ORDINANCE NO. 03-02

AN ORDINANCE OF THE CITY OF ROSWELL AMENDING ORDINANCE NO. 1227, ADOPTED BY REFERENCE IN THE ROSWELL CITY CODE, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND FIXING AN EFFECTIVE DATE.

WHEREAS, the City Council of Roswell, New Mexico, has determined that it is important to the City of Roswell and its citizens that parts of Ordinance No. 1227 relation to manufactured housing, mobile homes, recreational vehicles, and/or oversized vehicles outside of approved subdivisions and parks be revised to consolidate those references and to ensure that it complies with the Manufactured Housing Act (Chapter 60, Article 14, 1978 N.M.S.A.),

NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY, THE CITY OF ROSWELL, NEW MEXICO, THAT:

Section 1 Article 4, 5, 11, 12, 20 Section 8 and 9 also; Section 2, Section 3 and Section 4 to be amended as follows:

ARTICLE 1

DEFINITIONS

Section 2. Definitions

Campground. Includes but is not limited to tourist camps, travel trailer camps, recreation camps, family campgrounds, camping resorts, camping communities or any other area, place, parcel or tract of land, by whatever name it is called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and/or facilities is granted gratuitously, by rental fee, by lease, by conditional sale or by covenants, restrictions or easements. The definition is not intended to include summer camps, migrant labor camps as defined in state statutes, construction camps, permanent mobile home parks, storage areas for unoccupied camping units, or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions and conditions from providing his sanitary facilities within his property lines.

Camping Unit. Tent, tent trailer, travel trailer, camping trailer, pick-up camper, motor home or any other device or vehicular-type structure as may be developed, marketed and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.

Home Space. Specific area set aside for occupancy within a Manufactured/Mobile Home Community (MHC) and offered for rent or lease.

Independent Camping Unit. Unit including a water-flushed toilet, sink and shower as an integral part of the structure and requiring an on-site sewer connection due to the absence of a waste holding tank on the unit.

Manufactured/Mobile Home Community. Two (2) or more mobile homes and/or manufactured homes are located on one or more contiguous lots, tracts, or parcels of land under single ownership, the purpose of which is to provide permanent residential spaces for charge or fee paid for the use of facilities or to offer space free of charge in connection with securing the trade, patronage or services of the occupant.

Manufactured Home. Does not include recreational vehicles or modular or pre-manufactured homes, built to Uniform Building Code standards, designed to be permanently affixed to real property.

Manufactured Home . (Non-Residential) Includes any movable or portable housing structure over twelve feet in width and forty feet in length which is used for nonresidential purposes. (Source New Mexico Manufactured Housing Act)

Manufactured Home . (Residential MHC District) Movable or portable housing structure over thirty-two (32) feet in length and over eight (8) feet in width constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy, as a residence, and which may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may be two or more units separately towed but designed to be joined into one integral unit, as well as a single unit.

Mobile Home. Movable or portable housing structure larger than forty (40) feet in body length, eight (8) feet in width and eleven (11) feet in overall height, designed for and occupied by no more than one (1) family for living and sleeping purposes and not constructed in 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 Uniform Building Code, as amended to the date of the unit= s construction or built to the standards of any municipal building code. (Manufactured Housing Act Section 1. Section 3-21A-2 Definition: A dwelling unit built on a chassis, with a body width not less than eight (8) feet and a body length not less than forty (40) feet, designed to be used as a dwelling, with or without a permanent foundation.) Mobile homes do not include travel trailers, or recreational vehicles.

Mobile Home. (Dependent) Mobile home dependent upon toilet and/or bathing or washing facilities provided in a service building.

Mobile Home. (Independent) Mobile home independent of toilet and/or bathing or washing facilities provided in a service building.

Mobile Home Park. Tract of lots or spaces developed for long term residential use and intended for rent or lease exclusively for mobile homes.

Multi-section Manufactured Home. (Residential R-S through R-4 Districts) Multi-section manufactured or modular home that is a single-family dwelling with a heated area of at least thirty-six (36) by twenty-four (24) 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 Uniform Building Code, as amended to the date of the unit= s construction, and installed consistent with the Manufactured Housing Act [Chapter 50, Article 14 NMSA 1978] and with the regulations made pursuant thereto relating to permanent foundations. (Manufactured Housing and Zoning Act [3-21-A-1 to 3-21A-8 NMSA 1978].

Non-Self-Contained Camping Unit. Service camping unit which is dependent upon a toilet and lavatory facilities.

Non-Permanent Foundation. Various foundational support mechanism or arrangement other than permanent foundation systems. A Manufactured Housing Act@ Section 60-14-2.

Perimeter Enclosure. Provides weather protection to the area beneath the principle structure. Not load-bearing unless engineered to be load-bearing by a licensed engineer or the manufacturer.

Permanent Perimeter Enclosure. Constructed or assembled components consisting of durable materials (i.e. concrete, masonry, treated wood or other approved materials) or other materials approved by the Division. A Manufactured Housing Act@ Section 60-14-2.

Permanent Foundations. Constructed or assembled components consisting of durable materials (i.e. concrete, masonry, treated wood or other approved materials) and required to be constructed on-site with attachments points to anchor and stabilize the manufactured home. Design of the foundation shall be DAPIA (Design Approval Primary Inspection Agencies) approved or designed by a licensed professional engineer in accordance with the manufacturer= s specifications. A Manufactured Housing Act@ Section 60-14-2.

Primitive Camps. Campground characterized by the absence of modern conveniences such as water-flushed toilets, showers and electrical connection; classified as primitive camp when half or more of the required number of toilet seats are non-flush type.

Recreational Area. Camping area with a water-flushed toilet, sink, shower and kitchen sink, all of which are connected, as an integral part of the structure, to water storage and sewage holding tank located within the area.

Service Building. Structure housing toilets, showers or sinks.

Sink. Washbowl for washing the face and hand.

Travel trailer or Recreational vehicle. Designed to be driven, drawn, or placed upon a vehicle and to be used for a short term dwelling unit, including travel trailers, motor homes, truck campers, and other similar vehicles primarily designed or converted for temporary living quarters for recreational, camping, or travel activities; measuring eight (8) feet or less in body width and less than thirty-five (35) feet in body length while in transit.

ARTICLE 2

RMS RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT

Section 1. Purpose

This district is intended to provide an alternative to conventional housing by permitting low density independent mobile and manufactured home development on privately owned lots in subdivisions designed for such development.

Section 2. Use Regulations and Development Standards

a. Permitted Uses. Any use permitted in the R-1 Residential District.

b. Special Uses. Any special use in the R-1 district.

c. Development Standards.

1. Independent Mobile Homes minimum size requirement: (forty (40) feet x eight (8) feet with or without permanent foundation on individual lots.)

2. Manufactured Homes (as defined by the New Mexico Manufactured Housing Act) on individual lots.

3. Single family detached dwellings.

Section 3. Area, Setback, and Height Requirements

The following requirements shall apply to all buildings and structures unless otherwise specified in this ordinance:

 

RMS-Residential Mobile Home Subdivision

 

MINIMUM SETBACK REQUIREMENTS (in feet)

 

Min. Unit

Length

40'

Width

8'

Minimum

Lot Size

Required Front Yard

Local Collector

Street or Arterial Street

Required

Rear Yard

Required Side Yard

Interior /Corner

Local / Collector 1 Story / or Arterial Street 2 Story

Maximum Height:

Structure,

Sign

 

 

 

4,500 S.F. Per Unit

20

25

20

5 / 10

20 / 25

35

Section 4. General Standards

Manufactured/Independent Mobile Homes shall be installed according to the requirements contained in New Mexico Manufactured Housing Act in effect at time ordinance passed . Single family detached dwellings units must meet Uniform Building Codes. All zoning districts must meet City of Roswell Drainage and Flood Control Ordinance.

ARTICLE 3

MHC MANUFACTURED/MOBILE HOME COMMUNITY DISTRICT

Section 1. Purpose

The purpose of the Manufactured / Mobile Home Community (MHC) is to provide minimum standards for residential development, to insure that each new or enlarged community provides necessary infrastructure, facilities, adequate home space area and set-backs, and to provide other requirements for the public safety, health and general welfare.

Section 2. Use Regulations and Development Standards

a. Permitted Use. In the Manufactured/Mobile Home Community, permitted uses are as follows:

1. Home Occupations, as permitted by City Ordinance and subject to approval of landlord or manager.

2. Temporary buildings and mobile homes to be used incidental to construction work to be removed upon completion or abandonment of the construction work.

3. Temporary signs not exceeding six (6) square feet in area pertaining to the lease of a manufactured/mobile home or premises, provided, however, that there shall be no more than one such sign on any one lot/home space.

4. On a corner entrance into new or developing community; two (2) temporary signs each not exceeding thirty-two (32) square feet in area will be allowed pertaining to the lease or rental of lots within the community. Signs should not be placed in the sight triangle or where they would be a traffic hazard.

b. Special Use. Special uses in the MHC district are not permitted.

c. Development Standards. In the MHC district, development standards are as follows:

1. Manufactured/Mobile homes (MH): Those uses customarily associated with a mobile home community that are essential to its operation and maintenance, such as direct service facility buildings, community management buildings, maintenance buildings, community buildings, or other buildings of a similar nature.

2. Structure, accessory: Attached or detached additions to a manufactured/mobile home situated on the manufactured/mobile home space for the use of its occupants, such as decks, open or enclosed carports, garages, storage sheds, or items of a similar nature, which are subordinate and serve a principal structure or use.

 

Section 3. Site Requirements

In the MHC district, the following requirements shall apply to all buildings and structures, unless otherwise specified in this Ordinance.

a. MHC Area. The MHC shall not be less than five (5) acres in size and shall be so dimensioned as to facilitate efficient design and management. A MHC may be developed in phases, provided that each phase conform in all respects with the overall MHC development plan. The development plan must meet City of Roswell Drainage and Flood Control Ordinance. Occupancy shall not be permitted until all infrastructure, facilities and improvements are installed and operational for at least 25 % of that phase= s development.

b. No dependent mobile home shall be occupied in any MHC unless the community provides sanitary facilities and a service building containing toilet and bath facilities meeting the requirements of state and other governmental agencies.

 

 

Section 4. Area, Setback, and Height Requirements

MHC-Manufactured/ Mobile Home Community

 

MINIMUM SETBACK REQUIREMENTS (in feet)

 

Min. Unit

Length 32'

Width

8'

Minimum

Space:

Width

40'

Size

Required Yard setback:

Local Collector

Street or Arterial Street

Building

Setback from

other

property

lines:

Perimeter

 

Spacing

Mobile/Manufactured Home:

Side to Side

and

End to End

Attached or Detached Accessory :

Separation

between

Structures

Detached

Accessory

Structure: Setback from side and/or rear space lines

Max. Height:

Structure

Sign

 

 

 

4,000 S.F. Per Unit

25

35

20

20

10

5

35

Section 5. General Standards and Requirements

A community development plan shall be submitted to the Zoning Department in accordance with the procedures established in this ordinance and meeting the following standards and requirements before the issuance of a building permit. (See Article 3, Section 1 for application and review procedures.)

a. Development Plan. A development plan shall be drawn, on a 24"x 36" reproducible sheet, at a scale on which all necessary details may be clearly shown. The following shall be shown on the development plan:

1. The name of the proposed MHC, the name, and address of the owner or owners of land to be subdivided, the name, day phone and address of the developer if other than the owner or owners, and the name of the land surveyor.

2. A location map showing the proposed location of the community submitted on smaller separate sheet.

3. The location of the property with respect to surrounding property and streets, and the names of all adjoining property owners of record or the names of adjoining developments, and the name of adjoining streets.

4. The location and dimensions of all boundary lines of the property, expressed in feet and decimals of a foot.

5. The location and width of existing streets, easements, water bodies, streams, and other pertinent features such as railroads, active air strips/runways, buildings, parks, cemeteries, drainage ditches and bridges.

6. The location and width of all proposed rights-of-way, easements, alleys, other public ways, and proposed building setback lines.

7. The locations, dimensions, and area of all proposed or existing lots, home spaces.

8. The location of any proposed accessory structures such as decks, open or enclosed carports, garages, storage sheds, or items of a similar nature, which are subordinate and serve a principal structure or use, to be located on the home spaces.

9. The date of the map, approximately true north point, and scale.

10. The locations and dimensions of all property proposed to be set aside for park, playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation.

11. Name of all new streets, if applicable.

12. Indication of the use of any lot (single-section, or multi-section units, and uses other than residential, such as swimming pool, bathing facilities).

13. All residential spaces, consecutively numbered.

14. Applicant shall provide the City of Roswell three (3) prints of the development plan at the time of application of an RV Park within the zone district.

15. After final approval of the development plan, the applicant shall furnish the City two (2) final prints of the development plan.

b. Site Conditions. Conditions of soil, ground water level, drainage, and topography shall not create hazards to the property or to the health, safety, and welfare of the occupants.

c. Fencing. The MHC shall be effectively screened by placing at the lot lines which form the perimeter of the community, a solid fence or wall made of brick, masonry, stone, or wood, no less than six (6) feet in height or an irrigated and maintained landscaped screening fence or combination thereof planted of a density equaling the opacity and height of a solid fence or wall, or any combination thereof.

d. Landscaping. Landscaping is required along the perimeter of the community according to the Landscape Ordinance No. 02-2.

e. Access to the Site. Direct vehicular access to the MHC shall be provided only by means of an abutting collector or arterial street.

f. Design of Entrance and Exits (Drivepads). Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the MHC and to minimize conflicts with free movement of traffic on adjacent streets. A minimum of two (2) access points shall be provided and all traffic into and out of the community shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be a minimum of twenty-five (25) feet to facilitate easy turning movements for vehicles with trailers attached. No object or material impediment to visibility shall be created, placed or maintained which obscures the view of an approaching driver. Drivepad locations shall be constructed in accordance with the current City of Roswell Public Works Specifications.

g. Internal Streets. Streets shall be provided in the MHC where necessary to furnish principal traffic-ways for safe and convenient access to all spaces and to facilities for common use by MHC occupants. Streets shall be privately owned, constructed, and maintained.

h. Street Alignment and Gradient. Street alignment and gradient shall be properly adapted to topography, to safe movement of types of traffic anticipated, and to satisfactory control of surface water runoff.

i. Street Surfacing and Maintenance. A sound all-weather driving surface shall be provided as specified in the City of Roswell Public Works Specifications.

j. Street Widths. Streets shall be of adequate width to accommodate the anticipated parking and traffic load and in all cases shall meet the following minimum size standards:

1. Twelve (12) feet per moving lane.

2. Nine (9) feet per on-street parallel parking lane, where provided.

3. Five (5) feet additional for pedestrian use per side, if sidewalks are not provided.

4. Street widths at access points where traffic enters or leaves the park shall be of sufficient size to permit free movement to or from the stream of traffic on the

adjacent public streets, and no parking shall be permitted which in any way interferes with such free movement.

 

k. Parking Spaces. Parking spaces shall be provided in sufficient number to meet the needs of the occupants and their guests without interference with the normal movement of traffic. Parking spaces shall be provided in the ratio of two (2) off-street parking spaces per lot, with minimum dimensions of 9' x 18' for each space, and one additional off-street parking space of 9' x 18' for each three (3) lots to provide for guest parking and for delivery and service vehicles.

l. Driveways. Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings and to delivery and collection points for refuse and other materials.

m. Manufactured/Mobile Homes. Manufactured/Mobile Homes shall be installed according to the requirements of the current New Mexico Manufactured Housing Act and according to manufacture= s instructions.

n. Management Offices and Common Facilities. The structure or structures containing the management office and other common facilities shall be conveniently located for the uses intended. Consolidation of management, laundry, recreation and other common facilities in a single building and location is acceptable if the single location will adequately serve all the mobile/ manufactured home lots. All structures shall meet the requirements of the current Uniform Building Code and a City of Roswell building permit must be obtained prior to construction.

o. Recreation Area. Not less than five (5) percent of the gross site area shall be devoted to open space for recreational purposes. The open space area should have a central location.

p. Type of Occupancy. No home space shall be rented and/or leased for any use other than residential.

ARTICLE 4

RECREATIONAL VEHICLE PARKS AND CAMPGROUNDS

Section 1. Purpose

An ordinance enforcing minimum standards for travel trailer and recreational vehicle parks (RV Parks) and primitive campgrounds to promote the public health, safety and welfare, establishing requirements for the design, construction, alteration, extension and maintenance of a RV park and campground and related utilities and facilities.

Section 2. Use Regulations and Development Standards

a. Special Uses. In Recreational Vehicles and Campgrounds/RV Parks special uses are as follows:

1. Where permitted as a special use, recreational vehicle/travel trailer parks (RV Parks) shall meet the following design and performance standards, and an RV Park plan shall be submitted to the Zoning Department in accordance with the procedures established herein and elsewhere in this ordinance before the issuance of a building permit.

b. Development Standards. A plot plan shall be drawn, on a twenty-four (24) inches x thirty-six (36) inches reproducible sheet, at a scale at which all necessary details may be shown. The following shall be shown on the plot plan:

1. Name of the (RV Park), ownership, name of developer, scale, north arrow, date, and location map showing the location of the park.

2. All corners of the development tied by course and distance to established City, County or U. S. Government Survey Monuments, including a description of corner markers and indicate bases of bearings.

3. Tract boundary lines, rights-of-way lines of streets, easements and other rights-of-way, with accurate dimensions and bearings on each line and the radius, arc length, tangent length, and central angle for each curve.

4. Rights-of-way width of each public/private street and paved width, location, dimensions and purpose of any easements, fully described with the development.

5. Identification of each lot or space by letter or number.

6. Location and description of monuments, lot corners and other survey points in place.

7. Reference to recorded plats of adjoining land by record name, date, book and page number.

8. Certification by a registered land surveyor to the effect that the development plan represents a survey made or certified by the surveyor that all the monuments shown thereon actually exist and their location, size and materials are correctly shown.

9. Plot plan shall show the existing contours and proposed finish grade contours or elevations for the entire development. Existing contours for the adjacent property and streets shall be shown to the extent required to indicate the existence and solution of drainage problems. Contour intervals shall be selected with regards to the relative slope of the land, but in no event exceed one (1) foot.

10. Applicant shall provide the City of Roswell three (3) prints of the development plan at the time of application of an RV Park within the zone district.

11. After final approval of the development plan, the applicant shall furnish the City two (2) final prints of the development plan.

 

12. Drainage report shall be attached to the plot plan and meet City of Roswell Drainage and Flood Control Ordinance.

c. If construction has not begun within one year from the date of approval of the development plan, the approval shall be considered null and void.

Section 3. Area, Setback, and Height Requirements

The following requirements shall apply to all buildings and structures within a RV park, unless otherwise specified in this ordinance.

a. Park area. The RV park shall be of a size so dimensioned and related as to facilitate efficient design and management.

b. Setbacks. Building or structure setbacks from all property lines which are adjacent to local public streets shall not be less than twenty (20) feet. Setback from collector or arterial streets shall be not less than thirty-five (35) feet. Building or structure setbacks from all other property lines which form the perimeter of the RV Park shall not be less than twenty (20) feet.

c. Height. A building or structure shall not exceed thirty-five (35) feet in height.

d. Lot area. The minimum lot area or space devoted to each RV unit shall not be less than one thousand two hundred and fifty (1,250) square feet.

e. Lot width. The minimum width of a lot area or space devoted to each RV unit shall not be less than twenty-five (25) feet.

f. Spacing. The minimum side-to-side and end-to-end spacing between permitted buildings or structures other than the RV unit itself shall not be less than twenty (20) feet.

Section 4. General Standards and Requirements

a. Fencing. The RV park shall be effectively screened by placing, at the lot lines forming the perimeter of the park and abutting a residential zoning district, a solid fence or wall made of brick, masonry, stone, or wood, no less than six (6) feet in height, or an irrigated and maintained landscaped area planted at a density equaling the opacity and height of a solid fence or wall, or any combination thereof.

b. Location and Access. Direct vehicular access to the park shall be provided by means of an abutting collector or arterial street. Vehicular access shall not be provided through an alley nor be designed to require movement of traffic from or to the park through a residential zoning district.

c. Design of Entrance and Exits. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. A minimum of two (2) access points shall be provided, and all traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be a minimum of twenty-five (25) feet to facilitate easy turning movements for vehicles with trailers attached. No object or material impediment to visibility shall be created, placed or maintained which obstructs the view of a driver approaching the intersection. No entrance or exit shall be located nearer than thirty (30) feet from any street intersection or ten (10) feet from the radius point, whichever is greater.

d. Internal Streets. Streets shall be provided in the park where necessary to furnish principal traffic-ways for safe and convenient access to all spaces and to facilities for common use by park occupants. Streets shall be privately owned, constructed, and maintained.

e. Street Alignment and Gradient. Street alignment and gradient shall be properly adapted to topography, to safe movement of types of traffic anticipated, and to control surface and ground water.

f. Street Surfacing and Maintenance. A sound all-weather driving surface shall be provided as specified in the City of Roswell Public Works Specifications.

g. Street Widths. Streets shall be of adequate width to accommodate the anticipated parking and traffic load and in all cases shall meet the following minimum size standards:

1. Ten (10) feet per moving lane.

2. Seven (7) feet per on-street parallel parking lane, where provided.

3. Five (5) feet additional for pedestrian use per side, if sidewalks are not provided.

4. Street widths, at access points where traffic enters or leaves the park, shall be of sufficient size to permit free movement from or to the stream of traffic on the adjacent public streets, and no parking shall be permitted which in any way interfered with such free movement.

h. Parking Spaces. Parking spaces shall be provided in the ratio of one (1) off-street parking space per each RV unit space or each camp space with a minimum dimension of 9' x 18'.

i. Loading and Maneuvering Space. No loading or maneuvering shall be permitted on any public street, sidewalk, right-of-way, public grounds, or private grounds not a part of the RV Park. The loading and maneuvering space shall be located and scaled so that the above requirements may be observed, and the park owner or his agent shall be held responsible for violation of these requirements.

j. Driveways. Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings and to delivery and collection points for refuse and other materials. Driveways serving a single facility, an RV space or camp space shall have a minimum full width of nine (9) feet, or ten (10) feet where it is also used as a walk. It is preferred that driveways be designed as a drive-through space to eliminate backing.

k. Accessory Use. Management headquarters, recreational facilities, toilets, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to the operation of an RV Park are permitted as accessory uses, however; such establishments and the parking areas primarily related to their operation shall not occupy more than ten (10) percent of the area of the park. Prior to construction, a City of Roswell building permit must be obtained.

l. Disposal of Waste, Sewage, Garbage and Trash. No unit shall dispose of wastewater, sewage, garbage or trash except in approved facilities provided by the management for that purpose.

m. Service Building. No dependent unit shall be located more that three hundred (300) feet from a service building containing toilet and bath facilities as prescribed herein. The service building shall be of permanent construction and in accordance with the Uniform Building Code. Prior to construction, a City of Roswell building permit must be obtained.

n. Minimum required toilet facilities. Two (2) toilets, two (2) sinks, and two (2) bathing facilities whether dependent or independent units. The following schedule is for dependent units.

No. of Dependent

Trailer Spaces Toilets Sinks Bathing Stalls

6 - 10 4 2 2

11 - 20 6 2 2

21 - 30 8 4 4

31 - 55 10 4 4

56 - 80 12 4 4

81 - 105 14 4 4

1. Urinals shall be acceptable for no more than one-third (1/3) of the toilets required in the men's facilities.

 

o. Sanitary Stations.

1. Sufficient facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks in a clean, efficient and convenient manner.

2. Each sanitary station shall consist of a drainage basin constructed of impervious material, and containing a disposal hatch and self-closing cover and related working facilities.

3. Sanitary stations shall be located not less than fifty (50) feet from any space or other residential area. Such facilities shall be screened from other activities by visual barriers such as fences, walls, or natural growth.

4. The disposal hatch of sanitary station units shall be connected to the park sewage disposal system. Related facilities required to wash holding tanks and the general area of the sanitary station shall be connected to the park water supply system.

p. Exterior Lighting. Exterior lighting shall be required and shall be so located and shielded as to prevent direct illumination of sleeping areas within the park and any contiguous property (of a more restrictive zoning district).

q. Cooking Shelters, Barbecue Pits, and Fireplaces. These shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance both on the property on which it is used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended, and all open fires shall be extinguished before occupants of spaces retire or leave the area. No fuel or material, which emits dense smoke or objectionable odors, shall be used or burned.

r. Spaces for Occupancy -- Uses Permitted and Length of Stay. Spaces in RV Parks may be used by travel trailers, equivalent facilities constructed in or on automotive vehicles, tents, or other short-term housing or shelter arrangements or devices. The wheels of an RV shall not be removed, except temporarily, when necessary for repairs. Jacks or stabilizers may be placed under the frame of the travel trailer to prevent movement of the springs while the RV is parked and occupied.

ARTICLE 5

Location of Mobile Homes, Trailers, Boats and Oversized Vehicles Outside of Approved Subdivisions or Parks

A mobile home, travel trailer, recreational vehicle, oversize vehicle, tractor trailer, boat trailer, or boat shall not be parked, stored, or used as a dwelling by any person on any street, alley, or highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, except in approved areas as provided elsewhere in this Ordinance or as provided herein. In all cases, the unit shall comply with the regulations specified in the Uniform Building Code for the fire zone in which it is to be placed.

Section 9. Use Regulations and Development Standards

a. Permitted Uses. Emergency or temporary stopping or parking is permitted on any street, alley, or highway for not longer than seventy-two (72) hours, subject to any further prohibitions, regulations, or limitations imposed by other traffic and parking regulations and ordinances for that street, alley, or highway.

b. Conditional Uses. Parking in the required front or side yards is permitted with a Conditional Use permit. An applicant for a conditional use permit shall complete and submit the approved application form in accordance with the procedures established herein for a special use. The applicant shall be the property owner. In addition to the items listed in Article 3, Section 4.b "Application for a Special Use", the application must state the information on the vehicle for which the request is being made, including year, make/model, vehicle number, and external dimensions.

Section 10. Site Requirements

a. No person shall park or occupy any travel trailer, recreational vehicle, oversized vehicle, boat trailer, or boat on the premises of any lot having a principal structure except in the following instances:

1. The vehicle or boat is parked in a completely enclosed area.

2. Outside storage of the travel trailer, recreational vehicle, oversized vehicle, boat trailer, or boat shall be within the side or rear yard, but not within the five (5) feet rear and/or side yard property lines.

3. The travel trailer, recreational vehicle, oversized vehicle, or boat shall not be used as a dwelling or as accessory living quarters, except as follows:

a. A travel trailer, recreational vehicle, or oversize vehicle designed for occupancy and parked as provided below, may be occupied, but such occupancy shall not exceed ten (10) days per occupancy, with a limit of three (3) occupancies per year. These vehicles shall not discharge any litter, sewage effluent, or other matter except into sanitary facilities designed to dispose of such materials.

b. The unit must be parked as close to perpendicular as practical to the front curb, the body of the oversize vehicle is at least eleven (11) feet from the face of the curb, and at least one (1) foot from side and/or rear yard property lines, and no part of the oversize vehicle extends over a public sidewalk.

b. The travel trailer, recreational vehicle, oversized vehicle or boat shall not be permanently connected to sewer lines, water lines, or electricity. The travel trailer, recreational vehicle, oversized vehicle or boat may be connected to electricity, temporarily, for charging batteries and other purposes if the receptacle and the connection from the vehicle have been inspected and approved. It is the responsibility of the oversize vehicle owner to insure that the electric circuitry is in accordance with the National Electrical Code.

c. The travel trailer, recreational vehicle, oversized vehicle, or boat shall not be used for the storage of goods, materials, or equipment other than those items considered to be a part of

the travel trailer, recreational vehicle, oversize vehicle, or boat or essential for its immediate use.

d. An oversize vehicle may be parked on a vacant lot, but may not be occupied, as provided below. One oversize vehicle may be parked on a unoccupied or vacant lot provided the following conditions are met:

1. The oversize vehicle owner owns the vacant lot, and

2. The oversize vehicle owner owns and occupies a dwelling on a lot contiguous to the vacant lot, and

3. The oversize vehicle is parked no closer to the front property line than the front yard setback requirement for that residential district, or it can be no closer than the setback established by an adjacent lot's dwelling, whichever is further, and

4. The oversize vehicle is not occupied.

e. One mobile home, travel trailer, or oversize vehicle, if designed for occupancy, may be used on a vacant lot as a temporary dwelling unit, with connections to any or all utilities during the construction of a permanent dwelling unit, or in the event that a principal structure or principal business structure is damaged or destroyed, provided the use of the mobile home, travel trailer, or oversize vehicle is limited to a maximum period of six (6) months commencing from the date of issuance of the building permit required for the construction of the permanent dwelling or business unit. A permit for this use shall be obtained from the City of Roswell building inspector upon application for the building permit and approved by the zoning administrator.

f. A mobile home, or travel trailer, or an oversize vehicle, if designed for occupancy, may be used for office work only while a new building is under construction on the same site. A permit for this use shall be obtained from the City of Roswell building inspector upon application for the building permit.

g. Institutions which are publicly owned, operated, and maintained may utilize one mobile home on the premises as a residence for a watchman or caretaker and his immediate family.

h. A truck tractor and/or its trailer shall not be parked or stored in any residentially zoned area.

 

PASSED, ADOPTED, SIGNED AND APPROVED on the 12th day of June, 2003.

City Seal

_____________________________

Bill B. Owen, Mayor

_______________________________

Timothy D. Stoessel, City Clerk

Planning Home Page

 

ORDINANCE NO. 01-06

AN ORDINANCE OF THE CITY OF ROSWELL AMENDING ARTICLE 3, SECTION 4. BY ADDING A AND HOME OCCUPATION CONDITIONAL USE PERMITS;@ ARTICLE 4, DEFINITIONS; ARTICLES 6,7, 8, 9, 10, 11, AND 12 RESIDENTIAL DISTRICTS; SECTION 2 A. OF ARTICLES 6,7, 8, 9, 10, 11, AND 12 TO ADD THE WORD A MINOR@ TO HOME OCCUPATIONS; AND ARTICLES 9 AND 10. SECTION 2, ADD A C. CONDITIONAL USE: NO. 1 HOME OCCUPATION@ TO ZONING ORDINANCE NO. 1227.

WHEREAS, the Governing Body, the City Council of Roswell, New Mexico, desires to prescribe regulations relating to Home Occupations and creating two classifications of Home Occupations, Major and Minor, in Residential Zoning Districts.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY, THE CITY COUNCIL OF ROSWELL, NEW MEXICO, THAT:

Article 24 be added to the Roswell Zoning Ordinances as follows:

 

  1. ARTICLE 24

HOME OCCUPATIONS

 

Section 1. Purpose:

The standards and regulations of this Section are designed to protect and maintain the character of residential areas while recognizing that certain professional and trade activities may, on a limited scale, with no physical outside evidence of a business use, be acceptable accessory uses in residential dwellings. These activities are subordinate to the right of surrounding residents to enjoy the use of their property for residential purposes (R-S through R-4).

 

Section 2. Minor and Major Home Occupations:

    1. Permits shall be required for all Home Occupations. Minor and Major Home Occupations require a City of Roswell Business License Registration. Major Home Occupations require a Conditional Use Permit prior to the issuance of a City of Roswell Business License Registration.

    2. Home Occupations are permitted in R-S, R-1, R-2, R-3 and R-4 Residential Districts. Major Home Occupations are permitted in R-3 and R-4 Residential Districts.

  1. The business owner for which the home occupation is requested shall live on the premises. The business owner shall be the owner of the residence, have some controlling interest in the property, or have the written consent and signature of the property owner or his/her agent (a notarized statement) allowing the home occupation to be conducted on the premises.

  2. A Major Home Occupation may be conducted only after approval of an application for a Conditional Use Permit at a Public Hearing held by the Planning and Zoning Commission. The Planning and Zoning Commission may grant such a permit if it is determined that:

      1. Such application conforms to the standards and provisions for Major Home Occupations as set forth in this Article; and

         

      2. Such application meets the standards and procedures for a Special Use Permit as set forth in Article 3, Amendments, Changes and Procedures Section 4. Special Uses; and

      3. Such home occupation will not cause an adverse impact on the residential character of the premises or neighborhood.

  3. A Conditional Use Permit for a Major Home Occupation shall be subject to an application fee.

  4. Violations. If it is determined by inspection or public complaint that the operation of a Minor or Major Home Occupation is in violation of any provision of this Article or the Conditional Use Permit, action may be taken through City Council procedures to revoke the Business License Registration. A violator may also be subject to legal sanctions.

 

Section 3. General Guidelines for Minor and Major Home Occupations.

The following guidelines shall apply to all Home Occupations and shall also be considered by the Planning and Zoning Commission in its determination whether to issue a Conditional Use Permit.

    1. No alterations of a property or any buildings located thereon shall be made which change the residential character and appearance of that property and its buildings.

    1. No traffic shall be generated by such Home Occupation in greater volumes than would normally be expected in a residential neighborhood. Deliveries to and from the home occupation shall not require the use of vehicles other than parcel post or similar service vehicles. Commercial deliveries by semi-trailers or similar vehicles will not be permitted, nor shall the home occupation operator make use of these vehicles at the residence.

    2. No outdoor storage or display of stock-in-trade, materials or equipment is permitted in a home occupation.

    3. No sale or accumulation of salvage is permitted as a home occupation.

    4. No flammable and/or hazardous products and/or materials deemed inappropriate for a residential use by the building, wastewater, fire, New Mexico Environmental Department, or other governmental departments shall be permitted as a part of a home occupation.

    5. No activity shall be allowed which would interfere with radio or television transmission or reception in the area or create any offensive noise, vibration, smoke, dust, odors, heat or glare.

    6. No home occupation shall be permitted which includes the sale of stock or merchandise on the premises. However, incidental sales to clients, by mail, telephone or internet may be made in connection with a home occupation.

    7. No external evidence of the activity shall create any offensive noise, vibration, smoke, dust, odors, heat or glare.

    8. No heavy equipment shall be installed or used except such that is used for normal domestic or household purposes.

    9. No clients or students are permitted on the premises except between the hours of 8 A.M. to 8 P.M.

 

Section 4. Minor Home Occupations:

 

    1. Standards for Minor Home Occupations. The following regulations shall apply to all Minor Home Occupations.

1. Minor home occupations shall be conducted entirely within the principal dwelling. However, exceptions may be approved by the Zoning Department for outside activities that have a muted noise level and would not be offensive to the neighbors.

      1. Only persons residing on the premises shall be employed in any minor home occupation.

      2. The minor home occupation shall be incidental to the use of the dwelling for residential purposes. No more than twenty-five percent (25%) of the floor area of the principal building shall be devoted to the minor home occupation.

      3. Storage in connection with any home occupation shall be totally enclosed within the structure and within the square footage allowed. A site plan must be submitted and approved by the Zoning Office prior to the issuance of a Business License Registration.

      4. There shall be no advertising, display or other indications of a minor home occupation on the premises.

      5. Family Day Care Homes:

        1. Family Day Care Homes for children are limited to six (6) children during a 24-hour time period. Family Day Care Homes are not subject to restricted hours of operation due to the nature of the business.
        2. Family Day Care Homes for adults are limited to four (4) adults during a 24-hour time period. Family Day Care Homes are not subject to restricted hours of operation due to the nature of the business.

      1. Instruction of students shall be limited to three (3) pupils at a time for a maximum of six (6) per day.

      2. A minor home occupation shall not generate the need for creating additional parking on premises.

B. Permitted Minor Home Occupations. Permitted Minor Home Occupations in the R-S, R-1, R-2, R-3, and R-4 Residential Districts include the following:

    1. Private offices for accountants, architects, brokers, contractors, engineers, land surveyors, lawyers, insurance agents, clergy members, traveling salespeople or manufacturer= s representatives. Such office shall not be open to the general public. All meetings with clients shall be by appointment only, and only one client shall be allowed on the premises at any given time, for a maximum of six (6) clients per day.

  1. Medical offices for professionals are permitted as Minor Occupations for their own personal use but not for the practice of their professions, and not for consultation with clients except for emergencies.

  2. Therapists. Such offices shall not be open to the general public. All meetings with a client shall be by appointment only, and only one client shall be allowed on the premises at any given time for a maximum of six (6) per day.

  3. Small home crafts such as miniature model making, rug weaving, and lapidary work, and workshop or studio for an artist, photographer, writer, composer, dressmaker, tailor, typist or computer programmer (some light carpentry or light welding incidental to the craft or art is acceptable). Such home workshops or studios shall not be open to the general public. Meetings with clients shall be by appointment only, and only one client shall be allowed on the premises at any given time for a maximum of six (6) clients per day.

  4. Instruction in music, arts, crafts, dance, and general tutoring is limited to no more than three (3) pupils at a time, for a maximum of six (6) pupils per day.

  5. Mobile repair service conducted only at the client= s site (small appliance, computer and electronics). No exception for outside activity or storage is permitted.

  6. Other uses that meet the intent and purpose of this Article and are similar and comparable to those uses listed above.

    1. Prohibited Minor Home Occupations. The following uses, by the nature of the investment or operation have a pronounced tendency once started, to rapidly increase beyond the limits intended for Minor Home Occupations and thereby impair the use and value of a residentially zoned area.

Therefore, the uses specified below shall not be permitted as Minor Home Occupations:

    1. Major Home Occupation

    2. Barber and/or beauty shops.

    3. Workshops for heavy carpentry, household furniture or cabinet making.

  1. Medical or dental offices in which there is client consultation, such as that which are permitted as a Major Home Occupation.

  2. Small appliance, computer and/or electronic repair shop.

  3. Small engine repair.

  4. Tow truck service or storage of towed vehicles.

  5. Welding (Non-incidental).

  6. Painting and/or body repair of vehicles, trailers, or boats.

  7. Furniture Refinishing and/or Painting.

  8. Any use listed as a Commercial and/or Industrial permitted use.

     

  9. Other uses that do not meet the intent and purpose of this Article and are similar and comparable to the examples listed above.

 

Section 5. Major Home Occupations:

    1. Standards for Major Home Occupations. The following regulations shall apply to all Major Home Occupations. Only one Major Home Occupation may be permitted per residence:

      1. A site plan must be submitted and approved by the Planning & Zoning Commission at a Public Hearing prior to the issuance of a City of Roswell Business License Registration.

      2. The business owner for which the major home occupation is requested shall live on the premises. The business owner shall be the owner of the residence, have some controlling interest in the property, or have the written consent and signature of the property owner or his/her agent (a notarized statement) allowing the home occupation to be conducted on the premises.

      3. The major home occupation shall be conducted entirely within completely enclosed structures. However, exceptions may be granted by the Planning and Zoning Commission, during the Public Hearing process, for outside activities that have a muted noise level and would not be offensive to the neighbors.

      4. No more than one (1) worker, in addition to the inhabitants of the residence shall be on the premises at one time to conduct the major home occupation.

      5. The major home occupation shall be incidental to the use for residential purposes.

          1. No more than twenty-five percent (25%) of all structures shall be devoted to the major home occupation. Storage shall not exceed ten (10) percent of the floor area devoted to the home occupation.
          2. An accessory building may be used for a major home occupation, to include storage, if approved by the Planning and Zoning Commission at a Public Hearing prior to issuance of the business license.
          3. Storage in connection with any home occupation shall be totally enclosed within the structures.

      6. Instruction of students shall be limited to not more than three (3) pupils at one time, for a maximum of twelve (12) pupils per day or as determined during the Conditional Use Permit Public Hearing process.

      7. Major home occupations are subject to inspection by City officials after issuance of business license registration.

    2. Permitted Major Home Occupations. Permitted Major Home Occupations in the R-3 and R-4 Residential District include the following:

      1. Any use permitted in the Minor Home Occupations.

      2. Group Day Care Homes:

        1. Group Day Care Homes for Children are limited to twelve (12) children during a 24-hour time period and are permitted to have one employee on the premises. Group Day Care Homes are not subject to restricted hours of operation due to the nature of the business.
        2. Group Day Care Homes for Adults are limited to six (6) adults during a 24-hour time period and are permitted to have one employee on the premises. Group Day Care Homes are not subject to restricted hours of operation due to the nature of the business.

         

      3. Small appliance, computer, and electronics repair. No exception for outside activity or storage is permitted.

      4. Small engine repair as a mobile service, conducted at the client= s site. No exception for outside activity or storage is permitted.

      5. Retail photo developing as a mail order service.

      6. Other uses that meet the intent and purpose of this Article and are similar or comparable to those uses listed above.

       

    3. Prohibited Major Home Occupations. The following uses, by nature of the investments or operation, have a pronounced tendency once started, to rapidly increase beyond the limits intended for Major Home Occupations, and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified below shall not be permitted as Major Home Occupations:

      1. Antique, furniture or gift shops.

      2. Beauty shop, barber shop, body piercing, or tattoo shops.

      3. On site small engine repair shops.

      4. Welding (Non-incidental)

      5. Pet shops, kennels, animal hospitals, or other related pet businesses.

      6. Funeral homes, mortuaries, crematories and other related services.

      7. Restaurants.

      8. Merchandise/equipment rental businesses.

      9. Taxi-cab service and vehicles for hire.

      10. Tow truck service or storage of towed vehicles.

      11. Heavy Construction contracting involving the parking and/or storage of special purpose vehicles or building materials on the premises.

      12. Auto, boat or motorcycle repair, including general repair, body/frame repair, painting, sanding, and rebuilding, reconditioning of engines, motor vehicles, and trailers, vehicle steam cleaning and undercoating.
      13. The sale of gasoline or oil or other fuel for the lubrication and/or propulsion of motor vehicles.

      14. Any use listed as a Commercial and/or Industrial permitted use.

      15. Other uses that do not meet the intent and purpose of this Article and are similar and comparable to those uses listed above.

Section 6. Appeal of a Decision or Determination of the City Staff.

Any person or party aggrieved with the decision or determination made by the City staff in the enforcement of this Home Occupation Article may appeal to the Planning and Zoning Commission in accordance with Article 3, Section 9, c, Zoning Ordinance.

Any person or party aggrieved with the decision made by the Planning and Zoning Commission may appeal to the City Council by the same procedures as stated above.

 

 

 

PASSED, ADOPTED, SIGNED AND APPROVED THIS 13TH Day of December, 2001.

 

 

 

CITY SEAL

 

 

 

BILL B. OWEN, Mayor

 

 

TIMOTHY D. STOESSEL, City Clerk

Planning Home Page