Chapter 18.49
MER3 AND MER4 ZONES – GENERALLY
Sections:
18.49.020 Appearance on zoning map.
18.49.030 Accessory buildings.
18.49.010 Designation.
Territory annexed into the town of Mesilla as described in Exhibit 1 attached to the ordinance codified in this chapter shall be zoned MER3 or MER4 according to the zoning designation shown on the map in Exhibit 1. [Ord. 2007-14 § 1]
18.49.020 Appearance on zoning map.
Further, it is ordered that the annexed territory with its designated zoning shall be shown on the town of Mesilla’s official zoning map. [Ord. 2007-14 § 1]
18.49.030 Accessory buildings.
A. Accessory Buildings for Agricultural Uses. Accessory buildings for agricultural uses are exempt from the provisions of this chapter provided the parcel has an agricultural assessment as per the county assessor’s office. Agricultural uses include 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.
B. Height and Setback Requirements for All Residential Zones.
1. A minimum distance of 10 feet, measured eave to eave, from the primary structure.
2. A minimum distance of 10 feet from side and rear property lines for any accessory building of 400 square feet or less gross floor area.
3. Accessory buildings larger than 400 square feet or taller than 15 feet shall meet all minimum setback requirements outlined in the applicable zoning district.
4. A maximum height of 25 feet shall be allowed.
5. No accessory building shall project beyond the front of the primary dwelling unit for all lots that are one-half acre or less, except as herein provided.
C. Size Requirements. The maximum accessory building footprints for all accessory buildings combined shall be limited to 10 percent of the total (gross) lot area and shall not exceed 3,000 square feet, except where a variance has been issued. Applicants wishing to exceed the standards of this chapter may apply to the community development director, or his/her designee, for a variance following the procedures in Chapter 18.85 MTC, along with a nonrefundable application fee.
D. Exceptions.
1. Accessory buildings which are used as stables, barns or for the housing of animals shall maintain 35 feet between structures and shall not be located in front, rear or side setbacks of the primary structure. These uses must meet the requirements set forth in MTC 18.49.040 pertaining to the keeping of animals.
2. All accessory buildings located within any commercial or industrial district shall meet all requirements set forth by the International Building Code and shall meet all setback requirements set forth in the applicable zone.
3. Any lot with more than one frontage (rear or side yard street frontage) shall meet setback requirements for frontage required within the applicable zoning district.
E. Water Runoff. There shall be no water runoff on an adjacent property caused by an accessory building or structure. Side gutters may be required by the community development department.
F. Prohibited Uses.
1. An accessory building shall not be used for residential living purposes unless converted to accessory living quarters.
2. No lot shall be divided through a subdivision if an existing accessory building or structure on the lot would exceed the standards under this section if so divided, unless said building is modified or removed to comply with the standards.
G. Accessory Living Quarters.
1. Definition. An accessory living quarter is a subordinate structure used or capable of being used as living quarters which is incidental to but located on the same lot or parcel as the primary structure and not used for the conduct of business or commercial sheltering of individuals. Accessory dwellings may be permitted by an administrative special use permit for family members based on hardship due to illness, handicap or an elderly family member requiring care; provided, that all requirements for an administrative special use permit have been met.
2. Accessory dwellings such as maid’s quarters, guest houses and other types of accessory dwellings that do not meet the requirements for an administrative special use permit shall meet the requirements of this section.
3. All height, size and setback requirements listed in subsections (B) and (C) of this section shall apply except that accessory living quarters shall be limited to 1,600 square feet in size or less.
4. All requirements set forth by the Uniform Building Code shall be met except in residential zones that allow mobile homes, a mobile home may be allowed as accessory living quarters, provided all other provisions of this section are met.
5. All standards and requirements of the New Mexico Environmental Improvement Division shall be met for liquid waste disposal.
6. Accessory living quarters shall not be used for the conduct of business or commercial sheltering of individuals.
7. Accessory living quarters are limited to one per primary dwelling unit.
8. Accessory living quarters shall require a special use permit to be approved pursuant to Chapter 18.85 MTC.
H. Administrative Special Use Permits. The community development director, or his/her designee, may approve a special use permit administratively for accessory dwellings that meet all of the following requirements:
1. Permits for accessory dwellings shall be granted for family members based on hardship. Determination of hardship shall be based on a need for the occupant(s) of the accessory dwelling to be in proximity to the occupant(s) of the primary dwelling due to illness, handicap or an elderly family member requiring care.
2. A notarized statement of family relationship with a statement of hardship from a health official shall be provided by the applicant.
3. The accessory dwelling shall be subordinate and incidental to the primary dwelling on the property. “Subordinate and incidental” shall mean that the accessory structure is secondary in importance to the principal dwelling on the property as well as being subsidiary in nature to the principal structure. Indications that an accessory dwelling is subordinate and incidental to the primary dwelling are that the accessory dwelling is smaller than the primary dwelling, the owner of the property occupies the primary dwelling and the occupants(s) of the accessory dwelling are dependent in some manner upon the occupants(s) of the primary dwelling.
4. The accessory living quarters shall be limited to 1,600 square feet or less. Mobile homes used as accessory dwellings shall be limited to 1,600 square feet in size or less.
5. Approval of an accessory dwelling shall not result in an increase to the density of development allowed by the zoning on the property.
6. Only one accessory dwelling shall be permitted per property, regardless of the size of the property.
7. A timeline of five years, with an annual renewal certificate administered by the community development director or his/her designee, shall be placed on all mobile homes that are approved administratively for use as accessory dwellings.
8. Any request for an accessory dwelling not meeting these requirements shall be required to obtain a special use permit as set forth in Chapter 18.85 MTC. [Ord. 2007-14 § 1 (App. A)]
18.49.040 Keeping of animals.
A. Keeping of Large Animals. The following regulations are established for the keeping of large animals in the MER3 zone. The keeping of large animals within the MER4 zone shall be permitted by special use permit only. Exempt from the provisions of this section are agricultural uses, including 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.
1. All lots shall have a minimum of 43,560 square feet (one acre) for the keeping of large animals.
2. Density per acre limitation for livestock is not applicable to young animals below weaning age or six months of age, whichever is greater.
3. One acre or more – horses, mules, donkeys, swine, llamas, bovines and peacocks: minimum open lot area (not including dwelling unit) shall be 9,000 square feet for the first animal and 6,000 square feet thereafter for each additional animal, provided the total number of such animals shall:
a. Not exceed a density of two animals per acre on lots of less than two acres in size.
b. Not exceed a density of three animals per acre on lots of two acres and larger.
4. Mature stallions, bulls, buffalo and beefalo shall be prohibited from lots containing less than two acres. Additional large animals will require a special use permit as per Chapter 18.85 MTC. For animals not mentioned here, the density per acre limitation shall be determined by the community development director, or his/her designee, after consultation with relevant agencies. No such animal shall be kept closer than 35 feet to an adjoining dwelling.
5. Keeping of animals shall not be permitted in the required front, side and street-side yard setbacks.
6. No animal dwelling unit shall be kept closer than 100 feet to any private water well or closer than 200 feet to any public water well.
7. The keeping of large animals shall be subject to the following development standards:
a. Corral Size. Every corral to be provided shall have a minimum width or length of not less than 12 feet and shall contain not less than 240 square feet of area.
b. Box Stall. Every box stall to be provided shall have a minimum of 12 feet of length and width.
c. Fencing. Fencing to be provided shall be subject to the following:
i. Materials and Construction. Fencing may be constructed of wood, chain link, masonry, metal and materials with the structural integrity sufficient to contain animals.
ii. Fence Posts. Fence posts may be constructed of wood, metal, concrete or materials with the structural integrity sufficient to contain animals.
iii. Fence Height. Fences to be provided for enclosure shall be maintained not less than four and one-half feet in height. For use in conjunction with stud stalls, such fence shall be maintained not less than six feet in height.
d. Shade. Corrals containing less than 450 square feet of area shall have at least 54 square feet of shade, provided by either roof, trees or other means.
e. Water Facilities. Running water facilities shall be provided within 50 feet of each stall and/or corral and each animal shall have access to fresh water.
f. Maintenance. All stalls and corrals shall be continuously maintained with preservatives, fasteners and other materials so as to maintain appearance and prevent deterioration and animal escape.
g. Containment Devices. Substantial and acceptable locking or latching devices shall be provided and installed on all gates and doors to animal areas located thereon in such a manner so as to be inaccessible to animals and small children. This will prevent unauthorized entry and animal escape.
h. Dust Control. All areas used as arenas for exercising, training or exhibition of animals shall be maintained to abate dust by dampening (spraying water) or other acceptable means for the prevention of detrimental and nuisance effects of dust emission to surrounding properties.
i. Compliance with Health Regulations. The keeping and maintenance of large animals, as provided for in this section, shall comply with all regulations and provisions of the health and sanitation laws of the state Environment Improvement Department and the town of Mesilla. All premises and facilities upon which animals, poultry or fowl are permitted to be kept shall be maintained in a clean, orderly and sanitary condition at all times. All manure shall be removed or spread at least once a week so as not to constitute a nuisance and all premises and facilities shall be treated weekly with biologically, ecologically and environmentally approved pesticides for the control of odors, insects and rodents which in any way can be considered a clear and present nuisance or detriment to the health, safety, comfort, welfare, peace and/or tranquility of the general public.
B. Keeping of Small Animals in Lower Density Zones. The following regulations are established for the keeping of small animals such as goats, sheep, miniature horses and the like and very small animals such as rabbits, poultry and fowl in the MER3 and MER4 zoning districts. For animals not listed here, the density per acre limitations shall be determined by the community development director, or his/her designee, after consultation with relevant agencies.
1. The following are the minimum areas required and the maximum density of very small and small animals allowed on a single lot:
a. Very Small Animals. Minimum area of open lot area (not including front and side setbacks or dwelling unit) shall be six square feet for each very small animal, providing that the total number of animals does not exceed the number calculated by this formula:
i. Multiply the size of the lot or parcel, expressed numerically in acres carried to two decimal places, by a factor of 80 [ex. 2.5 acres * 80 = 200 very small animals].
b. Small Animals. Minimum area of open lot area (not including front and side setbacks or dwelling unit) shall be 2,000 square feet for each small animal, providing that the total number of animals does not exceed the number calculated by this formula:
i. Multiply the size of the lot or parcel, expressed numerically in acres carried to two decimal places, by a factor of eight [ex. 0.65 acres * 8 = 5.2, or five small animals].
2. No such animal shall be kept closer than 35 feet to an adjoining dwelling.
3. Keeping of such animals shall not be permitted in the required front, side and street-side yard setbacks.
4. All small animals shall be provided with adequate enclosures to contain them within the boundaries of the owner’s property.
5. No animal dwelling unit shall be kept closer than 100 feet to a private water well or 200 feet from a public water well.
6. All premises and facilities upon which animals, poultry or fowl are permitted to be kept shall be maintained in a clean, orderly and sanitary condition at all times. All manure shall be removed or spread at least once each week so as not to constitute a nuisance. All premises and facilities shall be treated weekly with biologically, ecologically and environmentally approved pesticides for the control of odors, insects and rodents which in any way can be considered a clear and present nuisance or detriment to the health, safety, comfort, welfare, peace and/or tranquility of the general public.
7. The keeping and maintenance of small animals, as provided for in this section, shall comply with all regulations and provisions of the health and sanitation laws of the state Environmental Improvement Division and the town of Mesilla. [Ord. 2007-14 § 1 (App. B)]