[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:
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.
A mobile home which does not have a bath or shower and toilet
facilities.
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.
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.
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.[1]
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.
A.
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.
B.
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.
C.
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:
(1)
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.
A.
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.[1]
B.
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.[2]
A.
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.
B.
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.[1]
C.
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:
(1)
The extent and area for park purposes.
(2)
Roadway and driveways.
(4)
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.
(5)
Complete layout of storm, sanitary, and water systems for service
building and spaces.
(6)
Method and plan of garbage removal.
(7)
Plan for electrical lighting of spaces.
D.
In no case shall a license be issued for a mobile home park where
municipal sanitary facilities are not available.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
A.
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.
B.
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.
D.
All mobile homes within a mobile home park shall be parked within
the designated spaces.
E.
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.[2]
F.
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:
G.
One off-street parking stall shall be provided within each mobile home space, said stall to be in accordance with Subsection F above.
H.
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.[3]
I.
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.
J.
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.
A.
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.
B.
It is hereby made the duty of the attendant or person in charge,
together with the licensee, to:
(1)
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:
(a)
Names and addresses.
(b)
Number and ages of all children.
(c)
Number of public elementary school children.
(d)
Number of public secondary school children.
(e)
State of legal residence.
(f)
Dates of entrance and departure.
(g)
License numbers of all mobile homes and towing or other vehicles.
(h)
States issuing such licenses.
(i)
Purpose of stay in camp.
(j)
Place of last location and length of stay.
(k)
Place of employment of each occupant.
(2)
Maintain the park in a clean, orderly and sanitary condition at all
times.
(3)
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.
(5)
Maintain in convenient places adequate hand fire extinguishers.
(6)
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.
(7)
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.
This chapter shall take effect April 1, 1969.