MANUFACTURED HOUSING OR MANUFACTURED HOME: Defined as set forth in New Mexico Statutes Annotated subsection A of section 3-21A-2, which is the manufactured housing and zoning act.

MOBILE HOME: A movable or portable housing structure which does not meet the definition of manufactured housing or manufactured home. (Ord. 786, 3-14-1988; amd. 2001 Code)

All mobile homes placed on any property within the city shall be constructed according to the national manufactured housing construction standards act of 1974 (USC 5401 et seq.) and the regulations promulgated to enforce the act and the standards developed from time to time by the national fire protection association. No mobile home shall be located, occupied or used for residential purposes in the city unless it is placed within a mobile home park or mobile home park subdivision approved in accordance with applicable ordinances and regulations. Said mobile home must be manufactured after June 15, 1976, the effective date of the act, or accompanied by documentation certifying compliance with the above act. (Ord. 1045, 5-29-2001)

   A.   Single-Family Use Allowed In District: No manufactured home shall be occupied, located or used for residential purposes in any zoning district in which single-family, site-built housing is not an allowable use or on any lot in which single-family, site-built housing is not allowed as a right.

   B.   Historic District: No manufactured home shall be occupied, located, or used for residential purposes in any historic district unless the manufactured home meets all requirements that single-family, site-built housing must meet in order to comply with the applicable historic zoning ordinance and regulations.

   C.   Compliance With Requirements: No manufactured home shall be occupied, located or used for residential purposes unless it meets all requirements applicable to single-family, site-built housing in that zone, except that any requirements regulating original construction of single-family, site-built housing shall not be applicable to manufactured housing.

   D.   Aesthetic Review Permit Requirement: In addition, no manufactured home shall be occupied, located, or used for residential purposes unless an aesthetic review permit has been obtained pursuant to the provisions of section 12-14-4 of this chapter. (Ord. 786, 3-14-1988)

   A.   Purpose: The purpose of the aesthetic review permit is to preserve the property values of residential neighborhoods and protect the public's general welfare by assuring that certain minimum aesthetic standards are met before manufactured homes are occupied, located, or used for residential purposes. (Ord. 786, 3-14-1988)

   B.   Permit Required: No manufactured or mobile home shall be occupied, placed or used for residential purposes in a zone in which single-family, site-built housing is a permitted use, unless the owner or proposed occupant of the manufactured home has received an aesthetic review permit.

   C.   Application For Permit: Each application for an aesthetic review permit shall include:

      1.   A site plan showing the manner in which the manufactured or mobile home will be placed on the lot.

      2.   A drawing showing the appearance of the manufactured or mobile home from all streets and neighboring properties.

      3.   A landscaping plan. (Ord. 853, 6-8-1992)

   D.   Placement Permit And Utility Connections: No person or entity shall be issued a permit for the placement of a mobile home, or allowed new municipal utility connections, on any property upon which exists a violation of any zoning, building or public health and safety provision of this code (titles 4, 11 and 12) or of state building codes or regulations.

   E.   Discontinuance Of Utility Service: The public works director or his designee shall discontinue any existing municipal utility services to any property upon which exists a violation of any zoning, building or public health and safety provision of this code (titles 4, 11 and 12) or of state building codes or regulations, until the violation is corrected. (Ord. 1061, 6-10-2002)

   F.   Conditions For Issuance: No application for an aesthetic review permit shall be granted unless:

      1.   The manufactured or mobile home is placed on the lot within the applicable setbacks.

      2.   The manufactured home is oriented so that the front of the manufactured home is approximately parallel to the front of the lot. Regarding corner lots, the owner or occupant of the manufactured home may choose which street the front of the home will be parallel to, unless the lot dimensions parallel to the two (2) streets are more than twenty feet (20') different. In such a case, the front of the manufactured home shall be oriented so that it is approximately parallel to the longer of the two (2) lot dimensions.

      3.   The manufactured or mobile home will be skirted, if necessary, with material similar in color and texture to the exterior of the manufactured or mobile home so that the home will, to the extent possible, look like a home site built on a foundation. In no case shall there be a gap visible between the bottom of the manufactured or mobile home and the ground. (Ord. 853, 6-8-1992; amd. Ord. 1061, 6-10-2002)

      4.   The applicant agrees to appropriately landscape the lot within six (6) months of the issuance of the aesthetic review permit, pursuant to an approved landscaping plan. The landscaping plan shall provide appropriate shrubs or other foliage to camouflage the tongue of the manufactured mobile home, or remove the tongue when possible. (Ord. 881, 6-13-1994; amd. Ord. 1061, 6-10-2002)

      5.   If appropriate landscaping is not planted and maintained, as required by the landscaping plan, then the aesthetic review permit may be revoked upon not less than ten (10) days' notice to the occupant of the manufactured or mobile housing. Upon revocation, the manufactured or mobile home shall be removed.

   G.   Skirting: Any new installation of a manufactured or mobile home must have skirting, required by this section, within three (3) months from the date of installation of the home, and all existing manufactured or mobile homes must have skirting required by this section within one year of the adoption of this section. (Ord. 853, 6-8-1992; amd. 2001 Code; Ord. 1061, 6-10-2002)

   H.   Application Fee: An aesthetic review fee of ten dollars ($10.00) shall be paid before the aesthetic review application will be processed. (Ord. 1052, 12-10-2001; amd. Ord. 1061, 6-10-2002)

Any violation of this chapter shall be punishable, upon conviction, pursuant to section 1-4-1 of this code. (Ord. 786, 3-14-1988)