[HISTORY: Adopted by the Village Board of the Village of
Salem Lakes at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
Permit
required. It shall be unlawful for any person, firm or organization
to place a mobile home, camper, motor home, trailer or other movable
structure intended for or capable of human habitation in any place
within the Village of Salem Lakes, other than in a licensed mobile
home park, with the intent of occupying it or occupying it even temporarily
without having first obtained a permit from the Village Board.
B.
Policy.
It is the policy of the Village Board to prohibit the placement and
occupancy of mobile living quarters of any type within the Village
of Salem Lakes outside of licensed mobile home parks. The Village
Board acknowledges, however, that there may be circumstances under
which such placement and occupancy present the only practicable solution
to a temporary housing requirement. This section is intended to provide
for such temporary housing requirements where, in the Village Board's
discretion, circumstances warrant. Any permit issued hereunder is
therefore to be limited in duration and subject to such special conditions
as the Village Board may impose, considering the circumstances requiring
the issuance of a permit.
C.
Application
for permit. Application for a permit to so place such a mobile home,
camper, motor home, trailer or other movable structure shall be made
on forms furnished by the Village Clerk, which shall give the legal
description and tax parcel number of the land in question, a description
of the unit for which a permit is required, the names of the property
owner and the owner of the unit, the provisions being made for utilities
and sanitary disposal, the date such unit is to be placed on the premises,
and the names and addresses of all adjoining and facing property owners.
The completed application shall be submitted at least 30 days prior
to a regular meeting of the Village Board.
D.
Review
by Plan Commission; hearing. Applications shall be reviewed by the
Village of Salem Lakes Plan Commission, and a recommendation made
to the Village Board, prior to action by the Board. The Plan Commission
shall hold a public hearing on such application, with notice of such
hearing to be given to all adjoining and facing property owners, in
writing, and published as a Class 1 notice at least 10 days prior
to such hearing. The Village Board may conduct a further public hearing
on the question before issuing a permit hereunder. The notice and
hearing requirements may be waived under emergency conditions in the
discretion of the Village Board.
E.
Bond required.
Before a permit may issue hereunder, the applicant shall enter into
a written agreement to remove the unit described in the permit from
the affected premises at the expiration of the permit and shall post
a cash bond to guarantee removal by the specified date with the Village
Treasurer. Such cash bond shall be held in a separate, insured, interest-bearing
account and shall be returned upon the expiration of the permit and
confirmation that the unit for which the permit was issued has been
removed from the affected premises and is no longer occupied. Such
bond shall not be more than $5,000.
F.
Renewal
of permit. The Village Board may, upon application made in the same
manner as that for an initial permit, issue a renewal of any permit
granted hereunder for a like or shorter period and upon such modified
terms as the Board may determine.
G.
Revocation
of permit. In the event the holder of a permit hereunder fails to
abide by the conditions imposed by the permit granted hereunder, or
if other good cause is found to exist, the Village Board may, after
notice and hearing, revoke such permit.
A.
DEPARTMENT OF HEALTH SERVICES
DEPARTMENT OF NATURAL RESOURCES
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
DEPENDENT MOBILE HOME
LICENSEE or OPERATOR
MOBILE HOME LOT OR SPACE
MOBILE HOME PARK
NATURAL OR ARTIFICIAL BARRIER
NONDEPENDENT MOBILE HOME
PERSON
UNIT
VILLAGE BOARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
State Department of Health Services (DHS).
State Department of Natural Resources (DNR).
State Department of Safety and Professional Services (SPS).
A mobile home which does not have complete sanitary facilities.
Any person licensed to operate and maintain a mobile home
park under the provisions of this section.
A plot of ground within a mobile home park, consisting of not less than 5,000 square feet, for the placement of a single mobile home unit and the exclusive use of its occupants. The size of the lot shall be increased as required by Subsection F of this section.
A parcel of land which has been developed for the placement
of mobile homes, upon which 50 or more units may be located, regardless
of whether or not a charge is made for such accommodation.
Any river, pond, canal or railroad.
A mobile home equipped with complete bath and toilet facilities,
furniture, cooking, heating appliances and complete year-round facilities.
Includes an individual, partnership, firm, trust company,
or corporation, whether tenant, owner, licensee, lessee or their agent,
heirs or assigns.
Mobile home unit.
The Village Board of the Village of Salem Lakes.
B.
License required.
(1)
No person shall maintain or operate a mobile home park within the
limits of the Village unless such person first obtains a license for
such mobile home park. A mobile home park which was granted a license
under ordinances prior to the date of this section may continue to
operate as a nonconforming mobile home park, provided such nonconforming
use or condition does not affect the health or welfare of the occupants
of the mobile home park or the surrounding community.
C.
License and application fees.
(1)
All licenses issued under this section shall be effective from the
date of issue to April 30, unless sooner revoked as provided in this
section.
(2)
The fee for each license or renewal of license shall be as provided in § 272-1 of this Code. Such fees shall not be prorated.
(3)
If an application is received accompanied by the fee, and a license
is not granted, such fee shall be returned to the applicant.
D.
Application for license.
(1)
General. Applications for licenses shall be filed with the Village
Clerk, together with the applicable fee, on application forms provided
by the Department of Safety and Professional Services, which shall
be the general form of application, together with such other information
as the Village may require. Application shall be filed in triplicate,
together with a layout of plans and specifications as required by
this section. The Village Clerk shall forward one copy of the application,
together with the plans and specifications, to the Department of Safety
and Professional Services and one complete copy of the application
to the Village Plan Commission for review and recommendation. The
Commission shall hold a public hearing on the application for a mobile
home park. Notice of such hearing shall be a Class 1 notice as provided
by § 985.07, Wis. Stats. If the proposed mobile home park,
after construction, is in full compliance with the provisions of this
section, state statutes and Wisconsin Administrative Code regulations,
the Village Board shall grant the license for a mobile home park.
(a)
The Village Board may, prior to the issuance of any license
or approval of any application for a license, conduct a public hearing
on the question of any new license or extensions or expansion of an
existing mobile home park.
(b)
The Village Board shall not grant a license unless the applicant
shall provide the Board with satisfactory evidence that plans and
specifications of the mobile home park have been approved by the Department
of Safety and Professional Services.
(2)
Application for renewal of license. Upon application, in writing,
by a licensee for renewal of a license, and upon payment of the annual
license fee, the Village Board shall issue such renewal license for
the issuing year, provided that no such license shall be issued until
the Village Board or administrative official appointed by the Board
has determined that such park is in compliance with the terms and
conditions of this section and Ch. SPS 326, Wis. Adm. Code, by the
most recent inspection by the Department of Safety and Professional
Services.
(3)
Application for transfer of license from one person to another.
(a)
Every person holding a license shall give notice, in writing,
to the Village Board within 24 hours after having sold, transferred
or otherwise disposed of interest in or control of any mobile home
park.
(b)
Such notice shall include the name and address of the transferee,
and, upon payment of the transfer fee, the Village Board shall issue
a transfer license if the transferee is eligible for a mobile home
park license as an original applicant.
E.
Limitation.
(1)
Mobile home parks shall be located only in the R-12 Mobile Home/Manufactured Home Park/Subdivision Residential District as provided in Chapter 490, Zoning and Shoreland/Floodplain Zoning.
(2)
After the enactment of this section, no license for a mobile home
park shall be issued to any site for accommodation of fewer than 50
mobile home park spaces. The Plan Commission and Village Board shall
take into consideration any comprehensive plan to lessen congestion
on streets and roadways; secure safety from fire, panic or other dangers
to the occupants of the park and to the community as a whole; promote
health and general welfare; provide adequate light and air; prevent
overcrowding of the land by undue density of population; and facilitate
adequate provision for transportation, water, sewage, drainage, floodplain
and watershed conditions, schools, parks and other public requirements.
(3)
No license shall be issued for any mobile home park unless each boundary
of the park is at least 25 feet from any permanent residential dwelling
located outside the park, and no mobile home site shall be less than
25 feet from the lot line or boundary of the park.
(4)
The Board may, on its own determination or upon recommendation of
the Department of Safety and Professional Services, impose other reasonable
rules and regulations with respect to such units as may be deemed
appropriate and necessary in consideration of the general health and
welfare of the mobile home park and the community.
F.
Mobile home park plan. A mobile home park plan shall be laid out on a plat as surveyed by a professional land surveyor and shall conform to the requirements set forth in Ch. SPS 326, Wis. Adm. Code, except that where limitations, restrictions or conditions imposed by § 490-33.8B(38) are more restrictive than those set forth in Ch. SPS 326, Wis. Adm. Code, the most restrictive conditions or limitations shall apply. Existing mobile home parks or spaces that do not comply with minimum requirements of this section shall be deemed to be nonconforming and subject to Subsection B of this section.
(1)
Illumination of park street systems. All parks shall be furnished
with lighting units so spaced and equipped with luminaires placed
at such mounting heights as will provide the following average maintained
levels of illumination for the safe movement of pedestrians and vehicles
at night:
(2)
Electrical service. Each mobile home space shall be provided with
a minimum one-hundred-twenty-five amp service and installation. Wire
size, voltage, etc., shall be in compliance with applicable state
and local electrical codes.
(3)
Fuel supply and storage; natural gas system.
(a)
Natural gas piping systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems, and no other fuel supply system shall be permitted where
natural gas is available.
(b)
Each mobile home lot provided with piped gas shall have an approved
manual shutoff valve installed upstream of the gas outlet. The outlet
shall be equipped with an approved cap to prevent accidental discharge
of gas when the outlet is not in use.
(4)
Liquefied petroleum gas systems.
(a)
Where natural gas is not available, liquid petroleum gas systems
may be installed and maintained in accordance with applicable codes
and regulations governing such systems.
(b)
Systems shall be provided with safety devices to relieve excessive
pressures and shall be arranged so that the discharge terminates at
a safe location.
(c)
Systems shall have at least one accessible means for shutting
off gas. Such means shall be located outside the mobile home and shall
be maintained in effective operating condition.
(d)
All liquid petroleum gas piping outside of mobile homes shall
be well supported and protected against mechanical injury. Undiluted
liquefied petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in mobile homes.
(e)
Liquefied petroleum shall be stored in a central location with
a distribution system to each mobile home space. The storage by private
container on mobile home lots shall not be permitted. The central
storage tank system shall be located in such an area as to provide
minimum hazard, and location shall be approved by the Village Board
and any other applicable regulation agency.
(5)
Fuel oil systems.
(a)
All fuel oil supply systems shall be installed and maintained
in accordance with applicable codes and regulations governing such
systems.
(b)
Fuel oil shall be stored in a central location with a distribution
system to each mobile home space. The storage by private container
on mobile home lots shall not be permitted. The central storage tank
system shall be located in such an area as to provide minimum hazard,
and location shall be approved by the Village Board and any other
applicable regulating agency.
(6)
Commercial user prohibited. No person shall at any time use a mobile
home for the purpose of advertising, commercial business or manufacture
of any kind whatsoever.
(7)
Plantings. Each mobile home park shall be completely surrounded,
except for permitted entrances and exits, by a yard setback which
shall be 25 feet from the highway right-of-way, in addition to all
other required yards and open spaces which shall not be less than
25 feet wide. Within such yard there shall be established, at time
of construction and prior to the park opening for business, the following
plantings:
(a)
A temporary planting of fast-growing vegetation capable of reaching
a height of 15 feet or more.
(b)
A permanent evergreen planting, the individual trees to be of
such number and so arranged that, within 10 years, they will have
formed a screen. Such permanent planting shall be grown or maintained
to a height of not less than 15 feet.
(8)
Recreation area. Each mobile home park plan shall provide for a minimum
recreation area of 1/2 acre for benefit of the park residents and
not less than an additional 1/2 acre for each 100 mobile home lots
or sites or fraction thereof. Such recreation area shall be considered
to be part of the mobile home park service area and shall be properly
maintained.
G.
Water supply. An adequate supply of potable water for drinking and
domestic purposes shall be supplied by pipes to all buildings and
mobile home spaces within the park.
H.
Waste disposal. All mobile home units shall be connected to the municipal
sanitary sewage system, and all wastewater from showers, tubs, flush
toilets, urinals, lavatories, sinks and laundries in service and all
other buildings having a plumbing system shall be discharged into
a municipal sanitary sewer in compliance with applicable sanitary
sewer ordinances.
I.
Garbage receptacles. Leakproof garbage containers with tight-fitting
covers shall be provided in quantities to permit disposal of all garbage
and rubbish, such cans to be emptied and cleaned no less than once
per week, and shall be located not more than 100 feet from any mobile
home space. Refuse collection stands shall be provided for all garbage
cans and containers, and such stands shall be so designed as to prevent
containers from being tipped to minimize spillage. Collection of garbage
and refuse shall be done in such a manner as to create no health hazard,
rodent- and insect-breeding area, accidents, fire hazards or air pollution.
J.
Fire protection. Every mobile home park shall be equipped at all
times with fire-extinguishing equipment, in good working order, of
such type, size and number and so located within the park as to satisfy
applicable reasonable regulations of the Fire/Rescue Department. No
open fires shall be permitted at any place which may endanger life
or property. No fires shall be left unattended at any time.
K.
Register of occupants.
(1)
Each licensee and permittee shall keep a register containing a record
of all mobile home owners and occupants located within the park. The
register shall contain the following information:
(a)
The name and address of each mobile home occupant.
(b)
The name and address of the owner of each mobile home.
(c)
The make, model, year and license number of each mobile home.
(d)
The state, territory or county issuing such license.
(e)
The date of arrival and departure of each mobile home.
(f)
The place of last location.
(g)
Whether each mobile home is a dependent or nondependent mobile
home.
(2)
The park shall keep the register available for inspection at all
times by law enforcement officers, public health officials and other
officials whose duties necessitate acquisition of the information
contained in the register. The register record for each occupant registered
shall not be destroyed for a period of three years following the date
of departure of the registrant from the park.
L.
Management. The licensee shall make appropriate provisions for management
of the mobile home park by maintaining on the premises, or in close
proximity thereof, for immediate communication, an office which shall
be kept and maintained by the licensee or his authorized agent who
shall have the authority to act on behalf of the licensee in all matters
relating to the terms and conditions of this section. The licensee
or appointed agent is charged with the responsibility of carrying
out all of the conditions of this section to keep and maintain the
mobile home park in a clean, orderly and sanitary condition at all
times and to report to the Village Clerk and cooperate with the local
officials in all cases of persons or animals infected or suspected
of being infected with a communicable disease.
M.
Revocation of license. The Village Board may suspend or revoke for
cause any license issued under this section upon complaint filed with
the Village Clerk, signed by any law enforcement officer or the Building
Inspector, after a public hearing upon such complaint. The licensee
shall be given at least 10 days' notice, in writing, of such hearing
and shall be served with a copy of the complaint and notice, either
personally or by certified mail, return receipt requested. Service
shall be upon the licensee, if an individual; upon a partner, if a
partnership; upon any officer, if the licensee is a corporation; or,
in any event, upon the agent or person in charge of the operation
of the mobile home park. The licensee shall be entitled to appear
and be heard as to why such license should not be revoked. If the
Board shall, after hearing testimony, determine to revoke or suspend
the license, such decision may be, within 20 days of the date of such
revocation, appealed to the Circuit Court by filing written notice
with the Village Clerk, together with a bond executed to the Village
in the sum of $500, conditioned for faithful prosecution of such appeal
and payment of costs. Parties shall be entitled to counsel and to
cross-examination of witnesses.
N.
Dependent mobile homes and travel trailers. Dependent mobile homes
and temporary travel trailers shall not be permitted in a mobile home
park.
O.
Laws, rules and Administrative Code adopted. In addition to the requirements
of this section, all provisions of the Wisconsin Statutes and the
rules and regulations of the Department of Natural Resources, Department
of Health Services and the Department of Safety and Professional Services,
as may be from time to time adopted or amended, are hereby adopted
and made a part of this section by reference with the same force and
effect as those set forth in full. In the event of a conflict between
the rules and regulations of this section and those of the state agencies
named herein, the ordinance, rule or regulation which is most restrictive
shall be deemed to apply with respect to the establishment, operation
or plan of any mobile home park.
P.
Mobile home monthly fees.
(1)
In addition to the annual license fee set forth herein, there shall
be collected from each mobile home occupying space or lots in a mobile
home park a monthly parking permit fee, computed and payable as set
forth in § 66.0435(3), Wis. Stats. The licensee or operator
of any mobile home park shall be required to furnish information relative
to the making of assessments to the Village Clerk and Assessor as
to any mobile home in the licensed park. The information to be given
shall be upon the forms supplied by the Village and as prescribed
by the State Department of Revenue.
(2)
The licensee or operator of the mobile home park shall be responsible
for the monthly parking permit fees and shall account to the Village
Treasurer as follows: Such fee shall be paid to the Treasurer on or
before the 10th day of the month for which such fee is due. Each licensed
mobile home park operator shall be designated as a collection agent
for the Village and shall collect and receive the monthly parking
permit fee on behalf of the Village Treasurer and issue a receipt
therefor on approved forms supplied by the Village and, as to any
such receipts of monthly parking permit fees, settle with the Treasurer
no later than the 15th day of each succeeding month. The mobile home
owner shall have the option to pay the monthly parking permit fee
in advance for a period of not to exceed the current calendar year
for which the statement of monthly parking permit fees has been issued.
(3)
The Village Treasurer shall retain 10% of the monthly parking permit
fees collected currently in each month to cover the cost of administration,
the same to become a part of the general fund of the Village, and
shall pay to the school district in which the park is located such
proportion of the remainder of the current fees collected in the preceding
month as the ratio of the most recent property tax levy for school
purposes bears to the total tax levy for all purposes in the Village
within 20 days after the end of each month. The remainder of such
fees collected shall become a part of the general fund of the Village.
As to monthly parking permit fees paid in advance, the Treasurer shall
maintain a record therefor and account for same on a monthly basis
and rebate, upon proper application of the mobile home owner and order
of the Village, monthly parking permit fees not due and owing to the
Village because of moving or other exemption.
(4)
No mobile home shall be removed from the space occupied in a licensed
mobile home park without the owner, occupant or park licensee first
having obtained a certificate indicating that current permit fees
are paid.
(5)
The licensee of a mobile home park shall be permitted to retain 2%
of such fees as compensation for collection and administration.
Q.
Compliance with state regulations. In addition to the required notices,
information and requirements set forth in this section to be approved
by the regulatory agencies of the state, the Village Clerk shall submit
the following to the Department of Safety and Professional Services:
(1)
During the month of April of each year, a list of all mobile home
parks within the Village.
(2)
A list of all persons charged with the administration and enforcement
of this section.
(3)
A copy of this section and any amendments hereto as may be from time
to time enacted, together with any regulations or variances.
R.
Mobile homes restricted to parks.
(1)
No mobile home shall be located, kept or occupied outside of a mobile
home park licensed under this section, except that the Village Board
may issue a temporary special permit for a mobile home to be occupied
as an office, but not living quarters, for construction crews or other
commercial purposes or during a period of time when a farm residence
is being rebuilt after a fire or other casualty, and the owner's presence
on the land is necessary to continue agricultural operations. Such
temporary permit shall be for a period of time not to exceed six months,
but may extend from time to time for six-month periods upon good cause
shown to the Board.
(2)
The Board shall not issue a special permit under this subsection
until the Board is satisfied that the mobile home proposed for use
as an office or residence, as defined herein, is properly serviced
with adequate potable water supply and sanitary sewage system.
(3)
The Board may require the applicant to post a bond with the Village
in an amount sufficient to ensure that the mobile home will be removed
at the end of the permit. The bond shall be returned to the owner
if the mobile home unit is removed from the site at the termination
of the permit; otherwise, the bond shall be forfeited to the Village
for any cost suffered by the Village in causing the mobile home unit
to be removed or applied to any forfeitures imposed for violation
of this section.
Except as otherwise provided, in addition to the revocation or suspension of any license or permit issued under the provisions of this chapter, any person found to be in violation of any provision of this chapter shall be subject to forfeiture as provided in § 1-4 of this Code.
