ABC Comp Plan: Albuquerque/Bernalillo County Comprehensive PlanABCWUA: Albuquerque Bernalillo County Water Utility AuthorityABQ RIDE: City of Albuquerque Transit DepartmentAbut: To touch or share a property boundary.AC: Activity Center (AC)
An area designated as an Activity Center in the ABC Comp Plan, as amended, excluding Old Town. For the purposes of this IDO, if any portion of a parcel is within an Activity Center, the Activity Center regulations apply to the entire parcel.Access: A way or means of approach to provide vehicular or pedestrian physical entrance to a property.Accessory Building: A building detached from and, except in the case of agricultural support buildings like barns in the R-A zone district, smaller than the primary building on the same lot. The use of an accessory building shall be subordinate and customarily incidental to the primary use of the lot. See also Building.Accessory Dwelling Unit: A dwelling unit that is accessory to a primary single-family or two-family detached dwelling or a non-residential primary use. A detached accessory dwelling unit is also considered an accessory building. See also Dwelling Definitions for Dwelling, Live/work; Dwelling, Single-family Detached; and Dwelling, Two-family Detached (Duplex); Kitchen; and Measurement Definitions for Accessory Dwelling Unit.Accessory Structure: A structure detached from and located on the same lot as a primary building, customarily used with and clearly incidental and subordinate to the primary building or use. Accessory structures include but are not limited to shade structures such as covered patios, gazeboes, pergolas, ramadas, or similar roofed structures. Above-ground swimming pools are not considered accessory structures for the purposes of this IDO. See also Building and Structure.Accessory Use: A land use that is subordinate in use, area, or purpose to a primary land use on the same lot or, in any Mixed-use or Non-residential zone district, the same premises. An accessory use may or may not be located in an accessory structure. For the purposes of this IDO, accessory uses are listed in Table 4-2-1, may have separate Use-specific Standards, or may be defined as incidental to another primary use. See also Use Definitions for Primary Use.Acequia: An irrigation ditch operated and maintained by the MRGCD or a community acequia association. See also Irrigation Facility.ADA: Americans with Disabilities ActAdjacent: Those properties that are abutting or separated only by a street, alley, trail, or utility easement, whether public or private. Properties that are on opposite of an intersection diagonally (e.g. kitty corner or catty corner or caddy corner) are not considered. See also Alley, Multi-use Trail, Private Way, Right-of-way, and Street.ADR: City of Albuquerque Office of Alternative Dispute ResolutionAdult Entertainment: An establishment such as an auditorium, bar, cabaret, concert hall, nightclub, restaurant, theater, or other commercial establishment, other than an adult retail establishment, that provides amusement or entertainment featuring 1 or more of the following:
1. A live performance, act, or escort service distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.
2. Audio or video displays, computer displays, films, motion pictures, slides or other visual representations or recordings characterized or distinguished by an emphasis on the depiction, description, exposure or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.
For the purposes of this IDO, adult entertainment is considered a primary use, regardless of the use, area, or purpose of any other primary uses on the same premises. See also Adult Retail, Specified Anatomical Areas, and Specified Sexual Activities.Adult or Child Day Care Facility: A facility other than an occupied residence that provides care for more than 12 individual adults or children during the day. For the purposes of this IDO, the City regulates child care facilities that require a license from the state. This use includes pre-schools. This use does not include overnight care. See also Family Home Day Care, Family Care Facility, Community Residential Facility, and Group Home.Adult Retail: Any establishment where 25 percent or more of the gross floor area is used to sell or rent adult material, including but not limited to books, magazines, newspapers, films (video tapes and/or DVDs), slides, photographic or written material, and other items or devices that are distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities. For the purposes of this IDO, an adult retail establishment that meets the definition above is considered a primary use, regardless of the use, area, or purpose of any other primary uses on the same premises. See also General Retail and Specified Anatomical Areas, Specified Sexual Activities. Agricultural Sales Stand: A structure for the retail sale of agricultural products raised on the same premises. See also Building and Home Improvement Materials Store, Community Garden, Farmers Market, General Agriculture, Nursery, and Seasonal Outdoor Sales.Airport: The area of land used or intended to be used for the landing and takeoff of aircraft, passenger and cargo loading areas, and related uses.Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA): The political subdivision of the State of New Mexico established pursuant to Article 72-16 NMSA 1978 with specific responsibility for flooding problems in the greater Albuquerque area.Alley: A public right-of-way or private way, or a part thereof, primarily devoted to vehicular use and providing secondary access to abutting property or primary vehicular access to residential properties, minimizing or eliminating the need for driveway or drive aisle access to the street. For the purposes of access, alleys are considered a type of street. See also Private Way, Right-of-way, and Street.Allowable Use: A land use allowed in a particular zone district by Table 4-2-1 as a primary or accessory use, whether allowed permissively or conditionally. See also Use Definitions for Permissive Use, Conditional use, and Accessory Use.Alteration: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.AMAFCA: Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA)
The political subdivision of the State of New Mexico established pursuant to Article 72-16 NMSA 1978 with specific responsibility for flooding problems in the greater Albuquerque area.Amendment: Any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of any zone district or Overlay zone; or any repeal or abolition of any map, part thereof, or addition thereto.Amphitheater: A covered or uncovered open-air area or structure suitable for musical or theatrical performances, performing arts, or sporting events with tiers of seats, benches, or berms with seating capacity for less than 1,000 people. See also Auditorium and Stadium.Animal Keeping: The keeping of animals as allowed by Article 9-2 of ROA 1994 (Humane and Ethical Animal Rules and Treatment [HEART]).ANSI: AmericanNationalStandardsInstituteANSI/IES Standards: Standards developed by the American National Standards Institute (ANSI) and the Illuminating Engineering Society (IES), a professional organization of designers, architects, engineers, sales professionals, and researchers. For the purposes of this IDO, ANSI/IES standards are referenced for in Section 14-16-5-8 (Outdoor and Site Lighting).Anthropogenic: Change of conditions caused or influenced by people.APO: Airport Protection Overlay (zone)Arcade: A street-facing faade with an attached colonnade or overhang structure to create a covered passageway. Balconies may overlap the sidewalk while the ground floor remains set at the lot line. This type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. An easement for private use of the public right-of-way is usually required.Archaeological Resource: Material remains of past human activity and life that are of archaeological interest, including but not limited to pottery, basketry, bottles, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Non-fossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources unless found in an archaeological context. No item shall be treated as an archaeological resource unless such item is at least 75 years old. Material remains that are structures may be considered for further review and protection as a landmark site or structure.Architecturally Integrated WTF: A WTF that is camouflaged into the structure on which it is located by means of color, texturing, architectural treatment, massing, size, design, and/or shape. An architecturally integrated WTF is a concealed facility.Area of Change: An area designated as an Area of Change in the Albuquerque/Bernalillo County Comprehensive Plan (ABC Comp Plan), as amended, where growth and development are encouraged, primarily in Centers other than Old Town, Corridors other than Commuter Corridors, Master Development Plan areas, planned communities, and Metropolitan Redevelopment Areas.Area of Consistency: An area designated as an Area of Consistency in the Albuquerque/Bernalillo County Comprehensive Plan (ABC Comp Plan), as amended, where development must reinforce the character and intensity of existing development.Arroyo: A watercourse that conducts an intermittent or ephemeral flow, providing primary drainage for an area of land, or a watercourse that would be expected to flow in excess of 1,000 cubic feet per second as the result of a 100-year storm event, as determined by the City Hydrologist.Art Gallery: A building, room, or series of rooms where works of art are exhibited for display or sale.Arterial: A street designated on the Mid-region Council of Governments (MRCOG) Long Range Roadway System Map in the Long Range Transportation System Guide of the Metropolitan Transportation Plan or a logical geographic extension of that street as determined by the City Engineer. An arterial street may be designated as minor or principal arterial and serves large volumes of comparatively high-speed traffic. Access to arterial streets is controlled. See the DPM.Artisan Manufacturing: Small-scale manufacturing and related processes or activities including but not limited to application, assembling, compounding, design, fabrication, growing, making, packaging, processing, sculpting, teaching, treating of crafts or products, or welding often by an artist, artisan, or craftsperson working with ceramic, clay, electronics, metal, paper, plastic, stone, textiles, wood, or similar materials either by hand or with minimal automation or technology, including but not limited to 3D printing. This use includes incidental storage, wholesaling of products manufactured at the facility, and direct sales to consumers. This use also includes the production of beer, wine, or spirits associated with an approved Small Brewers License as governed by Section 60-6A-26.1 NMSA 1978, an approved Winegrowers License as governed by Section 60-6A-11 NMSA 1978, or an approved Craft Distillers License as governed by Section 60-6A-6.1 NMSA 1978. Annual production shall be limited by State statute. This use does not include alcohol sales. Alcohol sales associated with brewing on-site is regulated pursuant to the tap room or tasting room use. See Tap Room or Tasting Room and Cannabis Definitions for Cannabis-derived Products Manufacturing and Cannabis Cultivation.Assisted Living Facility: A facility designed to provide housing, supportive services, personalized assistance, and health care services to respond to individuals who need help with activities of daily living or memory care services, but not including skilled nursing care. Such facilities may include separate bedrooms or living quarters, a commercial or private kitchen, shared dining facilities, and recreational activities. See also Nursing Home, Independent Living Facility, and Other Use Accessory to a Residential Primary Use.Auditorium: A hall or seating area, generally enclosed, where an audience views a musical or theatrical performance, concert, sporting, or other entertainment event, including but not limited to a conference center. See also Adult Entertainment.Automated Teller Machine (ATM): An electronically operated device used to conduct financial transactions on-site by means of direct computerized access.Average: Averages shall be calculated as an arithmetric mean.Bail Bond Business: Any business requiring licensure under Part 13.20.2 of the New Mexico Administrative Code (NMAC) (Bail Bondsmen and Solicitors), including any person, agency, or corporation that acts as a surety and pledges money or property as bail for the appearance of persons accused in court. For the purposes of this IDO, bail bond businesses are treated as a personal and business services use. See also Personal and Business Services.Bakery or Confectionary Shop: A facility for the production and sale of baked goods and confectioneries, primarily for retail sales to customers of the facility. Accessory sales to off-site customers is allowed. For uses with primary off-site sales, see Manufacturing Definitions for Light Manufacturing. See also Catering Service and General Retail.Bank: An establishment that provides retail banking, mortgage lending, and financial services to individuals and businesses, including check-cashing facilities. See also Small Loan Business, which is considered a bank for the purposes of this IDO.Bar: An establishment having as its primary or predominant uses the serving of beer, wine, or liquor for consumption on the premises or for takeout or delivery service for off-site consumption, but that does not meet the definition for Tap Room or Tasting Room.Bed and Breakfast: A low-density residential development with no more than 8 guest rooms that are rented for temporary sleeping accommodations at market rates with breakfast served. Some or all guest rooms may be in accessory buildings. Provision of alcoholic beverages is controlled by the New Mexico State statutes for Bed and breakfast as governed by Section 60-6A-34 NMSA 1978. See also Hotel or Motel.Bedroom: Any room in a dwelling that is partitioned by walls and doors, other than the following: one kitchen, one room that may be designated as a living room, one room that may be designated as a dining room or family room, and any number of baths, foyers, corridors, and closets (all as defined Articles 14-1 and 14- 3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code). Rooms greater than 100 square feet may not be considered closets for the purposes of this definition.Bikeway: Any street or trail that is specifically designated for bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is to be shared with other transportation modes.BioPark: City-owned facilities managed by Cultural Services and regulated by a Master Plan, including the ABQ BioPark Zoo, Botanic Garden, Aquarium, and Tingley Beach. Zoned NR-PO-D in the IDO.Block: Where used to describe a city block or an area to be platted with lots and streets, an area that is bounded but not crossed by streets, railroad rights-of-way, waterways, unsubdivided areas, or other barriers. For the purposes of the large retail facility provisions and development in the NR-LM and NRGM zone districts, drive aisles and private streets also qualify as block boundaries. See also Measurement Definitions for Block Length.Block Length: The distance from centerline to centerline of two intersections. In the instance that a block is bounded by other obstructions, the measurement shall be from the centerline of the street to the edge of the obstruction. See DPM for additional explanation. See also Block.Blood Services Facility: An establishment that collects whole blood for transfusion or further processing; collects plasma for further processing; or uses plasmapheresis, plateletpheresis, or leukapheresis processes for removal of blood from a donor. This does not apply to hospitals for human beings, laboratories for collection of personal blood samples, or temporary blood drives.Boat: A vehicle not exceeding 30 feet in body length, 8 feet in width, or 11 feet in overall height, for traveling in or on water. Height includes the trailer if the boat is mounted on a trailer. See also Trailer.Bonus: See Building Height Bonus.Buffer: See Landscape Buffer.BUG: Backlight,Uplight,GlareBUG (Backlight, Uplight, Glare) Rating: A rating system for the quantity of light within specific beam angles, consisting of all of the following:
Backlight A rating based on zonal lumens distributed behind a luminaire between 0 and 90 degrees from the vertical of nadir.
Uplight A rating based on zonal lumens emitted above 90 degrees from the vertical of nadir.
Glare A rating based on the zonal lumens distributed between 60 and 90 degrees from the vertical of nadir.Building: An independent, fully enclosed structure with a roof supported by columns or walls resting on its own foundations that is built and maintained for the support, shelter or enclosure of persons, animals, or property of any kind. Unless specified otherwise in this IDO, this term refers to anything within the footprint of a common roof including, but not limited to, a porch, breezeway, or carport. See also Accessory Building, Front Faade, Street-facing Faade, Large Retail Facility, Primary Building, and Structure.Building and Home Improvement Materials Store: An establishment having a gross floor area greater than 50,000 square feet primarily engaged in retailing a general line of new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical goods, tools, house wares, hardware and lawn and garden supplies, with the merchandise lines normally arranged in separate departments, with or without central customer checkout. This use includes the sale of plants and garden supplies in outdoor areas and incidental outdoor storage. See also General Retail.Building Coverage: The percentage of a lot that is covered by building footprints. See also Building.Building Height: The vertical distance above the average finished grade, unless specified otherwise in this IDO, at each faade of the building, considered separately, to the top of the coping or parapet on a flat roof, whichever is higher; to the deck line of a mansard roof; or to the average height between the plate and the ridge of a hip, gable, shed, or gambrel roof. On a stepped or sloped project site, the maximum height is to be measured above average finished grade of any distinct segment of the building that constitutes at least 10 percent of the gross floor area of the building, unless specified otherwise in this IDO. See also Building, Building Height Bonus, Finished Grade, and Measurement Definitions for Grade and Ground Floor Clear Height.Building Height Bonus: A building height bonus provides an additional 12 feet of building height unless specified otherwise in this IDO, in exchange for a certain type of development that has a civic benefit. See also Measurement Definitions for Building Height. The following bonuses are available as specified in this IDO.Building Stepback: For the purposes of measuring a building stepback where required, each plane of the faade should be independently considered to determine the relevant stepback for that portion of the building. See also Front Faade and Street-facing Faade.Building-mounted Sign: A sign entirely supported by or through a building, including canopy sign, marquee sign, projecting sign, rooftop sign, or wall sign. See also Sign Definitions for Canopy Sign, Marquee Sign, Projecting Sign, Rooftop Sign, Wall Sign, and Window Sign.Buliding Coverage: The percentage of a lot that is covered by building footprints. See also Building.Bulk Land Subdivision: Any subdivision of property that is primarily intended to facilitate transfer to intermediate land holders, not to create lots available for development without further subdivision or Site Plan approvals.Business: A legal entity operating an enterprise in a space separate from any other enterprise.Business Days: For deadlines, a period of days that does not include weekends or holidays listed in Part 3-1-12 of ROA 1994 (Legal Holidays). See also Calendar DaysBusiness Hours: The published hours that an establishment is open to the public. See also Operating Hours.Calendar Days: A period of calendar days that includes business days, weekends, and holidays listed in Part 3-1-12 of ROA 1994 (Legal Holidays) unless specified otherwise in this IDO. For deadlines, if the final day falls on a weekend or a holiday, the period ends on the following business day. Where this IDO refers to a period of multiple months or a period of one or more years, the final day of the period would fall on the corresponding date of the month in the future (i.e. if the period starts on May 18, a 3 month period would end on August 18; a 1-year period would end on May 18 of the following year.) See also Business Days.Campground or Recreational Vehicle Park: A lot developed or used to provide campsites for occupancy by tents and/or recreational vehicles for temporary sleeping accommodations, typically at market rates. A campground/recreational vehicle park may include recreational services, facilities, and activities for use by the public and occupants. See also Vehicle Definitions for Recreational Vehicle and Vehicle.Cannabis: As defined in Sections 26-2C-1 to 26-2C-42 NMSA 1978. The IDO regulates cannabis retail, cannabis cultivation, and cannabis-derived products manufacturing only. The IDO shall not impede any personal allowances as established by Sections 26-2C-1 to 26-2C-42 NMSA 1978. For the purposes of this IDO, hemp is not regulated as cannabis. See also Hemp.Cannabis Cultivation: A facility licensed by the State to sell cannabis under Sections 26-2C-1 to 26-2C-42 NMSA 1978 in which cannabis is grown, harvested, dried, cured, or trimmed.Cannabis Odor Control Plan: A written document, approved by a professional engineer or industrial hygienist, explaining plans for reducing cannabis odors associated with cultivation, manufacturing, or licensed onsite cannabis consumption, which shall include, at a minimum, contact information, operating hours, a floor plan, a description and schedule of odor-producing activities, administrative controls such as employee training and maintenance, and engineering controls such as carbon filtration.Cannabis Retail: A retail sales establishment licensed by the State to sell cannabis under Sections 26-2C-1 to 26-2C-42 NMSA 1978. Retail establishments selling cannabis solely for consumption by users with a medical card issued by the State under Sections 26-2B-1 to 26-2B-10 NMSA 1978 (the Lynn and Erin Compassionate Use Act) are considered general retail and are not regulated by this definition. On-site cannabis consumption licensed by the State is considered an incidental activity of cannabis retail. See also General Retail and Commercial On-site Consumption.Cannabis-derived Products: A product, other than cannabis itself, that contains or is derived from cannabis, as regulated by Sections 26-2C-1 to 26-2C-42 NMSA 1978. See also Hemp.Cannabis-derived Products Manufacturing: A facility licensed by the State to sell cannabis under Sections 26-2C-1 to 26-2C-42 NMSA 1978 for the processing, including but not limited to extraction, refinement, isolation, or packaging of a product other than cannabis itself, which contains or is derived from cannabis, including but not limited to concentrates, cannabis infusions, edible products, ointments, and tinctures, but excluding hemp. See also Hemp.Canopy: A roof-like decorative feature projecting from the exterior of a building that may serve as a shelter from the sun, rain, or wind. A tree canopy includes the area beneath a trees dripline. See also Sign Definitions for Canopy Sign.Canopy Sign: A type of building-mounted sign mounted on or under a permanent canopy, arcade, or portal. See Sign Definitions for Wall Sign for signs on a freestanding roofed structure, such as a canopy for a vehicle fueling station.Car Sharing Program: A self-service membership-based program that allows members to use a shared motor vehicle owned by that program on a short-term basis. Companies or programs that make motor vehicles available for rent where users enter into a separate written agreement each time they rent the vehicle are not considered car sharing programs.Car Wash: A building, or portion of a building, containing facilities for the primary purpose of washing automobiles using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices or providing space, water, equipment, or soap for the complete or partial handwashing of such automobiles, whether by operator or by customer.Carport: A roofed structure that is not enclosed on at least 2 sides, that is used for parking vehicles, and that is located over a parking area and/or driveway. For the purposes of this IDO, carports are subject to building height maximums in the underlying zone district but are allowed to be in required setbacks pursuant to Table 5-1-4. See also Porch.Catering Service: An establishment whose primary business is to prepare food on-site, then to transport and serve the food off-site. No retail sale of food or beverages for consumption on the premises is allowed.CCT: CorrelatedColorTemperatureCD: CandelaCenter: An area designated as an Activity Center in the ABC Comp Plan, as amended.Certificate of Appropriateness: Written authorization required for alteration, demolition, or new construction pursuant to Subsections 14-16-6-5(B) (Historic Certificate of Appropriateness Minor) or 14-16-6-6(D) (Historic Certificate of Appropriateness Major).Characteristic Building: A building in the Nob Hill/Highland CPO-8 that exemplifies historic commercial architecture as identified on the map in Section 14-16-3-4(I).Chief Building Official: A City employee in the City Planning Department responsible for enforcing Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code) and managing the operations of the Building Safety Division of the City Planning Department, including issuing building and demolition permits, performing building inspections, and coordinating with other divisions and departments to help maintain a safe and habitable built environment.Chile Ristra: A string or cord on which natural, unadorned chile peppers are threaded or tied and hung for display.Circus: A travelling enterprise that features feats of physical skill and daring, wild animal acts, and performances by clowns.City: Capitalized, this refers to the City of Albuquerque, New Mexico local government, pursuant to the City Charter. Uncapitalized, this refers to the geographic area defined by the City of Albuquerque municipal boundary.City Archaeologist: A City employee, or person contracted by the City, who reviews sites for archaeological significance, as described in Section 14-16-6-5(A) (Archaeological Certificate).City Council: The governing body of the City and the land use and zoning authority empowered by the State through home rule. The City Council makes discretionary, policy, and regulatory decisions for City-owned property and private property within the citys municipal boundaries.City Engineer: A City employee who is a professional engineer registered by the State of New Mexico and designated as the City Engineer, including his/her designee, who is also a professional engineer registered by the State of New Mexico.Civic or Environmental Benefit: A tangible or measurable benefit resulting from or provided in association with a development project,either onsite or offsite, that serves the surrounding community or environment, including but not limited to, improved public transportation facilities; community facilities, services, and amenities; affordable housing; open space or sensitive land preservation and/or restoration; support for community cultural programs; or environmental monitoring stations.Clean Room: A facility to manufacture delicate and fragile components where processes and components are protected from any outside environmental factors. Clean rooms include working with chemicals, volatile materials, and sensitive instruments. Other clean rooms that do not meet this definition are regulated as incidental activities associated with primary uses in the Industrial and Commercial use categories in Table 4-2-1. See also Special Manufacturing. Clear Sight Triangle: An area of unobstructed vision at street intersections at least 3 feet and no more than 8 feet above the gutter line and within a triangular area at the street corner, driveway, or drive aisle, as regulated by the DPM.Club: An organization, including but not limited to a lodge, catering exclusively to members and their guests for social, intellectual, recreational, or athletic purposes that are not conducted for profit.Club or Event Facility: A publicly or privately owned building devoted to the assembly of people for social, professional, or recreational activities such as meetings, weddings, or conferences. See also Community Center and Residential Community Amenity.Cluster Group: A grouping of low-density residential units located within a cluster development where the outer boundary is defined by the rear lot lines of the lots within the group. Each cluster group is distinct and separate from another cluster group. See Dwelling Definitions for Cluster Development.CMU: Concrete Masonry UnitCollector: A street designated on the Mid-region Council of Governments (MRCOG) Long Range Roadway System Map in the Long Range Transportation System Guide of the Metropolitan Transportation Plan or a logical geographic extension of that street as determined by the City Engineer. A collector street may be designated as a major or minor collector and carries substantial traffic from local streets to arterial streets. See the DPM.Collocation: Where used for Wireless Telecommunications Facilities (WTFs). The location of more than one WTF at a single location and/or using the same structure, not including a public utility structure, for mounting wireless telecommunications antennas by more than one provider of wireless telecommunications services. See also Public Utility Collocation.Color Rendering Index (CRI): A measurement on a scale of 0 to 100 to describe the ability of a light source to render an objects colors as if it were being exposed to natural daylight. A score close to 100 indicates that an anthropogenic light source is a close match for natural light.Commercial Services: Any activity involving the provision of services carried out for profit, generally for a business customer and not an individual buyer, including but not limited to upholstering, welding, laundry, printing, or publishing, that is not listed separately as a distinct use in Table 4-2-1.Common Open Space: The area of undeveloped land and/or existing site features within a cluster development that is set aside for the preservation, use, and enjoyment by the owners and occupants of the dwellings in the development and includes historic buildings or structures, sensitive lands, agriculture, landscaping, or outdoor recreation uses. The common open space is a separate lot or easement on the subdivision plat of the cluster development. For the purposes of the common open space calculation in cluster development, parks and concrete or reinforced arroyos do not count as common open space. See also Dwelling Definitions for Dwelling, Cluster Development.Community Center: A public building or facility operated for meeting, social, cultural, educational, or recreational purposes, including but not limited to multigenerational and senior centers. See also Health Club/Gym and Residential Community Amenity.Community Garden: A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family as a primary use of land.Community Residential Facility: A facility that is designated to provide a residence and services for persons who need personal assistance, personal services, personal care, and/or protective care and who meet the definition of a handicapped person or are protected against housing discrimination under the federal Fair Housing Act Amendments of 1998 (or as amended) and court decisions interpreting that Act. This use does not include 24-hour skilled nursing care, which is regulated as either hospital or nursing home for the purposes of this IDO. This use does not include facilities for persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program, facilites for persons or individuals in the criminal justice system, or residential facilites to divert persons from the criminal justice system, which are all regulated as group homes for the purposes of this IDO. See also Family, Family Care Facility, Group Home, and Nursing Home.
Community Residential Facility is divided into 2 categories based on the number of individuals residing in the facility (not the size of the structure).
1. Community Residential Facility, Small: A facility housing between 6 and 8 individuals receiving services, plus those providing services.
2. Community Residential Facility, Large: A facility housing between 9 and 18 individuals receiving services, plus those providing servicesConcealed WTF: As further prescribed in Subsection 14-16-4-3(E)(12)(a), a WTF that is aesthetically integrated or otherwise consistent with surrounding existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape, and that does not visually stand out as a WTF. A face-mounted WTF that is painted to match the faade, but has no other design elements that conceal the wireless telecommunications antenna, remains readily visible to the naked eye and is not considered a concealed WTF.Conditional Use: A land use that is allowable in a particular zone district subject to conditional approval by the ZHE based on a review of the potential adverse impacts of the use and any appropriate mitigations to minimize those impacts on nearby properties. Table 4-2-1 indicates whether a particular conditional use is primary (listed as C) or accessory (listed as CA) or allowed conditionally in a primary building that has been vacant for a specified amount of time (listed as CV).Construction: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.Construction Contractor Facility and Yard: A building and any related outdoor areas used to store and maintain construction equipment and materials, including but not limited to plumbing, electrical, carpentry, roofing, landscaping, and facilities customarily required in the building trade by a construction contractor. See also Building and Home Improvement Materials Store.Construction Staging Area, Trailer, or Office: A temporary building or structure used as a construction office or outdoor storage area for equipment and materials for a project during its construction and located on the same site or on a nearby site.Convertible Parking Structure: A structure or part of a structure designed to accommodate motor vehicle parking spaces that has a fully enclosed ground level with no ramping on any ground floor street-facing faade so that the ground floor can be adapted to commercial, residential, or office uses.Cool Season Grasses: Grass types that grow exceptionally well between 65 and 75 degrees, including but not limited to, Kentucky blue-grass, perennial ryegrass, and tall fescue. These grasses are durable and require ample watering during high summer temperatures.Corner Lot: A lot located at the intersection of and having frontage on 2 or more streets.Correctional Facility: A facility to house persons awaiting trial or persons serving a sentence after being found guilty of committing a crime. This use includes a prison, jail, and adult or juvenile detention center.Correlated Color Temperature (CCT): The color appearance of light emitted by a lamp. The CCT rating for a lamp is a measure of the "warmth" or "coolness" of its appearance and is measured in Kelvin (K). Lower CCT (2200K) appears very warm or amber. Medium CCT (2700K 3000K) appears warm white. High CCT (4000K +) appears cool white or blue.Corridor: A street and adjoining land designated in the ABC Comp Plan, as amended, as one of 5 Corridor types designated based on travel modes and development intensity, excluding Commuter Corridors. See also Measurement Definitions for Corridor Area.Corridor Area: Where the specified distance crosses a lot line, the entire lot is included in the Corridor Area. See also Centers and Corridors Definitions.County: Bernalillo County, New Mexico, unless the context clearly indicates that another county is intended.Courtyard Wall: Walls that are not on the lot line that enclose an outdoor space to form an outdoor courtyard.CPA: Community Planning AreaCPO: Character Protection Overlay (zone)CPTED: Crime Prevention Through Environmental DesignCrematorium: An establishment that burns dead bodies of humans and/or animals.CRI: ColorRenderingIndexCritical Infrastructure: The physical or cyber assets that are so vital to the City that their incapacity or destruction would have a debilitating impact on physical or economic security or public health or safety. For the purposes of this IDO, critical infrastructure includes electric, water, and gas services.Cul-de-sac: A short street intersecting another street at one end and terminating at the other end, normally with a vehicular turnaround.Cumulative Impacts: The environmental and community health impacts that result from the incremental effects of industrial and certain commercial developments when considered in conjunction with other past and present development.Curb Cut: Any break in a curb that facilitates access to or from a street, alley, driveway, or drive aisle.Curfew: See Outdoor Lighting Curfew. Demolition: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.Demolition Permit: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.Developer: Any individual, corporation, company, firm, partnership, joint venture, or other entity responsible for land platting and/or construction or placement of any structures or infrastructure within the boundaries of the city. If the property owner has engaged a representative to act as his/her agent, the agent must possess a legally binding agreement with the property owner in order to act in the property owner's behalf with regard to the development of the project.Development: Any activity that alters the ground or lot lines on a property. Development may include subdivision of land; construction of buildings, structures, or streets; installation of landscaping, infrastructure, utilities, or site features; and/or activities to prepare land for such construction or installation, such as grading. For the purposes of the IDO, this term includes new development and redevelopment on existing lots. Deviation: An exception to IDO standards that can be granted by the relevant decision-making body within thresholds established by Table 6-4-1 or based on criteria for a Waiver for standards in Sections 14-16-5- 3 (Access and Connectivity), 14-16-5-4 (Subdivision of Land), or 14-16-5-5 (Parking and Loading) pursuant to Subsection 14-16-6-6(P) (Waiver DHO) or for standards related to wireless telecommunications facilities pursuant to Subsection 14-16-6-6(Q) (Waiver Wireless Telecommunications Facility). See also Waiver.DHO: Development Hearing Officer
A person or firm on contract with the City who makes decisions about subdivisions, vacations, and waivers based on zoning standards in the IDO and technical standards in the DPM. The DHO replaced the Development Review Board with the effective date of the 2021 IDO Annual Update.Dispatch Center: A facility from which vehicles for couriers, deliveries, security, locksmiths, taxis, senior services, mealson-wheels, or similar services are dispatched. Accessory uses may include, but are not limited to, administrative offices and vehicle washing facilities.Distance for Notice of Appeals: Includes public rights-of-way unless specified otherwise in this IDO.Distance from a Linear Feature: When this IDO refers to a distance from any linear feature, including but not limited to a street, lot line, or faade, the measurement shall be made perpendicular to the linear feature along the length of that linear feature.Distance to a Through Lane: Distance to a through lane is measured to the closest striped edge.Distillation: The heating of dried cannabis or cannabis extract for the purposes of separating one or more cannabinoids.DNL: Day-night Noise LevelDormitory: A residence hall providing rooms for individuals or groups, with common spaces for living and cooking. Individual bedrooms may have a dedicated bathroom or shared bathrooms. Dormitories are often established with a university or college, vocational school, or sorority or fraternity. See also Club or Event Facility, University or College, and Vocational School.DPM: Development Process Manual (DPM)
A compilation of City requirements related to design criteria, technical and engineering standards, and procedures for the processing of development proposals within the City's jurisdiction, particularly relating to public rights-of-way.Drainage Facility: The system of structures for collecting, conveying, and storing surface and stormwater runoff. Drainage facilities are for surface and stormwater runoff conveyance and containment. These include but are not limited to streams, pipelines, channels, ditches, arroyos, acequias, wetlands, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and manmade. On-site drainage ponding areas that manage stormwater generated by uses on the lot are not considered drainage facilities. See also Acequia, Major Arroyo, and Major Utility.Drainage Plan: Drainage Plan
See definition in the DPM.Drainage Report: Drainage Report
See definition in the DPM.DRB: Development Review Board (DRB)
A board made up of City and Agency staff that was replaced by the Development Hearing Officer with the effective date of the 2021 IDO Annual Update. For the purposes of this IDO, major amendments of an approved Site Plan DRB may be reviewed and decided pursuant to Subsection 14-16-6-4(Y)(2)(c)3.Drive Aisle: An accessway with a stabilized surface allowing vehicular access either to individual buildings or to parking space(s) within parking lots in multi-family, mixed-use, and non-residential development.Drive Pad: Drive pad
See definition in the DPM.Drive-in Theater: An establishment including a large outdoor movie screen, a projection booth, and a large parking area for automobiles from which films projected outdoors may be seen. Accessory uses may include a concession stand.Drive-through or Drive-Up Facility: Facilities associated with a primary use, including but not limited to banks, financial institutions, restaurants, dry cleaners, and drug stores, but not including car washes or light vehicle fueling, to offer goods and services directly to customers waiting in motor vehicles. See also Car Wash and Vehicle Definitions for Light Vehicle Fueling.Driveway: An unobstructed area for parking that is located between the sidewalk (or drivepad if no sidewalk is required) and the garage or other allowed off-street parking area in low-density residential development and that is paved per DPM standards for pavement or alternative pavement. See the DPM for definition of drive pad and for paving standards. See also Parking Definitions for Garage.DT: Downtown Center (DT)
The area designated as the Downtown Center in the ABC Comp Plan, as amended.Dwelling Unit: Unless specified otherwise in this IDO, one or more connected rooms and a kitchen designed for and occupied by no more than one family for living and sleeping purposes, permanently installed on a permanent foundation and meeting the requirements of Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code), as of the date of the unit's construction. See also Family and Kitchen.Dwelling Unit, Accessory: A dwelling unit that is accessory to a primary single-family or two-family detached dwelling or a non-residential primary use. A detached accessory dwelling unit is also considered an accessory building. See also Dwelling Definitions for Dwelling, Live/work; Dwelling, Single-family Detached; and Dwelling, Two-family Detached (Duplex); Kitchen; and Measurement Definitions for Accessory Dwelling Unit.Dwelling, Cluster Development: A development type that concentrates single-family or two-family detached dwellings on smaller lots than would otherwise be allowed in the zone district in return for the preservation of common open space within the same site, on a separate lot, or in an easement. A cluster development does not increase the overall density of a development but rather allows dwellings to be clustered on smaller lots. The intent of cluster development is to create an innovative development pattern that is sensitive to natural features and topography and creates more area for open space, recreation, and social interaction. See also Open Space, Common.Dwelling, Cottage Development: A shared-interest low-density residential community in which multiple small individual dwellings are served by shared private ways or infrastructure, and in which the development intensity is measured by the amount of gross floor area in residential dwelling units rather than the number of residential dwelling units. A cottage development may include a combination of dwelling units with or without kitchens and with shared facilities, including but not limited to open space, parking lots or carports, gardens, recreation areas, community building(s) with facilities such as a kitchen and dining area, meeting and activity spaces, and a maximum of 1 guest room.Dwelling, Live-Work: A residential dwelling unit that includes a dedicated work space accessible from the living area, reserved for and regularly used by one or more residents of the dwelling unit, and in which the type or size of the work performed is larger or more extensive than that allowed as a home occupation. See also Home Occupation.Dwelling, Mobile Home: A transportable structure that does not meet the construction safety standards of the federal Manufactured Housing Act of 1974. For the purposes of this IDO, this definition includes transportable structures built prior to June 15, 1976, when the Act went into effect.Dwelling, Multi-family: A building, multiple buildings, or a portion of a building located on a single lot, containing 3 or more dwelling units, each of which is designed for or occupied by one family only, with separate housekeeping and cooking facilities for each, and that does not meet the definition of a townhouse dwelling. Within mixed-use development, a building containing 2 or more dwelling units is considered multi-family. See also Development Definitions for Multi-family.Dwelling, Single-family Detached: A residential building used for occupancy by 1 household that is not attached to any other dwelling unit through shared side or rear walls, floors or ceilings, or corner points. See also Manufactured Home and Development Definitions for Low-density Residential.Dwelling, Temporary: A portable dwelling, not attached to a permanent foundation, for use during temporary events or construction periods. For the purposes of this IDO, tents are not considered temporary dwellings. See also Campground or Recreational Vehicle Park.Dwelling, Townhouse: A building or multiple buildings with 3 or more dwelling units divided from each other by vertical common walls, each having a separate entrance leading directly to the outdoors at ground level. For the purposes of this IDO, this use is considered a type of low-density residential development, whether the townhouses are platted on separate lots or not. See also Development Definitions for Lowdensity Residential.Dwelling, Two-family Detached (Duplex): A residential building containing 2 dwelling units, each of which is designed for or occupied by 1 family only, with kitchens for each. Each unit in a two-family dwelling is completely separated from the other by an unpierced wall dividing the 2 units side-to-side or back-to-front or by an unpierced ceiling and floor extending from exterior wall to exterior wall (overunder), except for a stairwell exterior to 1 of the dwelling units. See also Development Definitions for Low-density Residential.Easement: A legal right to use anothers land for a specific, limited purpose, typically within private ways. The purpose may include, but is not limited to, installing and maintaining stormwater drainage, water and sanitary sewer lines, fire hydrants, landscaping, and other infrastructure improvements. Easements may also be granted for open space, view protection, or other specific uses. See also Private Way.EC: Employment Center (EC)
An area designated as an Employment Center in the ABC Comp Plan, as amended. For the purposes of this IDO if any portion of a parcel is within an Employment Center, the Employment Center regulations apply to the entire parcel.EES: EnergyStorageSystemElectric Utility: A facility used or designed to provide electricity services to the city or part of the city that is regulated as a public utility by the New Mexico Public Regulation Commission, but not including an Energy Storage System, which is regulated as a separate use for the purposes of this IDO. Back-up generators and back-up battery storage are incidental to this use. See also Energy Storage System, Geothermal Energy Generation, Major Utility, Solar Energy Generation, Utility-scale Electric Facility, and Wind Energy Generation.Electric Vehicle Charging Station: A facility or area where electric-powered or hybrid-powered motor vehicles can obtain electrical current to recharge batteries and that is an incidental activity of a primary use of the property.Electromagnetic Interference: Disturbance caused by intruding signals or electrical current.Electronic Sign: A sign that is internally lit to display messages and images that are changed electronically. The lit sign area may be of various types, including but not limited to flat screen, active display matrix, or a board with a single or multiple lines of text or graphics. The light source may vary but is typically Light Emitting Diodes (LED). Any sign that meets the definition of a neon sign is not considered to be an electronic sign. See also Sign Definitions for Neon Sign.Employment Center: An area designated as an Employment Center in the ABC Comp Plan, as amended.EPA: United States Environmental Protection AgencyEPC: Environmental Planning Commission (EPC)
A 9-member commission appointed by the Mayor, as described in Section 14-16-6-2(E) (Environmental Planning Commission), that makes discretionary and policy decisions and recommendations about land use in the city.Equestrian Facility: A facility where horses, mules, or ponies are hired, bred, shown, or boarded including accessory stables or exercise areas. Equestrian facilities are often for the display of equestrian skills and the hosting of events, including but not limited to show jumping, dressage, and similar events of other equestrian disciplines.Escarpment: Land with 9 percent slope or more, where development is discouraged. The Northwest Mesa Escarpment is part of the Petroglyph National Monument, which is also designated as Major Public Open Space. See also Open Space Definitions for Major Public Open Space.ESS: Energy Storage System
A utility-scale electric facility that stores energy from the electrical grid and then discharges it at a later time to provide power when needed. An ESS may include electrochemical batteries and/or solid-state batteries (Battery Energy Storage System), mechanical energy storage, and/or thermal energy storage. For the purposes of this IDO, this use does not include charging equipment for electric vehicles (EVs), batteries used in consumer products, or residential energy storage systems. See also Electric Utility and Utility-scale Electric Facility.Establishment: A place of business, industry, institutional, or philanthropic activity, with its furnishings and staff. See also Business.EV Capable: Parking spaces with a capped cable or raceway connected to an installed electric panel with dedicated branch circuit(s) to install the infrastructure and equipment needed for a future electric vehicle (EV) charging station with a rating of 240 volts or higher.Existing Vertical Structure: Any tower or other vertical structure that was constructed in accordance with a building permit.Exterior Appearance: The visual character of all outside surfaces of a structure, including the kind and texture of the signs, light fixtures, steps, or appurtenant elements.Extraction: The use of any solvent except water to separate one or more cannabinoids from dried cannabis.Extraordinary Facility: Facility within Major Public Open Space, not including trails, fencing, signs, incidental parking lots, access roads, or infrastructure not visible on the surface, that is primarily for facilitating recreation, relaxation, and enjoyment of the outdoors and that requires additional review by the Open Space Advisory Board and EPC pursuant to the Rank 2 Major Public Open Space Facility Plan. Extraordinary Facilities may include utility structures, WTFs, or buildings. See also Open Space Definitions for Major Public Open Space.FAA: Federal Aviation AdministrationFaade: When the IDO refers to a distance to a faade, the measurement shall be made to the closest perpendicular plane of a primary building faade. See also Garage and Faade Definitions.Face-mounted WTF: A wireless telecommunications antenna attached to and covering a small portion of the surface of a building. Face-mounted WTFs are considered unconcealed and are prohibited. Existing face-mounted WTFs are regulated as Nonconforming uses. See also Unconcealed WTF.Facility Plan: Rank 2 plan that is specialized to cover only one type of utility or public facility, such as electric facilities or Major Public Open Space, and specifies important development standards, general site locations, and multi-year programs for facility capital improvements. Such plans address the entire metropolitan area or city, or at least a major part of it.Fair, Festival, or Theatrical Performance: An organized event or set of events, including but not limited to musical performances and plays, usually happening in one place for a designated period of time with its own social activities, food, or ceremonies and accessory sales of retail goods.Fairgrounds: An area developed for the purpose of holding fairs, circuses, or exhibitions.Family: Any of the following individuals or groups:
1. An individual.
2. Two (2) or more persons related by blood, marriage, legal guardianship, or adoption, plus household staff.
3. Any group of not more than 5 unrelated persons living together in a dwelling that do not meet the definition of group home. See also Group Home.
4. Any group of 5 persons or more that has a right to live together pursuant to the federal Fair Housing Act Amendments of 1988 (or as amended), as interpreted by the courts.Family Care Facility: An occupied dwelling used for 24-hour care of 1 or 2 residents who are not relatives of the resident family and not under court ordered guardianship of a member of the resident family. This type of facility must be licensed as a Family Care Home by the State and provide services as outlined for Adult Residential Shelter Care or Board and Care Homes in New Mexico Health and Environment Department regulations.Family Home Day Care: An occupied dwelling in which a person provides, for remuneration, care for at least 4 but not more than 12 children on a regular basis for less than 24 hours per day. The resident provider's children who are age 6 or more shall not be counted for this definition.Farmers Market: An occasional or periodic market held in a designated area where groups of individual sellers offer for sale to the public items such as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages dispensed from booths located on-site. See also Agricultural Sales Stand, Open Air Market, and Seasonal Outdoor Sales.FC: FootCandleFestoon Lighting: String lighting with individual bulbs suspended between 2 or more points and capable of providing usable illuminance, subject to curfew. For the purposes of this IDO, festoon lighting is not considered seasonal lighting. See also Outdoor Lighting Curfew and Seasonal Lighting.Film Production: For the purposes of this IDO, a temporary use that involves filming a movie, television show, commercial, or other type of televised media as the primary use of the property. Film production includes temporary structures, such as sets, lighting rigs, sound stages, and the parking of large vehicles.Final Plat: The completed subdivision plat in a form for approval and recordation.Finished Grade: 1. The elevation of the approved ground level at all points along a wall or fence.
2. The specified elevation on the grading plan approved by the City in conjunction with an approved Subdivision or Site Plan. In the absence of such approved plans, natural grade applies. See also Natural Grade and Measurement Definitions for Grade.Fire Station: A public facility where fire engines and other equipment are housed and from which calls for emergency fire responses are handled.Flood Definitions: The Citys flood protection regulations are included in Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control). If there is a conflict between these general definitions and the definitions in Article 14-5, the definitions in Article 14-5 shall prevail.Flood Fringe: The area between the floodway and the boundary of the base flood (i.e. 100-year flood).Floodplain: Any land area that is subject to a one percent or greater change of flooding in any given year (i.e. a base flood), as defined by the Federal Emergency Management Agency and shown on National Flood Insurance Program maps, from any source. The floodplain includes both the floodway and flood fringe. See also Sensitive Lands Definitions.Floodway: The channel of a river, arroyo, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood.Foot Candle: A unit of illumination measurement equal to 1 lumen per square foot (lm/s.f.) of surface area.Forecourt: Building frontage where the street-facing faade is aligned with the front lot line, with a portion of the building set back. A fence or wall at the property line may be used to define the private space of the court. Gardens and vehicular drop-off areas are allowed within the forecourt.Framework Plan: A plan that accompanies applications for the creation of a PC zone district that describes, in general terms and without engineering level detail, proposed land uses (based on definitions in this IDO); proposed maximum and minimum intensities of development for each development phase or area; and the location, size, alignment, and connectivity of proposed automobile, bicycle, and pedestrian circulation systems; open space and/or wildlife habitat systems; and storm drainage systems and facilities.Freestanding Sign: A sign attached to or supported from the ground and not attached to a building. Signs on walls or fences that are not an integral part of a building are considered freestanding signs. Freestanding signs do not include portable signs. See Sign Definitions for Monument Sign and Pole Sign for sign types that are considered freestanding.Freestanding WTF: A WTF, other than a public utility collocation, that consists of a standalone support structure, antennas, and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, or similar structure.Freight Terminal: A property or building used primarily for the temporary parking of trucks of common or contract carriers during loading or unloading and for receiving and dispatch of freight vehicles, including necessary warehouse space for storage of transitory freight. Incidental activities include, but are not limited to, a truck wash and loading and unloading from rail spurs.Front Faade: The street-facing faade that is parallel to and closest to the front lot line and that typically contains the front door or primary pedestrian entrance. See also Measurement Definitions for Faade and Yard Definitions for Front Yard.Front Lot Line: A legal boundary of a lot that abuts a street. On a corner lot, the side with the street number address is the front lot line. For the purposes of determining setback requirements on an interior lot that does not abut a street, the lot is not considered to have a front lot line. In that case, all lot lines would be considered side lot lines. For a through lot, the property owner may designate which of the 2 lot lines is the front lot line. See also Measurement Definitions for Setback. Front Yard: The part of a lot from the front lot line to any front faade of the primary building, extended to both side lot lines. If there is no primary building on the lot, the part of a lot within the minimum setback in the zone district on the side of the lot where the property will be addressed. See also Lot Definitions.Front-access Garage: A garage in which the garage door is angled less than 45 degrees away from the front lot line (i.e. typically the street that the primary residence faces). See also Garage, Side-access Garage, and Rear-access Garage.Fully Shielded Luminaire: Luminaires constructed and properly installed so that no light rays are directly emitted at angles above the horizontal plane as certified by a photometric test report and all light is effectively directed downward.Game Arcade: Any commercial building in which there are more than 3 amusement game machines on the premises that are available to the public. An arcade may contain commercial recreational machines or games otherwise allowed in the State of New Mexico (beyond amusement game machines).Garage: A single-story structure or part of a building in a low-density residential development or a single-story structure in a multi-family residential development designed to accommodate motor vehicle parking spaces that are completely enclosed, but not including a parking structure. For the purposes of this IDO, the terms two- or three-car garages refer to the garage width, assuming side-by-side parking, not tandem parking. See also Front-accessed Garage, Parking Structure, Rear-accessed Garage, and Side-accessed Garage and Development Definitions for Residential Development.Garage or Yard Sale: The occasional sale of household goods from a residential premises to the public, but not including the sale of new or used commercial goods not previously used as household goods by the individuals conducting the sale or goods purchased by the household specifically for resale.Garden: An area of land managed and maintained as an accessory use of land to cultivate fruits, flowers, vegetables, or ornamental plants for personal or group use, consumption, or donation.General Agriculture: Any use of land for the purposes of crops, grazing animals, orchards, trees or forest lands, and any other use pertaining to farming or agricultural research, including the raising of horses, cattle, sheep, goats, and other farm animals for use or sale, and including all the types of structures normally associated with these uses, such as storage bins, barns, sheds, tool houses, greenhouses, garages, and any other use or facility ancillary to farming or open land. See also Animal Keeping, Building and Home Improvement Materials Store, Community Garden, and Nursery.General Retail: An establishment providing for the retail sale of general merchandise or food to the general public for direct use and not for wholesale; including but not limited to sale of general merchandise, clothing and other apparel, flowers and household plants that are not grown on-site, dry goods, convenience and specialty foods, hardware and similar consumer goods, cannabis for medical consumption pursuant to Sections 26-2B-1 to 26-2B-10 NMSA 1978 (the Lynn and Erin Compassionate Use Act), or other retail sales not listed as a separate use in Table 4-2-1. See also Adult Retail, Building and Home Improvement Materials Store, Large Retail Facility, Liquor Retail, and Grocery Store. General retail is divided into 3 categories based on the size of the establishment or use (not the size of the structure):
1. General Retail, Small: An establishment with no more than 25,000 square feet of gross floor area.
2. General Retail, Medium: An establishment of more than 25,000 square feet of gross Floor area and no more than 50,000 square feet of gross floor area.
3. General Retail, Large: An establishment of more than 50,000 square feet of gross floor area. See also Large Retail Facility.Geothermal Energy Generation: The use of land area for equipment for the conversion of natural geothermal energy into energy. Backup generators and battery storage are incidental to this use. See also Electric Utility, Major Utility, Solar Energy Generation, and Wind Energy Generation.Glare: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to causing annoyance, discomfort, or loss of visual performance.Golf Course: A tract of land laid out with a course for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, shelters, restroom facility, or similar accessory use or structure. The facility may also include public trails private trails, and golf cart paths.Grade: 1. The average of the ground levels immediately adjacent to each faade of a building, considered separately.
2. Where an earth embankment is placed against the side of a building or a retaining wall supporting a terrace is placed close to a building, grade shall be measured from the toe, or bottom, of the embankment or retaining wall; the finished floor of the building is not to be considered.Grocery Store: An establishment that sells a wide variety of goods organized in departments, including but not limited to fresh produce, meat and dairy, canned and packaged food items, small household goods, and similar items, with more than 50 percent of the gross floor area devoted to the sale of food products for home preparation and consumption. See also General Retail.Gross Floor Area: The total floor area, including basements, garages, mezzanines, and upper floors, if any, expressed in square feet measured from the outside surface of exterior walls.Ground Floor Clear Height: The vertical distance of the interior of a ground floor, measured from the slab or top of the sub-floor to the ceiling or the bottom of the exposed support structure for the second floor. This may also be referred to as floor-to-ceiling height.Ground Floor Commercial Bonus: At least 50 percent of the ground floor street-facing faade must be uses in the Commercial Uses category per Table 4-2-1.Group Home: A facility that is designed to provide a residence and services for persons who need personal assistance, personal services, personal care, and/or protective care but do not meet the definition of a handicapped person or another person protected against housing discrimination under the federal Fair Housing Act Amendments of 1988 (as amended) and court decisions interpreting that Act. This use does not include 24-hour skilled nursing care, which is regulated as either hospital or nursing home for the purposes of this IDO. This use includes other services as incidental activites if they comply with all local and state licensing requirements, including any required license by the New Mexico Department of Health. This use includes facilities for persons in the criminal justice system or residential facilities to divert persons from the criminal justice system. This use includes facilites for persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program.Group Home is divided into 3 categories based on the number of individuals residing in the facility (not the size of the structure).
1. Group Home, Small: A facility housing no more than 8 unrelated individuals receiving services, plus those providing services.
2. Group Home, Medium: A facility housing between 9 and 18 unrelated individuals receiving services, plus those providing services.
3. Group Home, Large: A facility housing 19 or more unrelated individuals receiving services, plus those providing services.Health Club or Gym: A non-medical service establishment intended to maintain or improve the physical condition of persons that contains exercise and game equipment and facilities, steam baths and saunas, or similar equipment and facilities.HEART: Humane and Ethical Animal Rules and TreatmentHeavy Manufacturing: The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment or that ordinarily have significant impacts on the use and enjoyment of other properties in terms of noise, smoke, fumes, odors, glare, or health or safety hazards. Loading and unloading from rail spurs and wholesaling of products manufactured at the facility are incidental to this use. This use does not include any activity that meets the definition of special manufacturing. See also Clean Room, Special Manufacturing, and Cannabis Definitions for Cannabis-derived Products Manufacturing and Cannabis Cultivation.Heavy Vehicle: A vehicle with a gross vehicle weight rating of 10,000 pounds or greater, including but not limited to tractors, semi-trucks and/or trailers, buses, harvesters, loaders, and all tracked vehicles. Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair: A facility that is engaged in the sales, fueling, rental, and/or vehicle repair of heavy vehicles and equipment typically used in agricultural, transit, commercial, or industrial operations. This use does not include any vehicle that meets a definition for a distinct vehicle in this IDO, including but not limited to Recreational Vehicle. Sales of parts, whether new or used, for heavy vehicles and equipment, and incidental storage of heavy vehicles related to sales, rental, fueling, repair, service, and maintenance are included in this use. See also Vehicle Definitions for Heavy Vehicle.Helipad: An area of land or structural surface created for and used for the landing and takeoff of helicopters or similar vertical lift aircraft, including but not limited to medical and law-enforcement helipads.Hemp: As defined by 20-10-2-7 NMSA 1978. For the purposes of this IDO, hemp is not regulated as cannabis. See also Cannabis.HID: High-intensity DischargeHistoric Sign: A sign that is 50 years old or greater or listed or determined to be eligible for listing in the New Mexico Register of Cultural Properties either individually or as a contributing part of a property or a sign that contributes to the historic character of a designated City landmark.Home Occupation: An activity that is carried on for commercial or philanthropic purposes on the same lot as a dwelling unit where the operator of the home occupation resides and that is clearly secondary to that dwelling. See also Dwelling, Live-work.Hospital: A facility designed to provide medical and health-related care for individuals. Such facilities may provide diagnosis and treatment, both surgical and nonsurgical, for patients who have any of a variety of medical conditions through an organized medical staff and permanent facilities that include inpatient beds, medical services, and continuous skilled nursing care. This use includes any facility licensed by the State as a general, limited, or special hospital.Hotel or Motel: An establishment that provides guest rooms for temporary sleeping accommodations within completely enclosed portions of a building for rental at market rates. This use does not include Bed and Breakfast establishments, which are regulated separately for the purposes of this IDO.HPO: Historic Preservation Overlay (zone)HUD: U.S. Department of Housing & Urban DevelopmentIES: IlluminatingEngineeringSocietyIIA: Infrastructure Improvements Agreements
An agreement entered into between the City and a subdivider by which the subdivider agrees to assure construction of required infrastructure improvements.Illuminance: A measurement for the amount of light falling onto a surface, commonly measured in the horizontal and/or vertical planes in foot candles (Fc) or lux.Illuminated Sign: Any sign that is directly lighted by any on-premises electrical light source, internal or external, except light sources specifically and clearly operated for the purposes of lighting the general area in which the sign is located rather than upon the sign itself, including but not limited to luminous tubing signs such as neon signs. All electronic signs are illuminated signs.Independent Living Facility: Multi-family residential development accessory to either an assisted living facility or nursing home as part of a continuing care community that allows residents to transfer to higher levels of care as needed. Independent living units may be designed and constructed as part of a central building containing multifamily dwelling units along with other levels of care or as attached or detached units similar to lowdensity residential development. Such facilities may include a central or private kitchen, dining, recreational, and other residential accessory uses. See also Assisted Living Facility; Development, Multifamily; Nursing Home; and Other Use Accessory to Residential Primary Use.Indian Nations, Tribes, or Pueblos: For the purposes of this IDO, the designated chief executives (or their designees) of a federally recognized Indian Nation, Tribe, or Pueblo located wholly or partially in New Mexico. The Tribal Liaison with the Citys Office of Native American Affairs shall maintain an updated list of the names and contact information.Industrial Development: Properties with uses in the Industrial Uses category in Table 4-2-1 unless specified otherwise in this IDO, including but not limited to provisions related to Edge Buffer Landscaping.Infill Development: Development or redevelopment on a property within the 1960 City limits or, outside that boundary, development or redevelopment on no more than 20 acres of land, that has a public water main and a public sewer main fronting the property within the City right-of-way, and where at least 75 percent of the adjacent lots are developed and contain existing primary buildings.Infrastructure: Streets, sidewalks, public or private utility facilities, sanitary sewer and water system facilities, drainage and flood control facilities, street lighting, and other improvements used by the public or used in common by owners of lots within a subdivision. Includes both private (owned by a non-governmental entity) and public (owned by a governmental entity) improvements.Interior Side Yard: The part of a lot from an interior side lot line to the side faade of the primary building. See also Lot Definitions.Interstate Highway: An access-controlled street that is part of the National Highway System. For the purposes of this IDO, this term includes all public right-of-way owned or controlled by NMDOT along Interstate Highway 25 and Interstate Highway 40 associated with the interstate highway, including but not limited to through lanes, frontage roads, on- and off-ramps, and interchanges. See also Through Lane.Irrigation Facility: The system of water facilities within the MRGCD, including acequias, ditches, laterals, canals, interior drains, riverside drains, and wasteways, which convey water to irrigators or return unused irrigation water to the Rio Grande. Some facilities may also convey stormwater. The irrigation facility includes the canal that conveys the water, the maintenance road(s) along the bank top, and the sloped banks that tie back to the surrounding land. These facilities may or may not have a formal easement. See also Acequia.Joint Sign Premises: Two (2) or more abutting premises, each with less than 100 feet of street frontage that are treated as 1 premises through an agreement between their respective owners and the City in order to qualify for a freestanding sign that would not be allowed on the individual premises.Kennel: A premises on which 5 or more dogs or cats or combinations of dogs and cats over 3 months of age are kept, maintained, or boarded.Kitchen: An area of a dwelling where there is a sink of adequate size and shape for washing dishes and food items (as opposed to washing hands) and a cooking stove, range, or oven. The presence of a sink and a hot plate or microwave does not constitute a kitchen, unless specified otherwise in this IDO.kV: KilovoltLandmark: Any real property designated as a landmark structure or site pursuant to Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).Landmarks Commission: The City Landmarks Commission as created by Section 14-16-6-2(H) (Landmarks Commission) to review and recommend decisions about potential historic zones or landmarks.Landscape Area: The area, optional or required, that is landscaped with living vegetative materials, such as trees, grasses, vines, spreading shrubs, or flowers. In addition, the landscape area may include natural and manufactured materials, including but not limited to rocks, fountains, reflecting pools, works of art, screens, walls, fences, benches, and other types of street furniture.Landscape Buffer: A required piece of land in a specific location used to physically separate or screen one land use or piece of property from another and landscaped with at least the minimum requirements specified in this IDO.Landscaping: The planting and maintenance of live plants including trees, shrubs, ground cover, flowers, or other low-growing plants that are native or adaptable to the climatic conditions of the Albuquerque area. Includes the provision of non-vegetative materials as ornamental features to make an area more attractive. See also Landscape Area and Measurement Definitions for Net Lot Area.Large Retail Facility: A single-tenant building with at least 50,000 square feet of gross floor area for the purposes of retailing. A collection of establishments, each less than 50,000 square feet, linked by common walls is not considered a large retail facility. See also General Retail.Large Stand of Mature Trees: At least 3 trees with trunks at least 8 inches in diameter at breast height (DBH), as measured by the City Forester, on a subject property.LC: Landmarks Commission (LC)
The City Landmarks Commission as created by Section 14-16-6-2(H) (Landmarks Commission) to review and recommend decisions about potential historic zones or landmarks.LED: Light Emitting DiodeLibrary: A public facility for the use and loan, but not sale, of literary, musical, artistic, or reference materials.Lien: A statutory lien against land for the estimated cost of construction of required infrastructure or improvements by the applicant, Developer, or Subdivider, which is recorded and enforced in accordance with Article 3-36 NMSA 1978 or such other method prescribed by law.Light Fixture: An assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.Light Manufacturing: The assembly, fabrication, or processing of goods and materials, including machine shop and growing food or plants in fully enclosed portions of a building, using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed primarily within the fully enclosed portions of a building. Loading and unloading from rail spurs and wholesaling of products manufactured at the facility are incidental to this use. This use does not include any use that meets the definition of Heavy Manufacturing or Special Manufacturing. See also Clean Room and Cannabis Definitions for Cannabis-derived Products Manufacturing and Cannabis Cultivation.Light Source: The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.Light Spillover: The shining of light produced by a light fixture beyond the boundaries of the property on which it is located.Light Trespass: Light traveling past property lines and illuminating properties without approval.Light Vehicle: A vehicle that has a gross vehicle weight rating of less than 10,000 pounds, including but not limited to automobiles, light trucks, sport utility vehicles, vans, boats, recreational vehicles, trailers, motorcycles, mopeds, scooters, and ATVs.Light Vehicle Fueling Station: An establishment primarily engaged in the retail dispensing or sale of light vehicle fuels, including but not limited to gasoline, gas/oil mixtures, diesel fuel, compressed natural gas, electricity, and hydrogen through fixed, approved dispensing equipment. Incidental activities include, but are not limited to car washes; vehicle service and maintenance; and the sale of convenience items, food, beverages, household necessities, lubricants, and batteries. This use does not include any facility meeting the definition of light vehicle repair (except those incidental services listed above), light vehicle sales and rental, outdoor vehicle storage, or any use in the Retail Sales sub-category in Table 4-2-1 except incidental retail sales listed above. See also Liquor Retail, Outdoor Vehicle Storage, and Vehicle Definitions for Light Vehicle Repair, Light Vehicle Sales and Rental, Light Vehicle, Vehicle Repair, and Vehicle Service and Maintenance.Light Vehicle Repair: Any facility providing vehicle repair and vehicle service and maintenance of light vehicles. See also Vehicle Definitions for Light Vehicle, Vehicle Repair, and Vehicle Service and Maintenance.Light Vehicle Sales and Rental: An establishment primarily engaged in the retail sale and/or rental of new and used light vehicles, including incidental outdoor display, storage, and vehicle service and maintenance. This use includes the retail sale/rental of modular and manufactured homes, motor homes. This use does not include outdoor vehicle storage as a primary use. See also Vehicle Definitions for Light Vehicle and Vehicle Service and Maintenance.Lighting Designations: Lighting designations align with the ANSI/IES lighting zone definitions, which serve as the basis for ANSI/IES lighting standards. For the purposes of this IDO, the lighting zones are summarized below.
Natural Dark Zone (NDZ) Natural areas where no anthropogenic lighting is allowed at night.
Light Zone 0 (Lz0) Predominantly dark areas with limited built environment. Responsible lighting techniques offer some environmental protection.
Light Zone 1 (Lz1) Developed areas with quiet and dark character, commonly used for residential and lower-volume areas.
Light Zone 2 (Lz2) Developed areas for commerce and recreation with moderate volume. Lighting and minimal signage inform people.
Light Zone 3 (Lz3) Commercial signage and lighting are continuous as they compete to attract and entertain people.Liquor Retail: A retail sales establishment licensed by the State selling packaged alcoholic liquors (including beer, wine, and spirituous liquors) for consumption off-site. Establishments that operate under a Small Brewer's, Winegrower's, or Craft Distiller's license are not considered Liquor Retail. See also General Retail and Tap Room or Tasting Room.LM: LumenLoading Area: An area where merchandise and/or supplies are delivered and unloaded or where customers can receive goods for transport off the site.Local Street: A street designated in the DPM that is primarily used to access abutting properties. A local street may be designated as an access local, normal local, or major local street and carries low traffic volumes. See the DPM.Lot: A tract or parcel of land, exclusive of public right-of-way, that meets any of the following criteria:
1. Has been platted and placed on the Bernalillo County Clerk's record in accordance with laws and ordinances applicable at the time.
2. Is described by metes and bounds held in separate ownership prior to June 20, 1950 or October 2, 1950, as shown on the records of the Bernalillo County Assessor.
3. Is a portion of one or more platted lots, which portion was placed on the records of the Bernalillo County Assessor prior to November 16, 1973, provided that such portion met all requirements of area and dimension of the zone in which it was located when created.
4. Has been placed in the records of the Bernalillo County Assessor pursuant to the laws of the State of New Mexico related to situations not covered by the applicable subdivision regulations in effect at that time.Lot Line: A boundary of a deeded lot (i.e. a lot recorded and mapped by the Bernalillo County Assessor) or platted lot (i.e. a lot recorded by the Bernalillo County Clerk and mapped by AGIS).Lot Width: The length of a straight line between the mid-points of each of the side lot lines. See Lot Definitions for Side Lot Line.Low-density Residential Development: Properties with residential development of any allowable land use in the Household Living category in Table 4-2-1 other than multi-family dwellings. Properties with small community residential facilities are also considered low-density residential development. Properties that include other uses accessory to residential primary uses are still considered low-density residential development for the purposes of this IDO. See also Dwelling Definitions for Dwelling, Cluster Development; Dwelling, Cottage Development; Dwelling, Live-work; Dwelling, Single-family Detached; Dwelling, Townhouse; and Dwelling, Two-family Detached (Duplex); Manufactured Home, and Other Uses Accessory to Residential Primary Uses.LRV: Light Reflective ValueLUHO: Land Use Hearing Officer (LUHO)
The individual(s) appointed and designated by the City Council as described in Section 14-16-6-2(I) (Land Use Hearing Officer) to review and recommend decisions on appeals to the City Council.Lumen: A unit of measure to rate the quantity of light provided by a light source.Luminaire: The complete electrical light unit, including the light source, housing, optics, and driver.Luminance: The light source or surface brightness as it is perceived by the human eye, measured in candela per meter squared (cd/m2).Lux: A unit used to measure illuminance. One (1) lux is equal to 1 lumen per square meter (lm/m2).Main Street Area: Lots within 660 feet in any direction of the centerline of a Main Street Corridor as designated by the ABC Comp Plan, as amended.Main Street Corridor: A Corridor designation from the ABC Comp Plan. See also Measurement Definitions for Corridor Area.Major Arroyo: An arroyo designated by the Rank 2 Facility Plan for Arroyos as a Major Open Space Arroyo or Major Open Space Link. See also Sensitive Lands Definitions for Arroyo.Major Public Infrastructure: Although ultimately determined on a case-by-case basis, major public infrastructure generally includes construction or significant redesign of a street, drainage, or utility facility or similar public infrastructure that is necessary for the subject property, and often nearby properties, to develop.Major Public Open Space: City-owned or managed property that is zoned NR-PO-B or City-managed property that is zoned NR-PO-C, including the Rio Grande State Park (i.e. the Bosque), Petroglyph National Monument, and Sandia foothills. These are typically greater than 5 acres and may include natural and cultural resources, preserves, low-impact recreational facilities, dedicated lands, arroyos, or trail corridors. The Rank 2 Major Public Open Space Facility Plan guides the management of these areas. For the purposes of this IDO, Major Public Open Space located outside the city municipal boundary that is mapped as Open Space in the ABC Comp Plan still triggers Major Public Open Space Edge requirements for properties within the city adjacent to or within the specified distance of Major Public Open Space.Major Subdivision: Any subdivision not classified as minor.Major Transit Area: Lots within 660 feet in any direction of the centerline of a Major Transit Corridor as designated by the ABC Comp Plan, as amended.Major Transit Corridor: A Corridor designation from the ABC Comp Plan. See also Measurement Definitions for Corridor Area.Major Utility: A facility sized or designed to serve the entire city, or a wide area of the city, and regulated as a public utility or common carrier by the State or other relevant jurisdiction or agency, including but not limited to major telephone facilities, natural gas facilities, water treatment plants, sewage treatment plants, and similar public services, but not including mass transit or railroad depots or terminals or any similar traffic generating activity, any facility that provides wireless telecommunications services to the public, or any use listed separately in Table 4-2-1. See also Drainage Facility, Electric Utility, and Major Public Infrastructure.Manufactured Home: A structure transportable in one or more sections that is built on a permanent chassis, is designed for use with or without a permanent foundation when connected to the required utilities, and meets the construction safety standards of the federal Manufactured Housing Act of 1974. Similar structures that do not meet the construction safety standards of that Act are referred to as mobile homes and are not allowed to be installed in the city. For the purposes of this IDO, manufactured homes are considered single-family detached dwellings. See also Dwelling Definitions for Dwelling, Mobile Home and Dwelling, Single-family Detached.Marquee Sign: A type of projecting sign mounted on a continuous structural band that forms the more or less vertical edge of the marquee structure.Massage Business: Any business offering massage therapy services pursuant to the State Therapy Practice Act, 61-12C-1 to 61-12C-25 N.M.S.A. 1978. For the purposes of this IDO, massage businesses are treated as personal and business services use. See also Personal and Business Services.Massing: The overall composition of the exterior of the major volumes of a building and their relationship to each other in a sequence in the overall design of the building or structure.Master Development Plan: A plan created by an applicant and approved by the City to achieve a coordinated private development, such as a business or industrial park, on larger sites that comprise more than one lot and building. A Master Development Plan may include standards that implement a cohesive design on the site.Master Plan: A Rank 3 Plan developed and approved by an implementing City department to guide the development, maintenance, and operation of individual public resources or facilities. For the purposes of the State Constitution, the Master Plan is a duly adopted plan or any of its parts for the development of an area within the planning and platting jurisdiction of a municipality for the general purpose of guiding and accomplishing coordinated, adjusted, and harmonious development. In the case of the City and Bernalillo County, this Master Plan is the ABC Comp Plan.Maximum Extent Practicable: No feasible or prudent alternative exists, as determined by the relevant decision-making body, after the applicant has taken all possible steps to comply with the standards or regulations and to minimize potential harmful or adverse impacts. Constraints to compliance that are self-imposed, such as through a particular platting proposal when other options are feasible, shall not be considered sufficient justification. Economic considerations may be taken into account but shall not be the overriding factor.Medical or Dental Clinic: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of licensed health care practitioners, dentists, or licensed health care practitioners and dentists in practice together.Metropolitan Redevelopment Area: An area that has been designated for targeted initiatives, incentives, or public and/or private investment in order to promote the repurposing or expansion of existing structures to accommodate new economic uses, or to promote the demolition, remediation, and/or redevelopment of sites to accommodate new economic uses.Minor Subdivision: Any subdivision that meets the eligibility requirements for a Subdivision of Land Minor pursuant to Subsection 14-16-6-6(K).Mixed-use Development: Properties with residential development and non-residential development on a single lot or premises. For the purposes of this IDO, mixed-use development can take place in the same building (i.e. vertical mixed-use) or separate buildings on the same lot or premises (i.e. horizontal mixed-use).Mixed-use Zone District: Any zone district categorized as Mixed-use in Part 14-16-2 of this IDO.Mobile Food Truck: Any wagon, truck, trailer, or other vehicle that is propelled by an engine or motor vehicle and from which any person sells, offers for sale, or gives away food or beverages. Other sales or services may be allowed as specified elsewhere in this IDO. For the purposes of this IDO, mobile food trucks are regulated as a mobile food truck use where accessory on a premises with any other primary use, regardless of the use, area, or purpose of that other primary use, but as a mobile food truck court where mobile food trucks are the only primary use on a premises. See also Mobile Food Truck Court.Mobile Food Truck Court: Any number of mobile food trucks as the only primary use on a premises. See also Mobile Food Truck.Mobile Vending Cart: A vehicle without motive power that has functional wheels and at least one axle and is used for the sale of goods, including but not limited to food, beverages, raw produce, flowers, arts, and crafts.Model Home: A dwelling or dwelling unit representative of other dwellings or units offered for sale or lease or to be built in an area of residential development. A model home may be used as a residential real estate sales office for the development in which it is located before occupancy by a household.Monument Sign: A type of freestanding sign with a maximum of 2 sign faces that is integrated into a solid structure beginning at the ground and including a base and/or up to 2 masonry or concealed supports. The total width of the support(s) at the bottom of the sign shall be no less than 25 percent of the width at the top of the sign. See also Freestanding Sign.Mortuary: An establishment in which the dead are prepared for burial or cremation, the body may be viewed, and funeral services are sometimes held.Mounting Height: The vertical distance between the finished grade and the center of the apparent light source of the luminaire.MRCOG: Mid-region Council of GovernmentsMRGCD: Middle Rio Grande Conservancy DistrictMulti-family Residential Development: Residential development of multi-family dwellings or uses from the Group Living category (except small community residential facilities) in zone districts as allowed per Table 4-2-1. Properties that include both multi-family dwellings and low-density residential development are considered multi-family residential development for the purposes of this IDO. Properties with other uses accessory to residential primary uses allowed per Table 4-2-1 are still considered multi-family residential development for the purposes of this IDO. See also Other Uses Accessory to Residential Primary Uses.Multi-use Trail: A paved path physically separated from motorized vehicle traffic by an open space or barrier and constructed within the public right-of-way, private way, or an easement, including but not limited to utility and drainage easements that permit more than one type of non-motorized use. See also Bikeway and Public Right-of-way.Museum: A facility open to the public, with or without charge, for the collection and display of paintings, sculpture, textiles, antiquities, other works of art, or similar items. See also Art Gallery.MW: MegawattNatural Dark Zone (NDZ): Natural areas where no anthropogenic lighting is allowed at night.Natural Grade: The average ground level based on the site contours of land that has never been issued a grading permit, prior to any grading or addition or removal of earth. See also Finished Grade and Measurement Definitions for Grade.Natural Resource Extraction: The extraction and/or refining of dirt, minerals, sand, gravel, and ores, from their natural occurrences on affected land and transportation of extracted materials to locations off-site. Loading and unloading from rail spurs is incidental to this use.Neighborhood Association: When used in this IDO, this term refers to Recognized Neighborhood Associations and Recognized Neighborhood Coalitions, as defined by of Part 14-8-2 of ROA 1994 (Neighborhood Association Recognition Ordinance).Neighborhood Edge: Any distance required by a standard in Section 14-16-5-9 (Neighborhood Edges) is measured from the nearest point on the nearest lot line of the Protected Lot to the nearest point on the Regulated lot that contains the feature being regulated.Neon Sign: A sign that uses neon, argon, or a similar gas to fill tubing, made of glass or similar material, that is charged with electricity and used to create an illuminated tubular sign or illuminated elements of a sign that includes, at a minimum lettering and/or images. The tubing may contain an alternative illumination technology, including but not limited to light-emitting diodes (LEDs). Any non-gaseous illumination technology, such as LEDs, must produce illumination that appears to be a continuous, uninterrupted line, similar to illumination produced by gaseous illumination technology.Net Lot Area: For purposes of calculating landscaping requirements, the total area of the lot minus the following:
1. The area of the lot covered by buildings.
2. The portions of the lot that are not required for off-street parking or a parking lot and that are fully screened from view from any abutting property or public right-of-way by an opaque wall or fence at least 6 feet high, in which no landscape will be required except required buffer landscaping; chain link fence with slats does not constitute acceptable full screening.
3. The area of any approved landscape that the property owner installs and maintains in the abutting public right-of-way, exclusive of the area of any existing or planned public sidewalk.Nicotine Retail: Any establishment licensed by the State to sell any tobacco product or electronic nicotine delivery system as defined in Sections 61-37-1 to 61-37-25 NMSA 1978 (Tobacco Products Act), or nicotine paraphernalia, including but not limited to, cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, electronic cigarette cartridges, electronic cigarette liquids, and any other items designed for the preparation, storing, consumption, or use of tobacco products or electronic smoking devices. This use does not include the sale of cannabis. See also General Retail and Cannabis Definitions for Cannabis Retail.Nightclub: An establishment dispensing liquor in which music, dancing, or entertainment is provided, but not including any adult entertainment use. See also Adult Entertainment.NMAC: New Mexico Administrative CodeNMSA: New Mexico Statutes AnnotatedNon-commercial or Broadcasting Antenna: An antenna that transmits and/or receives signals or waves radiated or captured for non-commercial or broadcasting purposes, including amateur radio station operation/receive-only antenna if owned and operated by a federally licensed amateur radio station operator or used exclusively for a receive-only antenna, WTFs used exclusively for emergency services, any antenna used for AM, FM, or TV broadcasting, or any other facility exempted from local regulation under the federal Telecommunications Act of 1996, as amended and interpreted by the courts and related regulations of the Federal Communications Commission. See also Wireless Telecommunications Facility Definitions for Wireless Telecommunications Facility.Nonconforming Lot: A lot that was lawfully created but does not conform to the lot size, lot dimension, or other requirements of this IDO related to the lot.Nonconforming Structure: A structure that does not conform to the IDO requirements for structures in the zone district where it is located, for reasons other than the use of the structure, but that did not violate those requirements at the time the structure was constructed. By way of example: a nonconforming structure could be one that violates height, setback, aesthetic, or form requirements.Nonconforming Use: A use of a structure or land that does not conform to the IDO requirements for land uses in the zone district where it is located, but that was an approved use at the time the use began.Nonconformity: A structure, use, lot, sign, or site feature that does not conform to applicable zoning but that did conform to applicable zoning in effect at the time it was built or developed.Non-residential Development: Development of allowable land uses on a property that includes no residential development.Non-residential Use: Any primary use in Table 4-2-1 not listed in the Residential Uses category. See also Residential Use.Non-residential Zone District: Any zone district categorized as Non-residential in Part 14-16-2 of this IDO.Nursery: A primary use of land in which the predominant activity is the growing of plants for wholesale or retail sales, which may take place outside or in greenhouses. Outdoor sales of plants are allowed.Nursing Home: A facility designed to provide a residence, meals, and medical- and health-related care for individuals, including 24-hour skilled nursing care. This definition includes facilities providing in-patient care for individuals suffering from a terminal illness. Such facilities may include commercial kitchens with shared dining facilities for residents; medical services with personnel that provide assistance with medication, administration, dressing, bathing, and social activities; activity rooms; indoor recreational amenities; gift shops; hair salons; administrative offices; laundry services; worship space; and overnight guest units for short-term visitors. See also Assisted Living Facility, Independent Living Facility, and Other Use Accessory to Residential Primary Use.Office: Establishments providing executive, management, administrative, professional services, consulting, record keeping, or a headquarters of an enterprise or organization, but not including the on-premises sale of retail goods, or any use included in the definition of personal or business services. See also Business and Establishment.Off-premises Sign: A sign, the content of which does not refer to an establishment operating on the premises where the sign is displayed.Off-street Parking Space: Off-street Parking Space A storage area for the parking of one motor vehicle that is located on a lot, unless specified otherwise in this IDO. See the DPM for dimensional standards. See also On-street Parking Space.Oil Activation: The heating of dried cannabis or cannabis extract above 200 degrees Fahrenheit during the manufacturing of cannabis products.ONC: Office of Neighborhood CoordinationOn-premises Sign: A sign, the content of which relates to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodations, services, or activities of or on those premises, or the sale, lease, or construction of those premises.On-site Cannabis Consumption: The activity of smoking, vaporizing, and/or ingesting of cannabis or cannabis products in a cannabis consumption area licensed by the State that is in a fully enclosed portion of a building. On-site cannabis consumption is considered an incidental activity of cannabis retail. See Cannabis Retail.On-street Parking Space: An on-street storage area for the parking of one motor vehicle. For the purposes of this IDO, an on-street parking space abutting a lot may be counted as 1 off-street parking space for that lot if over the length of the space is located between the imaginary extensions of the side lot lines into the street. See the DPM for dimensional standards. See also Parking Space.Opaque Wall or Fence: A continuous non-transparent vertical surface used as part of a perimeter or courtyard wall or fence. A fence with inserts or non-rigid or cloth-like materials attached to the fence does not constitute an opaque wall or fence.Open Air Market: Open air sales of new retail goods, produce, and/or handcrafts; incidental sales of food and beverages is allowed. See also Farmers Market and Seasonal Outdoor Sales.Open Space: In lowercase letters, a generic term for any outdoor space or amenity intended to retain access to open air and sunlight, regardless of location, ownership, or management responsibility. Open space is required through various means in order to provide a psychological and physical respite from development densities. Open space is intended to create healthy places that balance density vs. openness and urban vs. natural environments. For City-owned open space, see Open Space Definitions for Major Public Open Space.Operating Hours: The hours during which employees are scheduled to be working in an establishment, which may extend beyond the business hours of the establishment. See also Business Hours.Other Indoor Entertainment: A facility providing entertainment or recreation activities where all activities take place within enclosed structures, but not including a theater, auditorium, or any other use listed separately in Table 4-2-1. Examples include, but are not limited to, baseball batting cages, bowling alleys, climbing walls, game arcades, laser tag centers, miniature golf courses, paintball, skating rinks, shooting ranges, swimming pools, tennis clubs, trampoline centers, and velodromes.Other Outdoor Entertainment: An outdoor facility whose main purpose is to provide entertainment or recreation, with or without charge, but not including auto or horse race tracks, drive-in theaters, or any similar outoor use not listed separately in Table 4-2-1. Examples include, but are not limited to, amusement parks, batting cages, go-cart tracks, golf courses and driving ranges, miniature golf, skateboard parks, skating rinks, sports courts, swimming pools, target sport ranges, and water parks.Other Pet Services: A facility providing care and services for household pets, such as animal grooming, training, or day care but which is not listed separately in Table 4-2-1.Other Use Accessory to a Non-residential Primary Use: A land use that is subordinate in use, area, or purpose to a primary non-residential land use on the same lot, serving a purpose naturally and normally incidental to such primary land use, and that is not listed separately in Table 4-2-1. Examples include, but are not limited to, an employee exercise room,employee caf/cafeteria, outdoor exercise area/track, employee nursery/child care, small display/sales room for goods produced on the premises, and storage of maintenance equipment used on the premises (e.g. lawn mowers).Other Use Accessory to a Residential Primary Use: A land use that is subordinate in use, area, or purpose to a primary residential land use on the same lot and serving a purpose naturally and normally incidental to such primary land use and that is not listed separately in Table 4-2-1. For residential uses other than multi-family dwellings, this use includes, but is not limited to, tennis courts, game rooms, patios, outdoor kitchens, swimming pools, and accessory buildings for storage, recreation, hobbies, and gardening for the use of the residents living in the dwellings on the same lot as this use. For multi-family residential development, this use includes, but is not limited to, sales of convenience items, personal service shop, rental/management office, concierge/doorman services, and similar activities provided for residents of the multi-family or group living uses. See also Residential Community Amenity.Outdoor Animal Run: An area for the temporary outdoor containment of animals associated with a kennel, veterinary clinic, animal breeding facility, or other commercial activity. For the purposes of this IDO, this use does not include an outdoor animal run for personal pets.Outdoor Dining Area: A covered or uncovered seating area where patrons of an establishment are served food and/or beverages to be consumed on-premises.Outdoor Display: The display of retail goods outside but on the same property as the primary establishment. For the purposes of light vehicle sales and rental, outdoor inventory is considered to be outdoor display and not outdoor vehicle storage.Outdoor Lighting Curfew: For the purposes of this IDO, the time between 10 P.M. and 7 A.M. when outdoor lighting and interior light escaping through windows must be reduced by at least 50 percent of the normal illuminance. For establishments with business hours later than 10 P.M., outdoor lighting curfew begins one hour after closing. For establishments with business hours earlier than 7 A.M., outdoor lighting curfew ends one hour before opening.Outdoor Storage: The keeping of any goods, material, or merchandise outside of a building in the same place for more than 24 hours, but not including any storage activity or use of land listed separately in Table 4-2-1. See also Building and Home Improvement Materials Store, Contractors Facility and Yard, and Salvage Yard.Outdoor Vehicle Storage: The keeping of motor vehicles or equipment not used for transportation purposes on an active, regular, or continuing basis outside of a building, generally for a period of 7 calendar days or more, whether or not the motor vehicle is titled, licensed, or operable, either as a primary use or accessory use, but not including a salvage yard. See also Salvage Yard and Vehicle Definitions for Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair; Light Vehicle Repair; and Light Vehicle Sales and Rental.Overlay Zone: Regulations that prevail over other IDO regulations to ensure protection for designated areas. Overlay zones include Airport Protection Overlay (APO), Character Protection Overlay (CPO), Historic Protection Overlay (HPO), and View Protection Overlay (VPO). Character Protection and View Protection Overlay zones adopted after May 18, 2018 shall be no less than 10 acres, shall include no fewer than 50 lots, and shall include properties owned by no fewer than 25 property owners. There is no minimum size for Airport Protections Overlay or Historic Protection Overlay zones. See also Small Area.Overnight Shelter: A facility that provides temporary or transitional sleeping accommodations for 6 or more persons within completely enclosed portions of a building with no charge or a charge substantially less than market rates. Such facilities may provide meals, personal assistance, personal services, social services, personal care and protective care. This use does not include 24-hour skilled nursing care, which is regulated as either hospital or nursing home for the purposes of this IDO. See also Campground or Recreational Vehicle Park, Hotel or Motel, Nursing Home, and Safe Outdoor Space.Paid Parking Lot: An area used to provide parking, as a commercial enterprise, for 4 or more motor vehicles for a fee. The term does not include a commercial parking structure that is a building primarily used for the provision of parking for a fee. See the DPM for dimensional standards. See also Parking Lot and Measurement Definitions for Parking Lot Area.Park: Publicly or privately owned land that is maintained for active or passive recreational use and for the use and enjoyment of the general public or the residents or occupants of a development. This use includes areas consisting of vegetative landscaping and/or areas improved for outdoor sports and recreation. Structural improvements are generally limited to those that facilitate the use of the land as a park. Incidental activities and structures include, but are not limited to, playgrounds, maintenance facilities, swimming pools, restrooms and dressing rooms, concessions, caretakers quarters, and parking.Park-and-ride Facility, Temporary: The temporary provisions of parking for transit customers using service provided by the municipal transit agency in conjunction with a temporary civic use, including but not limited to the New Mexico State Fair and the International Balloon Fiesta. The use may include a ticket booth, portable restrooms, lighting, concession stand, and barriers contributing to traffic management.Park-and-ride Lot: An area or structure intended to accommodate parked motor vehicles where commuters park and continue travel to another destination via public transit, carpool, vanpool, walking, or bicycle. This use may be operated in a parking area owned or operated by a third party with the consent of that party, but spaces dedicated to this use may not be counted toward required off-street parking spaces for any primary or accessory use operated by the third party.Parking Lot: Any off-street outdoor area for the parking of motor vehicles, including any spaces and drive aisles necessary for the function of the parking lot or for the convenience of patrons. See also Paid Parking Lot and Measurement Definitions for Parking Lot Area.Parking Lot Multiple Drive Aisles: A parking lot that may have more than 1 drive aisle.Parking Lot Single Drive Aisle: A parking lot with only 1 drive aisle, which may be one-way or two-way. The drive aisle may serve 1 or 2 rows of parking spaces.Parking Lot Area: The area of a parking lot that includes parking spaces and drive aisles. See the DPM for dimensional standards. See also Parking Definitions.Parking Space: An on- or off-street storage area for the parking of one motor vehicle. See the DPM for dimensional standards. See also Off-street Parking Space and On-street Parking Space.Parking Structure: A multi-story structure or part of a multi-story building designed to accommodate motor vehicle parking spaces that are partially or completely enclosed, including podium parking, but not including a parking structure that is located underground or within the outer building envelope of another building. Parking structures are typically associated with Mixed-use and Non-residential development. See also Garage and Development Definitions for Mixed-use Development and Non-residential Development.Parking Structure with Ground Floor Uses: A structure or part of a structure designed to accommodate motor vehicle parking spaces that incorporates retail, office, or residential uses along at least 50 percent of the ground floor street-facing faade.Paved, Pavement, or Paving: Paved per DPM standard for pavement or alternative pavement / paving. See definition and related standards in the DPM.Pavement Width: See definition and related standards in the DPM for pavement width, depth, materials, and design.Pawn Shop: Any establishment engaged in the business of lending money on the deposit or pledge of personal property; the purchase of personal property with the expressed or implied agreement or understanding to sell it back at a stipulated price; or engaged in the business of purchasing items of gold, silver, platinum or other precious metals or gems and reselling the product. See also General Retail.Peak Service Frequency: The transit route frequency during peak periods (7:00 A.M. to 9:00 A.M. and 3:00 P.M. to 6:00 P.M.), as calculated by the City Transit Department using published transit schedules and mapped by AGIS. This frequency is generally calculated for the most frequent route, or combination of paired routes that act as one route, that stops at the transit stop or station in question and is based on the average frequency of the route. See Transit Route Frequency.Pedestrian-oriented: Intended primarily to provide access, amenities, or space for services that benefit people walking. Includes but is not limited to sidewalks, pedestrian walkways, multi-use trails, transit stops, spaces for outdoor seating or vending, plazas, parks, and public facilities associated with Major Public Open Space.Pedestrian-scale Lighting: Lighting in pedestrian areas not to exceed 16 feet in height that allows people to see and be seen from a distance of 40 to 60 feet.Perimeter Wall: A wall constructed on a lot line, typically to define a property boundary, enclose a property, or provide privacy.Permissive Use: A land use that is allowed by-right in a particular zone district, either as a primary or accessory use. Permissive Primary uses are listed as P in Table 4-2-1. Permissive Accessory uses are listed as A in Table 4-2-1.Person: An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, or any other legal entity.Personal and Business Services: Establishments providing services to individuals or businesses, including but not limited to bail bond providers, beauty and barber shops, shoe repair, tailor/alterations shops, tattoo parlors, taxidermy services, electronic data processing, and employment service; mailing, addressing, stenographic services; and specialty business service such as travel bureau, news service, exporter, importer, interpreter, appraiser, and film library. This use is divided into 2 categories based on the size of the establishment (not the size of the structure):
1. Personal and Business Services, Small: An establishment with 10,000 square feet or less of gross floor area.
2. Personal an Business Services, Large: An establishment with more than 10,000 square feet of gross floor area.
See also Bail Bond Business and Massage Business.Planning Director: The chief administrative officer of the City Planning Department or his/her authorized representative or designee.Plat: A graphic and written description of a lot or lots with survey reference ties to permanent survey monuments related to the subdivision, resubdivision (sometimes called a replat), or consolidation ofland.PNM: Public Service Company of New Mexico (electric utility service)Point Light Source: The exact place where illumination is produced (e.g. a light bulb filament or LED package) even when behind a clear lens.Pole Sign: A type of freestanding sign attached to or supported from the ground by a single pole or post and not attached to a building. See also Freestanding Sign.Porch: A roofed structure that is not more than 50 percent enclosed (except for removable screens, screen doors, storm sashes, or awnings) on at least 2 sides, that projects from the exterior wall of a building, and that is used as an outdoor living area. To be considered a porch, and not just part of the building, the porch faade facing the street must not be more than 50 percent enclosed (except for removable screens, screen doors, storm sashes, wrought iron security fencing, or awnings). For the purposes of this IDO, any portion of a roofed structure that is not enclosed on at least 2 sides that is over a parking area or driveway is considered a carport. See also Building Frontage Types and Parking Definitions for Carport.Portable Sign: An A-frame or sandwich board sign. A portable sign shall rest on the ground and shall not be supported by a person or animal.Preliminary Plat: A tentative plat of a proposed subdivision prepared in accordance with the specifications of this IDO and the DPM for presentation to the DHO for action.Premises: Any lot or combination of abutting or adjacent lots held in single ownership, together with the development on that lot or lots; there may be multiple occupancy.Premium Transit Area: Lots within 660 feet in any direction of a transit station with transit service of 15 minute or greater frequency on a Premium Transit Corridor as designated by the ABC Comp Plan, as amended. Development standards associated with the Premium Transit designation apply once the station locations have been identified and funding for the transit service and any associated streetscape improvements has been secured.Premium Transit Corridor: A Corridor designation from the ABC Comp Plan. See also Measurement Definitions for Corridor Area.Primary Building: A building within which a primary use takes place. See also Building and Large Retail Facility.Primary Pedestrian Entrance: A public entrance to a primary building. If there is more than one, for the purposes of this IDO, the entrance demarcated by more faade articulation, signage, landscaping, site amenities, or other design treatments shall be considered the primary pedestrian entrance. If all entrances are thus demarcated, the applicant may choose which entrance shall be considered the primary pedestrian entrance to satisfy any relevant requirements in this IDO.Primary Use: A land use that is a primary use of a property and allowable within a particular zone district either permissively or conditionally. A primary use may be combined with other primary or accessory uses allowable within that zone district, subject to IDO standards.Private Way: A lot or easement that is not public right-of-way and that contains a street or alley providing access between a public right-of-way and one or more lots. The term may include easements for public and private infrastructure when such are established through a suitable legal document, along with the access rights. See also Public Right-of-way and Street.Project Site: A lot or collection of lots shown on a Subdivision Minor or Major or on a Site Plan. This term refers to the largest geography specified in the earliest request for decision on the first application related to a particular development. For example, if a large lot is subdivided and submitted for development in phases, any regulation referring to the project site would apply to the entirety of the land in the original lot included in the Subdivision application.Projecting Sign: A type of building-mounted sign, other than a wall sign or canopy sign, that projects from and is supported by a wall of a building.Property Line: A boundary formed by the exterior lot lines of all lots making up a premises or project site. See also Premises, Project Site, and Subject Property.Public Area: An area of land owned by or intended to be owned by a governmental entity or over which a governmental entity enjoys an easement, whether deeded, dedicated, or otherwise acquired, and that is generally, but not required, to be used to serve the public with some service or benefit, including public infrastructure.Public Hearing: A formal meeting open to the public in which a decision-making body makes a discretionary decision.Public Right-of-way: Land deeded, reserved or dedicated by plat, or otherwise acquired by any unit of government for the purposes of movement of vehicles, bicycles, pedestrian traffic, and/or for conveyance of public utility services and drainage. This land generally does not have established zoning and is instead designated as unclassified in the Official Zoning Map. See also Alley, Drainage Facility, Private Way, Street, and Trail.Public Utility Collocation: The location of one or more wireless telecommunications antennas on a public utility structure, including transmission structures.Public Utility Structure: A structure owned by a unit of government or by a public utility company that is an electric switching station; electric substation operating at voltages greater than 50 kilovolts (kV); gas transfer station or border station; lift station, odor control (or chlorine) station, water well or pump station, or water reservoir; traffic signal; public light poles; or any other public utility structure controlled by a Facility Plan approved by the City.Quasi-judicial Hearing: A public hearing that follows the additional requirements of Subsection 14-16-6-4(M)(3), generally for decisions that would result in changes to property rights or entitlements on a particular property or affecting a small area.Racetrack: An outdoor facility for sanctioned competition of racing vehicles (including cars, trucks, motorcycles, and other vehicles designed for racing purposes) or for horses or dogs, on a closed circuit. In addition to a racetrack, the facility may include spectator seating (bleacher-type stands), a paddock area for support crews and maintenance, racetrack operations offices, and spectator services.Rail Trail: The right-of-way and/or easements designated as the Albuquerque Rail Trail by the Rank 3 Albuquerque Rail Trail Master Plan and mapped by AGIS. For the purposes of this IDO, the Rail Trail corridor is considered both a City trail and a street.Railroad Yard: A primary use of land that includes an area and related facilities in which the predominant activity is the assembly or disassembly and loading or unloading of trains, including without limitation passenger or freight terminals, operations and maintenance shacks, train sheds, and classification yards.Real Estate Office: A facility or area used as a temporary office to sell or lease land or buildings or interests in land or buildings within a specified area.Rear Lot Line: A legal boundary that is opposite and most distant from the front lot line. In the case of an L-shaped or other irregularly shaped lot where 2 or more lines are so located, all are considered rear lines, except those that are within 50 feet of the front lot line. In the case of a lot that comes to a point at the rear, the rear lot line (shown in the illustration below as the horizontal line marked as A) is established by connecting two points that are 10 feet from the rear point, measured along the side lot lines. See also Measurement Definitions for Setback.Rear Yard: The part of a lot from the rear lot line to any rear faade of the primary building, extended to both side lot lines. See also Lot Definitions.Rear-access Garage: A garage accessed from the rear lot line. See also Garage, Front-accessed Garage and Sideaccessed Garage.Recreational Vehicle: A motor vehicle or trailer equipped with living space and amenities, including but not limited to bus campers, camper trailers, pickup campers, travel trailers, motor homes, park model trailers, and tiny houses. See also Vehicle.Recycling Drop-off Bin Facility: An accessory use, structure, or enclosed area that serves as a neighborhood drop-off point for temporary storage of recyclable materials, including but not limited to paper, aluminum, glass, and plastic, but not including compost or organic materials.Reflective or Mirrored Glass: Glass with greater than 15 percent average daylight exterior reflectance as published by the manufacturer.Religious Institution: A structure or place where worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held, together with its accessory buildings, that is operated, maintained, and controlled under the direction of a religious group. Incidental activities include, but are not limited to, school and recreational facilities, parking, caretaker's housing, religious leaders housing, philanthropic or humanitarian activities, and group living facilities such as convents or monasteries.Required Off-street Parking Spaces: If an existing parking lot area does not have parking spaces striped, the number of existing parking spaces is to be measured by subtracting the area that would be required to meet all setbacks and landscaping areas required by the IDO and all drive aisles and circulation areas required by the DPM and dividing the remaining existing paved area by the dimensions of a parking space in the DPM.Residential Community Amenity: A use provided for the comfort and convenience of residents of more than 1 unit in a low-density or multi-family residential development, including but not limited to a clubhouse, exercise room, swimming pool, tennis court, community room, or laundry room.Residential Development: Development of any allowable land use from the Residential category in Table 4-2-1 (i.e. any allowable combination of Household Living uses and Group Living uses) that occurs on properties with no land use from another category, with the following exceptions:
1. Property with both Household Living uses and parks and open space are still considered residential development for the purposes of this IDO.
2. Properties that include other uses accessory to residential primary uses allowed per Table 4-2-1 are still considered residential development for the purposes of this IDO.
3. A property that has an approved non-residential Temporary Use but that otherwise meets this definition is still considered residential development for the purposes of this IDO. See also Development Definitions for Low-density Residential Development, Mixed-use Development, and Non-residential Development and Other Uses Accessory to residential Primary Uses.Residential Use: Any primary use listed in the Residential Uses category in Table 4-2-1. See also Non-residential Use.Residential Zone District: Any zone district categorized as Residential in Part 14-16-2 of this IDO. For the purposes of any Use-specific Standard in Section 14-16-4-3, this includes any lot zoned Planned Development (PD) with a Site Plan approved prior to the adoption of this IDO that allows one or more residential uses and that is developed on lots with residential development that make up at least 50 percent of the site plan area.Resource Management Plan: Rank 3 Plans developed by the Open Space Division of the City Parks and Recreation Department to provide policy guidance on how to manage and protect natural, historic, or cultural resources and/or scenic views for individual City-owned or managed Major Public Open Space. Resource Management Plans also guide visitor uses, budgeting, and decision making.Restaurant: An establishment that serves food and beverages that are consumed on its premises by customers seated at tables and/or counters either inside or outside the building thereon and/or that may provide customers with take-out service of food and/or beverages for off-site consumption. Sale of alcoholic beverages is controlled by other provisions in this IDO and the New Mexico State statutes regarding alcoholic drink sales. See also Bar and Taproom or Tasting Room.Retaining Wall: A wall designed and constructed to resist the lateral pressure of soil.Riparian Area: Aquatic ecosystems and the transitional ecosystems surrounding them, as shown on the map created and maintained by the City Parks and Recreation Department and published by AGIS. The transitional riparian ecosystem is characterized by distinctive vegetative communities and soils that are affected by the presence of surface and groundwater and provides critical habitat for endangered species and migratory birds, as well as other animals.ROA 1994: Revised Ordinances of Albuquerque 1994 (City of Albuquerque Code of Ordinances)Rock Outcropping: Bedrock or other stratum a minimum of 4 feet high on its steepest side as measured from the adjacent 10 percent slope line and in excess of 300 square feet in surface area.Roof-mounted WTF: A WTF placed on a rooftop through gravity mounts or other surface attachments and integrated into the natural rooftop profile of the building so as to resemble a permissible rooftop structure, such as a ventilator, cooling equipment, solar equipment, water tank, chimney, or parapet.Rooftop Sign: A building-mounted sign that is mounted on the roof of a building.Safe Outdoor Space: A lot, or a portion of a lot, developed to provide designated spaces for occupancy by tents, recreational vehicles, and/or light vehicles. Designated spaces are provided to occupants at no charge. A safe outdoor space offers social services and support facilities. See also Campground and Recreational Vehicle and Vehicle Definitions for Recreational Vehicle and Light Vehicle.Salvage Yard: Any use involving storage and/or sale of inoperable, disused, dismantled or wrecked vehicles, equipment, machinery, or goods, or the storage or processing of scrap metal, wastepaper, rags, wastes, construction wastes, industrial wastes or other scrap, salvage, waste, or junk materials.School: An accredited public or private institution offering a course of education recognized by the State as leading to a high school diploma or equivalent. Accessory uses may include student sports fields or facilities, playgrounds, gardens, and an accessory dwelling unit for a caretaker. This use is divided into:
1. Elementary or middle school: An educational facility for grades kindergarten through 8.
2. High school: An educational facility for grades 9 through 12.
See also University or College, Vocational School, and Measurement Definitions for Separation of Uses.Seasonal Lighting: Outdoor or site lighting that is portable, temporary, and decorative. This includes but is not limited to string lighting, icicle lighting, outline lighting, and lighted holiday inflatables that are not intended for general illumination. See also Festoon Lighting.Seasonal Outdoor Sales: The temporary outdoor display and sale of goods or products associated with the season or a cultural event, such as the sale of fireworks, Christmas trees, pumpkins, or seasonal produce, and typically occurring at a location not devoted to such sales for the remainder of the year. See also Agricultural Sales Stand, Farmers Market, and Open Air Market.Security Lighting: Distinct from outdoor lighting installed for safe passage during hours of darkness, security lighting is installed to provide bright illumination for security to protect people, property, and infrastructure from physical or criminal threats.Self-storage: A use consisting of 3 or more individual, small, self-contained, fully enclosed units in building that are leased or owned for the storage of business and household goods or contractors' supplies. Storage areas provided for renters of residential dwellings on the same premises are not considered self-storage. See also Other Use Accessory to a Residential Primary Use.Separation of Uses: In all instances where the IDO requires a separation of uses, zone districts, lots, or buildings, such distance shall be measured in a geometrically straight line using a scaled map, or a survey if necessary. Such measurement shall be made without regard to any intervening structures, objects, uses, the street grid, landforms, waterways, or any other topographical features.
1. Unless specified otherwise in this IDO, this distance shall be measured from the nearest point on the nearest lot line of the lot containing the regulated use to the nearest point on the nearest lot line of the lot containing the use, or in the zone district, from which the regulated use is required to be separated.
2. If the IDO requires a separation between a building containing a regulated use and a specified use or zone district, the distance shall be measured from the nearest point on the building containing the regulated use to the nearest point on the nearest lot line of the lot containing the specified use or in the specified zone district.Setback: 1. A required distance between a structure and a lot line.
2. On an interior lot not abutting a street, side setbacks shall be followed for all lot lines.
See also Lot Definitions for Front Lot Line, Rear Lot Line, and Side Lot Line (Interior or Street Side) and Measurement Definitions for Setback.Shielded Lighting: A floodlight with an accessory intended to block obtrusive light through either an optical intervention and/or a physical shield or louver.Side Faade: Any faade that faces and is within 30 feet of a side lot line that abuts another lot. (A faade that faces a side lot line that abuts a street is considered a street-facing faade for the purposes of this IDO.) A building may have more than one side facade. See also Measurement Definitions for Faade and Lot Definitions for Side Lot Line.Side Lot Line: A lot line that is not a front lot line or a rear lot line. This term includes both interior side lot lines abutting another lot and street side lot lines for corner lots, where the side lot line abuts a street. See also Measurement Definitions for Setback.Side Street: On a corner lot, the street abutting the side lot line of the lot. See also Lot Definitions for Side Lot Line.Side-access Garage: A garage in which the garage door is angled at least 45 degrees away from the street that the primary residence faces. The access to this garage may be from the front lot line (i.e. typically the street that the primary residence faces) or a side lot line (i.e. from an abutting street in the case of a corner lot). See also Garage, Front-accessed Garage, and Rear-accessed Garage.Sidewalk: A hard-surfaced walk or raised path and any curb ramps or blended transitions along and generally paralleling the side of the streets for pedestrians. Sidewalks do not include the curb or gutter structures.Sight Lines: See Subsection 14-16-3-6(D)(3) (Coors Boulevard VPO-1 Definitions).Sign: Any display to public view of letters, words, numerals, emblems, pictures, or any parts or combinations thereof designed to inform or advertise or promote merchandise, services, or activities except for the following:
1.Non-illuminated names of buildings, dates of erection, monument citations, commemorative tablets and the like when carved into stone, concrete, metal, or any other permanent type construction and made an integral part of a permitted structure or made flush to the ground.
2.Signs required by law or signs of a duly-constituted governmental body.
3.Signs placed by a public utility for the safety, welfare, or convenience of the public, such as signs identifying high voltage, public telephone, or underground cables.
4.Signs on a vehicle, provided that any such vehicle with a sign face of over 2 square feet is not conspicuously parked so as to constitute a sign; nothing herein prevents such a vehicle from being used for delivery or other vehicular purposes.
5.Temporary holiday decorations.
A back-to-back sign or V-shaped sign constitutes 1 sign if it employs a common set of supports. A composite group of signs integrated into 1 framed unit or compact structure constitutes 1 sign.Sign Area: 1. Unless specified otherwise in this IDO or unless maximum sign area is regulated as a percentage of faade area, maximum sign area is per allowed sign, not per premises.
2. For freestanding and projecting signs, the area of 1 rectangle or of 2 contiguous rectangles in the same plane, drawn with horizontal and vertical lines so as to include the entire sign except sign base or supports. The maximum area of any double-sided or V-shaped sign shall be measured for the larger sign face only.
3. For building-mounted signs, except canopy signs, the area enclosed with a sign border or the sum of the areas of the minimum imaginary rectangles enclosing each word or non-verbal symbol if there is no sign border.4. For add-on signs to off-premises signs, the area of up to 2 rectangles in addition to the rectangle that defines the area of the basic sign.Sign Height: The vertical distance from finished grade to the highest point of the sign. For rooftop signs, the vertical distance from the top of the highest parapet to the top of the sign. See also Sign Definitions for Rooftop Sign.Significant Archaeological Site: A geographic location that contains an archaeological resource likely, as determined by the City Archaeologist, to yield information important to the prehistory or history of the Albuquerque area.Single Room Occupancy: A type of residential development that provides dwelling units with separate sleeping areas and some combination of shared bath or toilet facilities. The building may or may not have separate or shared cooking facilities for the residents. Each household unit generally occupies only a single room in the facility for sleeping purposes (in addition to having the non-exclusive use of shared spaces in the facility).Site Development Plan: A term used prior to the effective date of the IDO for a scaled plan for development on one or more lots that specifies at minimum the site, proposed use(s), pedestrian and vehicular access, any internal circulation, maximum building height, building setbacks, maximum total dwelling units, and/or nonresidential floor area. A more detailed site development plan would also specify the exact locations of structures, their elevations and dimensions, the parking and loading areas, landscaping, and schedule of development. The equivalent approval in the IDO will be determined based on the level of detail provided in the prior approval.Site Plan: An accurate plan that includes all information required for that type of application, structure, or development.Sketch Plat: A conceptual plat of a proposed subdivision used for discussion by the applicant and Planning Department staff to determine suitability for subdivision. A sketch plat typically shows general building and parking locations and specifies design requirements for buildings, landscaping, lighting, and signage.Small Area: A mapped area established pursuant to IDO procedures where IDO regulations specific to that area apply. Small areas adopted after May 18, 2018 shall be no less than 5 acres, shall include no fewer than 25 lots, and shall include properties owned by no fewer than 15 property owners. Overlay zones are considered small areas but have a different minimum size threshold. See also Measurement Definitions for Small Area and Zone Definitions for Overlay Zone.Small Loan Business: Any business requiring licensure under the New Mexico Small Loan Business Act, Article 58-15 NMSA 1978, including but not limited to businesses offering Payday Loans, Title Loans, Installment Loans, or Refund Tax Anticipation Loans. For the purposes of this IDO, small loan businesses are treated as a bank use. See also Bank.Small-cell WTF: A WTF that is designed to act as a booster site to increase localized network capacity. This use is defined and regulated as a small wireless facility by Article 5-10 of ROA 1994 (Small Wireless Facilities).Solar Energy Generation: The use of land or buildings as locations for mounting of solar collectors or other devices that rely on sunshine as an energy source and are capable of collecting, distributing, or storing the sun's radiant energy. Back-up generators and battery storage are incidental to this use. See also Electric Utility, Geothermal Energy Generation, Major Utility, and Wind Energy Generation.Solid Waste Convenience Center: City-owned and operated locations for the drop-off of solid waste by residents and small commercial haulers only.Special Flood Hazard Area: The land area covered by the floodwaters of the base flood, as defined by the Federal Emergency Management Agency and shown on National Flood Insurance Program maps. See also Sensitive Lands Definitions.Special Manufacturing: An establishment or business that uses hazardous inputs or creates hazardous by-products, as defined by federal regulation, in the course of manufacturing, assembly, fabrication, or materials treatment, or that uses manufacturing, assembly, fabrication, or treatment processes that create potentially hazardous impacts, including but not limited to explosions or leakage of nuclear or electromagnetic radiation into the environment or surrounding areas. Loading and unloading from rail spurs and wholesaling of products manufactured at the facility are incidental to this use. This use does not include any use that meets the definition of Clean Room accessory to another use in the Industrial use category pursuant to Table 4-2-1.Specified Anatomical Areas: Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
See also Adult Entertainment, Adult, Retail, and Specified Sexual Activities.Specified Sexual Activities: Any of the following:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
4. Flagellation or torture in the context of a sexual relationship.
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain.
6. Erotic touching, fondling or other such contact with an animal by a human being.
7. Human excretion, urination, menstruation, vaginal, or anal irrigation as a part of or in connection with any of the activities set forth in 1 through 6 above.
See also Adult Entertainment, Adult Retail, and Specified Anatomical Areas.Sports Court: A recreational facility for sports played on courts at least 20 feet by 30 feet, including but not limited to basketball, volleyball, tennis, handball, and racquetball, except facilities that meet the definition of stadium or sports field. See also Sports Field and Stadium.Sports Field: A facility designed for amateur or professional sporting events, exhibitions, or shows. See also Sports Court and Stadium.Stacking Space: A term used in designing vehicle circulation areas for the queuing of motor vehicles. See definition in the DPM.Stadium: An outdoor, open-air area or structure suitable for sporting events or performances with tiers of seats or benches and with seating capacity for 1,000 or more people. See also Sports Field and Stadium.Steep Slope: Land with 9 percent slope or more, where development is discouraged.Stoop: Building frontage where the street-facing faade is placed close to the frontage line with the ground story elevated from the sidewalk, securing privacy for the windows. This type is suitable for ground floor residential uses with short setbacks. This type may be interspersed with the storefront building frontage type. A porch may also cover the stoop.Storefront: Building frontage where the street-facing faade is placed at or close to the front or street side lot line, with the entrance at sidewalk grade. This type is conventional for retail frontage. It is commonly equipped with cantilevered shed roof or awning. The absence of a raised ground floor story precludes residential use on the ground floor facing the street, although this use is appropriate behind and above.Streamers: A strand of pennants, triangular flags, or fringe made of any material other than paper.Street: The portion of a public right-of-way or private way, from curb to curb (or from edge of paving to edge of paving if there is no curb, or from edge of visible travel way to edge of visible travel way, if there is no paving), that is primarily devoted to vehicular use.Street Frontage: The boundary between a premises and a public right-of-way or private way, whether or not direct access is allowed from the public right-of-way or private way to the premises.Street Side Yard: The part of a lot from a street side lot line the side faade of the primary building. See also Lot Definitions.Street Tree: A tree that meets the provisions of Part 6-6-2 of ROA 1994 (Street Trees).Street Wall: A masonry wall that defines outdoor spaces and separates the sidewalk and the street from the private realm (e.g. parking lots, trash cans, gardens, and equipment).Street-facing Faade: Any faade that faces and is visible from an abutting street, not including alleys, unless specified otherwise in this IDO. A building may have more than one street-facing faade. The phrase faade facing a that refers to a specific street or to alleys is included in this definition as well. See also Measurement Definitions for Faade.Structure: Anything constructed or erected above ground level that requires location on the ground or attached to something having a location on the ground but not including a tent, vehicle, vegetation, trash can, bench, picnic table, or public utility pole or line. Swimming pools are considered structures, whether above-ground or in-ground. See also Building, Wall Definitions, Wireless Telecommunications Facility Definitions, and Sign Definitions.Structure Height: The vertical distance above finished grade of the highest point on a structure that is not a building, but not including decorative or incidental features that do not extend more than 10 percent of the length of any side of the structure or occupy more than 10 percent of the ground coverage of the structure. See also Structure and Measurement Definitions for Building Height.Structured Parking Bonus: The development must include structured, podium, or subterranean parking on the same premises.Stub Street: A non-permanent dead-end street intended to be extended in conjunction with development on adjacent lots or sites. See also Adjacent.Subdivide: To divide or re-divide (sometimes referred to as replat) land into 2 or more parts or to consolidate 2 or more lots by whatever means to facilitate the present or future conveyance or other transfer of incidents of ownership or use.Subdivider: Any person who, by reason of his/her power, authority, and/or interest with respect to a specific lot, effects, brings about, causes, or proposes the subdivision of that lot.Subdivision: 1. The process of subdividing land into 2 or more lots for the purpose of sale or development.
2. The process of consolidating 2 or more lots for the purpose of sale or development.
3. The subdivided lot.Subject Property: A lot or collection of lots included in an application submitted pursuant to this IDO. See also Premises, Project Site, and Lot Definitions.Substantial Change: Where used associated with a WTF Approval. As defined and regulated by federal law.Tandem Parking: Off-street parking area where 2 or more parking spaces arranged one behind or above the other.Tap Room or Tasting Room: An establishment associated with a local brewery, winery, or distillery operating under an approved Small Brewers License as governed by Section 60-6A-26.1 NMSA 1978, an approved Winegrowers License as governed by Section 60-6A-11 NMSA 1978, or an approved Craft Distillers License as governed by Section 60-6A-6.1 NMSA 1978 where beer, wine, or spirits are available for consumption on-site. Any production of alcohol as regulated by State law under one of these licenses is considered artisan manufacturing. Any sale of alcohol for off-premises consumption as regulated by State law under these licenses is not considered liquor retail. See also Bar, Liquor Retail, and Manufacturing Definitions for Artisan Manufacturing.Temporary Sign: A public display of letters, words, numerals, figures, statues, devices, emblems, pictures, etc. for a specified period of time that is installed in a way that is easy to remove.Temporary Use: A land use that is allowed for a short period of time on a property and allowable within a particular zone district permissively. Temporary uses are listed as T in Table 4-2-1. A temporary use may or may not require a permit from the Planning Department. Any temporary activity or event not listed in Table 4-2-1 is not considered a land use and therefore is not a temporary use as regulated by this IDO. A temporary use may be allowed on vacant land or combined with other primary or accessory uses allowable within a zone district, subject to IDO standards.Theater: A facility with fixed seats for the viewing of movies or live presentations of musicians or other performing artists.Through Lane: A continuous travel lane, excluding any turn lanes or ramps that provide access to or exit from travel lanes. See also Measurement Definitions for Distance to a Through Lane.Through Lot: A lot having frontage on 2 separate parallel or approximately parallel dedicated public streets. TIS: Traffic Impact StudyToe of Slope: The point where the irrigation facility bank meets natural grade. See Irrigation Facility for diagram.Townhouse Development: Development with any number of townhouse dwellings pursuant to Table 4-2-1. For the purposes of this IDO, townhouse development is considered low-density residential development, whether the townhouses are platted on separate lots or not. See also Dwelling Definitions for Dwelling, Townhouse and Dwelling Unit.Tract: A portion of land identified on a plat, often for a purpose other than development of a building, such as for drainage, transportation, open space, or as a remainder lot that will not be sold as a lot.Trailer: A vehicle without motive power, designed so that it can be drawn by a motor vehicle, to be used for the carrying of persons or property or as a human habitation. A structure that meets the requirements of Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code) in all ways, including foundation, is not a trailer, whether or not it was once a vehicle.Transit Facility: Land used for transit stations, terminals, depots, and transfer points, which may include shelters, park-and-ride lots, and/or related facilities on public or privately owned lots.Transit Route Frequency: The average amount of time between buses arriving at transit stops or stations calculated by the City Transit Department using published transit schedules. This frequency is generally calculated for the most frequent route, or combination of paired routes that act as one route. For routes with segments that have frequencies with substantially different levels of service, different transit route frequencies may be designated by segment of the route. See Peak Service Frequency.Transit Shelter: A shelter erected and maintained under the direction and control of ABQ RIDE or other public transportation provider as part of a public transit system for the use of transit patrons.Transit Shelter Sign: A sign located on a City of Albuquerque Transit Department shelter.Transit Station: A designated place where transit vehicles stop for passengers to board or alight from the vehicles. Usually associated with a premium service such as bus rapid transit or commuter rail, transit stations are distinguished from transit stops by having level-boarding platforms and passenger amenities such as ticket vending machines and real-time transit information, as well as common transit stop amenities such as seating and/or shelters. See also Transit Facility and Measurement Definitions for Premium Transit Area.Transit Stop: A designated place where transit vehicles stop for passengers to board or alight from a bus. Boarding and alighting are generally accomplished from the street curb by means of steps or deployable ramps. The level of amenity at a transit stop tends to reflect the level of usage. Stops at busy locations may have shelters, seating and possible electronic passenger information systems; less busy stops may use a simple pole and route sign to mark the location.Transparent Window or Door: A window or door with windows rated with a Visible Transmittance of 70 percent or greater or a combination of glass and coating or finish to satisfy the equivalent standard. A transparent window or door on the ground floor permits easy viewing into the building from the sidewalk from a minimum distance of 3 feet away from the building. Reflective or mirrored glass is not considered to be transparent. Any portion of a door or window that is covered with a sign or translucent window wrap is not considered to be transparent. See also Reflective or Mirrored Glass.Tribal Land: Land held in trust, fee land, or land owned by the tribal government of an Indian Nation, Tribe, or Pueblo that the relevant tribal government requests in writing to be mapped by AGIS for the purpose of referrals to the tribal government as a commenting agency. See also Indian Nation, Tribe, or Pueblo.Tribal Representative: A tribally appointed representative currently serving on the City of Albuquerque Commission on American Indian/Alaska Native Affairs. The Tribal Liaison with the Citys Office of Native American Affairs shall maintain an updated list of the names and contact information for members of the City of Albuquerque Commission on American Indian/Alaska Native Affairs.UC: Urban Center
An area designated as an Urban Center in the ABC Comp Plan, as amended.Unconcealed WTF: A nonconforming WTF that is not designed as a concealed structure. These include lattice towers with exposed wireless telecommunications antennas and face-mounted wireless telecommunications antennas. New construction of this type of facility is prohibited.University or College: An institution, other than a vocational school, that provides full-time or part-time education beyond high school. See also School and Vocational School.Upgrade: Where used associated with a WTF Approval. As defined and regulated by federal law, the replacement or addition of wireless telecommunications antenna(s) or equipment, not including routine maintenance.Urban Residential: Building frontage where residential units are accessed from street-fronting doors to a lobby, walled court, or to individual units. May be used in combination with other building frontage types.Usable Open Space: Outdoor space to be preserved on-site and managed privately to help ensure livable conditions on each site by providing light and air and meeting visual, psychological, and recreational needs. These areas can be used for a variety of purposes and are not required to be at ground level. Usable open space may include, but is not limited to, lawns; community gardens; decorative and native plantings; open balconies; rooftop decks; plazas; courtyards; development. Required drainage facilities or land within an easement for overhead utilities that are not landscaped shall not count toward required usable open space. Usable open space does not include public right-of-way, private ways, parking lots, off-street parking, driveways, drive aisles other private vehicular surfaces, or buildings other than swimming pool rooms.Utility-scale Electric Facility: Facilities developed and/or used by an electric utility regulated by the New Mexico Public Regulation Commission or a facility that is at least 1 megawatt (MW) of net generation or storage capacity and owned by electric utilities or independent power producers to provide grid support services to the bulk electric system and those systems that transmit or distribute electricity with voltages of 4.16 kilovolts (kV) or greater. See also Electric Utility and Energy Storage System.Vacation: The act that rescinds all or part of a recorded subdivision plat including legal dedications and grants of easements.Variance: Exceptions to dimensional standards or variations from the strict, literal application of standards in this IDO or the DPM. Variances from IDO standards are reviewed and decided by the ZHE or EPC, while Variances from technical standards in the DPM or related to projects in public rights-of-way are decided by the DHO. The allowable use of premises may never be changed via a Variance. See also Waiver and Use Definitions for Allowable Use.Vegetative Screen: A view screen created from evergreen plant material that is at least 75 percent opaque on average across the area to be screened at maturity. Plant material can be trees, vines, or shrubs, as long as they otherwise meet standards in this IDO.Vehicle: A vehicle that meets the definition in Section 8-1-1-2 of ROA 1994 (Traffic Code Definitions).Vehicle Repair: An incidental activity of light vehicle repair use and heavy vehicle and equipment sales, rental, fueling, and repair use that includes vehicle repair beyond vehicle service and maintenance. See Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair, Light Vehicle Repair, and Vehicle Service and Maintenance.Vehicle Service and Maintenance: An incidental activity of light vehicle repair use; heavy vehicle and equipment sales, rental, fueling, and repair use; and light vehicle sales and rentals that includes services for a vehicle that are part of regular maintenance, including but not limited to battery charging, tire repairs, and oil and fluid changes. See Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair, Light Vehicle Repair, and Vehicle Repair.Veterinary Hospital: An establishment of licensed practitioners primarily rendering dentistry, surgical, and medical treatment for animals that may provide overnight accommodations to pets for a limited period before or after medical procedures. Incidental activities include but are not limited to outdoor animal runs and crematory facilities.View Fencing: A wall that is at most 25 percent opaque to perpendicular view unless specified otherwise in this IDO, constructed of wood, painted or coated pipe, wrought iron, or smooth wire pasture fence material. View fencing is intended to provide a sense of openness and continuity, visual transparency, and passive surveillance while still providing perimeter security.View Frame: See Subsection 14-16-3-6(D)(3) (Coors Boulevard VPO-1 Definitions).View Plane: See Subsection 14-16-3-6(D)(3) (Coors Boulevard VPO-1 Definitions).Vocational School: A public or private institution that provides specialized training and education beyond the high school level, but that does not provide lodging or dwelling units for students or faculty, and that has programs that typically result in the awarding of a certificate. See also School and University or College.VPO: View Protection Overlay (zone)Waiver: A deviation beyond the thresholds established in Table 6-4-1 or from standards not included in Table 6-4-1. See also Deviation.Walkway: A passage or path for walking located on private property, which often connects the sidewalk to a building entrance or connects between different buildings on a site.Wall: A vertical structure of masonry (which includes stone, clay, brick, and poured concrete), wood, plaster, or other material that defines or encloses an area. Where the IDO provides standards about the wall of a building, the term faade is used, except for signage on buildings, which uses the term wall sign. Unless specified otherwise in this IDO, this term includes walls, fences, perimeter walls, courtyard walls, and retaining walls. A post that supports a structure other than a wall, such as a sign or a carport, is not considered a wall.Wall Height: For a perimeter wall along the front lot line, wall height shall be measured from the finished grade on the public side of the wall. For other perimeter walls along other lot lines or for walls between the front lot line and the front faade of the primary building, wall height shall be measured from the finished grade on the side of the wall that provides the taller wall height. Wall height does not include decorative or incidental features, such as pilasters or fence posts, that are allowed or required by this IDO. See also Wall Definitions.Wall Sign: A sign flush to the exterior surface of a building, applied directly on the building or a signboard attached flush to the building, projecting no more than 18 inches from the building surface and not projecting above the roof. However, light sources aimed at the wall sign may extend farther. A sign on a freestanding roofed structure, such as a canopy for a vehicle fueling station, outdoor storage or display, or drive-up facility, is also considered a wall sign.Walled Court: Building frontage that comprises enclosed gardens or terraces at the frontage line that buffer residential dwellings, restaurants, or other uses from the sidewalk, while removing the private yard from public encroachment.Warehouse: Building frontage in which up to half of the required windows or doors may be opaque. A warehouse frontage may not have loading docks fronting a street.Warehousing: The use of a building primarily for the holding or storage of goods, including cold storage, and merchandise for onward transportation or for distribution to retailers, but not for sale to the general public, and not including self-storage. Loading and unloading from rail spurs is incidental to this use. See also Self-storage.Warm Season Grasses: Grasses that thrive when temperatures are 75 degrees or higher, including but not limited to, buffalo grass, blue grama, Indian rice grass, clover, thyme, and sand dropseed grass. These grasses are native and drought tolerant and have lower water requirements than cool season grasses.Waste and/or Recycling Transfer Station: A site or facility where materials to be recycled or reprocessed are unloaded after collection and transferred onto transport vehicles, either immediately or following a temporary storage period, aggregation, or sorting. The facility may feature sorting, material crushing apparatus, and the storage of the material until it is transported. Loading and unloading from rail spurs is incidental to this use.Water Harvesting: A water conservation method used to capture, divert, and/or store rainwater for plant irrigation and other uses.Wetlands: Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as determined by the City Hydrologist. Wetlands generally include swamps, marshes, bogs, and similar areas.Wholesaling and Distribution Center: A facility for the storage of products, supplies, and equipment offered for wholesale distribution, and not for direct sale to the general public.Wind Energy Generation: The use of land for the installation wind energy turbines, wind chargers, windmills, battery banks, and related equipment to generate electrical power from wind or the installation of such equipment or devices on a building. Back-up generators and battery storage are incidental to this use. See also Electric Utility, Geothermal Energy Generation, Major Utility, and Solar Energy Generation.Window Sign: A sign on a window or door, with its message or image discernible from the exterior of the building. Window wraps and windows with messages or images are considered window signs.Wireless Telecommunications Antenna: A component of a WTF. Any exterior transmitting or receiving device that may be mounted on a tower, building, or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or other commercial signals. It includes, but is not limited to, directional antennas (such as panels, microwave dishes, and satellite dishes) and omni-directional antennas (such as whips), but not including non-commercial or broadcasting antennas. See also Non-commercial or Broadcasting Antenna.Wireless Telecommunications Facility (WTF): A facility that transmits and/or receives signals or waves radiated or captured by a wireless telecommunications antenna. It may include: antennas of all kinds including microwave dishes, horns, and other types of equipment for the transmission or reception of such signals, telecommunications tower or similar structures supporting said equipment, equipment buildings or cabinets, parking area, and/or other accessory development. Non-commercial or broadcasting antennas are not considered to be WTFs. See also Non-commercial or Broadcasting Antenna.Wireless Telecommunications Services: The provision or offering for rent, sale, or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic, and video programming information between or among points excluding only cable services.Wireless Telecommunications Tower: A component of a WTF. A structure intended to support wireless telecommunications antennas. Examples of such structures include, but are not limited to, freestanding poles (such as monopoles, masts, poles, or guyed towers) and lattice construction steel towers.Workforce Housing: Housing meeting the definition of the City's Workforce Housing Opportunity regulations pursuant to Part 14-9-1 of ROA 1994 (Workforce Housing Opportunity Act). See also Building Height Bonus Definitions.Workforce Housing Bonus: At least 30 percent of the dwelling units in the development must meet the definition of workforce housing in the City's Workforce Housing Opportunity regulations, pursuant to Part 14-9-1 of ROA 1994 (Workforce Housing Opportunity Act).Wrapped Parking: A structure, part of a structure, or a parking lot designed to accommodate motor vehicle parking spaces that is wrapped on all sides that abut a street by buildings with residential, commercial, or office uses.WTF: Wireless Telecommunications FacilityYard Sign: A type of free-standing sign that is relatively small and short, typically supported by 1 or 2 wires or posts, and located in the front or street side yard of a lot.ZEO: Zoning Enforcement Officer (ZEO)
A City Planning Department employee or his/her authorized representative who interprets the provisions of this IDO, reviews applications for decisions related to this IDO, and may make administrative decisions.ZHE: Zoning Hearing Examiner (ZHE)
A person or firm on contract with the City who reviews and decides applications for Conditional Use Approvals, Expansions of Nonconforming Use or Structure, Permit Carport, Permit Wall or Fence Major, and Variances.Zone Boundary: The boundary of a zone district is a lot line unless clearly otherwise shown on the Official Zoning Map, in which case, the boundary of a zone is determined by use of the scale of measurement shown on the Official Zoning Map.Zone District: One of the zone districts established by this IDO and the boundaries of such zone districts shown on the Official Zoning Map. Zoning regulations include the Use Regulations, Development Standards, and Administration and Enforcement provisions of this IDO.Zoo: A facility, indoor and/or outdoor, where animals are kept for viewing by the public, and that may be accredited by the American Zoological Association. Office, retail, and other commercial uses commonly established in such facilities and related parking structures shall be allowed as accessory appurtenances. This use does not include the ABQ BioPark, which is listed as a separate use in this IDO and regulated per the BioPark Master Plan.
An area designated as an Activity Center in the ABC Comp Plan, as amended, excluding Old Town. For the purposes of this IDO, if any portion of a parcel is within an Activity Center, the Activity Center regulations apply to the entire parcel.Access: A way or means of approach to provide vehicular or pedestrian physical entrance to a property.Accessory Building: A building detached from and, except in the case of agricultural support buildings like barns in the R-A zone district, smaller than the primary building on the same lot. The use of an accessory building shall be subordinate and customarily incidental to the primary use of the lot. See also Building.Accessory Dwelling Unit: A dwelling unit that is accessory to a primary single-family or two-family detached dwelling or a non-residential primary use. A detached accessory dwelling unit is also considered an accessory building. See also Dwelling Definitions for Dwelling, Live/work; Dwelling, Single-family Detached; and Dwelling, Two-family Detached (Duplex); Kitchen; and Measurement Definitions for Accessory Dwelling Unit.Accessory Structure: A structure detached from and located on the same lot as a primary building, customarily used with and clearly incidental and subordinate to the primary building or use. Accessory structures include but are not limited to shade structures such as covered patios, gazeboes, pergolas, ramadas, or similar roofed structures. Above-ground swimming pools are not considered accessory structures for the purposes of this IDO. See also Building and Structure.Accessory Use: A land use that is subordinate in use, area, or purpose to a primary land use on the same lot or, in any Mixed-use or Non-residential zone district, the same premises. An accessory use may or may not be located in an accessory structure. For the purposes of this IDO, accessory uses are listed in Table 4-2-1, may have separate Use-specific Standards, or may be defined as incidental to another primary use. See also Use Definitions for Primary Use.Acequia: An irrigation ditch operated and maintained by the MRGCD or a community acequia association. See also Irrigation Facility.ADA: Americans with Disabilities ActAdjacent: Those properties that are abutting or separated only by a street, alley, trail, or utility easement, whether public or private. Properties that are on opposite of an intersection diagonally (e.g. kitty corner or catty corner or caddy corner) are not considered. See also Alley, Multi-use Trail, Private Way, Right-of-way, and Street.ADR: City of Albuquerque Office of Alternative Dispute ResolutionAdult Entertainment: An establishment such as an auditorium, bar, cabaret, concert hall, nightclub, restaurant, theater, or other commercial establishment, other than an adult retail establishment, that provides amusement or entertainment featuring 1 or more of the following:
1. A live performance, act, or escort service distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.
2. Audio or video displays, computer displays, films, motion pictures, slides or other visual representations or recordings characterized or distinguished by an emphasis on the depiction, description, exposure or representation of specified anatomical areas or the conduct or simulation of specified sexual activities.
For the purposes of this IDO, adult entertainment is considered a primary use, regardless of the use, area, or purpose of any other primary uses on the same premises. See also Adult Retail, Specified Anatomical Areas, and Specified Sexual Activities.Adult or Child Day Care Facility: A facility other than an occupied residence that provides care for more than 12 individual adults or children during the day. For the purposes of this IDO, the City regulates child care facilities that require a license from the state. This use includes pre-schools. This use does not include overnight care. See also Family Home Day Care, Family Care Facility, Community Residential Facility, and Group Home.Adult Retail: Any establishment where 25 percent or more of the gross floor area is used to sell or rent adult material, including but not limited to books, magazines, newspapers, films (video tapes and/or DVDs), slides, photographic or written material, and other items or devices that are distinguished or characterized by an emphasis on the depiction, description, exposure, or representation of specified anatomical areas or the conduct or simulation of specified sexual activities. For the purposes of this IDO, an adult retail establishment that meets the definition above is considered a primary use, regardless of the use, area, or purpose of any other primary uses on the same premises. See also General Retail and Specified Anatomical Areas, Specified Sexual Activities. Agricultural Sales Stand: A structure for the retail sale of agricultural products raised on the same premises. See also Building and Home Improvement Materials Store, Community Garden, Farmers Market, General Agriculture, Nursery, and Seasonal Outdoor Sales.Airport: The area of land used or intended to be used for the landing and takeoff of aircraft, passenger and cargo loading areas, and related uses.Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA): The political subdivision of the State of New Mexico established pursuant to Article 72-16 NMSA 1978 with specific responsibility for flooding problems in the greater Albuquerque area.Alley: A public right-of-way or private way, or a part thereof, primarily devoted to vehicular use and providing secondary access to abutting property or primary vehicular access to residential properties, minimizing or eliminating the need for driveway or drive aisle access to the street. For the purposes of access, alleys are considered a type of street. See also Private Way, Right-of-way, and Street.Allowable Use: A land use allowed in a particular zone district by Table 4-2-1 as a primary or accessory use, whether allowed permissively or conditionally. See also Use Definitions for Permissive Use, Conditional use, and Accessory Use.Alteration: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.AMAFCA: Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA)
The political subdivision of the State of New Mexico established pursuant to Article 72-16 NMSA 1978 with specific responsibility for flooding problems in the greater Albuquerque area.Amendment: Any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of any zone district or Overlay zone; or any repeal or abolition of any map, part thereof, or addition thereto.Amphitheater: A covered or uncovered open-air area or structure suitable for musical or theatrical performances, performing arts, or sporting events with tiers of seats, benches, or berms with seating capacity for less than 1,000 people. See also Auditorium and Stadium.Animal Keeping: The keeping of animals as allowed by Article 9-2 of ROA 1994 (Humane and Ethical Animal Rules and Treatment [HEART]).ANSI: AmericanNationalStandardsInstituteANSI/IES Standards: Standards developed by the American National Standards Institute (ANSI) and the Illuminating Engineering Society (IES), a professional organization of designers, architects, engineers, sales professionals, and researchers. For the purposes of this IDO, ANSI/IES standards are referenced for in Section 14-16-5-8 (Outdoor and Site Lighting).Anthropogenic: Change of conditions caused or influenced by people.APO: Airport Protection Overlay (zone)Arcade: A street-facing faade with an attached colonnade or overhang structure to create a covered passageway. Balconies may overlap the sidewalk while the ground floor remains set at the lot line. This type is ideal for retail use, but only when the sidewalk is fully absorbed within the arcade so that a pedestrian cannot bypass it. An easement for private use of the public right-of-way is usually required.Archaeological Resource: Material remains of past human activity and life that are of archaeological interest, including but not limited to pottery, basketry, bottles, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Non-fossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources unless found in an archaeological context. No item shall be treated as an archaeological resource unless such item is at least 75 years old. Material remains that are structures may be considered for further review and protection as a landmark site or structure.Architecturally Integrated WTF: A WTF that is camouflaged into the structure on which it is located by means of color, texturing, architectural treatment, massing, size, design, and/or shape. An architecturally integrated WTF is a concealed facility.Area of Change: An area designated as an Area of Change in the Albuquerque/Bernalillo County Comprehensive Plan (ABC Comp Plan), as amended, where growth and development are encouraged, primarily in Centers other than Old Town, Corridors other than Commuter Corridors, Master Development Plan areas, planned communities, and Metropolitan Redevelopment Areas.Area of Consistency: An area designated as an Area of Consistency in the Albuquerque/Bernalillo County Comprehensive Plan (ABC Comp Plan), as amended, where development must reinforce the character and intensity of existing development.Arroyo: A watercourse that conducts an intermittent or ephemeral flow, providing primary drainage for an area of land, or a watercourse that would be expected to flow in excess of 1,000 cubic feet per second as the result of a 100-year storm event, as determined by the City Hydrologist.Art Gallery: A building, room, or series of rooms where works of art are exhibited for display or sale.Arterial: A street designated on the Mid-region Council of Governments (MRCOG) Long Range Roadway System Map in the Long Range Transportation System Guide of the Metropolitan Transportation Plan or a logical geographic extension of that street as determined by the City Engineer. An arterial street may be designated as minor or principal arterial and serves large volumes of comparatively high-speed traffic. Access to arterial streets is controlled. See the DPM.Artisan Manufacturing: Small-scale manufacturing and related processes or activities including but not limited to application, assembling, compounding, design, fabrication, growing, making, packaging, processing, sculpting, teaching, treating of crafts or products, or welding often by an artist, artisan, or craftsperson working with ceramic, clay, electronics, metal, paper, plastic, stone, textiles, wood, or similar materials either by hand or with minimal automation or technology, including but not limited to 3D printing. This use includes incidental storage, wholesaling of products manufactured at the facility, and direct sales to consumers. This use also includes the production of beer, wine, or spirits associated with an approved Small Brewers License as governed by Section 60-6A-26.1 NMSA 1978, an approved Winegrowers License as governed by Section 60-6A-11 NMSA 1978, or an approved Craft Distillers License as governed by Section 60-6A-6.1 NMSA 1978. Annual production shall be limited by State statute. This use does not include alcohol sales. Alcohol sales associated with brewing on-site is regulated pursuant to the tap room or tasting room use. See Tap Room or Tasting Room and Cannabis Definitions for Cannabis-derived Products Manufacturing and Cannabis Cultivation.Assisted Living Facility: A facility designed to provide housing, supportive services, personalized assistance, and health care services to respond to individuals who need help with activities of daily living or memory care services, but not including skilled nursing care. Such facilities may include separate bedrooms or living quarters, a commercial or private kitchen, shared dining facilities, and recreational activities. See also Nursing Home, Independent Living Facility, and Other Use Accessory to a Residential Primary Use.Auditorium: A hall or seating area, generally enclosed, where an audience views a musical or theatrical performance, concert, sporting, or other entertainment event, including but not limited to a conference center. See also Adult Entertainment.Automated Teller Machine (ATM): An electronically operated device used to conduct financial transactions on-site by means of direct computerized access.Average: Averages shall be calculated as an arithmetric mean.Bail Bond Business: Any business requiring licensure under Part 13.20.2 of the New Mexico Administrative Code (NMAC) (Bail Bondsmen and Solicitors), including any person, agency, or corporation that acts as a surety and pledges money or property as bail for the appearance of persons accused in court. For the purposes of this IDO, bail bond businesses are treated as a personal and business services use. See also Personal and Business Services.Bakery or Confectionary Shop: A facility for the production and sale of baked goods and confectioneries, primarily for retail sales to customers of the facility. Accessory sales to off-site customers is allowed. For uses with primary off-site sales, see Manufacturing Definitions for Light Manufacturing. See also Catering Service and General Retail.Bank: An establishment that provides retail banking, mortgage lending, and financial services to individuals and businesses, including check-cashing facilities. See also Small Loan Business, which is considered a bank for the purposes of this IDO.Bar: An establishment having as its primary or predominant uses the serving of beer, wine, or liquor for consumption on the premises or for takeout or delivery service for off-site consumption, but that does not meet the definition for Tap Room or Tasting Room.Bed and Breakfast: A low-density residential development with no more than 8 guest rooms that are rented for temporary sleeping accommodations at market rates with breakfast served. Some or all guest rooms may be in accessory buildings. Provision of alcoholic beverages is controlled by the New Mexico State statutes for Bed and breakfast as governed by Section 60-6A-34 NMSA 1978. See also Hotel or Motel.Bedroom: Any room in a dwelling that is partitioned by walls and doors, other than the following: one kitchen, one room that may be designated as a living room, one room that may be designated as a dining room or family room, and any number of baths, foyers, corridors, and closets (all as defined Articles 14-1 and 14- 3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code). Rooms greater than 100 square feet may not be considered closets for the purposes of this definition.Bikeway: Any street or trail that is specifically designated for bicycle travel, regardless of whether such facility is designated for the exclusive use of bicycles or is to be shared with other transportation modes.BioPark: City-owned facilities managed by Cultural Services and regulated by a Master Plan, including the ABQ BioPark Zoo, Botanic Garden, Aquarium, and Tingley Beach. Zoned NR-PO-D in the IDO.Block: Where used to describe a city block or an area to be platted with lots and streets, an area that is bounded but not crossed by streets, railroad rights-of-way, waterways, unsubdivided areas, or other barriers. For the purposes of the large retail facility provisions and development in the NR-LM and NRGM zone districts, drive aisles and private streets also qualify as block boundaries. See also Measurement Definitions for Block Length.Block Length: The distance from centerline to centerline of two intersections. In the instance that a block is bounded by other obstructions, the measurement shall be from the centerline of the street to the edge of the obstruction. See DPM for additional explanation. See also Block.Blood Services Facility: An establishment that collects whole blood for transfusion or further processing; collects plasma for further processing; or uses plasmapheresis, plateletpheresis, or leukapheresis processes for removal of blood from a donor. This does not apply to hospitals for human beings, laboratories for collection of personal blood samples, or temporary blood drives.Boat: A vehicle not exceeding 30 feet in body length, 8 feet in width, or 11 feet in overall height, for traveling in or on water. Height includes the trailer if the boat is mounted on a trailer. See also Trailer.Bonus: See Building Height Bonus.Buffer: See Landscape Buffer.BUG: Backlight,Uplight,GlareBUG (Backlight, Uplight, Glare) Rating: A rating system for the quantity of light within specific beam angles, consisting of all of the following:
Backlight A rating based on zonal lumens distributed behind a luminaire between 0 and 90 degrees from the vertical of nadir.
Uplight A rating based on zonal lumens emitted above 90 degrees from the vertical of nadir.
Glare A rating based on the zonal lumens distributed between 60 and 90 degrees from the vertical of nadir.Building: An independent, fully enclosed structure with a roof supported by columns or walls resting on its own foundations that is built and maintained for the support, shelter or enclosure of persons, animals, or property of any kind. Unless specified otherwise in this IDO, this term refers to anything within the footprint of a common roof including, but not limited to, a porch, breezeway, or carport. See also Accessory Building, Front Faade, Street-facing Faade, Large Retail Facility, Primary Building, and Structure.Building and Home Improvement Materials Store: An establishment having a gross floor area greater than 50,000 square feet primarily engaged in retailing a general line of new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical goods, tools, house wares, hardware and lawn and garden supplies, with the merchandise lines normally arranged in separate departments, with or without central customer checkout. This use includes the sale of plants and garden supplies in outdoor areas and incidental outdoor storage. See also General Retail.Building Coverage: The percentage of a lot that is covered by building footprints. See also Building.Building Height: The vertical distance above the average finished grade, unless specified otherwise in this IDO, at each faade of the building, considered separately, to the top of the coping or parapet on a flat roof, whichever is higher; to the deck line of a mansard roof; or to the average height between the plate and the ridge of a hip, gable, shed, or gambrel roof. On a stepped or sloped project site, the maximum height is to be measured above average finished grade of any distinct segment of the building that constitutes at least 10 percent of the gross floor area of the building, unless specified otherwise in this IDO. See also Building, Building Height Bonus, Finished Grade, and Measurement Definitions for Grade and Ground Floor Clear Height.Building Height Bonus: A building height bonus provides an additional 12 feet of building height unless specified otherwise in this IDO, in exchange for a certain type of development that has a civic benefit. See also Measurement Definitions for Building Height. The following bonuses are available as specified in this IDO.Building Stepback: For the purposes of measuring a building stepback where required, each plane of the faade should be independently considered to determine the relevant stepback for that portion of the building. See also Front Faade and Street-facing Faade.Building-mounted Sign: A sign entirely supported by or through a building, including canopy sign, marquee sign, projecting sign, rooftop sign, or wall sign. See also Sign Definitions for Canopy Sign, Marquee Sign, Projecting Sign, Rooftop Sign, Wall Sign, and Window Sign.Buliding Coverage: The percentage of a lot that is covered by building footprints. See also Building.Bulk Land Subdivision: Any subdivision of property that is primarily intended to facilitate transfer to intermediate land holders, not to create lots available for development without further subdivision or Site Plan approvals.Business: A legal entity operating an enterprise in a space separate from any other enterprise.Business Days: For deadlines, a period of days that does not include weekends or holidays listed in Part 3-1-12 of ROA 1994 (Legal Holidays). See also Calendar DaysBusiness Hours: The published hours that an establishment is open to the public. See also Operating Hours.Calendar Days: A period of calendar days that includes business days, weekends, and holidays listed in Part 3-1-12 of ROA 1994 (Legal Holidays) unless specified otherwise in this IDO. For deadlines, if the final day falls on a weekend or a holiday, the period ends on the following business day. Where this IDO refers to a period of multiple months or a period of one or more years, the final day of the period would fall on the corresponding date of the month in the future (i.e. if the period starts on May 18, a 3 month period would end on August 18; a 1-year period would end on May 18 of the following year.) See also Business Days.Campground or Recreational Vehicle Park: A lot developed or used to provide campsites for occupancy by tents and/or recreational vehicles for temporary sleeping accommodations, typically at market rates. A campground/recreational vehicle park may include recreational services, facilities, and activities for use by the public and occupants. See also Vehicle Definitions for Recreational Vehicle and Vehicle.Cannabis: As defined in Sections 26-2C-1 to 26-2C-42 NMSA 1978. The IDO regulates cannabis retail, cannabis cultivation, and cannabis-derived products manufacturing only. The IDO shall not impede any personal allowances as established by Sections 26-2C-1 to 26-2C-42 NMSA 1978. For the purposes of this IDO, hemp is not regulated as cannabis. See also Hemp.Cannabis Cultivation: A facility licensed by the State to sell cannabis under Sections 26-2C-1 to 26-2C-42 NMSA 1978 in which cannabis is grown, harvested, dried, cured, or trimmed.Cannabis Odor Control Plan: A written document, approved by a professional engineer or industrial hygienist, explaining plans for reducing cannabis odors associated with cultivation, manufacturing, or licensed onsite cannabis consumption, which shall include, at a minimum, contact information, operating hours, a floor plan, a description and schedule of odor-producing activities, administrative controls such as employee training and maintenance, and engineering controls such as carbon filtration.Cannabis Retail: A retail sales establishment licensed by the State to sell cannabis under Sections 26-2C-1 to 26-2C-42 NMSA 1978. Retail establishments selling cannabis solely for consumption by users with a medical card issued by the State under Sections 26-2B-1 to 26-2B-10 NMSA 1978 (the Lynn and Erin Compassionate Use Act) are considered general retail and are not regulated by this definition. On-site cannabis consumption licensed by the State is considered an incidental activity of cannabis retail. See also General Retail and Commercial On-site Consumption.Cannabis-derived Products: A product, other than cannabis itself, that contains or is derived from cannabis, as regulated by Sections 26-2C-1 to 26-2C-42 NMSA 1978. See also Hemp.Cannabis-derived Products Manufacturing: A facility licensed by the State to sell cannabis under Sections 26-2C-1 to 26-2C-42 NMSA 1978 for the processing, including but not limited to extraction, refinement, isolation, or packaging of a product other than cannabis itself, which contains or is derived from cannabis, including but not limited to concentrates, cannabis infusions, edible products, ointments, and tinctures, but excluding hemp. See also Hemp.Canopy: A roof-like decorative feature projecting from the exterior of a building that may serve as a shelter from the sun, rain, or wind. A tree canopy includes the area beneath a trees dripline. See also Sign Definitions for Canopy Sign.Canopy Sign: A type of building-mounted sign mounted on or under a permanent canopy, arcade, or portal. See Sign Definitions for Wall Sign for signs on a freestanding roofed structure, such as a canopy for a vehicle fueling station.Car Sharing Program: A self-service membership-based program that allows members to use a shared motor vehicle owned by that program on a short-term basis. Companies or programs that make motor vehicles available for rent where users enter into a separate written agreement each time they rent the vehicle are not considered car sharing programs.Car Wash: A building, or portion of a building, containing facilities for the primary purpose of washing automobiles using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices or providing space, water, equipment, or soap for the complete or partial handwashing of such automobiles, whether by operator or by customer.Carport: A roofed structure that is not enclosed on at least 2 sides, that is used for parking vehicles, and that is located over a parking area and/or driveway. For the purposes of this IDO, carports are subject to building height maximums in the underlying zone district but are allowed to be in required setbacks pursuant to Table 5-1-4. See also Porch.Catering Service: An establishment whose primary business is to prepare food on-site, then to transport and serve the food off-site. No retail sale of food or beverages for consumption on the premises is allowed.CCT: CorrelatedColorTemperatureCD: CandelaCenter: An area designated as an Activity Center in the ABC Comp Plan, as amended.Certificate of Appropriateness: Written authorization required for alteration, demolition, or new construction pursuant to Subsections 14-16-6-5(B) (Historic Certificate of Appropriateness Minor) or 14-16-6-6(D) (Historic Certificate of Appropriateness Major).Characteristic Building: A building in the Nob Hill/Highland CPO-8 that exemplifies historic commercial architecture as identified on the map in Section 14-16-3-4(I).Chief Building Official: A City employee in the City Planning Department responsible for enforcing Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code) and managing the operations of the Building Safety Division of the City Planning Department, including issuing building and demolition permits, performing building inspections, and coordinating with other divisions and departments to help maintain a safe and habitable built environment.Chile Ristra: A string or cord on which natural, unadorned chile peppers are threaded or tied and hung for display.Circus: A travelling enterprise that features feats of physical skill and daring, wild animal acts, and performances by clowns.City: Capitalized, this refers to the City of Albuquerque, New Mexico local government, pursuant to the City Charter. Uncapitalized, this refers to the geographic area defined by the City of Albuquerque municipal boundary.City Archaeologist: A City employee, or person contracted by the City, who reviews sites for archaeological significance, as described in Section 14-16-6-5(A) (Archaeological Certificate).City Council: The governing body of the City and the land use and zoning authority empowered by the State through home rule. The City Council makes discretionary, policy, and regulatory decisions for City-owned property and private property within the citys municipal boundaries.City Engineer: A City employee who is a professional engineer registered by the State of New Mexico and designated as the City Engineer, including his/her designee, who is also a professional engineer registered by the State of New Mexico.Civic or Environmental Benefit: A tangible or measurable benefit resulting from or provided in association with a development project,either onsite or offsite, that serves the surrounding community or environment, including but not limited to, improved public transportation facilities; community facilities, services, and amenities; affordable housing; open space or sensitive land preservation and/or restoration; support for community cultural programs; or environmental monitoring stations.Clean Room: A facility to manufacture delicate and fragile components where processes and components are protected from any outside environmental factors. Clean rooms include working with chemicals, volatile materials, and sensitive instruments. Other clean rooms that do not meet this definition are regulated as incidental activities associated with primary uses in the Industrial and Commercial use categories in Table 4-2-1. See also Special Manufacturing. Clear Sight Triangle: An area of unobstructed vision at street intersections at least 3 feet and no more than 8 feet above the gutter line and within a triangular area at the street corner, driveway, or drive aisle, as regulated by the DPM.Club: An organization, including but not limited to a lodge, catering exclusively to members and their guests for social, intellectual, recreational, or athletic purposes that are not conducted for profit.Club or Event Facility: A publicly or privately owned building devoted to the assembly of people for social, professional, or recreational activities such as meetings, weddings, or conferences. See also Community Center and Residential Community Amenity.Cluster Group: A grouping of low-density residential units located within a cluster development where the outer boundary is defined by the rear lot lines of the lots within the group. Each cluster group is distinct and separate from another cluster group. See Dwelling Definitions for Cluster Development.CMU: Concrete Masonry UnitCollector: A street designated on the Mid-region Council of Governments (MRCOG) Long Range Roadway System Map in the Long Range Transportation System Guide of the Metropolitan Transportation Plan or a logical geographic extension of that street as determined by the City Engineer. A collector street may be designated as a major or minor collector and carries substantial traffic from local streets to arterial streets. See the DPM.Collocation: Where used for Wireless Telecommunications Facilities (WTFs). The location of more than one WTF at a single location and/or using the same structure, not including a public utility structure, for mounting wireless telecommunications antennas by more than one provider of wireless telecommunications services. See also Public Utility Collocation.Color Rendering Index (CRI): A measurement on a scale of 0 to 100 to describe the ability of a light source to render an objects colors as if it were being exposed to natural daylight. A score close to 100 indicates that an anthropogenic light source is a close match for natural light.Commercial Services: Any activity involving the provision of services carried out for profit, generally for a business customer and not an individual buyer, including but not limited to upholstering, welding, laundry, printing, or publishing, that is not listed separately as a distinct use in Table 4-2-1.Common Open Space: The area of undeveloped land and/or existing site features within a cluster development that is set aside for the preservation, use, and enjoyment by the owners and occupants of the dwellings in the development and includes historic buildings or structures, sensitive lands, agriculture, landscaping, or outdoor recreation uses. The common open space is a separate lot or easement on the subdivision plat of the cluster development. For the purposes of the common open space calculation in cluster development, parks and concrete or reinforced arroyos do not count as common open space. See also Dwelling Definitions for Dwelling, Cluster Development.Community Center: A public building or facility operated for meeting, social, cultural, educational, or recreational purposes, including but not limited to multigenerational and senior centers. See also Health Club/Gym and Residential Community Amenity.Community Garden: A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family as a primary use of land.Community Residential Facility: A facility that is designated to provide a residence and services for persons who need personal assistance, personal services, personal care, and/or protective care and who meet the definition of a handicapped person or are protected against housing discrimination under the federal Fair Housing Act Amendments of 1998 (or as amended) and court decisions interpreting that Act. This use does not include 24-hour skilled nursing care, which is regulated as either hospital or nursing home for the purposes of this IDO. This use does not include facilities for persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program, facilites for persons or individuals in the criminal justice system, or residential facilites to divert persons from the criminal justice system, which are all regulated as group homes for the purposes of this IDO. See also Family, Family Care Facility, Group Home, and Nursing Home.
Community Residential Facility is divided into 2 categories based on the number of individuals residing in the facility (not the size of the structure).
1. Community Residential Facility, Small: A facility housing between 6 and 8 individuals receiving services, plus those providing services.
2. Community Residential Facility, Large: A facility housing between 9 and 18 individuals receiving services, plus those providing servicesConcealed WTF: As further prescribed in Subsection 14-16-4-3(E)(12)(a), a WTF that is aesthetically integrated or otherwise consistent with surrounding existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape, and that does not visually stand out as a WTF. A face-mounted WTF that is painted to match the faade, but has no other design elements that conceal the wireless telecommunications antenna, remains readily visible to the naked eye and is not considered a concealed WTF.Conditional Use: A land use that is allowable in a particular zone district subject to conditional approval by the ZHE based on a review of the potential adverse impacts of the use and any appropriate mitigations to minimize those impacts on nearby properties. Table 4-2-1 indicates whether a particular conditional use is primary (listed as C) or accessory (listed as CA) or allowed conditionally in a primary building that has been vacant for a specified amount of time (listed as CV).Construction: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.Construction Contractor Facility and Yard: A building and any related outdoor areas used to store and maintain construction equipment and materials, including but not limited to plumbing, electrical, carpentry, roofing, landscaping, and facilities customarily required in the building trade by a construction contractor. See also Building and Home Improvement Materials Store.Construction Staging Area, Trailer, or Office: A temporary building or structure used as a construction office or outdoor storage area for equipment and materials for a project during its construction and located on the same site or on a nearby site.Convertible Parking Structure: A structure or part of a structure designed to accommodate motor vehicle parking spaces that has a fully enclosed ground level with no ramping on any ground floor street-facing faade so that the ground floor can be adapted to commercial, residential, or office uses.Cool Season Grasses: Grass types that grow exceptionally well between 65 and 75 degrees, including but not limited to, Kentucky blue-grass, perennial ryegrass, and tall fescue. These grasses are durable and require ample watering during high summer temperatures.Corner Lot: A lot located at the intersection of and having frontage on 2 or more streets.Correctional Facility: A facility to house persons awaiting trial or persons serving a sentence after being found guilty of committing a crime. This use includes a prison, jail, and adult or juvenile detention center.Correlated Color Temperature (CCT): The color appearance of light emitted by a lamp. The CCT rating for a lamp is a measure of the "warmth" or "coolness" of its appearance and is measured in Kelvin (K). Lower CCT (2200K) appears very warm or amber. Medium CCT (2700K 3000K) appears warm white. High CCT (4000K +) appears cool white or blue.Corridor: A street and adjoining land designated in the ABC Comp Plan, as amended, as one of 5 Corridor types designated based on travel modes and development intensity, excluding Commuter Corridors. See also Measurement Definitions for Corridor Area.Corridor Area: Where the specified distance crosses a lot line, the entire lot is included in the Corridor Area. See also Centers and Corridors Definitions.County: Bernalillo County, New Mexico, unless the context clearly indicates that another county is intended.Courtyard Wall: Walls that are not on the lot line that enclose an outdoor space to form an outdoor courtyard.CPA: Community Planning AreaCPO: Character Protection Overlay (zone)CPTED: Crime Prevention Through Environmental DesignCrematorium: An establishment that burns dead bodies of humans and/or animals.CRI: ColorRenderingIndexCritical Infrastructure: The physical or cyber assets that are so vital to the City that their incapacity or destruction would have a debilitating impact on physical or economic security or public health or safety. For the purposes of this IDO, critical infrastructure includes electric, water, and gas services.Cul-de-sac: A short street intersecting another street at one end and terminating at the other end, normally with a vehicular turnaround.Cumulative Impacts: The environmental and community health impacts that result from the incremental effects of industrial and certain commercial developments when considered in conjunction with other past and present development.Curb Cut: Any break in a curb that facilitates access to or from a street, alley, driveway, or drive aisle.Curfew: See Outdoor Lighting Curfew. Demolition: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.Demolition Permit: Where used associated with a Historic Protection Overlay Zone, see Historic Protection Overlay (HPO) Zone Definitions.Developer: Any individual, corporation, company, firm, partnership, joint venture, or other entity responsible for land platting and/or construction or placement of any structures or infrastructure within the boundaries of the city. If the property owner has engaged a representative to act as his/her agent, the agent must possess a legally binding agreement with the property owner in order to act in the property owner's behalf with regard to the development of the project.Development: Any activity that alters the ground or lot lines on a property. Development may include subdivision of land; construction of buildings, structures, or streets; installation of landscaping, infrastructure, utilities, or site features; and/or activities to prepare land for such construction or installation, such as grading. For the purposes of the IDO, this term includes new development and redevelopment on existing lots. Deviation: An exception to IDO standards that can be granted by the relevant decision-making body within thresholds established by Table 6-4-1 or based on criteria for a Waiver for standards in Sections 14-16-5- 3 (Access and Connectivity), 14-16-5-4 (Subdivision of Land), or 14-16-5-5 (Parking and Loading) pursuant to Subsection 14-16-6-6(P) (Waiver DHO) or for standards related to wireless telecommunications facilities pursuant to Subsection 14-16-6-6(Q) (Waiver Wireless Telecommunications Facility). See also Waiver.DHO: Development Hearing Officer
A person or firm on contract with the City who makes decisions about subdivisions, vacations, and waivers based on zoning standards in the IDO and technical standards in the DPM. The DHO replaced the Development Review Board with the effective date of the 2021 IDO Annual Update.Dispatch Center: A facility from which vehicles for couriers, deliveries, security, locksmiths, taxis, senior services, mealson-wheels, or similar services are dispatched. Accessory uses may include, but are not limited to, administrative offices and vehicle washing facilities.Distance for Notice of Appeals: Includes public rights-of-way unless specified otherwise in this IDO.Distance from a Linear Feature: When this IDO refers to a distance from any linear feature, including but not limited to a street, lot line, or faade, the measurement shall be made perpendicular to the linear feature along the length of that linear feature.Distance to a Through Lane: Distance to a through lane is measured to the closest striped edge.Distillation: The heating of dried cannabis or cannabis extract for the purposes of separating one or more cannabinoids.DNL: Day-night Noise LevelDormitory: A residence hall providing rooms for individuals or groups, with common spaces for living and cooking. Individual bedrooms may have a dedicated bathroom or shared bathrooms. Dormitories are often established with a university or college, vocational school, or sorority or fraternity. See also Club or Event Facility, University or College, and Vocational School.DPM: Development Process Manual (DPM)
A compilation of City requirements related to design criteria, technical and engineering standards, and procedures for the processing of development proposals within the City's jurisdiction, particularly relating to public rights-of-way.Drainage Facility: The system of structures for collecting, conveying, and storing surface and stormwater runoff. Drainage facilities are for surface and stormwater runoff conveyance and containment. These include but are not limited to streams, pipelines, channels, ditches, arroyos, acequias, wetlands, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and manmade. On-site drainage ponding areas that manage stormwater generated by uses on the lot are not considered drainage facilities. See also Acequia, Major Arroyo, and Major Utility.Drainage Plan: Drainage Plan
See definition in the DPM.Drainage Report: Drainage Report
See definition in the DPM.DRB: Development Review Board (DRB)
A board made up of City and Agency staff that was replaced by the Development Hearing Officer with the effective date of the 2021 IDO Annual Update. For the purposes of this IDO, major amendments of an approved Site Plan DRB may be reviewed and decided pursuant to Subsection 14-16-6-4(Y)(2)(c)3.Drive Aisle: An accessway with a stabilized surface allowing vehicular access either to individual buildings or to parking space(s) within parking lots in multi-family, mixed-use, and non-residential development.Drive Pad: Drive pad
See definition in the DPM.Drive-in Theater: An establishment including a large outdoor movie screen, a projection booth, and a large parking area for automobiles from which films projected outdoors may be seen. Accessory uses may include a concession stand.Drive-through or Drive-Up Facility: Facilities associated with a primary use, including but not limited to banks, financial institutions, restaurants, dry cleaners, and drug stores, but not including car washes or light vehicle fueling, to offer goods and services directly to customers waiting in motor vehicles. See also Car Wash and Vehicle Definitions for Light Vehicle Fueling.Driveway: An unobstructed area for parking that is located between the sidewalk (or drivepad if no sidewalk is required) and the garage or other allowed off-street parking area in low-density residential development and that is paved per DPM standards for pavement or alternative pavement. See the DPM for definition of drive pad and for paving standards. See also Parking Definitions for Garage.DT: Downtown Center (DT)
The area designated as the Downtown Center in the ABC Comp Plan, as amended.Dwelling Unit: Unless specified otherwise in this IDO, one or more connected rooms and a kitchen designed for and occupied by no more than one family for living and sleeping purposes, permanently installed on a permanent foundation and meeting the requirements of Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code), as of the date of the unit's construction. See also Family and Kitchen.Dwelling Unit, Accessory: A dwelling unit that is accessory to a primary single-family or two-family detached dwelling or a non-residential primary use. A detached accessory dwelling unit is also considered an accessory building. See also Dwelling Definitions for Dwelling, Live/work; Dwelling, Single-family Detached; and Dwelling, Two-family Detached (Duplex); Kitchen; and Measurement Definitions for Accessory Dwelling Unit.Dwelling, Cluster Development: A development type that concentrates single-family or two-family detached dwellings on smaller lots than would otherwise be allowed in the zone district in return for the preservation of common open space within the same site, on a separate lot, or in an easement. A cluster development does not increase the overall density of a development but rather allows dwellings to be clustered on smaller lots. The intent of cluster development is to create an innovative development pattern that is sensitive to natural features and topography and creates more area for open space, recreation, and social interaction. See also Open Space, Common.Dwelling, Cottage Development: A shared-interest low-density residential community in which multiple small individual dwellings are served by shared private ways or infrastructure, and in which the development intensity is measured by the amount of gross floor area in residential dwelling units rather than the number of residential dwelling units. A cottage development may include a combination of dwelling units with or without kitchens and with shared facilities, including but not limited to open space, parking lots or carports, gardens, recreation areas, community building(s) with facilities such as a kitchen and dining area, meeting and activity spaces, and a maximum of 1 guest room.Dwelling, Live-Work: A residential dwelling unit that includes a dedicated work space accessible from the living area, reserved for and regularly used by one or more residents of the dwelling unit, and in which the type or size of the work performed is larger or more extensive than that allowed as a home occupation. See also Home Occupation.Dwelling, Mobile Home: A transportable structure that does not meet the construction safety standards of the federal Manufactured Housing Act of 1974. For the purposes of this IDO, this definition includes transportable structures built prior to June 15, 1976, when the Act went into effect.Dwelling, Multi-family: A building, multiple buildings, or a portion of a building located on a single lot, containing 3 or more dwelling units, each of which is designed for or occupied by one family only, with separate housekeeping and cooking facilities for each, and that does not meet the definition of a townhouse dwelling. Within mixed-use development, a building containing 2 or more dwelling units is considered multi-family. See also Development Definitions for Multi-family.Dwelling, Single-family Detached: A residential building used for occupancy by 1 household that is not attached to any other dwelling unit through shared side or rear walls, floors or ceilings, or corner points. See also Manufactured Home and Development Definitions for Low-density Residential.Dwelling, Temporary: A portable dwelling, not attached to a permanent foundation, for use during temporary events or construction periods. For the purposes of this IDO, tents are not considered temporary dwellings. See also Campground or Recreational Vehicle Park.Dwelling, Townhouse: A building or multiple buildings with 3 or more dwelling units divided from each other by vertical common walls, each having a separate entrance leading directly to the outdoors at ground level. For the purposes of this IDO, this use is considered a type of low-density residential development, whether the townhouses are platted on separate lots or not. See also Development Definitions for Lowdensity Residential.Dwelling, Two-family Detached (Duplex): A residential building containing 2 dwelling units, each of which is designed for or occupied by 1 family only, with kitchens for each. Each unit in a two-family dwelling is completely separated from the other by an unpierced wall dividing the 2 units side-to-side or back-to-front or by an unpierced ceiling and floor extending from exterior wall to exterior wall (overunder), except for a stairwell exterior to 1 of the dwelling units. See also Development Definitions for Low-density Residential.Easement: A legal right to use anothers land for a specific, limited purpose, typically within private ways. The purpose may include, but is not limited to, installing and maintaining stormwater drainage, water and sanitary sewer lines, fire hydrants, landscaping, and other infrastructure improvements. Easements may also be granted for open space, view protection, or other specific uses. See also Private Way.EC: Employment Center (EC)
An area designated as an Employment Center in the ABC Comp Plan, as amended. For the purposes of this IDO if any portion of a parcel is within an Employment Center, the Employment Center regulations apply to the entire parcel.EES: EnergyStorageSystemElectric Utility: A facility used or designed to provide electricity services to the city or part of the city that is regulated as a public utility by the New Mexico Public Regulation Commission, but not including an Energy Storage System, which is regulated as a separate use for the purposes of this IDO. Back-up generators and back-up battery storage are incidental to this use. See also Energy Storage System, Geothermal Energy Generation, Major Utility, Solar Energy Generation, Utility-scale Electric Facility, and Wind Energy Generation.Electric Vehicle Charging Station: A facility or area where electric-powered or hybrid-powered motor vehicles can obtain electrical current to recharge batteries and that is an incidental activity of a primary use of the property.Electromagnetic Interference: Disturbance caused by intruding signals or electrical current.Electronic Sign: A sign that is internally lit to display messages and images that are changed electronically. The lit sign area may be of various types, including but not limited to flat screen, active display matrix, or a board with a single or multiple lines of text or graphics. The light source may vary but is typically Light Emitting Diodes (LED). Any sign that meets the definition of a neon sign is not considered to be an electronic sign. See also Sign Definitions for Neon Sign.Employment Center: An area designated as an Employment Center in the ABC Comp Plan, as amended.EPA: United States Environmental Protection AgencyEPC: Environmental Planning Commission (EPC)
A 9-member commission appointed by the Mayor, as described in Section 14-16-6-2(E) (Environmental Planning Commission), that makes discretionary and policy decisions and recommendations about land use in the city.Equestrian Facility: A facility where horses, mules, or ponies are hired, bred, shown, or boarded including accessory stables or exercise areas. Equestrian facilities are often for the display of equestrian skills and the hosting of events, including but not limited to show jumping, dressage, and similar events of other equestrian disciplines.Escarpment: Land with 9 percent slope or more, where development is discouraged. The Northwest Mesa Escarpment is part of the Petroglyph National Monument, which is also designated as Major Public Open Space. See also Open Space Definitions for Major Public Open Space.ESS: Energy Storage System
A utility-scale electric facility that stores energy from the electrical grid and then discharges it at a later time to provide power when needed. An ESS may include electrochemical batteries and/or solid-state batteries (Battery Energy Storage System), mechanical energy storage, and/or thermal energy storage. For the purposes of this IDO, this use does not include charging equipment for electric vehicles (EVs), batteries used in consumer products, or residential energy storage systems. See also Electric Utility and Utility-scale Electric Facility.Establishment: A place of business, industry, institutional, or philanthropic activity, with its furnishings and staff. See also Business.EV Capable: Parking spaces with a capped cable or raceway connected to an installed electric panel with dedicated branch circuit(s) to install the infrastructure and equipment needed for a future electric vehicle (EV) charging station with a rating of 240 volts or higher.Existing Vertical Structure: Any tower or other vertical structure that was constructed in accordance with a building permit.Exterior Appearance: The visual character of all outside surfaces of a structure, including the kind and texture of the signs, light fixtures, steps, or appurtenant elements.Extraction: The use of any solvent except water to separate one or more cannabinoids from dried cannabis.Extraordinary Facility: Facility within Major Public Open Space, not including trails, fencing, signs, incidental parking lots, access roads, or infrastructure not visible on the surface, that is primarily for facilitating recreation, relaxation, and enjoyment of the outdoors and that requires additional review by the Open Space Advisory Board and EPC pursuant to the Rank 2 Major Public Open Space Facility Plan. Extraordinary Facilities may include utility structures, WTFs, or buildings. See also Open Space Definitions for Major Public Open Space.FAA: Federal Aviation AdministrationFaade: When the IDO refers to a distance to a faade, the measurement shall be made to the closest perpendicular plane of a primary building faade. See also Garage and Faade Definitions.Face-mounted WTF: A wireless telecommunications antenna attached to and covering a small portion of the surface of a building. Face-mounted WTFs are considered unconcealed and are prohibited. Existing face-mounted WTFs are regulated as Nonconforming uses. See also Unconcealed WTF.Facility Plan: Rank 2 plan that is specialized to cover only one type of utility or public facility, such as electric facilities or Major Public Open Space, and specifies important development standards, general site locations, and multi-year programs for facility capital improvements. Such plans address the entire metropolitan area or city, or at least a major part of it.Fair, Festival, or Theatrical Performance: An organized event or set of events, including but not limited to musical performances and plays, usually happening in one place for a designated period of time with its own social activities, food, or ceremonies and accessory sales of retail goods.Fairgrounds: An area developed for the purpose of holding fairs, circuses, or exhibitions.Family: Any of the following individuals or groups:
1. An individual.
2. Two (2) or more persons related by blood, marriage, legal guardianship, or adoption, plus household staff.
3. Any group of not more than 5 unrelated persons living together in a dwelling that do not meet the definition of group home. See also Group Home.
4. Any group of 5 persons or more that has a right to live together pursuant to the federal Fair Housing Act Amendments of 1988 (or as amended), as interpreted by the courts.Family Care Facility: An occupied dwelling used for 24-hour care of 1 or 2 residents who are not relatives of the resident family and not under court ordered guardianship of a member of the resident family. This type of facility must be licensed as a Family Care Home by the State and provide services as outlined for Adult Residential Shelter Care or Board and Care Homes in New Mexico Health and Environment Department regulations.Family Home Day Care: An occupied dwelling in which a person provides, for remuneration, care for at least 4 but not more than 12 children on a regular basis for less than 24 hours per day. The resident provider's children who are age 6 or more shall not be counted for this definition.Farmers Market: An occasional or periodic market held in a designated area where groups of individual sellers offer for sale to the public items such as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages dispensed from booths located on-site. See also Agricultural Sales Stand, Open Air Market, and Seasonal Outdoor Sales.FC: FootCandleFestoon Lighting: String lighting with individual bulbs suspended between 2 or more points and capable of providing usable illuminance, subject to curfew. For the purposes of this IDO, festoon lighting is not considered seasonal lighting. See also Outdoor Lighting Curfew and Seasonal Lighting.Film Production: For the purposes of this IDO, a temporary use that involves filming a movie, television show, commercial, or other type of televised media as the primary use of the property. Film production includes temporary structures, such as sets, lighting rigs, sound stages, and the parking of large vehicles.Final Plat: The completed subdivision plat in a form for approval and recordation.Finished Grade: 1. The elevation of the approved ground level at all points along a wall or fence.
2. The specified elevation on the grading plan approved by the City in conjunction with an approved Subdivision or Site Plan. In the absence of such approved plans, natural grade applies. See also Natural Grade and Measurement Definitions for Grade.Fire Station: A public facility where fire engines and other equipment are housed and from which calls for emergency fire responses are handled.Flood Definitions: The Citys flood protection regulations are included in Article 14-5 of ROA 1994 (Flood Hazard and Drainage Control). If there is a conflict between these general definitions and the definitions in Article 14-5, the definitions in Article 14-5 shall prevail.Flood Fringe: The area between the floodway and the boundary of the base flood (i.e. 100-year flood).Floodplain: Any land area that is subject to a one percent or greater change of flooding in any given year (i.e. a base flood), as defined by the Federal Emergency Management Agency and shown on National Flood Insurance Program maps, from any source. The floodplain includes both the floodway and flood fringe. See also Sensitive Lands Definitions.Floodway: The channel of a river, arroyo, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood.Foot Candle: A unit of illumination measurement equal to 1 lumen per square foot (lm/s.f.) of surface area.Forecourt: Building frontage where the street-facing faade is aligned with the front lot line, with a portion of the building set back. A fence or wall at the property line may be used to define the private space of the court. Gardens and vehicular drop-off areas are allowed within the forecourt.Framework Plan: A plan that accompanies applications for the creation of a PC zone district that describes, in general terms and without engineering level detail, proposed land uses (based on definitions in this IDO); proposed maximum and minimum intensities of development for each development phase or area; and the location, size, alignment, and connectivity of proposed automobile, bicycle, and pedestrian circulation systems; open space and/or wildlife habitat systems; and storm drainage systems and facilities.Freestanding Sign: A sign attached to or supported from the ground and not attached to a building. Signs on walls or fences that are not an integral part of a building are considered freestanding signs. Freestanding signs do not include portable signs. See Sign Definitions for Monument Sign and Pole Sign for sign types that are considered freestanding.Freestanding WTF: A WTF, other than a public utility collocation, that consists of a standalone support structure, antennas, and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, or similar structure.Freight Terminal: A property or building used primarily for the temporary parking of trucks of common or contract carriers during loading or unloading and for receiving and dispatch of freight vehicles, including necessary warehouse space for storage of transitory freight. Incidental activities include, but are not limited to, a truck wash and loading and unloading from rail spurs.Front Faade: The street-facing faade that is parallel to and closest to the front lot line and that typically contains the front door or primary pedestrian entrance. See also Measurement Definitions for Faade and Yard Definitions for Front Yard.Front Lot Line: A legal boundary of a lot that abuts a street. On a corner lot, the side with the street number address is the front lot line. For the purposes of determining setback requirements on an interior lot that does not abut a street, the lot is not considered to have a front lot line. In that case, all lot lines would be considered side lot lines. For a through lot, the property owner may designate which of the 2 lot lines is the front lot line. See also Measurement Definitions for Setback. Front Yard: The part of a lot from the front lot line to any front faade of the primary building, extended to both side lot lines. If there is no primary building on the lot, the part of a lot within the minimum setback in the zone district on the side of the lot where the property will be addressed. See also Lot Definitions.Front-access Garage: A garage in which the garage door is angled less than 45 degrees away from the front lot line (i.e. typically the street that the primary residence faces). See also Garage, Side-access Garage, and Rear-access Garage.Fully Shielded Luminaire: Luminaires constructed and properly installed so that no light rays are directly emitted at angles above the horizontal plane as certified by a photometric test report and all light is effectively directed downward.Game Arcade: Any commercial building in which there are more than 3 amusement game machines on the premises that are available to the public. An arcade may contain commercial recreational machines or games otherwise allowed in the State of New Mexico (beyond amusement game machines).Garage: A single-story structure or part of a building in a low-density residential development or a single-story structure in a multi-family residential development designed to accommodate motor vehicle parking spaces that are completely enclosed, but not including a parking structure. For the purposes of this IDO, the terms two- or three-car garages refer to the garage width, assuming side-by-side parking, not tandem parking. See also Front-accessed Garage, Parking Structure, Rear-accessed Garage, and Side-accessed Garage and Development Definitions for Residential Development.Garage or Yard Sale: The occasional sale of household goods from a residential premises to the public, but not including the sale of new or used commercial goods not previously used as household goods by the individuals conducting the sale or goods purchased by the household specifically for resale.Garden: An area of land managed and maintained as an accessory use of land to cultivate fruits, flowers, vegetables, or ornamental plants for personal or group use, consumption, or donation.General Agriculture: Any use of land for the purposes of crops, grazing animals, orchards, trees or forest lands, and any other use pertaining to farming or agricultural research, including the raising of horses, cattle, sheep, goats, and other farm animals for use or sale, and including all the types of structures normally associated with these uses, such as storage bins, barns, sheds, tool houses, greenhouses, garages, and any other use or facility ancillary to farming or open land. See also Animal Keeping, Building and Home Improvement Materials Store, Community Garden, and Nursery.General Retail: An establishment providing for the retail sale of general merchandise or food to the general public for direct use and not for wholesale; including but not limited to sale of general merchandise, clothing and other apparel, flowers and household plants that are not grown on-site, dry goods, convenience and specialty foods, hardware and similar consumer goods, cannabis for medical consumption pursuant to Sections 26-2B-1 to 26-2B-10 NMSA 1978 (the Lynn and Erin Compassionate Use Act), or other retail sales not listed as a separate use in Table 4-2-1. See also Adult Retail, Building and Home Improvement Materials Store, Large Retail Facility, Liquor Retail, and Grocery Store. General retail is divided into 3 categories based on the size of the establishment or use (not the size of the structure):
1. General Retail, Small: An establishment with no more than 25,000 square feet of gross floor area.
2. General Retail, Medium: An establishment of more than 25,000 square feet of gross Floor area and no more than 50,000 square feet of gross floor area.
3. General Retail, Large: An establishment of more than 50,000 square feet of gross floor area. See also Large Retail Facility.Geothermal Energy Generation: The use of land area for equipment for the conversion of natural geothermal energy into energy. Backup generators and battery storage are incidental to this use. See also Electric Utility, Major Utility, Solar Energy Generation, and Wind Energy Generation.Glare: The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to causing annoyance, discomfort, or loss of visual performance.Golf Course: A tract of land laid out with a course for playing the game of golf, including any accessory clubhouse, driving range, office, restaurant, concession stand, picnic tables, pro shop, maintenance building, shelters, restroom facility, or similar accessory use or structure. The facility may also include public trails private trails, and golf cart paths.Grade: 1. The average of the ground levels immediately adjacent to each faade of a building, considered separately.
2. Where an earth embankment is placed against the side of a building or a retaining wall supporting a terrace is placed close to a building, grade shall be measured from the toe, or bottom, of the embankment or retaining wall; the finished floor of the building is not to be considered.Grocery Store: An establishment that sells a wide variety of goods organized in departments, including but not limited to fresh produce, meat and dairy, canned and packaged food items, small household goods, and similar items, with more than 50 percent of the gross floor area devoted to the sale of food products for home preparation and consumption. See also General Retail.Gross Floor Area: The total floor area, including basements, garages, mezzanines, and upper floors, if any, expressed in square feet measured from the outside surface of exterior walls.Ground Floor Clear Height: The vertical distance of the interior of a ground floor, measured from the slab or top of the sub-floor to the ceiling or the bottom of the exposed support structure for the second floor. This may also be referred to as floor-to-ceiling height.Ground Floor Commercial Bonus: At least 50 percent of the ground floor street-facing faade must be uses in the Commercial Uses category per Table 4-2-1.Group Home: A facility that is designed to provide a residence and services for persons who need personal assistance, personal services, personal care, and/or protective care but do not meet the definition of a handicapped person or another person protected against housing discrimination under the federal Fair Housing Act Amendments of 1988 (as amended) and court decisions interpreting that Act. This use does not include 24-hour skilled nursing care, which is regulated as either hospital or nursing home for the purposes of this IDO. This use includes other services as incidental activites if they comply with all local and state licensing requirements, including any required license by the New Mexico Department of Health. This use includes facilities for persons in the criminal justice system or residential facilities to divert persons from the criminal justice system. This use includes facilites for persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program.Group Home is divided into 3 categories based on the number of individuals residing in the facility (not the size of the structure).
1. Group Home, Small: A facility housing no more than 8 unrelated individuals receiving services, plus those providing services.
2. Group Home, Medium: A facility housing between 9 and 18 unrelated individuals receiving services, plus those providing services.
3. Group Home, Large: A facility housing 19 or more unrelated individuals receiving services, plus those providing services.Health Club or Gym: A non-medical service establishment intended to maintain or improve the physical condition of persons that contains exercise and game equipment and facilities, steam baths and saunas, or similar equipment and facilities.HEART: Humane and Ethical Animal Rules and TreatmentHeavy Manufacturing: The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment or that ordinarily have significant impacts on the use and enjoyment of other properties in terms of noise, smoke, fumes, odors, glare, or health or safety hazards. Loading and unloading from rail spurs and wholesaling of products manufactured at the facility are incidental to this use. This use does not include any activity that meets the definition of special manufacturing. See also Clean Room, Special Manufacturing, and Cannabis Definitions for Cannabis-derived Products Manufacturing and Cannabis Cultivation.Heavy Vehicle: A vehicle with a gross vehicle weight rating of 10,000 pounds or greater, including but not limited to tractors, semi-trucks and/or trailers, buses, harvesters, loaders, and all tracked vehicles. Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair: A facility that is engaged in the sales, fueling, rental, and/or vehicle repair of heavy vehicles and equipment typically used in agricultural, transit, commercial, or industrial operations. This use does not include any vehicle that meets a definition for a distinct vehicle in this IDO, including but not limited to Recreational Vehicle. Sales of parts, whether new or used, for heavy vehicles and equipment, and incidental storage of heavy vehicles related to sales, rental, fueling, repair, service, and maintenance are included in this use. See also Vehicle Definitions for Heavy Vehicle.Helipad: An area of land or structural surface created for and used for the landing and takeoff of helicopters or similar vertical lift aircraft, including but not limited to medical and law-enforcement helipads.Hemp: As defined by 20-10-2-7 NMSA 1978. For the purposes of this IDO, hemp is not regulated as cannabis. See also Cannabis.HID: High-intensity DischargeHistoric Sign: A sign that is 50 years old or greater or listed or determined to be eligible for listing in the New Mexico Register of Cultural Properties either individually or as a contributing part of a property or a sign that contributes to the historic character of a designated City landmark.Home Occupation: An activity that is carried on for commercial or philanthropic purposes on the same lot as a dwelling unit where the operator of the home occupation resides and that is clearly secondary to that dwelling. See also Dwelling, Live-work.Hospital: A facility designed to provide medical and health-related care for individuals. Such facilities may provide diagnosis and treatment, both surgical and nonsurgical, for patients who have any of a variety of medical conditions through an organized medical staff and permanent facilities that include inpatient beds, medical services, and continuous skilled nursing care. This use includes any facility licensed by the State as a general, limited, or special hospital.Hotel or Motel: An establishment that provides guest rooms for temporary sleeping accommodations within completely enclosed portions of a building for rental at market rates. This use does not include Bed and Breakfast establishments, which are regulated separately for the purposes of this IDO.HPO: Historic Preservation Overlay (zone)HUD: U.S. Department of Housing & Urban DevelopmentIES: IlluminatingEngineeringSocietyIIA: Infrastructure Improvements Agreements
An agreement entered into between the City and a subdivider by which the subdivider agrees to assure construction of required infrastructure improvements.Illuminance: A measurement for the amount of light falling onto a surface, commonly measured in the horizontal and/or vertical planes in foot candles (Fc) or lux.Illuminated Sign: Any sign that is directly lighted by any on-premises electrical light source, internal or external, except light sources specifically and clearly operated for the purposes of lighting the general area in which the sign is located rather than upon the sign itself, including but not limited to luminous tubing signs such as neon signs. All electronic signs are illuminated signs.Independent Living Facility: Multi-family residential development accessory to either an assisted living facility or nursing home as part of a continuing care community that allows residents to transfer to higher levels of care as needed. Independent living units may be designed and constructed as part of a central building containing multifamily dwelling units along with other levels of care or as attached or detached units similar to lowdensity residential development. Such facilities may include a central or private kitchen, dining, recreational, and other residential accessory uses. See also Assisted Living Facility; Development, Multifamily; Nursing Home; and Other Use Accessory to Residential Primary Use.Indian Nations, Tribes, or Pueblos: For the purposes of this IDO, the designated chief executives (or their designees) of a federally recognized Indian Nation, Tribe, or Pueblo located wholly or partially in New Mexico. The Tribal Liaison with the Citys Office of Native American Affairs shall maintain an updated list of the names and contact information.Industrial Development: Properties with uses in the Industrial Uses category in Table 4-2-1 unless specified otherwise in this IDO, including but not limited to provisions related to Edge Buffer Landscaping.Infill Development: Development or redevelopment on a property within the 1960 City limits or, outside that boundary, development or redevelopment on no more than 20 acres of land, that has a public water main and a public sewer main fronting the property within the City right-of-way, and where at least 75 percent of the adjacent lots are developed and contain existing primary buildings.Infrastructure: Streets, sidewalks, public or private utility facilities, sanitary sewer and water system facilities, drainage and flood control facilities, street lighting, and other improvements used by the public or used in common by owners of lots within a subdivision. Includes both private (owned by a non-governmental entity) and public (owned by a governmental entity) improvements.Interior Side Yard: The part of a lot from an interior side lot line to the side faade of the primary building. See also Lot Definitions.Interstate Highway: An access-controlled street that is part of the National Highway System. For the purposes of this IDO, this term includes all public right-of-way owned or controlled by NMDOT along Interstate Highway 25 and Interstate Highway 40 associated with the interstate highway, including but not limited to through lanes, frontage roads, on- and off-ramps, and interchanges. See also Through Lane.Irrigation Facility: The system of water facilities within the MRGCD, including acequias, ditches, laterals, canals, interior drains, riverside drains, and wasteways, which convey water to irrigators or return unused irrigation water to the Rio Grande. Some facilities may also convey stormwater. The irrigation facility includes the canal that conveys the water, the maintenance road(s) along the bank top, and the sloped banks that tie back to the surrounding land. These facilities may or may not have a formal easement. See also Acequia.Joint Sign Premises: Two (2) or more abutting premises, each with less than 100 feet of street frontage that are treated as 1 premises through an agreement between their respective owners and the City in order to qualify for a freestanding sign that would not be allowed on the individual premises.Kennel: A premises on which 5 or more dogs or cats or combinations of dogs and cats over 3 months of age are kept, maintained, or boarded.Kitchen: An area of a dwelling where there is a sink of adequate size and shape for washing dishes and food items (as opposed to washing hands) and a cooking stove, range, or oven. The presence of a sink and a hot plate or microwave does not constitute a kitchen, unless specified otherwise in this IDO.kV: KilovoltLandmark: Any real property designated as a landmark structure or site pursuant to Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).Landmarks Commission: The City Landmarks Commission as created by Section 14-16-6-2(H) (Landmarks Commission) to review and recommend decisions about potential historic zones or landmarks.Landscape Area: The area, optional or required, that is landscaped with living vegetative materials, such as trees, grasses, vines, spreading shrubs, or flowers. In addition, the landscape area may include natural and manufactured materials, including but not limited to rocks, fountains, reflecting pools, works of art, screens, walls, fences, benches, and other types of street furniture.Landscape Buffer: A required piece of land in a specific location used to physically separate or screen one land use or piece of property from another and landscaped with at least the minimum requirements specified in this IDO.Landscaping: The planting and maintenance of live plants including trees, shrubs, ground cover, flowers, or other low-growing plants that are native or adaptable to the climatic conditions of the Albuquerque area. Includes the provision of non-vegetative materials as ornamental features to make an area more attractive. See also Landscape Area and Measurement Definitions for Net Lot Area.Large Retail Facility: A single-tenant building with at least 50,000 square feet of gross floor area for the purposes of retailing. A collection of establishments, each less than 50,000 square feet, linked by common walls is not considered a large retail facility. See also General Retail.Large Stand of Mature Trees: At least 3 trees with trunks at least 8 inches in diameter at breast height (DBH), as measured by the City Forester, on a subject property.LC: Landmarks Commission (LC)
The City Landmarks Commission as created by Section 14-16-6-2(H) (Landmarks Commission) to review and recommend decisions about potential historic zones or landmarks.LED: Light Emitting DiodeLibrary: A public facility for the use and loan, but not sale, of literary, musical, artistic, or reference materials.Lien: A statutory lien against land for the estimated cost of construction of required infrastructure or improvements by the applicant, Developer, or Subdivider, which is recorded and enforced in accordance with Article 3-36 NMSA 1978 or such other method prescribed by law.Light Fixture: An assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.Light Manufacturing: The assembly, fabrication, or processing of goods and materials, including machine shop and growing food or plants in fully enclosed portions of a building, using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing takes place, where such processes are housed primarily within the fully enclosed portions of a building. Loading and unloading from rail spurs and wholesaling of products manufactured at the facility are incidental to this use. This use does not include any use that meets the definition of Heavy Manufacturing or Special Manufacturing. See also Clean Room and Cannabis Definitions for Cannabis-derived Products Manufacturing and Cannabis Cultivation.Light Source: The element of a lighting fixture that is the point of origin of the lumens emitted by the fixture.Light Spillover: The shining of light produced by a light fixture beyond the boundaries of the property on which it is located.Light Trespass: Light traveling past property lines and illuminating properties without approval.Light Vehicle: A vehicle that has a gross vehicle weight rating of less than 10,000 pounds, including but not limited to automobiles, light trucks, sport utility vehicles, vans, boats, recreational vehicles, trailers, motorcycles, mopeds, scooters, and ATVs.Light Vehicle Fueling Station: An establishment primarily engaged in the retail dispensing or sale of light vehicle fuels, including but not limited to gasoline, gas/oil mixtures, diesel fuel, compressed natural gas, electricity, and hydrogen through fixed, approved dispensing equipment. Incidental activities include, but are not limited to car washes; vehicle service and maintenance; and the sale of convenience items, food, beverages, household necessities, lubricants, and batteries. This use does not include any facility meeting the definition of light vehicle repair (except those incidental services listed above), light vehicle sales and rental, outdoor vehicle storage, or any use in the Retail Sales sub-category in Table 4-2-1 except incidental retail sales listed above. See also Liquor Retail, Outdoor Vehicle Storage, and Vehicle Definitions for Light Vehicle Repair, Light Vehicle Sales and Rental, Light Vehicle, Vehicle Repair, and Vehicle Service and Maintenance.Light Vehicle Repair: Any facility providing vehicle repair and vehicle service and maintenance of light vehicles. See also Vehicle Definitions for Light Vehicle, Vehicle Repair, and Vehicle Service and Maintenance.Light Vehicle Sales and Rental: An establishment primarily engaged in the retail sale and/or rental of new and used light vehicles, including incidental outdoor display, storage, and vehicle service and maintenance. This use includes the retail sale/rental of modular and manufactured homes, motor homes. This use does not include outdoor vehicle storage as a primary use. See also Vehicle Definitions for Light Vehicle and Vehicle Service and Maintenance.Lighting Designations: Lighting designations align with the ANSI/IES lighting zone definitions, which serve as the basis for ANSI/IES lighting standards. For the purposes of this IDO, the lighting zones are summarized below.
Natural Dark Zone (NDZ) Natural areas where no anthropogenic lighting is allowed at night.
Light Zone 0 (Lz0) Predominantly dark areas with limited built environment. Responsible lighting techniques offer some environmental protection.
Light Zone 1 (Lz1) Developed areas with quiet and dark character, commonly used for residential and lower-volume areas.
Light Zone 2 (Lz2) Developed areas for commerce and recreation with moderate volume. Lighting and minimal signage inform people.
Light Zone 3 (Lz3) Commercial signage and lighting are continuous as they compete to attract and entertain people.Liquor Retail: A retail sales establishment licensed by the State selling packaged alcoholic liquors (including beer, wine, and spirituous liquors) for consumption off-site. Establishments that operate under a Small Brewer's, Winegrower's, or Craft Distiller's license are not considered Liquor Retail. See also General Retail and Tap Room or Tasting Room.LM: LumenLoading Area: An area where merchandise and/or supplies are delivered and unloaded or where customers can receive goods for transport off the site.Local Street: A street designated in the DPM that is primarily used to access abutting properties. A local street may be designated as an access local, normal local, or major local street and carries low traffic volumes. See the DPM.Lot: A tract or parcel of land, exclusive of public right-of-way, that meets any of the following criteria:
1. Has been platted and placed on the Bernalillo County Clerk's record in accordance with laws and ordinances applicable at the time.
2. Is described by metes and bounds held in separate ownership prior to June 20, 1950 or October 2, 1950, as shown on the records of the Bernalillo County Assessor.
3. Is a portion of one or more platted lots, which portion was placed on the records of the Bernalillo County Assessor prior to November 16, 1973, provided that such portion met all requirements of area and dimension of the zone in which it was located when created.
4. Has been placed in the records of the Bernalillo County Assessor pursuant to the laws of the State of New Mexico related to situations not covered by the applicable subdivision regulations in effect at that time.Lot Line: A boundary of a deeded lot (i.e. a lot recorded and mapped by the Bernalillo County Assessor) or platted lot (i.e. a lot recorded by the Bernalillo County Clerk and mapped by AGIS).Lot Width: The length of a straight line between the mid-points of each of the side lot lines. See Lot Definitions for Side Lot Line.Low-density Residential Development: Properties with residential development of any allowable land use in the Household Living category in Table 4-2-1 other than multi-family dwellings. Properties with small community residential facilities are also considered low-density residential development. Properties that include other uses accessory to residential primary uses are still considered low-density residential development for the purposes of this IDO. See also Dwelling Definitions for Dwelling, Cluster Development; Dwelling, Cottage Development; Dwelling, Live-work; Dwelling, Single-family Detached; Dwelling, Townhouse; and Dwelling, Two-family Detached (Duplex); Manufactured Home, and Other Uses Accessory to Residential Primary Uses.LRV: Light Reflective ValueLUHO: Land Use Hearing Officer (LUHO)
The individual(s) appointed and designated by the City Council as described in Section 14-16-6-2(I) (Land Use Hearing Officer) to review and recommend decisions on appeals to the City Council.Lumen: A unit of measure to rate the quantity of light provided by a light source.Luminaire: The complete electrical light unit, including the light source, housing, optics, and driver.Luminance: The light source or surface brightness as it is perceived by the human eye, measured in candela per meter squared (cd/m2).Lux: A unit used to measure illuminance. One (1) lux is equal to 1 lumen per square meter (lm/m2).Main Street Area: Lots within 660 feet in any direction of the centerline of a Main Street Corridor as designated by the ABC Comp Plan, as amended.Main Street Corridor: A Corridor designation from the ABC Comp Plan. See also Measurement Definitions for Corridor Area.Major Arroyo: An arroyo designated by the Rank 2 Facility Plan for Arroyos as a Major Open Space Arroyo or Major Open Space Link. See also Sensitive Lands Definitions for Arroyo.Major Public Infrastructure: Although ultimately determined on a case-by-case basis, major public infrastructure generally includes construction or significant redesign of a street, drainage, or utility facility or similar public infrastructure that is necessary for the subject property, and often nearby properties, to develop.Major Public Open Space: City-owned or managed property that is zoned NR-PO-B or City-managed property that is zoned NR-PO-C, including the Rio Grande State Park (i.e. the Bosque), Petroglyph National Monument, and Sandia foothills. These are typically greater than 5 acres and may include natural and cultural resources, preserves, low-impact recreational facilities, dedicated lands, arroyos, or trail corridors. The Rank 2 Major Public Open Space Facility Plan guides the management of these areas. For the purposes of this IDO, Major Public Open Space located outside the city municipal boundary that is mapped as Open Space in the ABC Comp Plan still triggers Major Public Open Space Edge requirements for properties within the city adjacent to or within the specified distance of Major Public Open Space.Major Subdivision: Any subdivision not classified as minor.Major Transit Area: Lots within 660 feet in any direction of the centerline of a Major Transit Corridor as designated by the ABC Comp Plan, as amended.Major Transit Corridor: A Corridor designation from the ABC Comp Plan. See also Measurement Definitions for Corridor Area.Major Utility: A facility sized or designed to serve the entire city, or a wide area of the city, and regulated as a public utility or common carrier by the State or other relevant jurisdiction or agency, including but not limited to major telephone facilities, natural gas facilities, water treatment plants, sewage treatment plants, and similar public services, but not including mass transit or railroad depots or terminals or any similar traffic generating activity, any facility that provides wireless telecommunications services to the public, or any use listed separately in Table 4-2-1. See also Drainage Facility, Electric Utility, and Major Public Infrastructure.Manufactured Home: A structure transportable in one or more sections that is built on a permanent chassis, is designed for use with or without a permanent foundation when connected to the required utilities, and meets the construction safety standards of the federal Manufactured Housing Act of 1974. Similar structures that do not meet the construction safety standards of that Act are referred to as mobile homes and are not allowed to be installed in the city. For the purposes of this IDO, manufactured homes are considered single-family detached dwellings. See also Dwelling Definitions for Dwelling, Mobile Home and Dwelling, Single-family Detached.Marquee Sign: A type of projecting sign mounted on a continuous structural band that forms the more or less vertical edge of the marquee structure.Massage Business: Any business offering massage therapy services pursuant to the State Therapy Practice Act, 61-12C-1 to 61-12C-25 N.M.S.A. 1978. For the purposes of this IDO, massage businesses are treated as personal and business services use. See also Personal and Business Services.Massing: The overall composition of the exterior of the major volumes of a building and their relationship to each other in a sequence in the overall design of the building or structure.Master Development Plan: A plan created by an applicant and approved by the City to achieve a coordinated private development, such as a business or industrial park, on larger sites that comprise more than one lot and building. A Master Development Plan may include standards that implement a cohesive design on the site.Master Plan: A Rank 3 Plan developed and approved by an implementing City department to guide the development, maintenance, and operation of individual public resources or facilities. For the purposes of the State Constitution, the Master Plan is a duly adopted plan or any of its parts for the development of an area within the planning and platting jurisdiction of a municipality for the general purpose of guiding and accomplishing coordinated, adjusted, and harmonious development. In the case of the City and Bernalillo County, this Master Plan is the ABC Comp Plan.Maximum Extent Practicable: No feasible or prudent alternative exists, as determined by the relevant decision-making body, after the applicant has taken all possible steps to comply with the standards or regulations and to minimize potential harmful or adverse impacts. Constraints to compliance that are self-imposed, such as through a particular platting proposal when other options are feasible, shall not be considered sufficient justification. Economic considerations may be taken into account but shall not be the overriding factor.Medical or Dental Clinic: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of licensed health care practitioners, dentists, or licensed health care practitioners and dentists in practice together.Metropolitan Redevelopment Area: An area that has been designated for targeted initiatives, incentives, or public and/or private investment in order to promote the repurposing or expansion of existing structures to accommodate new economic uses, or to promote the demolition, remediation, and/or redevelopment of sites to accommodate new economic uses.Minor Subdivision: Any subdivision that meets the eligibility requirements for a Subdivision of Land Minor pursuant to Subsection 14-16-6-6(K).Mixed-use Development: Properties with residential development and non-residential development on a single lot or premises. For the purposes of this IDO, mixed-use development can take place in the same building (i.e. vertical mixed-use) or separate buildings on the same lot or premises (i.e. horizontal mixed-use).Mixed-use Zone District: Any zone district categorized as Mixed-use in Part 14-16-2 of this IDO.Mobile Food Truck: Any wagon, truck, trailer, or other vehicle that is propelled by an engine or motor vehicle and from which any person sells, offers for sale, or gives away food or beverages. Other sales or services may be allowed as specified elsewhere in this IDO. For the purposes of this IDO, mobile food trucks are regulated as a mobile food truck use where accessory on a premises with any other primary use, regardless of the use, area, or purpose of that other primary use, but as a mobile food truck court where mobile food trucks are the only primary use on a premises. See also Mobile Food Truck Court.Mobile Food Truck Court: Any number of mobile food trucks as the only primary use on a premises. See also Mobile Food Truck.Mobile Vending Cart: A vehicle without motive power that has functional wheels and at least one axle and is used for the sale of goods, including but not limited to food, beverages, raw produce, flowers, arts, and crafts.Model Home: A dwelling or dwelling unit representative of other dwellings or units offered for sale or lease or to be built in an area of residential development. A model home may be used as a residential real estate sales office for the development in which it is located before occupancy by a household.Monument Sign: A type of freestanding sign with a maximum of 2 sign faces that is integrated into a solid structure beginning at the ground and including a base and/or up to 2 masonry or concealed supports. The total width of the support(s) at the bottom of the sign shall be no less than 25 percent of the width at the top of the sign. See also Freestanding Sign.Mortuary: An establishment in which the dead are prepared for burial or cremation, the body may be viewed, and funeral services are sometimes held.Mounting Height: The vertical distance between the finished grade and the center of the apparent light source of the luminaire.MRCOG: Mid-region Council of GovernmentsMRGCD: Middle Rio Grande Conservancy DistrictMulti-family Residential Development: Residential development of multi-family dwellings or uses from the Group Living category (except small community residential facilities) in zone districts as allowed per Table 4-2-1. Properties that include both multi-family dwellings and low-density residential development are considered multi-family residential development for the purposes of this IDO. Properties with other uses accessory to residential primary uses allowed per Table 4-2-1 are still considered multi-family residential development for the purposes of this IDO. See also Other Uses Accessory to Residential Primary Uses.Multi-use Trail: A paved path physically separated from motorized vehicle traffic by an open space or barrier and constructed within the public right-of-way, private way, or an easement, including but not limited to utility and drainage easements that permit more than one type of non-motorized use. See also Bikeway and Public Right-of-way.Museum: A facility open to the public, with or without charge, for the collection and display of paintings, sculpture, textiles, antiquities, other works of art, or similar items. See also Art Gallery.MW: MegawattNatural Dark Zone (NDZ): Natural areas where no anthropogenic lighting is allowed at night.Natural Grade: The average ground level based on the site contours of land that has never been issued a grading permit, prior to any grading or addition or removal of earth. See also Finished Grade and Measurement Definitions for Grade.Natural Resource Extraction: The extraction and/or refining of dirt, minerals, sand, gravel, and ores, from their natural occurrences on affected land and transportation of extracted materials to locations off-site. Loading and unloading from rail spurs is incidental to this use.Neighborhood Association: When used in this IDO, this term refers to Recognized Neighborhood Associations and Recognized Neighborhood Coalitions, as defined by of Part 14-8-2 of ROA 1994 (Neighborhood Association Recognition Ordinance).Neighborhood Edge: Any distance required by a standard in Section 14-16-5-9 (Neighborhood Edges) is measured from the nearest point on the nearest lot line of the Protected Lot to the nearest point on the Regulated lot that contains the feature being regulated.Neon Sign: A sign that uses neon, argon, or a similar gas to fill tubing, made of glass or similar material, that is charged with electricity and used to create an illuminated tubular sign or illuminated elements of a sign that includes, at a minimum lettering and/or images. The tubing may contain an alternative illumination technology, including but not limited to light-emitting diodes (LEDs). Any non-gaseous illumination technology, such as LEDs, must produce illumination that appears to be a continuous, uninterrupted line, similar to illumination produced by gaseous illumination technology.Net Lot Area: For purposes of calculating landscaping requirements, the total area of the lot minus the following:
1. The area of the lot covered by buildings.
2. The portions of the lot that are not required for off-street parking or a parking lot and that are fully screened from view from any abutting property or public right-of-way by an opaque wall or fence at least 6 feet high, in which no landscape will be required except required buffer landscaping; chain link fence with slats does not constitute acceptable full screening.
3. The area of any approved landscape that the property owner installs and maintains in the abutting public right-of-way, exclusive of the area of any existing or planned public sidewalk.Nicotine Retail: Any establishment licensed by the State to sell any tobacco product or electronic nicotine delivery system as defined in Sections 61-37-1 to 61-37-25 NMSA 1978 (Tobacco Products Act), or nicotine paraphernalia, including but not limited to, cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, electronic cigarette cartridges, electronic cigarette liquids, and any other items designed for the preparation, storing, consumption, or use of tobacco products or electronic smoking devices. This use does not include the sale of cannabis. See also General Retail and Cannabis Definitions for Cannabis Retail.Nightclub: An establishment dispensing liquor in which music, dancing, or entertainment is provided, but not including any adult entertainment use. See also Adult Entertainment.NMAC: New Mexico Administrative CodeNMSA: New Mexico Statutes AnnotatedNon-commercial or Broadcasting Antenna: An antenna that transmits and/or receives signals or waves radiated or captured for non-commercial or broadcasting purposes, including amateur radio station operation/receive-only antenna if owned and operated by a federally licensed amateur radio station operator or used exclusively for a receive-only antenna, WTFs used exclusively for emergency services, any antenna used for AM, FM, or TV broadcasting, or any other facility exempted from local regulation under the federal Telecommunications Act of 1996, as amended and interpreted by the courts and related regulations of the Federal Communications Commission. See also Wireless Telecommunications Facility Definitions for Wireless Telecommunications Facility.Nonconforming Lot: A lot that was lawfully created but does not conform to the lot size, lot dimension, or other requirements of this IDO related to the lot.Nonconforming Structure: A structure that does not conform to the IDO requirements for structures in the zone district where it is located, for reasons other than the use of the structure, but that did not violate those requirements at the time the structure was constructed. By way of example: a nonconforming structure could be one that violates height, setback, aesthetic, or form requirements.Nonconforming Use: A use of a structure or land that does not conform to the IDO requirements for land uses in the zone district where it is located, but that was an approved use at the time the use began.Nonconformity: A structure, use, lot, sign, or site feature that does not conform to applicable zoning but that did conform to applicable zoning in effect at the time it was built or developed.Non-residential Development: Development of allowable land uses on a property that includes no residential development.Non-residential Use: Any primary use in Table 4-2-1 not listed in the Residential Uses category. See also Residential Use.Non-residential Zone District: Any zone district categorized as Non-residential in Part 14-16-2 of this IDO.Nursery: A primary use of land in which the predominant activity is the growing of plants for wholesale or retail sales, which may take place outside or in greenhouses. Outdoor sales of plants are allowed.Nursing Home: A facility designed to provide a residence, meals, and medical- and health-related care for individuals, including 24-hour skilled nursing care. This definition includes facilities providing in-patient care for individuals suffering from a terminal illness. Such facilities may include commercial kitchens with shared dining facilities for residents; medical services with personnel that provide assistance with medication, administration, dressing, bathing, and social activities; activity rooms; indoor recreational amenities; gift shops; hair salons; administrative offices; laundry services; worship space; and overnight guest units for short-term visitors. See also Assisted Living Facility, Independent Living Facility, and Other Use Accessory to Residential Primary Use.Office: Establishments providing executive, management, administrative, professional services, consulting, record keeping, or a headquarters of an enterprise or organization, but not including the on-premises sale of retail goods, or any use included in the definition of personal or business services. See also Business and Establishment.Off-premises Sign: A sign, the content of which does not refer to an establishment operating on the premises where the sign is displayed.Off-street Parking Space: Off-street Parking Space A storage area for the parking of one motor vehicle that is located on a lot, unless specified otherwise in this IDO. See the DPM for dimensional standards. See also On-street Parking Space.Oil Activation: The heating of dried cannabis or cannabis extract above 200 degrees Fahrenheit during the manufacturing of cannabis products.ONC: Office of Neighborhood CoordinationOn-premises Sign: A sign, the content of which relates to the premises on which it is located, referring exclusively to the name, location, products, persons, accommodations, services, or activities of or on those premises, or the sale, lease, or construction of those premises.On-site Cannabis Consumption: The activity of smoking, vaporizing, and/or ingesting of cannabis or cannabis products in a cannabis consumption area licensed by the State that is in a fully enclosed portion of a building. On-site cannabis consumption is considered an incidental activity of cannabis retail. See Cannabis Retail.On-street Parking Space: An on-street storage area for the parking of one motor vehicle. For the purposes of this IDO, an on-street parking space abutting a lot may be counted as 1 off-street parking space for that lot if over the length of the space is located between the imaginary extensions of the side lot lines into the street. See the DPM for dimensional standards. See also Parking Space.Opaque Wall or Fence: A continuous non-transparent vertical surface used as part of a perimeter or courtyard wall or fence. A fence with inserts or non-rigid or cloth-like materials attached to the fence does not constitute an opaque wall or fence.Open Air Market: Open air sales of new retail goods, produce, and/or handcrafts; incidental sales of food and beverages is allowed. See also Farmers Market and Seasonal Outdoor Sales.Open Space: In lowercase letters, a generic term for any outdoor space or amenity intended to retain access to open air and sunlight, regardless of location, ownership, or management responsibility. Open space is required through various means in order to provide a psychological and physical respite from development densities. Open space is intended to create healthy places that balance density vs. openness and urban vs. natural environments. For City-owned open space, see Open Space Definitions for Major Public Open Space.Operating Hours: The hours during which employees are scheduled to be working in an establishment, which may extend beyond the business hours of the establishment. See also Business Hours.Other Indoor Entertainment: A facility providing entertainment or recreation activities where all activities take place within enclosed structures, but not including a theater, auditorium, or any other use listed separately in Table 4-2-1. Examples include, but are not limited to, baseball batting cages, bowling alleys, climbing walls, game arcades, laser tag centers, miniature golf courses, paintball, skating rinks, shooting ranges, swimming pools, tennis clubs, trampoline centers, and velodromes.Other Outdoor Entertainment: An outdoor facility whose main purpose is to provide entertainment or recreation, with or without charge, but not including auto or horse race tracks, drive-in theaters, or any similar outoor use not listed separately in Table 4-2-1. Examples include, but are not limited to, amusement parks, batting cages, go-cart tracks, golf courses and driving ranges, miniature golf, skateboard parks, skating rinks, sports courts, swimming pools, target sport ranges, and water parks.Other Pet Services: A facility providing care and services for household pets, such as animal grooming, training, or day care but which is not listed separately in Table 4-2-1.Other Use Accessory to a Non-residential Primary Use: A land use that is subordinate in use, area, or purpose to a primary non-residential land use on the same lot, serving a purpose naturally and normally incidental to such primary land use, and that is not listed separately in Table 4-2-1. Examples include, but are not limited to, an employee exercise room,employee caf/cafeteria, outdoor exercise area/track, employee nursery/child care, small display/sales room for goods produced on the premises, and storage of maintenance equipment used on the premises (e.g. lawn mowers).Other Use Accessory to a Residential Primary Use: A land use that is subordinate in use, area, or purpose to a primary residential land use on the same lot and serving a purpose naturally and normally incidental to such primary land use and that is not listed separately in Table 4-2-1. For residential uses other than multi-family dwellings, this use includes, but is not limited to, tennis courts, game rooms, patios, outdoor kitchens, swimming pools, and accessory buildings for storage, recreation, hobbies, and gardening for the use of the residents living in the dwellings on the same lot as this use. For multi-family residential development, this use includes, but is not limited to, sales of convenience items, personal service shop, rental/management office, concierge/doorman services, and similar activities provided for residents of the multi-family or group living uses. See also Residential Community Amenity.Outdoor Animal Run: An area for the temporary outdoor containment of animals associated with a kennel, veterinary clinic, animal breeding facility, or other commercial activity. For the purposes of this IDO, this use does not include an outdoor animal run for personal pets.Outdoor Dining Area: A covered or uncovered seating area where patrons of an establishment are served food and/or beverages to be consumed on-premises.Outdoor Display: The display of retail goods outside but on the same property as the primary establishment. For the purposes of light vehicle sales and rental, outdoor inventory is considered to be outdoor display and not outdoor vehicle storage.Outdoor Lighting Curfew: For the purposes of this IDO, the time between 10 P.M. and 7 A.M. when outdoor lighting and interior light escaping through windows must be reduced by at least 50 percent of the normal illuminance. For establishments with business hours later than 10 P.M., outdoor lighting curfew begins one hour after closing. For establishments with business hours earlier than 7 A.M., outdoor lighting curfew ends one hour before opening.Outdoor Storage: The keeping of any goods, material, or merchandise outside of a building in the same place for more than 24 hours, but not including any storage activity or use of land listed separately in Table 4-2-1. See also Building and Home Improvement Materials Store, Contractors Facility and Yard, and Salvage Yard.Outdoor Vehicle Storage: The keeping of motor vehicles or equipment not used for transportation purposes on an active, regular, or continuing basis outside of a building, generally for a period of 7 calendar days or more, whether or not the motor vehicle is titled, licensed, or operable, either as a primary use or accessory use, but not including a salvage yard. See also Salvage Yard and Vehicle Definitions for Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair; Light Vehicle Repair; and Light Vehicle Sales and Rental.Overlay Zone: Regulations that prevail over other IDO regulations to ensure protection for designated areas. Overlay zones include Airport Protection Overlay (APO), Character Protection Overlay (CPO), Historic Protection Overlay (HPO), and View Protection Overlay (VPO). Character Protection and View Protection Overlay zones adopted after May 18, 2018 shall be no less than 10 acres, shall include no fewer than 50 lots, and shall include properties owned by no fewer than 25 property owners. There is no minimum size for Airport Protections Overlay or Historic Protection Overlay zones. See also Small Area.Overnight Shelter: A facility that provides temporary or transitional sleeping accommodations for 6 or more persons within completely enclosed portions of a building with no charge or a charge substantially less than market rates. Such facilities may provide meals, personal assistance, personal services, social services, personal care and protective care. This use does not include 24-hour skilled nursing care, which is regulated as either hospital or nursing home for the purposes of this IDO. See also Campground or Recreational Vehicle Park, Hotel or Motel, Nursing Home, and Safe Outdoor Space.Paid Parking Lot: An area used to provide parking, as a commercial enterprise, for 4 or more motor vehicles for a fee. The term does not include a commercial parking structure that is a building primarily used for the provision of parking for a fee. See the DPM for dimensional standards. See also Parking Lot and Measurement Definitions for Parking Lot Area.Park: Publicly or privately owned land that is maintained for active or passive recreational use and for the use and enjoyment of the general public or the residents or occupants of a development. This use includes areas consisting of vegetative landscaping and/or areas improved for outdoor sports and recreation. Structural improvements are generally limited to those that facilitate the use of the land as a park. Incidental activities and structures include, but are not limited to, playgrounds, maintenance facilities, swimming pools, restrooms and dressing rooms, concessions, caretakers quarters, and parking.Park-and-ride Facility, Temporary: The temporary provisions of parking for transit customers using service provided by the municipal transit agency in conjunction with a temporary civic use, including but not limited to the New Mexico State Fair and the International Balloon Fiesta. The use may include a ticket booth, portable restrooms, lighting, concession stand, and barriers contributing to traffic management.Park-and-ride Lot: An area or structure intended to accommodate parked motor vehicles where commuters park and continue travel to another destination via public transit, carpool, vanpool, walking, or bicycle. This use may be operated in a parking area owned or operated by a third party with the consent of that party, but spaces dedicated to this use may not be counted toward required off-street parking spaces for any primary or accessory use operated by the third party.Parking Lot: Any off-street outdoor area for the parking of motor vehicles, including any spaces and drive aisles necessary for the function of the parking lot or for the convenience of patrons. See also Paid Parking Lot and Measurement Definitions for Parking Lot Area.Parking Lot Multiple Drive Aisles: A parking lot that may have more than 1 drive aisle.Parking Lot Single Drive Aisle: A parking lot with only 1 drive aisle, which may be one-way or two-way. The drive aisle may serve 1 or 2 rows of parking spaces.Parking Lot Area: The area of a parking lot that includes parking spaces and drive aisles. See the DPM for dimensional standards. See also Parking Definitions.Parking Space: An on- or off-street storage area for the parking of one motor vehicle. See the DPM for dimensional standards. See also Off-street Parking Space and On-street Parking Space.Parking Structure: A multi-story structure or part of a multi-story building designed to accommodate motor vehicle parking spaces that are partially or completely enclosed, including podium parking, but not including a parking structure that is located underground or within the outer building envelope of another building. Parking structures are typically associated with Mixed-use and Non-residential development. See also Garage and Development Definitions for Mixed-use Development and Non-residential Development.Parking Structure with Ground Floor Uses: A structure or part of a structure designed to accommodate motor vehicle parking spaces that incorporates retail, office, or residential uses along at least 50 percent of the ground floor street-facing faade.Paved, Pavement, or Paving: Paved per DPM standard for pavement or alternative pavement / paving. See definition and related standards in the DPM.Pavement Width: See definition and related standards in the DPM for pavement width, depth, materials, and design.Pawn Shop: Any establishment engaged in the business of lending money on the deposit or pledge of personal property; the purchase of personal property with the expressed or implied agreement or understanding to sell it back at a stipulated price; or engaged in the business of purchasing items of gold, silver, platinum or other precious metals or gems and reselling the product. See also General Retail.Peak Service Frequency: The transit route frequency during peak periods (7:00 A.M. to 9:00 A.M. and 3:00 P.M. to 6:00 P.M.), as calculated by the City Transit Department using published transit schedules and mapped by AGIS. This frequency is generally calculated for the most frequent route, or combination of paired routes that act as one route, that stops at the transit stop or station in question and is based on the average frequency of the route. See Transit Route Frequency.Pedestrian-oriented: Intended primarily to provide access, amenities, or space for services that benefit people walking. Includes but is not limited to sidewalks, pedestrian walkways, multi-use trails, transit stops, spaces for outdoor seating or vending, plazas, parks, and public facilities associated with Major Public Open Space.Pedestrian-scale Lighting: Lighting in pedestrian areas not to exceed 16 feet in height that allows people to see and be seen from a distance of 40 to 60 feet.Perimeter Wall: A wall constructed on a lot line, typically to define a property boundary, enclose a property, or provide privacy.Permissive Use: A land use that is allowed by-right in a particular zone district, either as a primary or accessory use. Permissive Primary uses are listed as P in Table 4-2-1. Permissive Accessory uses are listed as A in Table 4-2-1.Person: An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, or any other legal entity.Personal and Business Services: Establishments providing services to individuals or businesses, including but not limited to bail bond providers, beauty and barber shops, shoe repair, tailor/alterations shops, tattoo parlors, taxidermy services, electronic data processing, and employment service; mailing, addressing, stenographic services; and specialty business service such as travel bureau, news service, exporter, importer, interpreter, appraiser, and film library. This use is divided into 2 categories based on the size of the establishment (not the size of the structure):
1. Personal and Business Services, Small: An establishment with 10,000 square feet or less of gross floor area.
2. Personal an Business Services, Large: An establishment with more than 10,000 square feet of gross floor area.
See also Bail Bond Business and Massage Business.Planning Director: The chief administrative officer of the City Planning Department or his/her authorized representative or designee.Plat: A graphic and written description of a lot or lots with survey reference ties to permanent survey monuments related to the subdivision, resubdivision (sometimes called a replat), or consolidation ofland.PNM: Public Service Company of New Mexico (electric utility service)Point Light Source: The exact place where illumination is produced (e.g. a light bulb filament or LED package) even when behind a clear lens.Pole Sign: A type of freestanding sign attached to or supported from the ground by a single pole or post and not attached to a building. See also Freestanding Sign.Porch: A roofed structure that is not more than 50 percent enclosed (except for removable screens, screen doors, storm sashes, or awnings) on at least 2 sides, that projects from the exterior wall of a building, and that is used as an outdoor living area. To be considered a porch, and not just part of the building, the porch faade facing the street must not be more than 50 percent enclosed (except for removable screens, screen doors, storm sashes, wrought iron security fencing, or awnings). For the purposes of this IDO, any portion of a roofed structure that is not enclosed on at least 2 sides that is over a parking area or driveway is considered a carport. See also Building Frontage Types and Parking Definitions for Carport.Portable Sign: An A-frame or sandwich board sign. A portable sign shall rest on the ground and shall not be supported by a person or animal.Preliminary Plat: A tentative plat of a proposed subdivision prepared in accordance with the specifications of this IDO and the DPM for presentation to the DHO for action.Premises: Any lot or combination of abutting or adjacent lots held in single ownership, together with the development on that lot or lots; there may be multiple occupancy.Premium Transit Area: Lots within 660 feet in any direction of a transit station with transit service of 15 minute or greater frequency on a Premium Transit Corridor as designated by the ABC Comp Plan, as amended. Development standards associated with the Premium Transit designation apply once the station locations have been identified and funding for the transit service and any associated streetscape improvements has been secured.Premium Transit Corridor: A Corridor designation from the ABC Comp Plan. See also Measurement Definitions for Corridor Area.Primary Building: A building within which a primary use takes place. See also Building and Large Retail Facility.Primary Pedestrian Entrance: A public entrance to a primary building. If there is more than one, for the purposes of this IDO, the entrance demarcated by more faade articulation, signage, landscaping, site amenities, or other design treatments shall be considered the primary pedestrian entrance. If all entrances are thus demarcated, the applicant may choose which entrance shall be considered the primary pedestrian entrance to satisfy any relevant requirements in this IDO.Primary Use: A land use that is a primary use of a property and allowable within a particular zone district either permissively or conditionally. A primary use may be combined with other primary or accessory uses allowable within that zone district, subject to IDO standards.Private Way: A lot or easement that is not public right-of-way and that contains a street or alley providing access between a public right-of-way and one or more lots. The term may include easements for public and private infrastructure when such are established through a suitable legal document, along with the access rights. See also Public Right-of-way and Street.Project Site: A lot or collection of lots shown on a Subdivision Minor or Major or on a Site Plan. This term refers to the largest geography specified in the earliest request for decision on the first application related to a particular development. For example, if a large lot is subdivided and submitted for development in phases, any regulation referring to the project site would apply to the entirety of the land in the original lot included in the Subdivision application.Projecting Sign: A type of building-mounted sign, other than a wall sign or canopy sign, that projects from and is supported by a wall of a building.Property Line: A boundary formed by the exterior lot lines of all lots making up a premises or project site. See also Premises, Project Site, and Subject Property.Public Area: An area of land owned by or intended to be owned by a governmental entity or over which a governmental entity enjoys an easement, whether deeded, dedicated, or otherwise acquired, and that is generally, but not required, to be used to serve the public with some service or benefit, including public infrastructure.Public Hearing: A formal meeting open to the public in which a decision-making body makes a discretionary decision.Public Right-of-way: Land deeded, reserved or dedicated by plat, or otherwise acquired by any unit of government for the purposes of movement of vehicles, bicycles, pedestrian traffic, and/or for conveyance of public utility services and drainage. This land generally does not have established zoning and is instead designated as unclassified in the Official Zoning Map. See also Alley, Drainage Facility, Private Way, Street, and Trail.Public Utility Collocation: The location of one or more wireless telecommunications antennas on a public utility structure, including transmission structures.Public Utility Structure: A structure owned by a unit of government or by a public utility company that is an electric switching station; electric substation operating at voltages greater than 50 kilovolts (kV); gas transfer station or border station; lift station, odor control (or chlorine) station, water well or pump station, or water reservoir; traffic signal; public light poles; or any other public utility structure controlled by a Facility Plan approved by the City.Quasi-judicial Hearing: A public hearing that follows the additional requirements of Subsection 14-16-6-4(M)(3), generally for decisions that would result in changes to property rights or entitlements on a particular property or affecting a small area.Racetrack: An outdoor facility for sanctioned competition of racing vehicles (including cars, trucks, motorcycles, and other vehicles designed for racing purposes) or for horses or dogs, on a closed circuit. In addition to a racetrack, the facility may include spectator seating (bleacher-type stands), a paddock area for support crews and maintenance, racetrack operations offices, and spectator services.Rail Trail: The right-of-way and/or easements designated as the Albuquerque Rail Trail by the Rank 3 Albuquerque Rail Trail Master Plan and mapped by AGIS. For the purposes of this IDO, the Rail Trail corridor is considered both a City trail and a street.Railroad Yard: A primary use of land that includes an area and related facilities in which the predominant activity is the assembly or disassembly and loading or unloading of trains, including without limitation passenger or freight terminals, operations and maintenance shacks, train sheds, and classification yards.Real Estate Office: A facility or area used as a temporary office to sell or lease land or buildings or interests in land or buildings within a specified area.Rear Lot Line: A legal boundary that is opposite and most distant from the front lot line. In the case of an L-shaped or other irregularly shaped lot where 2 or more lines are so located, all are considered rear lines, except those that are within 50 feet of the front lot line. In the case of a lot that comes to a point at the rear, the rear lot line (shown in the illustration below as the horizontal line marked as A) is established by connecting two points that are 10 feet from the rear point, measured along the side lot lines. See also Measurement Definitions for Setback.Rear Yard: The part of a lot from the rear lot line to any rear faade of the primary building, extended to both side lot lines. See also Lot Definitions.Rear-access Garage: A garage accessed from the rear lot line. See also Garage, Front-accessed Garage and Sideaccessed Garage.Recreational Vehicle: A motor vehicle or trailer equipped with living space and amenities, including but not limited to bus campers, camper trailers, pickup campers, travel trailers, motor homes, park model trailers, and tiny houses. See also Vehicle.Recycling Drop-off Bin Facility: An accessory use, structure, or enclosed area that serves as a neighborhood drop-off point for temporary storage of recyclable materials, including but not limited to paper, aluminum, glass, and plastic, but not including compost or organic materials.Reflective or Mirrored Glass: Glass with greater than 15 percent average daylight exterior reflectance as published by the manufacturer.Religious Institution: A structure or place where worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held, together with its accessory buildings, that is operated, maintained, and controlled under the direction of a religious group. Incidental activities include, but are not limited to, school and recreational facilities, parking, caretaker's housing, religious leaders housing, philanthropic or humanitarian activities, and group living facilities such as convents or monasteries.Required Off-street Parking Spaces: If an existing parking lot area does not have parking spaces striped, the number of existing parking spaces is to be measured by subtracting the area that would be required to meet all setbacks and landscaping areas required by the IDO and all drive aisles and circulation areas required by the DPM and dividing the remaining existing paved area by the dimensions of a parking space in the DPM.Residential Community Amenity: A use provided for the comfort and convenience of residents of more than 1 unit in a low-density or multi-family residential development, including but not limited to a clubhouse, exercise room, swimming pool, tennis court, community room, or laundry room.Residential Development: Development of any allowable land use from the Residential category in Table 4-2-1 (i.e. any allowable combination of Household Living uses and Group Living uses) that occurs on properties with no land use from another category, with the following exceptions:
1. Property with both Household Living uses and parks and open space are still considered residential development for the purposes of this IDO.
2. Properties that include other uses accessory to residential primary uses allowed per Table 4-2-1 are still considered residential development for the purposes of this IDO.
3. A property that has an approved non-residential Temporary Use but that otherwise meets this definition is still considered residential development for the purposes of this IDO. See also Development Definitions for Low-density Residential Development, Mixed-use Development, and Non-residential Development and Other Uses Accessory to residential Primary Uses.Residential Use: Any primary use listed in the Residential Uses category in Table 4-2-1. See also Non-residential Use.Residential Zone District: Any zone district categorized as Residential in Part 14-16-2 of this IDO. For the purposes of any Use-specific Standard in Section 14-16-4-3, this includes any lot zoned Planned Development (PD) with a Site Plan approved prior to the adoption of this IDO that allows one or more residential uses and that is developed on lots with residential development that make up at least 50 percent of the site plan area.Resource Management Plan: Rank 3 Plans developed by the Open Space Division of the City Parks and Recreation Department to provide policy guidance on how to manage and protect natural, historic, or cultural resources and/or scenic views for individual City-owned or managed Major Public Open Space. Resource Management Plans also guide visitor uses, budgeting, and decision making.Restaurant: An establishment that serves food and beverages that are consumed on its premises by customers seated at tables and/or counters either inside or outside the building thereon and/or that may provide customers with take-out service of food and/or beverages for off-site consumption. Sale of alcoholic beverages is controlled by other provisions in this IDO and the New Mexico State statutes regarding alcoholic drink sales. See also Bar and Taproom or Tasting Room.Retaining Wall: A wall designed and constructed to resist the lateral pressure of soil.Riparian Area: Aquatic ecosystems and the transitional ecosystems surrounding them, as shown on the map created and maintained by the City Parks and Recreation Department and published by AGIS. The transitional riparian ecosystem is characterized by distinctive vegetative communities and soils that are affected by the presence of surface and groundwater and provides critical habitat for endangered species and migratory birds, as well as other animals.ROA 1994: Revised Ordinances of Albuquerque 1994 (City of Albuquerque Code of Ordinances)Rock Outcropping: Bedrock or other stratum a minimum of 4 feet high on its steepest side as measured from the adjacent 10 percent slope line and in excess of 300 square feet in surface area.Roof-mounted WTF: A WTF placed on a rooftop through gravity mounts or other surface attachments and integrated into the natural rooftop profile of the building so as to resemble a permissible rooftop structure, such as a ventilator, cooling equipment, solar equipment, water tank, chimney, or parapet.Rooftop Sign: A building-mounted sign that is mounted on the roof of a building.Safe Outdoor Space: A lot, or a portion of a lot, developed to provide designated spaces for occupancy by tents, recreational vehicles, and/or light vehicles. Designated spaces are provided to occupants at no charge. A safe outdoor space offers social services and support facilities. See also Campground and Recreational Vehicle and Vehicle Definitions for Recreational Vehicle and Light Vehicle.Salvage Yard: Any use involving storage and/or sale of inoperable, disused, dismantled or wrecked vehicles, equipment, machinery, or goods, or the storage or processing of scrap metal, wastepaper, rags, wastes, construction wastes, industrial wastes or other scrap, salvage, waste, or junk materials.School: An accredited public or private institution offering a course of education recognized by the State as leading to a high school diploma or equivalent. Accessory uses may include student sports fields or facilities, playgrounds, gardens, and an accessory dwelling unit for a caretaker. This use is divided into:
1. Elementary or middle school: An educational facility for grades kindergarten through 8.
2. High school: An educational facility for grades 9 through 12.
See also University or College, Vocational School, and Measurement Definitions for Separation of Uses.Seasonal Lighting: Outdoor or site lighting that is portable, temporary, and decorative. This includes but is not limited to string lighting, icicle lighting, outline lighting, and lighted holiday inflatables that are not intended for general illumination. See also Festoon Lighting.Seasonal Outdoor Sales: The temporary outdoor display and sale of goods or products associated with the season or a cultural event, such as the sale of fireworks, Christmas trees, pumpkins, or seasonal produce, and typically occurring at a location not devoted to such sales for the remainder of the year. See also Agricultural Sales Stand, Farmers Market, and Open Air Market.Security Lighting: Distinct from outdoor lighting installed for safe passage during hours of darkness, security lighting is installed to provide bright illumination for security to protect people, property, and infrastructure from physical or criminal threats.Self-storage: A use consisting of 3 or more individual, small, self-contained, fully enclosed units in building that are leased or owned for the storage of business and household goods or contractors' supplies. Storage areas provided for renters of residential dwellings on the same premises are not considered self-storage. See also Other Use Accessory to a Residential Primary Use.Separation of Uses: In all instances where the IDO requires a separation of uses, zone districts, lots, or buildings, such distance shall be measured in a geometrically straight line using a scaled map, or a survey if necessary. Such measurement shall be made without regard to any intervening structures, objects, uses, the street grid, landforms, waterways, or any other topographical features.
1. Unless specified otherwise in this IDO, this distance shall be measured from the nearest point on the nearest lot line of the lot containing the regulated use to the nearest point on the nearest lot line of the lot containing the use, or in the zone district, from which the regulated use is required to be separated.
2. If the IDO requires a separation between a building containing a regulated use and a specified use or zone district, the distance shall be measured from the nearest point on the building containing the regulated use to the nearest point on the nearest lot line of the lot containing the specified use or in the specified zone district.Setback: 1. A required distance between a structure and a lot line.
2. On an interior lot not abutting a street, side setbacks shall be followed for all lot lines.
See also Lot Definitions for Front Lot Line, Rear Lot Line, and Side Lot Line (Interior or Street Side) and Measurement Definitions for Setback.Shielded Lighting: A floodlight with an accessory intended to block obtrusive light through either an optical intervention and/or a physical shield or louver.Side Faade: Any faade that faces and is within 30 feet of a side lot line that abuts another lot. (A faade that faces a side lot line that abuts a street is considered a street-facing faade for the purposes of this IDO.) A building may have more than one side facade. See also Measurement Definitions for Faade and Lot Definitions for Side Lot Line.Side Lot Line: A lot line that is not a front lot line or a rear lot line. This term includes both interior side lot lines abutting another lot and street side lot lines for corner lots, where the side lot line abuts a street. See also Measurement Definitions for Setback.Side Street: On a corner lot, the street abutting the side lot line of the lot. See also Lot Definitions for Side Lot Line.Side-access Garage: A garage in which the garage door is angled at least 45 degrees away from the street that the primary residence faces. The access to this garage may be from the front lot line (i.e. typically the street that the primary residence faces) or a side lot line (i.e. from an abutting street in the case of a corner lot). See also Garage, Front-accessed Garage, and Rear-accessed Garage.Sidewalk: A hard-surfaced walk or raised path and any curb ramps or blended transitions along and generally paralleling the side of the streets for pedestrians. Sidewalks do not include the curb or gutter structures.Sight Lines: See Subsection 14-16-3-6(D)(3) (Coors Boulevard VPO-1 Definitions).Sign: Any display to public view of letters, words, numerals, emblems, pictures, or any parts or combinations thereof designed to inform or advertise or promote merchandise, services, or activities except for the following:
1.Non-illuminated names of buildings, dates of erection, monument citations, commemorative tablets and the like when carved into stone, concrete, metal, or any other permanent type construction and made an integral part of a permitted structure or made flush to the ground.
2.Signs required by law or signs of a duly-constituted governmental body.
3.Signs placed by a public utility for the safety, welfare, or convenience of the public, such as signs identifying high voltage, public telephone, or underground cables.
4.Signs on a vehicle, provided that any such vehicle with a sign face of over 2 square feet is not conspicuously parked so as to constitute a sign; nothing herein prevents such a vehicle from being used for delivery or other vehicular purposes.
5.Temporary holiday decorations.
A back-to-back sign or V-shaped sign constitutes 1 sign if it employs a common set of supports. A composite group of signs integrated into 1 framed unit or compact structure constitutes 1 sign.Sign Area: 1. Unless specified otherwise in this IDO or unless maximum sign area is regulated as a percentage of faade area, maximum sign area is per allowed sign, not per premises.
2. For freestanding and projecting signs, the area of 1 rectangle or of 2 contiguous rectangles in the same plane, drawn with horizontal and vertical lines so as to include the entire sign except sign base or supports. The maximum area of any double-sided or V-shaped sign shall be measured for the larger sign face only.
3. For building-mounted signs, except canopy signs, the area enclosed with a sign border or the sum of the areas of the minimum imaginary rectangles enclosing each word or non-verbal symbol if there is no sign border.4. For add-on signs to off-premises signs, the area of up to 2 rectangles in addition to the rectangle that defines the area of the basic sign.Sign Height: The vertical distance from finished grade to the highest point of the sign. For rooftop signs, the vertical distance from the top of the highest parapet to the top of the sign. See also Sign Definitions for Rooftop Sign.Significant Archaeological Site: A geographic location that contains an archaeological resource likely, as determined by the City Archaeologist, to yield information important to the prehistory or history of the Albuquerque area.Single Room Occupancy: A type of residential development that provides dwelling units with separate sleeping areas and some combination of shared bath or toilet facilities. The building may or may not have separate or shared cooking facilities for the residents. Each household unit generally occupies only a single room in the facility for sleeping purposes (in addition to having the non-exclusive use of shared spaces in the facility).Site Development Plan: A term used prior to the effective date of the IDO for a scaled plan for development on one or more lots that specifies at minimum the site, proposed use(s), pedestrian and vehicular access, any internal circulation, maximum building height, building setbacks, maximum total dwelling units, and/or nonresidential floor area. A more detailed site development plan would also specify the exact locations of structures, their elevations and dimensions, the parking and loading areas, landscaping, and schedule of development. The equivalent approval in the IDO will be determined based on the level of detail provided in the prior approval.Site Plan: An accurate plan that includes all information required for that type of application, structure, or development.Sketch Plat: A conceptual plat of a proposed subdivision used for discussion by the applicant and Planning Department staff to determine suitability for subdivision. A sketch plat typically shows general building and parking locations and specifies design requirements for buildings, landscaping, lighting, and signage.Small Area: A mapped area established pursuant to IDO procedures where IDO regulations specific to that area apply. Small areas adopted after May 18, 2018 shall be no less than 5 acres, shall include no fewer than 25 lots, and shall include properties owned by no fewer than 15 property owners. Overlay zones are considered small areas but have a different minimum size threshold. See also Measurement Definitions for Small Area and Zone Definitions for Overlay Zone.Small Loan Business: Any business requiring licensure under the New Mexico Small Loan Business Act, Article 58-15 NMSA 1978, including but not limited to businesses offering Payday Loans, Title Loans, Installment Loans, or Refund Tax Anticipation Loans. For the purposes of this IDO, small loan businesses are treated as a bank use. See also Bank.Small-cell WTF: A WTF that is designed to act as a booster site to increase localized network capacity. This use is defined and regulated as a small wireless facility by Article 5-10 of ROA 1994 (Small Wireless Facilities).Solar Energy Generation: The use of land or buildings as locations for mounting of solar collectors or other devices that rely on sunshine as an energy source and are capable of collecting, distributing, or storing the sun's radiant energy. Back-up generators and battery storage are incidental to this use. See also Electric Utility, Geothermal Energy Generation, Major Utility, and Wind Energy Generation.Solid Waste Convenience Center: City-owned and operated locations for the drop-off of solid waste by residents and small commercial haulers only.Special Flood Hazard Area: The land area covered by the floodwaters of the base flood, as defined by the Federal Emergency Management Agency and shown on National Flood Insurance Program maps. See also Sensitive Lands Definitions.Special Manufacturing: An establishment or business that uses hazardous inputs or creates hazardous by-products, as defined by federal regulation, in the course of manufacturing, assembly, fabrication, or materials treatment, or that uses manufacturing, assembly, fabrication, or treatment processes that create potentially hazardous impacts, including but not limited to explosions or leakage of nuclear or electromagnetic radiation into the environment or surrounding areas. Loading and unloading from rail spurs and wholesaling of products manufactured at the facility are incidental to this use. This use does not include any use that meets the definition of Clean Room accessory to another use in the Industrial use category pursuant to Table 4-2-1.Specified Anatomical Areas: Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
See also Adult Entertainment, Adult, Retail, and Specified Sexual Activities.Specified Sexual Activities: Any of the following:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts of human masturbation, sexual intercourse or sodomy.
3. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
4. Flagellation or torture in the context of a sexual relationship.
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain.
6. Erotic touching, fondling or other such contact with an animal by a human being.
7. Human excretion, urination, menstruation, vaginal, or anal irrigation as a part of or in connection with any of the activities set forth in 1 through 6 above.
See also Adult Entertainment, Adult Retail, and Specified Anatomical Areas.Sports Court: A recreational facility for sports played on courts at least 20 feet by 30 feet, including but not limited to basketball, volleyball, tennis, handball, and racquetball, except facilities that meet the definition of stadium or sports field. See also Sports Field and Stadium.Sports Field: A facility designed for amateur or professional sporting events, exhibitions, or shows. See also Sports Court and Stadium.Stacking Space: A term used in designing vehicle circulation areas for the queuing of motor vehicles. See definition in the DPM.Stadium: An outdoor, open-air area or structure suitable for sporting events or performances with tiers of seats or benches and with seating capacity for 1,000 or more people. See also Sports Field and Stadium.Steep Slope: Land with 9 percent slope or more, where development is discouraged.Stoop: Building frontage where the street-facing faade is placed close to the frontage line with the ground story elevated from the sidewalk, securing privacy for the windows. This type is suitable for ground floor residential uses with short setbacks. This type may be interspersed with the storefront building frontage type. A porch may also cover the stoop.Storefront: Building frontage where the street-facing faade is placed at or close to the front or street side lot line, with the entrance at sidewalk grade. This type is conventional for retail frontage. It is commonly equipped with cantilevered shed roof or awning. The absence of a raised ground floor story precludes residential use on the ground floor facing the street, although this use is appropriate behind and above.Streamers: A strand of pennants, triangular flags, or fringe made of any material other than paper.Street: The portion of a public right-of-way or private way, from curb to curb (or from edge of paving to edge of paving if there is no curb, or from edge of visible travel way to edge of visible travel way, if there is no paving), that is primarily devoted to vehicular use.Street Frontage: The boundary between a premises and a public right-of-way or private way, whether or not direct access is allowed from the public right-of-way or private way to the premises.Street Side Yard: The part of a lot from a street side lot line the side faade of the primary building. See also Lot Definitions.Street Tree: A tree that meets the provisions of Part 6-6-2 of ROA 1994 (Street Trees).Street Wall: A masonry wall that defines outdoor spaces and separates the sidewalk and the street from the private realm (e.g. parking lots, trash cans, gardens, and equipment).Street-facing Faade: Any faade that faces and is visible from an abutting street, not including alleys, unless specified otherwise in this IDO. A building may have more than one street-facing faade. The phrase faade facing a that refers to a specific street or to alleys is included in this definition as well. See also Measurement Definitions for Faade.Structure: Anything constructed or erected above ground level that requires location on the ground or attached to something having a location on the ground but not including a tent, vehicle, vegetation, trash can, bench, picnic table, or public utility pole or line. Swimming pools are considered structures, whether above-ground or in-ground. See also Building, Wall Definitions, Wireless Telecommunications Facility Definitions, and Sign Definitions.Structure Height: The vertical distance above finished grade of the highest point on a structure that is not a building, but not including decorative or incidental features that do not extend more than 10 percent of the length of any side of the structure or occupy more than 10 percent of the ground coverage of the structure. See also Structure and Measurement Definitions for Building Height.Structured Parking Bonus: The development must include structured, podium, or subterranean parking on the same premises.Stub Street: A non-permanent dead-end street intended to be extended in conjunction with development on adjacent lots or sites. See also Adjacent.Subdivide: To divide or re-divide (sometimes referred to as replat) land into 2 or more parts or to consolidate 2 or more lots by whatever means to facilitate the present or future conveyance or other transfer of incidents of ownership or use.Subdivider: Any person who, by reason of his/her power, authority, and/or interest with respect to a specific lot, effects, brings about, causes, or proposes the subdivision of that lot.Subdivision: 1. The process of subdividing land into 2 or more lots for the purpose of sale or development.
2. The process of consolidating 2 or more lots for the purpose of sale or development.
3. The subdivided lot.Subject Property: A lot or collection of lots included in an application submitted pursuant to this IDO. See also Premises, Project Site, and Lot Definitions.Substantial Change: Where used associated with a WTF Approval. As defined and regulated by federal law.Tandem Parking: Off-street parking area where 2 or more parking spaces arranged one behind or above the other.Tap Room or Tasting Room: An establishment associated with a local brewery, winery, or distillery operating under an approved Small Brewers License as governed by Section 60-6A-26.1 NMSA 1978, an approved Winegrowers License as governed by Section 60-6A-11 NMSA 1978, or an approved Craft Distillers License as governed by Section 60-6A-6.1 NMSA 1978 where beer, wine, or spirits are available for consumption on-site. Any production of alcohol as regulated by State law under one of these licenses is considered artisan manufacturing. Any sale of alcohol for off-premises consumption as regulated by State law under these licenses is not considered liquor retail. See also Bar, Liquor Retail, and Manufacturing Definitions for Artisan Manufacturing.Temporary Sign: A public display of letters, words, numerals, figures, statues, devices, emblems, pictures, etc. for a specified period of time that is installed in a way that is easy to remove.Temporary Use: A land use that is allowed for a short period of time on a property and allowable within a particular zone district permissively. Temporary uses are listed as T in Table 4-2-1. A temporary use may or may not require a permit from the Planning Department. Any temporary activity or event not listed in Table 4-2-1 is not considered a land use and therefore is not a temporary use as regulated by this IDO. A temporary use may be allowed on vacant land or combined with other primary or accessory uses allowable within a zone district, subject to IDO standards.Theater: A facility with fixed seats for the viewing of movies or live presentations of musicians or other performing artists.Through Lane: A continuous travel lane, excluding any turn lanes or ramps that provide access to or exit from travel lanes. See also Measurement Definitions for Distance to a Through Lane.Through Lot: A lot having frontage on 2 separate parallel or approximately parallel dedicated public streets. TIS: Traffic Impact StudyToe of Slope: The point where the irrigation facility bank meets natural grade. See Irrigation Facility for diagram.Townhouse Development: Development with any number of townhouse dwellings pursuant to Table 4-2-1. For the purposes of this IDO, townhouse development is considered low-density residential development, whether the townhouses are platted on separate lots or not. See also Dwelling Definitions for Dwelling, Townhouse and Dwelling Unit.Tract: A portion of land identified on a plat, often for a purpose other than development of a building, such as for drainage, transportation, open space, or as a remainder lot that will not be sold as a lot.Trailer: A vehicle without motive power, designed so that it can be drawn by a motor vehicle, to be used for the carrying of persons or property or as a human habitation. A structure that meets the requirements of Articles 14-1 and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes and Uniform Housing Code) in all ways, including foundation, is not a trailer, whether or not it was once a vehicle.Transit Facility: Land used for transit stations, terminals, depots, and transfer points, which may include shelters, park-and-ride lots, and/or related facilities on public or privately owned lots.Transit Route Frequency: The average amount of time between buses arriving at transit stops or stations calculated by the City Transit Department using published transit schedules. This frequency is generally calculated for the most frequent route, or combination of paired routes that act as one route. For routes with segments that have frequencies with substantially different levels of service, different transit route frequencies may be designated by segment of the route. See Peak Service Frequency.Transit Shelter: A shelter erected and maintained under the direction and control of ABQ RIDE or other public transportation provider as part of a public transit system for the use of transit patrons.Transit Shelter Sign: A sign located on a City of Albuquerque Transit Department shelter.Transit Station: A designated place where transit vehicles stop for passengers to board or alight from the vehicles. Usually associated with a premium service such as bus rapid transit or commuter rail, transit stations are distinguished from transit stops by having level-boarding platforms and passenger amenities such as ticket vending machines and real-time transit information, as well as common transit stop amenities such as seating and/or shelters. See also Transit Facility and Measurement Definitions for Premium Transit Area.Transit Stop: A designated place where transit vehicles stop for passengers to board or alight from a bus. Boarding and alighting are generally accomplished from the street curb by means of steps or deployable ramps. The level of amenity at a transit stop tends to reflect the level of usage. Stops at busy locations may have shelters, seating and possible electronic passenger information systems; less busy stops may use a simple pole and route sign to mark the location.Transparent Window or Door: A window or door with windows rated with a Visible Transmittance of 70 percent or greater or a combination of glass and coating or finish to satisfy the equivalent standard. A transparent window or door on the ground floor permits easy viewing into the building from the sidewalk from a minimum distance of 3 feet away from the building. Reflective or mirrored glass is not considered to be transparent. Any portion of a door or window that is covered with a sign or translucent window wrap is not considered to be transparent. See also Reflective or Mirrored Glass.Tribal Land: Land held in trust, fee land, or land owned by the tribal government of an Indian Nation, Tribe, or Pueblo that the relevant tribal government requests in writing to be mapped by AGIS for the purpose of referrals to the tribal government as a commenting agency. See also Indian Nation, Tribe, or Pueblo.Tribal Representative: A tribally appointed representative currently serving on the City of Albuquerque Commission on American Indian/Alaska Native Affairs. The Tribal Liaison with the Citys Office of Native American Affairs shall maintain an updated list of the names and contact information for members of the City of Albuquerque Commission on American Indian/Alaska Native Affairs.UC: Urban Center
An area designated as an Urban Center in the ABC Comp Plan, as amended.Unconcealed WTF: A nonconforming WTF that is not designed as a concealed structure. These include lattice towers with exposed wireless telecommunications antennas and face-mounted wireless telecommunications antennas. New construction of this type of facility is prohibited.University or College: An institution, other than a vocational school, that provides full-time or part-time education beyond high school. See also School and Vocational School.Upgrade: Where used associated with a WTF Approval. As defined and regulated by federal law, the replacement or addition of wireless telecommunications antenna(s) or equipment, not including routine maintenance.Urban Residential: Building frontage where residential units are accessed from street-fronting doors to a lobby, walled court, or to individual units. May be used in combination with other building frontage types.Usable Open Space: Outdoor space to be preserved on-site and managed privately to help ensure livable conditions on each site by providing light and air and meeting visual, psychological, and recreational needs. These areas can be used for a variety of purposes and are not required to be at ground level. Usable open space may include, but is not limited to, lawns; community gardens; decorative and native plantings; open balconies; rooftop decks; plazas; courtyards; development. Required drainage facilities or land within an easement for overhead utilities that are not landscaped shall not count toward required usable open space. Usable open space does not include public right-of-way, private ways, parking lots, off-street parking, driveways, drive aisles other private vehicular surfaces, or buildings other than swimming pool rooms.Utility-scale Electric Facility: Facilities developed and/or used by an electric utility regulated by the New Mexico Public Regulation Commission or a facility that is at least 1 megawatt (MW) of net generation or storage capacity and owned by electric utilities or independent power producers to provide grid support services to the bulk electric system and those systems that transmit or distribute electricity with voltages of 4.16 kilovolts (kV) or greater. See also Electric Utility and Energy Storage System.Vacation: The act that rescinds all or part of a recorded subdivision plat including legal dedications and grants of easements.Variance: Exceptions to dimensional standards or variations from the strict, literal application of standards in this IDO or the DPM. Variances from IDO standards are reviewed and decided by the ZHE or EPC, while Variances from technical standards in the DPM or related to projects in public rights-of-way are decided by the DHO. The allowable use of premises may never be changed via a Variance. See also Waiver and Use Definitions for Allowable Use.Vegetative Screen: A view screen created from evergreen plant material that is at least 75 percent opaque on average across the area to be screened at maturity. Plant material can be trees, vines, or shrubs, as long as they otherwise meet standards in this IDO.Vehicle: A vehicle that meets the definition in Section 8-1-1-2 of ROA 1994 (Traffic Code Definitions).Vehicle Repair: An incidental activity of light vehicle repair use and heavy vehicle and equipment sales, rental, fueling, and repair use that includes vehicle repair beyond vehicle service and maintenance. See Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair, Light Vehicle Repair, and Vehicle Service and Maintenance.Vehicle Service and Maintenance: An incidental activity of light vehicle repair use; heavy vehicle and equipment sales, rental, fueling, and repair use; and light vehicle sales and rentals that includes services for a vehicle that are part of regular maintenance, including but not limited to battery charging, tire repairs, and oil and fluid changes. See Heavy Vehicle and Equipment Sales, Rental, Fueling, and Repair, Light Vehicle Repair, and Vehicle Repair.Veterinary Hospital: An establishment of licensed practitioners primarily rendering dentistry, surgical, and medical treatment for animals that may provide overnight accommodations to pets for a limited period before or after medical procedures. Incidental activities include but are not limited to outdoor animal runs and crematory facilities.View Fencing: A wall that is at most 25 percent opaque to perpendicular view unless specified otherwise in this IDO, constructed of wood, painted or coated pipe, wrought iron, or smooth wire pasture fence material. View fencing is intended to provide a sense of openness and continuity, visual transparency, and passive surveillance while still providing perimeter security.View Frame: See Subsection 14-16-3-6(D)(3) (Coors Boulevard VPO-1 Definitions).View Plane: See Subsection 14-16-3-6(D)(3) (Coors Boulevard VPO-1 Definitions).Vocational School: A public or private institution that provides specialized training and education beyond the high school level, but that does not provide lodging or dwelling units for students or faculty, and that has programs that typically result in the awarding of a certificate. See also School and University or College.VPO: View Protection Overlay (zone)Waiver: A deviation beyond the thresholds established in Table 6-4-1 or from standards not included in Table 6-4-1. See also Deviation.Walkway: A passage or path for walking located on private property, which often connects the sidewalk to a building entrance or connects between different buildings on a site.Wall: A vertical structure of masonry (which includes stone, clay, brick, and poured concrete), wood, plaster, or other material that defines or encloses an area. Where the IDO provides standards about the wall of a building, the term faade is used, except for signage on buildings, which uses the term wall sign. Unless specified otherwise in this IDO, this term includes walls, fences, perimeter walls, courtyard walls, and retaining walls. A post that supports a structure other than a wall, such as a sign or a carport, is not considered a wall.Wall Height: For a perimeter wall along the front lot line, wall height shall be measured from the finished grade on the public side of the wall. For other perimeter walls along other lot lines or for walls between the front lot line and the front faade of the primary building, wall height shall be measured from the finished grade on the side of the wall that provides the taller wall height. Wall height does not include decorative or incidental features, such as pilasters or fence posts, that are allowed or required by this IDO. See also Wall Definitions.Wall Sign: A sign flush to the exterior surface of a building, applied directly on the building or a signboard attached flush to the building, projecting no more than 18 inches from the building surface and not projecting above the roof. However, light sources aimed at the wall sign may extend farther. A sign on a freestanding roofed structure, such as a canopy for a vehicle fueling station, outdoor storage or display, or drive-up facility, is also considered a wall sign.Walled Court: Building frontage that comprises enclosed gardens or terraces at the frontage line that buffer residential dwellings, restaurants, or other uses from the sidewalk, while removing the private yard from public encroachment.Warehouse: Building frontage in which up to half of the required windows or doors may be opaque. A warehouse frontage may not have loading docks fronting a street.Warehousing: The use of a building primarily for the holding or storage of goods, including cold storage, and merchandise for onward transportation or for distribution to retailers, but not for sale to the general public, and not including self-storage. Loading and unloading from rail spurs is incidental to this use. See also Self-storage.Warm Season Grasses: Grasses that thrive when temperatures are 75 degrees or higher, including but not limited to, buffalo grass, blue grama, Indian rice grass, clover, thyme, and sand dropseed grass. These grasses are native and drought tolerant and have lower water requirements than cool season grasses.Waste and/or Recycling Transfer Station: A site or facility where materials to be recycled or reprocessed are unloaded after collection and transferred onto transport vehicles, either immediately or following a temporary storage period, aggregation, or sorting. The facility may feature sorting, material crushing apparatus, and the storage of the material until it is transported. Loading and unloading from rail spurs is incidental to this use.Water Harvesting: A water conservation method used to capture, divert, and/or store rainwater for plant irrigation and other uses.Wetlands: Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as determined by the City Hydrologist. Wetlands generally include swamps, marshes, bogs, and similar areas.Wholesaling and Distribution Center: A facility for the storage of products, supplies, and equipment offered for wholesale distribution, and not for direct sale to the general public.Wind Energy Generation: The use of land for the installation wind energy turbines, wind chargers, windmills, battery banks, and related equipment to generate electrical power from wind or the installation of such equipment or devices on a building. Back-up generators and battery storage are incidental to this use. See also Electric Utility, Geothermal Energy Generation, Major Utility, and Solar Energy Generation.Window Sign: A sign on a window or door, with its message or image discernible from the exterior of the building. Window wraps and windows with messages or images are considered window signs.Wireless Telecommunications Antenna: A component of a WTF. Any exterior transmitting or receiving device that may be mounted on a tower, building, or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or other commercial signals. It includes, but is not limited to, directional antennas (such as panels, microwave dishes, and satellite dishes) and omni-directional antennas (such as whips), but not including non-commercial or broadcasting antennas. See also Non-commercial or Broadcasting Antenna.Wireless Telecommunications Facility (WTF): A facility that transmits and/or receives signals or waves radiated or captured by a wireless telecommunications antenna. It may include: antennas of all kinds including microwave dishes, horns, and other types of equipment for the transmission or reception of such signals, telecommunications tower or similar structures supporting said equipment, equipment buildings or cabinets, parking area, and/or other accessory development. Non-commercial or broadcasting antennas are not considered to be WTFs. See also Non-commercial or Broadcasting Antenna.Wireless Telecommunications Services: The provision or offering for rent, sale, or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic, and video programming information between or among points excluding only cable services.Wireless Telecommunications Tower: A component of a WTF. A structure intended to support wireless telecommunications antennas. Examples of such structures include, but are not limited to, freestanding poles (such as monopoles, masts, poles, or guyed towers) and lattice construction steel towers.Workforce Housing: Housing meeting the definition of the City's Workforce Housing Opportunity regulations pursuant to Part 14-9-1 of ROA 1994 (Workforce Housing Opportunity Act). See also Building Height Bonus Definitions.Workforce Housing Bonus: At least 30 percent of the dwelling units in the development must meet the definition of workforce housing in the City's Workforce Housing Opportunity regulations, pursuant to Part 14-9-1 of ROA 1994 (Workforce Housing Opportunity Act).Wrapped Parking: A structure, part of a structure, or a parking lot designed to accommodate motor vehicle parking spaces that is wrapped on all sides that abut a street by buildings with residential, commercial, or office uses.WTF: Wireless Telecommunications FacilityYard Sign: A type of free-standing sign that is relatively small and short, typically supported by 1 or 2 wires or posts, and located in the front or street side yard of a lot.ZEO: Zoning Enforcement Officer (ZEO)
A City Planning Department employee or his/her authorized representative who interprets the provisions of this IDO, reviews applications for decisions related to this IDO, and may make administrative decisions.ZHE: Zoning Hearing Examiner (ZHE)
A person or firm on contract with the City who reviews and decides applications for Conditional Use Approvals, Expansions of Nonconforming Use or Structure, Permit Carport, Permit Wall or Fence Major, and Variances.Zone Boundary: The boundary of a zone district is a lot line unless clearly otherwise shown on the Official Zoning Map, in which case, the boundary of a zone is determined by use of the scale of measurement shown on the Official Zoning Map.Zone District: One of the zone districts established by this IDO and the boundaries of such zone districts shown on the Official Zoning Map. Zoning regulations include the Use Regulations, Development Standards, and Administration and Enforcement provisions of this IDO.Zoo: A facility, indoor and/or outdoor, where animals are kept for viewing by the public, and that may be accredited by the American Zoological Association. Office, retail, and other commercial uses commonly established in such facilities and related parking structures shall be allowed as accessory appurtenances. This use does not include the ABQ BioPark, which is listed as a separate use in this IDO and regulated per the BioPark Master Plan.
2023 IDO Archive Draft
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This draft shows changes made since the 2022 IDO Effective Draft.
Green text = Changes made by City Council related to all of the following bills
- O-24-13 - Annual Update 2023 - Citywide
- O-24-11 - Volcano Heights Urban Center (drive-throughs)
- O-24-12 Northwest Mesa View Protection Overlay Zone (VPO-2) Tribal Referrals
- O-24-17 - Rail Trail Edge Standards
Red text = Citywide changes recommended by the Environmental Planning Commission during the 2023 Annual Update
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