Chapter 18.47
MER3 ZONE
Sections:
18.47.020 Development standards.
18.47.040 Uses requiring special use permits.
18.47.010 Purpose.
The purpose of the MER3 zone is to establish residential districts of single-family site-built homes on moderate to large size lots, specifically designed to meet the demand for those persons whose lifestyles include raising and keeping of large and small animals in a semi-rural atmosphere. MER3 zoning is available for use only in territory that has become a part of the town of Mesilla by annexation on or subsequent to December 26, 2007. [Ord. 2007-14 § 1]
18.47.020 Development standards.
Development standards in the MER3 zone are as follows:
A. Minimum lot size: one acre (except cluster development).
B. Minimum lot width: 100 feet.
C. Minimum lot depth: 100 feet.
D. Minimum front setback: 25 feet.
E. Minimum side setback: 15 feet.
F. Minimum rear setback: 25 feet.
G. Maximum building height: 35 feet. [Ord. 2007-14 § 1]
18.47.030 Permitted uses.
The following uses are permitted by right in the MER3 zone:
A. All types of agriculture. “Agriculture” is defined as the tilling of the soil, raising of crops, horticulture, animal husbandry, aquatic resources and uses customarily incidental thereto, but not including commercial slaughterhouses, stockyards, meat packing plants, fertilizer yards, bone yards, or plants for the reduction of animal matter. Those agricultural uses and agriculture-related uses requiring special use permits are included under MTC 18.47.040, Uses requiring special use permits.
B. Barb wire fences.
C. Barns and other structures normally used in connection with farming and ranching.
D. Christmas tree farms.
E. Cluster development in accordance with Chapter 17.45 MTC.
F. Detached single-family site-built homes.
G. Garage and yard sales or similar uses, limited to three sales in a one-year period at a single address and each sale shall be limited to three consecutive days.
H. Greenhouses (noncommercial), garden and tool sheds. If detached from the main dwelling, the structures are subject to the provisions of accessory buildings set forth in MTC 18.49.030.
I. Home occupations subject to the conditions set forth in Chapter 18.52 MTC.
J. Private swimming pools; provided, that all swimming pools or yards in which swimming pools are located are completely enclosed by a wall or fence at least six feet in height with self-closing devices on all gates or protected by an equivalent barrier as approved by a New Mexico State certified building inspector. No object or structure shall be placed adjacent to the wall or fence that allows access over said wall or fence. An automatic safety cover meeting ASTM F 1346 Standard Performance Specifications or other comparable safety device may be used as an alternative to the approved wall or fence to satisfy the requirements for barriers surrounding swimming pools on the premises of Group R Division 3 Occupancies (single-family residential) providing a variance is obtained as outlined in Chapter 18.85 MTC. The pool shall be no closer than five feet from any property line and approval from all utilities shall be obtained to ensure overhead safety. All hot tubs and spas shall have an approved safety cover.
K. Raising large and small animals in accordance with the conditions set forth in MTC 18.49.040.
L. Recreational vehicles, such as boats, trailers or similar uses, limited to a maximum of one per dwelling unit in the front or side yard and no limitations for the rear yard provided there is at least a distance of five feet from any property line.
M. Residential-type satellite dishes, television or receiving antennas, roof-mounted and not exceeding 20 feet in height at the highest point of the roof.
N. Septic tanks in accordance with the regulations of the New Mexico Environmental Improvement Division (EID). On-site wastewater treatment systems shall comply with currently enforced EID regulations and State Plumbing Code.
O. Temporary real estate offices, when used in conjunction with a residential subdivision, provided such use is discontinued upon the completion of the development or within three years from the date the building permit was issued, whichever is sooner.
P. The sale of agricultural and farm products such as nursery stock, poultry, rabbits, chinchillas, fish, frogs, earthworms and bees, if produced or raised on the premises.
Q. Windmills built to withstand a 75 m.p.h. wind and meet the latest adopted version of the Uniform Building Code. [Ord. 2007-14 § 1]
18.47.040 Uses requiring special use permits.
The following uses require a special use permit pursuant to Chapter 18.85 MTC:
A. Boarding houses and rest homes.
B. Cemeteries.
C. Commercial stables and riding academies.
D. Commercial kennels.
E. Community and publicly owned recreational centers, clubhouses and similar buildings and structures open to the public.
F. Day care center or child care center for five or more children.
G. Guest ranches.
H. Parks, golf courses, churches, schools and other public or semi-public and open recreational uses.
I. Public utility installations and substations and water wells.
J. Keeping of wild or exotic animals or fowl.
K. Time-rental riding facilities.
L. Veterinary clinics and treatment centers. [Ord. 2007-14 § 1]
18.47.050 Other requirements.
A. There shall be no water runoff on an adjacent property caused by any building or structure.
B. Connections for water service furnished by the town of Mesilla shall be made pursuant to MTC Title 13. [Ord. 2007-14 § 1]