[HISTORY: Adopted by the Town Board of the Town of Pacific 10-16-2012 by Ord. No.
2012-43. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 278.
This chapter shall govern the licensing and registration of
mobile homes and mobile home parks as such applies to the health and
safety of Town residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Acceptable to the Town, based on its determination as to
conformance with this chapter and good public health practices.
A mobile home without a hitch, awnings, cabanas, storage
unit, carport, garage, windbreak, nonwinterized porch or similar appurtenant
structures.
A mobile home that does not have bathroom facilities and
depends upon locally provided bathroom facilities for such needs.
Any person licensed to operate and maintain a mobile home
park.
A structure, transportable in one or more sections, which
is over 320 square feet in area, excluding the hitch, built on a permanent
chassis, and designed to be used as a dwelling, with or without permanent
foundation, when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
in it. In this definition, length means the distance from the exterior
of the front wall, that is, the wall nearest to the exterior of the
drawbar and coupling mechanism, to the exterior of the rear wall at
the opposite end of the home, where the walls enclose living or other
interior spaces, and includes expandable rooms but not bay windows,
porches, drawbar, couplings, hitches, wall and roof extensions, or
other attachments. In this definition, width means the distance from
the exterior of one side wall to the exterior of the opposite side
wall, where the walls enclose living or other interior space, and
includes expandable rooms but not bay windows, porches, wall and roof
extensions, or other attachments.
Any plot or plots of ground owned by a person upon which
two or more mobile homes occupied for dwelling or sleeping purposes
are located, regardless of ownership and whether or not a charge is
made for the accommodation.
A mobile home that is completely equipped with bath and toilet
facilities. While such mobile home may have a holding tank or be connected
to public sewer, water and electric services at the site, it does
not depend on a service building for bathroom facilities.
Any individual who resides in a mobile home.
The owner of a mobile home park or a person designated by
the owner to manage the park.
An individual, firm, trust, partnership, association or corporation.
The area adjacent to each end of the narrow ends of the basic
unit.
The area on either side of the basic unit.
A plot of ground within a mobile home park designated for
placement of one mobile home.
The paved or surface portion of a roadway.
A.
License required. Pursuant to § 66.0435, Wis. Stats.,
and this chapter, every person who maintains any mobile home park
within the Town shall seek and obtain a mobile home park license from
the Town. The license shall be issued for annual periods from January
1 to December 31. The license shall be issued by the Town Clerk prior
to any person operating or maintaining a mobile home park in the Town.
B.
Application. The license or renewal shall include the following:
(1)
The name of the applicant;
(2)
The address of the applicant;
(3)
The location of the premises, including legal description;
(4)
The business and residential telephone number of the applicant, if
any;
(5)
List of the names of residents, by site number, of mobile homes in
the park on the date of application; and
(6)
The application shall be accompanied by two copies of the mobile home park plan (hereinafter "mobile home park plan"), containing the information provided for under Subsection C below.
(7)
The application packet submitted to the Town shall also include the
following:
(a)
A copy of all licenses and permits relating to the mobile home
park operation in effect from any state agency or department and all
permits in effect from Columbia County.
(b)
A copy of the most recent inspection reports from any state
and/or county inspection authorities.
(c)
If any inspection during the preceding twelve-month period has
resulted in any warning, complaint, citation or other legal action
relating to the mobile home park, the applicant shall also include
a copy of the records relating to those issues and an explanation
of the status of those issues and corrective actions, if any, taken
to address those issues.
(d)
A copy of the mobile home park's disaster/emergency response
plan.
C.
Mobile home park plan.
(1)
The mobile home park plan shall provide the following, either existing
or as proposed for licensing, which shall be subject to review and
approval by the Town Board:
(a)
The layout of the mobile home park, including the following:
[1]
Location of mobile home park roadways and driveways.
[2]
Setbacks from any public road and from other exterior boundary
lines.
[3]
Number and location of the sites to be rented.
[4]
Use and location of buildings affixed to the real estate.
[5]
Location of designated parking, storage, retail, recreational
and waste disposal areas.
(b)
The following operational information:
[1]
Method and plan of sewage disposal.
[2]
Method and plan of recycling and removal and storage of garbage.
[3]
Method and plan for water supply.
[4]
Plan for handling of stormwater.
[5]
Plan for controlling light emanating from the mobile home park.
[6]
Plan for controlling noise emanating from the mobile home park.
[7]
Plan for handling traffic entering and exiting the mobile home
park.
(2)
Once the mobile home park has been licensed under an approved mobile
home park plan, then on any renewal application the applicant may
incorporate by reference the then existing approved mobile home park
plan. However, if the applicant seeks on the renewal application to
license the mobile home park under a revised mobile home park plan,
then the applicant shall submit the proposed revisions to the mobile
home park plan with its renewal application.
(3)
During the term of the license, the mobile home park plan may be
altered or modified if an application covering such alteration or
modification is submitted to and approved by the Town Board and if
all other governmental approvals are obtained that are required in
order to implement the proposed change in the mobile home park. The
applicant shall pay a review fee, to be set by the Town in a separate
resolution, in regard to any proposed change in the mobile home park
plan, as well as reimburse the Town for all inspection fees incurred
by the Town in regard to such review.
A.
Mobile home park annual fee. No person shall be issued a mobile home
park license by the Town until the required annual fee has been paid
to the Town Clerk. No person shall be issued a mobile home park license
in the Town who has failed to properly and fully complete and submit
to the Town Clerk the application form as developed and provided by
the Town. The fee for such license shall be as specified on the current
Town Fee Schedule. The license certificate or special permit shall
be conspicuously posted in the office or on the premises of the mobile
home park at all times. In the event of a change in ownership of any
licensed premises, an application for transfer of license shall be
made to the Town Board and, if approved, a transfer fee as specified
on the current Town Fee Schedule shall be paid for the remaining term
of the license.
B.
Mobile home monthly permit fee. Pursuant to § 66.0435,
Wis. Stats., and this chapter, every person who occupies a site in
a mobile home park or at any other location in the Town shall pay
a monthly permit fee. The mobile home park licensee shall collect
all monthly permit fees and forward these amounts to the Town Clerk,
less a retainage of 2% of collections for administrative fees. The
occupant of the site and licensee shall be jointly responsible for
the payment of the fee and timely transmittal of the fee. The amounts
due to the Town shall be received by the 10th day following the month
the fees are due. The fee shall be calculated pursuant to § 66.0435,
Wis. Stats.
(1)
The mobile home park licensee and the owner of any land wherein a
mobile home has been parked shall furnish information to the Town
Clerk on forms provided by the State Department of Revenue within
five days of the arrival of the mobile home.
(3)
Failure to pay the monthly permit fee subjects the person occupying the mobile home, the mobile home licensee and the owner of the land wherein the mobile home is parked to treatment as a default in payment of personal property tax and is subject to all procedures and penalties applicable thereto under Chs. 70 and 74, Wis. Stats.
(4)
The following are exempt from this monthly permit fee requirement:
(a)
A mobile home accompanied by an automobile for an accumulating
period not to exceed 60 days in any 12 months if the occupants of
the mobile home are tourists or vacationists. (Exemption certificates
in duplicate shall be accepted by the Town Clerk from qualified nonresident
tourists or vacationists in lieu of monthly mobile home permit fees.)
(b)
Those mobile homes that constitute improvements to real property
under Wisconsin Statutes.
(c)
Recreation mobile homes and camping trailers, as defined in
§ 340.01(48r), Wis. Stats.
(d)
Any other exemptions from the monthly permit fee requirement
specified in § 66.0435, Wis. Stats.
C.
Mobile homes located outside licensed mobile home park.
(1)
No person shall locate, park, use, own or occupy a mobile home outside
a mobile home park in the Town without first obtaining a special permit
from the Town Board.
(a)
Such special permit may be obtained by submitting a written
application accompanied with photographs taken from the proposed site
in four directions: north, south, east and west.
(b)
In the event there are neighboring residences or business establishments
within 500 feet of the proposed site, the Town Board may order a hearing,
and notices of the said hearing shall be given, by registered or certified
mail, to all persons living within 500 feet of said proposed site.
Such notice shall be given at least five days prior to such hearing.
The Town Board may issue a special permit for the placement of a mobile
home on such site after considering the application and after the
hearing, if any, if the Board is satisfied that:
[1]
The placement will not be detrimental to residence or business
property within 500 feet of the proposed site.
[2]
The placement will not be a financial burden on the Town or
school district.
[3]
The placement will not lower property values on neighboring
land.
[4]
The placement will conform to all reasonable health standards.
[5]
The placement will be satisfactorily landscaped.
[6]
The placement will be for a specified duration, not to exceed
one year.
(c)
Each party receiving a special permit shall pay the same monthly permit fee as parties owning or occupying a mobile home in a licensed mobile home park. The owner of the land on which the mobile home is placed shall be jointly liable with the owner or occupant of the mobile home for payment of the fee. The fee shall be due and payable to the Town Clerk on the 10th day of each month, and any fee not paid when due shall be treated in all respects like a default in payment of personal property tax and shall be subject to all penalties and procedures applicable thereto under Chs. 70 and 74, Wis. Stats.
(2)
A person may park and use mobile homes for display and sale in the
Town if these mobile homes are parked in commercially zoned areas,
all other zoning and police power requirements are complied with,
and the mobile homes are not in use for residential or any type of
business purpose except for the sole purpose of display and sale.
(3)
No person may park a mobile home in the Town on public streets, rights-of-way,
highways and alleys in the Town except on a temporary basis for a
time period not to exceed 24 hours. Mobile homes parked in excess
of 24 hours shall be towed at the owner's expense. This provision
is subject to full compliance by the person with all regulations,
laws and ordinances applicable to motor vehicles, roads and parking
in the Town.
D.
Current mobile home permittees. A person who is authorized by the
Town at the time of the adoption of this chapter to occupy a mobile
home in the Town may park, use and occupy the mobile home for residential
purposes. The current permittee may continue to occupy and use the
mobile home as long as:
(1)
The mobile home is occupied and used for residential purposes;
(2)
The mobile home is primarily occupied and used by the present permittee
and his or her immediate family;
(3)
The mobile home is maintained in a sanitary condition;
(4)
The mobile home complies with Town building codes, the State of Wisconsin
building codes, the rules and regulations of the State Department
of Health Services, including the State Plumbing Code under Chs. SPS
382 and 383, Wis. Adm. Code;
(5)
The mobile home does not constitute a public nuisance;
(6)
The person who occupies the mobile home or the landowner pays the
monthly permit fee;
(7)
The current permittee has not transferred, leased or conveyed in
any way the title to the mobile home to another person outside the
permittee's immediate family; and
(8)
The mobile home is not moved to a different premises in or outside
the Town beyond the specific location wherein the mobile home is currently
parked.
A mobile home park shall conform to the following requirements:
A.
The park shall be located on a well-drained property, properly graded
to ensure rapid drainage, and free from stagnant pools of water.
B.
Each site shall be clearly defined or delineated and shall have an
average width of not less than 40 feet, and the unit shall not occupy
more than 25% of the area of the site.
C.
The basic unit, including attached structures, shall be located on
each site with at least a ten-foot rear and side yard clearance from
any site boundary. Detached structures shall not be located closer
than five feet from any site boundary line. Boundary clearance shall
be exclusive of parking area. No unit shall be located within 10 feet
of any other building or property line. No unit shall be closer than
25 feet from a right-of-way line of a public street or 50 feet from
a trunk highway thoroughfare, or such other distances as may be established
by ordinance or regulations as a front yard setback requirement with
respect to permanently erected buildings in the district in which
the mobile home park is located.
D.
All sites shall abut upon a roadway which shall have unobstructed
access to a public street, alley or highway.
E.
All roadways and walkways shall be graveled or paved, maintained
in good condition, have natural drainage, and be lighted at night
with adequate lighting. "Adequate lighting" is lighting that is equal
to lighting in a residential area of the average city or village.
Walkways shall have a minimum width of 36 inches.
F.
Each mobile home site shall be provided with an electrical outlet
supplying at least 110/220 volts, 50 amperes, single-phase.
G.
An adequate supply of potable drinking water for drinking and domestic
purposes shall be provided for all buildings and primary housing sites
within the park. Each site shall be provided with a cold water supply
outlet, located as to be accessible to the side of the unit.
H.
Each site shall be provided with a sewer receptacle meeting Ch. SPS
382, 383 and/or 385, Wis. Adm. Code, which shall be connected to receive
wastewater from shower, bathtub, flush toilet, lavatory and kitchen
sink of the mobile home on each site having any or all of such facilities.
Receptacles shall be so located as to be accessible from sides of
units.
I.
Sewage disposal.
(1)
Sewage from each site shall be connected into a public sewer system
and disposal system where available.
(2)
Private on-site wastewater treatment system, as defined in § 145.01(12),
Wis. Stats., and designed, constructed and operated in accordance
with § 145.245, Wis. Stats., and Chs. SPS 382 and 383, Wis.
Adm. Code, are required when a public sewer facility is not available
to the premises.
(3)
Failed on-site private waste disposal systems shall be replaced or
rehabilitated. A failed system has the meaning prescribed for "failing
private sewage system" in § 145.245(4), Wis. Stats.
J.
Each site shall be attractively landscaped, and all areas fronting
the park and any buildings or recreation areas shall be attractively
landscaped.
K.
Each park harboring dependent mobile homes shall also be provided
with toilet facilities in accordance with § DHS 178.14,
Wis. Adm. Code.
L.
Service buildings, if included in park:
(1)
Service buildings housing sanitation facilities shall be permanent
structures complying with all applicable ordinances, regulations and
statutes regulating buildings, electrical installations and plumbing
and sanitation systems.
(2)
Service buildings shall be well-lighted at all times of the day and
night, shall be well-ventilated with screened openings, shall be constructed
of moisture-proof material, which may be painted woodwork, as shall
permit repeated cleaning and washing, and shall be maintained at a
temperature of at least 68° F. during the period from October
1 to May 1. The floors of the service building shall be of water-impervious
material. Washing and drying machines shall be installed according
to the needs of the park.
(3)
All service buildings and the grounds of the park shall be maintained
in a clean, sightly condition, and kept free of any condition that
will menace the health of any occupant or the public or constitute
a nuisance.
(4)
Service buildings shall be equipped with fire extinguishers.
M.
Supervision. The licensee, or a duly authorized attendant or caretaker,
shall at all times be in charge of each mobile home park. The attendant
or caretaker shall be answerable with the licensee for the violation
of any provision of this chapter to which the licensee is subject.
N.
Guest parking.
(1)
Residents desiring to park a guest's camping trailer or recreational
mobile home on their premises in excess of five days shall obtain
a permit from the Town Clerk. The Town Board, after consideration
of sanitation facilities, may at its discretion issue a special permit
not to exceed 15 days. A fee as specified in the current fee schedule
shall be paid for such permit and shall accompany the application.
No recreational mobile home or camping trailer shall be parked on
any street or highway in excess of five hours.
(2)
Unoccupied storage. The parking of any unoccupied mobile home is
permitted, provided no living quarters shall be maintained or any
business conducted in such unit while so parked or stored. The person
so storing an unoccupied mobile home shall report such action within
15 days to the Town Clerk and Assessor, and such unit shall be taxed
as personal property.
O.
Temporary vacationing unit. No mobile home shall be deemed vacant
or unoccupied because of the temporary absence therefrom of the owner
or occupant.
Q.
Management. Each mobile home park shall have on site an office for
the person in charge of the facility. It shall be the duty of the
owner of the mobile home park or operator, together with the attendant
or person in charge of such facility, to:
(1)
Keep a register of all occupants of the mobile homes, which shall
be open at all times for inspection by federal, state or local officials;
(2)
Maintain the park in a clean and sanitary condition at all times;
(3)
Report the presence of dogs or any other animals running loose in
the park;
(4)
Report to the local health officer all cases of persons or animals
affected or suspected of being affected with any communicable disease;
and
(5)
Post copies of park rules and regulations in one or more conspicuous
places in the mobile home park where they can be easily seen by residents
and visitors.
No mobile home park license shall be issued until the Town Engineer
and/or Town Building Inspector has reviewed each application and inspected
the premises on which the mobile home is located or is proposed to
be located. No license will be renewed without a reinspection of the
premises. Further, at all reasonable times during the term of the
license, the mobile home park and its facilities shall be open to
inspection by the Town Engineer and/or the Town Building Inspector
to ensure compliance with this chapter, the approved mobile home park
plan and all applicable governmental regulations.
Once the mobile home park plan is approved and the license issued, compliance with that plan, as approved, shall be deemed to be a condition applicable to that license, and the mobile home park operator shall operate the mobile home park in compliance with that mobile home park plan. If in any compliance inspection it is determined that the mobile home park is not in compliance with the approved mobile home park plan or any other applicable governmental rules or regulations of the Town, the Town may suspend or revoke such license, as provided under Chapter 278, Licenses and Permits, of the Code of the Town of Pacific, and shall have such other remedies as may be provided by law.
Anyone violating this chapter, in addition to other remedies
provided by law, shall be subject to abatement by a restraining order
or injunction issued by a court of competent jurisdiction.
The Town Board is hereby authorized to revoke any license issued pursuant to this chapter in accordance with Chapter 278, Licenses and Permits, of the Code of the Town of Pacific.
