As used in this Section 10-1, the following terms shall have the
meanings indicated:
ABANDONED WELL
A wellhead whose use has been permanently discontinued or
which is in such disrepair that its continued use for the purpose
of obtaining groundwater is impracticable or may constitute a health
hazard.
ACCESSORY LIVING QUARTERS
Temporary living quarters within an allowed accessory structure
only for the reason of a legitimate hardship or medical necessity.
This unit shall not be used as a rental unit and shall not exceed
500 square feet of floor space.
ACCESSORY USES AND STRUCTURES
Uses and structures that are customarily accessory and clearly
incidental and subordinate to principal uses and structures.
AGENT
Anyone authorized by a notarized letter signed by the property
owner to represent same.
AGRICULTURAL ANIMAL
Animals other than dogs, cats and indoor birds, such as horses,
cows, pigs, sheep, llamas, chickens, etc., such as would typically
be found in an agricultural environment.
AGRICULTURAL EQUIPMENT
Farm field and farmstead machinery used for the production
of crops and agricultural livestock.
ANIMAL SANCTUARY/SHELTER
A nonprofit facility for the short- or long-term care and
custody of animals, which may include lost pets, owner-released pets,
cruelty cases, rescued animals and/or permanent retirement candidates.
BAIL BOND
A written promise signed by a defendant or a surety (one
who promises to act in place of another) to pay an amount fixed by
a court should the defendant named in the document fail to appear
in court for the designated criminal proceeding at the date and time
specified.
BANKING AND FINANCIAL SERVICES
Any state or federally chartered bank, saving association,
credit union, or industrial loan company, retail seller engaged primarily
in the business of selling consumer goods that cashes checks or issues
money orders as an incidental service to its main purpose or business
and which is offered as a service to customers, but excludes any establishment
whose primary purpose is to provide cash advances, payday loans, payday
advances, and similar services.
BED-AND-BREAKFAST
An owner-managed and -occupied residential structure used
as a lodging establishment where a room or rooms are rented on a nightly
basis, and in which only breakfast is included as a part of the basic
compensation.
BODY ART
Tattooing, body piercing or scarification, but does not include
practices that are considered medical procedures by the New Mexico
Medical Board.
BODY ART/MODIFICATION ESTABLISHMENT
Any establishment that engages in the business of tattooing
and/or branding and body piercing of human beings, including scarification.
A permanent picture, design, or other marking made on the skin by
pricking it and staining it with an indelible dye. This excludes the
application of permanent makeup in a salon setting with appropriate
equipment and the piercing of ears with the use of a piercing gun.
CANNABIS ESTABLISHMENT
Any facility, building, space, or grounds licensed for the
production, possession, testing, manufacturing, or distribution, recreational
use of cannabis, concentrates or cannabis-derived products, unless
restricted by § 10-1-28 of the Village of Bosque Farms Ordinance.
CHECK CASHING/PAYDAY LOAN ESTABLISHMENT
Any establishment whose primary purpose is to provide cash
advances, payday loans, payday advances, and similar services. It
does not include a state or federally chartered bank, saving association,
credit union, or industrial loan company, retail seller engaged primarily
in the business of selling consumer goods that cashes checks or issues
money orders as an incidental service to its main purpose or business
and which is offered as a service to customers.
COLLECTOR STREET
A street that serves as a connection between a major or secondary
thoroughfare and several minor streets. The term includes the principal
entrance streets of a residential development and streets for major
circulation within such a development.
COMMISSION
The Village of Bosque Farms Planning and Zoning Commission.
COMMON AREA
An area inside a housing development that is owned by all
residents or by an overall management structure which charges each
tenant for maintenance and upkeep.
CONDITIONAL USE
One of those uses enumerated as conditional uses in a given
zone district. A permit for such use shall be granted upon approval
by the Commission. A conditional use permit shall be either permanent
or renewable, as established by this Section 10-1.
CONTAMINATION
The presence of any harmful substance which is likely to
unreasonably injure human health, animal or plant life, property,
or public welfare.
CONTIGUOUS
Abutting or touching and/or separated by nothing more than
a ditch, canal, or right-of-way.
DAY-CARE FACILITY or CHILDCARE CENTER
A facility required to be licensed under these regulations
that provided care, services, and supervision for less than 24 hours
a day to children. A childcare center is in nonresidential setting
(unless approved by the Planning and Zoning Commission) and meets
the applicable state and local building and safety codes, NMAC § 8.16.
DEVELOPMENT
Any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DWELLING UNIT
Any structure or part of a structure intended for human occupancy
and containing one or more connected rooms and a single kitchen designed
for and occupied by no more than one family for living and sleeping
purposes. A dwelling unit may include a mobile home, a modular housing
unit, manufactured house, site-built house or planned residential
development.
DWELLING UNIT, CARETAKER
The dwelling unit of a person who takes care of the property
of an owner in the owner's absence. A caretaker dwelling unit
shall allow for spouses and dependent children. The caretaker dwelling
unit shall be within one of the structures located on the lot, or
it may be a separate structure, mobile home/manufactured home, or
modular unit.
DWELLING UNIT, CONVENTIONAL
A single-family detached dwelling unit which is installed
on a permanent foundation, and which is either:
(1)
A site-built unit constructed in accordance with the standards
of the New Mexico Uniform Building Code; or
(2)
A multisection 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 and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article
14) and with the regulations made pursuant thereto relating to permanent foundations.
EASEMENT
Rights granted to public utilities for ingress and egress
to serve water, sewer, telephone/cable, gas and electric lines and
the right granted to a landowner for ingress and egress to property
by either purchase, deed, or adverse possession or any other legal
means.
FAMILY DAY-CARE HOME
An occupied dwelling unit in which a person provides, for
remuneration, care for at least five children but not more than six
children, provided that no more than two of those children be under
the age of two, on a regular basis for fewer than 24 hours per day.
The resident provider's children who are age six or more shall
not be counted for this definition.
FENCE
A structure, other than a building, which serves as a barrier
and is used as a boundary or means of protection or confinement. This
includes a masonry fence or wall and privacy fence.
FORTUNE TELLERS
Fortune tellers, psychics, clairvoyants, palmists, and similar
trades.
FRONTAGE
A distance measured along a roadway right-of-way line.
GALVANIZED STEEL
A metal panel coated with zinc or corrosion resistance material.
GARAGE OR YARD SALE
A sale of used household or personal articles held on the
seller's premises.
GRADE
The average elevation of the finished ground level at the
center of all walls of a building or all sides of a structure.
GROUNDWATER
Water found beneath the land surface in a saturated zone.
GUEST ROOM
A room or a group of rooms forming a single habitable unit
which is located within the walls of a dwelling unit and which is
used or intended to be used for sleeping and living, but not for cooking
or eating purposes, and which is rented individually as a unit.
HARDSHIP
To cause privation or suffering.
HAZARDOUS MATERIALS
Substances defined in Section 101(14) of the Federal Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) or
as regulated under Subtitle C of the Federal Resource Conservation
and Recovery Act (RCRA).
HAZARDOUS WASTE
Materials that are corrosive, flammable, reactive or toxic.
HEIGHT
When applied to a building, the vertical distance from the
finished lot grade to the highest point of the coping of a flat roof,
or the deck line of a mansard roof or the average height between the
plate and the ridge of a gable, hip, or gambrel roof, or to the highest
point of any other roof style not mentioned in this definition.
HOME OCCUPATION
An occupation or activity clearly incidental and secondary to use of the premises for a dwelling unit; requires home occupation approval from either the Planning and Zoning Administrator/Officer or Commission depending on the type of use requested as per §
10-1-13L.
KENNEL
(1)
COMMERCIAL KENNELAny building, buildings or land designed or arranged for boarding dogs, cats, and other household pets, and where grooming, breeding, boarding, training or selling animals is conducted in the Commercial Zone (C-1).
(2)
HOBBY KENNELAny building, buildings or land designed or arranged for housing dogs, cats, and other household pets belonging to the property resident in all residential zones (A-R, R-1, and R-1A).
KITCHEN
A room or other place equipped with any combination of the
following: a stove/oven, refrigerator, small cooking devices, a sink,
where food may be stored or prepared.
LOCAL STREET
A street of relatively short length that provides direct
access to a limited number of contiguous residential properties designed
to discourage use by through traffic.
LOCALIZED STORMWATER
Surface water deposited on a particular area of land by direct
precipitation and not by an overflow of surface waters from other
land areas.
LOT
An area of land, described by metes and bounds, recorded
and filed in the Valencia County Clerk's office in accordance
with appropriate laws and ordinances. Such lot shall have frontage
on a dedicated public right-of-way or on an approved private roadway
for ingress and egress.
METAL INTAKE/RECYCLING CENTER
Any business engaged in purchasing or otherwise acquiring
for sale or barter any material such as old iron, copper, brass, lead,
zinc, tin, aluminum or other metals, metallic cable, wire, rope, bottles,
rubber, batteries, e-scrap or other like material.
MOBILE HOME
Also known as "manufactured housing," a structure, transportable
in one or more sections, which, in the traveling mode, is eight body
feet or more in width or 40 body feet or more in length, or, when
erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be used for a dwelling with or
without a permanent foundation when connected to the required utilities
and includes plumbing, heating, air conditioning, and electrical systems
contained therein.
MOBILE HOME PARK
An area of land on which space is leased or rented for occupancy
for 30 days or more by mobile homes, and which contains permanent
facilities and services for the use of the mobile home occupants.
MODULAR STRUCTURE
Any structure built for use of occupancy by persons or property,
whether or not designed to be placed on a permanent foundation. Modular
structures include factory-built buildings and subassemblies for manufactured
residential and commercial units, modular homes and premanufactured
homes. Modular structures do not include nonassembled component parts
that are subject to all permit and inspection requirements, or to
manufactured housing structures that are subject to federal regulation
as per NMAC § 14-12-3.7.K.
MOTOR VEHICLE
A vehicle (such as, but not limited to, a car, truck, or
motorcycle) that is powered by a motor and was at any time designed
to carry passengers.
MULTI-SECTION MANUFACTURED HOME or MODULAR HOME
A single-family dwelling with a heated area of at least 36 feet by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States Department of Housing and Urban Development, the National Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act (NMSA 1978, Chapter 60, Article
14) and with the regulations made pursuant thereto relating to permanent foundations.
NONCONFORMING USES, LOTS, OR STRUCTURES
A structure or use of a structure or land which does not
conform to the regulations of this Section 10-1 and which lawfully
existed on the effective date of those regulations with which it does
not conform.
OVERLAY ZONE DISTRICT
An overlay zone district is created to identify a special
resource or development area and to adopt new provisions that apply
in that area in addition to the provisions of the underlying zone
district. The provisions of an overlay zone district can be more restrictive
or more expansive than those contained in the underlying zone district.
An overlay zone district can be coterminous with existing property
boundaries or contain only parts of one or more properties and may
extend over more than one zone district.
OVERLAY ZONE, WELLHEAD PROTECTION
An area designated by the Village of Bosque Farms to protect
the groundwater source of municipal water supply wells from contamination
originating from human activities.
OWNER-OCCUPIED
A dwelling occupied by a person or persons who shall own
at least 51% of said dwelling unit.
PAWNBROKER
An individual or business (pawnshop or pawn shop) that offers
secured loans to people, with items of personal property used as collateral.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
A development approach that creates open space in residential
development and encourages imaginative site building and design by
permitting greater flexibility in zoning requirements than is permitted
by other sections of this Section 10-1.
PREMISES
Any lot or combination of contiguous lots held in single
ownership, together with the development thereon.
RECREATIONAL VEHICLE
A structure which is designed or used as temporary living
quarters for recreation, camping, or travel, and which may be a self-propelled
motor vehicle or designed to be towed or mounted on a motor vehicle.
RIGHT-OF-WAY
A dedicated and accepted public land deeded to the Village
of Bosque Farms, reserved by plat, or otherwise acquired by the Village,
county, or state for the use of the public for the movement of people,
goods, and vehicles.
ROADWAY
That portion of public right-of-way or private way or thoroughfare
which is primarily devoted to vehicular use.
SALVAGE OR SCRAP FACILITY
A salvage yard, scrap yard, wrecking yard, junkyard, dismantler
or any entity in the business of outdoor storage or deposit for storing,
keeping, processing, buying or selling disused vehicles, disused machinery
or other disused goods or materials for resale.
SCHOOL
A facility conducting a supervised program of instruction
designed to educate a student in a particular place, manner and subject
area.
SCRAP TIRE
A tire that is no longer suitable for its originally intended
purpose because of wear, damage, defect or obsolescence.
SERVICE BAY
Any enclosed work area for the maintenance or repair of vehicles,
comprising an average floor area of 420 square feet per bay to accommodate
both service and access requirements.
SETBACK
The required distance between every building or structure
(fences, walls, and signs excepted) and a boundary line of the lot
upon which it is located. Setbacks shall consist of an open space,
unoccupied and unobstructed by any part of a building or structure,
except as otherwise provided in this Section 10-1.
SETBACK, FRONT
The minimum allowable distance between a structure and the
boundary line of the lot, upon which such structure is located, bordering
on a roadway.
SETBACK, REAR
The minimum allowable distance between a structure and the
boundary line of the lot, upon which such structure is located, which
is opposite and most distant from a roadway and does not intersect
with a roadway.
SETBACK, SIDE
The minimum allowable distance between a structure and the
boundary line of the lot, upon which such structure is located, which
intersects a roadway.
SIGN
A device designed to inform or attract the attention of persons not on the premises on which the device is located. All signs within the Village of Bosque Farms shall require a permit, unless otherwise specified, in accordance with this Section 10-1 (§
10-1-20).
SKID ROW
A high density of businesses that may have the potential
to create adverse effects on the surrounding area and community.
SMOKE SHOP
Any business devoting more than 15% of the total floor space
for display for sale of smoking or tobacco paraphernalia or whose
gross dollar volume of business is over 25% from sales of smoking
or tobacco paraphernalia.
SOLID FENCE
Block, ribbed metal panels, adobe, solid vinyl wood panel
or other fencing that has 0% open area.
STRUCTURE
Anything constructed, placed, or erected above ground level
which requires location on the ground or is attached to something
having a location on the ground, but not including a tent, vehicle,
vegetation, public utility pole or line, signs or fences. For the
purpose of this Section 10-1, a mobile home is a structure, with or
without wheels, when located on any lot.
SUBSTANTIAL IMPROVEMENT
(1)
Any repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50% of the market value of the structure
either:
(a)
Before the improvement or repair is started; or
(b)
If the structure has been damaged and is being restored, before
the damage occurred.
(2)
For the purpose of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(a)
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions; or
(b)
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
TIRE SHOP
Any entity conducting sales or services of tires, including,
but not limited to, changing, replacing, balancing, aligning or otherwise
servicing tires or the sales of new or used tires.
TRAILER
A nonmotorized vehicle designed to be pulled behind a motor
vehicle.
UNDERGROUND STORAGE TANK
A single tank or combination of tanks, including underground
pipes connected thereto, which are used to contain an accumulation
of fuels, hazardous materials, or other regulated substances, and
the volume of which, including the volume of the underground pipes
connected thereto, is 10% or more beneath the surface of the ground.
This definition does not include septic tanks.
VARIANCE
A relaxation of the terms of this Section 10-1 where such relaxation will not be contrary to the public interest (§
10-1-16).
VEHICLE
Any motor vehicle, recreational vehicle, trailer or agricultural
equipment.
VEHICLE REPAIR, LIGHT
Checking and topping off of fluids (not changing fluids),
replacement of bulbs and fuses, checking and adjusting of tire pressure
(not changing of tires), charging of batteries (not changing), windshield
repair.
VEHICLE REPAIR, MAJOR
Repairs that produce relatively high levels of noise, vibration
and fumes and, more specifically, include the following types of repairs
to motor vehicles and repairs of a similar nature with respect to
impacts on nearby properties: air conditioning service, brake repair/replacement,
engine oil changes, fluids replacement, exhaust system repair/replacement,
auto body customizing, auto body sheet metal/fiberglass/plastic repair/replacement,
auto body prepping/painting/media blasting, chassis fabrication/repair,
complete engine/transmission rebuild and replacement.
VEHICLE REPAIR, MINOR
Repairs and servicing that will produce relatively low noise,
vibration and fumes and, more specifically, include the following
types of repairs to motor vehicles: shock absorber/spring/strut replacement,
tire balancing/installation, wheel alignment, windshield/glass replacement,
tune-ups, diagnostics, emission control service.
VISUAL BARRIER FENCE
Wood panel fencing, chain-link with slats, mesh fencing or
any other fencing which provides 25% or less open area per square
foot of fencing.
WAREHOUSING OPERATIONS
Includes use of any building, structure or other protected
enclosure in which goods, materials or agricultural products are or
may be stored.
WELLHEAD
The structural element of a constructed water well which
is the source of a groundwater supply system.
ZONE MAP
A map of the Village of Bosque Farms that delineates the
zone district boundaries within the Village boundaries.