[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from § § 11.01
to 11.17 of the former Municipal Code, amended 12-5-1988, 1-9-1989,
9-27-1993, 5-18-1998, 10-19-1999, 7-8-2002, 11-28-2005 and 5-22-2006.
The Village Board adopts this chapter for the purpose of enforcing
minimum standards for mobile home parks to promote the public health,
safety and welfare; establishing requirements for the design, construction,
alteration, extension and maintenance of mobile home parks and related
utilities and facilities; authorizing the issuance of permits for
construction, alteration and extension of mobile home parks; authorizing
the inspection of mobile home parks; regulating the location of mobile
homes and manufactured homes; and fixing penalties for violations.
The provisions of § 66.0435, Wis. Stats., are hereby
adopted by reference, except as hereinafter amended.
Whenever used in this chapter, unless a different meaning appears
from the context, the following terms shall have the meanings indicated:
A mobile home which does not have complete bathroom facilities.
Any person licensed to operate and maintain a mobile home
park under this chapter.
The Village Board of the Village of Fox Crossing.
A structure which has been certified and labeled as a manufactured
home under 42 U.S.C. §§ 5401 to 5426, or which has
been certified and labeled as a manufactured home under §§ 101.91
to 101.96, Wis. Stats., and Chapter SPS 326 of the Wisconsin Administrative
Code, and is designed to be used as a dwelling and, when placed on
site, is off its wheels and is properly connected to utilities and
is installed in accordance with the manufacturer's instructions or
a plan certified by a registered architect or engineer so as to ensure
proper support for the home, and has no tow bars or wheels attached
to it.
No manufactured home which bears a label certifying approval
under 42 U.S.C. §§ 5401 to 5426 or which has been certified
and labeled as a manufactured home under §§ 101.91
to 101.96, Wis. Stats., shall be required to comply with any building,
plumbing, heating or electrical code or any construction standards
other than those promulgated under those laws. In all other respects,
manufactured homes are subject to the same standards as site-built
homes.
A vehicle manufactured or assembled prior to June 15, 1976,
designed to be towed as a single unit or in sections on a highway
by a motor vehicle and equipped and used, or intended to be used,
primarily for human habitation, with walls of rigid, uncollapsible
construction, which has an overall length in excess of 45 feet. Within
mobile home parks, "mobile home" includes a structure which has been
certified and labeled as a manufactured home as defined under this
section.
Mobile home equipped with complete bath and toilet facilities,
all furniture, cooking, heating, appliances and complete year-round
facilities.
A mobile home park.
Any natural individual, firm, trust, partnership, association
or corporation.
Vehicular unit designed as temporary living quarters for
recreational, camping or travel use which is mounted or drawn by another
vehicle.
A mobile home unit.
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 said person a mobile home park within
the limits of the Village of Fox Crossing without having first obtained
a license for each such mobile home park from the Village Board pursuant
to this chapter. Such license shall expire one year from the date
of issuance, but may be renewed under the provisions of this chapter
for additional periods of one year. The licensing period for the issuance
of any original license or renewal license shall be August 1 to July
30 of the following year.
B.
The application for each license or the renewal thereof shall be filed with the Village Clerk and shall be accompanied by an annual fee set forth in the Village Fee Schedule, reference this Code section, which shall not be more than $100 for every 50 spaces, or any fraction thereof, together with a surety bond. This bond shall guarantee the collection by the licensee of the monthly parking permit fee provided for in § 276-17 of this chapter, and the payment of such fees to the Village Treasurer, 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 ordinance of the said Village pursuant to which said license is granted, and shall also be for the use and benefit 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 chapter.
C.
The Village Treasurer, following approval of a transfer of license
by the Village Board of the Village of Fox Crossing, shall collect
from the transferee a fee as set forth in the Village Fee Schedule,
reference this Code section, for the transfer of said license.
D.
In addition, any mobile home park license fee and any mobile home
parking permit fee not paid when due creates a lien in favor of the
Village of Fox Crossing in the delinquent amount upon the real estate
parcel where such mobile home park or mobile home is situated at the
time when the liability for such fee was incurred, effective as of
the first day of the month or year for which such fee is levied. The
licensing authority shall provide that all such license or permit
fees not paid when due shall be extended upon the tax roll as a delinquent
tax against the parcel where such mobile home park or mobile home
is or was situated at the time when liability for such fee was incurred,
and all proceedings in relation to the collection, return and sale
of property for delinquent real estate taxes shall apply to such delinquent
license or permit fee.
E.
The application for a license or a renewal shall be signed by the
applicant and filed with the Clerk of the Village of Fox Crossing.
The application 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/her to construct or maintain the mobile home
park and to apply for the license), also the name and address of the
applicant, and such a legal description of the premises upon which
the mobile home park is to be located or is located as will readily
identify and definitely locate the premises. The application shall
also contain a time schedule of the development of the mobile home
park from the date of commencement to the date of completion of the
mobile home park plan. The application shall be accompanied by two
copies of the mobile home park plan showing the following either existing
or as proposed:
(1)
The size and utilization use for park purposes.
(2)
Roadways and driveways.
(3)
Location of units for mobile homes.
(4)
Location and number of sanitary conveniences, including toilets,
washrooms, laundries and utility rooms to be used by occupants of
units.
(5)
Method and plan of sewage disposal.
(6)
Method and plan of garbage disposal.
(7)
Plan for water supply.
(8)
Plan for lighting of units and rubbish disposal.
(9)
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.
F.
The application (renewal or new) shall also be accompanied by evidence,
in writing, that the applicant has obtained all licenses required
pursuant to Wisconsin Statutes to be obtained from the State of Wisconsin
for the purpose of operating a mobile home park. No license shall
be issued by the Village Board until such time as all appropriate
licensing of the State of Wisconsin has been obtained by the applicant.
A.
No mobile home park license shall be issued until the Village Clerk
notifies the Village Board and the officials of the Village Board
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 shall be renewed without a
reinspection of the premises. For the purpose of making inspections
and securing enforcement, such officials or their authorized agents
shall have the right and empowerment to enter 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.
B.
The purpose of this regulation is to promote the health, safety,
morals and general welfare of the citizens of the Village of Fox Crossing
and require full compliance with this chapter in all respects as it
now exists or is hereafter amended.
(1)
The regulations of this chapter have been in use and effect for at
least a period of three years prior to September 1978, and the regulations
regarding mobile home parks were in force in the Village of Fox Crossing
previous to that time.
(2)
This regulation is passed with the knowledge that existing mobile
home parks are not entirely in compliance with all the regulations
of this chapter.
(3)
This regulation is designed for the purpose of requiring compliance
from mobile home park operators without severe hardship of immediate
continuation of certain existing uses.
C.
It shall be the responsibility of the Village Board or the Building
Official for the Village of Fox Crossing to examine on a regular basis,
and specifically at the time of licensing, all mobile home parks for
the purpose of determining whether the said park is in compliance
with the regulations of this chapter. In the event that a use that
is not in conformity with this chapter is found to be existing, the
holder of the mobile home park shall be notified, in writing, by the
Village of Fox Crossing or by a specified official of the Village
of Fox Crossing that the said mobile home park does not comply with
the regulations of this chapter. The person making the application
shall see that the mobile home park complies in all respects before
a license shall be issued.
D.
In the event the owner or person making application objects to compliance
because of a claim of exemption because of a conditional or existing
or nonconforming use and desires to continue such use, then the application
shall be made to the Village Board for extension of the use so long
as permitted by this chapter but not in excess of three years from
the date of passage of this chapter. In the event any use of a mobile
home park which is not in conformity with the regulations is discontinued
during the license year, and the mobile home park owner or licensee
already has notice of the violation, or is aware that the violation
does not meet or comply with the regulations of this chapter, then
the said right to continue the nonconforming use is hereby extinguished
and no mobile home park owner shall continue any use for which notice
has been given and the use has been discontinued following such notice.
Any nonconforming use not extinguished or discontinued during the
regular course of business, as provided above, will be required to
be brought into conformity with all of the rules and regulations of
this chapter immediately and prior to issuance of a license. This
rule shall apply unless extension is given by the Village Board for
a period up to three years from the date of passage of this chapter
during which time use may continue. The use as required to be terminated
by this chapter and by the Village of Fox Crossing shall in any event
cease after three years from the date of passage of this chapter,
whether or not notice has been given by the Village of Fox Crossing.
Any existing uses or nonconforming uses presently existing, which
practices are not discontinued at the end of the three-year period,
shall be subject to penalty for violation of this chapter at the end
of the three-year period should use extend beyond the three-year period.
In no event can the Village Board extend permission to continue a
use beyond the three years in violation of this chapter.
A.
Accompanying and to be filed with an original application for a mobile
home park shall be plans and specifications which shall be in compliance
with all county and Village ordinances and provisions of the Winnebago
County Health Department. The Clerk of the Village of Fox Crossing,
after approval of the application by the Village Board and upon completion
of the work according to the plans, shall issue the license.
B.
No mobile home or mobile home unit shall be located in any fire lane.
The parking of one unoccupied recreational mobile home in an accessory private garage building or in a rear yard is permitted, providing no living quarters shall be maintained or any business practiced in the mobile home when such mobile home is so parked or stored. (See Chapter 174, Campers.)
A.
Every mobile home and every mobile home park shall be located in
a well-drained area, and the premises shall be properly graded so
as to prevent the accumulation of stormwater or other waters. No mobile
home park shall be situated in any area that is located so that drainage
from any barnyard, outdoor toilet or other source of pollution can
be deposited in its location.
B.
Spaces shall be clearly defined and shall consist of a minimum of
60 feet by 100 feet, with no more than four spaces to an acre of land.
The mobile home park shall be so arranged that all spaces shall face
or abut on a driveway of not less than 20 feet in width, giving easy
access from all units to a public street. Public streets and driveways
in said plan shall be blacktopped or paved and maintained in good
condition, having natural drainage, be well-lighted at night, and
shall be free of obstructions. The plan shall provide for landscaping
and park facilities.
C.
The mobile home park shall be so laid out that no dependent unit
shall be located farther than 200 feet from the toilets and service
buildings provided for therein, and walkways to such buildings shall
be blacktopped or paved and well-lighted at night.
D.
Every space shall be furnished with an electric service outlet. Such
outlet shall be equipped with an externally operated switch or fuse
of not less than 30 amperes capacity, and a heavy-duty outlet receptacle.
Electrical outlets shall be weatherproofed, and no power lines shall
be less than 15 feet aboveground.
E.
No mobile home unit shall be parked in a mobile home park outside
of a designated space.
F.
No mobile home unit that is less than 12 feet wide and 50 feet long
shall be parked in any mobile home park.
A.
The Village of Fox Crossing shall allow the replacement of existing
mobile home units on individual lots within the designated mobile
home parks.
B.
All existing mobile home units that are replaced shall be replaced by manufactured homes. The owner of the replacement manufactured home shall provide written proof to the Village of Fox Crossing Building Official that the replacement is a manufactured home as defined under section § 276-3 of this chapter.
C.
Setback requirements of Chapter 435, Zoning, of the Village Code shall be met. If the replacement manufactured home has been repaired, the owner shall provide verification acceptable to the Village of Fox Crossing Building Official that the repairs are in compliance with Federal Manufactured Housing Construction Standards.
D.
The placement of manufactured homes outside of mobile home parks
shall be allowed with the following conditions. The manufactured home:
(1)
Is set upon an enclosed permanent foundation meeting the requirements
of the State Uniform Dwelling Code upon land which is owned by the
manufactured home owner;
(2)
Is off its wheels;
(3)
Is properly connected to utilities;
(4)
Is installed in accordance with the manufacturer's instructions or
a plan certified by a registered architect or engineer so as to ensure
proper support for the home; and
(5)
Has no tow bars, wheel or axles attached to it.
A.
Accessory structures such as storage sheds, garages, and decks shall be allowed in the mobile home parks and on the individual lots. All setbacks for accessory structures shall be in compliance with Chapter 435, Zoning, of the Village Code.
B.
No accessory structure will be permitted on any lot without the placement
of a mobile home unit on that lot.
For the protection and promotion of the public health, morals
and welfare of the Village of Fox Crossing and to provide for intelligent
planning for the Village of Fox Crossing, there is hereby imposed
a limitation of not less than 20 acres for each mobile home park located
in the Village of Fox Crossing.
A.
An adequate supply of pure water furnished through a pipe distribution
connected directly with the public water main with supply faucets
located not more than 200 feet from any dependent unit shall be furnished
for drinking and domestic purposes in all mobile home parks. Where
a public water system is not available, such water source shall be
such as is approved by the Department of Natural Resources.
B.
Individual water service connections provided for direct use of an
nondependent unit shall be so constructed that they would not be damaged
by the parking of such units. Such system shall be adequate to provide
20 pounds per square inch and capable of furnishing a minimum of 125
gallons 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 serving 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 chapter.
Such buildings, to be known as "service buildings," shall be located
not more than 200 feet from any dependent unit space and not closer
than 15 feet to any unit space. Such 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 eight dependent units or fraction
thereof and shall have separate compartments. Every male toilet room
shall also 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 running water in the ratio of one lavatory
to every two or fewer water closets.
C.
Separate bathing facilities for each sex shall be provided with one
shower, enclosed in a compartment at least four feet square, for each
eight dependent units or fraction thereof. Each shower compartment
shall be supplemented by an individual dressing compartment of at
least 12 feet square.
D.
Laundry facilities shall be provided at 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.
The above accommodations shall be based upon the total mobile home
park capacity according to the accepted plans.
G.
Floors of toilets, showers and laundry shall be of 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 extended from and connected
with the public sewer system.
B.
Every space designed to serve a nondependent unit shall be provided
with sewer connections which shall comply with the State Plumbing
Code. The sewer connection shall be provided with suitable fittings
so that watertight connections can be made. Such connections shall
be so constructed so 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 wastewater
and excess water.
E.
Every unit shall be provided with a substantial fly-tight, watertight,
metal garbage depository from which contents shall be removed and
disposed of in a sanitary manner by the mobile home park custodian
at least twice weekly between May 1 and October 15 and otherwise weekly.
A.
It shall be unlawful for any person to occupy any mobile home within
the Village of Fox Crossing for permanent occupancy unless such mobile
home is located in a mobile home park licensed under this chapter.
B.
The Village Board may, in its discretion, and by a uniform rule,
limit the number of occupants in any mobile home occupying a space
in a licensed mobile home park, for reasons of health and public welfare.
A.
In every mobile home park there shall be an on-site manager in residence
of the mobile home park for the assistance, safety and well-being
of the park residents. The on-site manager shall be available to the
mobile home park residents on a daily basis with reasonable hours.
If for some reason the on-site manager cannot be available on a daily
basis, she/he shall ensure a fill-in is available for the park residents.
A copy of the park license and this chapter shall be posted, and the
park register shall be kept in the on-site manager's office or residence
at all times.
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 guests, to be open at all times to inspection
by state and federal officers and by the Village Board, which shall
show for all guests:
(a)
Name and address.
(b)
Number of children of school age.
(c)
State of legal residence.
(d)
Dates of entrance and departure.
(e)
License number of all mobile homes and towing or other vehicles.
(f)
States issuing such license.
(g)
Purpose of stay in park.
(h)
Place of last location and length of stay.
(i)
Place of employment of each occupant.
(2)
Provide, attach, and maintain numerals on each mobile home space
in the mobile home park for the purpose of identifying said mobile
home for tax purposes, and for such other purposes as the Village
of Fox Crossing may require.
(3)
Maintain the park in a clean, orderly and sanitary condition at all
times.
(4)
Ensure that the provisions of this chapter are complied with and
enforced and reported promptly to the proper authorities any violations
of law which may come to his attention.
(5)
Report to the County Health Officer all cases of persons or animals
affected or suspected of being affected with any communicable disease.
(6)
Maintain in convenient places, approved by the Village Fire Department,
hand fire extinguishers in the ratio of one to each eight units.
(7)
Collect the monthly parking permit fee as provided in § 276-17 of this chapter. A book of account shall be kept current showing the names of the persons paying said service charges and the amount paid, which monies are the property of the Village of Fox Crossing.
(8)
Prohibit the lighting of open fires on the premises.
A.
Effective May 1, 1970, there is hereby imposed on each owner of a
nonexempt occupied mobile home in the Village of Fox Crossing a monthly
parking permit fee determined in accordance with § 66.0435(3)(c)1d,
Wis. Stats., which is hereby adopted by reference and made a part
of this chapter as if fully set forth herein, except as amended by
this chapter. It shall be the full and complete responsibility of
the licensee to collect the proper amount from each mobile home owner.
Said fee shall be paid to the Village Treasurer 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 Village Treasurer shall reasonably promulgate.
B.
Licensees of mobile home parks and owners of land on which are parked
any occupied nonexempt mobile homes shall furnish information to the
Village Treasurer and Village Assessor on such homes added to their
park or land within five days after arrival of such homes on forms
furnished by the Village Treasurer in accordance with § 66.0435(3)(c)2,
Wis. Stats. Failure to comply with this subsection shall be subject
to a forfeiture of not more than $25 as provided by § 66.0435(3)(h),
Wis. Stats. Each failure to report is a separate offense.
All plumbing, electrical, building and other work done on or
at any park licensed under this chapter shall be in accordance with
the ordinances of the Village of Fox Crossing and the requirements
of the state plumbing, electrical and building codes. 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 electrical work.
The Village Board is hereby authorized to revoke or suspend
any license or permit issued pursuant to the terms of this chapter.
Any person violating any provision of this chapter shall, upon conviction, forfeit an amount set forth in Chapter A450, Fines and Penalties, reference this Code section, plus the costs of prosecution, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment of such forfeiture and costs of prosecution, but not exceeding 30 days for each violation. Each day of violation shall constitute a separate offense.
