As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING OR USE
A subordinate building or use, the use of which is incidental
to and customarily found in connection with the main building or use,
and located on the same lot with the main building or use. An accessory
use shall not exceed 1/4 of the use or area of the main business or
building.
ADULT ENTERTAINMENT FACILITY
Any use, such as an adult bookstore, adult movie theater,
or adult magazine racks, which has books, materials, movies, illustrations,
or other activities which depict sexual or erotic behavior.
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 primary access to a property.
APARTMENT
A dwelling unit used exclusively for lease or rent as 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.
BED-AND-BREAKFAST INN
An owner-occupied dwelling, other than a hotel, motel, tourist
facility or boardinghouse, in which lodging or boarding is offered
to the public for compensation and where food is available for those
who are resident. A bed-and-breakfast inn shall offer short-term tourist-oriented
lodging to the public, whereas a boardinghouse shall offer more permanent
lodging to a non-tourist clientele.
BILLBOARD
A freestanding pole sign at least 128 square feet in size
and eight 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, unsubdivided area, or other definite boundary.
BOARDINGHOUSE
A dwelling, other than a hotel, motel, tourist facility,
or bed-and-breakfast inn, where, for compensation and by prearrangement,
food and/or lodging are provided for five or more persons, 18 years
of age 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
The area of a lot that is or may be occupied by buildings
or structures pursuant to the requirement of this chapter.
BUILDING DEPTH
The depth of the lot remaining to be built upon after the
required front and rear yards are provided.
BUILDING, HEIGHT OF
The vertical distance from the grade to the 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 of a pitch or hip roof.
BUILDING WIDTH
The width of the lot remaining to be built upon after the
required side yards are provided.
CHILD-CARE CENTER
A commercial or publicly sponsored establishment for the
day or night care of more than six individuals under the age of 18,
not to include a halfway house.
CHURCH
Any religious, nonprofit organization with a membership of
more than 10 persons. Any secular commercial use associated with a
church that involves the sale of merchandise shall be subject to the
requirements of this chapter pertaining to that use and shall not
be considered as a church use for the purposes of this chapter.
CLEAR-SIGHT TRIANGLE
An area of unobstructed vision at street intersections, exits,
or entrances over three feet above the finished grade of the street
at the street corner which is bounded by:
A.
The front street and side street lines of a corner lot and a
line connecting points at a distance of 30 feet from the intersection
of the property line of such lot.
B.
The curbline of an intersection and a line connecting points
at a distance of 40 feet from the corner of the intersection.
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 chapter, "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 a 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 zones in Article
VIII of this chapter. A conditional use shall limit and/or restrict those uses which would otherwise be permitted by right within a zone.
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. The 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 16 hours per
day, seven days per week.
CUL-DE-SAC
A minor street with one outlet, the end of which provides
a circular turnaround.
DEDICATED EASEMENT
A public easement that is dedicated for public use and is
recorded as such in the office of the County Clerk. (See "easement.")
DETACHED
A unit, building, or structure that is apart or separate
from another.
DISTRICT
Any zone of the City of Socorro within which certain zoning
and land use requirements are specified and are uniform, and which
is designated on the Zoning Map.
DUPLEX
A building arranged, intended or designed to be occupied
by two families living independently of each other and having separate
cooking facilities in each dwelling unit.
DWELLING
A building or unit thereof designed and used exclusively
for residential occupancy.
DWELLING, MULTIPLE-FAMILY
A building or buildings designed for three or more families
occupying separate, attached or detached living units.
DWELLING, TWO-FAMILY
A building or buildings designed for two families occupying
separate, attached or detached living units.
EASEMENT
A nonpossessory interest held by one person, party, or entity
in land of another, whereby that person is accorded particular use
of such land for a specific use and enjoyment of his/her land. (See
"dedicated easement.")
FAMILY
Persons related by blood or marriage, or a group of not more
than five 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 secondhand articles and home crafts.
FLOOR AREA
The gross square feet of a floor area within a building or
portion thereof. For the purpose of this chapter, "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 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 motor-driven vehicles owned and used by the occupants
of the building to which it is accessory. Not more than one of the
vehicles may be a commercial motor vehicle of not more than two 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 or more motor-driven vehicles.
GRADE
The lowest point of elevation of the finished surface of
the ground, paving, or sidewalk within the area between the building
and property line or, when the property line is more than five feet
from the building, between the building and a line five feet from
the building.
GROUND SURFACE LEVEL
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, with a principal use or goal of 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.
HISTORIC DISTRICT
A geographically and culturally distinct area within the
City of Socorro which is documented as dating from a particular significant
period in history of the City and is associated with outstanding historical
personages, events and/or an architectural style.
HOME OCCUPATION
Any occupation or profession carried on by a member of a family residing on the premises and permitted in accordance with §
250-5.3 of this chapter. Signs used in conjunction with a home occupation shall conform to the requirements set forth in §
250-13.3A of this chapter.
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
The ground area of a lot, tract, or parcel that is not penetrable
by water, including, but not limited to, buildings, structures, pavement,
sidewalks, and certain land covers for landscaping.
JUNKYARD
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 eight or more dogs, and/or eight or
more cats, four 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, humane
societies, or animal shelters or pounds approved by a governmental
agency.
KENNEL, PRIVATE (RESIDENTIAL)
Any premises on which more than two dogs or two cats, or
any combination thereof in excess of two animals, but not more than
seven in number, four months of age or older are kept, and where the
business of buying, selling, breeding, training, or boarding of dogs
and/or cats is not carried on for primary business purposes.
LANDMARK SITE
A site which has been determined to be historically significant
and worthy of preservation.
LESS RESTRICTIVE DISTRICT OR ZONE
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, an R-3 District is less
restrictive than an R-1 District.
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 divided in accordance with present or past zoning
and subdivision requirements.
LOT, CORNER
A lot abutting upon two or more streets at their intersection.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
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 Socorro County
prior to the effective date of this chapter.
LOT SPLITS
The subdivision or division of a lot, tract or parcel of
land into separate lots, tracts or parcels.
LOT WIDTH
The width of a lot at the front property line.
LUMBERYARD
A business enterprise or storage facility the primary purpose
of which is the sale or storage of lumber in large quantities.
MAIN BUILDING
The primary building or buildings on a lot used for any use.
MANUFACTURED HOUSING
A manufactured home 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 United States Department of Housing and Urban Development (HUD),
the National Manufactured Housing Construction and Safety standards
of 1974 (42 U.S.C. § 5401 et seq.) and the Housing and Urban
Development Zone Code II, or the Uniform Building Code (UBC), as amended
to the date of the unit's construction, and installed consistent
with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article
14), with the regulations made pursuant thereto, relating to ground-level
installation and ground anchors.
MINI-STORAGE UNIT
Small storage units, each used for the sole purpose of domestic
storage for individuals and strictly prohibiting the use for a business
activity.
MOBILE HOME (MH)
A movable or portable housing structure larger than 40 feet
in body length, eight feet in width or 11 feet in overall 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 or other technical code.
MOBILE HOME LOT (MHL)
A privately owned parcel of land within a mobile home subdivision,
including required yards, parking areas, attached and/or detached
accessory buildings and open spaces, used or intended to be used for
setting up one mobile home. MHLs are the subdivided parcel of mobile
home subdivisions and can be sold, fee simple, to prospective owners.
MOBILE HOME PARK (MHP)
A privately owned tract of land at least two acres in size
and in which mobile home and trailer spaces may be rented or leased
for long-term residential use. It is also known as a "mobile home
court" or "trailer court."
MOBILE HOME SPACE (MHSP)
A parcel of land within a mobile home park rented or intended
to be rented to prospective renters by the owner. MHSPs include required
yards, parking yards, parking areas, attached and/or detached accessory
buildings, open spaces and utilities.
MOBILE HOME SUBDIVISION (MHS)
A tract of land at least five acres in size, subdivided into
mobile home lots designed for long-term residential use, with public
streets and utilities for mobile homes.
MORE RESTRICTIVE DISTRICT OR ZONE
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 a R-3 District.
MOTEL (MOTOR COURT, MOTOR HOTEL, MOTOR LODGE)
A 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.
NONCONFORMING USE
The use of land or a building, or a portion thereof, which
does not conform to 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.
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 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
main 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 at least one
side.
PROFESSIONAL OFFICE
The office of a physician, dentist, attorney, accountant,
or similarly trained persons that have a low traffic volume.
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 or any other
public entity.
RECREATIONAL VEHICLE (RV)
A.
Travel trailers, camping trailers, fifth-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 therefrom, 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.
REGISTERED BUILDING OR STRUCTURE
A building or structure which has been officially designated
as an historic site on the National Register of Historic Places or
the New Mexico Register of Cultural Properties.
RESIDENCE, DUPLEX
A building containing two dwellings units which share a common
wall.
RESIDENCE, SINGLE-FAMILY
A single detached building containing one dwelling unit located
on a lot with no other dwelling units.
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 a local street on the City Street Plan.
ROOF
An overhead structure used for protection or 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.
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 Council 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 chapter, and not permitted by right in a zoning district.
SPOT ZONING
The singling out of a lot or small area for a zoning 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 landowners.
STORY
A single-level area between a floor and its ceiling, excluding
all subterranean building area.
STREET CURB LEVEL
A level measured from street surface to the top of an abutting
curb.
STREET LINE
The outermost boundary or property line of a street surface
or the top of an abutting curb.
STREET, PRIVATE
A private roadway which affords the traffic circulation within
a development or parcel of land, and gives access to apartments, townhouses,
condominiums, offices or businesses.
STREET, PUBLIC
A public thoroughfare which affords the principal means of
access to abutting property.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, bearing
walls or partitions, columns, beams or girders, or any substantial
change in the roof or in the exterior walls.
STRUCTURE
Anything constructed or erected between the ground and the
sky, the use of which requires permanent location on the ground or
attachment to something having permanent location on the ground.
TEMPORARY ACCESSORY BUILDING
A building or structure which is not attached permanently
to a foundation, the use of which is clearly incidental to the main
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 whose principal function is to support
an antenna.
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 or more attached dwellings separated from one another
by common property lines, but limited to a maximum of 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 the minimum
size requirements for a mobile home.
TRANSIENT VENDOR
One who sells retail goods/services for profit on a transitory
basis not associated with an existing permanent business, excluding
fireworks vendors, carnivals, farmer's markets, and public festival
or fiesta vendors.
[Added 2-7-2005]
UNIT
When used in connection with residential zoning, a dwelling
designed for and occupied exclusively by one family.
USABLE OPEN SPACE
Open space within a lot, tract, parcel or development site,
excluding areas devoted to roadways and parking. At least 1/2 of all
areas designated as usable open space must have a slope of less than
10%.
USE
The purpose for which land or a building is arranged, designed,
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 construed 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.
YARD, REAR
The required yard between a rear property line and a building
or structure.
YARD, SIDE
The required yard between the side property line and a building
or structure.
ZERO-LOT LINE
Construction of a building where the edge of the building
is coincident with the neighbor's property.