Chapter 18.45
C – COMMERCIAL ZONE
Sections:
18.45.030 Uses expressly prohibited.
18.45.040 Development standards.
18.45.010 Purpose.
This zone is intended to provide for limited commercial enterprises. [Ord. 94-06 § 1; prior code § 11-2-11.6.A]
18.45.020 Uses permitted.
A building and premises on any lot in the C zone shall be used for the following purposes only:
Appliance stores, household;
Auction houses, not including animal auctions;
Automobile supply stores;
Barber shop;
Bank or financial institution;
Bakery goods shop;
Bars and cocktail lounges;
Bicycle, scooter and similar nonmotorized vehicle sale and rental;
Billiard and pool halls;
Book binding;
Book store;
Building material dealers;
Clothing stores;
Department stores;
Drugstores;
Dry goods stores;
Employment agencies;
Feed and grain stores;
Florist shops;
Furniture stores;
Gas stations;
Gift shops;
Grocery;
Hardware stores;
Hobby supply shops;
Hotels;
Interior decorating shops;
Jewelry stores;
Laundries, self-service;
Laundry agencies;
Leather goods stores;
Locksmith shops;
Millinery shops;
Motels;
Music stores;
News stands;
Notions store;
Office, business and professional;
Office equipment, sales and service;
Package liquors stores;
Paint and wallpaper stores;
Photography studio;
Pet shops, pet supply stores;
Plumbing shops;
Real estate offices;
Restaurants and other eating establishments;
Secondhand stores;
Shoe repair shops;
Shoe stores;
One single-family dwelling on any lot or parcel of land in the zone may be permitted; provided, a special use permit for said dwelling is first obtained; and further provided, that the dwelling shall be used only by the owner or lessee of the lot or parcel on which it is erected or by an employee of said owner or lessee, and used only with any permitted commercial use, exclusive of home occupations;
Sporting goods stores;
Tailor shops;
Theaters;
Tobacco shops;
Typewriter sales and repair shops. [Ord. 2001-09 § 1; Ord. 2001-04 § 1; Ord. 94-06 § 1; prior code § 11-2-11.6.B]
18.45.030 Uses expressly prohibited.
Uses expressly prohibited in the C zone are as follows:
A. Agricultural uses.
B. Industrial uses.
C. Home occupations.
D. Multifamily dwellings. [Ord. 2001-09 § 1; Ord. 94-06 § 1; prior code § 11-2-11.6.C]
18.45.040 Development standards.
A. Lot Area. Each lot or parcel to be developed in the C zone shall have a minimum of 100 feet of frontage on a street and a minimum of 12,000 square feet of area.
B. Lot Dimensions.
1. Width. A minimum width of 100 feet is required.
2. Depth. A minimum depth of 120 feet is required.
C. Density. When lots in the C zone are to be developed, each lot or parcel shall have sufficient area to meet the standards and regulations described below for yard requirements; ponding; parking at the maximum number of spaces required for the intended use; solid waste collection; off-street loading and unloading; screening and buffering; and landscaping.
D. Yards.
1. When a lot is developed to a permitted commercial use which is adjacent to a residential zone, the yard requirements of the adjacent residential zone shall prevail; provided, that subsections (D)(2), (3) and (4) of this section are met.
2. In no event shall the setback requirement for any yard in the C zone be less than seven feet unless the structure meets UBC fire-resistive requirements.
3. In the event the structure meets UBC fire-resistive requirements, then the setback requirement for any yard in the C zone shall be a minimum of three feet.
4. In addition to subsections (D)(1), (2) and (3) of this section, where there are three or more contiguous lots proposed for development in the C zone, the rear yard setback shall be designated as an alley and shall be specifically designated and used only for off-street loading and unloading, solid waste collection, emergency vehicles and other service access. The alley shall meet the following standards:
a. The width of the alley shall be a minimum of 20 feet and unobstructed throughout the width.
b. The alley shall be one-way.
c. The alley shall serve contiguous lots where there are three or more contiguous lots.
d. The alley shall be maintained by the developer if so designated by covenant or other document or by property owner.
e. The alley shall meet the design standards set forth in the town’s land subdivision regulations, MTC Title 17.
E. Off-Street Parking. See MTC 18.60.170.
F. Off-Street Loading and Unloading. Every commercial building in a C zone shall have and maintain an off-street loading and unloading area.
G. Lighting. Any lighting system shall be installed so that any glare from the system shall be reflected downward and away from any nearby structure or roadway.
H. Height Limitations. No building or structure shall have a height greater than two stories or 30 feet, whichever is less, as measured from the natural grade of the land.
I. Screening. Outdoor storage shall require a six-foot opaque fence or wall to screen the outdoor storage from public view.
J. Architectural Style and Design Standards. New development or redevelopment in the C zone shall comply with Mesilla’s established architectural styles and design elements as listed in the town’s “Guidelines and Criteria for Preservation and Development” manual, including the development zone specifications.
In addition, the architectural style and design standards shall comply with the following:
1. Elevations of proposed structures shall be submitted with site plans for review by the planning, zoning and historical appropriateness commission with final approval by the board of trustees.
2. Internal consistency or compatibility of styles, colors, materials, and design elements will be required in all new development or redevelopment within the C zone.
3. Stucco, brick, stone, wood, and adobe are permitted exterior wall materials. Aluminum siding, metal panels, mirrored glass, unstuccoed concrete block and unstuccoed concrete are prohibited exterior wall materials.
4. The use of solar and other energy collecting and conserving strategies is encouraged by Mesilla. Where publicly visible, solar features and equipment shall be architecturally integrated or screened.
5. Walls and fencing with adobe, brick, stucco, slump block, stone, wood, and wrought iron fencing is permitted. Unstuccoed concrete, chain link, metal wire, or similar materials are prohibited.
6. Mechanical, electrical, telephone, heating and cooling equipment as well as other obtrusive structures shall be architecturally screened.
7. All installations of utility lines shall be underground.
8. Inspections as required by the UBC and the town of Mesilla, inclusive of foundation through final, shall be conducted as per Chapter 15.15 MTC.
K. Landscaping. Landscaping in the C zone shall be subject to those requirements and conditions for landscaping as set forth in the Avenida de Mesilla Gateway Plan, adopted May 6, 1996, and as approved by the planning, zoning, and historical accuracy commission.
L. Parking Lots. Development of public or private parking areas shall be subject to the restrictions and conditions set forth in MTC 18.60.170(E).
M. Ponding. Each lot or parcel shall be provided with on-site ponding that meets the standards set forth by the town of Mesilla.
N. Perimeter Wall or Fencing. A uniform six-foot high perimeter wall or fencing, measured from natural ground surface level, shall be installed by the subdivider and/or developer between commercial development in the C zone and adjacent residential development or adjacent agricultural development to provide privacy to the homeowner and protection to the farmer from urban encroachment. The wall/fence shall be maintained by the developer if so designated by covenant or other document or by the property owner. The planning and zoning commission shall determine if the standards and design proposed for the wall/fence are adequate and appropriate. Cross Reference: MTC 17.30.030, Alley location.
O. Wall, Fencing, Hedge, C Zone.
1. Height. A three-foot maximum height above natural ground surface level shall be permitted on any part of the required setback in the front yard and a four-foot maximum height above natural ground surface level shall be permitted on any part of the required set back in the side yards; provided, the height of such wall, fence or hedge is in accord with subsection (O)(2) of this section.
2. Clear Sight Triangle. There shall be no fence, wall, hedge or obstruction more than three feet above the street curb level or natural ground surface level at the edge of the street in the clear sight triangle, measured 30 feet in both directions on the property line from a corner.
3. Materials. Walls or fences constructed in the C zone must be built with the following materials only: stucco, brick, stone, wood, adobe or decorative iron. Decorative iron is defined as iron made from square or rectangular shaped iron and it may be used in the C zone for fencing alone or in combination with the other allowed materials mentioned above in this subsection.
4. Other Restrictions. All other restrictions and conditions appearing in MTC 18.60.340, Wall, fence, or hedge, and applying to the C zone are included here by reference.
P. In addition to maintaining the landscaping, ponding, and parking areas, the developer if so designated by covenant or other document or the property owner shall maintain any and all fixed structures attached to the ground.
Q. All construction within the C zone shall comply fully with the American National Standards Institute (ANSI) 117.1-1998 handicap standards. [Ord. 2001-09 § 1; Ord. 2001-04 § 1; Ord. 94-06 § 1; Ord. 92-06 § 1; Ord. 89-07 § 1; prior code § 11-2-11.6.D]