[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County 11-27-1990 by Ord. No. 84-90.
Amendments noted where applicable.]
[Amended 9-27-2011 by Ord. No. 235-2011]
After the effective date of this chapter, the
owners of any mobile home or manufactured home, as herein defined,
shall obtain a manufactured home/mobile home installation permit (MHIP)
from the Doña Ana Community Development Department, Building
Services. This chapter shall also apply to such units which are specifically
manufactured for commercial purposes, but are manufactured to meet
National Manufactured Housing Construction and Safety Standards, and
do not meet the requirements of the Uniform Building Code.
[Amended 9-27-2011 by Ord. No. 235-2011]
All housing units subject to § 257-1 shall, prior to occupancy, be connected to a liquid waste system permitted by the New Mexico Environmental Improvement Division, inspected by the Construction Industries Division, and shall be subject to verification provided to the Community Development Department, Building Services.
[Amended 9-27-2011 by Ord. No. 235-2011]
The owners of property upon which such manufactured
home/mobile home is to be installed shall provide the Community Development
Department, Building Services, with a legal description and a plat
or survey map which clearly and accurately indicates the location
of the property to receive the manufactured home/mobile home.
A manufactured home/mobile home located or installed
in a flood-prone area, such as a flood hazard area as designated by
the National Flood Insurance Administration map for Doña Ana
County, or in, on or over the path of an arroyo, shall comply with
the special use permit provisions of Chapter 250, Land Use and Zoning,
of this Code[2] for a development permit, and the minimum anchoring and
tie-down standards as adopted by, or as may be amended by, the Federal
Emergency Management Agency (FEMA) shall apply to its installation.[3]
[2]
Editor’s Note: Chapter 250, Land Use and Zoning, was repealed 12-13-2016 by Ord. No. 287-2016. For current provisions, see Ch. 350, Unified Development Code.
[3]
Editor's Note: Former Section 2.4, establishing minimum standards
for manufactured homes and mobile homes, and Section 2.5, establishing
drainage and grading requirements, which immediately followed this
section, were deleted 9-27-2011 by Ord. No. 235-2011.
[Amended 9-27-2011 by Ord. No. 235-2011]
As used in this chapter, the following terms
shall have the meanings indicated:
Approval granted by the Department of Housing and Urban Development
based on federal manufactured home regulations.
An area where a temporary condition of partial or complete
inundation of normally dry land results from the unusual and rapid
accumulation or runoff of surface waters.
A manufactured home that is a single-family dwelling with
a heated area of at least 864 square feet, and measures at least 36
feet by 24 feet, is constructed in a factory to the standards of the
United States Department of Housing and Urban Development (HUD), the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. 5401 et seq.) and the Housing and Urban Development
Zone Code II or the Uniform Building Code (UBC), as amended to the
date of the unit's construction, and installed consistent with the
Manufactured Housing Act (NMSA § 60-14.1 et seq.; and with the
regulations made pursuant thereto relating to ground-level installation).
A movable or portable housing structure larger than 40 feet
in body length, eight feet in width or 11 feet in overall height,
designed for and occupied by no more than one family for living and
sleeping purposes, but does not include structures built to the standards
of the Uniform Building Code. Any mobile home which meets the requirements
of the definition of "manufactured home," as herein defined, shall
be considered to be a manufactured home and not a mobile home.
A use which does not conform to current regulations, but
existed legally and in compliance with any regulations in effect at
the time of establishment of such use and is able to document such
use.
Connection to an electrical service pole or other approved
receptacle, or gas and water meter installation, but does not include
electrical mainline extension or gas and water mainline extension
or water main tap or meter box and setter installation.[1]
Manufactured homes/mobile homes which were legally
located and installed in mobile home parks or other parcels of land
prior to the effective date of this chapter are exempted from the
requirements of this chapter, and with documentation shall be legal
nonconforming uses until moved from that location.
[Amended 9-27-2011 by Ord. No. 235-2011]
A legal nonconforming manufactured home/mobile
home is any manufactured home/mobile home which was legally installed
prior to the effective date of this chapter. This does not, however,
constitute an exemption from any laws or requirements which were in
effect at the time of such installation. The documented, legal nonconforming
manufactured home/mobile home may be removed from the site and replaced
with another manufactured home/mobile home complying with the requirements
of the County Code.
A.
The use of a legal nonconforming manufactured home/mobile
home shall be allowed to continue even though such use does not conform
with the provisions of this chapter, unless the unit is removed from
the site of the legal nonconforming use.
B.
Additions or expansions to the legal nonconforming
manufactured home/mobile home shall be permitted only upon compliance
with the provision of this chapter. Normal repairs and renovation
shall be permitted, but may be subject to permits and/or inspection.
C.
In the event that the residential use of a manufactured
home/mobile home is discontinued for 12 consecutive months, the residential
use of a manufactured home/mobile home shall thereafter conform to
the requirements of the County Code, unless located in an approved
mobile home park or mobile home subdivision.
All manufactured homes/mobile homes shall be skirted on all
sides within 90 days of installation.
A.
Materials
used for skirting shall be of metal, rock, concrete block, or other
noncombustible, fire-resistant materials as approved by the Community
Development Department, Building Services.
[Amended 9-27-2011 by Ord. No. 235-2011]
C.
The skirting
shall be self-ventilating.
D.
Flammable
objects shall not be stored under the unit.
E.
An access
or inspection panel shall be installed in the skirting and shall be
located so that utilities and blocking are accessible for inspection.
F.
All vents
and openings shall be installed to prevent entry of rodents and direct
rainfall.
G.
All skirting
in excess of 30 inches in height shall be supported vertically at
least every four feet or installed according to the manufacturer's
specifications.
It shall be unlawful for any person to transport
a manufactured home/mobile home to its installation site without first
receiving from the owner of the manufactured home/mobile home a copy
of the manufactured home/mobile home installation permit (MHIP).
A.
It shall be unlawful for any person to install, connect
or be instrumental in assisting in the installation of any electrical
service, gas service, water service or any liquid waste system to
any premises in the unincorporated area of the County in violation
of this chapter.
[Amended 9-27-2011 by Ord. No. 235-2011]
[Amended 9-27-2011 by Ord. No. 235-2011]
An applicant for a manufactured home/mobile home installation permit shall pay the fee prescribed by the Board of Doña Ana County Commissioners in Chapter 179, Fees and Permits. A permit shall not be issued nor shall an application be considered complete prior to the receipt of said fee.[1]
[1]
Editor's Note: Former Sections 9 and 9.1, regarding compliance
with regulations, and Sections 10, 10.1 and 10.2, regarding safety,
which followed this section, were deleted 9-27-2011 by Ord. No. 235-2011.
[Added 9-27-2011 by Ord.
No. 235-2011]
It shall be the duty of the Community Development Department, Building Services, to enforce the provisions of this chapter. Any person violating any provision of this chapter may be punished by fines and/or imprisonment as set forth in Chapter 1, General Provisions, Article III, General Penalty. These provisions for enforcement are not meant to be exclusive, and the provisions of this chapter may be enforced through any other means allowed by law.
