A.
Mobile Home Park Residential Districts (R-5) may hereafter be established
by amendments to the Official Zoning Map in accordance with the procedures,
requirements and limitations set forth in this article. Within such
districts, 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 State Uniform Dwelling Code shall not be permitted
in an R-5 Mobile Home Park Residential District except as a conditional
use. Such conditional use permits may be obtained only after approval
by the Plan Commission.[1]
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.[1]
As defined in § 480-7.
Any park, camp, court, site, plot, parcel or tract of land
designed, maintained, intended or used for the purpose of supplying
a location or locations or accommodations for 10 or more mobile homes
and shall include all buildings used or intended for use as part of
the equipment thereof, whether or not a charge is made for the use
of the mobile home park and its facilities. "Mobile home park" shall
not include automobile or mobile home sales lots on which unoccupied
mobile homes are parked for the sole purpose of inspection and sale.
A parcel of land platted for subdivision according to all requirements of Chapter 474, Subdivision of Land, of the Village Code and the Comprehensive Plan, 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 his or its agent, heir
or assignee.
A plot of ground within a mobile home park designed for the
accommodation of one mobile home unit.
Any mobile home unit.
A.
The following principal uses and structures are permitted within
R-5 Districts: one-family detached mobile homes (residential mobile
home). In mobile home parks, 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.[1]
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 park site shall be rented for a period of
less than 30 days.
A.
It shall be unlawful, except as provided in this article, 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 Village of Athens.
B.
Emergency or temporary stopping or parking is permitted on any street,
alley, highway or road for no longer than one hour, 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.
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 Village of Athens without first having obtained a license
for each such mobile home park from the Village Board 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.
B.
The application for such license or the renewal shall be accompanied
by a fee as prescribed in the Village Fee Schedule for each space
in the existing or proposed mobile home park, and a surety bond may
be required in the amount of $5,000, which shall guarantee the collection
by the licensee of the monthly parking permit fee if required by the
Village[2] and the payment of such fees to the Village Clerk and
the payment by the licensee of any fine or forfeiture, including legal
costs, imposed upon or levied against said licensee for a violation
of the ordinances of said Village pursuant to which said license is
granted, and shall also be for the use and benefit of, and may be
prosecuted and recovery had thereon by, any person who may be injured
or damaged by reason of the licensee violating the provisions of this
article.
C.
The application for a license or a renewal thereof shall be made
on forms furnished by the Village Clerk 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.
(1)
The
application shall be accompanied by two copies of the complete mobile
home park plan showing the following, either existing or as proposed:
(a)
The extent and area used for mobile home park purposes.
(b)
Roadways and driveways.
(c)
Location of space for mobile homes.
(d)
Location and number of sanitary conveniences, including toilets,
washrooms, laundries and utility rooms to be used by occupants of
spaces.
(e)
Method and plan of sewage disposal.
(f)
Method and plan of garbage removal.
(g)
Plan for water supply.
(h)
Plan for lighting of spaces.
(i)
Plan for rubbish disposal.
(j)
All other matters required by this chapter.
(2)
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.
No mobile home park license shall be issued until the Village
Clerk shall notify the Village Board and the Village Board 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.
A.
Each mobile home space within a mobile home park shall be clearly
defined and shall contain at least 5,000 square feet of land area
for the exclusive use of the occupant; such space shall be no less
than 40 feet in width and no less than 100 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 Village Board. 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 60 feet in width and shall be paved to
Village specifications.
C.
Parking.
(1)
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.
(2)
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 license. 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]
E.
No mobile home shall be parked closer than five feet to the side
lot lines nor closer than 20 feet to the front 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 for longer than
seven days, 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 Village Board.
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 60 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.
L.
The mobile home park shall be so arranged that no dependent unit
shall be located further than 200 feet from the toilets and service
buildings provided for herein, and walkways to such buildings shall
be paved and well lighted.
A.
An adequate supply of pure water furnished through a pipe distribution
system connected directly with the public water main with supply faucets
located not more than 200 feet from any dependent mobile home 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 20 pounds per square inch pressure 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.
D.
Every mobile home park servicing dependent units shall provide an
abundant supply of hot water at all reasonable hours for bathing,
washing and laundry facilities.
A.
Every mobile home park designed to serve dependent units shall have
erected thereon suitable buildings for housing toilets, lavatories,
showers, slop sinks and laundry facilities as required by this article
and by the State of Wisconsin Administrative Code, such buildings
to be known as "service buildings." Service buildings shall be located
not more than 200 feet from any mobile home space. Such service buildings
shall be of permanent construction and adequately lighted, screened
and ventilated.
B.
There shall be provided separate toilet rooms for each sex. Water
flush toilets shall be required. Toilets shall be provided for each
sex in the ratio of one toilet for each six dependent units or fraction
thereof and shall have separate compartments. Every male toilet room
shall contain one urinal for each 16 dependent units, but in no case
shall any male toilet be without one urinal. Toilet rooms shall contain
lavatories with hot and cold running water in the ratio of one lavatory
for each two water closets.
C.
Separate bathing facilities for each sex shall be provided with one
shower enclosed in a compartment at least four feet square in size
for each six dependent units or fraction thereof. Each shower compartment
shall be supplemented by an individual dressing compartment which
shall be at least 16 square feet in size.
D.
Laundry facilities shall be provided on the ratio of one double-tray
unit and one conventional-type washing machine or one automatic washing
machine, with electric outlet, for each eight units. Sufficient drying
facilities shall be available.
E.
Slop sinks for disposal of liquid wastes originating at the units
shall be provided in a separate room of the service building in the
ratio of one slop sink for each 16 dependent units.
F.
Floors of toilets, showers and the laundry shall be concrete, tile
or similar material impervious to water and easily cleaned and pitched
to a floor drain.
A.
All liquid wastes from showers, toilets, laundries, faucets, lavatories,
etc., shall be discharged into a 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
fitting 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 10 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.
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 Village 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 Village authorities 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 tie-downs.
(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 Inspector in all locations designated by the Fire Inspector
and maintain such extinguishers in good operating condition; and cause
every area within the park designated as a fire lane by the Fire Inspector
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, rodent-proof container
for the deposit of garbage and refuse in accordance with the ordinances
of the Village. 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 Village, including regulations
promulgated by the Fire Inspector.[1]
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/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 Village 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 Village.
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 Village.
The Village Board 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 Village
Board so determines, it 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 its 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.[1]
B.
The Village Board, Fire Inspector or their lawful agents or employees
are authorized to inspect mobile home parks to determine the health,
safety and welfare of the occupants of the park and inhabitants of
the Village 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 Village.[2]
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 Inspector.
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 Zoning Administrator in compliance with Chapter 190, Building Construction, of this Code. 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.[3]
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 Village and the requirements of the state
plumbing, electrical and building codes and the regulations of the
State Department of Safety and Professional 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.
In connection with mobile home parks within the R-5 District,
no sign intended to be read from any public way adjoining the district
shall be permitted except as follows:
A.
No more than one identification sign, not exceeding 20 square feet
in area, may be erected 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 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.
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.
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 district
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 mobile home parks, 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 § 480-48 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 R-5 Districts 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 R-5 Districts (other than at streets or alleys).
Where R-5 Districts are so located that one or more boundaries are
at the edges of R-5 Districts 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.
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 contacts 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 vehicles
but shall not be used by other automotive traffic.
