Doña Ana County, NM
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County 11-27-1990 by Ord. No. 84-90. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 142.
Numbering of buildings — See Ch. 150.
Design and construction standards — See Ch. 157.
Fees — See Ch. 179, Art. VI.
Fire prevention — See Ch. 195.
Wastewater systems — See Ch. 319.
Water systems — See Ch. 324.
Unified Development Code — See Ch. 350.
[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]
[1]
Editor's Note: See also Ch. 350, Unified Development Code.
[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Editor’s Note: Chapter 250, Land Use and Zoning, was repealed 12-13-2016 by Ord.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:
DESIGN APPROVAL PRIMARY INSPECTION AGENCIES (DAPIA)
Approval granted by the Department of Housing and Urban Development based on federal manufactured home regulations.
FLOOD-PRONE AREA
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.
MANUFACTURED HOME
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).
MOBILE HOME
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.
NONCONFORMING USE, LEGAL
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.
UTILITY SERVICE
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]
[1]
Editor's Note: Former Section 4, Standards, which followed this section, was deleted 9-27-2011 by Ord. No. 235-2011. See § 257-8 below for the provisions of former Subsection 4.9.
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]
B. 
Materials shall be installed in accordance with the manufacturer's recommended instructions or in accordance with the New Mexico Manufactured Housing Act[1] and regulations.
[1]
Editor's Note: See NMSA § 60-14-1 et seq.
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.
B. 
It shall be unlawful to install a manufactured home/mobile home in violation of setback or lot size minimums as set forth in Chapter 250, Land Use and Zoning.[1]
[1]
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.
[Amended 9-27-2011 by Ord. No. 235-2011]
A. 
Requirements relating to the safety of the citizens of Doña Ana County shall be imposed.
B. 
Roofs shall be kept clear of tires, debris and other objects and structures not approved by the manufacturer and permitted by the Community Development Department, Building Services.
[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.