Chapter 15.10
MANUFACTURED HOUSING
Sections:
Article I. Purpose, Authority and Scope
15.10.020 Statutory authority and jurisdiction.
15.10.030 Interpretation and conflict.
Article II. Definitions
Article III. Minimum Standards of Design
15.10.070 Excavation and lot grading.
15.10.080 Utility connections.
15.10.090 Other constructed improvements.
Article IV. Administration
15.10.100 Building permit required.
15.10.110 Information to be submitted with the building permit application.
15.10.150 Violations and penalties.
Article I. Purpose, Authority and Scope
15.10.010 Purpose and intent.
The purpose of this chapter is to establish minimum standards for the installation of manufactured housing in the town of Mesilla. The regulations within this chapter control the design, construction, quality of materials, use and occupancy, location and maintenance of manufactured housing within the town. They are also designed to insure that manufactured housing is installed to secure safety from fire and other dangers; to assure adequate light and air for all properties; to protect the public health and welfare; and to control and abate the unlawful installation and placement of manufactured housing. [Prior code § 11-7-1A]
15.10.020 Statutory authority and jurisdiction.
This chapter is created and adopted pursuant to the authority set forth in the New Mexico Statutes 1978, Section 3-21-1 through Section 3-21-24, as amended. This chapter is based on the Manufactured Housing and Zoning Act of the State of New Mexico enacted on April 8th, 1987, and subsequent amendments. This chapter shall be applicable to all property within the corporate limits for the town of Mesilla, New Mexico, referred to as “the town” elsewhere herein. [Prior code § 11-7-1B]
15.10.030 Interpretation and conflict.
The provisions of this chapter shall be considered the minimum requirements to meet the purpose and intent expressed in MTC 15.10.010.
Where the provisions of any local ordinance, regulation, or covenant imposes greater restrictions than those of this chapter, the provisions of such document shall prevail.
Any provision of U.S. or New Mexico state law, which imposes a greater duty, standard or requirement than those contained herein shall supersede the provisions of this chapter.
The planning, zoning and historical appropriateness commission of the town of Mesilla shall interpret the provisions of this chapter. Disagreement with an interpretation may be appealed to the board of trustees of the town of Mesilla, by writing to the town clerk-treasurer or his representative within 15 days of the aggrieved action.
If two or more provisions of this chapter conflict, the most restrictive provision shall apply. [Prior code § 11-7-1C]
15.10.040 Scope.
The provisions of this chapter shall apply to the installation and related construction for all manufactured housing on single lots, parcels or tracts of land within the town. [Prior code § 11-7-1D]
15.10.050 Amendments.
These installation standards for manufactured housing may be changed and amended by the board of trustees of the town of Mesilla; provided, that such changes or amendments shall not become effective until after a public hearing has been held. The procedure for amending this chapter shall be the same as that spelled out in Chapter 18.90 MTC. [Prior code § 11-7-1E]
Article II. Definitions
15.10.060 Definitions.
A. “Board of trustees” means the governing body of the town of Mesilla.
B. “Building permit” means a permit required by the town of Mesilla for installation of a manufactured housing unit, on any individual lot, tract, or parcel of land within the town limits.
C. “Lot” means a parcel of land whose boundaries have been established by the town of Mesilla subdivision process and recorded with Dona Ana County or existed by some legal instrument such as a recorded deed or a recorded map, which has been recorded with Dona Ana County prior to February 15, 1972, and which is recognized as a separate legal entity for purposes of the transfer of title.
D. “Manufactured home” means a manufactured home or modular home that is a single-family dwelling with a heated area of at least 36 by 24 feet and at least 864 square feet and constructed in a factory to the standards of the United States department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or the International Building Code, as amended to the date of the unit’s construction, and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to permanent foundations.
E. “Mobile home” means a movable or portable housing structure larger than 40 feet in body length, eight feet in width or 11 feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States Department of Housing and Urban Development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or International Building Code, as amended to the date of the unit’s construction or built to the standards of any municipal building code.
F. “New Mexico Manufactured Housing Act and Regulations” means the State of New Mexico Manufactured Housing Act and Regulations, effective April 8, 1987, as amended.
G. “Planning, zoning and historical appropriateness commission” means the planning and zoning commission of the town of Mesilla.
H. “International Building Code” means the standards for building and new construction which is developed by the International Code Council, as adopted by the town of Mesilla and as updated periodically.
I. “Zoning code” means the town of Mesilla zoning code adopted in 1972, as amended. [Ord. 2008-06 § 2; prior code § 11-7-2]
Article III. Minimum Standards of Design
15.10.070 Excavation and lot grading.
All requirements set forth in Chapter 70, Excavation and Grading, of the current New Mexico Uniform Building Code shall be made a part of this manufactured housing installation chapter.
In addition, the following requirements shall also apply:
A. The slope around the manufactured housing unit shall have at least a six-inch drop per 10 feet.
B. On lots of one acre or more in size, the permittee shall only be required to grade a portion of the property which provides drainage for all proposed constructed improvements.
C. All subsequent ordinances and regulations passed by the town of Mesilla relating to drainage, design standards for constructed improvements, soil erosion control, etc., shall be made a part of the regulations of this chapter.
D. Applicants for permits for the installation of manufactured housing units shall comply with the provisions of Chapter 15.05 MTC, Flood Damage Prevention. [Prior code § 11-7-3A]
15.10.080 Utility connections.
All utility connections shall be in conformance with the current State of New Mexico Manufactured Housing Act and the State Construction Industries Division regulations for utility installations.
Except for telephone and electricity, all other utilities shall be buried, and the town encourages both electricity and phone connections to be buried, whenever possible. [Prior code § 11-7-3B]
15.10.090 Other constructed improvements.
All porches, patios, permanent steps, accessory buildings, additions to a manufactured housing unit and any other constructed improvements on properties within the town of Mesilla shall be required to comply with the Uniform Building Code of the state of New Mexico and the zoning code of the town of Mesilla. [Prior code § 11-7-3C]
Article IV. Administration
15.10.100 Building permit required.
A building permit must be obtained before beginning installation of a manufactured housing unit within the town of Mesilla. [Prior code § 11-7-4A]
15.10.110 Information to be submitted with the building permit application.
When applying for a permit, plans and specifications are required for several items, and they must be drawn to scale upon appropriate paper, and they must be of sufficient clarity to indicate the nature and extent of the work proposed. Specifically, the following must be included:
A. Six copies of the plot plan drawn on eight and one-half by 11-inch or larger paper.
B. Name, address, phone number of the home owner, and the license number, if any, of the installer of the manufactured housing unit. This information should appear on the plot plan.
C. North arrow and scale and all lot boundary dimensions and bearings shall be shown.
D. Lot number, block number, and subdivision name must be on plot plan, and if tract is not a legal lot in a subdivision, a vicinity map must be included showing exact location of property. The plot plan must include the entire lot or tract.
E. All adjacent streets, public rights-of-way and easements shall be shown and labeled.
F. Curb, gutter, sidewalks, drainage ditches, driveways, culverts and parkways shall be shown and labeled, and dimensions shown for width. All curb cuts or driveway access must be shown on the subject property and on adjoining lots. Clear sight triangles on corner lots must be included.
G. All structures must be shown and labeled on plot plans, including sheds, accessory buildings, porches, carports, patios, concrete slabs, etc.
H. All dimensions shall be shown from the closest point between any part of a structure (such as a porch, accessory building, etc.) and the property lines.
I. Any wall or fence must be shown and the height indicated; otherwise, separate approval for a permit for a wall or fence will be required. Retaining walls and approximate heights and amount of earth to be retained must also be shown. If more than four feet of earth is to be retained, an engineer’s stamp and design drawing must accompany the plans.
J. Parking spaces, driveways, garages, carports, and other parking areas must be labeled as such with dimensions shown. Two off-street parking spaces per manufactured housing unit must be provided.
K. A color photo showing the unit to be installed, or a manufacturer’s photo of the unit (in the case of a new manufactured housing unit).
L. Copy of the State of New Mexico Registration Certificate for the manufactured housing unit, stating the date of manufacture. [Prior code § 11-7-4B]
15.10.120 Inspections.
The permittee or his agent must notify the State Building Inspector when the work is ready for inspection. In addition to special inspections which may be necessary, the following inspections are required:
A. Foundation Inspection. To be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with the Uniform Building Code, then the concrete need not be on the job. The foundation inspection must be completed before the concrete is placed.
B. Under-Floor Inspection. To be made after the concrete block or poured concrete foundations have been constructed, and all under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before the manufactured housing unit is placed on the concrete block or poured stem wall. (This inspection may be waived if the homeowner is skirting the unit, and all under-floor piping and equipment is in place at the foundation inspection.)
C. Final Inspection. To be made after the manufactured housing unit is completely installed and bolted to the stem wall. Homeowner/installer must have appropriate permits for a septic system from the New Mexico Environmental District, and appropriate permits for plumbing, electrical and mechanical from the State of New Mexico Construction Industries, and an approved permit from the State Manufactured Housing Division.
Other inspections and/or a survey of the lot will also be required by the town of Mesilla to verify compliance of the structure with the provisions of the Uniform Building Code and the zoning code. [Prior code § 11-7-4C]
15.10.130 Fees.
Fees for the building permit to install a manufactured housing unit shall be the same as those in effect for a building permit to build a site-built house, see MTC 15.15.040, Building permit fees, attached to the building permit application. [Prior code § 11-7-4D]
15.10.140 Permits.
The building permit shall be applied for with the town in the same manner that building permits are applied for all other construction within the town of Mesilla. The building permit review process will be the same for installation of a manufactured housing unit, as for all other permits. [Prior code § 11-7-4E]
15.10.150 Violations and penalties.
It shall be unlawful for any person, firm or corporation to install, use or occupy any manufactured housing unit which does not have a building permit approved by the town of Mesilla after the adoption of this chapter.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not more than $300.00, or by imprisonment in the county jail for a term not to exceed 90 days, or by both fine and imprisonment. [Prior code § 11-7-4F]
15.10.160 Appeals.
In order to provide for reasonable interpretations of this chapter, appeals to actions by the planning, zoning and historical appropriateness commission shall be presented to the board of trustees. The procedure for an appeal shall be the same as that outlined in Chapter 18.90 MTC. [Prior code § 11-7-4G]