This chapter shall be known as the "City of Española
Development Code." Additionally, this chapter may be referred to from
time to time as the "Zoning Ordinance" or "Zoning Code of the City
of Española."
This chapter is adopted pursuant to the authority contained
in NMSA 1978, Chapter 3, Municipalities, and the Charter of the incorporated
City of Española.
A.
This chapter shall be effective and apply to all public and private
lands and uses within the municipal boundaries and the planning and
platting jurisdiction of the City of Española, except as provided
in this section and § 1203.
B.
However, the City of Española shall be exempt from compliance
with this chapter in its construction, improvement, development or
government use of public improvements or land.
C.
This chapter shall apply, to the maximum extent permitted by law,
to all public lands owned or controlled by other governmental or sovereign
entities within the municipal boundaries.
The purpose and scope of this chapter is to provide development
regulations consistent with the Comprehensive Plan in order to:
A.
Promote the health, safety and welfare of the City of Española;
B.
Facilitate orderly growth and development of the City of Española
consistent with the goals, concepts, strategies and policies of the
Comprehensive Plan and amendments thereto;
C.
Lessen congestion in the streets and public ways; secure safety from
fire, floodwaters, panic and other dangers; promote health and the
general welfare, provide adequate light and air, and prevent the overcrowding
of lands; avoid undue concentration of population; facilitate adequate
provision for transportation, water, sewage, schools, parks and other
public requirements; and control and abate the unsightly use of buildings
or land pursuant to NMSA 1978, § 3-21-5.
D.
Give consideration to the character of districts, conserve the value
of buildings and land, and encourage the most appropriate use of land
throughout the City of Española pursuant to NMSA 1978, § 3-21-5B;
E.
Establish land use districts and provide for the appropriate regulation
of land use within those districts;
F.
Divide the City of Española into zoning districts according
to the use of land and structures and the intensity of such use;
G.
Guide the location and use of structures and land for commercial,
industrial, public and residential uses where they are, or can be
made to be, compatible with neighboring land uses;
H.
Provide for harmonious development in the City of Española;
I.
Provide for coordination of street and infrastructure development;
J.
Provide for safety in the community;
K.
Preserve the natural beauty, vegetation and topography, and prevent
the pollution of air, water and the general environment;
L.
Ensure adequate drainage and availability of utility resources and
facilities;
M.
Provide flexible regulations which encourage compatible, creative
and efficient uses of land;
N.
Provide for the administration and enforcement of this chapter; and
O.
Provide guidance to applicants and property owners working with the
provisions and procedures of this chapter.
The scope and authority of the Comprehensive Plan shall be as
follows:
A.
A Comprehensive Plan for the physical development of the City of
Española shall be prepared by the Planning Commission with
the assistance of such staff and other professionals as are necessary;
the plan shall then be recommended for approval to the City Council.
B.
The Comprehensive Plan, with the accompanying maps, plats, charts
and descriptive and explanatory matter, shall show the physical development
of the City of Española, and may include, among other things:
(1)
The general location, character and extent of streets, bridges,
viaducts, parks, parkways, playgrounds, airports and other ways, grounds,
places and spaces.
(2)
The general location of public schools, public buildings and
other public property.
(3)
The general location and extent of public utilities and terminals,
whether publicly or privately owned, for water, light, power, heat,
sanitation, transportation, communication and other purposes.
(4)
The acceptance, widening, removal, extension, relocation, narrowing,
vacation, abandonment or change of use of any of the public ways,
grounds, places, spaces, buildings, properties, utilities or terminals.
(5)
The general location, character, layout and extent of community
centers and neighborhood units and the general character, extent and
layout of the replanning of blighted districts and slum areas.
C.
Any areas outside the boundaries of the City of Española and
within its planning and platting jurisdiction, which, in the Planning
Commission's judgment, bear relation to City of Española
planning, shall be included in the plan.
A.
In interpretation and application, the provisions of this chapter
shall be held to be minimum requirements. Nothing in this chapter
is intended to impair, annul or abrogate any easement, covenant or
other agreement between parties, public or private. However, when
the requirements of this chapter are at variance with the requirements
of any lawfully adopted rules, regulations or ordinances, the most
restrictive or those imposing the higher standard shall govern.
B.
The following general regulations apply:
(1)
Uses. No land, building, structure or premises shall be used
for any purpose or in any manner other than for a use permitted in
the zoning district in which such land, building, structure or premises
are located.
(2)
Setbacks. No designated setbacks surrounding any building or
structure shall be encroached upon or reduced in any manner except
in conformity with the building site requirements, nor shall any setbacks
associated with any building or structure for the purpose of complying
with the requirements be considered as providing setbacks for any
other building or structure.
(3)
Renovations. No building or structure shall be erected or moved
onto a site and no existing building or structure shall be altered,
enlarged, or reconstructed except in conformity with this chapter.
(4)
Height and density. No building shall hereafter be erected or
altered so as to exceed the height limit, or to exceed the density
regulations for the district in which it is located.
(5)
Lot size. No lot, even though it may consist of one or more
adjacent lots of record, shall be reduced in size so that the lot
width or depth, front, side or rear yards, lot area per dwelling or
other requirements of this chapter are not maintained.
(6)
One structure per lot. Only one principal building and its customary
accessory building may hereafter be erected on any lot, except as
authorized in the RM Multifamily District and PUDs as approved by
the Planning Commission.
(7)
Street frontage. No building shall be erected on any lot that
does not abut at least 25 feet on a publicly dedicated street.
Nothing contained in this chapter shall require any change in
any existing building or structure, construction or planned use of
a proposed building which would conform to a completed application
for a site plan, special use permit, variance or subdivision meeting
the requirements of this chapter which were in effect at the time
the complete application was filed and/or for which building permit
plans are on file and have been approved by the of the City of Española
prior to the effective date of this chapter, and the construction
of which building or structure shall have been started within the
time requirements of such building permit and diligently worked upon
to its completion. Nothing in this section shall be construed to make
an illegal nonconforming use or structure into a legal nonconforming
use or structure.
A.
Rules of construction. The following rules apply to definitions listed
in this chapter:
(1)
Usage. Any numbers, abbreviations, terms or words defined in
this section shall be used and interpreted only as defined herein.
All other numbers, abbreviations, terms and words shall have their
generally accepted meanings.
(2)
Word forms. Unless the context clearly indicates to the contrary,
words used in the present tense include the future tense and words
used in the future tense include the present tense; words used in
the plural number include the singular and words used in the singular
include the plural.
(3)
Interpretation of specific terms. The words "shall" and "will"
are mandatory. The word "may" is permissive. The word "structure"
includes a building; the words "building" or "structure" include any
part thereof. The word "person" includes an individual, a partnership,
a corporation, an incorporated association of persons, such as a club,
and any other legal entity.
(4)
Definitions listed in the New Mexico Building Code. Words not
defined in this chapter but which are defined in the New Mexico Building
Code as adopted by the City of Española are to be construed
as defined therein.
(5)
This chapter shall be construed as gender-neutral. All words,
terms or phrases expressing the masculine identity shall be deemed
to include the feminine.
B.
100-YEAR FLOOD or 100-YEAR-FREQUENCY RAINSTORM
(1)
(2)
ABANDONED STRUCTURE
ABUT
ACCESS and ACCESSWAY
ACCESSORY APARTMENT
ACCESSORY STRUCTURE
ACCESSORY USE
ADJACENT
AGENT
AGGRIEVED PARTY
ALLEY
ANNEXATION
APARTMENT HOUSE
APPLICANT
APPLICATION
AUTOMOBILE SERVICE STATION
BALCONY
BANNER
BAR
BASELINE DATA
BED-AND-BREAKFAST
BENCH MARK
BLOCK
BOND
BOUNDARY MONUMENT
BREEZEWAY
BUFFER AREA
BUILDING
BUILDING, MAIN
BUSINESS PARK
CALIPER
CAMPGROUND
CAR WASH
(1)
(2)
CARPORT
CHILD-CARE CENTER
CHURCH
CITY ATTORNEY
CITY CLERK
CITY COUNCIL
CITY ENGINEER
CITY MANAGER
CITY OF Española
CLUB, PRIVATE
COCKTAIL LOUNGE or BAR
COMMERCIAL
COMMERCIAL CENTER
COMMERCIAL DISTRICT
COMMERCIAL SITE PLAN REVIEW
COMPLEX
COMPREHENSIVE PLAN
CONCEPT SITE PLAN
CONDOMINIUM
CONSOLIDATION PLAT
CONSTRUCTION PLANS
CONVALESCENT HOME
COOPERATIVE
CORRECTION PLAT
COURT and COURTYARD
CROSSWALK
CUL-DE-SAC
DAY-CARE CENTER/FACILITY
DAY CARE HOME
DAYS
DEBRIS
DECISIONMAKING AUTHORITY
DEDICATED LAND
DENSITY
DEVELOPER
DEVELOPMENT
DEVELOPMENT CODE
DEVELOPMENT REVIEW TEAM (DRT)
DISTRICT PLAN
DORMITORY
DRAINAGE
DRAINAGE SYSTEM
DRIVE-IN OR DRIVE-THROUGH FACILITY
DRIVEWAY
DUPLEX
DWELLING
(1)
(2)
(3)
(4)
(5)
(6)
DWELLING UNIT
EASEMENT
EQUESTRIAN TRAIL
ESCROW
ESCROW AGREEMENT
FAMILY
FENCE
FENCE HEIGHT
FINDINGS
FLAG
FLOOR AREA
(1)
(2)
FRONT
FRONTAGE
GARAGE
GATE
GRADE
GRADING PLAN
GREENHOUSE
GROSS SITE AREA
GROUND COVER
GROUP HOME
GUEST
GUEST ROOM
GUESTHOUSE
HEDGE
HEIGHT OF STRUCTURE
HOME BUSINESS
HOME OCCUPATION
HOSPITAL
HOTEL or MOTEL
HOUSING
IMPACT REPORTS
IMPROVEMENT
INDUSTRIAL DISTRICT
INDUSTRIAL USE
INOPERABLE VEHICLE
(1)
(2)
JUNK
JUNKYARD and SALVAGE YARD
LANDSCAPE PLAN
LANDSCAPING
LEGAL HOLIDAY
LOT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
LOT SPLIT
LUMINANCE
MANUFACTURED HOME
MANUFACTURED HOME DEVELOPMENT
MANUFACTURED HOME PARK
MASTER PLAN
MOBILE HOME
MOBILE HOME DEVELOPMENT
MOBILE HOME PARK
MODULAR HOME
MULTIPLE-TENANT BUILDING
NET FLOOR AREA
NET SITE AREA
NET USABLE AREA
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFF-SITE
OFF-STREET PARKING
OFFICIAL ZONING MAP
OPEN SUN SCREEN
OVERLAY DISTRICT
OWNER
PARKING FACILITY
PARKING SPACE
PARKLAND
PARKWAYS
PATIO
PEDESTRIAN WALKWAY
PERCENT OF SLOPE
(1)
(2)
PERMITTED USE
PET TRAINING OR BREEDING or KENNELS
PLANNED RESIDENTIAL DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PLANNING COMMISSION
PLANNING DIRECTOR
PLAT
PORCH or DECK
PROFESSIONAL ARCHITECT
PROFESSIONAL ENGINEER
PROFESSIONAL LANDSCAPE ARCHITECT
PROFESSIONAL SERVICES
PUBLIC GARAGE
PUBLIC IMPROVEMENT
PUBLIC RIGHT-OF-WAY
PUBLIC WORKS DIRECTOR
RADIO AND TV TOWERS AND ANTENNAS
RAMP
REAL PROPERTY
RECREATION EQUIPMENT
RECREATIONAL VEHICLE
RECYCLING STATION
RESIDENCE
RESIDENTIAL DISTRICT
RESTAURANT
RESTAURANT, DRIVE-IN or TAKEOUT
RETAIL
RIGHT-OF-WAY
ROOM
RUBBISH
RUINS
RUNOFF
SCHOOLS
(1)
(2)
(3)
SELF-SERVICE STORAGE FACILITY
SENIOR CITIZEN MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT
SETBACK
(1)
SIDEWALK
SIGN
(1)
(2)
SITE PLAN
SLOPE
(1)
(2)
SOLAR ENERGY COLLECTION SYSTEM
(1)
(2)
SPECIAL USE
SPECIAL USE PERMIT
SPOT ZONING
STORAGE
(1)
(2)
STORM DRAINAGE PLAN
STORY
STREAM
STREET
(1)
(2)
(3)
STREET CENTER LINE
STREET FRONTAGE
STRUCTURE
TEMPORARY USE
TENANT
TRAFFIC ENGINEER
TRAILER
TRAILER SALES LOT
USE
UTILITIES DIRECTOR
VACATION
VARIANCE
VETERINARY SERVICE FACILITY
WALKWAY
WALL
WAREHOUSING
WHOLESALING
WRECKAGE
Definitions. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
YEAR FLOODD — The flood having a 1% chance of being equaled or exceeded in any given year and as defined elsewhere in this chapter; and
YEAR-FREQUENCY RAINSTORMM — That total accumulation of 5.24 inches of rain at the end of a one-hour period.
A structure that has not been used for a period of three
consecutive months which the City has duly determined to be a public
health, safety or welfare concern.
Next to, touching; to share a common property line.
The means of ingress to or egress from a property.
Separate living quarters on the same lot as, and used in
conjunction with, a main dwelling.
A structure, the use of which is incidental to the use of
the main building on a lot. A building attached by an interior (as
opposed to yard) wall or roof to the main building is not an accessory
building, but is a part of the main building.
A use incidental and subordinate to the permitted or special
use of the premises.
Next to; sharing a common boundary. In establishing adjacency,
public rights-of-way are not considered. For example, an industrial
district across the street from a residential district is adjacent
to that district.
Any person representing himself or herself to the City to
be a legally authorized designee of an owner or applicant. Also see
"owner." The City assumes no responsibility for ascertaining the property
rights and interests of applicants asserting that they are agents
and will rely upon the representations made in signed applications
and documents.
Any person who:
A public way which is a secondary means of vehicular access
to abutting properties.
A legal process by which some property located in an unincorporated
area of the county may become part of Española. The property
must be contiguous to (next to and touching) the existing City boundary
lines to qualify for annexation.
A multiple-family dwelling structure.
Any person or his or her legally authorized agent making
application to initiate any action provided in this chapter.
A formal request made by an applicant to initiate any action
as provided in this chapter.
A retail business engaged solely or primarily in the sale
of motor fuels, goods or services generally required in the operation
and maintenance of motor vehicles and in the fulfilling of a motorist's
needs. Major automobile repair activities, such as body painting,
body and fender repair, major mechanical repair, tire recapping, or
the rental of equipment and the sale or rental of other merchandise,
are not uses included in the uses of a service station.
An open platform projected from a wall of a building or structure
above the first floor level, and totally unsupported by any additional
means by or to the ground.
Any sign of lightweight fabric or similar material that is
temporarily or permanently mounted to a pole, structure or a building.
National flags, state or municipal flags shall not be considered banners.
See "cocktail lounge or bar."
Information on the current usage of a public facility compared
with its capacity, including, but not limited to, streets, sewers,
water lines, drainageways, etc.
An owner-occupied dwelling unit that contains no more than
five guest rooms, where lodging is provided for compensation, with
or without meals.
A mark on a permanent monument indicating elevation and serving
as a reference in topographical surveys.
A unit of land bounded by streets or by a combination of
streets and public land or any other barrier to the continuity of
development.
Any form of security, including a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form
satisfactory to the City Attorney and the City Council. All bonds
shall be reviewed by the City Engineer wherever a bond is required
by this chapter.
A permanent object indicating a corner in the boundary of
a lot.
A roofed, open-sided passageway which provides direct access
between buildings.
A strip of land designed to separate portions of a subdivision
or development from adjacent arterial or collector streets or from
uses located on adjacent properties.
Any structure built and maintained for the support, shelter
or enclosure of persons, animals, chattels or property of any kind.
A building within which is conducted one or more permitted
or special uses. There may be more than one main building on a lot
depending on the district designation.
A building or assembly of buildings on a single lot adaptable
to a combination of office, light storage, distribution, and showroom
uses, where a minimum of 25% of the floor area is used for office
space and where common parking and access are provided.
The diameter of the main stem of a tree or shrub. It is measured
eight inches above the ground.
An open area where temporary overnight residency is available
for tent, trailer, truck campers and/or recreational vehicles.
AUTOMATIC CAR WASHFacilities for washing automobiles using production line methods with a chain conveyer, blower, steam cleaning device or other mechanical devices.
SELF-SERVICE CAR WASHFacilities for washing automobiles, wherein the customer parks the vehicle in a bay and washes the vehicle using equipment provided.
A permanent roofed structure with not more than two enclosed
sides used for automobile storage.
A home or business which provides care, service and supervision
for children for less than 24 hours per day and which is regulated
by the State of New Mexico.
A permanent building used primarily for religious worship,
fully enclosed with walls, including windows and doors, and having
a permanent roof.
The City Attorney for the City of Española or his
designee.
The City Clerk for the City of Española or his designee.
The governing body of the City of Española.
The Engineer or engineering firm as may be hired or serving
under contract for the City of Española.
The City Manager for the City of Española or his designee.
The incorporated City of Española, New Mexico.
An association of persons, whether or not incorporated, for
social or recreational purposes and for purposes and activities generally
not for personal gain and not elsewhere defined as a commercial or
professional purpose or activity; it does not mean a business for
profit.
Premises where alcoholic beverages are sold to the public
for consumption on the premises.
For the purpose of purchase, sale or other financial transaction
of any article, substance, commodity or service by for-profit and
not-for-profit entities.
A building or assembly of buildings that may contain retail,
offices, restaurants, lodging, theaters, automobile services, or other
uses permitted by the zoning district, and that provides common parking
and access.
Any zoning district where the primary use is commercial;
these include B-1, Local Commercial District; B-2, General Commercial
District; B-3, Central Business District; and TC, Tourist Commercial
District.
A review process in front of the Planning Commission required
for all new commercial developments.
A combination of two or more uses located on the same lot
and sharing common facilities. Included in this definition are multiple-building
complexes.
The plan adopted by the City of Española to guide
overall growth and development, and includes amendments to that plan,
including area master plans and district plans.
A site plan that depicts only a general design, intended
for review by City of Española staff or the Development Review
Team.
An estate in real property consisting of an individual interest
in common in a parcel of real property, together with separate ownership
of space within such real property. A condominium is not a cooperative.
A plat combining two recorded lots into one lot.
The maps or drawings submitted prior to a final subdivision
plat showing the specific location and design of improvements to be
installed in a subdivision, including, but not limited to, streets,
sidewalks, utilities and drainage facilities.
A public or private facility which provides bed and ambulatory
care, not at the level of a hospital, for patients and for persons
who are unable to care for themselves; it does not mean a facility
which provides care or treatment of alcoholics, drug addicts or persons
with mental diseases or afflictions.
A development that is collectively owned by members and operated
for their mutual benefit. Each member is an owner and has an individual
interest in the entire development. Each member in a residential cooperative
has a lease for his own apartment, space or site, but does not own
the apartment, space or site. A cooperative is not a condominium.
The plat filed for the correction of an error, other than
a lot line adjustment, for an approved and recorded plat.
An open space unoccupied by structures on the same lot with
a main building, and bounded on two or more sides by such building
or exterior walls or fences.
That portion of a pedestrian walkway which crosses a street.
A street with one end open for vehicular and pedestrian access
and the other end terminating in a vehicular turnaround.
A home or business which provides care, service and supervision
for at least five but no more than 12 children for less than 24 hours
per day and regulated by the State of New Mexico.
A residence which provides care, services and supervision
for not more than four children at one time, who do not normally reside
in the home, for less than 24 hours per day and regulated by the State
of New Mexico.
Calendar days, whenever used as a means of calculating a
time limit or constraint, except as otherwise expressly stated.
The remains of past construction, hobbies and other activities
which have not been removed for over a year.
The Planning Director, the Planning Commission, or the City
Council, as appropriate, which has been given the authority to take
final actions (though subject to appeal) regarding an application
under this Development Code.
Land transferred to the City of Española, in fee simple
ownership, and expressly accepted by the City for public use.
The total number of dwelling units permitted on a given area
of land. Density is usually expressed in dwelling units per acre.
The legal or beneficial owners of a lot or parcel of any
land proposed for inclusion in a development, including an agent and/or
the holder of an option or contract to purchase.
The construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any buildings, any use or
change in use of any buildings or land, any extension of any use of
land or any clearing, grading or movement of land, for which permission
is required pursuant to this chapter.
The City of Española Official Development Code, which
is adopted by ordinance, and may be amended from time to time.
The purpose of the DRT is to review development applications
and to advise the Planning Commission, other boards and commissions
and the City Council. The Development Review Team shall consist of
the Planning Director (who shall act as Chairman), Water Operations
Supervisor, Wastewater Collections Supervisor, Public Works Director,
Community Services Director, City Engineer, Police Chief, Fire Chief
and any other department head who could or may have issues with the
proposed development.
A plan developed for a specific zoning or overlay district
within the City of Española.
A building used principally for sleeping accommodations,
related to an educational or research institution.
Natural swales and/or man-made improvements designed to accommodate
drainage on a parcel.
That portion of a commercial establishment which is designed
and operated for the purpose of serving a motorist in a vehicle.
A vehicular accessway to off-street parking.
See "two-family dwelling."
A building containing one or more dwelling units, including
the following:
GROUP DWELLINGA combination or arrangement of dwellings on one lot.
MULTIPLE-FAMILY DWELLINGA building containing three or more dwelling units on one lot.
SINGLE-FAMILY DWELLINGA building containing only one dwelling unit; it does not mean manufactured housing.
SINGLE-FAMILY ATTACHED DWELLINGA building containing only one dwelling unit and joined on one or more sides by a common wall without openings to another or other single-family dwellings on separate lots.
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit, set back from other structures.
TWO-FAMILY DWELLINGA building containing two dwelling units on one lot.
One or more rooms used as a residence by one family and constituting
a separate and independent housekeeping unit, with a single kitchen.
It does not mean quarters for transients in a club, hotel or motel.
A real property interest in land for a specific purpose,
granted by the owner of the property to another person or entity.
A trail or pathway intended for use by persons on horseback,
or pedestrians.
A sum of money deposited to ensure completion of subdivision
improvements to City of Española standards.
A signed contract between a developer and the City of Española
that ensures completion of subdivision improvements in compliance
with the standards of this chapter.
An individual living alone; two or more persons related by
blood or marriage, or between whom there is a legally recognized relationship,
occupying the same dwelling unit; or a group of not more than five
unrelated persons occupying the same dwelling unit.
Any structural device forming a physical barrier between
two properties. It may be made of wire mesh, steel mesh, chain link,
louver, stake, masonry, lumber or other similar materials or any combination
thereof.
The vertical distance measured from the approved grade (ground)
level to the highest adjacent board, rail, post, or wire, including
retaining walls.
A written statement of the reasons supporting a decision
made by any reviewing body in the land development review process.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or otherwise excluded from the definition of a banner.
The area of all floors, including a basement, in a building,
exclusive of exterior courts, garages and carports, but including
enclosed porches. All horizontal measurements are taken from the exterior
faces of walls.
GROSS FLOOR AREAThe sum of the total horizontal areas of all the floors of all structures on a lot, measured from the outside faces of exterior walls. Basements, elevator shafts, hallways and stairwells at each story, floor space used for mechanical equipment with structural headroom of six feet six inches or more, penthouses, attic space whether or not a floor has actually been laid that provides structural headroom of six feet six inches or more, interior balconies, and mezzanines are all included.
That side of a building or property serving as the principal
entrance.
That side of a lot abutting a public right-of-way and determined,
by the Planning Director, to be the front of the lot.
A portion of a main building or a detached accessory building
having a roof and enclosed by walls on not less than three sides used
for the housing of vehicles.
An opening in a wall or fence that permits ingress and egress.
The average elevation of the finished ground surfaces surrounding
a building as measured from front to back and side to side for the
entire lot. The term "grade" is expressed as the slope in percentage
terms.
The plan that describes both existing contours and the finished
grade for the site upon completion of all construction operations.
A structure constructed chiefly of glass, plastic or translucent
material, which is devoted to the cultivation of flowers or other
tender plants.
The area of a horizontal plane within the property lines
of a lot before the area of public streets, easements or other land
to be designated for public use is deducted.
Any landscaping material other than permanent hard surfaces
(i.e., sidewalks, driveways, structures) which covers the natural
earth. The definition includes living matter (plants) and nonliving
materials (rock outcroppings).
Any congregate residence, maternity shelter, or building
which provides room and board to the residents within the facility
and provides, either directly or through contract services, at least
one of the following: programmatic services, assistance with the activities
of daily living in accordance with the program directive, or general
supervision of up to eight individuals who have difficulty living
independently or managing their own affairs, or who are handicapped
within the meaning of 42 U.S.C. § 3602(h)(1) of the Fair
Housing Amendments Act (1988). "Group home" does not include facilities
for persons currently in custody of or recently released by correctional
authorities that are designed to offer an alternative to imprisonment
and/or to facilitate ex-offender reintegration into community life,
nor does it include facilities for persons who require such services
by reason of the effects of current alcohol or drug abuse. "Group
home" includes facilities for recovering alcohol or drug abusers who
require group home services.
A social visitor or any person hiring or occupying a room
for living or sleeping purposes.
A room, having no kitchen facilities, for occupation by one
or more guests.
A dwelling unit within an accessory building for use by guests
of the occupant of the main building; it does not mean a dwelling
that is rented or otherwise used as a separate main building.
A plant or series of plants or other landscape material so
arranged as to form a physical barrier or enclosure.
The vertical distance between the highest point of any part
of the structure and the natural grade or finish cut grade directly
below that point, whichever is greater. If a structure is placed on
fill, the depth of the fill is included in the height of the structure.
If the natural grade is lowered in a cut, the depth of the cut is
included in the height of the structure.
A home occupation that employs more than one nonfamily member.
A business, profession or service which is conducted and/or
operated in a residential zoning district and is clearly incidental
and secondary to the dwelling purpose and does not change the character
thereof.
An acute care, short-term general hospital.
A building or group of buildings operated as one enterprise,
containing rooms or suites of rooms (with or without a kitchen) to
be occupied by transient or permanent tenants.
Residences of any kind as further described in this chapter.
Studies conducted to identify the potential adverse effects
of proposed development on public infrastructure and land as well
as adjoining private properties. Impact reports may include, but are
not limited to, traffic generation reports; stormwater drainage reports;
utility capacity analysis reports; and soils reports.
An addition made on property and intended to enhance its
value, utility or beauty, or to adapt it to new or further uses.
Any zoning district where the primary use is industrial;
these include: L-I, Light Industrial District; and H-I, Heavy Industrial
District.
The manufacture, fabrication, processing, reduction or destruction
of any article, substance or commodity, or any other treatment thereof,
in such a manner as to change the form, character or appearance thereof,
and including storage, warehousing and wholesaling.
Any motor vehicle or vital component parts thereof which are
either:
For the purposes of this definition, the term "vital component
parts" shall mean those parts of a motor vehicle that are essential
to the mechanical functioning of the vehicle, including, but not limited
to, the motor, drivetrain and wheels.
Used machinery, electronic/electrical components, scrap iron,
steel or other ferrous and nonferrous metals, tools, implements or
portions thereof, glass, plastic, cordage, building materials, or
other waste that has been discontinued from its original use and may
be used again in its present form or in a new form.
An open area where junk, including dismantled or wrecked
automobiles, is bought, sold, exchanged, stored, baled, packed, disassembled
or handled. A junkyard includes an automobile wrecking yard.
A plan that graphically illustrates the areas to be landscaped,
types of landscaping materials, irrigation, the final design of all
landscaping areas, and may include a long-term maintenance program.
The planting and maintenance of various forms of vegetation
and/or the use of architectural materials to aesthetically enhance
and complement structures and the sites on which they are located.
A holiday granted to regular employees of the City of Española
pursuant to personnel rules and regulations.
A parcel of land, also known as a plot, the legal description
of which is duly recorded with the County Clerk and which includes:
LOT AREAThe area of a horizontal plane bounded by the property lines of a lot.
CORNER LOTA lot located at the intersection of two or more streets at an angle of not more than 135°. If the included angle is greater than 135°, the lot is an interior lot.
LOT COVERAGEThe percentage of the lot area covered by structures, including accessory buildings, main buildings and detached buildings. "Lot coverage" includes all aboveground structures, including roof overhangs.
DOUBLE-FRONTAGE OR THROUGH LOTAny lot having frontage on two parallel or approximately parallel streets.
LOT FRONTThat part of an interior lot abutting the street, or that part which is designated the front of a corner lot, double-frontage lot, or a lot with three or more sides abutting a street.
INTERIOR LOTAny lot other than a corner lot or a double-frontage lot.
LOT LINEAny line bounding a lot.
LOT LINE ADJUSTMENTA replat of the recorded lot lines of two adjacent lots with no additional lots created.
FRONT LOT LINEThe property line in the front yard.
REAR LOT LINEThe lot line which is opposite and most distant from the front lot line, or in the case of an irregular lot, a line a minimum of 10 feet in length farthest removed from the front lot line, and at or near right angles to the line comprising the depth of such lot.
SIDE LOT LINEThose lot lines of a lot which are not the front or rear lot lines.
NONCONFORMING LOTA lot which does not conform to the provisions of this chapter.
LOT REARThat part of a lot opposite the front of the lot.
REVERSE-CORNER LOTA corner lot, the rear yard of which abuts a side yard of another lot.
The subdivision of one recorded lot into two lots.
The brightness of an object expressed in terms of footcandles
or lumens, determined from a point five feet above grade onto other
premises or the public right-of-way, but no closer than 20 horizontal
feet to the object measured.
(Also known as "mobile home," "single-wide," "double-wide,"
"triple-wide," "trailer" and "HUD home," manufactured on or after
June 15, 1976.) A movable or portable housing structure that exceeds
either a width of eight feet or a length of 40 feet and is constructed
in the controlled environment of a manufacturing plant. They are built
and transported in one or more sections on a permanent chassis (steel
frame or I-beam) and designed to be installed with or without a permanent
foundation for human occupancy. A manufactured home is built to the
Manufactured Home Construction and Safety Standards (HUD Code) and
displays a red certification label on the exterior of each transportable
section.
A parcel of land designed and/or intended for the placement
of a manufactured home and accessory structures on sites that can
be owned in fee simple, as part of a condominium, a cooperative or
a land lease rental community.
A parcel of land under single ownership on which two or more
manufactured home units are located. It includes land lease rental
communities where individual lots are rented, but not owned. It also
includes limited equity cooperatives, but not condominiums.
A plan developed for a specific area within the City of Española.
The common name for a manufactured home constructed prior
to HUD enforcement of the Manufactured Home Construction and Safety
Standards, effective June 15, 1976.
A parcel of land designed and/or intended for the placement
of manufactured housing and accessory structures on sites that can
be owned in fee simple, as part of a condominium, a cooperative or
a land lease rental community.
A parcel of land under single ownership on which two or more
manufactured housing units are located. It includes land lease rental
communities where individual lots are rented, but not owned. It also
includes limited equity cooperatives, but not condominiums.
(Also known as "systems-built homes," "panelized," "prefabricated"
and "off-site construction.") Any home factory-built to the same state,
local or regional building codes as site-built homes. They are typically
delivered to a site on a flatbed truck and often the sections and
modules are put into place using a crane. Modular homes are affixed
to a permanent foundation just like an on-site stick-built house.
Modular homes will not have a red certification label (HUD Code),
but will have a label attached to the home stating the code it was
built to (e.g., UBC, IRC, state/local, etc.).
A single structure housing two or more retail, office, commercial
or industrial uses.
The area of all floors in a building, excluding basements,
garages, carports, enclosed porches, mezzanines, hallways, service
areas and similar areas. All horizontal measurements are from exterior
faces of walls.
The area of a horizontal plane within the property lines
of a lot, less the area of all land designated for public use.
The total floor area designed for tenant occupancy and exclusive
use, expressed in square feet measured from the inside of walls.
A structure lawfully existing on the date of adoption of
this chapter, which was designed, erected or structurally altered
for a use which is not a permitted use in the district in which it
is located, or which is not in compliance with the site development
requirements of the district in which it is located.
A use of a building or land, existing on the date of adoption
of this chapter, which does not conform to the uses permitted in the
district in which it is located.
Any place not within the boundary of the property to be developed,
subdivided or improved, whether or not in the ownership of the developer
or subdivider.
The area required by this chapter for temporary vehicular
parking.
The map adopted by the City of Española as a component
of this chapter, showing the location of the various zoning districts
within the City of Española.
A latticed or louvered assemblage, open on at least two sides,
used for partial shade, providing no weather protection and not influencing
ventilation or the amount of impervious cover of a lot.
A set of zoning requirements that are described in the text
of this chapter, are mapped, and are imposed in addition to those
of the underlying district. Development within the overlay districts
must conform to the requirements of both zoning districts or, when
that is not physically possible, the more restrictive of the two.
Any person, group of persons, firms, corporations, public
agency or any other legal entity having legal or equitable interest
in property subject to this chapter. Also see "agent."
Any space on the streets or off the streets used for the
purpose of parking motor vehicles, including buildings erected above
or below the surface of the ground.
Space for the parking of one automobile, exclusive of driveways,
ramps, columns, or loading areas, within a parking facility.
Public open space that is designed to serve public needs
for recreation, and areas that serve to satisfy public needs for visual
and/or psychologically pleasing spaces.
The public right-of-way of a dedicated street located on
either side of the actual street roadway improvements (curb, gutter
and pavement). Parkway areas may or may not contain sidewalks and/or
utilities.
Roofed or unroofed space on a lot; if roofed, with at least
50% of the side surface unscreened or unenclosed with a solid material.
An accessway generally located between lots for pedestrian
use and either publicly or privately owned, which may or may not be
improved.
The relation of the vertical rise from or to the contour line
at horizontal intervals of not more than 50 feet and calculated as
follows:
S = (H - L) * 100/D
| ||
H
|
=
|
highest elevation of the portion of tract measured
|
L
|
=
|
lowest elevation on the portion of the tract measured
|
D
|
=
|
horizontal distance between H and L
|
Percent of slope is used to measure grade.
The specific, primary use of a lot allowed by this chapter.
A lot may be put to more than one use at a time.
The Boarding, breeding, raising, grooming or training of
two or more dogs, cats, or other household pets of any age in exchange
for remuneration.
Two or more dwellings planned and developed as a whole, including
dwellings commonly known as "townhouses" or "row houses" or "cluster
housing," together with related land, buildings and structures.
(Also known as a "PUD.") A type of development and the regulatory
process that permits a developer to meet overall community density
and land use goals without being bound by existing zoning requirements.
PUD is a special type of floating overlay district which generally
does not appear on the municipal Zoning Map until a designation is
requested.
The Planning Commission of the City of Española.
The Planning Director of the City of Española or his
or her designee.
A map, drawing or chart depicting land and improvements thereto.
An open platform above ground level attached to the wall
or foundation of a building or structure and primarily supported in
some structural manner from the ground; it may be roofed or unroofed.
An architect registered by the New Mexico State Board of
Registered Architects.
An engineer registered by the New Mexico State Board of Registered
Engineers and Surveyors.
An architect registered by the New Mexico State Board of
Registered Landscape Architects.
Those services provided by accountants, architects, engineers,
business or management consultants, attorneys, planners or other professionals
typically hired as consultants.
A building used for the care, repair, equipping, hire, sale
or storage of motor vehicles.
Any drainage ditch, roadway, parkway, sidewalk, street, pedestrianway,
tree, lawn, off-street parking area, lot improvement or other facility
for which the City of Española may ultimately assume the responsibility
for maintenance and operation.
The total area of land deeded, reserved by plat or otherwise
acquired, occupied or owned by the City of Española or any
other public entity, primarily for the public movement of people,
goods and vehicles. A public right-of-way may be used for other public
purposes pursuant to this chapter.
The Public Works Director for the City of Española
or his designee.
Any structure that is used for transmitting or receiving
television, radio or telephone communications, excluding those used
exclusively for dispatch communications.
A sloping roadway or passage used to join two different levels
of streets, structures or buildings, or a driveway leading to parking
aisles.
Land easements and appurtenant rights to land along with
whatever is erected or affixed to land.
Equipment whose primary function or design is for recreational
purposes, whether originally so designed or subsequently modified,
and is not capable of being self-propelled on land, and shall include
the following or similar types of equipment: boats, boat trailers,
campers when dismounted from a truck bed or chassis, horse trailers,
houseboats, house trailers, rafts, tent trailers, travel trailers
and utility trailers when converted to recreational purposes.
A vehicle which is composed of a chassis, or a frame with
wheels, which either has its own motor power or is drawn by another
vehicle, and has a camping body primarily designed or converted for
use as temporary living quarters for recreational, camping or travel
activities.
A use where recyclable solid waste materials, including aluminum,
glass, paper, metal and similar materials, are purchased or procured.
A building used, designed or intended to be used as a home
or dwelling by one or more families or lodgers. A manufactured house
is a residence.
Any zoning district where the primary use is housing; these
include R-1, Rural Residential District; R-2, Semirural Residential
District; R-4, Large Lot Residential; R-6, Urban Residential District;
RM, Multifamily Residential District; R6-PUD Urban Residential; and
ROI, Residential-Office-Institutional.
A business establishment that serves prepared food or beverages
primarily to persons seated within the building. This includes businesses
which may provide an area for food consumption outdoors in addition
to indoor dining.
A business establishment that serves prepared foods or beverages
primarily for the consumption by customers within motor vehicles either
on or off the premises.
The sale of goods to the ultimate consumer for direct consumption
and not for resale.
See "public right-of-way."
An unsubdivided portion of the interior of a building; it
does not mean a bathroom, closet, hallway or service porch.
Waste or rejected material; anything worthless or valueless
in its present form; trash.
Buildings in a state of disrepair and falling down.
The water from natural precipitation that flows over the
surface of the land and does not percolate into the soil.
Includes the following:
PRIVATE OR PAROCHIAL SCHOOLSA school, academy or institution which conducts academic instruction at kindergarten, elementary, secondary or collegiate levels not under the jurisdiction of the Española Public Schools; it does not mean a commercial or trade school.
PUBLIC SCHOOLSSchools under the jurisdiction of the Española Public Schools or, in the case of a post-high-school institution, under the jurisdiction of a Board of Regents established by the state.
TRADE OR COMMERCIAL SCHOOLSPrivate schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technician schools, and similar commercial establishments.
Any real property designed and used for the purpose of renting
or leasing individual storage spaces to tenants who have access to
such spaces for the purpose of storing and removing personal property.
A residential development providing dwelling units specifically
designed for the need of ambulatory elderly persons, with residents
of such development being a minimum of 60 years of age (except that,
in the case of married couples, only one person needs to be 60 years
of age) and with such developments consisting of apartments or condominiums,
or a combination of both dwelling types, but consisting of a minimum
of 30 dwelling units within the project.
The least horizontal distance between a lot line and a building
or structure, exclusive of projections such as roof overhangs and
includes:
MINIMUM SETBACKThe distance from the lot line to any setback or the main building setback, as required by this chapter.
A publicly owned pedestrianway with permanent surfacing.
Any written, printed or symbolic device capable of visual communication
or attraction, including any announcement, declaration, demonstration,
display, illustration, insignia, structure or symbol, or architectural
feature which serves no other purpose than communication, used to
advertise or promote the interest of any person; or
Any official notice issued by any court or public body or officer,
or directional, warning or information signs or structures required
by or authorized by law or by federal, state or City of Española
authority.
The plan graphically showing proposed or actual development
of the property, including, but not limited to, the location of structures,
height and exterior facades, placement of parking and traffic circulation,
method of exterior lighting, landscape treatment, location and size
of signs, and any other such information as may be requested by planning
staff.
Includes:
BUILDING SITE SLOPEThe difference between the highest natural elevation on the building footprint and the lowest natural elevation of the building footprint, divided by the horizontal distance between the two points.
PARCEL SLOPEThe difference between the highest natural elevations at each end of the 100-foot horizontal difference, divided by 100.
Includes:
ACTIVE SOLAR ENERGY COLLECTION SYSTEMA mechanical system for heating or cooling a structure by collecting, storing and transporting solar energy.
PASSIVE SOLAR ENERGY COLLECTION SYSTEMA system that employs siting and orientation, structural materials and landscaping to take advantage of solar energy for structural heating.
A use which has been determined to be compatible with the
purposes of the district, but which has one or more characteristics
that could make it incompatible with other uses in the district; and
as further described by this chapter.
A permit for a use classified as a special use, as detailed
elsewhere in this chapter.
Rezoning of a lot or parcel of land for a use incompatible
with surrounding uses and not for the purpose or effect of furthering
the Comprehensive Plan.
An area or space, either indoors or outdoors, where something
is kept, housed or located for future use. Storage may include:
AUTOMOBILE STORAGEA lot used to store vehicles, either for repair or salvage, when towed or driven to the site. Lots providing for more than five vehicles must provide screened security fencing of not less than six feet in height surrounding the entire perimeter of the lot. This use is determined to be incompatible with residential uses and therefore shall not be allowed or granted special use status or permits.
CONTRACTOR'S STORAGE YARDAn area where heavy equipment, materials, machinery, aggregates, and other objects used for the development of land or structures are stored. This use is determined to be incompatible with residential uses and therefore shall not be allowed or granted special use status or permits.
A detailed plan showing the location and proposed topography
of streets, lots and other areas within a development, along with
any proposed storm sewer facilities and easements for surface drainage,
intended to satisfy the storm drainage performance standards of this
chapter. It is further meant to include any drainage calculations
requested by the City of Española.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling above.
If the finished floor level directly above a usable or unused under
floor space is more than six feet above grade for more than 50% of
the total perimeter or is more than 12 feet above grade at any point,
such usable or unused under floor space shall be considered a story.
A low point on the natural topography where runoff collects
and stormwater flows on a periodic basis, or a continuously running
waterway.
A public right-of-way subject to vehicular traffic (as well
as pedestrian traffic) that provides direct or indirect access to
property, and may include:
ARTERIAL STREETA street which is or will, because of its design, location, or intensity of use with reference to other streets and other sources of traffic, be used primarily for larger volumes of traffic.
PRIVATE STREETA street as defined elsewhere in this chapter but differing in that it is not accepted by the City of Española as a public improvement.
PUBLIC STREETA street owned and maintained by the City of Española or other public entity.
The center of a street or right-of-way as established by
official surveys; normally the midpoint of a street cross section.
The distance for which a lot line adjoins a public street,
from one lot line intersecting such street to the furthest distant
lot line intersecting the same street.
Anything constructed or built which requires location on
or in the ground or is attached to something having a location on
or in the ground. Underground storage tanks, patio slabs, paved areas,
walks, tennis courts and similar facilities, the tops of which are
not more than 30 inches above ground, are not structures.
A use of a temporary, seasonal or transitory nature, as detailed
elsewhere in this chapter, but not to exceed six months in any one
calendar year.
Any person who occupies any land or building who is not the
owner but is granted the right of use by the owner.
The City of Española employee or contractor responsible
for the administration and enforcement of City of Española
traffic control regulations.
Any vehicle without motor power, designed for carrying persons
or property and for being drawn by a motor vehicle.
An automobile and trailer sales lot, inclusive of the sale
of manufactured housing, as governed by the State of New Mexico Taxation
and Revenue Department.
Any development, use or activity upon lands within the City
of Española.
The Utilities Director for the City of Española or
his agent.
An adjustment in the application of the specific dimensional
regulations of this chapter to a particular piece of property as more
specifically set forth under the laws of the State of New Mexico.
An enclosed structure in which animals are given medical
or surgical treatment or temporary housing as an accessory use to
the veterinary service facility.
A cleared way for pedestrians, which may or may not be paved.
A vertical structure that separates properties, portions
of properties or portions of a building.
A building for the storage of goods of any type with more
than 500 square feet of storage space.
The selling of goods for the purpose of resale.
Broken, disrupted, disordered mechanical or automotive parts,
machinery or vehicles.