Chapter 18.35
H-R – HISTORICAL RESIDENTIAL ZONE
Sections:
18.35.030 Area requirements deemed met.
18.35.040 Density requirements deemed met.
18.35.050 Exterior appearance.
18.35.060 Development standards.
18.35.010 Purpose.
The purpose of this zone is to provide for the protection of those residential sections of the town that are worth preserving because of historical, cultural and aesthetic or architectural interest. All remodeling or new structures must be compatible with established architectural styles and design elements as outlined in Chapter 18.33 MTC (Historic Preservation). [Ord. 2021-01 § 2; Ord. 2020-02 § 1; Ord. 94-06 § 1; prior code § 11-2-11.4.A]
18.35.020 Uses permitted.
Uses permitted in the H-R zone are as follows:
Single-family and multiple-family residences and related uses approved by the commission upon application and approval of a development plan in accordance with Chapter 18.33 MTC (Historic Preservation), this chapter (H-R – Historical Residential Zone) and the comprehensive land use ordinance for the town. [Ord. 2021-01 § 2; Ord. 2020-02 § 1; Ord. 94-06 § 1; prior code § 11-2-11.4.B]
18.35.030 Area requirements deemed met.
Any lot or building site shall meet the minimum area requirements when:
A. It existed as an entire lot, or as an entire parcel, for which either a deed was on record in the office of the county clerk or a bona fide contract of sale was in effect prior to March 14, 1972.
B. It is legally subdivided after the effective date of the ordinance codified on March 14, 1972.
Any lot or building that is deemed to be legal and meets the area requirements because of this section shall not be deemed nonconforming simply because it exists on less than the area required by the code. [Ord. 2021-01 § 2]
18.35.040 Density requirements deemed met.
Any lot or building which had been approved by the Mesilla board of trustees prior to June 8, 2020 (Ord. 2020-02) and which is not in conformity with these regulations, but for which permits or variances were granted under previous ordinances, may continue and shall not be deemed nonconforming. [Ord. 2021-01 § 2]
18.35.050 Exterior appearance.
An application for a permit which would authorize construction, modification, moving or destruction, use or function which would affect the exterior appearance of any structure or sign must first be reviewed and approved by the PZHAC for compliance with Chapter 18.33 MTC (Historic Preservation), and receive final approval by the board of trustees. [Ord. 2021-01 § 2; Ord. 2020-02 § 1; Ord. 94-06 § 1; prior code § 11-2-11.4.C. Formerly 18.35.030]
18.35.060 Development standards.
A. Lot Area. Each lot or parcel to be developed in the H-R zone shall have a minimum of 80 feet of frontage on a public street and a minimum of 8,000 square feet of area.
B. Population Density. When lots or parcels in the H-R zone are to be developed to single-family or multiple single-family dwellings, each lot or parcel shall have sufficient area to provide 8,000 square feet of area for each family unit to be built. The maximum number of dwellings allowed on any property shall be two, providing density and parking requirements are met. Additionally, up to five structures will be allowed on any property, providing density and parking requirements are met. A minimum of 40 percent of the property shall be open space and is required in order to limit the density of development on each parcel. Each applicant must submit a site plan demonstrating the open space requirement at the time they apply for a permit for any new structure.
Canopies and accessory structures in a rear yard shall not be more than 50 percent of the required area and can be set back three feet from the side or rear yards if they are made of fire resistive materials. Any temporary structures can be set back three feet from the side or rear yards if they are made of fire resistive materials.
C. New Construction. New structures and modifications to existing structures prior to June 8, 2020, may be built in this zone, providing the exterior appearance of the structure is approved by the PZHAC for compliance with Chapter 18.33 MTC (Historic Preservation) and the comprehensive land use ordinance for the town, with final approval by the BOT.
1. New structures on properties containing existing structures shall be architecturally similar to the principal dwelling or structure on the property and shall meet the requirements in subsection (C)(3) of this section.
2. If a property is undeveloped, any new structure, to include dwellings, shall be architecturally similar to the dwellings or structures in the development zone immediately adjacent to the property and shall not exceed 15 feet in height including parapet, whichever is lower. The height of chimneys is to meet building code, but not be higher than 17 feet.
3. Any structure within the historical residential zone shall be architecturally similar to the dwellings or structures in the development zone immediately adjacent (a block radius as discussed in Chapter 18.33 MTC (Historic Preservation) to the property and shall not exceed 15 feet in height including parapet.
D. Yards. For all new buildings, front, side and rear yard must be at least seven feet from the property line.
1. Any repairs of structures or fences that have been legally built on a property line prior to June 8, 2020, will not require a right-of-entry form;
2. New construction of fences shall require a right-of-entry agreement signed by all property owners of all applicable properties for construction and maintenance that is recorded in Dona Ana County records and filed with the town clerk; and
3. This document must be acquired prior applying to planning, zoning, and historical appropriateness commission approval; and
4. This document shall be permanent and remain with all properties regardless of ownership; and
5. If a mutual agreement cannot be acquired, the applicant shall meet the required setback of seven feet.
E. Utilities. All new installations of utility lines shall be underground unless a utility service provider demonstrates the inability to provide service, or a demonstrated hardship of inability to obtain easement from an adjacent property owner for an installation from an existing pole. A final determination as to whether a hardship is sufficient to allow an aboveground utility installation will be decided on a case-by-case basis by the mayor along with the public works director and community development department coordinator. For connections to town utilities refer to Chapter 13.10 MTC.
F. Flagpole Lots (Existing). Lots substandard of 80-foot fronts:
1. Shall be limited to only one single-family home.
2. Must meet the height requirement in subsection (C)(2) of this section.
3. Must meet the size requirements in subsection (B) of this section.
G. Off-Street Parking. See MTC 18.60.170 and shall not include private garage as part of the off-street calculations of parking area.
H. Lighting. See Chapter 18.50 MTC.
I. Architectural Style and Design Standards. See Chapter 18.33 MTC (Historic Preservation). 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 H-R zone.
3. Stucco, brick, stone, wood, and adobe are permitted exterior wall materials. Aluminum siding, metal panels, metal, and aluminum fencing, mirrored glass, unstuccoed concrete block and unstuccoed concrete are prohibited exterior wall materials within the front setbacks.
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 and shall not be visible from any public right-of-way.
5. Walls and fencing with adobe, brick, stucco, slump block, stone, wood, ornamental wire loop fencing, and wrought iron fencing is permitted. Unstuccoed concrete, barbed wire, 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. No person shall stand, stop, or park a vehicle on any street or property for the principal purpose of living within the vehicle. An RV can only be used for dwelling purposes for a maximum of 14 days. There can be no permanent connection for water, sewer, or electricity.
J. Wall, Fencing, Hedge in H-R Zone. See MTC 18.60.340.
K. In addition to maintaining the yard, the developer (if so designated by covenant or other document) or the property owner shall maintain all fixed structures attached to the ground. [Ord. 2021-01 § 2; Ord. 2020-02 § 1; Ord. 2006-03 § 1; Ord. 2004-7 § 6; Ord. 2001-04 § 2; Ord. 94-06 § 1; Ord. 92-07 § 1; prior code §§ 11-2-11.4.D – 11-2-11.4.G. Formerly 18.35.040]