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)
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 1 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)
Notes
| 1 | 1. See section 11-1-1 of this code. |
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)
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)
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