes on established mobilehome stands. The mobilehome stands are rented or leased, and may also include rental of a mobilehome. Mobilehome parks include certain common facilities that are maintained by the mobilehome park owner.

"Mobilehome subdivision" means a subdivision designed to accommodate mobilehomes on established mobilehome stands on individual lots. Mobilehome subdivisions include certain common facilities that are maintained by the lot owners.

"Monument" means one or more of the following:

1.

Bench Mark. A brass cap, set in a base which meets city standard, with the elevation (mean sea level datum, 1929) and the land surveyor's registration number inscribed thereon.

2.

Permanent Survey Monument. A brass cap set in a base which meets city standards, or a standard Bureau of Land Management monument marking sectionalized corners, containing coordinates referenced to the New Mexico Coordinate System and the land surveyor's registration number prescribed thereon.

3.

Subdivision Control Monument. A monument, as defined by the New Mexico minimum standards for surveying, that marks all perimeter corners of a subdivision, including angle points, points of curvature and points of tangency.

"Motor vehicle" means any land vehicle that is self-propelled or intended to be self-propelled.

"Multifamily dwelling" means two or more attached single-family dwellings.

"Multigenerational" means any number of persons related by blood, common ancestry, marriage, guardianship, or adoption. (Section 3-21-1 G. NMSA 1978)

N

"New Mexico Department of Transportation (NMDOT)" means the duly authorized state agency that has jurisdiction over the construction and maintenance of all state and federal highways in New Mexico.

"Nonconforming" means any existing building, structure, or portion thereof, or use of building or land that does not conform to the regulations contained in the unified development code at the time of the adoption or amendment of such code.

"Nuisance" means an activity or use that is annoying, unpleasant, or noxious, including but not limited to those uses and activities addressed in the uniform development code, that creates an interference with the enjoyment and use of property.

O

"Occupancy" means the use of land, buildings, or structures.

"Open space" means an area reserved for public use, not to include dedication of public streets and right-of-way.

"Outdoor lighting fixture" means an artificial illuminating device, whether permanent or temporary, used for outdoor illumination or advertisement, including searchlights, spotlights, and floodlights, whether for architectural lighting, parking lot lighting, billboards, or street lighting.

P

"Parapet" means the extension of the main wall above the roof line.

"Parcel" means any tract of land not dedicated for public or common use.

Parcel, Double Frontage (Through Parcel/Lot). "Double frontage parcel (through parcel/lot)" means a parcel that fronts on two streets located on generally opposite sides of the parcel from one another.

Parcel, Single Tier. "Single tier parcel" means a parcel that has a rear yard abutting a limited access street, a physical barrier, or a nonresidential use or zoning designation, and to which vehicular access through the rear of the lot is usually prohibited.

"Pedestrian way" means a right-of-way dedicated to public use that cuts across a block to facilitate pedestrian access to adjacent streets and properties.

"Person" means any individual, estate, trust, receiver, association, club, corporation, company, firm, partnership, joint venture, syndicate, utility or other entity.

"Planning commission" means the planning commission of the city of Tucumcari.

"Plat" means a map, chart, survey, plan or replat certification by a registered land surveyor which contains a description of subdivided land with ties to monuments or other points of reference acceptable to the planning commission, the plat to be placed on record.

1.

Preliminary Plat. A map of a proposed subdivision prepared by a New Mexico registered land surveyor showing the proposed layout of the subdivision, rights-of-way, easements, and a legal description as regulated by the subdivision regulations of the city of Tucumcari. Preliminary plats shall be heard by the Tucumcari planning commission for recommendation, and by the governing body for final decision.

2.

Final Plat. A map, survey or plat, or replat certified by a New Mexico registered land surveyor which contains a description of the subdivided land with ties to permanent monuments prepared in a form suitable for recording at the Quay County clerk's office. Final plats shall be heard by the planning commission for a recommendation, and by the governing body for final decision.

"Professional office" means the office of a member of recognized profession maintained for the conduct of that profession and provided that no merchandise or merchandising services are sold on the premises, except as are incidental or accessory to the principal use. A profession is a vocation, occupation, or employment requiring training or advanced study in a specialized field; any occupation requiring licensing by the state and maintenance of professional standards applicable to the field.

"Property" means any parcel of land within the city of Tucumcari that is not a street or highway.

"Public drainage system" means the path that storm runoff or other flow will follow from the furthest upstream parcels of land to city limits.

"Public floor area" means that area of a commercial service or business use, maintained for use and enjoyment by the public, and/or patrons of the establishment, excluding any kitchens, bar-backs, or storage areas.

"Public use" means government owned facilities that the general public has access to, such as parks, schools, administrative buildings, recreational, cultural, and service buildings, but not including public land or buildings devoted solely to storage and maintenance of equipment and material, or the disposal of refuse.

"Purchaser" means any person or his or her successor in interest who purchases or leases land within a subdivision from a subdivider.

Q

"Quasi-public use" means institutional, academic, and community services owned or operated by a nonprofit, religious, or charitable institution including private hospitals and cemeteries, that provide educational, cultural, recreational, religious, or other similar types of services.

R

"Recreational vehicle (RV)" means a vehicle, with or without wheels, that is less than eight feet wide and less than forty (40) feet long, with or without motive power that is designed and built by the manufacturer as a temporary human habitation to be used upon the highway. These vehicles are subject to the New Mexico State Motor Vehicle Licensing Laws.

"Religious facility" means a building used for worship by a congregation, excluding buildings used exclusively for residential, educational, recreational, or other uses not normally associated with worship. Includes, but is not limited to: churches; chapels; mosques; temples; cathedrals; and similar designations.

"Repair" means the reconstruction or renewal of any part of an existing structure for the purpose of its maintenance. Such work does not: include structural alteration; require excavation; change the general appearance of the structure; increase or decrease the floor area; increase or decrease the height; or alter the occupancy of the structure.

"Replat" means to prepare and record a new plat replacing all or a portion of a previously recorded plat that has been vacated.

"Roof overhang" means that portion of a roof that extends beyond the exterior wall.

S

"Screening" means a method of visually shielding or obscuring any abutting or nearby structure, use, or mechanical device from another by fencing, walls, berms, or densely planted vegetation.

"Setback" means the shortest distance between a structure and the property line.

"Setback line" means a line that parallels the property line and is no closer to the property line than the setback.

"Shielded lighting fixture" means a lighting fixture that light is projected downward and not horizontally at the lowest point of the fixture.

"Sign" means any structure, object, display, verbiage, illustration, emblem, and/or logo used to direct or attract attention to an object, person, institution, organization, business, service, or even. A sign may include, but not be limited to, words, numbers, symbols, posters, pictures, and any other objects or characters similar in nature used to attract attention.

Sign, Building Mounted. "Building mounted sign" means any sign that is permanently attached to a building face or a structure that is attached to a building face. Building mounted signs may include, but are not limited to, channel letters, box signs, signs painted on walls, signs on canopies, marquees, and projecting signs.

Sign, Freestanding. "Freestanding sign" means any sign that is not attached to a building or nonsignage structure on a lot. Freestanding signs may be monument style or pole mounted.

Sign, Freeway. "Freeway sign" means a freestanding sign that is permitted for businesses that are within five hundred (500) feet of and primarily rely on or utilize United States Interstate 40 for business purposes.

Sign, Off-Site (Billboard). "Off-site sign (billboard)" means any sign that advertises goods, services, events, persons, places, or things not available on the property on which it is located.

Sign, Roof. "Roof sign" means any sign that is installed or constructed on or extends above the roof line of a building or the parapet.

Sign, Temporary. "Temporary sign" means any sign that is not displayed for more than seventy-five (75) days. Temporary signs may include, but is not limited to, banners, pennants, and portable signs.

"Single-family dwelling" means a dwelling designed for use by one family.

"Sketch plat" means a preliminary sketch drawing of a subdivision plat conforming with the requirements stated herein, and used in the preapplication procedure prior to submission of the preliminary plat.

"Soil survey" means a national cooperative soil survey conducted by the United States Department of Agricultural in cooperation with the State Agricultural Experiment Station and other federal and state agencies, or any other survey containing information of comparable quality and detail approved by the local soil and water conservation district.

"Solid waste" means any solid or semi-solid discarded material, not including waterborne waste in a sewage system.

"State engineer" means the duly authorized office of the state engineer of New Mexico that has jurisdiction over surface and groundwater rights.

"State Environment Department" means the duly authorized agency of the state of New Mexico with jurisdiction over water quality, water delivery systems, liquid waste disposal systems, and solid waste.

"Street" means property acquired or dedicated to and accepted by the city as right-of-way, other than an alley, for the principal means of public access to abutting property. The term includes the following:

1.

Arterial Street. A street designed and used primarily for serving large volumes of traffic.

2.

Minor Arterial Street. A street which carries traffic from local streets to the arterial streets and highways.

3.

Local Street. A street which is primarily for access to abutting properties and carries low volume traffic.

4.

Marginal Access Street. A local street that is parallel and adjacent to an arterial street, and provides access to abutting properties and protection from through traffic. May also be known as a "frontage road."

5.

Alley. A public thoroughfare which affords only secondary or service access to the rear of an abutting property.

"Structural alteration" means any change to supporting members of a building or structure, such as bearing walls, columns, beams, gliders, or foundation.

"Structure" means anything constructed or erected that requires a permanent location on the ground, or something that is attached to something having a permanent location on the ground.

"Subdivide" means the division of land into two or more parts by platting, or by metes and bounds.

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

"Subdivision" means the division of any lot or tract of land into three or more parcels for the purpose of sale or lease. Subdivision does not include the following:

1.

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

2.

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

3.

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

4.

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

5.

The leasing of land for grazing or farming activities; and

6.

The division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not increased.

7.

The division of land pursuant to the New Mexico Condominium Act (Section 47-7A-1 et seq. NMSA 1978).

T

"Terrain management plan" means the subdivider's proposal for the control of floods, drainage, and erosion, and measures required for adapting proposed development to the existing soil characteristics and topography.

"Time of purchase or lease" means the time of signing any document obligating the person signing the document to purchase land or lease land as a lessee.

"Title" means the evidence of a person's right to property or the right itself.

"Topography" means the physical land surface relief describing the terrain elevation and slope.

"Tourist Kitsch" is an architecture style that is usually defined by: large or exaggerated proportions; bright, bold colors; and often iconic design. Two examples of Tourist Kitsch architecture in Tucumcari are the La Cita Restaurant and Teepee Curios, both on Route 66.

"Trailer" means a vehicle without motor power designed to be drawn by a motor vehicle for carrying persons or property, or a temporary or permanent human habitation, including, trailer coach, trailer home, mobilehome, cargo trailer, semi-trailer, and house trailer, whether with or without wheels and whether attached to or incorporated into a structure; and that part of any self-propelled vehicle which is designed to be used as a temporary or permanent human habitation, where it is attached or incorporated into a self-propelled vehicle, or removed therefrom, where it is attached to or incorporated in a structure.

U

"Use" means the conduct of any activity, or the performance of a function or operation, on a site, or in a building or facility.

V

"Vacation of plat" means to formally remove a plat from record, as recorded in the office of the county clerk.

"Vehicle" means a machine propelled by power other than human power, designed to travel along the ground, and transport people or property, or pull machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, buggies, or wagons.

Vesting, Vested. "Vested vesting" means a project that has valid construction permits, if required and excluding grading permits, and twenty-five (25) percent of the cost of construction has been invested in construction of the project, excluding the cost of land and any permits.

W

"Water course" means any river, creek, spring, stream, arroyo, draw, wash, or any other like body having definitive banks and evidencing at least the occasional flow of water.

X

Y

"Yard" means that portion of a lot between an adjacent property line and a required setback.

Yard, Front. "Front yard" means the yard located between the front property line and the required front yard setback.

Yard, Side. "Side yard" means the yard located between the adjacent side property line and the required side yard setback. A lot may have two or more side yards depending on the lot configuration.

Yard, Side, Corner. "Corner side yard" means a side yard that is located adjacent to a public right-of-way.

Yard, Rear. "Rear yard" means a yard located between the rear property line and the required rear yard setback.

Z

"Zoning" means the division of an area into districts and the public regulation of character and intensity of use of the land and improvements thereon.

"Zoning district" means the designated zoning of a parcel of land in accordance with the unified development code.