[HISTORY: Adopted by the Bellevue Board 3-19-1969 (§ 12.09 of the 1998 Code); amended 4-22-1970. Subsequent amendments noted where applicable.]
The following definitions shall apply in the interpretation and the enforcement of this chapter:
- ACCESSORY BUILDING
- All structures constructed upon a mobile home space and used in conjunction with a mobile home. In no case shall a mobile home and its accessory structures occupy more than 36% of a space.
- DEPENDENT UNIT
- A mobile home which does not have a bath or shower and toilet facilities.
- MOBILE HOME
- Any vehicle or structure intended for or capable of human habitation or designed primarily for sleeping purposes, mounted upon wheels, blocks or jacks and/or capable of being moved from place to place either by its own power or by power supplied by some vehicle used or to be used, excepting a device used exclusively upon stationary rails or tracks.
- MOBILE HOME PARK
- Any park, court, camp, site, lot, parcel or tract of land designed, maintained, intended or used for the purpose of supplying a location or accommodations for more than two mobile homes and shall include all facilities used or intended for use as part of the equipment thereof. "Mobile home park" shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspection and sale.
- NONDEPENDENT UNIT
- A mobile home that has a bath or shower and toilet facilities.
- A concrete slab or its equivalent, as determined by the Building Inspector, constructed on the mobile home space for the purpose of accommodating water and sanitary connections for a mobile home.
- Includes an individual, partnership, firm, company, or corporation, whether tenant, owner, lessee, licensee or other agent, heir or assign.
- A plot of ground in a mobile home park of not less than 3,200 square feet of space designed for the location of only one mobile home.
- One mobile home.
It shall be unlawful, except as provided in this chapter, for any person to park any mobile home on any street, alley or highway or other public place or on any tract of land owned by any person within the Village of Bellevue.
Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than one hour subject to any other and further prohibitions imposed by the traffic and parking regulations or ordinances for that street, alley or highway.
No person shall park or occupy any trailer on any premises which is situated outside an approved mobile home park except under special permit as provided in § 310-3. Parking of only one unoccupied mobile home or travel trailer is permitted, provided that no living quarters shall be maintained or business practiced in said trailer while such trailer is so parked or stored. Said unit can be parked or stored:
Within an accessory private garage building or in a rear yard during the entire year and/or within the side yard setback area during the period between the dates of May 1 and the second Tuesday in September. A unit so parked may have the drawbar protrude into the front yard setback area.
Upon a showing of hardship and/or immediate necessity for use, the Community Development Director or designee may issue special written permits allowing the location of a mobile home outside of a mobile home park for a period not to exceed 60 days for any one premises in any twelve-month period. The permit shall be granted only upon the written consent of the owner, legal agent of the owner, or the lessee of the location for which the permit is issued. Not more than one trailer shall be granted a permit to locate on any one premises outside a mobile home park.
Application for the permit shall be made to the Village Board, Community Development Director or designee and shall be accompanied by an inspection fee as provided in the Village Fee Schedule and shall state the name and permanent addresses of the occupants of the mobile home, the license number of the mobile home and towing vehicle, place of last stay, intended purpose of stay at requested location, whether the occupants are nonresident or tourists, whether any occupant is unemployed in this state, the exact location of the premises, the name of the owner and the occupant of any dwelling on the premises, and the owner's and/or occupant's permission to locate, a statement of the nature and location of sanitary facilities, and the permission of the occupant of the dwelling house for their use and a statement that all wastes from mobile home occupancy will be disposed of in a sanitary manner. Application for location on a vacant lot or parcel of land shall be accompanied by a statement of the nature and location of sanitary facilities, which must include a safe water supply and toilet within 200 feet of the proposed location of mobile home, and a statement of permission from the owner for their use.
No person shall establish, operate or maintain or permit to be established, operated or maintained upon any property owned, leased or controlled by him a mobile home park within the limits of the Village of Bellevue without having first secured a license for each park from the Village Board pursuant to this chapter. Such license shall expire at the close of the calendar year issued but may be renewed under the provisions of this chapter for additional periods of one year.
The application of such license or renewal thereof shall be approved by the Village Board. Before a license is issued, applicant shall pay an annual fee as provided in the Village Fee Schedule for each 50 spaces or fraction thereof within each mobile home park within its limits.
The application for a license or a renewal thereof shall be made on forms furnished by the Village Clerk-Treasurer and shall include the name and address of the owner in fee of the tract (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 to construct or maintain the mobile home park and make the application) and such legal description of the premises upon which the mobile home park is or will be located as will readily identify and definitely locate the premises. All initial and renewal applications shall specify the total number of spaces provided in such mobile home park. The initial application for any existing, new or revised mobile home park shall be accompanied by five copies of the park plan showing the following, either existing or as proposed:
The extent and area for park purposes.
Roadway and driveways.
Location of service building indicating the number of sanitary conveniences, including toilets, washrooms, laundries and utility rooms to be used by occupants of the mobile home park.
Complete layout of storm, sanitary, and water systems for service building and spaces.
Method and plan of garbage removal.
Plan for electrical lighting of spaces.
In no case shall a license be issued for a mobile home park where municipal sanitary facilities are not available.
There is hereby imposed on each occupied mobile home occupying space or a lot in a mobile home park in the Village of Bellevue a monthly parking permit fee computed as follows: beginning January 1, 1970, the Village Assessor shall determine the total fair market value of each occupied mobile home in the Village subject to the monthly parking permit fee. The fair market value, minus the tax-exempt household furnishings thus established, shall be equalized to the general level of assessment on other real and personal property in the district. The value of each occupied mobile home thus determined shall be multiplied by the tax rate established on the preceding May 1 assessment of general property. The parking permit fee shall first be reduced by the sales tax credit allowed under § 77.63, Wis. Stats. The total annual parking permit fee thus computed shall be divided by 12 and shall represent the monthly mobile home parking permit fee. The fee shall be applicable to occupied mobile homes moving into the Village any time during the year. The park operator shall furnish information to the Village Clerk-Treasurer and the Village Assessor on occupied mobile homes added to the park within five days after their arrival, on forms prescribed by the State Department of Revenue. As soon as the Assessor receives the notice of an addition of an occupied home to a park, he shall determine its fair market value and notify the Clerk-Treasurer of his determination. The Clerk-Treasurer shall equalize the fair market value established by the Assessor and shall apply the tax rate for that year, divide the annual parking permit fee thus determined by 12, and notify the mobile home owner and the park operator of the monthly fee to be collected from the mobile home owner.
Occupied mobile home monthly parking permit fees shall be subject to a prorated amount for each twenty-four-hour period if less than 15 days.
A new fee rate and a new valuation shall be established each January and shall continue for that calendar year. The valuation established shall be subject to review as are other values established under Chapter 70 of the Wisconsin Statutes. If the Board of Review reduces the valuation on which previous monthly payments have been made, the Village shall refund past excess fee payments.
No monthly parking permit fee shall be imposed for any space occupied by a mobile home accompanied by an automobile, if the mobile home and the automobile bear license plates issued by any other than the State of Wisconsin, for an accumulating period not to exceed 60 days in any 12 months, or if the occupants of the mobile home are nonresident tourists or vacationists. Exemption certificates in duplicate shall be accepted by the Clerk-Treasurer of the Village from qualified nonresident tourists or vacationists in lieu of monthly mobile home permit fees. When one or more persons occupying a mobile home are employed in this state, there shall be no exemption from the monthly parking permit fee.
It shall be the full and complete responsibility of the park operator or licensee hereunder to collect the proper amount from each mobile home owner or occupant and to account and pay to the Village Clerk-Treasurer such parking permit fees on or before the 10th of the month following the month for which such fees are due.
Liability for payment of the fee shall begin on the first day of the next succeeding month and shall remain on the mobile home and the park operator or licensee only for such month as the occupied mobile home remains in the Village.
The park operator or licensee failing to pay the Village Clerk-Treasurer such parking permit fees on or before the 10th of the month following the month on which such fees are due shall be assessed a penalty of 5% of the amount of fees due.
Failure to timely pay the fees hereunder shall be treated in all respects like a default in payment of personal property tax and shall be subject to all procedures and penalties applicable thereto under Chapters 70 and 74 of the Wisconsin Statutes.
The Village Board may suspend or revoke a license after a hearing is held pursuant to § 66.0435(2)(d), Wis. Stats.
An application for the construction of a mobile home park shall be considered only when its proposed location is within a district zoned to permit this type of use.
Mobile home spaces shall be clearly defined and shall consist of a minimum of 3,200 square feet and a width of not less than 40 feet measured at right angles from the side lot line of each space. The park shall be arranged so that all spaces shall face or abut on a roadway of not less than 30 feet in width, giving easy access from all spaces to a public street. Such roadways shall be paved with asphalt or concrete and maintained in good condition and provide for adequate stormwater drainage, said drainage to be determined by the Village Engineer. The roadways shall be well lighted and shall not be obstructed.
The park shall be so laid out that no dependent unit shall be further than 200 feet from the toilets and service building provided for herein, and walkways to such buildings shall be paved and well lighted.
All mobile homes within a mobile home park shall be parked within the designated spaces.
For the protection of abutting property owners as well as mobile home owners, a fifteen-foot buffer strip shall be provided within all property lines of the site. Said buffer strip shall be used for the planting of shrubbery and trees and shall be exclusive of the mobile home spaces. A decorative fence in accordance with the Zoning Ordinance may, if so desired, be substituted for the rear and interior fifteen-foot buffer strip.
Each mobile home space shall provide a front and rear yard setback of 10 feet and a side yard setback of five feet. The above setbacks shall be seeded and landscaped and in no case shall they be used for off-street parking or be occupied by a mobile home and/or its accessory buildings except for the following:
One off-street parking stall shall be provided within each mobile home space, said stall to be in accordance with Subsection F above.
There shall be constructed on each mobile home space a concrete pad, or its equivalent, as determined by the Village Building Inspector, to be used for the accommodation of necessary water and sanitary connections as stipulated within the Village Plumbing Code.
A minimum of 200 square feet per mobile home space, exclusive of the minimum herein provided for individual mobile home spaces and buffer strip as indicated in Subsections E and F above, shall be required for the express purpose of providing open space and recreational area for the residents of the mobile home park.
In no case shall a mobile home and its accessory building occupy more than 36% of a space.
All mobile home parks shall conform to the sanitation and health regulations as set forth in Ch. SPS 326, Wis. Adm. Code, together with revisions thereto incorporated herein by reference as though fully set forth.
In every mobile home park there shall be located the office of the attendant or person in charge of said park. A copy of the park license and this chapter shall be posted therein, and the park register shall at all times be kept in said office.
It is hereby made the duty of the attendant or person in charge, together with the licensee, to:
Keep a register of all occupants, to be open at all times to inspection by state, federal and local officers, which shall show for all occupants of the mobile home park:
Names and addresses.
Number and ages of all children.
Number of public elementary school children.
Number of public secondary school children.
State of legal residence.
Dates of entrance and departure.
License numbers of all mobile homes and towing or other vehicles.
States issuing such licenses.
Purpose of stay in camp.
Place of last location and length of stay.
Place of employment of each occupant.
Maintain the park in a clean, orderly and sanitary condition at all times.
Ensure that the provisions of this chapter are complied with and enforced and report promptly to the proper authorities any violations of this chapter or any other violations of law which may come to his attention.
Maintain in convenient places adequate hand fire extinguishers.
Collect the monthly parking permit fee provided for in § 310-5 of this chapter. A book shall be kept showing the names of persons paying said service charges and the amount paid.
Submit with the total monthly parking permit fees payment to the Village Clerk-Treasurer a monthly report showing the names of persons paying said fees and the amount paid if less than for a full month, the report to also indicate departure time for current tenants and arrival time for new tenants, including departure time if occurring the same month.
All plumbing, electrical, building and other work on or at any park licensed under this chapter shall be in accordance with the ordinances of the Village of Bellevue, and the requirements of the State Plumbing, Electrical and Building Codes, and the regulations of the Department of Health Services.
Except as otherwise provided, any person found in violation of this chapter or any order, rule or regulation made hereunder shall be subject to the penalty provided in § 1-4 of the Code of the Village of Bellevue.
When in the judgment of the Plan Commission or Village Board a provision of this chapter may not literally be applied due to an unusual hardship, such provision may be altered as long as the basic intent of control herein stated is retained.
This chapter shall take effect April 1, 1969.