Deming City Zoning Code

CHAPTER 15

MOBILE HOME PARKS; RECREATIONAL VEHICLE PARKS

12-15-1: PURPOSE:

The purpose of this chapter is to assure that future developments of mobile home parks and recreational vehicle parks are suitable for the intended purpose and to ensure that future developments of this type are harmonious with the development of the city to create conditions favorable to the health, safety and welfare of the citizens of Deming. (Ord. 933, 10-14-1996)

12-15-2: DEFINITIONS:

ACCESS STREET: Street used for the entry and exit to the mobile home park or RV park from a public street.

CROSSWALK: A right of way, city or privately owned, which cuts across a block to furnish access for pedestrians to adjacent streets or properties.

EASEMENT: A right granted to use certain land for a special purpose not inconsistent with the general property rights of the owner.

FINAL SUBDIVISION PLAN: A plan prepared for recording by a registered engineer or surveyor.

MOBILE HOME: A movable or portable housing structure that exceeds a width of eight feet (8') or a length of forty feet (40') or a minimum size equal to or in excess of five hundred (500) square feet, constructed to be towed on its own chassis and designed so as to be installed without a permanent foundation for human occupancy as a residence. It may include one or more components that can be retracted for towing purposes and expanded for additional capacity, or two (2) or more units separately towable but designed to be joined into one integral unit, as well as a single unit. This definition does not include recreational vehicles as defined in this section, or modular or prefabricated homes built to uniform building code standards and designed to be permanently affixed to real property.

MOBILE HOME PARK: A tract of land of undivided ownership on which are located for habitation purposes two (2) or more mobile homes or spaces for the same.

PRELIMINARY PLAN: A plan prepared by a registered engineer or surveyor or a qualified site planner, showing existing features of the land and proposed street, utility and lot layout within and adjacent to the park.

RECREATIONAL VEHICLE: A self-contained motorized or towable vehicle designed for use as temporary living quarters with less than five hundred (500) square feet.

RECREATIONAL VEHICLE PARK: A tract of land of undivided ownership on which lots are located for habitation by two (2) or more recreational vehicles, or spaces for the same, or a mobile home park with lots or spaces to accommodate one or more recreational vehicles for business purposes or commercial profit.

SETBACK LINE: A line generally parallel to the street line, beyond which the vertical wall of a building may not project. (Ord. 933, 10-14-1996; amd. Ord. 961, 12-8-1997)

12-15-3: VARIANCES:

A. Hardship: Where the city council finds that hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided, that such variation will not have the effect of nullifying the intent and purpose of the community plan on these regulations.

B. Conditions: In granting variances and modifications, the city council may require such conditions as will, in its judgment, secure substantially the objectives and standards of requirements so varied or modified. (Ord. 933, 10-14-1996)

12-15-4: APPLICABILITY:

A. Enforcement: These regulations shall be binding upon and enforceable against all mobile home and recreational vehicle parks in existence upon the date of enactment of these regulations, against all parks under construction at the time of enactment of these regulations and against all parks begun after enactment of these regulations, except as specifically exempted below.

B. Exemptions: The following parks are exempt from compliance with these regulations:

1. All parks in existence upon the date of enactment of these regulations are exempt in the condition they were in as of November 1, 1995;

2. Any improvements or expansions to parks in existence upon the date of enactment of these regulations completed after November 1, 1995, but pursuant to written plans of development that were properly approved or in the process of obtaining approval as of November 1, 1995;

3. Any improvements of upgrades to parks existing as of the date of enactment of these regulations where the improvements or upgrades consisted solely of improving or upgrading the quality of existing spaces, lots or buildings;

4. Any construction in existing parks begun after November 1, 1995, where the construction consisted solely of repairing or replacing spaces, lots or buildings existing as of November 1, 1995, and damaged after November 1, 1995, including damage incurred at any time after enactment of these regulations.

C. Existing Parks: For the purpose of this section only the term "existing parks" is defined as any area that is fenced, is designated as part of the park or is within the boundaries of the park; provided, that the area in question is a fully developed and operational part of the park. Specifically excluded from this definition are fenced areas that consist of unimproved or raw land, or land that has merely been cleared of rubbish or native vegetation. (Ord. 933, 10-14-1996)

12-15A-1: PARK SIZE; MOBILE HOME SIZE AND AGE:

A. Park Size: Mobile home parks shall be at least two (2) acres in size.

B. Mobile Home Size: No mobile home with less than five hundred (500) square feet shall be allowed in any mobile home park.

C. Mobile Home Age: There are no prohibitions regarding the age of mobile homes allowed in mobile home parks; however, prior to placement in a mobile home park, each unit must pass all applicable health and safety regulations. (Ord. 933, 10-14-1996)

12-15A-2: SETBACK DISTANCES:

A. Front And Back: All lots must allow for front and back setback distances of ten feet (10'), measured from the lot line to any point on the mobile home, not including the tongue.

B. Sides: All lots must have one side setback of five feet (5'), measured from the side lot line to any point on the mobile home. The other side must be set back twenty feet (20'), measured from the side lot line to any point on the mobile home, to allow for off-street parking.

C. Corner Lots: All corner lots must have setbacks of at least ten feet (10') from all lot lines with street frontage in addition to satisfying the twenty foot (20') side setback mentioned in subsection B of this section.

D. Lot Size: The minimum allowable lot size that complies with the setback requirements is thirty five feet (35') wide and seventy feet (70') deep for a ten foot (10') wide and fifty foot (50') long mobile home. Larger units will require larger lots. (Ord. 933, 10-14-1996)

12-15A-3: PARKING:

A. Required; Location: Off-street parking is required for all mobile home parks. The off-street parking shall be located on the side of the mobile home which is set back twenty feet (20') measured from the side lot line to any point on the mobile home.

B. Driveway Width: The driveway shall be at least fifteen feet (15') wide.

C. On-Street Parking: On-street parking shall not be allowed, except on a temporary basis and for visitors. (Ord. 933, 10-14-1996)

12-15A-4: ACCESS STREETS:

Access streets for mobile home parks shall be at least forty feet (40') wide. Access streets shall be either paved or gravel. No sidewalks shall be required. However, the planning and zoning commission reserves the right to require sidewalks where it is determined that the potential volume of pedestrian traffic, vehicular traffic or safety considerations requires them. Speed limits shall be posted. (Ord. 933, 10-14-1996)

12-15A-5: FENCING:

A. Height: The perimeter of the mobile home park shall be fenced with a minimum height of four feet (4').

B. Construction Materials: Fences must be of chain link or other acceptable substances. No tires or tin fences shall be allowed.

C. Specifications: All fence specifications must comply with other applicable ordinances and regulations. (Ord. 933, 10-14-1996)

12-15A-6: LIGHTING:

The park perimeter must be adequately lighted. Each occupied individual space must have a light. The overall lighting plan must be included in the plans submitted to the planning and zoning commission for approval. (Ord. 933, 10-14-1996)

12-15A-7: PARK RULES:

The park owner must comply with all applicable city ordinances and regulations and ensure compliance by tenants. The park owner is responsible for the enforcement of park rules. Park rules must be distributed to each tenant. (Ord. 933, 10-14-1996)

12-15A-8: FIRE PROTECTION:

The number and location of fire hydrants must comply with applicable fire codes and regulations and is subject to approval by the planning and zoning commission or its designee. (Ord. 933, 10-14-1996)

12-15A-9: ADDRESSES:

A. Street Address; Space Numbers: The street address for the mobile home park must be displayed at each entrance to the park. Each space must be numbered visibly to be in compliance with city code.

B. Included With Plan: Street names, addresses or space numbers must be included on the plan submitted to the planning and zoning commission for approval. (Ord. 933, 10-14-1996)

12-15A-10: ACCESSORY BUILDINGS:

A. Approval Required: Site-built accessory buildings are allowed but must be included in the plans submitted to the planning and zoning commission for approval. Additional buildings, not included on said plans, must be approved by the planning and zoning commission or its designee before construction begins.

B. Laundry; Office; Entertainment: Buildings will be allowed for an on-site laundry facility, offices, entertainment, and maintenance and storage. The plan may also allow for individual storage units for each space or lot. Site-built structures for living quarters shall not be allowed whether they are freestanding or built as attachments or add-ons to a mobile home. Decks, porches and awnings shall be allowed.

C. Compliance With Regulations; Aesthetic Review Permit: All on- site buildings must comply with applicable ordinances and regulations, including setback, and must obtain an aesthetic review permit. (Ord. 933, 10-14-1996)

12-15A-11: LAUNDRY FACILITIES:

A. Use By Tenants: On-site laundry facilities may be coin- operated, but must be limited to tenants. No commercial laundromat may be operated for the benefit of or be open to the general public.

B. Compliance With Local, State And Federal Regulations: The laundry facility must comply with applicable federal, state and local laws, including those relating to discharge of gray water. (Ord. 933, 10-14-1996)

12-15A-12: STANDARDS FOR MOBILE HOMES:

All mobile homes must meet or exceed health and safety code and fire code standards. (Ord. 933, 10-14-1996)

12-15A-13: ZONING:

Mobile home parks shall be allowed in B-1 and T zoned areas of the city, or as otherwise designated by the city council. (Ord. 933, 10-14-1996)

12-15A-14: LANDSCAPING:

Each plan submitted for approval to the planning and zoning commission must include a landscaping plan. At a minimum, the plan must provide that each lot within the mobile home park be uniform in appearance. (Ord. 933, 10-14-1996)

12-15A-15: COMMON AREAS:

Common areas may by designated and maintained in the discretion of the developer or park owner, but are not required. Any designated common areas must be shown on the plan to be submitted to the planning and zoning commission for approval. (Ord. 933, 10-14-1996)

12-15A-16: PHASES:

A. Size: Each phase or addition to the mobile home park as described by the plan submitted and approved by the planning and zoning commission must be a minimum of five (5) trailers or twenty five percent (25%) of the total land area of the mobile home park, whichever is greater.

B. Permit Fee; Extension: The plan for the proposed phase must be submitted to the planning and zoning commission with a fee of one hundred dollars ($100.00) in accordance with the procedures established herein. The phase must be completed within one year after a permit approving the phase is issued. A one-time ninety (90) day extension may be granted within which to complete the phase. If not completed within that time frame, a new fee and application must be filed and a permit must be issued to continue.

C. Renewal Or Issuance Of New Phase Permit: Each renewal or new issuance of a phase permit subjects the entire project to the mobile home park regulations then in effect and any deficiencies or noncompliance must be addressed in addition to completing the new phase. (Ord. 933, 10-14-1996)

12-15A-17: PERMITS; FEES:

Each plan, whether for a new park or an additional phase to an existing park, must be submitted to the planning and zoning commission along with a one hundred dollar ($100.00) fee. (Ord. 933, 10-14-1996)

12-15A-18: PROCEDURE:

A. Compliance Required: In planning and developing a park, the owner or developer or his agent shall comply with the principles and requirements set forth in this article.

B. Meet With Planning And Zoning Commission: In order that a general agreement may be reached prior to any considerable investment in land planning, the owner or developer shall meet with the planning and zoning commission or its designated representatives prior to formal application to discuss his plans, and shall prepare suitable sketches and plans sufficient to give a general understanding of his proposal.

C. Information From Commission: The planning and zoning commission shall inform the owner or developer as to the general suitability of the plans, and as to any modification it deems desirable and shall express its reasons for any required modification, and indicate the areas that appear to be acceptable for development.

D. Preliminary Plan: On reaching conclusions as recommended above regarding the general program objectives, the owner or developer shall prepare and submit a preliminary plan together with the improvement plans and other supplementary material as required. This plan shall cover the entire tract of land concerned unless the planning and zoning commission authorizes a lesser area. The preliminary plan with specified supplementary material shall be submitted to the planning and zoning commission with written application for conditional approval at least ten (10) days prior to the meeting at which it is to be considered.

E. Notify Adjacent Landowners: The owner or developer shall ascertain, according to the latest available tax list, the names and addresses of the owners of all parcels of land which are located within the lesser of three hundred feet (300') or one block of the park. The planning and zoning commission shall notify such owners by mail of the application to develop the property concerned and of the meeting at which the application is to be considered.

F. Review Of Plan By Commission: The planning and zoning commission shall review the preliminary plan and other materials submitted to determine compliance with this chapter and other applicable ordinances and regulations. The planning and zoning commission may consult the city engineer or any other officials or departments deemed necessary.

G. Commission Approval Or Disapproval: Within forty (40) days of the submission or resubmission of a plan for approval, the planning and zoning commission shall act thereon as submitted, stating either its approval, conditional approval (including conditions), or disapproval (including objections) to the plan.

H. Authorization Of Submission Of Final Plan: The planning and zoning commission may authorize the submission of a final plan covering only part of the area included in the preliminary plan and may designate portions acceptable for such development.

I. Copies Of Preliminary Plan Distributed: The action of the planning and zoning commission shall be noted on three (3) copies of the preliminary plan, referenced and attached to any conditions determined. One copy shall be returned to the owner or developer, one delivered to the city engineer, or other designated official, and the third shall be retained by the planning and zoning commission.

J. Guide For Preparation Of Final Plan: Approval of the preliminary plan shall not constitute approval of the final plan, but rather an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan which shall be submitted for the approval of the planning and zoning commission upon satisfaction and compliance with the provisions of this chapter and all other applicable ordinances and regulations.

K. Application For Approval Of Final Plan: Upon completion of the modifications required by the planning and zoning commission, the owner or developer may apply for approval of the final plan. Such application shall be made within twelve (12) months after approval of the preliminary plan; otherwise, unless an extension of time is applied for and granted by the planning and zoning commission, such approval shall be null and void. The application for approval of the final plan shall be submitted in writing to the planning and zoning commission at least ten (10) days prior to the meeting at which it is to be considered. Drawings and information accompanying such application shall be as described herein.

L. Review Of Final Plan: The planning and zoning commission shall review the final plan for conformance with the approved or conditionally approved preliminary plan and all other requirements of this chapter.

M. Approval Or Disapproval Of Final Plan: Within thirty five (35) days of submission of complete information required for approval of the final plan, the planning and zoning commission shall approve or disapprove said plan, stating in writing its objections and reasons for disapproval, if any.

N. Recording Final Plan With County: After final approval, the owner or developer shall file or record the final plan, within ninety (90) days, with the Luna County clerk and so notify the planning and zoning commission by providing the planning and zoning commission with a certified copy of the filed plan. Should the owner or developer fail to record the plan within such period, said approval shall be deemed revoked and the owner or developer must reapply and pay the fee and seek renewed approval. (Ord. 933, 10-14-1996)

12-15A-19: DESIGN STANDARDS:

A. Unsuitable Land: Land deemed by the planning and zoning commission to be unsuitable for human habitation because of health, safety, sanitary or other problems shall not be planned for residential occupancy, nor for such other uses as may pose a danger to health, life or property, but such land within the plan shall be set aside for such uses as are appropriate to conditions existing.

B. Conformance With Official Map: The development plan shall conform to the official city map.

C. Street Layout: The street layout shall be logically related to the topography of the land, especially with the relation to grades and storm runoff.

D. Continuation Of Existing Streets: Proposed streets shall provide for appropriate continuation or completion of any existing streets that come to the boundary line of the adjoining property unless otherwise recommended by the planning and zoning commission.

E. Nonlocal Traffic: Local residential streets shall be so planned as to discourage use by nonlocal traffic.

F. Center Line Of Street: The center line of a street opening into another street shall either intersect or be separated by at least one hundred twenty five feet (125').

G. Local And Secondary Streets: Intersecting local and secondary streets shall not empty onto the same side of a major thoroughfare at an interval less than three hundred feet (300'). Access streets as defined herein are excluded from this requirement.

H. Intersections: Streets ordinarily shall intersect as nearly at right angles as is practical.

I. Access: Suitable access and street openings for adjacent undeveloped land shall be provided.

J. Cul-De-Sacs: For cul-de-sac streets, five hundred feet (500') shall be considered the desirable maximum length unless topography or other factors justify a greater distance. Such streets shall be provided with a turnaround having a minimum property line radius of fifty feet (50') and T or L alley chord lengths of twenty five feet (25') on the center line.

K. Multiple Intersections: Multiple intersections involving the junction of more than two (2) streets shall be avoided.

L. Avoid Traffic Hazard: Where any street intersection will involve topographic features of existing vegetation inside any corner lot that might create a traffic hazard by limiting visibility, such ground or vegetation shall be cut in conjunction with the grading of the public right of way to the extent deemed necessary to provide adequate sight distance and vision clearance area at the corner lot for a distance of thirty feet (30') back from the corner which shall be kept clear of all structures and vegetation exceeding a height of thirty inches (30").

M. Dead-End Roads: Any roads or alleys temporarily dead-ended because of authorized stage development shall be provided with a suitable, all-weather turnaround on the property of the owner. The use of such turnaround is to be guaranteed to the public until such time as the road is extended.

N. Half Streets: When adjoining undeveloped property, a half street may be dedicated.

O. Horizontal Curves: The minimum radius at the center line for horizontal curves shall be five hundred feet (500') for primary streets, three hundred feet (300') for secondary streets and one hundred fifty feet (150') for local streets.

P. Sight Distance: Adequate sight distance should be provided with respect to both horizontal and vertical alignment. Measured along the center line, it should be four hundred feet (400') for primary roads, two hundred feet (200') for secondary roads and one hundred fifty feet (150') for local roads.

Q. Street Width: The width shall not be less than forty feet (40') for access streets. All other streets must comply with the provision in the subdivision regulations .

R. Alleys: Alleys shall be required unless this requirement is expressly waived by the planning and zoning commission. If alleys are not required, adequate access must be provided for all utility easements. However, if alleys are provided, they must be a minimum of twenty feet (20').

S. T Or L Alleys: A chord length of twenty five feet (25') shall be required on T or L alleys.

T. Additional Widths: Additional widths may be required by the planning and zoning commission or its designee as deemed necessary.

U. Reserve Strips: The creation of reserve strips, prohibiting access to lots or streets, shall not be permitted.

V. Street Names: The developer or owner may choose his own street names subject to the approval of the planning and zoning commission. No street names shall be used which will duplicate or be confused with the names of existing streets except for an extension of an existing street.

W. Street Cross Sections: Street cross sections shall be designed by the city engineer or other designated person and approved by the planning and zoning commission.

X. Street Right Of Way: Every lot shall abut on a street or other right of way as may be approved by the planning and zoning commission.

Y. Corner Lots: Corner lots shall be sufficiently wide to allow the required setback on both street frontages.

Z. Blocks: All parks with more than one hundred (100) lots shall have blocks with a minimum length of three hundred feet (300') and a maximum of nine hundred feet (900').

AA. Drainage: Adequate provision shall be made for drainage or containment of storm water subject to approval of the city engineer or other designated person. (Ord. 933, 10-14-1996)

12-15A-20: UTILITY EASEMENTS:

Utility easements to provide for sewer, water, gas mains or power lines shall have a minimum width of ten feet (10'). It is required that all final plans presented to the planning and zoning commission be accompanied by evidence that all utilities concur that easements indicated on the plan are suitable for their servicing area or that no easements are required. The decision of the planning and zoning commission as to such easements shall be final. (Ord. 933, 10-14-1996)

12-15A-21: DEDICATIONS AND RESERVATIONS FOR PUBLIC USE:

A. Dedication Or Payment In Lieu: In all instances where the total area of the park shall be ten (10) acres or more in size, the owner or developer shall provide areas comprising or constituting ten percent (10%) of the total area to be developed and dedicated by such owner or developer to the city for recreation, park or playground purposes. In all such instances said owner or developer shall dedicate the needed portion of the developed area for such purposes indicated on the park plans. Provided, however, that upon the election by the owner or developer and in lieu of the dedication for public use, the owner or developer may pay to the city a sum to be computed on the total front footage within the park at the rate of one dollar ($1.00) per front foot per lot for the purpose of acquisition by the city of land for public use.

B. Payment: In all instances where the total area of the park shall be less than ten (10) acres, the owner or developer shall not dedicate any area for public use, but shall pay the city the sum of one dollar ($1.00) per front foot as provided above at the time of approval of the final plan by the city council. (Ord. 933, 10-14-1996)

12-15A-22: DEDICATION OF STREETS:

All streets and public ways open for public use, and not specifically marked "Not Offered For Dedication" shall be irrevocably offered for dedication or recording on the final plan. (Ord. 933, 10-14-1996)

12-15A-23: SEWER FACILITIES:

A. Connection To Public System: Where public sewer is available or definitely planned, sanitary sewers shall be designed providing a connection to each lot. Sewers connecting to public systems shall be designed according to the standards of the city engineer. No storm water shall be allowed to enter sanitary sewers.

B. Project Sewer Systems: Where public sewer is not available, owners and developers are urged to consider project sewer systems. On-the-lot sewage disposal systems are generally unsatisfactory even when carefully designed and constructed and given the best of maintenance. Poor design, inadequate construction or poor maintenance can result in conditions dangerous to health and generally obnoxious to the senses.

C. State Approval Of Plans: Project systems shall be designed by a registered engineer, shall provide a six inch (6") connection for each lot, and shall have an adequate sewage disposal plan with suitable arrangements for the operation thereof. Plans shall be approved by the New Mexico environment department.

D. On-The-Lot Systems: On-the-lot systems shall conform, at a minimum, to environment department standards and specifications. Both the water supply and sewage, if either are to be on-the-lot systems, shall be shown on the plan and approved by the local health officer and the environment department. (Ord. 933, 10-14-1996)

12-15A-24: WATER SUPPLY AND FIRE HYDRANTS:

A. Supply Available: Where public or approved central water supply is available, a system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrant locations to meet the association of fire underwriter's specifications for a protected area. Such systems shall be approved by the city engineer or other designated person. The owner or developer shall inquire with the city council regarding the extension of city facilities at the time the project is approved.

B. Supply Not Available: Where no public or approved central water supply is available, water systems shall be designed by a registered engineer, shall be approved by the city engineer or other designated person and shall meet the requirements of city and state authorities having jurisdiction.

C. Plans: All water systems shall be shown on the plans submitted to the planning and zoning commission for approval. (Ord. 933, 10-14-1996)

12-15A-25: PRELIMINARY PLAN:

A. Purpose: The preliminary plan of a park is not intended to be recorded. Its purpose is to show graphically all facts needed to enable the planning and zoning commission to determine whether the proposed layout of land in question is satisfactory from the standpoint of public interest. The preliminary plan should be designed by a qualified technician, trained and experienced in the layout of subdivisions or mobile home and RV parks, and shall comply with the standards listed herein.

B. Sketch Of Future Development: Where the preliminary plan submitted covers only a part of the owners' or developers' property, a sketch of the prospective future development, including future streets in the undeveloped property shall be furnished. The street system of the undeveloped parts will be considered in the light of adjustments and connections with future streets in the undeveloped property.

C. Required Information: The owner or developer shall submit three (3) copies of the information listed below to the planning and zoning commission, with all prints to be in blue line or black and white.

1. A vicinity sketch shall be submitted with the preliminary plan, at a scale of one inch equals one hundred feet (1" = 100') showing the relationship of the plan to its general surroundings and showing the following details:

a. All existing or mapped streets within one hundred feet (100') of the park;

b. All proposed streets with the connections to existing or mapped streets;

c. Proposed direction of flow for storm water in relation to natural drainage channels; and

d. City boundaries within one thousand feet (1,000') of the park.

2. A layout plan of the park at a minimum scale of one inch equals two hundred feet (1" = 200') on a sheet size eighteen inches by twenty nine inches (18" x 29") (standard border) showing the following information:

a. Items pertaining to title (to be grouped if possible);

b. Proposed name of the park;

c. Name and address of the owner or developer, the engineer and any other professionals assisting in preparation of the plan;

d. Scale;

e. North point; and

f. A statement vacating or revoking prior plans.

3. Existing site conditions affecting the plan, including:

a. Tract boundaries, as surveyed and certified by a registered surveyor or engineer, to be a closed traverse. The error of closure shall not be greater than one foot (1') in three thousand feet (3,000'). All congressional townships and lines of incorporated areas shall be shown;

b. Existing buildings and watercourses, culverts and drains;

c. Existing streets, alleys and easements within one hundred feet (100') of the park;

d. The names of all subdivisions or parks immediately adjacent, intersecting points of adjacent lots, and the names of owners of record of adjacent acreage;

e. The locations and sizes of any existing sewers, water lines, fire hydrants and gas mains, on or within one hundred feet (100') of the tract, with pipe sizes and grades indicated and invert elevations where necessary;

f. Contours, with vertical intervals of two feet (2') for land with average natural slope of four percent (4%) or less, at vertical intervals of five feet (5') for more steeply sloping land. Such information is to be related, where practical, to USGS benchmarks or other datum as established by the city engineer;

g. Significant tree masses and isolated trees;

h. The location and widths of any streets, public ways, sewer or water lines, the location and size of parks, or other public places, shown upon an official plan adopted by the planning and zoning commission and the location of any improvements on the site shown on the official city map; and

i. Zoning boundary lines, if any.

4. Proposed improvements, including:

a. Location and width of all proposed streets, roads, alleys and utility easements;

b. Parks, playgrounds, and other public areas proposed for dedication;

c. Proposed street names and lot numbers;

d. Lot lines and approximate dimensions of lots and number of lots;

e. Designation of streets, rights of way, easements, and other areas proposed to be dedicated or reserved for public use, together with the conditions of such dedications or reservations;

f. General drainage plan for storm water;

g. Proposed use and proposed setback lines;

h. The plans and profile of proposed sanitary sewers, with manholes, invert elevations, grades and sizes indicated on plans and proposed location of on-the-lot sewage disposal facilities;

i. A plan of the proposed water distribution system, showing pipe sizes and location of valves and fire hydrants or a plan showing the location of individual wells; and

j. Copies of any proposed protective covenants to be included in the deed shall be attached to the plan.

5. Surface drainage plan, including:

a. A map at the same scale as the layout plan;

b. Park boundaries, contour intervals, proposed streets, lot lines, and proposed major changes in grade; and

c. All proposed drainage courses. (Ord. 933, 10-14-1996)

12-15A-26: FINAL PLAN:

A. Information Required: The final plan shall be of mylar, in conformity with the county clerk's requirements and shall be recorded with the county clerk and include the following:

1. Preliminary control points described, and ties to regular park lines, to which all dimensions, angles, bearing and similar data on the plan shall be referred;

2. Park boundary lines, rights of way, lines of streets, easements and other rights of way and property lines of all lots, blocks and alleys;

3. Accurate dimensions, bearing and deflection angles and radii, arcs and center lines of all curbs;

4. Names of streets, block numbers and signature of owners. The lots and blocks within the park shall be numbered and lettered in a manner satisfactory to the planning and zoning commission; and

5. The approval and signature of the owner or developer, appropriate officials of the planning and zoning commission, the mayor and city clerk and the certificate from a licensed engineer or surveyor, and of the county clerk upon recording.

B. Additional Information: The final plan for the planning and zoning commission shall, in addition to the information required herein, also include the following:

1. Curb and gutter grades, proposed sewer grades, proposed water lines, proposed sewer lines, proposed gas lines and protective covenants attached, and such other certificates, affidavits, endorsements and dedications as may be required by the planning and zoning commission in the enforcement of these regulations;

2. A legend for all utility lines and corresponding sizes;

3. Title shall be displayed in the lower right-hand corner, and all appended material shall refer to the same title; and

4. A suitable border having a margin of not less than one-half inch (1/2") on all sides. (Ord. 933, 10-14-1996)

12-15A-27: REQUIRED IMPROVEMENTS:

A. List Of Improvements: The following is a complete list of the required improvements to be installed by the owner or developer of a park with one hundred (100) or more lots in all phases of the project. In the event the city council shall, by resolution, indicate their intention to install any part of such improvements, the planning and zoning commission may relieve the owner or developer of liability for such portion of the installations.

B. Curb And Gutter: The owner or developer of said park who is requesting approval shall be liable for and shall install at his own expense the necessary curb and gutter and shall cause the grade of any street to be set or established in accordance with the specifications as prescribed by the city engineer or other designated person within one hundred eighty (180) days after filing the final plan of the park or any part thereof with the county clerk.

C. Approval Of Preliminary Plan: The planning and zoning commission may approve the preliminary plan as to such entire park or any part thereof. In the event stage or block development is desired, the planning and zoning commission may approve the final plan for the particular block or area development of such park or any part thereof. The owner or developer shall be required to install such prescribed improvements within ninety (90) days from the date of sale of any lot or portion thereof, within the particular block of such park, or within ninety (90) days from the date of issuance of a proper building permit by the city for construction upon any such lot or portion thereof. In no case shall the owner or developer construct the prescribed improvements within such parks for less than one block in extent.

D. Performance Bond: In lieu of the actual and immediate installation of such prescribed improvements for the entire park or any part thereof, the owner or developer may post with the city a good and sufficient performance bond in an amount to be fixed and approved by the planning and zoning commission. Said bond to enure to the city's benefit and so conditioned to assure the installation of such prescribed improvements at a cost per linear front foot or such other cost as may be customary and proper. Such bond shall be posted and delivered to the city before acceptance and approval by the planning and zoning commission of the final plan of such park or any part thereof. Said planning and zoning commission within its discretion may from time to time release the owner or developer from his obligation upon such bond as to such prescribed improvements so constructed, completed and approved within the particular block or other area of stage development.

E. Monument Location: All monuments shown on the preliminary plan shall be located and installed under the direction of a registered engineer or surveyor.

F. Specifications For Monuments: Permanent reference monuments shall be of concrete or a durable stone at least six inches in diameter by twenty four inches in depth (6" x 24") with a metal center point.

G. Corner Markers: All lot corner markers shall be permanently located and shall be at least a one-half inch (1/2") metal pin with a minimum length of sixteen inches (16") located in the ground surface to existing grade.

H. Sidewalks: Sidewalks shall be installed as indicated on the preliminary plan.

I. Street Name Signs: Street name signs, according to standards established by the city, shall be installed at each street intersection on locations approved by the city engineer.

J. Sewer Facilities: Sewer facilities shall be installed as shown on the preliminary plan. Sewers connected or proposed for connection with established sewer systems shall be inspected and certified by the proper city department.

K. Water Mains; Fire Hydrants: All water mains, lines and fire hydrants shall be installed from each lot in the park to, and connected with, the public supply or approved central system as indicated on the preliminary plan. And the installation shall be inspected and certified by the city engineer or other designated person.

L. Wells, Septic Tanks: No wells, cesspools or septic tanks shall be constructed in any rights of way intended for public use. (Ord. 933, 10-14-1996)

12-15B-1: PARK SIZE; RV AGE, SIZE, ACCESSIBILITY:

A. Park Size: Recreational vehicle (RV) parks shall be at least one acre in size with a maximum density of eighteen (18) spaces per gross acre. Each space shall have a minimum of one thousand six hundred fifty (1,650) square feet.

B. RV Size: No RV or park model mobile home in excess of five hundred (500) square feet shall be allowed in any RV park.

C. RV Age: There are no prohibitions regarding the age of RVs allowed in RV parks, however, all RVs in an RV park must be roadworthy and be properly licensed. The park must comply with all applicable rules and regulations of the city and state.

D. Accessibility: Each RV space shall be directly accessible from one side by emergency vehicles. (Ord. 933, 10-14-1996)

12-15B-2: PARKING:

Sufficient parking for residents' automobiles shall be made available so as to avoid obstruction of ingress and egress to and from the park and emergency access. (Ord. 933, 10-14-1996)

12-15B-3: STREETS:

A. Accessibility: All spaces in the RV park shall be accessible from either the front or back of the space by an access street. Such streets shall be wide enough to allow access to emergency vehicles when all spaces are occupied, but shall not be less than twenty feet (20') wide.

B. Driveway Exits: No more than two (2) entry or exit driveways or streets shall be allowed for every three hundred feet (300') of frontage. (Ord. 933, 10-14-1996)

12-15B-4: FENCING:

A. Height: The perimeter of the RV home park shall be fenced on at least three (3) sides with a minimum height of six feet (6').

B. Construction Materials: Fences must be of chain link or other acceptable substances. No tires or tin fences shall be allowed.

C. Specifications: All fence specifications must comply with other applicable ordinances and regulations. (Ord. 933, 10-14-1996)

12-15B-5: LIGHTING:

The park perimeter must be adequately lighted. The overall lighting plan must be included in the plans submitted to the planning and zoning commission for approval. (Ord. 933, 10-14-1996)

12-15B-6: PARK RULES:

A. Compliance Required: The park owner must comply with all applicable city ordinances and regulations and ensure compliance by tenants. The park owner is responsible for the enforcement of park rules. Park rules must be distributed to each tenant.

B. Submitted With Plans: The park rules must be attached to the plans submitted to the planning and zoning commission for approval. (Ord. 933, 10-14-1996)

12-15B-7: FIRE PROTECTION:

12-15B-8: ADDRESSES:

The street address for the RV park must be displayed at each entrance to the park. Each space must be conspicuously numbered. (Ord. 933, 10-14-1996)

12-15B-9: ACCESSORY BUILDINGS:

B. Laundry, Office, Entertainment: Buildings will be allowed for an on-site laundry facility, offices, entertainment, and maintenance and storage. The plan may also allow for individual storage units for each space or lot. Site-built structures for living quarters shall not be allowed whether they are freestanding or built as attachments or add-ons to a mobile home.

C. Compliance With Regulations; Aesthetic Review Permit: All on- site buildings must comply with applicable ordinances and regulations, including setback and aesthetic review permit. (Ord. 933, 10-14-1996)

12-15B-10: LAUNDRY FACILITIES:

A. Use By Tenants: On-site laundry facilities can be provided and may be coin-operated, but must be limited to tenants. No commercial laundromat may be operated for the benefit of or be open to the general public.

12-15B-11: ZONING:

RV home parks shall be allowed in C zoned areas of the city, or as otherwise designated by the city council. (Ord. 933, 10-14-1996)

12-15B-12: LANDSCAPING:

Each plan submitted for approval to the planning and zoning commission must include a landscaping plan. The landscaping plan must also be approved and receive an aesthetic review permit. (Ord. 933, 10-14-1996)

12-15B-13: COMMON AREAS:

Common areas may by designated and maintained in the discretion of the owner or developer, but are not required. Any designated common areas must be shown on the plans submitted to the planning and zoning commission for approval. (Ord. 933, 10-14-1996)

12-15B-14: PHASES:

A. Size: Each phase or addition to the RV park as described by the plan submitted and approved by the planning and zoning commission must be a minimum of twenty five percent (25%) of the total land area of the RV park.

B. Permit Fee; Extension: The plan for the proposed phase must be submitted in accordance with the provisions herein to the planning and zoning commission with a fee of one hundred dollars ($100.00). The phase must be completed within one year after a permit approving the phase is issued. A one-time ninety (90) day extension may be granted within which to complete the phase. If not completed within that time frame, a new fee and application must be filed and a permit must be issued to continue.

C. Renewal Or Issuance Of New Phase Permit: Each renewal or new issuance of a phase permit subjects the entire project to this chapter then in effect and any deficiencies or noncompliance must be addressed in addition to completing the new phase. (Ord. 933, 10-14-1996)

12-15B-15: PERMITS; FEES:

12-15B-16: UTILITIES:

A. Water, Sewer, Electrical: RV parks shall provide individual water, sewer and electrical connections for each space, unless water is available within one hundred feet (100') of each lot, and there are at least two (2) sanitary dump facilities for each five (5) acres, or each fraction thereof, of the park.

B. Gas: Natural gas or LPG connections to individual lots are prohibited.

C. Easements: When necessary, utility easement shall be provided and shall have a minimum width of ten feet (10'). All final plans must include utility easements when deemed necessary and evidence must be presented that all utilities concur in the planned easements. The decision of the planning and zoning commission as to such easements shall be final. (Ord. 933, 10-14-1996)

12-15B-17: TOILET FACILITIES:

All RV parks shall provide the following facilities:

A. Water flush toilets and urinals shall be located within three hundred feet (300') of each lot which does not have an individual sewer connection.

B. Toilets: A minimum of four (4) toilets shall be provided for the first twenty nine (29) spaces in the park. For each additional twenty five (25) spaces, or fraction thereof, not provided with sewer connections, an additional toilet shall be provided.

C. Sink: One sink or lavatory shall be provided for the first six (6) toilets and one additional sink or lavatory shall be provided for each two (2) additional toilets, or fraction thereof.

D. Separate Facilities: Separate facilities shall be provided for men and women. Urinals shall be acceptable for up to one-third (1/3) of the toilets required in the men's facilities, except that one urinal may be used to replace one of the four (4) minimum toilets as described in subsection B of this section. (Ord. 933, 10-14-1996)

12-15B-18: PROCEDURE:

A. Compliance Required: In planning and developing a park, the owner or developer or his agent shall comply with the general principles and requirements set forth in this article.

F. Review Of Plan By Commission: The planning and zoning commission shall review the preliminary plan and other materials submitted for compliance with this chapter and other applicable ordinances and regulations. The planning and zoning commission may consult the city engineer or any other officials or departments deemed necessary.

I. Copies Of Preliminary Plan Distributed: The action of the planning and zoning commission shall be noted on three (3) copies of the preliminary plan, referenced and attached to any conditions determined. One copy shall be returned to the owner or developer, one delivered to the city engineer or other designated person and the third shall be retained by the planning and zoning commission.

K. Application For Approval Of Final Plan: Upon completion of the modifications required by the commission, the owner or developer may apply for approval of the final park plan. Such application shall be made within twelve (12) months after approval of the preliminary plan, otherwise, unless an extension of time is applied for and granted by the planning and zoning commission, such approval shall be null and void. The application for approval of the final plan shall be submitted in writing to the planning and zoning commission at least ten (10) days prior to the meeting at which it is to be considered. Drawings and information accompanying such application shall be as described herein.

M. Approval Of Disapproval Of Final Plan: Within thirty five (35) days of submission of complete information required for approval of the final plan, the planning and zoning commission shall approve or disapprove said plan, stating in writing its objections and reasons for disapproval.

N. Recording Final Plan With County: After final approval, the owner or developer shall file the final plan within ninety (90) days with the Luna County clerk, and so notify the planning and zoning commission by completing the files of the planning and zoning commission with a certified copy of the filed plan. Should the owner or developer fail to record the plan within such period, said approval shall be deemed revoked and the owner or developer must reapply and pay the fee and seek renewed approval. (Ord. 933, 10-14-1996)

12-15B-19: DESIGN STANDARDS:

A. Unsuitable Land: Land deemed by the planning and zoning commission to be unsuitable for human habitation because of health or sanitary or other problems shall not be planned for residential occupancy, nor for such other uses as may involve danger to health, life or property, but such land within the plan shall be set aside for such uses as are appropriate to conditions existing.

B. Conformance With Official Map: The development plan shall conform to the official city map.

C. Street Layout: The street layout, if any, shall be logically related to the topography of the land, especially with the relation to grades and storm runoff.

D. Continuation Of Existing Streets: Proposed streets, if any, shall provide for appropriate continuation or completion of any existing streets that come to the boundary line of the adjoining property unless otherwise recommended by the planning and zoning commission.

E. Intersections: Streets, if any, ordinarily shall intersect as nearly at right angles as is practical.

F. Street Names: In the event streets are to be included in the park, the developer or owner may choose his own street names subject to the approval of the planning and zoning commission. No street names shall be used which will duplicate or be confused with the names of existing streets except for an extension of an existing street.

G. Cross Sections: Street cross sections, if any, shall be designed by the city engineer or other designated official, and approved by the planning and zoning commission.

H. Drainage: Adequate provision shall be made for drainage or containment of storm water subject to approval of the city engineer or other designated person. (Ord. 933, 10-14-1996)

12-15B-20: SEWER FACILITIES:

Where public sewer is to be made available or definitely planned, sanitary sewers shall be designed providing a connection to each lot. Sewers connecting to public systems shall be designed according to the standards of the city engineer or other designated person. No storm water shall be allowed to enter sanitary sewers. (Ord. 933, 10-14-1996)

12-15B-21: WATER SUPPLY AND FIRE HYDRANTS:

A. Provide Adequate Supply: In RV parks intended for long term occupancy, the developer or owner is encouraged to provide a system to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrant locations to meet the association of fire underwriter's specifications for a protected area. Such systems shall be approved by the city engineer, or other designated official. The owner or developer shall inquire with the city council regarding the extension of city facilities at the time the project is approved.

B. Compliance With Local And State Regulations: Where no public or approved central water supply is available, water systems shall be designed by a registered engineer, shall be approved by the city engineer or other designated person and shall meet the requirements of city and state authorities having jurisdiction.

C. Central Location: In the event that water is not furnished to each lot, water shall be furnished in adequate amounts to supply all park residents, at full occupancy, from a central location.

D. Shown On Plan: All water systems shall be shown on the plan submitted to the planning and zoning commission. (Ord. 933, 10-14-1996)

12-15B-22: PRELIMINARY PLAN:

A. Purpose: The preliminary plan of a park is not intended to be recorded. Its purpose is to show graphically all facts needed to enable the planning and zoning commission to determine whether the proposed layout of land in question is satisfactory from the standpoint of public interest. The preliminary plan should be designed by a qualified technician, trained and experienced in the layout of RV parks, and shall comply with the standards listed herein.

B. Sketch Of Future Development: Where the preliminary plan submitted covers only a part of the owners' or developers' property, a sketch of the prospective future development, including future streets, if any, in the undeveloped property shall be furnished. The street system of the undeveloped parts, if any, will be considered in the light of adjustments and connections with future streets in the undeveloped property.

C. Required Information: The owner or developer shall submit three (3) copies of the following information to the planning and zoning commission, with all prints to be in blue line or black and white.

a. All existing or mapped streets within one hundred feet (100') of the park boundaries;

b. All proposed streets, if any, with the connections to existing or mapped streets;

c. Proposed direction of flow for storm water in relation to natural drainage channels;

d. Municipal boundaries within one thousand feet (1,000') of the park; and

e. Park boundaries.

a. Items pertaining to title (to be grouped if possible);

b. Proposed name of the park;

c. Name and address of the owner or developer, the engineer and any other professionals assisting in preparation of the plan;

d. Scale;

e. North point; and

f. A statement vacating or revoking prior plans.

3. Existing site conditions affecting the plan, including:

a. Tract boundaries as surveyed and certified by a registered surveyor or engineer to be a closed traverse. The error of closure shall not be greater than one foot (1') in three thousand feet (3,000'). All congressional townships and lines of incorporated areas shall be shown;

b. Existing buildings and watercourses, culverts and drains;

c. Existing streets, alleys and easements within one hundred feet (100') of the park;

d. The names of all subdivisions or parks immediately adjacent, intersecting points of adjacent lots, and the names of owners of record of adjacent acreage;

f. Contours, with vertical intervals of two feet (2') for land with average natural slope of four percent (4%) or less, at vertical intervals of five feet (5') for more steeply sloping land, such information to be related where practical, to USGS benchmarks or other datum as established by the city engineer;

g. Significant tree masses and isolated trees;

h. The location and widths of any streets, public ways, sewer or water lines, the location and size of parks, or other public places; shown upon an official plan adopted by the planning and zoning commission and the location of any improvements on the site shown on the official city map; and

i. Zoning boundary lines, if any.

4. Proposed improvements, including:

a. Location and width of any proposed streets, roads, alleys and utility easements;

b. Parks, playgrounds, and other public areas proposed for dedication, if any;

c. Proposed street names, if any, and space numbers;

d. Space lines and approximate dimensions of spaces and number of spaces;

e. Designation of streets, rights of way, easements, and other areas proposed to be dedicated or reserved for public use, if any, together with the conditions of such dedications or reservations;

f. General drainage plan for storm water;

g. Proposed use and proposed setback lines, if any;

h. The plans and profile of proposed sanitary sewers, with manholes, invert elevations, grades and sizes, if any, indicated on plans and where required, proposed location of on-lot sewage disposal facilities;

i. A plan of the proposed water distribution system, showing pipe sizes and location of valves and fire hydrants or a plan showing the location of individual wells; and

j. Copies of any proposed protective covenants to be included in the deed shall be attached to the plan.

5. Surface drainage plan, including:

a. On a map at the same scale as the layout plan;

b. Park boundaries, contour intervals, proposed streets, if any, space lines, and proposed major changes in grade; and

c. All proposed drainage courses. (Ord. 933, 10-14-1996)

12-15B-23: FINAL PLAN:

A. Information Required: The final plan shall be of mylar, in conformity with the county clerk's requirements and shall be recorded with the county clerk and include the following:

1. Preliminary control points described, and ties to regular park lines, to which all dimensions, angles, bearing and similar data on the plan shall be referred;

2. Park boundary lines, rights of way, lines of streets, easements and other rights of way, lines of all lots, blocks and alleys, if any;

3. Accurate dimensions, bearing and deflection angles and radii, arcs and center lines of all curbs, if any;

4. Names of streets, block numbers, signature of owners, if any. The blocks within the park, if any, shall be numbered and lettered in a manner satisfactory to the planning and zoning commission; and

B. Additional Information: The final plan for the planning and zoning commission shall, in addition to the information required herein, also include the following:

1. Curb and gutter grades, proposed sewer grades, proposed water lines, proposed sewer lines, proposed gas lines and protective covenants attached, if any, and such other certificates, affidavits, endorsements and dedications as may be required by the planning and zoning commission in the enforcement of these regulations;

2. A legend for all utility lines and corresponding sizes;

3. Title shall be displayed in the lower right-hand corner, and all appended material shall refer to the same title; and

4. A suitable border having a margin of not less than one-half inch (1/2") on all sides. (Ord. 933, 10-14-1996)

12-15B-24: REQUIRED IMPROVEMENTS:

The following is a complete list of the required improvements to be installed by the owner or developer of a park with ninety (90) or more spaces in all phases of the project. In the event the city council shall, by resolution, indicate their intention to install any part of such improvements, the planning and zoning commission may relieve the owner or developer of liability for such portion of the installations.

A. The owner or developer of said park who is requesting approval shall be liable for and shall cause the grade of any street to be set or established in accordance with the specifications as prescribed by the city engineer within one hundred eighty (180) days after recording the final plan of the park or any part thereof with the county clerk.

B. The planning and zoning commission may approve the preliminary plan as to such entire park or any part thereof. In the event stage or block development is desired, the planning and zoning commission may approve the final plan for the particular block or area development of such park or any part thereof. The owner or developer shall be required to install such prescribed improvements within ninety (90) days from the date of sale of any lot or portion thereof, within the particular block of such park, or within ninety (90) days from the date of issuance of a proper building permit by the city for construction upon any such lot or portion thereof. In no case shall the owner or developer construct the prescribed improvements within such park for less than one block in extent.

C. In lieu of the actual and immediate installation of such prescribed improvements for the entire park or any part thereof, the owner or developer may post with the city a good and sufficient performance bond in an amount to be fixed and approved by the planning and zoning commission, such bond to enure to the city's benefit and so conditioned to assure the installation of such prescribed improvements at a cost per linear front foot or such other cost as may be customary and proper. Such bond shall be posted and delivered to the city before acceptance and approval by the planning and zoning commission of the final plan of such park or any part thereof. Said planning and zoning commission within its discretion may from time to time release the owner or developer from his obligation upon such bond as to such prescribed improvements so constructed, completed and approved within the particular block or other area of stage development.

D. All monuments shown on the preliminary plan shall be located and installed under the direction of a registered engineer or surveyor.

E. Permanent reference monuments shall be of concrete or a durable stone at least six inches (6") in diameter by twenty four inches (24") in depth with a metal center point.

F. Any corner markers shall be permanently located and shall be at least a one-half inch (1/2") metal pin with a minimum length of sixteen inches (16") located in the ground surface to existing grade.

G. Sidewalks, if any, shall be installed as indicated on the preliminary plan.

H. Street name signs, if streets are included, according to standards established by the city, shall be installed at each street intersection on locations approved by the city engineer.

I. Sewer facilities, if any, shall be installed as shown on the preliminary plan. Sewers connected or proposed for connection with established sewer systems shall be inspected and certified by the proper city department.

J. Any water mains, lines and fire hydrants shall be installed from each lot in the park to, and connected with, the public supply or approved central system as indicated on the preliminary plan. And the installation shall be inspected and certified by the city engineer or other designated official.

K. No wells, cesspools or septic tanks shall be constructed in any rights of way intended for public use. (Ord. 933, 10-14-1996)