Chapter 18.05
GENERAL PROVISIONS
Sections:
18.05.040 Comprehensive land use ordinance may be amended, supplemented or repealed.
18.05.050 Commission to hold hearings.
18.05.080 Commission shall announce findings.
18.05.090 Adoption of resolution requires minimum affirmative vote.
18.05.110 Decision of board of trustees.
18.05.120 Exceptions to chapter.
18.05.150 Authority for ordinance.
18.05.010 Title.
MTC Titles 15, 17 and 18 shall be known, and may be cited and referred to, as the “comprehensive land use ordinance of the town of Mesilla.” [Ord. 2009-05 § 1; prior code § 11-1-1]
18.05.020 Purpose.
A comprehensive land use ordinance is hereby established and adopted to serve the public health, safety, and general welfare of the community and to provide the economic and social advantage resulting from an orderly, planned use of land resources. [Ord. 2009-05 § 1; prior code § 11-1-2]
18.05.030 Authority.
The comprehensive land use ordinance is adopted pursuant to the provisions set forth in the New Mexico State Statutes 1978, Sections 3-21-1 through 3-21-26, 3-19-1 through 3-19-12, and 3-18-7, as amended. The provisions of the comprehensive land use ordinance are adopted in acceptance of and accordance with said statutes. [Ord. 2009-05 § 1; prior code § 11-1-3]
18.05.040 Comprehensive land use ordinance may be amended, supplemented or repealed.
Any section of the comprehensive land use ordinance may be amended, supplemented or repealed in part or in its entirety, whenever public necessity, convenience and general welfare require. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.1]
18.05.050 Commission to hold hearings.
Upon initiation of a proposal to amend, supplement or repeal any section of the comprehensive land use ordinance, the planning, zoning and historical appropriateness commission, hereinafter referred to as the commission, shall hold a public hearing. The commission may establish rules for the conduct of public hearings. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.2]
18.05.060 Setting hearings.
The date of the hearing shall be posted in the town of Mesilla for not less than 15 days prior to the date of the hearing. If testimony at a public hearing cannot be completed on the day set for the hearing, the chair shall, before recessing, announce the time and place for the continued hearing and no further notice shall be required. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.3]
18.05.070 Investigation.
The commission may require, by its own members or staff, investigation of facts about a proposal to amend, supplement or repeal set for hearing, including an analysis of possible precedents, to provide all necessary information consistent with the purpose of the section in question and with previous amendments, supplements or repeals. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.4]
18.05.080 Commission shall announce findings.
The commission shall announce its findings by resolution within 40 days following the final hearing. The resolution shall state the facts and reasons which make the approval necessary to carry out the general purposes of comprehensive land use ordinance and shall recommend to the board of trustees that the amendment, supplement or repeal, in whole or in part, be adopted. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.5]
18.05.090 Adoption of resolution requires minimum affirmative vote.
When the commission adopts a resolution recommending to the board of trustees that a proposed change be approved, the resolution shall be adopted by a three-quarters vote of the total commission. The commission shall forward a copy of the resolution to the board of trustees within seven days of its adoption. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.6]
18.05.100 Board of trustees to hold public hearing on commission’s recommendations on proposed amendment, supplement or repeal.
Within 40 days of receipt from the commission of a recommendation on a proposed amendment, supplement or repeal, the board of trustees may conduct a public hearing with public notice in a publication of general circulation in the town of Mesilla at least 15 days prior to the hearing. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.7]
18.05.110 Decision of board of trustees.
Any amendment, supplement or repeal of any portion of the comprehensive land use ordinance must be approved by the affirmative vote of at least three trustees. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.8]
18.05.120 Exceptions to chapter.
Any amendment, supplement or repeal procedure in any individual chapter in the comprehensive land use ordinance will supersede the requirements under this chapter. [Ord. 2009-05 § 1; Ord. 95-03 § 1; prior code § 11-1-4.9]
18.05.130 Title.
This title shall be known, and may be cited and referred to, as the “comprehensive zoning regulations and standards ordinance of the town of Mesilla.” [Ord. 2009-05 § 1; Ord. 94-06 § 1; prior code § 11-2-1.1]
18.05.140 Purpose.
An official zoning plan for the town of Mesilla is adopted to serve the public health, safety, and general welfare of the community and to provide the economic and social advantages resulting from an orderly, planned use of land resources. [Ord. 2009-05 § 1; Ord. 94-06 § 1; prior code § 11-2-1.2]
18.05.150 Authority for ordinance.
The ordinance codified in this title is adopted pursuant to the provisions set forth in the New Mexico State Statutes 1978, Sections 3-21-1 through 3-21-26, as amended. [Ord. 2009-05 § 1; Ord. 94-06 § 1; prior code § 11-2-1.3]
18.05.160 Existing uses.
The existing use of all buildings, improvements, and premises not in conformity with the standards or requirements of the zoning district in which they are located, as stated in this title, and which uses are legal, or for which permits or variances were granted under previous ordinances, may continue as nonconforming uses or variances as defined within this title, and subject to the provisions regulating such uses. [Ord. 2009-05 § 1; Ord. 94-06 § 1; prior code § 11-2-1.4]
18.05.170 Supersedence.
Adoption of the ordinance codified in this title shall supersede prior adopted ordinances specifically related to these matters. [Ord. 2009-05 § 1; Ord. 94-06 § 1; prior code § 11-2-1.5]