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.
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.
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.
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:
Promote the health, safety and welfare of the City of Española;
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;
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.
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;
Establish land use districts and provide for the appropriate regulation of land use within those districts;
Divide the City of Española into zoning districts according to the use of land and structures and the intensity of such use;
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;
Provide for harmonious development in the City of Española;
Provide for coordination of street and infrastructure development;
Provide for safety in the community;
Preserve the natural beauty, vegetation and topography, and prevent the pollution of air, water and the general environment;
Ensure adequate drainage and availability of utility resources and facilities;
Provide flexible regulations which encourage compatible, creative and efficient uses of land;
Provide for the administration and enforcement of this chapter; and
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 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.
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:
The general location, character and extent of streets, bridges, viaducts, parks, parkways, playgrounds, airports and other ways, grounds, places and spaces.
The general location of public schools, public buildings and other public property.
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.
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.
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.
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.
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, covenants 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.
The following general regulations apply:
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.
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.
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.
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.
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.
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.
Street frontage. No building shall be erected on any lot which 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.
Rules of construction. The following rules apply to definitions listed in this chapter:
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.
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.
Interpretation of specific terms. The words "shall" and "will" are mandatory. The word "may" is permissive. The word "structure" includes a "building"; the word "building" or "structure" includes 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.
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.
This chapter shall be construed as gender-neutral. All words, terms or phrases expressing the masculine identity shall be deemed to include the feminine.
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:
- ABANDONED STRUCTURE
- 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.
- ACCESS and ACCESSWAY
- The means of ingress to or egress from a property
- ACCESSORY APARTMENT
- Separate living quarters on the same lot as, and used in conjunction with, a main dwelling.
- ACCESSORY BUILDING
- A building, 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.
- ACCESSORY USE
- 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.
- AGGRIEVED PARTY
- Any person who:
- A public way which is a secondary means of vehicular access to abutting properties.
- APARTMENT HOUSE
- 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.
- AUTOMOBILE SERVICE STATION
- 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."
- BASELINE DATA
- 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.
- BOUNDARY MONUMENT
- A permanent object indicating a corner in the boundary of a lot.
- A roofed, open-sided passageway which provides direct access between buildings.
- BUFFER AREA
- 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.
- BUILDING, MAIN
- 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.
- BUSINESS PARK
- 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.
- A permanent roofed structure with not more than two enclosed sides used for automobile storage.
- CHILD-CARE CENTER
- A home or business which provides care, service and supervision for children for fewer 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.
- CITY ATTORNEY
- The City Attorney for the City of Española or his designee.
- CITY CLERK
- The City Clerk for the City of Española or his designee.
- CITY COUNCIL
- The governing body of the City of Española.
- CITY ENGINEER
- The engineer or engineering firm as may be hired or serving under contract for the City of Española.
- CITY MANAGER
- The City Manager for the City of Española or his designee.
- CITY OF ESPAÑOLA
- The incorporated City of Española, New Mexico.
- CLUB, PRIVATE
- 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.
- COCKTAIL LOUNGE OR BAR
- 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.
- COMMERCIAL CENTER
- 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.
- A combination of two or more uses located on the same lot and sharing common facilities. Included in this definition are multiple-building complexes.
- COMPREHENSIVE PLAN
- 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.
- CONCEPT SITE PLAN
- A site plan that depicts only a general design, intended for review by City of Española staff or the Development Review Committee.
- 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.
- CONSOLIDATION PLAT
- A plat combining two recorded lots into one lot.
- CONSTRUCTION PLANS
- 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.
- CONVALESCENT HOME
- 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.
- CORRECTION PLAT
- The plat filed for the correction of an error, other than a lot line adjustment, for an approved and recorded plat.
- COURT and COURTYARD
- 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.
- DAY-CARE CENTER/FACILITY
- A home or business which provides care, service and supervision for at least five but no more than 12 children for fewer than 24 hours per day and regulated by the State of New Mexico.
- DAY-CARE HOME
- 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 fewer 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.
- DECISION-MAKING AUTHORITY
- 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.
- DEDICATED LAND
- 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.
- DEVELOPMENT CODE
- The City of Española Official Development Code, which is adopted by ordinance, and may be amended from time to time.
- DEVELOPMENT REVIEW TEAM (DRT)
- 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), Utilities Director, Public Works Director, Parks, Recreation Director, City Engineer, Police Chief, Fire Chief and any other department head who could or may have issues with the proposed development.
- DISTRICT PLAN
- 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.
- DRAINAGE SYSTEM
- Natural swales and/or man-made improvements designed to accommodate drainage on a parcel.
- DRIVE-IN OR DRIVE-THROUGH FACILITY
- 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:
- DWELLING UNIT
- 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.
- EQUESTRIAN TRAIL
- 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.
- ESCROW AGREEMENT
- 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.
- FENCE HEIGHT
- 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.
- 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. The term "grade" is expressed as the slope in percentage terms.
- GRADING PLAN
- 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.
- GROSS SITE AREA
- 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.
- GROUND COVER
- 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).
- GROUP HOME
- 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 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.
- GUEST ROOM
- A room, having no kitchen facilities, for occupation by one or more guests.
- A plant or series of plants or other landscape material so arranged as to form a physical barrier or enclosure.
- HEIGHT OF STRUCTURE
- 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.
- HOME BUSINESS
- A home occupation that employs more than one nonfamily member.
- HOME OCCUPATION
- 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.
- HOTEL or MOTEL
- 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.
- IMPACT REPORTS
- 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.
- INDUSTRIAL USE
- 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.
- (1) Any motor vehicle or vital component parts thereof which are either:
- (2) 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, drive train 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.
- JUNKYARD and SALVAGE YARD
- 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.
- LANDSCAPE PLAN
- A plan graphically showing the areas to be landscaped, types of landscaping materials, irrigation, the final design of all landscaping areas, and long-term maintenance.
- 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.
- LEGAL HOLIDAY
- A holiday granted to regular employees of the City of Española pursuant to personnel rules and regulations.
- A parcel of land, the legal description of which is duly recorded with the County Clerk and which includes:
- LOT SPLIT
- The subdivision of one recorded lot into two lots.
- The brightness of an object expressed in terms of footlamberts, determined from a point five feet above grade on other premises or the public right-of-way, but no closer than 20 horizontal feet to the object measured.
- MANUFACTURED HOUSING
- A portable housing structure larger than 40 feet in body length, eight feet in width or 11 feet overall height, designed for one family for living and sleeping purposes. It does not include structures built to the standards of the New Mexico Building Code and National Manufactured Home Construction and Safety Standards Act.
- MANUFACTURED HOUSING DEVELOPMENT
- 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.
- MANUFACTURED HOUSING PARK
- 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.
- MANUFACTURED HOUSING SITE
- The portion of a manufactured housing park or development that is designated as the location for manufactured housing and accessory structures.
- MANUFACTURED HOUSING SUBDIVISION
- A subdivision designed and/or intended for the sale of individual lots for siting manufactured housing. It can also include a condominium.
- MASTER PLAN
- A plan developed for a specific area within the City of Española.
- MULTIPLE-TENANT BUILDING
- A single structure housing two or more retail, office, commercial or industrial uses.
- NET FLOOR AREA
- 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.
- NET SITE AREA
- The area of a horizontal plane within the property lines of a lot, less the area of all land designated for public use.
- NET USABLE AREA
- The total floor area designed for tenant occupancy and exclusive use, expressed in square feet measured from the inside of walls.
- NONCONFORMING STRUCTURE
- 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.
- NONCONFORMING USE
- 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.
- OFFICIAL ZONING MAP
- 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.
- 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.
- OFF-STREET PARKING
- The area required by this chapter for temporary vehicular parking.
- OPEN SUN SCREEN
- 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.
- OVERLAY DISTRICT
- 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."
- PARKING FACILITY
- 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.
- PARKING SPACE
- Space for the parking of one automobile, exclusive of driveways, ramps, columns, 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.
- PEDESTRIAN WALKWAY
- An accessway generally located between lots for pedestrian use and either publicly or privately owned, which may or may not be improved.
- PERCENT OF SLOPE
- 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:
H - L * 100
highest elevation of the portion of tract measured
lowest elevation on the portion of the tract measured
horizontal distance between H and L
Percent of slope is used to measure grade.
- PERMITTED USE
- The specific, primary use of a lot allowed by this chapter. A lot may be put to more than one use at a time.
- PET TRAINING OR BREEDING OR KENNELS
- The boarding, breeding, raising, grooming or training of two or more dogs, cats, or other household pets of any age in exchange for remuneration.
- PLANNED RESIDENTIAL DEVELOPMENT
- 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.
- PLANNING COMMISSION
- The Planning Commission of the City of Española.
- PLANNING DIRECTOR
- The Planning Director of the City of Española or his designee.
- A map, drawing or chart depicting land and improvements thereto.
- PORCH or DECK
- 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.
- PROFESSIONAL ENGINEER
- An engineer registered by the New Mexico State Board of Registered Engineers and Surveyors.
- PROFESSIONAL SERVICES
- Those services provided by accountants, architects, engineers, business or management consultants, attorneys, planners or other professionals typically hired as consultants.
- PUBLIC GARAGE
- A building used for the care, repair, equipping, hire, sale or storage of motor vehicles.
- PUBLIC IMPROVEMENT
- 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.
- PUBLIC RIGHT-OF-WAY
- 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.
- PUBLIC WORKS DIRECTOR
- The Public Works Director for the City of Española or his designee.
- RADIO AND TV TOWERS AND ANTENNAS
- 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.
- REAL PROPERTY
- Land easements and appurtenant rights to land along with whatever is erected or affixed to land.
- RECREATIONAL VEHICLE
- A vehicle which is composed of a chassis, or a frame with wheels, which either has its own motive 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.
- RECREATION EQUIPMENT
- 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.
- RECYCLING STATION
- 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.
- 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.
- RESTAURANT, DRIVE-IN OR TAKEOUT
- A business establishment that serves prepared food 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 which flows over the surface of the land and does not percolate into the soil.
- SELF-SERVICE STORAGE FACILITY
- 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.
- SENIOR CITIZEN MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT
- 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:
- A publicly owned pedestrian way with permanent surfacing.
- (1) 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
- (2) 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.
- SITE PLAN
- 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.
- SPECIAL USE
- 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.
- SPECIAL USE PERMIT
- A permit for a use classified as a special use, as detailed elsewhere in this chapter.
- SPOT ZONING
- 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:
- STORM DRAINAGE PLAN
- 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 or 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 stormwaters flow on a periodic basis or a continuously running waterway.
- A strip of land or way subject to vehicular traffic (as well as pedestrian traffic) that provides direct or indirect access to property and may include:
- STREET CENTER LINE
- The center of a street or right-of-way as established by official surveys; normally the midpoint of a street cross section.
- STREET FRONTAGE
- 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.
- TEMPORARY USE
- 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.
- TRAFFIC ENGINEER
- The City of Española employee or contractor responsible for the administration and enforcement of City of Española traffic control regulations.
- Any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle.
- TRAILER SALES LOT
- 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.
- UTILITIES DIRECTOR
- 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.
- VETERINARY SERVICE FACILITY
- 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.