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Valencia County Unincorporated
City Zoning Code

REQUIREMENTS FOR

SPECIFIC USES IN ALL ZONES

§ 154.165 GENERALLY.

   (A)   Purpose.
      (1)   Due to the unique characteristics of the special uses identified in this subchapter, they are subject to particular requirements or standards which may differ from or exceed those required of other uses in the same zoning district.
      (2)   The specific standards and requirements for the special uses of this subchapter are provided in §§ 154.165 through 154.173.
   (B)   Standards and procedures for special uses.
      (1)   The status of a special use as either a permitted or conditional use shall be as specified in the underlying zoning district and shall be subject to the applicable standards of the district.
      (2)   In addition:
         (a)   1.   Special uses shall be subject to the applicable standards as set forth in §§ 154.165 through 154.173.
            2.   In the instance where there may be a contradiction between standards in this subchapter and the standards provided by this chapter for the appropriate district, the specific standard provided in this subchapter shall apply; and
         (b)   A special use which is also a conditional use in the specific underlying zoning district shall be subject to the Type B application procedure set forth in § 154.076 and the conditional use permit review criteria in § 154.057.
(Ord. 2004-05, passed 9-15-2004) Penalty, see § 154.999

§ 154.166 SIGNS.

   (A)   Permitting.
      (1)   Permits.
         (a)   Sign permit applications shall be accompanied by drawings indicating dimensions, location and engineering in sufficient detail to determine compliance with this chapter and applicable Building Codes. Permit applications shall be reviewed pursuant to a Type A application process.
         (b)   Permits shall be required for:
            1.   Electrical or illuminated signs greater than 4 square feet in surface area;
            2.   Free-standing signs greater than 4 square feet in surface area;
            3.   Roof-mounted or wall-mounted signs greater than 4 square feet in area;
            4.   Business identification signs not under state permit; or
            5.   Outdoor portable or sandwich board-type signs greater than 4 square feet in area.
      (2)   Signs for which permit not required. Sign permit applications shall not be required for the following signs:
         (a)   Signs not more than 4 square feet in area and bearing only property numbers, postal box numbers, names of occupants of premises or other identification of premises, or traffic directional signs, provided the signs do not have commercial connotations;
         (b)   Flags and insignia of any government, except when displayed in connection with commercial promotion;
         (c)   Legal notices or identification, informational or directional signs erected or required by governmental bodies;
         (d)   Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights; and sculpture and other work of fine art created for appreciation rather than advertising;
         (e)   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter;
         (f)   Temporary decorations or displays clearly incidental and commonly associated with local national or religious holiday or other celebration;
         (g)   Any sign not visible from public right-of-way, or from any other property not under the same ownership as the property upon which the sign is located; and
         (h)   Temporary window displays or signs and temporary real estate "for rent/sale" signs not exceeding 8 square feet in surface area.
   (B)   Standards and requirements.
      (1)   Setbacks. All signs shall be situated so as not to adversely affect safety, corner vision or other similar conditions, and shall satisfy the following.
         (a)   Free-standing signs shall be set back from property lines 1 foot for each 10 square feet of sign area to a maximum setback of 20 feet.
         (b)   Signs shall conform to clear-vision requirements at street intersections.
         (c)   Free-standing signs shall conform to rear and side-yard setback requirements.
         (d)   1.   Projecting signs including canopy and awning mounted signs shall not extend more than 6 feet from the face of the building to which they are attached.
            2.   Projecting signs shall have a maximum area of 24 square feet per face, and minimum ground clearance of feet.
      (2)   Blanketing. No sign shall be situated in a manner which results in the blanketing or significant obstruction of an existing sign.
      (3)   Sign construction, maintenance and removal.
         (a)   Construction.
            1.   All signs shall be constructed at the expense of the sign or business owner, and shall be erected in conformance with this section and all county-administered sign, electrical and building code requirements.
            2.   Except as specified in division (A) above, all signs shall be required to obtain sign permit approval prior to construction or installation.
         (b)   Maintenance and removal.
            1.   Every sign, including those specifically exempt from permits required by this subchapter, shall be maintained in good structural condition at all times.
            2.   All signs shall be kept neatly painted, including all metal parts and supports.
            3.   The Department may inspect, and shall have the authority to order the painting, repair, alteration or removal of a sign which may constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.
         (c)   Abandonment and removal. Any sign which does not contain legibly printed matter on the display surface, or which by its nature has become obsolete for a period of 3 months, shall be deemed to have been abandoned by the owner thereof and shall be subject to removal by the County Road Superintendent, the Department or their designate.
   (C)   Specific rules for certain signs.
      (1)   Political signs. Temporary political signs advertising candidates or issues may be erected on private property, by, or with consent of, the property owner(s), during an election campaign. These signs shall conform to the requirements of the State of New Mexico, and shall not be erected prior to 90 days before the election and shall be removed within 10 days after the election.
      (2)   Temporary signs for nonprofit organizations. Temporary signs for nonprofit organizations may be allowed to advertise various nonprofit, charitable activities. Signs may be placed upon private property, upon consent of the property owner, but shall not precede the advertised event more than 1 week. All these signs shall be removed by the sponsoring organization not later than 5 days following the event. These signs shall conform to the requirements of the underlying district.
      (3)   Mural signs. On wall mural signs, only that portion of the sign considered advertising shall be calculated in determining maximum area allowance.
   (D)   Prohibited signs. The following signs are prohibited in all zone districts:
      (1)   Moving signs, flashing signs or other signs that may likely cause motorists distraction or be hazardous to public safety.
      (2)   (a)   Banners, pennants, festoons or searchlights, except that upon receipt of a temporary use permit, they may be allowed for special events, grand openings or similar celebrations.
         (b)   These signs may be erected 15 days prior to the event/celebration, and shall be removed within 15 days thereafter.
      (3)   Signs imitating or resembling official traffic or government signs.
      (4)   Temporary posters or signs attached to trees, electrical or telephone poles or other public property.
      (5)   Signs attached to a building and exceeding the highest part of the roof.
(Ord. 2004-05, passed 9-15-2004) Penalty, see § 154.999

§ 154.167 LANDSCAPING.

   (A)   When required. Landscaping is required in all commercial and industrial districts, and may be required by other provisions of this chapter, or as mitigating requirements for privacy, visual screening, sound deadening, appearance enhancement or other purposes determined desirable by the Department, P&Z or Commission, for the purpose of ensuring compatibility of the proposed use with that of existing and anticipated future uses in the vicinity.
   (B)   Plan requirements; agreement on plan.
      (1)   Landscape plans with explanatory notes shall accompany all applications for building permits in commercial and industrial districts, all other site design plans and as otherwise may be required by this chapter.
      (2)   At the time as the design is agreed upon by the applicant and the Department, both shall sign the site design, attesting to that agreement.
      (3)   Landscape plans shall be drawn to a scale of 1 inch equals 20 feet or other scale approved by the Department as being appropriate to accurately depict the following.
         (a)   Location and dimensions for existing and proposed structures and roadway entrances onto the site upon which development is being proposed.
         (b)   Existing trees 6 inches or larger in a diameter at 4 feet above grade, including trees proposed to be removed, and existing shrubs or other plant materials to be retained.
         (c)   Type, size and location of trees, shrubs, and other plant materials proposed to be
planted, the schedule for planting, and the method and layout of the irrigation system to be installed.
         (d)   Type, height and location of all fencing, trash collection areas, free-standing lighting and signage proposed. Unless otherwise provided, the plan shall include a drawing of the signage with dimensions of the size, shape and height thereof. Signage shall be in accord with § 154.166 of this chapter.
         (e)   Traffic circulation and parking space layout/design including a cross-section or description of materials to be used in all the areas; and sidewalks, walkways and other pedestrian improvements, e.g., benches, recreation equipment and the like.
   (C)   Standards and requirements.
      (1)   A minimum area of 30 feet in depth measured from any property line abutting a residentially planned or zone-designated area, whenever the property is within 60 feet of an off-site residence.
      (2)   A minimum area of 10 feet in depth along all other property lines, except as the Department may determine unnecessary.
      (3)   Adjacent to a state highway, a berm of not more than 18 inches in height above natural grade, and at least 6 feet in width shall be constructed. The berm shall be located entirely on the applicant's property and be planted with a combination of trees, shrubs, grass and/or ground cover. The berm shall not exceed a height of 2 feet at any street intersection or other vehicular access clear vision area.
      (4)   Plantings shall comply with clear-vision requirements at all intersections and access locations onto public roads. All entrances from public roads or streets shall be designed for safe entry and exit, and landscaped 5 feet wide for a depth of 20 feet onto the property.
   (D)   Implementation. Completion of all landscape plans shall be assured as follows.
      (1)   In the event landscaping is not completed prior to final land use approval or at the time of the request for a development permit, the applicant may post a surety bond or provide other financial assurances, equal to 125% of the estimated cost of materials and installation, or may enter into other implementation agreements as are approved by the Department.
      (2)   Final approval of any land use application or release of any surety for completion of landscaping shall not occur until a final landscape inspection, and a plan completion sign-off has been made by the Department. Any portion of the landscaping not completed in accordance with the approved landscaping plan shall be cause for the plan not to be signed and/or cause for the surety to be used by the county to complete the installation.
      (3)   At the time as the landscape improvements have been completed in accordance with the approved plan, the applicant shall notify the Department thereof, and upon satisfactory inspection, the Director shall sign and date the plan, attesting to its completion.
(Ord. 2004-05, passed 9-15-2004) Penalty, see § 154.999

§ 154.168 HOME OCCUPATIONS.

   (A)   Standards and limitations. The following standards and limitations shall apply to home occupations.
      (1)   The home occupation will be operated by a resident of the property on which the business is located.
      (2)   The home occupation will employ on the site no more than 2 full or part-time employees, other than the applicant.
      (3)   The home occupation will be operated substantially in the dwelling or in other buildings normally associated with uses permitted in the zone in which the property is located.
      (4)   The home occupation will not unreasonably interfere with existing uses on nearby
land or with other uses permitted in the zone in which the property is located.
      (5)   No more than 1 home occupation shall be permitted in conjunction with any dwelling or parcel. Activities which are substantially different in nature shall be considered separate home occupations.
      (6)   A home occupation shall not be used to permit construction of any structure that would not otherwise be allowed in the zone in which the home occupation is established, nor shall a home occupation be used as justification for a zone change.
      (7)   The total area used for outdoor storage shall not exceed the allowable parcel coverage in the zone in which the home occupation is established.
      (8)   There shall be no visible evidence of the conduct of a home occupation from any road or adjacent property, other than permitted signs. Any outdoor storage or outdoor work areas shall be effectively screened by vegetation or by a sight obscuring fence.
      (9)   A home occupation shall not generate noise, vibration, glare, fumes, odor, electrical interference or other disturbance beyond what normally occurs in the applicable zoning district.
      (10)   The applicant shall provide evidence of New Mexico Environmental Department review and approval of the liquid waste disposal system for the home occupation.
      (11)   A home occupation shall not generate traffic or parking beyond what normally occurs in the applicable zoning district.
      (12)   Off-street parking spaces shall be provided for clients or patrons.
      (13)   (a)   The nature of a proposed home occupation shall be specified at the time of application.
         (b)   Any proposed change in the nature of an approved home occupation shall require a new conditional use permit.
         (c)   Any departure from the uses and activities initially specified shall be considered grounds for revocation of the conditional use permit.
      (14)   (a)   A permit for a home occupation shall be deemed personal to the applicant and shall not run with the land.
         (b)   Upon notification by the county the permit shall expire 2 years from the date of issuance, at which time the permit may be renewed by the Department upon a finding that the requirements of this subchapter are being met.
         (c)   A fee for renewal of the permit may be imposed by the Department.
      (15)   (a)   A condition of approval may be placed on a home occupation requiring a review every 12 months following the date the permit was issued.
         (b)   The home occupation may be renewed if it continues to comply with the requirements of this subchapter and any other conditions of approval.
         (c)   Pursuant to the non-conforming use provisions of § 154.059 of this chapter, any proposed expansion or change in the nature of a home occupation in operation prior to adoption of this subchapter shall be subject to the requirements of this section and shall require a conditional use permit.
         (d)   In the event of denial of an application, the home occupation shall be allowed to continue at its original scale and nature as a non-conforming use.
   (B)   Applications. All applications for home occupation permits shall be subject to the Type B application procedure set forth in § 154.076 and the conditional use permit review criteria in § 154.057.
(Ord. 2004-05, passed 9-15-2004) Penalty, see § 154.999

§ 154.169 DAY CARE FACILITIES.

   (A)   Standards and requirements. Day care facilities shall be subject to the following minimum requirements.
      (1)   The proposed facility shall maintain all applicable licenses required by the appropriate agencies for the use described in the application.
      (2)   All day care facilities shall be subject to §§ 154.035 et seq. for site design review. Special considerations for this use are as follows:
         (a)   Compatibility in appearance with the surrounding area;
         (b)   Provision of usable on-site open space appropriate to the needs of the day care patrons; and
         (c)   Clearly defined property boundaries.
   (B)   Application requirements. In addition to the Type B application procedure set forth in § 154.076 and the conditional use permit review criteria set forth in § 154.057, an application for a day care facility shall include the following:
      (1)   A description of the proposed use, including the maximum number of day care patrons to be served, the number of staff, and estimated days and hours of operation; and
      (2)   A site plan showing existing or proposed structures and improvements, including landscaping, play yards, parking areas, and the location of structures and improvements on adjacent properties.
(Ord. 2004-05, passed 9-15-2004) Penalty, see § 154.999

§ 154.170 SOLID WASTE DISPOSAL FACILITIES.

   (A)   Standards and requirements. The following standards and requirements shall apply to all applications to site a solid waste disposal facility.
      (1)   The application shall be processed pursuant to § 154.077 Type C procedures.
      (2)   The application shall include a written justification for the request pursuant to the conditional use provisions of § 154.057.
      (3)   The application shall include a preliminary site plan pursuant to §§ 154.035 et seq., site design review.
      (4)   The application shall include information as needed to determine potential effect:
         (a)   Birds attracted to the site might have on full-service or limited use airports or approach patterns;
         (b)   Leachate might have on area aquifers or recharge areas;
         (c)   The operation might have on or how it might be affected by area floodplains, and other ground and surface water conditions, and geological/soil characteristics;
         (d)   The operation might have on or be affected by site vegetation, wildlife habitat or other environmental, archeological, historical or similar resource considerations; and
         (e)   The operation might have on surrounding land uses within 1/2 mile of the disposal operation.
      (5)   Provisions shall be made to insure that site access and roadway conditions are adequate for the traffic to the site.
      (6)   (a)   The operational plan shall be approved by the appropriate state and United States agencies and will be reviewed by the county to ensure that all local compatibility issues are resolved.
         (b)   The operational plan shall include but not be limited to the following provisions:
            1.   Site analysis;
            2.   Volume/capacity analysis;
            3.   Waste stream/refuse generator analysis; and
            4.   Operational financial analysis.
   (B)   Final site design review and operational requirements. The applicant shall provide the following.
      (1)   A final site plan in accordance with the provisions of §§ 154.035 et seq. of the Zoning Chapter, together with the following:
         (a)   Site operational provisions in an outlined format that indicates both work to be performed and frequency of application;
         (b)   Financial data demonstrating ability to complete the work; and
         (c)   Evidence of bond ability to 150% of the proposed site development costs and operational cost for a 1 year period.
      (2)   Evidence of New Mexico Environmental Department review and preliminary site approval for a solid waste disposal facility.
      (3)   Any other information or provisions as are required as a condition of preliminary approval.
(Ord. 2004-05, passed 9-15-2004) Penalty, see § 154.999
Cross-references:
   Solid waste as a public nuisance, see § 92.24
   Solid waste management, see Ch. 50

§ 154.171 RECREATIONAL VEHICLE (RV) PARKS.

   (A)   Standards and requirements. The use of any parcel for an RV park and any modifications to an existing RV park shall comply with the following standards and requirements:
      (1)   The minimum parcel area for an RV park shall be 2 acres;
      (2)   The maximum density of RV spaces shall not exceed 20 per 1 acre of gross land area;
      (3)   No RV shall be located anywhere but in an RV space and only 1 RV shall be located within any RV space;
      (4)   The only structures or vehicles which may be placed in an RV space, other than storage structures provided by the management of the park, are 1 RV and 1 motor vehicle; except that an RV space may be rented for the residential use of 1 mobile home for a period of 1 month or less, subject to the other provisions of this section;
       (5)   (Repealed);
      (6)   The minimum width for a parcel containing an RV park shall be 100 feet, except that portions of the parcel intended only for general vehicular entrances and exits may be as narrow as 50 feet;
      (7)   Permitted accessory uses for a commercial service nature and parking areas serving the accessory uses shall not occupy more than 15% of the gross area of the RV park, and shall be sized, laid out and designed to serve only the frequent trade or service needs of travelers patronizing the RV park;
      (8)   No part of any RV park shall be used for the parking or storage of any heavy equipment or trucks exceeding 1-ton capacity;
      (9)   No home occupation or business shall be operated from an RV in the RV park;
      (10)   All contiguous lots of record proposed for the development of an RV park under 1 ownership or management shall be consolidated into a single lot of record upon development of the park and an appropriate document to memorialize this condition shall be recorded in the deed and mortgage records for Valencia County prior to the issuance of any building permit;
      (11)   A responsible caretaker, owner, or manager shall be placed in charge of any RV park to keep all grounds, facilities and equipment in a clean, orderly, and sanitary condition; and
      (12)   Evidence of New Mexico Environmental Department review and approval of the liquid waste disposal system for the proposed park shall be provided by the applicant to the Department.
   (B)   Layout and design specifications. The following layout and design specifications shall apply to any RV park:
      (1)   (a)   A buffer area shall be provided immediately within all boundaries, all of which shall be landscaped.
         (b)   The required buffer area shall be a minimum of 20 feet in depth within all boundaries common to a residential zoning district or public street, other than an alley; and the required buffer area shall be a minimum of 10 feet in depth within all other boundaries;
      (2)   No recreation or service area may be located within a buffer area;
      (3)   No RV may be located within a buffer area;
      (4)   No building or structure may be erected or placed within a buffer area, except a sign, fence or wall;
      (5)   No refuse-disposal area shall be located within a buffer area;
      (6)   No plant materials or land may be deposited or removed within a buffer area except as a part of a recognized landscaping scheme or except for emergency access;
      (7)   At least 1 off-street parking space shall be provided for each RV space plus 1 additional space for each 4 RV spaces to provide for guest parking. Grouped parking spaces shall be located within 150 feet of the RV spaces served;
      (8)   All recreation areas shall be well-drained;
      (9)   The boundaries of each RV space shall be delineated by suitable permanent markers in a way that the boundaries of any space can be readily ascertained;
      (10)   Each RV space shall have sufficient unobstructed access to, or frontage on, an RV park road, so as to permit the movement of RVs;
      (11)   Each RV space shall have a minimum area of 500 square feet and shall have 1 conveniently located automobile parking space;
      (12)   No structural addition to any RV or manufactured home shall be permitted;
      (13)   All refuse containers shall have an animal-proof lid and shall be maintained in a clean and sanitary condition. Garbage and refuse shall be disposed of in a manner to control flies, rodents and odors;
      (14)   All utilities, including electrical power and telephone lines, shall be installed underground;
      (15)   All roads, walkways, grouped-bay parking and service areas shall be provided with lighting adequate to ensure the safety of vehicular and pedestrian traffic; and
      (16)   All lighting shall be arranged so far as possible to reflect away from RV spaces.
   (C)   Applications. All applications for review of plans and specifications for any RV park shall be made pursuant to the Type A application procedure set forth in § 154.075, and shall contain documentation for site-design review as set forth in §§ 154.035 et seq. of this chapter.
(Ord. 2004-05, passed 9-15-2004; Ord. 2023-03, passed 10-4-2023) Penalty, see § 154.999

§ 154.172 MANUFACTURED AND MOBILE HOME STANDARDS.

   (A)   Purpose. The purpose of the manufactured and mobile home standards section is to promote the health, safety, and general welfare of residents by promulgating reasonable standards for installation and floor space of manufactured and mobile homes, and providing for a permitting process to assure compliance with the minimum building, siting, and set-up codes of the county and of the Manufactured Housing Division of the State of New Mexico.
   (B)   Standards and limitations.
      (1)   Generally. No manufactured or mobile home shall be placed, situated or installed in the unincorporated jurisdiction of Valencia County unless:
         (a)   The manufactured or mobile home has been placed, situated, or installed to the standards of the Manufactured Housing Division and in accordance with this subchapter;
         (b)   The manufactured or mobile home has a minimum heated area of at least 840 square feet, constructed in a factory to the standards
of the U.S. Department of Housing and Urban Development, National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., as the same may be from time to time amended;
         (c)   The manufactured or mobile home is installed on a permanent foundation as defined in § 154.021 of this chapter, and in NMSA §§ 60-14-1 et seq., as the same may be from time to time amended;
         (d)   The manufactured or mobile homes be installed with skirtings which are consistent with applicable historic or aesthetic standards which may be adopted in this chapter;
         (e)   Materials used for skirting shall be metal, rock, concrete block, or other non-combustible, water and termite resistance, fire resistant materials as approved by FEMA; and
         (f)   Skirting shall be installed around all sides of the base of any manufactured or mobile home within 45 days of occupancy.
      (2)   Permanent foundation. Prior to occupancy of any manufactured or mobile home under this section, a permanent foundation pursuant to § 154.173 must be installed and inspected by an agent of the Construction Industries Division or the Manufactured Housing Division of the State of New Mexico and approved by the County Building Inspector.
      (3)   Stabilized. Any manufactured or mobile homes placed, situated, or installed in a floodplain shall, in addition to the requirements of divisions (1) and (2) above shall be stabilized and anchored pursuant to § 154.150 (F) and (G) of this chapter.
      (4)   Permit. The owner, purchaser, or user of manufactured or a mobile home placing, situating or installing a manufactured or mobile home in a flood plain shall be required to first obtain a floodplain permit pursuant to § 154.150 of this chapter.
      (5)   Manufactured homes on rental property.
         (a)   1.   For property that is utilized for rental property the tenants shall provide proof of ownership of the landlord, which shall not be the same individual(s) as the tenant.
            2.   Property owner shall provide proof of occupancy (tenancy) by notarized letter.
            3.   The manufactured home shall be anchored, skirted, and if applicable, comply with FEMA minimum regulations.
         (b)   The tenants and the landlord shall comply with all other conditions under this section and the Valencia County Comprehensive Zoning Chapter.
   (C)   Combining, joining, or fusing 2 or more mobile homes. Two or more mobile homes shall not be combined, joined, fused together, or otherwise attached for the purpose of creating, building or constructing 1 single residential unit without conforming to the following conditions.
      (1)   All manufactured homes or mobile homes shall be anchored to resist flotation, collapse, and lateral movement.
      (2)   Manufactured homes or mobile homes shall not be joined together side by side or stacked to form a single or multi-family dwelling unit unless designed and factory manufactured for that purpose.
      (3)   A New Mexico licensed engineer or architect shall certify the joining plans on any units which are to be joined.
      (4)   The applicant shall provide construction drawings by a New Mexico licensed engineer or architect demonstrating that the manufactured or mobile home(s) proposed to be joined comply with the Uniform Building Code standards.
      (5)   (a)   A New Mexico licensed engineer or architect approved site plan showing location, type and size of all structures proposed and existing on the proposed lot is required.
         (b)   The plan shall include all necessary dimensions including setbacks.
      (6)   The site plan shall include an architect scaled construction drawing indicating construction criteria and a complete description of materials to be used.
      (7)   All site plans must first be submitted to the Zoning Department and follow the site design review process outlined in §§ 154.035 et seq. of this chapter.
      (8)   Materials used for skirting shall be of metal, rock, concrete block, or other non-combustible, water and termite resistance, fire resistant materials, as approved by the site design review process outlined in §§ 154.035 et seq. of this chapter.
      (9)   A building permit, issued by the Valencia County Building Inspector shall be required to conform to the Uniform Building Code standards for a new dwelling.
      (10)   All additions to manufactured homes or mobile homes shall require a building permit issued by the Valencia County Building Inspector and the home shall be required to conform to the Uniform Building Code for a new dwelling.
(Ord. 2004-05, passed 9-15-2004) Penalty, see § 154.999

§ 154.173 MOBILE HOME PARKS.

   (A)   Standards and requirements. The use of any parcel for a mobile home park and any modifications to an existing mobile home park shall comply with the following standards and requirements:
      (1)   The minimum parcel area for a mobile home park shall be 3 acres;
      (2)   The maximum density of mobile home park spaces shall not exceed 4 mobile homes per acre of gross land area;
      (3)   No mobile home shall be located anywhere but in an approved mobile home park space and only 1 mobile home shall be located within any mobile home park space; and
      (4)   All contiguous lots of record proposed for the development of a mobile home park under 1 ownership or management shall be consolidated into a single lot of record upon development of the park and an appropriate document to memorialize this condition shall be recorded in the deed and mortgage records for Valencia County prior to the issuance of any building permit.
   (B)   Layout and design specifications. The following layout and design specifications shall apply to any mobile home park:
      (1)   A buffer area shall be provided immediately within all boundaries, all of which shall be landscaped in accordance with § 154.167 of this chapter. The required buffer area shall be a minimum of 20 feet in depth within all boundaries common to a residential zoning district or public street, other than an alley; and the required buffer area shall be a minimum of 10 feet in depth within all other boundaries;
      (2)   No recreation or service area may be located within a buffer area;
      (3)   No mobile home may be located within a buffer area;
      (4)   No building or structure may be erected or placed within a buffer area, except a sign, fence or wall;
      (5)   No refuse-disposal area shall be located within a buffer area;
      (6)   No plant materials or land may be deposited or removed within a buffer area except as a part of a recognized landscaping scheme or except for emergency access;
      (7)   At least 1 off-street parking space shall be provided for each mobile home space plus 1 additional space for each 4 mobile home spaces to provide for guest parking;
      (8)   All recreation areas shall be well-drained;
      (9)   The boundaries of each mobile home park space shall be delineated by suitable permanent markers in a way that the boundaries of any space can be readily ascertained;
      (10)   Each mobile home park space shall have at least 30 feet wide unobstructed access to, or frontage on, a mobile home park road or other road;
      (11)   Each mobile home park space shall have a minimum floor area of 840 square feet and shall have 1 conveniently located automobile parking space;
      (12)   No structural addition to any mobile home or manufactured home shall be permitted;
      (13)   All refuse containers shall have an animal-proof lid and shall be maintained in a clean and sanitary condition. Garbage and refuse shall be disposed of in a manner to control flies, rodents and odors;
      (14)   All utilities, including electrical power and telephone lines, shall be installed underground;
      (15)   All roads, walkways, grouped-bay parking and service areas shall be provided with lighting adequate to ensure the safety of vehicular and pedestrian traffic;
      (16)   All lighting shall be arranged so far as possible to reflect away from mobile home park spaces;
      (17)   No mobile home shall be located within 30 feet of any other mobile home;
      (18)   Any mobile homes or mobile home spaces shall be placed at least 30 feet from any public right-of-way or public road; and
   (C)   Applications. All applications for review of plans and specifications for any mobile home park shall be made pursuant to the Type B application procedure set forth in § 154.076, and shall contain documentation for site-design review as set forth in §§ 154.035 et seq. of this chapter.
(Ord. 2004-05, passed 9-15-2004; Ord. 2023-23, passed 10-4-2023) Penalty, see § 154.999

§ 154.174 PARKING.

   (A)   General requirements
      (1)   Off-street parking must be provided on-site for all new buildings or structures.
      (2)   The parking requirements shall govern uses to the extent that users, costumers and employees are provided a safe and adequate place in which to conduct their business.
      (3)   The minimum number of parking spaces to be provided shall be as follows:
Use
Number of Spaces
Use
Number of Spaces
Single family dwelling
2 spaces per dwelling unit
Multi-family dwellings
1-1/2 spaces per dwelling unit
Hotels and motels
1 space for each unit
1 space for each 2 employees
Hospital, clinic or convalescent or nursing home
1 space for each 2 beds
1 per doctor
1 for each 2 staff
 
Places of public assembly, including churches, community centers, auditoriums
1 space for each three seats plus employee parking one space for each 2 employees
Dance hall, skating rink
1 space for each 200 square feet of floor area
1 space for each 2 employees
Industrial, manufacture and wholesale establishment
1 space each 2 employees
1 space for each office personnel
Retail establishments
1 space for each 1,000 square feet of floor space
1 for each 2 employees
 
   (B)   Mixed uses. For mixed uses, the total requirement for off-street parking spaces shall be the sum of the requirements of the various uses computed separately.
   (C)   Plans required with building permit. An application for a building permit must submit a plan showing location, arrangement and dimensions of the parking facility's turning spaces, drives, aisles and ingress and egress.
   (D)   Design standards.
      (1)   All driveways shall be of sufficient width to permit access into parking spaces, but in no case less than 20 feet wide.
      (2)   Ninety degree parking requires 26 feet between parking spaces; 45 degree parking requires a minimum of 15 feet between parking spaces.
      (3)   Each parking space shall consist of an area at least 9 feet in width by 20 feet in length (see following diagrams).
      (4)   Handicapped parking shall consist of a minimum of 12 feet in width by 20 feet in length.
      (5)   The minimum amount of designated parking spaces per development shall be 2% of the total required parking spaces.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 08 passed 9-15-2004)

§ 154.999 PENALTY.

   (A)   Generally. It shall be unlawful for any person to violate any provisions of this chapter, to permit or maintain any violation, to refuse to obey any provision hereof, or to fail or refuse to comply with any provision except as variation may be allowed under this chapter.
   (B)   Criminal violations; civil penalties.
      (1)   Any responsible party, whether owner, lessee, sublessor, sublessee or occupant of any premises who violates the provisions of this chapter shall be guilty of a petty misdemeanor for each day the violation continues. Any person violating the provisions of this chapter shall be subject to a civil action to abate or enjoin the nuisance. The Department may pursue any lawful civil remedy, civil penalties or criminal actions brought to enforce any provisions of this chapter.
      (2)   Anyone violating any of the provisions of this chapter shall upon conviction be subject to a fine not exceeding $300 or imprisonment for period not exceeding 90 days, or both the fine and imprisonment.
   (C)   Citations.
      (1)   The Department may issue a citation to anyone who is in violation of this chapter.
      (2)   The citation shall be on a form approved by the Commission and may require that the violator either:
         (a)   Remedy the violation within a reasonable period of time; or
         (b)   Appear before a court of competent jurisdiction.
      (3)   The reasonable period for purposes of this chapter shall be 30 days from service of a notice of violation relating to the violation of the Zoning Chapter.
(Ord. 2004-05, passed 9-15-2004)