For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows: Words used in the
present tense include the future tense. The singular includes the
plural.
A.
"Person" includes a firm, association, organization, partnership,
trust company, or corporation as well as an individual.
C.
"Used" or "occupied" include the words "intended, designed or arranged
to be used or occupied."
D.
"Lot" includes the word "plot" or "parcel."
E.
The term
"shall" is mandatory; and the term "may" is permissive.
F.
"City" shall mean the City of Las Vegas.
G.
"Council" shall mean the City Council of the City of Las Vegas.
H.
"Commission" shall mean the Planning and Zoning Commission of the
City of Las Vegas.
A.
ABUTTING
ACCESS
ACCESSORY USE OR STRUCTURE
ACRE
ALLEY
ALTERATION
APARTMENT HOUSE
APPEAL
AUTOMOBILE OFF-SITE SALES
BASEMENT
BLOCK
BOARD OF ADJUSTMENT
BUFFER
BUILDING
BUILDING, HEIGHT OF
BUILDING, MAIN
CARPORT
CELLAR
CHILD-CARE CENTER
CLINIC
COMMUNITY ADULT RESIDENCES (STATE-LICENSED or STATE-OPERATED)
COMMUNITY DEVELOPMENT DEPARTMENT
CRAFT DISTILLERY
DEVELOPMENT REVIEW TEAM (DRT)
DOMESTIC WINERY
DUPLEX
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
FAMILY
FAMILY CHILD-CARE HOME
FINISHED GROUND LEVEL
FRATERNAL ORGANIZATION CLUB
GARAGE, PRIVATE
GRADE
GROSS DENSITY
HARD SURFACE
HEIGHT
HOME OCCUPATION
HOTEL
LOT
(1)
(2)
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, REVERSED CORNER
LOT, THROUGH
LOT WIDTH
MANUFACTURED HOUSING
MOTEL
NONCONFORMING BUILDING
NONCONFORMING USE
PARKING SPACE, AUTOMOBILE
PLAN DEVELOPMENT REVIEW FEE
PREFABRICATED STRUCTURE
REST HOME; NURSING HOME
SETBACK
SIGN
SMALL BREWERY
STORY
STREET
STRUCTURE
TRAILER COURT, TRAILER PARK, and MOBILE HOME PARK
TRAILER; MOBILE HOME
USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall have the meanings
indicated:
Touching along a common border.
A means of vehicular approach or entry to or exit from property.
A use or structure incidental to the principal use of a building
or land.
Forty-three thousand five hundred sixty square feet.
A public or private way, at the rear or side of property,
permanently reserved as a means of secondary access to abutting property.
Any change in the supporting members of a building, such
as bearing walls, beams, girders, joists, foundations, pilings, or
retaining walls.
A building or portion thereof designed pursuant to the terms
of this chapter.
A means for obtaining review of a decision pursuant to the
terms of this chapter.
Vehicle sales at a location away from the dealer's licensed
established place of business as per State of New Mexico Motor Vehicle
Division records.
[Added 2-18-2004 by Ord. No. 04-05]
A story in any building having less than 1/2 its average
height above grade.
A contiguous set of lots bounded and enclosed by streets.
A Board established to hear and decide appeals, variances,
special and/or conditional use permits.
[Amended 3-19-2003 by Ord. No. 03-03]
An area of land with landscaping placed thereon to eliminate
or minimize conflicts between land uses abutting the landscaping area.
Any structure built and maintained for the support, shelter
or enclosure of persons, animals, chattels or property of any kind.
The vertical distance from the grade to the highest point
of a flat roof, the jack line of a mansard roof, or the average height
between eaves and ridge for gable, hip, and gambrel roofs.
The building occupied by the primary use.
A permanently roofed accessory structure open on three sides
and attached to the side of a dwelling, and established for the convenient
loading and unloading of passengers from an automobile.
A story having 1/2 or more of its average height below grade.
A facility that provides care, services, and supervision
for less than 24 hours a day to any number of children. A child-care
center is a nonresidential setting and meets the applicable state
and local building and safety codes.
[Added 3-19-2003 by Ord. No. 03-03]
A place for group medical services not involving overnight
housing of patients.
Residences for the mentally ill or developmentally disabled
serving 10 or fewer persons is considered a residential use of property
for purposes of zoning and may be a permitted use in all districts
in which residential uses are permitted generally, including particularly
residential zones for single-family dwellings, includes all other
disabilities cited in the Fair Housing Act. NMSA 1978, § 3-21-1C.
[Added 3-19-2003 by Ord. No. 03-03]
A City of Las Vegas Department as designated under Article III Section 7 of the City's Charter, which includes the divisions but not limited to Planning and Zoning, Code Enforcement, Licensing, Building Permits and Economic Development.
[Added 3-19-2003 by Ord. No. 03-03]
A business where spirituous liquors are manufactured or produced
on premises and is duly licensed through the State of New Mexico and
are subject to the provisions of the Craft Distillery Act, NMSA 1978,
§ 60-6A-21 to 60-6A-28.
[Added 10-19-2011 by Ord. No. 11-17]
An interagency established pursuant to the City of Las Vegas
Master Plan to review development projects within the City of Las
Vegas and extraterritorial zoning, platting and planning jurisdiction.
[Added 3-19-2003 by Ord. No. 03-03]
A business where wines are manufactured or produced on premises
and is duly licensed through the State of New Mexico, and are subject
to the provisions of the Domestic Winery Act, NMSA 1978, § 60-6A-21
to 60-6A-28.
[Added 10-19-2011 by Ord. No. 11-17]
Building designed and/or used exclusively for the occupancy
of two families living independently of each other.
A building used entirely for residential purposes.
One or more, one- , two- , three- or four-story multifamily
structures containing three or more dwelling units.
[Amended 3-19-2003 by Ord. No. 03-03]
A detached structure, including prefabricated structures,
designed for and used by one family only for living purposes, but
excluding trailers.
An individual or two or more persons related by blood, marriage,
or adoption or a group of not more than five persons, excluding servants,
who are not related by blood, marriage, or adoption, living together
as a single housekeeping unit in a dwelling.
A private dwelling that provides care, services and supervision
for a period of less than 24 hours of any day for at least five but
not more than 12 nonresidential children. The licensee will be the
primary caregiver in the home. The home shall be required to be licensed
under the Child Care Licensing and Certification Bureau of the Prevention
and Intervention Division of the New Mexico Children, Youth, and Families
Department and the City of Las Vegas.
[Added 3-19-2003 by Ord. No. 03-03]
The height of the midpoint of the line formed by the intersection
of a wall and the ground when all finish grading is completed.
A group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings,
rituals and formal written membership requirements.
[Added 3-19-2003 by Ord. No. 03-03]
An accessory building housing one or more vehicles owned
and used by occupants of the main building.
The lowest point of elevation of the finished surface of
the ground, paving or sidewalk within the area between the building
and the property.
[Added 5-19-2004 by Ord. No. 04-09]
Includes all the area within the boundaries of the particular
area, excluding nothing.
[Added 3-19-2003 by Ord. No. 03-03]
Any compacted or rolled, smooth surface allowing resistance
to penetration of moisture which may include but not be limited to
gravel, engineered fill, asphalt and concrete.
The vertical distance of a structure measured from the average
elevation of the finished grade surrounding the structure to the highest
point of the structure.
[Added 5-19-2004 by Ord. No. 04-09]
Any occupation or business activity that results in a product or service and that is conducted for gainful employment in a dwelling unit by a person residing in that dwelling unit. A home occupation is customarily incidental to the residential use of the dwelling unit. Cannabis consumption area or commercial cannabis activity, or any portion thereof, which requires a license pursuant to the New Mexico Cannabis Regulation Act ("CRA"), shall not be a home occupation. The words in this Chapter 450 related to cannabis shall have the meanings of the words as expressly defined in NMSA 1978, § 26- 2G2, unless expressly defined herein.
[Amended 12-8-2021 by Ord. No. 21-18; 10-11-2023 by Ord. No. 23-08]
A building designed for or occupied as the more or less temporary
abiding place of individuals who are lodged with or without meals
in which there are six or more guest rooms, but not including institutions
in which humans are housed or detained under legal restraints.
[Amended 2-26-1987 by Ord. No. 75-33]
A parcel of land abutting on one or more public streets with
a separate and distinct number or other designation shown on a plat
or record of survey recorded in the office of the County Clerk; or
A parcel of real property shown on the records of the County
Assessor as held under separate ownership from adjacent property prior
to the effective date of this chapter.
A lot situated at the intersection of two or more streets.
The horizontal distance between the front and rear lot lines
measured in the main direction of the side lot lines.
The front of a lot shall be construed to be that portion
of a lot nearest the street.
A corner lot, the side street line of which is substantially
a continuation of the front line of the lot upon which it rears.
A lot having frontage on two parallel or approximately parallel
streets.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building lines.
A manufactured or modular home that is a single-family dwelling
with a heated area of at least 36 feet by 24 feet and at least 864
square feet, constructed in a factory to the standards of the US Department
of Housing and Urban Development, the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401
et seq.) and UBC, as amended to the date of the unit's construction,
installed consistent with the Manufactured Housing Act (Chapter 60,
Article 14, NMSA 1978) and with the regulations made pursuant thereto
relating to ground level installation. This type of housing is allowed
in any residential zone in which site-built single-family housing
is permitted.
[Amended 1-21-1988 by Ord. No. 76-19]
A group of attached or detached buildings containing individual
sleeping or dwelling units with garage attached or parking space conveniently
located to each unit, all for temporary use by automobile tourists
or transients; includes auto courts, motor hotels, motor lodges, and
auto camps.
A building or portion thereof lawfully existing at the time
this chapter became effective and which was designed, erected or structurally
altered for a use which does not conform to the district in which
it is located, or which does not comply with all the height and area
regulations of the district in which it is located.
A use of a building or land existing at the time of adoption
of this chapter, which does not conform to the regulations for the
district in which it is located, as set forth in this chapter.
Space within a building or public or public parking area
for the temporary parking or storage of one automobile consisting
of a minimum area of nine feet wide by 20 feet long, exclusive of
street, alleys, driveways, aisles, and the area of egress and ingress,
and having access at all times to a public street or alley.
A charge to applicants/developers and other users of City
services to recover the reasonable cost of providing said services
to offset Design Review Team (DRT) administrative staff costs and
City expenses.
[Added 4-20-2011 by Ord. No. 11-10]
Any structure that is manufactured wholly or in part at a
location other than the lot where it is currently located, that at
no time had provision for being towed by any vehicle incorporated
as a permanent part of its structure. A prefabricated structure cannot
have been part of any vehicle designed to provide temporary or permanent
human habitation, and any prefabricated structure must meet the building
codes for the use to which it is put in any zone.
A building where lodging and meals, and nursing, dietary,
or other personal services are rendered to one or more convalescents,
invalids, or aged persons for compensation, but excluding cases of
contagious or communicable diseases, surgery, or primary treatment
customarily provided in sanatoriums or hospitals.
The minimum distance from the property line where a structure
may be built or set, as regulated by zoning statutes.
[Added 4-20-2011 by Ord. No. 11-10]
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
A business where beer is manufactured or produced on premises
and is duly licensed through the State of New Mexico, and subject
to the provisions of the Small Brewery Act NMSA 1978, § 60-6A-21
to 6-6A-28.
[Added 10-19-2011 by Ord. No. 11-17]
That portion of a building included between the surface of
a floor and the ceiling next above it.
Any public or private way which affords principal means of
access to abutting properties.
Anything constructed or built, any edifice or building of
any kind, or any piece of work artificially built or composed of parts
joined together in some definite matter, which required location in
the ground or is attached to something having a location on ground.
Any area or tract of land where space is rented or held for
rent to owners or users of auto trailers, trailer coaches, mobile
homes, or trailers for human habitation.
A vehicle without motive power designed to be towed by a
motor vehicle or to be used for the carrying of persons or property
or as a temporary or a permanent human habitation, including trailer
coach, trailer home, mobile home, cargo trailer, semitrailer, and
house trailer, box car, passenger car, caboose, whether with or without
wheels and whether attached to or incorporated in a structure and
that part of any self-propelled vehicle which is designed for the
purposes of human habitation whether temporary or permanent. A trailer
(mobile home) does not include any manufactured or modular home which
by definition is considered "manufactured housing" pursuant to Senate
Bill 354, 1987 legislative session removed therefrom, whether attached
to or incorporated in a structure.
[Amended by 2-26-1987 by Ord. No. 75-33; 1-21-1988 by Ord. No. 76-19]
The purpose for which land or buildings are arranged, designed
or intended or for which either is or may be occupied or maintained.
A required open space unoccupied and unobstructed by any
structure from 30 inches above the general ground level of the graded
lot upward, provided however that fences and walls may be permitted
in any yard subject to the height limitation indicated herein.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
A yard contiguous to the rear line of a lot, but not contiguous
to a side yard.
A yard between the main building and the side lot line, extending
from the front yard to the rear yard, or a yard contiguous to the
rear line of a lot and a side yard.
B.
All other words, terms, and phases used in this chapter shall have
the meanings generally ascribed to them or as defined or used in the
New Mexico State Statutes related to planning.
