Chapter 18.40
H-C – HISTORICAL COMMERCIAL ZONE
Sections:
18.40.030 Exterior appearance.
18.40.050 Development standards.
18.40.010 Purpose.
The purpose of this zone is to provide for those commercial sections of the town that are deemed worth preserving because of historical, cultural, or aesthetic or architectural interest. [Ord. 94-06 § 1; prior code § 11-2-11.5.A]
18.40.020 Uses permitted.
Uses permitted in the H-C zone are as follows:
Commercial uses allowed in C zone and residential uses subject to approval of the planning, zoning and historical appropriateness commission upon application and approval of a development plan. [Ord. 2001-04 § 1; Ord. 94-06 § 1; prior code § 11-2-11.5.B]
18.40.030 Exterior appearance.
An application for a permit for erection, construction, modification of, moving or destruction which would affect the exterior appearance of any structure, sign, or any other improvement affecting use or function must first be approved by the commission. [Ord. 94-06 § 1; prior code § 11-2-11.5.C]
18.40.040 Yards.
For all structures, the side and rear yard setbacks must be at least seven feet unless the structure meets current building code standards for fire-resistive requirements.
A. Structures (buildings) constructed to the property line, “zero-lot-line,” shall require a “right-of-entry” agreement signed by all property owners of all adjacent properties for construction and maintenance that is recorded in Dona Ana County records and filed with the town clerk; and
B. This document must be acquired prior to board of trustees approval; and
C. This document shall be permanent and remain with all properties regardless of ownership; and
D. In the event that a mutual agreement cannot be acquired, the applicant may:
1. Meet the required setback of seven feet, or
2. Apply for a variance through Chapter 18.85 MTC to the board of adjustments. [Ord. 2006-03 § 2; Ord. 2004-7 § 7; Ord. 2001-04 § 2; prior code § 11-2-11.5.D]
18.40.050 Development standards.
A. Utilities. All installations of utility lines shall be underground, wherever technically feasible. [Ord. 2004-7 § 8]