Zoning Ordinance
	City of Roswell P.O. Drawer 1838 Roswell, NM 88202-1838 (505) 624-6700 Fax: 624-6709

ARTICLE 4:
DEFINITIONS

Section 1.  Rules of Construction

The language set forth in the text of this Ordinance shall be interpreted in accordance with the following rules of construction:

a. Words used in the present tense shall in the present tense shall include the past and future tenses.

b. The singular number shall include the plural and the plural the singular.

c. The word "shall" is mandatory and not discretionary.

d. The word "may" is permissive.

e. The masculine gender shall include the feminine and neuter genders.

f. The word "lot" shall include the words "piece", "parcel", and "tract".

g. The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and occupied for".

h. The word "building" shall include the word "structure".

i. Any words not defined herein shall be construed in their general accepted meanings as defined in the most recent publication of Webster's Dictionary.

Section 2.  Definitions

For the purpose of this Ordinance, the words and terms used herein shall be defined and interpreted as follows:

Abut, abutting.  To have a common property line or zoning district line.

Adjacent.  Touching or contiguous.

Agri-business.  A business directly related to and supportive on an agricultural use as defined herein.

Agriculture.  Land, or land and structures, the principal use of which includes the following:  the growing of farm crops, truck garden crops, animal and poultry husbandry, dairying, floriculture, horticulture, pasturage; and accessory uses customarily incidental to agricultural activities.

Airport, heliport.  Any premises, used or intended for use, for the landing and take-off of aircraft, together with all buildings and structures normally associated with such use.

Alley.  A right-of-way which affords a secondary means of vehicular access to abutting properties.

Alteration.  Any change in size, shape, character, occupancy, or use of a building or structure.

Amusement establishment.  A building or structure which may offer a variety of recreational facilities including, but not limited to, pool halls, miniature golf courses, driving ranges, go-cart tracks, amusement parks, skating rinks, and electronic game rooms.

Animal hospital, clinic.  A building or structure used for the care, observation, and treatment of domestic and domesticated animals.

Antenna. (See also satellite dish antenna and tower)  A wire or set of wires used in transmitting and receiving electromagnetic waves and including the supporting structure; includes, but is not limited to, amateur radio antennas, television antennas, and satellite receiving dishes.

Auditorium.  A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, and other presentations.

Automobile and motor vehicle sales.  An open area used for the display or sale of new or used automobiles or other motor vehicles, and where no repair work is done except for minor incidental repair.

Automobile laundry.  A building or portion thereof where automobiles are washed used a conveyor, blower, steam-cleaning equipment, or other mechanical devices of a production line nature.

Automobile service station.  A building or portion thereof where gasoline, diesel fuel and other automobile fuels or oils are offered for sale directly to the public and where minor automotive repairs and accessories services may be offered.  Automobile service stations do not include open sales lots or junkyards as defined herein.

Block.  A tract of land bounded by streets, alleys, railroads, or river channels.

Boarding or lodging home.  A residential building or portion thereof, other than a motel or hotel, containing lodging rooms for accommodation of three (3) or more persons who are not members of the keeper's family and where lodging, meals, or both are provided by pre-arrangement and for definite periods.

Buildable area.  The space remaining on a lot after the minimum yard requirements of this Ordinance have been complied with.

Building.  Any structure constructed for the support, shelter, or enclosure of persons, animals, chattels or moveable property of any kind, and which is permanently affixed to the land.

Building, accessory.  A building which is subordinate to and serves a principal building or use.  An accessory building is subordinate in area, extent, and/or purpose to the principal building or use and contributes to the comfort, convenience, and/or necessity of the occupants of the principal building or use being served.

Building, conforming.  A building or structure which complies with all of the regulations of this Ordinance or any amendment thereto and is designed or intended for a use permitted in a zoning district.

Building, non-conforming.  A building or structure lawfully established which does not comply with all of the regulations of this Ordinance or any amendment thereto and/or is designed or intended for a use not permitted in a zoning district.

Building, principal.  A non-accessory building in which is conducted the principal use of the lot on which it is located.

Building, temporary.  Any building not designed or intended to be permanently located, placed, or affixed in the place it will occupy.

Business.  Any occupation, employment, or enterprise which occupies, time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered.

Carport.  A building used solely for the storage of motor vehicles and containing no enclosing walls, screens, lattice, or other materials than the wall or walls of the building to which it may be attached.

Club or lodge.  A building which accommodates an association of persons and which facilities are limited and restricted to members and their guests.

Comprehensive Plan.  Unless otherwise stated, the general plan for land use, transportation, and community facilities prepared, maintained, and adopted by the City of Roswell.

Day care center.  A private residence, or otherwise, in which care, services, and supervision are provided by individuals for more than six (6) children at any one time.

Day care home.  Private residences in which care, services, and supervision are provided, by the individuals residing there, for no more than six (6) children at any one time.  The care giver's own children, grandchildren, nieces, or nephews under the age of six (6) years shall be counted towards the number of children permitted.

Duplex.  A two family attached dwelling, on a single lot held under one ownership.

Dwelling.  A building or portion thereof designed or used exclusively for residential purposes, but not including hotels, motels, boarding or lodging homes, nursing homes, group care residences, mobile homes or travel trailers.

Dwelling, attached.  A dwelling which is joined to another dwelling by a common wall, vertical cavity wall, or horizontal structural floor.

Dwelling, detached.  A dwelling which is entirely surrounded by open space on the same lot.

Dwelling, multiple family.  One building consisting of three (3) or more dwelling units attached by a common wall, vertical cavity wall, or horizontal structural floor.

Dwelling, single family detached.  A detached dwelling designed for and intended for use by one family.

Dwelling, two family attached.  One building consisting of two (2) dwelling units attached by a common wall, vertical cavity wall, or horizontal structural floor.

Dwelling unit.  A room or a group of rooms constituting all or part of dwelling which are arranged, designed, used, or intended for use exclusively as living quarters for one family, including facilities for washing, sleeping, cooking, and eating.

Family.  An individual or two (2) or more persons related to each other by blood, marriage, or adoption, or a group of not more than four (4) persons not all so related, together with his or their domestic servants, living in a dwelling unit.  A family may include, in addition thereto, not more than two (2) boarders, roomers or permanent guests, whether or not gratuitous.

Farm.  Any tract of land on which an income is obtained from activities defined in the term "agriculture".

Fence.  A structure, solid or otherwise, which is a barrier and used as a boundary or means of protection, confinement, or concealment.

Floor area, gross.  The horizontal area of a floor or several floors of a building or structure measured from the exterior faces of exterior walls.

Floor area, net.  The horizontal area of a floor or several floors of a building or structure; excluding those areas not directly devoted to the principal or accessory use of the building or structure, such as storage areas or stairwells, measured from the exterior faces of exterior or interior walls.

Garage, public.  A building or portion thereof designed or used for servicing, repairing, equipping, hiring, selling, or storage of automobiles.

Home Occupation.  A business operated from a dwelling and in accordance with the following:

1. The activity is clearly an incidental, secondary, and accessory use of the premises.

2. Only members of the residing family are engaged in the occupation on the premises.

3. No stock, goods, and/or materials are displayed or sold on the premises.

4. The activity is conducted entirely by telephone, mail, or parcel post.

5. That portion or level of the activity conducted at the premises shall be entirely within the
dwelling.

6. The activity is not conducted in such a manner or advertised in such a way as to attract consumer traffic or other non-residential traffic.


7. No heavy mechanical equipment is installed or used except such that is used for normal domestic or household purposes.

8. There is no external evidence of the activity of any kind, such as:
a. signs
b. heavy commercial vehicle delivery and/or storage
c. outside storage
d. noise, dust, odors, noxious fumes, or other nuisances.

9. The home occupation may include the following for consultation or emergency treatment and not for general practice:
a. physician
b. surgeon
c. dentist
d. lawyer
e. clergyman
f. other professional services.

10. A home occupation shall not include the following:

a. antique shops
b. beauty shops or schools
c. barber shops
d. repair shops
e. any other business or establishment of a similar character.

Hotel, motel.  A building containing lodging accommodations designed for use by transients, travelers, or temporary guests.

Junkyard.  The use of a lot or portion thereof for the storage, keeping, or abandonment of junk, dismantled automobiles, or other vehicles, or machinery, or parts thereof, including scrap metal, rags, or other scrap material.

Kennel.  Any building, premise, or portion thereof in which more than three (3) dogs, cats, or other household domestic animals over six (6) months of age are kept or in which more than two (2) such animals are maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale.

Lot.  A parcel of land adequate for occupancy by a use herein permitted, providing yards, buildable area, and off-street parking as herein provided.  This parcel of land, which is a part of a subdivision or described by metes and bounds, shall have a map or other legal description which is recorded in the County Clerk's office.

Lot area.  The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.

Lot corner.  A lot which at least two (2) adjacent sides abut, for their full length, upon intersecting streets, provided that the interior angle at the intersection of such two (2) adjacent sides is less than one hundred thirty-five (135) degrees.

Lot depth.  The average horizontal distance between the front lot line and the rear lot line, measured within the lot boundaries.

Lot, double frontage.  A lot having frontage on two (2) non-intersecting or parallel streets, as distinguished from a corner lot.

Lot, interior.  A lot other than a corner lot.

Lot lines.  The property lines bounding a lot.

Lot line, front.  The boundary of a lot abutting a street, except on a corner lot where the front lot line shall be the lot line with the shortest dimension.

Lot line, rear.  A lot line which is most distant from and/or is approximately parallel to the front lot line.  If the rear lot line is less than ten (10) feet in length or if the lot forms a point at the rear, then the rear lot line shall be deemed to be a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side.  A lot line which is not a front lot line or a rear lot line.

Lot width.  The horizontal distance between the side lot lines of a lot measured within the lot boundary measured along the minimum required front yard setback line.

Lot, zoning.  A parcel of land which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control.  A "zoning lot" may or may not coincide with a "lot".

Mobile home.  A dwelling unit built on a chassis, with a body width not less than eight (8) feet and a body length not less than forty (40) feet,. designed to be used as a dwelling, with or without a permanent foundation.

Mobile home park.  A tract of lots or spaces designated and developed for long term residential use and intended for rent or lease exclusively for mobile homes.

Mobile home subdivision.  A tract of land, subdivided into lots, designated and developed for long term residential use and intended for sale where the residences are comprised of mobile homes.

Motor freight terminal.  A building, structure, or premises in which freight is brought by truck or rail.

Multi family residence.  A multiple family dwelling.

Outside storage.  The collection of materials, whether or not classified under junkyard, or whether a principal or accessory use of a lot, that is open to the air and under the sky.

Oversized Vehicle.  A motor vehicle, trailer, or boat which by itself or together with other structure(s) or vehicle(s) attached to it exceeds twenty (22) feet in length, or eight (8) feet in width, or ten (10) feet in height.

Professional office.  The headquarters of an enterprise, organization, or place where consulting, record keeping, and the work of a professional person in the following professional occupations is done:

1. Accounting:
a. accountants, auditors, tax experts
b. credit services

2. Engineering:
a. Geologists, geophysicists
b. architects, engineers, surveyors

3. Insurance offices

4. Lawyers

5.  Medical:
a. doctors, dentists, optometrists, chiropractors, oculists
b. laboratory technicians and laboratories, excluding outdoor living facilities for animals.

6. Messenger, telegraph, telecommunication, or other answering services.

7. Music and art:
a. musicians, dancing studios, dramatic studios
b. artists, authors, poets

8. Photography studios

9. Real estate brokers, appraisers, abstractors

10. Other:
a. public typists, stenographers, consulting services, clergymen

11. Such other professional office uses comparable and similar in operation, appearance, conduct, and occupation as those listed above and as approved by the Planning and Zoning Commission.

Recreation building or community center.  A building or group of buildings and/or land offering recreational facilities including, but not limited to gymnasiums, swimming pools, exercise facilities, meeting rooms, and clubs as distinguished from private clubs and lodges.

Recyling center.  A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products.   or  A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.

Satellite dish antenna.  A round, parabolic antenna intended to receive signals from orbiting satellites and other sources.  Noncommercial dish antennas are defined as being less than 13.12 feet (four meters) in diameter, while commercial dish antennas are usually those larger than 13.12 feet (four meters) and typically used by broadcasting stations.

Seating capacity.  The actual seating capacity of an area based upon the number of seats or one seat per 24 inches of bench or pew length.  For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the Uniform Building Code.

Single family residence.  A single family detached dwelling.

Street, arterial.  A street designed to carry large volumes of traffic and provides for efficient vehicular movement between large areas of the City as designated on the Functional Street Classification Map in the City's Comprehensive Plan.

Street, collector.  A street designed to carry moderate volumes of traffic from local streets to arterial streets or from arterial to arterial as designated on the Functional Street Classification Map in the City's Comprehensive Plan.

Street, local.  A street of limited continuity designed to carry low volumes of traffic used primarily for access to abutting properties and the local needs of a neighborhood as designated on the Functional Street Classification Map in the City's Comprehensive Plan.

Street, road or highway.  A public or private right-of-way which is designated as a permanent right-of-way for common use as the primary means of vehicular access to properties abutting it.

Tower. (See also antenna)  A structure situated on a nonresidential site that is intended for transmitting or recieving television, radio, or telephone communications, excluding those used exclusively for dispatch communications.

Travel trailer or recreational vehicle.  Any vehicle or similar portable structure, with or without mobile power, designed to be driven, drawn, or placed upon a vehicle and to be used for a     short term dwelling unit.  Such units shall be eight (8) feet or less in body width and be less than thirty-five (35) feet in body length.

Use.  The purpose or activity for which a piece of property and/or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained and shall meet the standards and requirements of this Ordinance.

Use, accessory.  A subordinate use which is clearly and customarily incidental to the principal use of a building or premises, and which is located on the same lot as the principal use or building.

Use, conditional.  Any use which may be established in the particular zoning district in which it is allowed only upon meeting the conditions and limitations as prescribed by this Ordinance.

Use, conforming.  The use of a building or premises which complies with all of the applicable use regulations of the zoning district in which sail building or premises is located.

Use, non-conforming.  Any use of a building or structure which, on the effective date of this Ordinance, does not, even though lawfully established, comply with all of the applicable use regulations of the zoning district in which said building or premises is located.

Use, permitted.  Any use or building which is or may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this Ordinance for the zoning district in which such use or building is located.

Use, principal.  The main or dominant use of a building or land as distinguished from an accessory use.

Use, special.  Any use that has unusual operational, physical, or other characteristics that are different from those of the predominant permitted uses in a zoning district - but which is a use that can complement and if otherwise can be made compatible with the intended over-all development within a zoning district.  A special use shall locate in a zoning district not only if it meets the conditions and limitations as prescribed by this Ordinance and other ordinances but also meets the conditions and limitations as prescribed as a result of a required public hearing.

Yard.  An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward except as otherwise permitted in this Ordinance, and which extends along a lot line and at right angles thereto to a depth or width specified in the minimum required yard regulations for the zoning district in which the zoning lot is located.

Yard, required front.  A yard which is bounded by the side lot lines, and front lot line, and line parallel to the front lot line located at the depth specified in the minimum required front yard setback regulations for the applicable zoning district.

Yard, required rear.  A yard which is bounded by the side lot lines, the rear lot line, and a line parallel to the rear lot line located at the depth specified in the minimum required rear yard setback regulations for the applicable zoning district.

Yard, required side.  A yard which is bounded by the side lot line, the required front yard line, the required rear yard line, and a line parallel to the side lot line located at a width specified in the minimum required side yard setback regulations for the applicable zoning district.

Zero lot line.  The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

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