Mesilla City Zoning Code
CHAPTER 18
55 UNCLASSIFIED AND SPECIAL USES
§ 18.55.010 Land uses.
All of the following uses are of such special form as to make impractical their automatic inclusion in any class of use as set forth in the various zones and shall be subject to the issuance of a special use permit; provided, that special use permits may not be granted in a zone from which they are specifically excluded by the provisions of this chapter. Before any special use permit shall be granted, facts shall be shown that:
A.
The proposed use is essential or desirable to the public convenience or welfare.
B.
The proposed use will not be materially detrimental to the public welfare or injurious to other property or improvement in the same zone or vicinity.
C.
The proposed use will not adversely affect the official comprehensive plan.
D.
The uses are as follows:
1.
Airports or heliports; provided, the clear zone approaches to such installations are approved by the FAA. Excluded from H-R and H-C zones.
2.
Armories and military training center. Excluded from H-R and H-C zones.
3.
Borrow pits and quarries for rock, sand, gravel, decomposed granite or soil. Excluded from H-R and H-C zones.
4.
Cemeteries.
5.
Columbariums, crematories, and mausoleums unless inside a cemetery, are excluded from the H-R zone.
6.
Establishments or enterprises involving large numbers of people:
a.
Open air theaters.
b.
Rodeo arena.
c.
Sport or recreational enterprises are excluded from H-R and H-C zones.
7.
Hospitals.
8.
Institutions or rest homes, nursing homes, for the care of the aged or the mentally infirm, and institutions of a philanthropic or charitable nature.
9.
Private clubs and country clubs.
10.
Privately owned schools.
11.
Utilities consisting of water wells, gas metering and regulating stations, telephone exchanges, booster stations or conversion plants with the necessary buildings, apparatus or appurtenances but not including distribution mains, provided any buildings necessary to such utilities are similar in design and structure to other buildings in the area of the proposed use.
12.
Radio or television transmitters. Excluded from H-R and H-C zones.
13.
Sewage disposal plants. Excluded from H-R and H-C zones.
14.
Landfills in RF zones only.
(Prior code § 11-2-4.1; Ord. 94-06 § 1; Ord. 2020-05)
§ 18.55.020 Special uses may be permitted in any zone.
The following uses are special uses and may be authorized in any zone:
A.
Public buildings or uses by a municipality, county or other political subdivision operated for public purposes, provided such buildings are designed and constructed in such a manner that the character of the area is not altered.
B.
Churches.
C.
Schools together with the necessary facilities and equipment to insure their proper operation.
D.
Museums and libraries not operated for profit.
E.
Public parks and playgrounds.
F.
Day care or boarding of children.
(Prior code § 11-2-4.2; Ord. 94-06 § 1)
§ 18.55.030 Yard, height, area, off-street parking requirements.
The provisions for front, rear and side yards, for height and area, and for off-street parking facilities applicable to the particular zone in which any use specified in this chapter is proposed to be located shall prevail unless, in the special use permit authorizing such use specific exemptions are made.
(Prior code § 11-2-4.3; Ord. 94-06 § 1)
§ 18.55.040 Use restrictions and uses not listed.
A.
When any use is specified as a permitted use in any zone, that use shall not be permitted in a more restrictive zone until the board of trustees, following a recommendation by the planning commission, conducts a public hearing on the matter and amends this title to permit the use in question to become a permitted use in the more restrictive zone. In no event shall a commercial or industrial use be permitted in the residential zones nor shall an industrial use be permitted in the Commercial zone.
B.
In the event that a use is proposed in any zone which is not specifically listed in the “uses permitted” sections of the various zones, that use shall not be permitted in the proposed zone until the board of trustees, upon the recommendation of the planning commission, conducts a public hearing and amends this title to include the addition of the proposed use to the “uses permitted” section of the zone.
(Prior code § 11-2-11.8; Ord. 94-06 § 1)
