The purpose of this Section is to present minimum standards for the installation of manufactured homes in appropriate Districts as well as Manufactured Home Parks, Subdivisions and RV Parks within the City of Truth or Consequences.

The City of Truth or Consequences encourages the installation of well-constructed aesthetically pleasing manufactured homes in the Districts in which they are permitted. The City realizes that most such installations will be more or less permanent, and will provide a permanent housing source for residents of the City. Therefore, this article attempts to create the proper standards for manufactured home installation, which are pleasing to the eye and lend to the improvement of the overall community.

A.

DISTRICT RESTRICTIONS. A manufactured home located in a District as a single-family house shall conform to specific standards in that District. Individual MH's are permitted by right in the R-1, R-2, R-3, RR-1 and T-1 Districts; by right and by special use in specified portions of C-1 Districts, and allowed by right in Manufactured Home Parks and Subdivision. MHP's are permitted by right in R-3 Districts and are permissible by special use in R-2, C-1 and T-1 Districts. RVP's are permissible by special use in R-3, RR-1, C-1, M-1 and T-1 Districts.

B.

MANUFACTURED HOMES ON INDIVIDUAL LOTS. The following provisions apply to manufactured homes placed on individual lots or located within MHP's, MHS's or RVP's and are in addition to the General Conditions stated in Article 11-11-2.E.

1.

Placement in R-1 Districts:

a.

Home must be a minimum of one thousand, two hundred (1,200) square feet in heated area and twenty-four (24) feet in width.

b.

Home must meet the definition for modular or prefabricated housing as defined in this Code and for manufactured housing as defined in the New Mexico Manufactured Housing and Zoning Act of 1987, and shall not be a home built on permanent chassis for towing.

2.

Placement in Other Districts:

a.

R-2 District: Home must be a minimum of nine hundred (900) square feet in heated area and twenty-four (24) feet in width.

b.

R-3, C-1 or T-1 Districts: Home must be a minimum of five-hundred fifty (550) square feet.

c.

RR-1 District: Home must be a minimum of eight-hundred (800) square feet.

d.

R-4 District: Home must be a minimum of one thousand, two hundred (1,200) square feet.

3.

For all Districts, except within MHP's: Homes must be on a permanent foundation as specified by the New Mexico Manufactured Housing Division Regulations (MHD 93-1) as now adopted and hereafter amended.

C.

DEVELOPMENT REQUIREMENTS. Development standards and additional requirements are provided in Articles X, and XII through XIV of this Code.

D.

MANUFACTURED HOME INSTALLATION PERMIT REQUIRED. In addition to any permits required by the state for moving and placement, or foundation/other construction, a Manufactured Home Installation Permit must be obtained from the City before placement of a manufactured home within the City limits. Permit application forms may be obtained from the designated Zoning Administrator's Office.

E.

GENERAL CONDITIONS. Except for installations in MHP's, all manufactured homes within the City are required to be set up on permanent foundations in accordance with the State Manufactured Housing Division Rules and Regulations. Installations in MHP's can be on non-permanent foundations in accordance with the State Manufactured Housing Division Rules and Regulations.

1.

Wheels to be removed: Since MH's are considered to be permanent housing units, the City requires that the wheels of the MH's, if present, shall be removed during the installation process.

2.

Non-Exposure of Undercarriage: MH undercarriages, if present, shall be concealed by either:

a.

An appropriate skirting installed in accordance with the 1993 Manufactured Housing Act of the state as now adopted and hereafter amended. If the tongue is not removed from the MH, it must be skirted in like manner and material as the MH.

b.

Entrenching the home to a depth equal to the height of the undercarriage. Any such entrenching shall have provisions for drainage away from the unit.

c.

Concealment of the undercarriage must be completed within sixty (60) days of placement of the unit.

3.

Damaged Units: The City will not allow damaged units to be installed within the City limits.

4.

Steps: All MH units shall have permanent steps affixed to all exits.

5.

Maintenance: all manufactured housing units shall meet all existing City Codes related to proper appearance and maintenance of buildings and properties.

6.

Standards: All MH units shall be constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401. et seq. as amended or carry NMBC state approval. Additionally, all MH Units that are installed at any particular location within the City limits shall not be twenty (20) years or older at the time of instillation. Any unit to be used for non-residential purposes shall meet all NMBC standards and shall be in full compliance with requirements for access to the disabled as required by State Rule MHD 90-1 as amended.

7.

Removal: If a MH is removed the site shall be restored to original or better condition.

F.

OTHER CONSTRUCTED IMPROVEMENTS. All porches, patios, permanent steps, accessory buildings, additional to a manufactured housing unit and any other constructed improvements shall be required to comply with the New Mexico Building Code and the building permit obtained in accordance with City ordinances.

G.

OTHER REQUIREMENTS. All other requirements not covered herein shall be as required by the State Manufactured Housing Act and Regulations.

(Ord. No. 684, § 1, 7-12-17)

A.

PURPOSE. A special use permit is required in RR-1, C-1, and T-1 Districts for all MHP developments and is intended to provide for the development of manufactured home parks at standards consistent with the health, safety and welfare of the community. MHP's are permitted by right in R-1 District. Special use permits must be acquired in accordance with Article 5 of the Code. All properties that contain three (3) or more manufactured or mobile homes or trailers shall be considered manufactured home parks.

B.

DEVELOPMENT REQUIREMENTS. Development standards and other requirements are provided in Articles X, and XII through XIV of this Code. A site plan, landscaping plan and a drainage plan must be approved by the City of any MHP.

C.

DESIGN STANDARD.

1.

Swimming pools are permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line or home space boundary, and approval from all utilities is required to insure safety. All rates in fences shall be self-closing and equipped with self-latching devices.

2.

All manufactured home parks shall have perimeter walls or sight obscuring fences at least five (5) feet in height as approved by the City.

3.

All manufactured home parks shall have a landscape concept, as approved by the City, for all areas not devoted to structures, streets, alleys, drives, walks and paths.

4.

Walls, fences and hedges shall conform to Article 13, with the following exception:

a.

A clear-sight triangle of twenty-five (25) feet in both directions on the home space from the corner of the internal streets is required. A clear-sight triangle of at least twenty-five (25) feet is required at all MHP entrances and exists.

5.

Utility placement shall be approved by the City.

6.

A paved or concrete patio of not less than one hundred (100) square feet adjacent to each unit foundation is required.

7.

Open Space; a minimum of thirty-three percent (33%) of each home space shall be preserved as open space.

D.

STREETS AND ACCESS STANDARDS.

1.

All MHP's shall have vehicular access from an arterial or collector street.

2.

Each home space when occupied shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.

3.

Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible and to encourage the orientation of manufactured homes in such a manner as to permit the use of solar energy systems.

4.

No street within a manufactured home park shall dead end, except for cul-de-sac streets, which shall have a minimum turning radius of fifty (50) feet at the termination point.

5.

There shall be a network of pedestrian walks connecting home spaces with each other and with MHP facilities.

6.

Private driveways shall be designed for ease of access, privacy, and safety.

7.

All spaces and streets shall be designed to insure proper drainage.

8.

Street lighting shall be provided to illuminate all private and public access ways and walkways for the safe movement of vehicles and pedestrians at night.

9.

Parking shall conform to Section 11-12-2.A.

E.

REFUSE. The management of the manufactured home park shall provide adequate refuse collection facilities. These collection facilities shall be constructed and maintained in accordance with all municipal health regulations, shall be properly screened, and shall be designed to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.

F.

STORAGE. Each home space shall have a personal storage unit. Such storage unit shall have a capacity of at least one hundred (100) cubic feet. Each storage unit shall be anchored permanently to the ground.

G.

UTILITIES. All utility placement shall be underground and shall be approved by the City.

A.

PURPOSE. Special use permits are required for MHS in R-2, C-1 and T-1 Districts and are intended to provide for the development of such subdivision at standards consistent with the health, safety, and welfare of the community. MHS's are permitted by right in R-3 Districts. Special use permits must be acquired in accordance with Article V of this Code.

B.

DEVELOPMENT REQUIREMENTS. Development standards and other requirements are provided in Article X, and II through XIV of this Code. Subdivision must meet all applicable provisions of the Municipal Subdivision Regulations. A site plan, landscaping plan and a drainage plan must be approved by the City Commission for any MHS.

C.

MHS STREET ORIENTATION. Street layouts shall be designed for preservation of natural features and to follow topography to the greatest extent possible and to encourage the orientation of homes in such a manner as to permit the use of solar energy systems.

D.

UTILITIES. All utility placement shall be underground and shall be approved by the City.

E.

LANDSCAPING. A landscaping concept, as provided by the City Commission shall be required for all areas not devoted to structures, streets, alley, drives, walks and paths.

F.

GARDENS. Gardens, non-commercial nurseries and greenhouses are permitted in MHS's provided:

1.

Such uses are private and non-commercial; and

2.

Greenhouses meet setback requirements for Accessory Buildings.

A.

PURPOSE. A special use permit is required for all RVP developments and is intended to provide for the development of recreational vehicle parks at standards consistent with health, safety, and welfare of the community. Recreational Vehicle Parks are permitted by Special Use in R-3, RR-1, C-1, M-1 and T-1 Districts.

B.

DEVELOPMENT REQUIREMENTS. Development standards and other requirements are provided in Articles X, and XII through XIV. A site plan, landscaping plan and a drainage plan must be approved by the City Commission for any RVP.

C.

DESIGN STANDARDS.

1.

Swimming pools are permitted only when a protective fence four (4) feet in height is provided around the yard, lot or pool area. The pool shall be no closer than five (5) feet from any property line home space boundary, and approval from all utilities is required to insure overhead safety. All gates in fences shall be self-closing and equipped with self-latching devices.

2.

A landscaping concept shall be approved by the City Commission for all areas not covered by structures or paved.

3.

Screening the perimeter of a recreational vehicle park by a wall and/or other approved landscaping material shall be required.

4.

There shall be an active, usable recreational area for tenants comprising five percent (5%) of the gross site area, which shall not include required setback areas or similar areas not usable for recreational activities.

5.

There shall be a community building or buildings, which shall provide for the recreational and service needs of occupants of the recreational vehicle park. It shall include restrooms, showers, and a laundry. No dry-cleaners shall be permitted in the RV Park. The community building or buildings may not be included as part of the required recreational area.

6.

Adequate refuse collection facilities shall be provided, constructed, and maintained in accordance with all municipal health regulations, and shall be screened and designated to bar animals from access to refuse. Refuse shall be removed from collection sites at least once a week.

7.

Lighting shall be provided to illuminate access ways and walkways from the safe movement of vehicles and pedestrians at night.

8.

A means for emptying sewage holding tanks shall be provided and approved by the health department.

D.

STREETS AND ACCESS STANDARDS.

1.

All RVP's shall have vehicular access from an arterial or collector street.

2.

Each RV space when occupied shall have direct access to an internal street. Direct access to exterior public streets shall be prohibited.

3.

Street layout shall be designed for preservation of natural features and to follow topography to the greatest extent possible and to encourage the orientation of homes in such a manner as to permit the use of solar energy systems.

4.

No street within a recreational vehicle park shall dead end, except for cul-de-sac streets, which shall have a minimum turning radius of fifty (50) feet at the termination point.

5.

Private driveways shall be designated to increase ease of access, increase privacy, and provide safety.

6.

All spaces and streets shall be designated to insure proper drainage.

7.

One space for automobile parking shall be provided for each RV space.

8.

Minimum road width is twenty-four (24) feet.

E.

UTILITIES. All utility placement shall be underground and shall be approved by the City.

F.

DESIGNATED ZONING ADMINISTRATOR. It shall be the right and duty of the designated Zoning Administrator of the City of Truth or Consequences to impose all design standards for Recreational Vehicle Parks in accordance with Standards for Recreational Vehicle Parks and Campgrounds, latest edition, as published by the National Fire Protection Association.

Recreational vehicles, boats, camping and travel trailers, truck campers and vehicles shall not be used as permanent or temporary dwellings or immobile living quarters on any private or city owned property or easement, except in a lawfully operated Recreational Vehicle Parks (RVP's) as approved by special use permit per Sec. 11-11-5. Utility connections are permitted for said units only within recreational vehicle parks (RVP's The use of said units as temporary living quarters must be approved and permitted by the designated zoning official, may not be permanently connected to sewer lines, water lines, or electrical lines and shall not exceed the timeframe as approved by the designated zoning official and be restricted to a lot upon which a permanent dwelling is being constructed pursuant to 11-3-2 Building Permits and Plans and construction is moving forward in a timely manner. Transit travelers passing through the City may be allowed temporary parking on a commercial privately owned property with property owner or management consent, but such parking shall be limited to a period of not more than 12 hours unless a vehicle emergency maintenance, roadway hazard, medical emergency or inclement weather incident exists where the parking timeframe may be extended to a reasonable time necessary to resolve the incident. Special event attendees may be allowed temporary parking on a public or privately owned property with the consent of the property owner or manager. Said parking may not exceed seven (7) consecutive days and will require written approval by City Management. Special events are defined as: pageants, fairs, carnivals and large athletic events, religious or entertainment events, or large community gatherings that typically have one or more of the following characteristics: outdoor amplified music, a stage or staging, event lighting, tents, additional parking accommodations, traffic restrictions, and other characteristics consistent with larger gatherings that are not consistent with occasional residential parties.

(Ord. No. 726, 3-9-22)