A.
Residential-Mobile Home (R-MH) Zoning Districts may
hereafter be established in accordance with the procedures, requirements
and limitations set forth in this article. Within such district, mobile
homes, 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.
B.
It is the intent of this article to recognize mobile
homes constructed prior to October 1, 1974, as distinct and different
from units designated as mobile homes within the definitions of this
article and to prohibit units not meeting the requirements for mobile
homes as defined herein. Units constructed prior to 1974 are prohibited.
Mobile homes meeting the requirements of the One- and Two-Family Building
Dwelling Code shall not be permitted in a Residential Mobile Home
(R-MH) District except as a conditional use. Permits may be obtained
only after approval by the Common Council, after a recommendation
from the Plan Commission.
C.
No person shall park, locate or place any mobile home
outside of a licensed mobile home park in the City of Bayfield, except
unoccupied mobile homes may be parked on the lawfully situated premises
of a licensed mobile home dealer for the purposes of sale display;
the lawfully situated premises of a vehicle service business for purposes
of servicing or making necessary repairs; the premises leased or owned
by the owner of such mobile home for purposes of sales display for
a period not exceeding 120 days, provided that no business is carried
on therein, or in an accessory private garage, building or rear yard
of the owner of such mobile home, provided that no business is carried
on therein.
A.
FOUNDATION SIDING
MOBILE HOME COMMUNITIES (PARKS)
MOBILE HOME LOT
MOBILE HOME SUBDIVISION
PRIMARY EXPOSURE
RESIDENTIAL MOBILE HOME
SECONDARY EXPOSURE
The following definitions are used in this article:
A fire- and weather-resistant, prefinished material surrounding
the entire perimeter of a home and completely enclosing a space between
the exterior wall of such home and the ground. Foundation siding shall
be properly vented, harmonious, and compatible with the house and
installed within 60 days from the date of placement on site.
Mobile home communities/parks are distinguished from subdivisions
lacking common facilities and continuing management services. The
latter would be controlled by general subdivision regulations, which
would apply also to mobile home subdivisions without common open space
or continuing management.
A parcel of land for the placement of a single mobile home
and the exclusive use of its occupants.
[1]A parcel of land platted for subdivision according to all
requirements of the Comprehensive Plan, designed or intended for lots
to be conveyed by deed to individual owners for residential occupancy
primarily by mobile homes.
Open areas adjacent to the front wall (or main entrance)
of a dwelling unit.
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 §§ Comm 20.12 to 20.17, Wis. Adm. Code.
"Mobile home" also means a dwelling which is, or was as originally
constructed, designed to be transported by any motor vehicle upon
a public highway and designed, equipped and used primarily for sleeping,
eating and living quarters, or is intended to be so used; and includes
any additions, attachments, annexes, foundations and appurtenances,
except that a mobile home is not deemed a mobile home if the assessable
value of such additions, attachments, annexes, foundations and appurtenances
equals or exceed 50% of the assessable value of the mobile home. The
term "mobile home" shall not include a factory-built structure meeting
the following requirements:
Open areas adjacent to side and rear walls of a dwelling
unit.
B.
Statutory definitions. In addition to the above definitions,
definitions contained in § 66.0435, Wis. Stats., shall also
be applicable.
A.
Where a R-MH District is to be established for the
development of a mobile home community. The minimum area shall be
two acres. The minimum number of lots or spaces completed and ready
for occupancy before first occupancy is permitted shall be established
as 25% of total units permitted on the zoned site.
B.
These limitations shall not apply where expansion
of an existing mobile home community is concerned and where such expansion
will not increase variation from requirements applying to mobile home
communities, as set forth herein.
The following principal uses and structures
are permitted within R-MH Districts:
A.
One-family detached mobile homes (residential mobile
home). In mobile home communities, recreational vehicles shall not
be occupied as living quarters and sales lots shall not be permitted,
but dwellings may be sold on lots they occupy in residential use.
B.
Permitted accessory uses and structures. Uses and
structures that are customarily accessory and clearly incidental to
permitted principal uses and structures shall be permitted, except
for those requiring specific approval as provided below.
C.
Rental. No mobile home site shall be rented for a
period of less than 30 days.
A.
No person shall construct, alter, modify or extend
any mobile home park or mobile home park building or facility within
the limits of the City without first securing a mobile home park developer's
permit from the City. Such permits shall be issued by the Zoning Administrator
upon approval by the governing body.
B.
Applications for mobile home park developer's permits
shall be filed with the Zoning Administrator with sufficient copies
for the Clerk to forward one to the Plan Commission and Public Works
Committee for review, and any other City bodies as deemed necessary,
which shall investigate and review said application to determine whether
the applicant, the premises on which said park will be located and
the proposed design and specifications thereof and all buildings proposed
to be constructed thereon will comply with the applicable regulations,
ordinances and laws of the state and City and report their findings
in writing to the governing body within 60 days. Such reports shall
be considered by the governing body before any permit is issued hereunder.
Failure of any officer or body to report within the allotted time
shall be deemed a favorable recommendation.[1]
C.
Applications for mobile home park developer's permit
shall be accompanied by a fee as set by Common Council to cover the
cost of investigation and processing, plus regular building permit
fees for all buildings or structures to be erected within the proposed
park.[2]
D.
Applications shall be made on forms furnished by the
Zoning Administrator and shall include the following information:
(1)
Name and address of applicant.
(2)
Location and legal description of the proposed park,
addition, modification or extension.
(3)
A complete plot plan showing compliance with all applicable provisions of this chapter, specifically § 500-32.
(4)
Completion preliminary engineering plans and specifications,
including a scale drawing of the proposed park showing, but not limited
to:
(a)
Plans and specifications of all utilities, including
sewerage collection and disposal, stormwater drainage, water and electrical
distribution and supply, refuse storage and collection, lighting,
telephone and TV antenna systems.
(b)
Location and width of roadways and walkways,
buffer strips, recreational and other common areas.
(c)
The location of mobile home stands with the
mobile home spaces, including a detailed sketch of at least one typical
mobile home space and stand therein.
(d)
Landscape plan showing all plantings.
(e)
Plans and specifications of all park buildings
and structures.
(5)
Interest of applicant in proposed mobile home park
or extension thereof. If owner of tract is a person other than applicant,
a duly verified statement by the owner that applicant is authorized
by him to construct and maintain the proposed park, addition, modification
or extension and make the application.
(6)
Written statements describing proposed park operations,
management and maintenance, including proposed fees and charges and
other requirements to be imposed on park occupants by the park operator.
E.
Final engineering plans and specifications complying
with the provisions of this article and the zoning regulations and
any modifications or conditions imposed by the governing body shall
be submitted to the Zoning Administrator and checked by the proper
municipal officials for compliance before the district is approved.
All mobile home parks and modifications of or
additions or extensions to existing parks under the R-MH District
shall comply with the following:
A.
Chapter Comm 95, Wis. Adm. Code, as now existing or
hereafter amended, is hereby made a part of this chapter and incorporated
herein by reference as if fully set forth, except that such regulations
shall not be deemed to modify any requirement of this chapter or any
other applicable law or ordinance of the state or City.
(1)
Each mobile home space shall be clearly defined or
delineated.
(2)
Maximum number of mobile home sites shall be six per
acre.
(3)
Minimum width of mobile home site shall be 40 feet.
(4)
Maximum height of mobile home trailer shall be 25
feet.
(5)
Minimum distance between mobile trailers shall be
20 feet.
(6)
Minimum distance between mobile home and service road
shall be 10 feet.
(7)
Each mobile home site shall be connected to a public
or common water supply system and a public or common sewage disposal
system.
(8)
All drives, parking areas and walkways shall be hard
surfaced. There shall be one parking space for each mobile home and
additional parking spaces for automotive vehicles within the park,
totaling not less than two parking spaces for each mobile home space.
(9)
No mobile home sales office or other business or commercial
use shall be located on the mobile home park site. However, laundries,
washrooms, recreation rooms, maintenance equipment, storage and one
office are permitted.
(10)
Minimum side yard setback: 40 feet at all front,
side and rear lot lines of the mobile home park.[1]
(11)
Movable footing slabs of reinforced concrete
or other suitable means of supporting the mobile home shall be provided.
Enclosing the foundation is required for looks and insulating. Basements
are not authorized.
(12)
A service slab shall be provided for each mobile
home space.
(13)
Areas not hard surfaced shall be seeded or sodded
to prevent the blowing of sand or dirt. Landscaping is encouraged.
B.
Attachments and/or accessory structures shall be designed
and constructed so that they will blend in with and not detract from
the appearance of the mobile home units. No such attachments or accessory
structures shall be constructed without first securing a building
permit from the Zoning Administrator.
C.
No mobile home park shall be laid out, constructed
or operated without City water supply and sanitary sewer service.
All water or sanitary sewerage facilities in any unit not connected
with public water or sewer systems by approved pipe connections shall
be sealed and their use is hereby declared unlawful.
D.
All parks shall be furnished with lighting so spaced
and equipped with luminaires placed at such heights as will provide
the following average maintained levels of illumination for the safe
movement of pedestrians and vehicles at night:
E.
Streets.
F.
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.[2]
G.
All mobile home parks shall be provided with safe
and convenient vehicular access from abutting public streets or roads
to each mobile home space, entrances to parks shall be designed to
minimize congestion and traffic hazards and allow free movement of
traffic on adjacent streets.
A.
In every mobile home park there shall be located an
office of the attendant or person in charge of said park. A copy of
the park license and of this chapter shall be posted therein and the
park register shall, at all times, be kept in said office.
B.
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:
(1)
Maintain a register of all park occupants, to be open
at all times to inspection by state, federal and municipal officers,
which shall show:
(a)
Names and addresses of all owners and occupants
of each mobile home.
(b)
Number of children of school age.
(c)
State of legal residence.
(d)
Dates of entrance and departure of each mobile
home.
(e)
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.
(f)
Place of employment of each occupant, if any.
(2)
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.
(3)
Report to the City all cases of persons or animals
affected or suspected of being affected with any dangerous communicable
disease.
(4)
Supervise the placement of each mobile home on its
stand which includes securing its stability and installing all utility
connections and tiedowns.
(5)
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.
(6)
Maintain the park free from growth of noxious weeds.
(7)
Maintain the park free of litter, rubbish and other
flammable materials; 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.
(8)
Check to ensure that every mobile home unit has furnished,
and in operation, a substantial, flytight, watertight, rodentproof
container for the deposit of garbage and refuse in accordance with
the ordinances of the City.[1] The management shall provide stands for all refuse and
garbage containers so designed as to prevent tipping and minimize
spillage and container deterioration and facilitate cleaning.
(9)
Provide for the sanitary and safe removal and disposal
of all refuse and garbage at least weekly. Removal and disposal of
garbage and refuse shall be in accordance with the laws of the State
of Wisconsin and the ordinances and regulations of the City, including
regulations promulgated by the Fire Chief.
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.
D.
Each owner or occupant of a nonexempt mobile home
within a mobile home park shall remit to the licensee or authorized
park management the cash deposit and monthly parking permit fee.
E.
It shall be the duty of every occupant of a park to
give the park licensee or management, or his 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.
F.
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.
G.
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.
H.
No person shall discharge any wastewater on the surface
of the ground within any mobile home park.
I.
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 shall
not be kept or stored in a mobile home park or upon any premises in
the City. The Zoning Administrator or Common Council 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 Zoning Administrator or Common
Council so determines, he 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 giving the findings upon
which his 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.
B.
The Zoning Administrator, 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.
C.
Fires in mobile home parks shall be made only in stoves
and other cooking or heating equipment intended for such purposes.
Outside burning is prohibited except by permit and subject to requirements
or restrictions of the Fire Chief.
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 municipalities 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 Zoning Administrator. 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 Board of Health. 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.
In connection with mobile home communities within
the R-MH District, no sign intended to be read from any public way
adjoining the district shall be permitted except:
A.
No more than one identification sign, not exceeding
20 square feet in area, for each principal entrance.
B.
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.
C.
In the case of new mobile home communities 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.
D.
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.
A.
No less than 10% of the total area of any mobile home
community established under these regulations shall be devoted to
common recreational areas and facilities, such as playgrounds, swimming
pools, community buildings, ways for pedestrians and cyclists away
from streets and play areas for small children for other recreational
areas in block interiors. At least one principal recreation and community
center shall contain not less than 5% of the total area of the community.
B.
To be countable as common recreational area, interior-block
ways for pedestrians or cyclists shall form part of a system leading
to principal destinations. Such ways may also be used for installations
of utilities.
C.
Common recreational area shall not include streets
or parking areas, shall be closed to automotive traffic except for
maintenance and service vehicles, and shall be improved and maintained
for the uses intended.
D.
In all mobile home parks, there shall be one or more
recreation areas easily accessible to all park residents. No single
recreation area shall contain less than 2,500 square feet unless each
mobile home site is provide with contiguous a common recreational
area not less than 20 feet wide at the narrowest dimension. Recreation
areas shall be so located as to be free of traffic hazards and convenient
to mobile home spaces which they serve.[1]
The following guides, standards and requirements
shall apply in site planning for mobile home communities:
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 district in such a way as to encourage the use of such minor streets
by substantial amounts of through traffic. No lot within the community
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 community 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 communities, safeguards may be required to prevent crossings except
at designated points. Bicycle paths, if provided, shall be so related
to the pedestrian way 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 § 500-49 shall apply and is hereby adopted by reference. Where there is pedestrian or bicycle access from within the community 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.
Ways for pedestrians and/or cyclists in exterior yards.
In any exterior yard, required or other, ways for pedestrian 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 utilities easements.
E.
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 community facilities and for service and emergency
vehicles, but streets shall not be so laid out as to encourage outside
traffic to traverse the community, nor occupy more land than is required
to provide access as indicated, nor create unnecessary fragmentation
of the community 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 less. 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.
A.
There is hereby imposed on each owner of a nonexempt,
occupied mobile home in the City of Bayfield a monthly parking fee
as determined in accordance with § 66.0435(3), Wis. Stats.,
which is hereby adopted by reference and made part of this chapter
as if fully set forth herein. It shall be the full and complete responsibility
of the licensee to collect the proper amount from each mobile homeowner.
Licensees shall pay to the City Clerk such parking permit fees on
or before the 10th day of the month following the month for which
such fees are due in accordance with the terms of this chapter and
such regulations as the City Clerk may reasonably promulgate.
(1)
Licensees of mobile home parks and owners of land
on which are parked any occupied, nonexempt mobile homes shall furnish
information to the City Clerk and Assessor on such homes added to
their park or land within five days after arrival of such home on
forms furnished by the City Clerk in accordance with § 66.0435(3)(c)
and (e) of the Wisconsin Statutes.
(2)
Occupants or owners of nonexempt mobile homes parked outside of a mobile home park shall remit such fees directly to the City Clerk as provided in Subsection A. It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each occupied nonexempt mobile home therein and to remit such fees to the City Clerk as provided in Subsection A.
B.
Owners of nonexempt, occupied mobile homes, upon receipt
of notice from the City Clerk of their liability for the monthly parking
permit fee, shall remit to the City Clerk a cash deposit of $100 to
guarantee payment of such fees when due to the City. It shall be the
full and complete responsibility of the licensees of a mobile home
park to collect such cash deposits from each occupied, nonexempt mobile
home therein and to remit such deposits to the City Clerk. Upon receipt
of a notice from the owner or licensee that the nonexempt, occupied
mobile home has been or is about to be removed from the City, the
City Clerk shall apply said cash deposit to reduce any monthly parking
permit fees for which said owner is liable and refund the balance,
if any, to said owner.
C.
It shall be unlawful for any person to park a mobile
home outside a mobile home park in the City of Bayfield.
