For the purposes of this title, the rules of construction established
in this section shall be observed unless such construction would be
illogical, inconsistent with the manifest intent of the town council,
or otherwise repugnant to the context in which the term is used in
this title.
A.
Context.
Words and phrases shall be construed according to the context
and the generally accepted use of language. Technical words and phrases
and such others as may have acquired a peculiar and appropriate meaning
in law shall be construed according to such meaning.
B.
Tense.
Words used in the present tense include the future tense.
C.
Singular
and plural.
Words used in the plural form include the
singular form and words used in the singular form include the plural
form.
D.
Mandatory
and permissive.
The words “shall” and “must”
are mandatory, and the words “may” and “should”
are permissive.
E.
Used
and occupied.
The words “used” or “occupied”
include the words “intended, designed or arranged to be used
or occupied”.
F.
Person.
The word “person” includes an individual, business,
firm, association, organization, partnership, joint venture, estate,
trust, company, corporation, or any other nonpublic legal entity,
whether for profit or not for profit, or any group, combination, agent,
or employee of the foregoing.
(Ordinance 99-05 adopted 1999)
Terms relating to the town shall be defined as follows:
The code administrator of the Town of Taos, appointed and
having authority as set forth in chapter 16.12 of this title.
The Town of Taos planning and zoning commission.
The Town of Taos.
The town council of the Town of Taos.
The town council for planning and zoning matters within the
corporate limits of the town.
(Ordinance 09-19 adopted 2009; Ordinance 10-07 adopted 2010)
Terms relating to the county shall be defined as follows:
The board of county commissioners of Taos County.
Taos County.
The county assessor of Taos County.
The county clerk of Taos County.
(Ordinance 99-05 adopted 1999)
A use, building or structure located on the same lot as the
principal building, structure or use to which it is related and that:
Is subordinate and customarily incidental to the principal use,
building or structure. To be subordinate the accessory must be less
than seventy percent (70%) of the heated floor area of the principal
structure and secondary in intensity relative to the principal use.
To be customarily incidental, an accessory must be traditionally found
or commonly utilized with the principal structure or use in comparable
neighborhoods in the town; and
Is operated and maintained for the benefit or convenience of
the occupants, employees, or customers of, or visitors to, the lot
on which the principal use, building or structure is situated.
A common watercourse used for surface irrigation and regulated
pursuant to the provisions of section [article] 73-2 New Mexico Statutes
Annotated, 1978, et seq.
A commercial use characterized by activities that provide
entertainment which is sexual or erotic in nature and therefore appropriate
for adults only. Specific uses in this title classified as adult uses
are:
Adult amusement establishment.
An establishment which provides amusement or entertainment
which is distinguished or characterized by an emphasis on material
depicting, describing, or relating to specified sexual activities
or specified anatomical areas and where admittance is limited to adults
or admittance is advertised or promoted as being restricted to adults.
The establishment may be, but is not limited to, an indoor restaurant,
lounge, nightclub, or any other facility regardless of whether food,
drink, or alcoholic beverages are served; or
Adult bookstore.
An establishment having [as] a substantial or significant
portion of its stock in trade books, magazines, and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified sexual activities
or specified anatomical areas or an establishment with a segment or
section devoted to the sale or display of such material.
Adult entertainment establishment.
An indoor restaurant, lounge, nightclub, or any other facility
regardless of whether food, drink, or alcoholic beverages are served,
where, in all or parts thereof, live entertainment is provided for
patrons which is sexually erotic in nature, where admittance is limited
to adults or admittance is advertised or promoted as being restricted
to adults.
Adult photo studio.
An establishment which, upon payment of a fee, provides photographic
equipment or models for the purpose of photographing specified anatomical
areas.
Adult theater.
A theater, including a drive-in theater, used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified
anatomical areas for observation by patrons therein. Adult drive-in
theaters are specifically prohibited by this title.
One whose legal right is invaded by an act complained of,
or whose pecuniary interest is directly and adversely affected by
a decree or judgment.
Land use characterized by activities involving growing, producing
and harvesting crops and/or raising livestock for personal or commercial
use. The term refers both to farming or ranching activities as well
as to private farm/ranch dwelling units, stables, stalls and barns.
Specific uses in this title classified as agricultural land use are:
agriculture and ranching, farms and ranches, farm and ranch labor
housing and temporary roadside stands offering only farm products
for sale.
An air quality management plan shall provide:
An inventory of ambient air quality levels which may be raised
as a result of the development;
A discussion of projected concentrations of all pollutants at
full development and their possible effects on public health and safety;
A description of all measures which will be taken to reduce
the emission of air pollutants;
If the increase of any pollutant regulated by the State of New
Mexico will be five percent (5%) or greater, compared to existing
levels of that pollutant (measured on an average annual basis at the
property line), then the plan shall provide evidence indicating any
benefits to the citizens of the town which would offset such degradation;
and
Where applicable, all required State of New Mexico air quality
control regulations and permits must be submitted along with a site
development plan.
To alter by modification, deletion, or addition.
Structure containing two (2) or more dwelling units, including
units which do not have a separate entrance leading directly to the
outdoors at ground level.
The action taken by an aggrieved person or party to have
a final decision of the code administrator, commission, or town council
reconsidered. An appeal must be held as a public hearing.
Notice given by the appellant that he or she shall appeal
a final decision of the code administrator, commission or town council.
A notice of appeal shall be made by completing a written form provided
by the planning department and submitting the form to the code administrator
within ten (10) working days of the final decision.
A person who appeals a final decision of the code administrator,
commission or town council and who appeared and signed in at the public
hearing, if any, on that decision, either personally or through a
representative.
Regulations and procedures requiring structures to be suitable,
harmonious, and in keeping with the general appearance, historical
character or style of the surrounding area.
An institution providing meals and residential care and services
for individuals. Such services include custodial or attendant care,
but may or may not provide for routine and regular medical and nursing
services. Assisted living homes include, but are not limited to, homes
for the elderly and/or convalescents.
A shelter projecting from and supported by the exterior wall
of a building, constructed of nonrigid materials on a supporting framework.
The highest elevation of land which confines the waters of
a watercourse in an intermittent or perennial stream or river.
The lowest habitable story of a building, usually below ground
level, that can be used for storage, common area, or bedroom.
A building of residential character other than a hotel, motel
or boarding house, which is compatible with the neighborhood and which:
Provides temporary lodging for less than thirty (30) days;
Provides temporary lodging in ten (10) or fewer rooms for guests;
Provides one or more meals daily for guests;
Has a manager of the inn residing on the premises; and
Does not provide the accessory uses associated with a hotel.
An area of land enclosed by public streets. The length and
width of a block are the distances measured along the street parallel
to the block between the centerlines of the intersecting streets at
each end of the block.
A building containing a single dwelling unit and rental rooms,
other than a hotel, motel, or bed and breakfast inn, where, for compensation
and for a period of thirty (30) days or more, lodging is provided
with or without meals for persons who are not members of the same
family. Boarding houses shall not include homes for unrelated persons
requiring professional or semiprofessional care by reason of physical
or mental infirmity, disease or age.
The portion of a lot upon which buildings may be placed.
A structure or parts of a structure anchored to the ground
by a permanent foundation, and covered and connected by a permanent
roof and used for shelter, housing, or enclosure of people, animals
or property of any kind.
The total square footage of a lot covered by the area within
the outer perimeter of the walls of buildings measured on a horizontal
plane at mean grade level.
The vertical distance from the grade to the highest point
of a flat roof, the jack line [deck line] of a mansard roof, or the
average height between eaves and ridge for gable, hip and gambrel
roofs.
A building limit fixed at a specific distance from the front,
back, and/or side boundaries of a lot beyond which a structure cannot
lawfully extend.
Employment, occupation, profession, or commercial activity
engaged in for gain or livelihood.
A place at which persons are rented or provided a site to
camp in tents, trailers or recreational vehicles.
A timetable of permanent improvements budgeted by the town
to fit fiscal capability some years in the future and matched with
present and expected public need.
A permanently roofed, open accessory structure established
for the purpose of storage of one or more vehicles.
A private declaration of covenants, conditions, and restrictions
recorded by a landowner against his property.
A room, varying in size, located underneath a building as
a separate story of that building or located underground and detached
from a building that can be used for storage and emergency shelter.
A written document issued by the code administrator which
substantiates approval of an application by the commission or the
code administrator. Issuance of a certificate implies that all requirements,
inspections, etc., pertaining to the application have been met and
approved.
The historic preservation commission’s written approval,
required prior to change in use (if applicable), demolition, relocation,
or new construction, including preservation, reconstruction, rehabilitation
and restoration, within a town historic overlay zone.
Written document from the authorized representatives of the
fire department and the building inspector stating that a building
has been found compliant with all the requirements of all applicable
codes, town ordinances, regulations and laws of the State of New Mexico
and is ready for occupancy and use as specified in the certificate.
The presiding officers of the commission or the historic
preservation commission.
An area enclosed within an isosceles triangle having equal
sides of twenty-five feet (25') with the apex of the triangle at the
point where two (2) abutting streets meet.
A building in which dental, medical or alternative medical
services, including veterinary medicine, are provided on a group basis,
but shall not include overnight housing or treatment of patients.
Town employee designated by the mayor, with the consent of the town council, who performs the duties assigned throughout this title and all other town ordinances, and such other duties as may be assigned by the town council, the mayor, the commission, the historic preservation commission, and/or the town manager. The specific duties of the code administrator are listed in section 16.12.010.2 of this title.
A structure containing one or more commercial uses.
Term implies use in connection with or furtherance of a profitmaking
enterprise, excluding residential properties for long term rent.
Public or privately owned facilities that are available to
the general public.
A dwelling unit(s) providing to its residents a planned program
of care consisting of full time programmatic supervision, counseling
and/or therapy, and assistance in the development of daily living
skills. Such residence and program is provided to persons who are
physically disabled, developmentally disabled, psychiatrically disabled,
have drug or alcohol problems, are under the legal custody of the
state, have social and/or behavioral problems, or are persons who
have disabilities associated with aging. A community residential program
does not include skilled nursing care.
A system which satisfies all the requirements of the New
Mexico Water Quality Control Commission Regulations, WQCC 82-1, November
18, 1993, including all collection systems, treatment systems and
effluent disposal systems.
A public water supply system which serves at least fifteen
(15) service connections used by year-round residents or regularly
serves at least twenty-five (25) year-round residents and is consistent
with the regulations of the New Mexico environment department and
the state engineer’s office. Community water systems are regulated
by the New Mexico environment department.
Finding as determined through application of rules of law.
A use that may be approved on a case-by-case basis in the
zones of this title where it is specifically listed as a conditional
use.
The legal arrangement of ownership of a dwelling unit as
provided in the New Mexico Building Unit Ownership Act or the New
Mexico Condominium Act, as may be amended, from time to time.
A voluntary negotiated legal agreement between a landowner
and nongovernmental, nonprofit conservation organization (usually
a land trust) that protects the natural characteristics of the land
by permanently limiting its future development according to the wishes
of the landowner. Conservation easements can protect agricultural
lands, forestlands, scenic views, important wildlife habitat, historical/archeological
sites, and sites for public education and recreation such as parks.
The landowner retains title to their property, can sell it or pass
it on to heirs, and may deny public access to the easement unless
it is for a park, or was made solely to protect historical/archeological
sites. Income and/or estate tax savings are often available to landowners
who donate conservation easements.
The design of new structures and additions or changes to
existing structures.
A line connecting points of equal elevation on a topographic
map.
A building or structure within a town historic overlay zone
that is approximately fifty (50) years old or older and is designated
by the historic preservation commission that contributes to the historic
character of the historic overlay zone and for which designation the
written consent of the property owner has been received prior to designating
a building or structure as a contributing property, or that is listed
in, suitable for, or in the opinion of the historic preservation commission,
is eligible to be listed in the State Register of Cultural Properties
and/or National Register of Historic Places.
An open space, more than half of which is surrounded by one
(1) or more buildings.
The removal of earth material from a slope.
A facility that provides regular supervision and care for
periods of less than twenty-four (24) hours per day to three (3) or
more children who are not members of the same family as the owner
or operator.
To review anew, afresh, or another time.
The grant of private land to the town where, after review
and advice of the commission, the land is determined by the town council
to be suitable for development of a public park or trail corridor.
The grant of private land to any public body for use by that
body and acceptance by that body.
The destruction and removal of a structure or any part or
parts of a structure that contributes to the structural integrity
of the structure or in a historic overlay zone that contributes to
the visual appearance of a building.
For commercial, industrial, professional and institutional
uses, the ratio of the total floor area of the structures to the area
of their site. For residential uses, the ratio of total floor area
of the structures to the area of their site and/or the number of dwelling
units allowed per acre of land as a result of the cumulative effect
of all applicable regulations in this title, including, but not limited
to, minimum lot size, setbacks, floor area ratio, maximum building
size, open space requirements, etc.
An increase in allowable density given as an incentive for
concentrating lot coverage on specific areas and allowing the remaining
land to be used for common activities, open space, recreation or preservation.
Any material change in the use or appearance of any structure
or land or any building or terrain modification, including, but not
limited to:
For purposes of the application of the open space performance requirements of section 16.20.090 of this title, “development” and “developer” shall mean the following:
“Development” is any land subdivision, site plan
approval or building permit issuance for new residential, commercial,
industrial or other construction, permanent relocation, or any other
situation which creates or enlarges one (1) or more structures on
a site, including, but not limited to, placement of mobile, modular
or manufactured structures.
Development shall not include building permit issuance for
construction, addition to or remodel of a single-family residence
on a residentially zoned parcel created prior to adoption of the ordinance
establishing in lieu fees.
Development shall also not include building permit issuance for construction, addition to or remodel of a single-family residence on a residentially zoned parcel that is created after the adoption of the ordinance establishing in lieu fees where such parcel is created under the alternate summary procedure of section 16.24.040 of this title.
“Developer” is any individual, estate, trust,
receiver, cooperative association, club, corporation, company, firm,
partnership, joint venture, syndicate or other entity requesting town
approval of land subdivision, site plan approval or building permit
issuance.
That portion of the ownership rights to property which includes
the right to develop property as allowed by this title.
A written document disclosing certain specified information
required by the New Mexico Subdivision Act, prior to selling any land
in order to permit a prospective purchaser to make an informed decision
about the purchase of land. A disclosure statement shall comply with
the requirements of the New Mexico Subdivision Act, section 47-5-4
New Mexico Statutes Annotated, 1978, as amended from time to time,
if different from the following:
It shall be unlawful to sell or lease until there has been
disclosed in writing to the purchaser or lessee of a lot or parcel
in the subdivided land, the following:
All restrictions or reservations of record which subject the
subdivided land to any unusual conditions affecting its use or occupancy;
The fact that any street or road facilities have not been accepted
for maintenance by a government agency when such is the case;
Availability of public utilities in the subdivision including
water, electricity, gas and telephone facilities;
If water is available only from subterranean sources the average
depth of such water within the subdivision;
The complete price and financing terms or rental; and
The existence of blanket encumbrances, if any, on such subdivision,
unless such blanketed encumbrances provide for a proper release or
subordination of said blanketed encumbrances to such lot or parcel.
Any lot having two (2) lot lines that front street right-of-way.
Right-of-way dedicated to the town for the purpose of handling
drainage.
A facility or structure that is designed to allow drivers
to remain in their vehicles before and during an activity on the site.
Examples are drive-up windows; menu boards; order boards or boxes;
gas pump islands; carwash facilities; auto service facilities, such
as air compressor, water, and windshield washing stations; quick lube
or quick oil change facilities; and drive-in theaters. Drive-in facilities
may serve the primary use of the site or accessory uses.
A building designed with two (2) attached dwelling units
and used exclusively for the occupancy of two (2) families living
independently of each other.
A single building with three (3) or more dwelling units.
One or more rooms connected together for residential occupancy
by not more than one family and which includes one or more bathrooms
and a single kitchen. A dwelling unit does not have more than one
meter per utility serving the dwelling unit; all rooms within a dwelling
unit shall have access through an interior door to other parts of
the dwelling unit. A dwelling unit includes a detached single-family
home.
A recorded document indicating the purpose for which a person,
government agency, or public utility company can use public or private
land.
Commercial establishments where food and/or alcoholic and
nonalcoholic drinks are stored, prepared, and served to the public
and consumed on-site in a dining room or seating area or carried out
in containers. Eating/drinking establishments include:
Bar/lounge.
Establishments in which, by authority of state liquor license,
alcoholic drinks are the primary products sold to customers. Such
establishments may or may not serve food and can have live entertainment
such as comedians, musicians, dancers, and/or speakers on a stage
(excluding adult entertainment/amusement activities).
Cafe.
Smaller establishments where food and drinks are stored,
prepared, and served to the public and menu variety is limited in
scope. Such establishments can include, but are not limited to: coffee
and dessert shops, gourmet sandwiches, and baked goods and/or specialty
beverages that may or may not be consumed on-site.
Cafeteria.
Establishments where food and drinks are stored, prepared,
and served to the public who choose a variety of items from a buffet
line.
Club.
Any membership organization catering exclusively to members
and their guests and whose facilities are limited to meeting, eating
and recreational activities, including, but not limited to, civic,
fraternal, charitable, religious, social and patriotic organizations.
Concession stand.
Small booth or room where fresh or prepackaged food and drinks
are stored, prepared and/or served to the public. Such an establishment
is characterized by a very limited menu and quick turnover in the
service of customers. It is often set up as an accessory to live events.
Delicatessen.
Smaller establishments where food and drinks are stored,
prepared, and served and may or may not be consumed on-site. The menu
is limited to gourmet sandwiches, baked goods, desserts and/or specialty
beverages.
Drive-in restaurant.
An establishment that delivers prepared food and drinks to
customers in motor vehicles, regardless of whether or not it also
serves prepared food and drinks to customers who are not in motor
vehicles, for consumption either on or off the premises.
Restaurant.
Establishments where food and both alcoholic and nonalcoholic
drinks are stored, prepared, and served to persons seated within the
building and within approved and restricted areas outside the building.
Such establishments’ menus are characterized by a high variety
of choices and can, by authority of issuance of state liquor license,
serve alcohol to the patron’s seat or have a bar within or attached
to the building.
Anyone who is in full-or part-time employment or an independent
contractor of a business or home occupation who visits the site on
a regular basis.
The wearing away of ground surfaces as a result of the action
or force of wind, water or ice.
Any type of tool, structure, plan, or device that mitigates
the effect that erosion has on land. Erosion control devices include,
but are not limited to: check dams, detention basins, and wire enclosed
riprap.
An officer of a board or commission, so appointed because
of his or her expertise in an area relevant to that board or commission’s
duties and/or functions.
The removal of earth material.
The entire building front including the parapet.
An individual or two (2) or more persons related by blood,
marriage, legal guardianship or adoption, plus resident domestic servants.
A commercial use characterized by activities that provide
entertainment appropriate for all family members including, but not
limited to, bowling alleys, go-cart/carnival/thrill rides, miniature
golf, pool halls or video arcades and theaters showing films or live
performances.
A structure of any material intended for security, privacy,
protection or for an enclosure, or to divert or regulate pedestrian
or vehicular traffic.
A deposit of earth material by artificial means.
The vote of the commission, historic preservation commission,
code administrator or town council which effectively disposes of a
matter pending before the town. Decisions regarding admissibility
of evidence, procedural matters that do not effectively dispose of
a pending matter, recommendations, findings of fact and conclusions
of law, and applications that require multiple approvals and that
have not been completed are not final decisions.
A conclusion by way of reasonable inference from the evidence.
An occasional or periodic sales activity within a building,
stalls, and/or an open space area where a person offers new or used
goods, services, or produce to the public. Flea markets and outdoor
displays do not include private yard or garage sales.
That portion of the floodplain which, during a 100-year frequency
flood:
On a predominantly residential property, the floodwater neither
attains a maximum depth greater than one foot (1') nor exceeds a numerical
product of four (4) when the velocity of the floodwaters in feet per
second is multiplied by the depth in feet; or
On a property not primarily residential, where the floodwater
neither attains a maximum depth greater than two feet (2') nor exceeds
a numerical product of seven (7) when the velocity of the floodwaters
in feet per second is multiplied by the depth in feet.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
The maximum rate of stormwater runoff resulting from a 100-year
flood.
The area inundated by the 100-year flood, which contains
the floodway and flood fringe.
That portion of the floodplain not located within the flood
fringe which contains the higher velocity stormwaters and is adjacent
to the land areas that must be reserved in order to discharge the
100-year flood without cumulatively increasing the water surface elevation
more than one foot (1') in height.
The sum of the total horizontal areas of all floors of all
structures on a lot, measured from the exterior faces of exterior
walls. Gross floor area includes, but is not limited to, basements,
attics, shafts, stairwells, porches, balconies, garages and storage
space.
The total horizontal areas of all floors of all structures
on a lot, measured from the exterior faces of exterior walls, that
are heated and therefore used as living space. Heated floor area excludes
any area not suitable for day-to-day human occupancy, such as vents,
shafts, balconies, porches, stairwells, garages and storage space.
The length of any one property line of a premises, which
property line abuts a legally accessible street right-of-way.
A line running approximately parallel to the centerline of
certain existing or proposed streets for the purpose of delineating
the future width of street rights-of-way.
A place for the exhibition or sale of works of art including,
but not limited to, collections of paintings, pictures, photographs,
and other works of art which may or may not be produced on the premises.
An accessory structure or part of a dwelling designed and
used for housing one or more vehicles owned and used by the occupants
of the principal building.
A structure, or portion thereof, designed and used for short
term parking or storage of motor vehicles.
A building, or portion thereof, designed and used for the
service, repairing, or equipping of motor vehicles. A service garage
may also contain facilities for the retail sale of gasoline and other
automotive products.
A retail establishment that specializes in offering a variety
of products for sale that may or may not be made up of departments
within the building that, in turn, specialize in certain products.
General merchandise retail includes:
Convenience store/small grocery without fuel sales.
A retail establishment offering a variety of products for
sale that may or may not include prepackaged food products, household
items, and other goods commonly associated with the same, with a gross
floor area of less than five thousand (5,000) square feet.
Convenience store with fuel sales.
A retail establishment offering a variety of products for
sale that may or may not include fuel, prepackaged food products,
household items, and other goods commonly associated with the same,
with a gross floor area of less than five thousand (5,000) square
feet.
Department store.
A retail establishment, organized into departments, offering
a variety of products for sale that may or may not include prepackaged
food products, household items, and personal services, with a gross
floor area of over five thousand (5,000) square feet.
Discount store.
A retail establishment, generally organized into departments,
offering a variety of products for sale that may or may not include
prepackaged food products, household items and personal services,
with a gross floor area of over five thousand (5,000) square feet.
Prices at discount stores are considered lower than other general
merchandise establishments.
Grocery store.
A retail establishment offering a variety of fresh and prepackaged
foods for sale, with a gross floor area of over five thousand (5,000)
square feet.
Pawnshop.
A retail establishment which lends money or extends credit
on the security of pledged goods or by purchasing tangible personal
property with an implied agreement or understanding that it may be
redeemed or repurchased by the seller at a stipulated price.
Supermarket.
A retail establishment with a gross floor area of over five
thousand (5,000) square feet and offering a variety of fresh and prepackaged
food for sale; it may contain other specialty retail or personal service
uses within the building. A supermarket is generally organized into
departments specializing in different food items and may or may not
include a meat/fish department, produce department, bakery, and coffee
shop, video/DVD rental, photo developing, and pharmaceuticals.
Existing grade shall mean undisturbed ground level prior
to construction which is to be determined by on-site evidence such
as vegetation, ground level on adjacent land, etc.
The grade after completion of all approved site grading.
Any excavating or filling or combination thereof.
Temporary living quarters within an accessory building located
on the same lot and detached from the principal dwelling, located
a minimum ten feet (10') from the principal dwelling, which is used
or occupied by friends or relatives of the occupants of the principal
dwelling, which shall not be rented or otherwise occupied for monetary
or other consideration, which shall not be greater in size than fifty
percent (50%) of the heated floor area of the principal residence
and which shall not be used as a separate dwelling.
Temporary living quarters within an accessory building located
on the same lot and detached from the principal dwelling, located
a minimum ten feet (10') from the principal dwelling, which is rented
for a period of thirty (30) days or more, which shall not be greater
in size than fifty percent (50%) of the heated floor area of the principal
residence.
Town employee or independent contractor appointed by the mayor, with the consent of the town council or code administrator, who performs duties assigned throughout this title and all other town ordinances, and such other duties assigned by the town council, the town administrator or the code administrator. Upon request of the commission, the hearing officer may conduct a public hearing and make recommendations, findings of fact and conclusions of law on any matter before the commission. See section 16.12.030.2 of this title.
Vegetation intended for security, privacy, protection, landscaping,
or for an enclosure, or to divert or regulate pedestrian or vehicular
traffic.
Any area which has been officially designated a historic
district by decision of the town council and which has been included
in or as an overlay zone on the town’s official zoning map.
Historic districts may also be designated and regulated by the State
of New Mexico department of cultural affairs and the U.S. Department
of the Interior, and are regulated by those entities.
Any area officially designated a historic overlay zone by
decision of the town council and which has been included as a historic
overlay zone on the town’s official zoning map. Historic overlay
zones are the same as or inclusive of one or more historic districts.
The town historic preservation commission. See section 16.12.020.4 of this title for the powers and duties of the historic preservation commission.
A voluntary, negotiated legal agreement between a landowner
and a nongovernmental, nonprofit conservation organization to protect
a contributing property and its ancillary structures.
Any occupation, profession or activity conducted by the residents of a lot or lots that is customary, incidental and secondary to the primary residential use of a property, and that is not visible or evident on the lot or lots. A home occupation shall comply with strict regulations in order to maintain the residential character of a neighborhood and protect the health and safety of adjacent and neighboring properties and property owners. See section 16.20.070 of this title.
Any publicly or privately owned medical facility providing
medical or surgical treatments for sick or injured persons with inpatient
services for patients available for a period exceeding twenty-four
(24) hours, and with such related accessory facilities such as laboratories,
outpatient services, training facilities, and staff offices.
A building in which temporary lodging is provided to the
public for compensation; contains six (6) or more rooms for temporary
lodging; provides additional services such as meals, meeting rooms,
and entertainment; and provides ingress and egress from all rooms
through an inside lobby or office which is supervised by a person
in charge at all times. A hotel is distinct from a “motel”,
“bed and breakfast inn”, and a “boarding house”,
which are separately defined.
A single-family, detached dwelling unit; a building containing
only one dwelling unit.
Use characterized by manufacturing of finished products or
parts, predominantly from previously prepared materials. Specific
uses in this title classified as industrial are: light manufacturing
or processing, truck transportation terminals, warehousing or storage
buildings, wholesaling or distribution operations, and automobile
salvage or junk yards.
A private or public facility supported by profit or nonprofit
and providing healthcare, housing, educational, religious, technical/vocational
training, civic services, and/or recreational functions. Specific
uses in this title classified as institutions include, but are not
limited to: cemeteries; churches; hospitals; nursing home or assisted
living; public buildings or facilities; public utilities; residential
treatment centers or group homes; and schools, colleges or academies.
A facility licensed to house dogs, cats, or any other household
pets or aggregate thereof, where grooming, breeding, boarding, medical
treatment or training of animals is conducted as a business.
An area of a dwelling unit where there is a two (2) basin
sink and a significant cooking appliance, including, but not limited
to: a range, oven, microwave oven, or hot plate, in close proximity.
An ordinance of the town, amended from time to time, to control
the development and use of land within the municipal boundaries of
the town.
Any multi-family residential project having six (6) or more
residential units.
The manufacturing and assembly of small electronic or machine
parts, consumer goods, food or food ingredients, dry goods and other
similar goods and services produced or assembled inside a building.
Light manufacturing may also include the packaging, storage, sales,
distribution and transportation of such products, but excludes basic
industrial processing.
An off-street space logically and conveniently located for
the loading and unloading of goods, scaled to expected delivery vehicles
and accessible to such vehicles even if other loading spaces are filled.
The minimum dimensions of a loading space shall be not less than twelve
feet (12') wide, twenty-five feet (25') long and with a minimum vertical
clearance of fourteen feet (14'). A loading space shall not be included
as required off-street parking and shall have direct access to a street,
alley, or other public way.
Land use dedicated to providing sleeping accommodations through
the rental of rooms, apartments, and/or cabins to the general public
paying a daily rate. Such establishments can provide additional services
like recreational amenities, eating/drinking establishments, and/or
meeting rooms and kitchens for private use. Specific uses in this
title classified as lodging establishments are: bed and breakfast
inns, boarding houses, hotels, motels and cabins.
Any use of land or space that is utilized in the intended
manner for a period of thirty (30) days or more.
An integral and contiguous unit of land that is:
A lot of record which is precisely identified by a legal description
and:
A platted lot which is precisely identified by a separate and
distinct lot number or other designation as shown on a subdivision
plat legally recorded in the office of the county clerk pursuant to
a legally created subdivision.
A lot having an interior angle of less than or equal to one
hundred thirty-five degrees (135°), formed by the intersection
of two (2) or more streets.
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The total square footage of all structures on a lot divided
by the total area of the lot.
The horizontal distance between the front and rear lot lines
measured in the mean direction of the side lot lines.
A lot with two (2) distinct parts: the flag, which is the
building site and is located behind another lot; and the pole which
connects the flag to the street, including access easements.
In the case of an interior lot, a line separating the lot
from the street; in the case of a corner lot or reverse corner lot,
any yard abutting a street; in the case of a flag lot, the lot line
closest to and most nearly parallel with the street which serves the
lot; in the case of a through lot, the lot lines abutting all streets;
and, in the case of a hairpin lot, the total frontage of the street
or streets shall be considered the front lot.
A lot having frontage on a street comprising of more than
fifty percent (50%) of the total perimeter of the lot.
A lot with frontage on only one street.
That lot line which is opposite and approximately parallel
to the front lot line. In case of an L-shaped or other irregularly
shaped lot where two (2) or more lot lines are so located, all shall
be considered rear lot lines, except those lot lines as may be within
fifty feet (50') of the front lot line, or which may be twenty feet
(20') or less in length. If a lot comes to a point at the rear, then
the rear lot line shall be an imaginary line parallel to the front
lot line, not less than ten feet (10') in length, lying wholly within
the lot and farthest from the front lot line.
A corner lot, the rear of which abuts the side of another
lot, whether across an alley or not.
A lot other than a corner lot and reversed corner lot having
front and rear lot lines abutting streets. Where a corner lot has
the same dimensions on the two streets upon which it abuts, the lot
line abutting the street upon which the building or structure erected
or to be erected has its principle entrance shall be deemed to be
the front lot line; where the lot or parcel is a through lot, the
lot line where the principal access to the lot or parcel is provided
shall be deemed to be the front lot line; rear lot lines abutting
streets.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building lines.
A structure, transportable in one or more sections, which
in the traveling mode, is eight (8) body feet or more in width and
forty (40) body feet or more in length, or, when erected on-site,
is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning and electrical
systems contained therein. Manufactured homes are homes built in accordance
with the Department of Housing’s [Department of Housing and
Urban Development’s] National Manufactured Housing Construction
and Safety Standards Act of 1974, and built after June 15, 1976.
A duly adopted plan or any of its parts, for the development
of the area within the planning and platting jurisdiction of the town
for the general purpose of guiding and accomplishing coordinated,
adjusted, and harmonious development of the town which will, in accordance
with future needs, best promote health, safety, morals, order, convenience,
prosperity or the general welfare as well as efficiency and economy
in the process of development, including, but not limited to, the
town’s master plan.
Mixed use developments may include:
Mixed use commercial.
Neighborhood development areas where nonresidential land
uses, such as commercial, civic and open space, are combined with
residential land uses, either in close proximity with each other,
or within single structures.
Mixed use residential.
Neighborhood development areas where a residential area contains
a variety of housing types that may include single-family, duplexes,
townhomes, multi-family and manufactured housing.
Movable or portable housing structure larger than forty feet
(40') in body length, eight feet (8') in width or eleven feet (11')
in overall height, designed for and occupied by no more than one family
for living and sleeping purposes that is not constructed to the standards
of the United States Department of Housing and Urban Development,
the National Manufactured Housing Construction and Safety Standards
Act of 1974, and the Housing and Urban Development Zone Code 2 or
Uniform Building Code, as amended to the date of the unit’s
construction, or built to the standards of any municipal building
code.
A facility designed and used for single-family residential
occupancy exclusively in mobile homes with pads or sites that are
rented or leased for periods of thirty (30) days or more, and/or which
are sold, exclusively for mobile home placement and occupancy.
A subdivision in which lots are sold for mobile home occupancy.
A building or group of attached, semiattached or detached
buildings on a lot containing individual sleeping or dwelling units
with garage attached or parking spaces conveniently located to each
unit, all for temporary use by automobile tourists or transients;
and which includes auto courts, motor lodges, and auto camps, but
not a hotel, boarding house, bed and breakfast inn, mobile home park
or recreational vehicle park.
A manufactured or modular home that is a single-family dwelling
with a heated area of at least thirty-six by twenty-four feet (36'
x 24') and at least eight hundred sixty-four (864) square feet and
constructed in a factory to the standards of the United States Department
of Housing and Urban Development, the National Manufactured Housing
Construction and Safety Standards Act of 1974, and the Housing and
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 and with the regulations made pursuant
thereto relating to permanent foundations.
A use, building, structure, sign, object, or lot which lawfully existed prior to August 14, 1974, or lawfully existed at the time of any amendment to this title adopted subsequent to August 14, 1974; that does not conform to the applicable restrictions of this title, as amended, for the area or zone within which it is situated; and which is continuously maintained and not abandoned from the date upon which this title, or any amendment to this title, created the nonconformity. A certificate of nonconformity shall be issued if the nonconformity has been legally established or in existence as required in section 16.04.130 of this title and any other applicable provisions of this title.
A building or structure within a town historic overlay zone
that is not designated as a contributing property.
A facility that provides regular supervision and educational
services for periods of less than twenty-four (24) hours per day to
three (3) or more children who are not members of the same family
as the owner or operator. Nursery schools include such facilities
as kindergartens, day nurseries, and daycare homes for children.
A building where lodging, meals, and nursing, dietary, or
other personal services are rendered to one or more convalescents,
invalids or aged persons for compensation, but excluding cases of
contagious or communicable diseases, surgery or primary treatment
customarily provided in sanatoriums or hospitals.
Land used for recreation, natural resource protection, amenity
and buffers. Open space is intended to provide light and air, and
is designed for environmental, scenic or recreational purposes.
The total amount of a development required by the provisions of the open space performance standards of section 16.20.090 of this title to be committed to town approved dedicated usable public and/or reserved usable private open space, or alternatively, to be satisfied by payment of in lieu fees.
Land designated by the town to fulfill the open space requirements
of this land use development code shall consist only of land that
is accessible to the general public or all residents of a development
and thus shall not include setbacks, driveways, parking lots and other
surfaces designed or intended for vehicular travel or private use.
Usable open space may include, but is not limited to, walkways, trails,
parks, active and passive recreation areas, arroyos, streams, rivers,
acequias, courtyards and plazas. Except for trails, in most cases,
a minimum thirty-five foot (35') width is required to qualify as usable
open space.
The display of merchandise and/or inventory for the purpose
of sale outside of a business that is registered at the physical address
of a permanent structure on the same lot, except for plant nurseries,
building supply yards, motor vehicles, mobile home sales lots, newspaper
vending machines and other similar uses which comply with all other
requirements of this title.
A zone designation which is applied to land in addition to
the underlying zone designation and which requires that a property
owner must satisfy all the requirements and conditions of the underlying
zone as well as the additional requirements and conditions of the
overlay zone.
A continuous quantity of land in the possession of, owned
by, or recorded as the property of, the same person or persons.
The fee which shall be paid, to the extent that town approved park dedication and/or private reservation areas fail to fully satisfy the total usable open space requirements imposed upon development by the open space performance standards of section 16.20.090 of this title.
A plan drawn to indicate the proposed area of a development that shall contain the parking of automobiles. See section 16.20.040 of this title.
Delineated space reserved for handicapped persons within
a building or parking area for the temporary parking or storage of
one (1) automobile, consisting of a minimum area of ninety-six inches
(96") in width and having an adjacent access aisle at least sixty
inches (60") wide, exclusive of streets, alleys, driveways, and having
access at all times to public street or alley.
Delineated space within a building or parking area for the
temporary parking or storage of one (1) automobile consisting of a
minimum area of nine feet (9') in width by eighteen feet (18') in
length, exclusive of streets, alleys, driveways, aisles and the area
of egress and ingress, and having access at all times to a public
street or alley.
Interior, roofless courtyard used for dining or recreation
and adjoining a residence.
Land use controls that guide the overall design of a development,
including the appearance of buildings and the appearance of the site
on which building(s) are located. In this title, performance standards
include, but are not limited to, buildings, landscaping, lighting,
architectural design, parking, road design, signage, terrain management,
and environmental standards.
A document which grants an applicant the right to do something.
Commercial use that offers to patrons services that are typically
utilized on-site and may or may not sell tangible items. Such establishments
may offer self-improvement services through physical changes or education.
Specific uses in this title classified as personal service retail
establishments are art studios; barber or beauty shops; branch banks
or financial institutions; commercial parking lots; dance, karate
or personal performance studios; daycare; dry cleaning; health spa
or fitness club; animal kennel or boarding; laundry; massage parlor
or service; motor vehicle service or repair, including car washes
and/or motor vehicle fueling stations; mortuary/funeral home; photo
processing; photography studios and personal storage.
The development of a parcel of undeveloped land for multiple compatible uses in an orderly manner, and pursuant to this title. See section 16.16.190 of this title.
Landscaped area that separates vehicular use from adjoining
property and/or public right-of-way used to enhance the visual appearance
of the site and to provide screening of the vehicular use and certain
other activities from the public right-of-way and abutting property.
A map, chart, survey, plan or replat certified by a licensed
registered land surveyor in New Mexico containing a description of
land with ties to permanent monuments.
The combining of two (2) or more lots into one lot. The commission
shall exercise its discretion to approve or disapprove the proposed
plat vacation in accordance with section 3-20-12.B New Mexico Statutes
Annotated, 1978, as amended. The rights of any easement already existing
shall not be affected by any vacation of all or part of a plat.
A covered area, having a separate roof, at the entrance of
a door leading into a structure.
A covered doorway or entrance to a structure.
Any structure which is composed of components or parts which
have been fabricated at a factory or other location so that construction
consists mainly of assembling and uniting standardized parts.
A presentation at which the applicant shall have the opportunity
to informally explain the proposed development to the commission or
historic preservation commission.
The act or process of applying measures necessary to maintain
the existing form, integrity, and materials of a contributing property
or structure. Work, including preliminary measures to protect and
stabilize the property, generally focuses upon the ongoing maintenance
and repair of historic materials and features rather than substantial
replacement and construction.
The offices of individual(s) engaged in a vocation or occupation
requiring special, usually advanced education, knowledge and skills.
The labor and skill involved in a profession is predominantly mental
or intellectual, rather than physical or manual. Specific uses in
this title classified as professional offices or services are: architectural
firms; medical, dental or alternative medicine clinics; consultation;
engineering firms; financial or accounting consultation firms; general
contractor offices; insurance office; real estate office; law office;
management firm; and veterinary establishments.
The right for any person affected by the matter which is the subject of the hearing to appear and give evidence before the governmental body hearing the matter. See section 16.12.040.7 of this title.
Procedure by which the public is notified of any action or decision requiring a public hearing by this title. See section 16.12.040.5 of this title.
A building, structure or any part thereof that is visible
from a public street or public way.
The act or process of depicting, by means of new construction,
the form, features and detailing of a nonsurviving contributing property
for the purpose of replicating its appearance at a specific period
of time and in its historic location.
Land use characterized by access to outdoor or indoor activities
designed for entertainment and/or relaxation purposes. Such uses may
or may not involve lodging in proximity to recreational activities
through camping and/or recreational vehicle parking. Specific uses
in this title classified as recreational uses are campgrounds; golf
course/driving range; parks; recreational vehicle parks; riding stables;
and wildlife sanctuaries, woodland preserves or arboretums.
A self-propelled motor vehicle used for travel, recreation
and/or vacation. Recreational vehicles include, but are not limited
to, motor homes, travel trailers, and all-terrain vehicles.
Any lot of land upon which two (2) or more motor home or
travel trailer sites are located, established, or maintained for occupancy
by recreational vehicles of the general public as temporary living
quarters for recreation and vacation purposes.
The act or process of making possible a compatible use for
a contributing property or structure through repairs, alterations,
and additions while preserving those portions or features which convey
its historical, cultural or architectural value.
Permanent designation of and provision by appropriate recorded easements, covenants, conditions and restrictions which are approved as to form by the town attorney for the creation of and continuing maintenance of private usable open space within a development, provided that the privately reserved open space area is determined by the town to meet the needs of occupants of the development, pursuant to the provisions of the open space performance standards of section 16.20.090 of this title.
Use characterized by permanent occupancy of a family. Specific
uses in this title that are classified as residential land use include
single-family dwellings, two-family attached or semiattached dwellings,
multi-family dwellings, guesthomes, mobile homes, mobile home parks,
storage of recreational vehicles and home occupations.
The act or process of accurately depicting the form, features,
and character of a contributing property as it appeared at a particular
period of time by means of the removal of features from other periods
in its history and reconstruction of missing features from the restoration
period.
Water from natural precipitation which flows over the surface
of the land and does not percolate into the soil.
A unit of measurement that compares the parts of a building,
structure, block or district to a standard.
A drawing in which there is a fixed ratio between the actual
dimension and the drawing dimensions.
Two (2) or more buildings that are attached at least at one
(1) point, including duplexes, townhomes and garden homes.
A tank plus a leaching field or trenches in which sewage
is treated by bacterial action which must be permitted in accordance
with the New Mexico environment department regulations.
The distance from the street or lot line within which buildings
or structures cannot be erected, except as authorized in this title.
Any use of land or space that is utilized in the intended
manner for a period of thirty (30) days or less.
Any object, structure, symbol, banner, streamer, letter,
number, emblem, logo, color, display or light, or any combination
thereof, which is intended to or does identify, advertise, promote,
or attract attention to any property or is intended to inform the
public of sales, rentals, leases or other activities. Signs include
matter painted on, affixed to or displayed from a building or structure,
or freestanding upon the site, but exclude notices or playbills displayed
inside a building or glass fronted display case.
A plan or map, prepared to scale, showing uses and structures proposed for a parcel of land as required by this title. It includes, as required by this title, lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and artificial, and the locations of proposed utility lines. See section 16.20.080 of this title.
The ratio of vertical rise or fall to horizontal distance
of terrain measured perpendicular to the contour lines at horizontal
intervals of more than ten feet (10') and calculated as follows:
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H - L x 100
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D
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H = Highest elevation on the portion of the land measured;
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L = Lowest elevation on the portion of the land measured; and
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D = Horizontal distance between H and L.
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A permit granted by the commission in any zone, except the ARO, for a special use listed in section 16.16.210 of this title.
A retail establishment that specializes in offering a single
product or a specific variety of products for sale. Specific uses
in this title classified as specialty retail establishments are: arts
and crafts shops or galleries; antique stores; appliance stores; automobile/pleasure
craft dealerships; bakeries or confectioneries; book or stationery
stores; butchers; retail or rental clothing; computer sales and service;
electronics store; feed or farming store; flower shop; furniture sales,
production or stripping; hardware store; hobby, collector or gift
shops; home accessory store; jewelry sales or repair; large equipment
rental and sale; machine shop; handicrafts manufacturing; mobile homes
sales and service; notions and fabric stores; nursery or greenhouse;
package liquor sales; pet sales, grooming and obedience; pharmaceuticals;
drugstores; printing, publishing and photocopying; radio and television
production and sales; repair shops; shoe sales, repair and shine;
sporting goods stores; and videotape rental.
Less than completely and opaquely covered:
Human genitals, pubic region;
Buttock;
Female breast below a point immediately above the top of the
areola to and including the bottom of the breast; covering of only
the nipple and areola of the breast does not constitute such covering;
or
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
A parcel with two (2) or more zoning designations, excluding
overlay zoning designations.
Housing for one or more domesticated animals with hoofs.
Items that are maintained or held on a permanent basis. Storage
does not include inventory for sale, or vehicles kept at auto repair
or auto body shops for less than thirty (30) days in a twelve (12)
month period.
Include, but are not necessarily limited to: drainage courses,
constructed channels, underground storm sewers, drop inlets, detention
basins and other drainage improvements.
The portion of a building included between the surface of
a floor and the next floor above it, except that the topmost story
shall be that portion of a building included between the surface of
a floor and the ceiling or roof above. In residential development,
a story does not exceed twelve feet (12').
All property dedicated to public use or used by the public
arising from public easements for access by motor vehicle to abutting
lands, whether designated as a street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place or however otherwise
designated.
Alleys.
Minor ways which are used primarily for vehicular service
access to the back or the side of properties otherwise abutting on
a street.
Arterial.
A major way used for fast or heavy traffic.
Arterial, minor.
Routes with linkage to cities, larger towns, and other traffic
generators that attract travel over similarly long distances. They
provide an interconnecting network between most larger cities and
towns.
Arterial, principal.
Routes serving predominantly through traffic which connect
major urban areas.
Collector, rural major.
A road which provides service to any county seat, not on
an arterial route to those larger towns not directly served by the
higher systems and to other traffic generators of equivalent intracounty
importance such as consolidated school shipping points, county parks,
important mining and agricultural areas, etc. Collectors link these
places with nearby towns or cities, or with routes of higher classification
and serve the more important intracounty travel corridors not classified
as minor arterial.
Collector, rural minor.
A road network, spaced at intervals consistent with population
density, that collects traffic from local roads and brings all traffic
from a local road to a major collector road. The rural minor collectors
provide service to the remaining smaller communities and link locally
important traffic generators with rural areas.
Collector streets.
A street which carries traffic from local streets to the
major system of arterial streets and highways and includes the principal
entrance streets to a residential development and principal streets
for circulation within such a development.
Cul-de-sac.
Local street with only one outlet and culminated by a turnaround.
Dead end.
A street with a single common ingress and egress.
Limited access highway.
A highway, especially designed for through traffic, over
which abutting lot owners have no right to light, air, or direct access.
The interstate highways, parkways, and freeways are considered limited
access highways.
Local street.
A street used primarily for access to the abutting properties.
Marginal access street.
A local street which is parallel to adjacent arterial streets
and highways, which provides access to abutting properties, and which
provides protection from through traffic.
Roadways.
Those portions of streets available for vehicular traffic
and, where curbs are laid, the portion of the street between the curbs.
Way, private.
A road open to vehicular ingress and egress established as
a separate tract for the benefit of certain adjacent properties. A
private way does not include driveways.
Anything constructed, erected or placed which requires location
on, in, or under the ground or water or is attached to something having
a location on, in, or under the ground or water, for use, occupancy,
or ornamentation, including, but not limited to, buildings, manufactured
buildings, mobile homes, gazebos, bridges, culverts, catch basins,
drop inlets, walls, sewers, fences, tennis courts, and swimming pools.
The working space of a painter, sculptor, or other artist,
limited to the production and sale of works of that artist, and to
one employee.
Any person dividing or proposing to divide any parcel of
land into two (2) or more parts for the purposes of a subdivision.
An area of land, the surface of which has been divided into
two (2) or more parts by platting or by metes and bounds description.
A map and other submittals as required by the subdivision
regulations for a proposed land subdivision showing the character
and proposed layout of the tract in sufficient detail to indicate
the proposed subdivision of land. See this title at the following
sections:
Sketch plan: Section 16.24.030.4.
Preliminary plat: Section 16.24.030.5.
Final plat: Section 16.24.030.6.
Use for a maximum one hundred eighty (180) day period authorized
by the code administrator or the commission.
One or more lots of contiguous land having one owner.
Trail corridors are located on narrow pieces of land to facilitate
development of a planned alternative public transportation network,
which may also fulfill recreational needs of the community.
A vehicle, regardless of size, without motive power, designed
to be towed by a motor vehicle.
A structure capable of transmitting light so that objects
or images beyond it can be seen as if there were no intervening material.
Any trailer designed as a temporary dwelling for travel,
recreational and vacation uses.
The purpose for which land or buildings are arranged, designed,
intended or the purpose for which they may be occupied or maintained.
An approved deviation or departure from the development standards
of the zone in which the property is located or the performance standards
of chapter 16.20 of this title.
A structure of adobe, stone, brick or other material intended
for security, privacy, protection, or for an enclosure, or to divert
or regulate pedestrian or vehicular traffic.
A wall designed to resist the lateral displacement of soil
or other materials.
Any river, stream, creek, canyon, draw, wash, or any other
channel having a definite bank and bed with visible evidence of the
continual or occasional flow of water.
Any day on which the town is open to the public for the transaction
of business.
(Ordinance 99-05 adopted 1999; Ordinance 02-11 adopted 2002; Ordinance
03-07 adopted 2003; Ordinance 03-21 adopted 2003; Ordinance 04-03 adopted 2004; Ordinance 04-06 adopted 2004; Ordinance 04-15 adopted 2005; Ordinance
09-18 adopted 2009; Ordinance 09-19 adopted 2009; Ordinance 10-07 adopted 2010; Ordinance 11-04 adopted 2011; Ordinance 16-04 adopted 2016; Ordinance
16-21 adopted 2016; Ordinance 17-07 adopted 2017; Ordinance 23-04 adopted 3/28/2023)
