A.
Mobile home parks may hereafter be established only in accordance
with the procedures, requirements and limitations set forth in this
article. Mobile home parks, with such additional supporting uses and
occupancies as are permitted herein, may be established subject to
the requirements and limitations set forth in these and other regulations.
For purposes of this article, manufactured homes are not considered
to be mobile homes.
B.
It is the intent of this article to recognize mobile homes constructed
prior to October 1, 1974, as distinct and different from units designed
as mobile home within the definitions of this article and to prohibit
units not meeting the requirements for mobile homes as defined herein.
Units constructed more than 10 years of age at such time the mobile
home is located within the City of New Lisbon is prohibited. Mobile
homes meeting the requirements of the Uniform Dwelling Code shall
not be permitted in a mobile home park except as a conditional use.
Such conditional use permits may be obtained only after approval by
the Common Council.
[Amended 10-21-2013 by Ord. No. 2013-1; 9-17-2018 by Ord. No. 0820-18-01]
A.
DEPENDENT MOBILE HOME
LICENSEE or OPERATOR
LICENSING AUTHORITY
MOBILE HOME PARK
MOBILE HOME SUBDIVISION
NONDEPENDENT UNIT
PERSON
RESIDENTIAL MOBILE HOME
SPACE
UNIT
The following
definitions are used in this article:
A mobile home which does not have complete bathroom facilities.
Any person licensed to operate and maintain a mobile home
park under this article.
The City of New Lisbon.
As defined in § 520-131.
[Amended 10-21-2013 by Ord. No. 2013-1]
A parcel of land platted for subdivision according to all requirements of Chapter 515, Subdivision of Land, of this Code and the Comprehensive Plan and designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by mobile homes.
A mobile home that has a complete toilet and bath or shower
facilities.
An individual, partnership, firm, corporation, association,
or trust, whether owner, lessee, licensee or their agent, heir or
assignee.
A single-family dwelling built on or after October 1, 1974,
in accordance with the ANSI Code (American National Standards Institute)
or in accordance with the HUD Code (Housing and Urban Development),
both of which govern the heating and cooling systems, electrical systems,
firesafety, body and frame construction, thermal protections and plumbing
systems. All said homes shall bear the proper approved Wisconsin insignia
as required by §§ SPS 320.12 to 320.17, Wis. Adm. Code.
"Mobile home" also means any coach, cabin, trailer, house car or other
structure which is, or was as originally constructed, designed to
be transported by any motor vehicle upon a public highway and designed,
equipped or used for sleeping, eating or living quarters or as a place
of business, or is intended to be so used, whether mounted upon wheels
or supports or capable of being moved by its own power or transported
by another vehicle, and includes any additions, attachments, foundations,
annexes and appurtenances thereto.
A plot of ground within a mobile home park designed for the
accommodation of one mobile home unit.
Any mobile home unit.
B.
In addition
to the above definitions, definitions contained in § 66.0435,
Wis. Stats., shall also be applicable.
A.
It shall be unlawful, except as provided in this article or elsewhere
in this chapter, for any person to park or use any mobile home on
any street, alley, highway or road or other public place or on any
parcel of land or other space within the City of New Lisbon.
B.
Emergency or temporary stopping or parking is permitted on any street,
alley, highway or road for no longer than six hours, subject to any
other and further prohibition, regulation or limitation imposed by
the traffic and parking regulations or ordinance for that street,
alley, highway or road.
C.
In mobile home parks, recreational vehicles shall not be occupied
as living quarters and sales lots shall not be permitted.
D.
No mobile home park site shall be rented for a period of less than
30 days.
E.
No person shall park or occupy any mobile home on any premises which
is situated outside an approved, licensed mobile home park.
A.
It shall be unlawful for any person to establish, operate or maintain
or permit to be established, operated or maintained upon any property
owned, leased or controlled by him/her a mobile home park within the
limits of the City of New Lisbon without first having obtained a license
for each such mobile home park from the Common Council pursuant to
this article. Such license shall expire one year from the date of
issuance but may be renewed under the provisions of this article for
additional periods of one year.
C.
The application for a license or a renewal thereof shall be made
on forms furnished by the Zoning Administrator and shall include the
name and address of the owner in fee of the lands upon which said
mobile home park is to be located (if the fee is vested in some person
other than the applicant, a duly verified statement by that person
that the applicant is authorized by him/her to construct or maintain
the mobile home park and to apply for a license shall be provided)
and the location and legal description of the premises upon which
the mobile home park is to be or is located as will readily identify
and definitely locate the premises. The application shall be accompanied
by two copies of the complete mobile home park plan showing the following,
either existing or as proposed: the extent and area used for mobile
home park purposes; roadways and driveways; location of space for
mobile homes; location and number of sanitary conveniences, including
toilets, washrooms, laundries and utility rooms, to be used by occupants
of spaces; method and plan of sewage disposal; method and plan of
garbage removal; plan for water supply; plan for lighting of spaces;
plan for rubbish disposal; and all other matters required of this
chapter. If the existing or proposed mobile home park is designed
to serve nondependent mobile home units, such plans shall clearly
set forth the location of all sewer and water pipes and connections.
D.
Every licensee shall furnish the Zoning Administrator and City Assessor
with information on mobile homes added to the mobile home park within
five days after their arrival on forms prescribed by the Department
of Revenue.
A.
No mobile home park license shall be issued until the Zoning Administrator
shall notify the Common Council and the Common Council or its designee
shall have inspected each application and the premises on which mobile
homes will be located to ensure compliance with the regulations, ordinances
and laws applicable thereto. No license will be renewed without a
reinspection of the premises. For the purposes of making inspections
and securing the enforcement of this chapter, such officials or their
authorized agents shall have the right and are hereby empowered to
enter on any premises on which a mobile home is located, or about
to be located, and to inspect the same and all accommodations connected
therewith at any reasonable time.
B.
Whenever the Common Council determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this chapter, the Common Council shall give notice of such alleged
violation to the person to whom the permit or license was issued,
as hereinafter provided. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time for the performance of any act it requires.
(4)
Be served upon the owner or his/her agent as the case may require,
provided that such notice or order shall be deemed to have been properly
served upon such owner or agent when a copy thereof has been sent
by registered mail to his/her last known address or when he/she has
been served with such notice by any method authorized or required
by the laws of this state.
(5)
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this chapter.
C.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter shall take the remedial action required to effect compliance with the provisions of this chapter. In the event that such action is not taken in the period provided for in the notice issued pursuant to Subsection B herein, the license or permit shall be subject to revocation or suspension pursuant to § 66.0435(2)(d), Wis. Stats. The holder of the license or permit shall be entitled to a public hearing on the issue of revocation or suspension, shall be given 10 days' notice in writing of such hearing and shall be entitled to appear and be heard as to why such license shall not be revoked. The holder of such permit or license shall have such rights to appeal revocation or suspension of his/her permit or license as shall be provided by law.
A.
Each mobile home space/lot within a mobile home park shall be clearly
defined and shall contain at least 3,000 square feet of land area
for the exclusive use of the occupant; such space shall be no less
than 50 feet in width and no less than 85 feet in depth. The area
occupied by a mobile home shall not exceed 50% of the total area of
the mobile home space (including any awnings, carports, vehicles or
attachments thereto). Each mobile home space shall be landscaped in
accordance with the plans approved by the Common Council. The mobile
home park shall be so arranged that all spaces shall face or abut
on an approved public roadway giving easy access thereto. The yard
shall be landscaped except for necessary driveway and sidewalk needs,
which shall not exceed 1/2 the width of the space. Temporary storage
shall not be allowed on lawn areas.[1]
B.
Roadways shall be at least 66 feet in width and shall be paved to
City specifications. There shall be a concrete sidewalk along at least
one side of roads and access drives off roads to all parking spaces
and mobile home spaces shall be paved.
C.
A minimum of two off-street parking spaces surfaced with bituminous
concrete or similar material capable of carrying a wheel load of 4,000
pounds shall be provided for each mobile home space. Each mobile home
park shall maintain paved off-street parking lots for guests of occupants
in the amount of one parking space for each mobile home space. Such
parking shall be located within 300 feet of the mobile homes to be
served.
D.
Each space shall be properly landscaped with at least one tree, hedges,
grass, fences, windbreaks and the like. All mobile home parks shall
have a greenbelt or buffer strip not less than 20 feet wide along
all boundaries. Unless adequately screened by existing vegetative
cover, all mobile home parks shall be provided within such greenbelt
or buffer strip with screening of natural growth or screen fence,
except where the adjoining property is also a mobile home park. Compliance
with this requirement shall be made within five years from the granting
of the mobile home park developer's permit. Permanent planting shall
be grown and maintained at a height of not less than six feet. Screening
or planting requirements may be waived or modified by the governing
body if it finds that the exterior architectural appeal and functional
plan of the park, when completed, will be materially enhanced by modification
or elimination of such screen planting requirements.
E.
No mobile home shall be parked closer than 10 feet to the side lot
lines nor closer than 25 feet to the front (street) lot line or within
25 feet of the rear lot line.
F.
There shall be an open space of at least 10 feet between the sides
of adjacent mobile homes. Automobiles may park no closer than five
feet to the side of any mobile home; automobiles shall not, however,
be parked nearer than five feet to any side lot line.
G.
No tents shall be erected or occupied on any space, and there shall
be no outdoor camping anywhere in the mobile home park.
H.
All nondependent units must be connected to public water and sanitary
sewer systems, and plans for disposal of surface stormwater shall
be approved by the Common Council.
I.
Every mobile home space shall be furnished with an electric service
outlet. Such outlet shall be equipped with an externally operated
switch or fuse with not less than 100 amperes' capacity and a heavy-duty
outlet receptacle. All utility lines shall be placed underground.
J.
No mobile home shall be parked in a mobile home park outside of a
designated space therein.
K.
Each mobile home space shall contain a paved area upon which said
mobile home is to be placed. Said paved area shall be at least as
large as the mobile home which is to be placed thereon.
M.
The mobile home park shall contain a recreation area. The recreation
area shall be a minimum of 1/2 acre for each 100 sites. The minimum
recreation area in a mobile home park shall be 1/2 acre.
A.
An adequate supply of pure water furnished through a pipe distribution
system connected directly with the public water main shall be furnished
for drinking and domestic service in all mobile home parks.
B.
Individual water service connections provided for direct use of an
independent unit shall be so constructed that they will not be damaged
by the parking of such mobile home. Such system shall be adequate
to provide pressure of 20 pounds per square inch and capable of furnishing
a minimum of 125 gallons of water per day per space.
C.
No common drinking vessels shall be permitted, nor shall any drinking
water faucets be placed in any toilet room.
A.
All liquid wastes from showers, toilets, laundries, faucets, lavatories,
etc., shall be discharged into the public sewer system.
B.
Every space designed to serve a nondependent unit shall be provided
with sewer connections which shall comply with all applicable state
plumbing codes. The sewer connections shall be provided with suitable
fittings so that watertight connections can be made. Such connections
shall be so constructed that they can be closed when not connected
and trapped in such a manner as to be maintained in an odor-free condition.
C.
All sanitary facilities in any unit which are not connected with
a public sewer system by approved pipe connections shall be sealed
and their use is hereby declared unlawful.
D.
Each faucet shall be equipped with facilities for drainage of waste
and excess water.
There shall be at least 20 spaces in each mobile home park and
no more than 200 spaces; all requirements of this article for the
issuance of a license shall be complied with prior to the issuance
of such license and proper rezoning as to each of the available spaces
designed into said mobile home park. All accommodations required by
this article shall be based upon the total park capacity according
to the accepted plans.
The attendant or person in charge and the park licensee shall
operate the park in compliance with this chapter and regulations and
ordinances of the City and state and their agents or officers and
shall have the following duties. They shall:
A.
Maintain a register of all park occupants, to be open at all times
to inspection by state, federal and municipal officers, which shall
show:
(1)
Names and addresses of all owners and occupants of each mobile
home.
(2)
Number of children of school age.
(3)
State of legal residence.
(4)
Dates of entrance and departure of each mobile home.
(5)
Make, model, year and serial number or license number of each
mobile home and towing or other motor vehicles and state, territory
or country which issued such licenses.
(6)
Place of employment of each occupant, if any.
B.
Notify park occupants of the provisions of this chapter and inform
them of their duties and responsibilities and report promptly to the
proper authorities any violations of this chapter or any other violations
of law which may come to their attention.
C.
Report to City authorities all cases of persons or animals affected
or suspected of being affected with any dangerous communicable disease.
D.
Supervise the placement of each mobile home on its stand, which includes
securing its stability and installing all utility connections and
tie-downs, in accordance with the laws of the State of Wisconsin and
the ordinances and regulations of the City.
E.
Maintain park grounds, buildings and structures free of insect and
rodent harborage and infestation and accumulations of debris which
may provide rodent harborage or breeding places for flies, mosquitoes
and other pests.
F.
Maintain the park free from growth of noxious weeds.
G.
Maintain the park free of litter, rubbish and other flammable materials
and provide portable fire extinguishers of a type approved by the
Fire Chief in all locations designated by the Chief and maintain such
extinguishers in good operating condition and cause every area within
the park designated as a fire lane by the Fire Chief to be kept free
and clear of obstructions.
A.
Park occupants shall comply with all applicable requirements of this
chapter and regulations issued hereunder and shall maintain their
mobile home space, its facilities and equipment in good repair and
in a clean and sanitary condition.
B.
Park occupants shall be responsible for proper placement of their
mobile homes on the mobile home stand and proper installation of all
utility connections in accordance with the instructions of the park
management.
C.
No owner or person in charge of a dog, cat or other pet animal shall
permit it to run at large or to cause any nuisance within the limits
of any mobile home park in accordance with the laws of the State of
Wisconsin and the ordinances and regulations of the City.[1]
D.
It shall be the duty of every occupant of a park to give the park
licensee or management, or his/her agent or employee, access to any
part of such park or mobile home premises at reasonable times for
the purpose of making such repairs or alterations as are necessary
to effect compliance with this chapter or any law or ordinance of
the state or City or lawful regulation or order adopted thereunder.
E.
Mobile homes shall be parked only on the mobile home stands provided
and shall be placed thereon in accordance with all requirements of
this chapter.
F.
No mobile home owner or occupant shall conduct in any unit or any
mobile home park any business or engage in any other activity which
would not be permitted in single-family residential areas in the City.
G.
No person shall discharge any wastewater on the surface of the ground
within any mobile home park.
H.
No person shall erect or place upon any mobile home space any permanent
or temporary structure intended to be used for dwelling purposes or
in connection with any mobile home unit except as specifically authorized
by this chapter.
A.
Wrecked, damaged or dilapidated mobile homes or those less than 14
feet in width shall not be kept or stored in a mobile home park or
upon any premises in the City. The Building Inspector shall determine
if a mobile home is damaged or dilapidated to a point which makes
it unfit for human occupancy. Such mobile homes are hereby declared
to be a public nuisance. Whenever the Building Inspector so determines,
he/she shall notify the licensee or landowner and owner of the mobile
home in writing that such public nuisance exists within the park or
on lands owned by him/her giving the findings upon which his/her determination
is based and shall order such home removed from the park or site or
repaired to a safe, sanitary and wholesome condition of occupancy
within a reasonable time, but not less than 30 days.
[Amended 10-6-2003]
B.
The Building Inspector, Fire Chief or their lawful agents or employees
are authorized and directed to inspect mobile home parks not less
than once in every twelve-month period to determine the health, safety
and welfare of the occupants of the park and inhabitants of the City
as affected thereby and the compliance of structures and activities
therein with this chapter and all other applicable laws of the state
and ordinances of the City.
D.
All plumbing, building, electrical, oil or gas distribution, alterations
or repairs in the park shall be in accordance with the regulations
of applicable laws, ordinances and regulations of the state and municipality
and their authorized agents.
E.
All mobile homes in mobile home parks shall be skirted unless the
unit is placed within one foot vertically of the stand with soil or
other material completely closing such space from view and entry by
rodents and vermin. Areas enclosed by such skirting shall be maintained
free of rodents and fire hazards.
F.
No person shall construct, alter or add to any structure, attachment
or building in a mobile home park or on a mobile home space without
a permit from the Building Inspector. Construction on or addition
or alteration to the exterior of a mobile home shall be of the same
type of construction and materials as the mobile home affected. This
subsection shall not apply to addition of awnings, antennas or skirting
to mobile homes. Accessory structures on mobile home spaces shall
comply with all setback, side yard and rear yard requirements for
mobile home units.
G.
Storage under mobile homes is prohibited.
All plumbing, electric, electrical, building and other work
on or at any mobile home park under this chapter shall be in accordance
with the ordinances of the City and the requirements of the state
plumbing, electrical and building codes and the regulations of the
State Department of Health Services. Licenses and permits granted
under this chapter grant no right to erect or repair any structure,
to do any plumbing work or to do any electric work.
A.
In connection with mobile home parks, no sign intended to be read
from any public way adjoining the district shall be permitted except
the following:
(1)
No
more than one identification sign, not exceeding 20 square feet in
area, may be erected for each principal entrance.
(2)
No
more than one sign, not exceeding four square feet in area, advertising
property for sale, lease or rent, or indicating "Vacancy" or "No Vacancy,"
may be erected at each principal entrance.
(3)
In
the case of new mobile home parks consisting in whole or in part of
mobile home subdivisions or condominiums, one sign, not exceeding
20 square feet in area, may be erected for a period of not more than
two years at each principal entrance to advertise the sale of lots
or dwellings.
B.
No source of illumination for any such signs shall be directly visible
from adjoining streets or residential property, and no such signs
shall be erected within five feet of any exterior property line.
The following guides, standards and requirements shall apply
in site planning for mobile home parks:
A.
Principal vehicular access points. Principal vehicular access points
shall be designed to encourage smooth traffic flow with controlled
turning movements and minimum hazards to vehicular or pedestrian traffic.
Merging and turnout lanes and/or traffic dividers shall be required
where existing or anticipated heavy flows indicate need. In general,
minor streets shall not be connected with streets outside the park
in such a way as to encourage the use of such minor streets by substantial
amounts of through traffic. No lot within the park shall have direct
vehicular access to a street bordering the development.
B.
Access for pedestrians and cyclists. Access for pedestrians and cyclists
entering or leaving the park shall be by safe and convenient routes.
Such ways need not be adjacent to or limited to the vicinity of vehicular
access points. Where there are crossings of such ways and vehicular
routes at edges of planned developments, such crossings shall be safety
located, marked and controlled, and where such ways are exposed to
substantial vehicular traffic at edges of parks, safeguards may be
required to prevent crossings except at designated points. Bicycle
paths, if provided, shall be so related to the pedestrianway system
that street crossings are combined.
C.
Protection of visibility for automotive traffic, cyclists and pedestrians. At intersections of any streets, public or private, the provisions of § 520-55 shall apply and are hereby adopted by reference. Where there is pedestrian or bicycle access from within the park to a street at its edges by paths or across yards or other open space without a barrier to prevent access to the street, no material impediment to visibility more than 2.5 feet above ground level shall be created or maintained within 25 feet of said street unless at least 25 feet from said access measured at right angles to the path.
D.
Exterior yards for mobile home parks; minimum requirements; occupancy.
The following requirements and limitations shall apply to yards at
the outer edges of mobile home parks:
(1)
Along public streets. Where mobile home parks adjoin public
streets along exterior boundaries, a yard at least 25 feet in minimum
dimensions shall be provided adjacent to such streets. Such yard may
be used to satisfy open space depth requirements for individual dwellings
but shall not contain carports, recreational shelters, storage structures
or any other structures generally prohibited in yards adjacent to
streets in residential districts. No direct vehicular access to individual
lots shall be permitted through such yards, and no group parking facilities
or active recreation areas shall be allowed therein.
(2)
At edges of mobile home parks and adjoining neighboring districts
(other than at streets or alleys). Where mobile home parks are so
located that one or more boundaries are at the edges of mobile home
parks and adjoining neighboring districts without an intervening street,
alley or other permanent open space at least 20 feet in width, an
exterior yard at least 20 feet in minimum dimension shall be provided.
Where the adjoining district is residential, the same limitations
on occupancy and use of such yards shall apply as stated above concerning
yards along public streets. Where the adjoining district is nonresidential,
such yards may be used for group or individual parking, active recreation
facilities or carports, recreational shelters or storage structures.[1]
E.
Ways for pedestrians and/or cyclists in exterior yards. In any exterior
yard, required or other, ways for pedestrians and/or cyclists may
be permitted, if appropriately located, fenced or landscaped to prevent
potential hazards arising from vehicular traffic on adjacent streets
or other hazards and annoyances to users or to occupants of adjoining
property. When otherwise in accord with the requirements concerning
such ways set forth above, approved ways in such locations shall be
counted as common recreation facilities and may also be used for utility
easements.
F.
Yards, fences, walls or vegetative screening at edges of mobile home
parks. Along the edges of mobile home parks, walls or vegetative screening
shall be provided where needed to protect residents from undesirable
views, lighting, noise, or other off-site influences or to protect
occupants of adjoining residential districts from potentially adverse
influences within the mobile home park. In particular, extensive off-street
parking areas and service areas for loading and unloading other than
passenger vehicles and for storage and collection of trash and garbage
shall be screened.
G.
Internal relationships. The site plan shall provide for safe, efficient,
convenient and harmonious groupings of structures, uses and facilities
and for appropriate relation of space inside and outside buildings
to intended uses and structural features. In particular:
(1)
Streets, drives and parking and service areas. Streets, drives
and parking and service areas shall provide safe and convenient access
to dwellings and park facilities and for service and emergency vehicles,
but streets shall not be so laid out as to encourage outside traffic
to traverse the park, nor occupy more land than is required to provide
access as indicated, nor create unnecessary fragmentation of the park
into small blocks. In general, block size shall be the maximum consistent
with use, the shape of the site and the convenience and safety of
the occupants.
(2)
Vehicular access to streets. Vehicular access to streets from
off-street parking areas may be direct from dwellings if the street
or portion of the street serves 50 units or fewer. Determination of
units served shall be based on normal routes anticipated for traffic.
Along streets or portions of streets serving more than 50 dwelling
units or constituting major routes to or around central facilities,
access from parking and service areas shall be so combined, limited,
located, designed and controlled as to channel traffic conveniently,
safely and in a manner that minimizes marginal traffic friction, and
direct vehicular access from individual dwellings shall generally
be prohibited.
(3)
Ways for pedestrians and cyclists; use by emergency, maintenance
or service vehicles.
(a)
Walkways shall form a logical, safe and convenient system for
pedestrian access to all dwellings, project facilities and principal
off-street pedestrian destinations. Maximum walking distance in the
open between dwelling units and related parking spaces, delivery areas
and trash and garbage storage areas intended for use of occupants
shall not exceed 100 feet.
(b)
Walkways to be used by substantial numbers of children as play
areas or routes to school, bus stops or other destinations shall be
so located and safeguarded as to minimize contracts with normal automotive
traffic. If an internal walkway system is provided, away from streets,
bicycle paths shall be incorporated in the walkway system. Street
crossings shall be held to a minimum on such walkways and shall be
located and designated to provide safety and shall be appropriately
marked and otherwise safeguarded. Ways for pedestrians and cyclists,
appropriately located, designed and constructed, may be combined with
other easements and used by emergency, maintenance or service vehicle
but shall not be used by other automotive traffic.
In hardship cases, the Common Council may, in its discretion,
grant a temporary permit, not to exceed six months, said permit to
clearly state the expiration date thereon, provided that sanitation
rules as set forth in this article are complied with and provided
that consent of all adjacent owners or occupiers of land is obtained.
The temporary permit may be renewed for additional six-month periods
by the Common Council if the hardship continues beyond the licensed
period.