[HISTORY: Adopted by the Common Council of the City of Gillett 11-3-2011 by Ord. No. 18-2011. Amendments noted where applicable.]
The purpose of this Mobile Home Ordinance is to regulate the placement and parking of mobile homes and travel trailers within the City of Gillett. The provisions of this chapter shall be held to the minimum licensing standards required for the establishment and operation of mobile home parks, mobile home subdivisions, travel trailer parks and campgrounds adopted to promote the health, safety, morals, comfort, prosperity, conformity and general welfare of the City of Gillett. It is the intention of this chapter to complement and be in conjunction with Chapter 21, Zoning, of the City Code. Any portion of this chapter that conflicts with Chapter 21, Zoning, shall be subservient to Chapter 21, Zoning, of the City Code or, if contradictory, shall be null and void.
The terms listed below, when used in this chapter, shall be defined as follows. Other terms shall be defined as set forth in Chapter 21, Zoning, of the City Code if defined therein.
Any area or space designed for joint use of tenants occupying
a mobile home park.
A written license issued by the City of Gillett allowing
a person to operate and maintain a mobile home park, mobile home subdivision,
travel trailer park, or campground under the provisions of this chapter
and regulations hereafter.
A structure which is, or was originally constructed and designed
to be transported by any motor vehicle upon a public highway, and
is equipped, designed, and used primarily for permanent, long-term
sleeping, eating and living quarters, or is intended to be so used,
and includes any attachments, additions, annexes, and foundations.
Furthermore, a mobile home may be used for human habitation in the
City of Gillett providing these requirements are met:
The dwelling has a minimum nominal width of 14 feet;
The dwelling has a nominal roof pitch of three inches of rise
per 12 inches of run;
The dwelling was constructed no more than 15 years prior to
the date of application. Additions to existing conforming structures
that are 15 years or older are not prohibited by this chapter;
Two mobile homes cannot be attached, combined or otherwise joined
together;
Any mobile home used for human habitation must contain a minimum
of 840 square feet of living space. Any additions to the structure
will not be counted in determining if the 840 square feet has been
met.
That part of an individual lot that has been reserved for
the placement of one mobile home unit. The mobile home site is generally
paved with concrete.
A residential subdivision designed for the sole purpose of
the placement of one single-family mobile home unit on each lot, said
lots are owned separately, and said subdivision consists entirely
of mobile homes.
Any individual, partnership, firm, company or corporation,
whether tenant, owner, lessee, licensee, agent, heir or assign.
Vehicular, portable, temporary living quarters used for travel,
recreation, and vacation which may take one of the following forms:
A parcel of land on which two or more spaces are occupied,
or intended for occupancy, by travel trailers for transient dwelling
purposes. A travel trailer park may also be considered a campground.
A mobile home or travel trailer.
A.
Parking restrictions on public lands.
(1)
Except as provided in this chapter, no person shall park within the
City any mobile home or travel trailer on any street, alley, highway
or other publicly owned land.
(2)
Emergency or temporary stopping or parking of a mobile home or travel
trailer is permitted on any street, alley, or highway for not longer
than 24 hours, subject to any other and further prohibitions, regulations,
or limitations imposed by traffic and parking regulations or ordinances
for that street, alley or highway.
(3)
Special permission extending emergency or temporary stopping or parking
of a mobile home or travel trailer may be granted by the Police Chief
or his/her designee. This permission may be granted for a period not
to exceed five days, if the issuing official finds that such parking
will not interfere with the orderly flow of traffic or be otherwise
injurious to the safety or welfare of the City or its inhabitants.
Such permission shall be in written form and shall state:
(a)
The name of the applicant;
(b)
The owner or lessee of the mobile home or travel trailer;
(c)
The address and/or location of the temporary parking location
of the mobile home or travel trailer;
(d)
The reason the temporary extension was requested;
(e)
The dates and hours of the temporary extension; and
(f)
Such other information as may be appropriate.
B.
Parking restrictions on private lands.
(1)
It shall be unlawful to place, locate, or park any mobile home or travel trailer on any privately owned parcel of land within the City of Gillett except as provided in this chapter. All the permitted uses listed hereunder shall be subject to the restrictions set forth in Chapter 21, Zoning, of the City Code applying to conditional use, including those specifying consideration and recommendation by the Planning Committee of the City.
(2)
It shall be lawful to locate one mobile home on each parcel of land, or lot, within an area zoned as a mobile home subdivision in accordance with Chapter 21, Zoning.
(3)
It shall be lawful to locate mobile homes on a parcel of land within a mobile home park licensed by the City, provided that the mobile home park lies within a properly zoned parcel in conformance with Chapter 21, Zoning.
(4)
It shall be lawful to locate a travel trailer on a parcel of land within a travel trailer park or campground licensed by the City, provided that the travel trailer park or campground lies within a properly zoned parcel in conformance with Chapter 21, Zoning.
(5)
It shall be lawful to locate only one travel trailer in an accessory
private garage building, or in a rear yard in any residential district
within the City of Gillett, provided that said travel trailer shall
not be occupied for living quarters and that no business shall be
practiced within it while it is so parked or stored.
(6)
It shall be lawful to locate mobile homes or travel trailers on the
premises of appropriately zoned business establishments which are
engaged in the sale, rental, leasing, manufacture, or repair of mobile
homes or travel trailers.
The Common Council may issue a special written permit, as recommended
by the Planning Committee, allowing the location and occupancy of
a mobile home outside of a mobile home park or mobile home subdivision
upon a showing of hardship and/or immediate necessity by the applicant.
The permit shall not be issued for a period to exceed 90 days for
one lot in any twelve-month period nor for more than one mobile home
on any one lot.
A.
Issuance of a special permit requires the consent of the owner, legal
agent of the owner, or the lessee of the location for which the special
permit is issued.
B.
All mobile homes for which special permits are requested shall be
inspected and approved for occupancy by the City Building Inspector
prior to issuance of the permit. The City Building Inspector shall
advise the Planning Committee on the issuance of the permit.
C.
Application for the special permit shall be made to the City Clerk/Treasurer
no later than seven working days prior to the meeting of the Planning
Committee in which the issuance of the permit is to be considered.
All applications for special permits shall be accompanied by an inspection
fee established by the Common Council.
D.
The application shall contain the following information:
(1)
Name and permanent address of the occupants;
(2)
Address and location of the permit location;
(3)
Serial number and pertinent information of the mobile home;
(4)
Documentation of the owner's and/or occupant's permission to locate
on the premises;
(5)
Statement of the nature and location of sanitary facilities;
(6)
A statement that all waste from the mobile home occupancy shall be
disposed of in accordance with the ordinances of the City of Gillett;
and
(7)
If the location is a vacant lot or parcel of land, a statement indicating
the nature and location of sanitary facilities and the source of water
supply, that these facilities are within 200 feet of the mobile home,
and that the owner has given permission for their use.
A.
Imposed fees. There is imposed on each owner of a nonexempt, occupied
mobile home in the City a monthly parking fee determined in accordance
with § 66.0435(3), Wis. Stats., which is adopted by reference
and made part of this section as if fully set forth herein.
B.
Inform authorities. Licensees of mobile home parks and owners of
land on which are parked any occupied, nonexempt mobile homes shall
furnish information to the City Clerk/Treasurer and City Assessor
on such homes added to their park or land within five days after arrival
of such homes, on forms furnished by the City Clerk/Treasurer in accordance
with § 66.0435(3)(c), Wis. Stats.
C.
Monthly municipal permit fees. Each licensee of each mobile home
park shall collect the proper monthly municipal permit fee from the
owner of each mobile home parked therein. Licensees and owners of
mobile homes permitted to be located on land outside a mobile home
park shall pay to the City Clerk/Treasurer such municipal permit fees
on or before the 10th of the month following the month for which such
fees are due.
A.
Required. No person shall establish, operate, or maintain or permit
to be established, operated, or maintained upon property owned, leased,
or controlled by said owner a mobile home park, travel trailer park
or campground within the City without first securing a license from
the Common Council, prior to a recommendation from the Planning Committee,
pursuant to this chapter. Such license shall expire at midnight on
June 30 annually, but may be renewed under the provisions of this
chapter for additional one-year periods.
B.
Location restricted. An application for the construction of a mobile
home park, travel trailer park or campground shall be considered only
when its proposed location is within a district zoned for such use
and only after the required conditional use permit has been issued.
C.
Transfer restricted. Licenses for construction and operation of a
mobile home park, travel trailer park or campground are not transferable.
Any changes in ownership of the property of said operations requires
reapplication for the required license to the Planning Committee for
recommendation and then to the Common Council for approval.
(1)
Every person holding a license shall give notice in writing to the
City Clerk/Treasurer within three days of any change in the management
of the park. Such notice shall contain the name, address, and phone
number of the new manager and/or management.
(2)
Every person holding a license shall give notice in writing to the
City Clerk/Treasurer of any change in ownership of the park prior
to the change. Such notice shall contain the name, address, and phone
number of the new owner(s) and, if more than one, the percent ownership
interest of each.
D.
Alterations. Any change in the layout, alteration, or expansion of
a mobile home park, travel trailer park or campground shall not begin
prior to the application and issuance of a required license modification
by the recommendation of the Planning Committee and approval of the
Common Council.
A.
Application process. The application for the original license, or
a renewal thereof, shall be made on forms furnished by the City Clerk/Treasurer
and shall include:
(1)
Name, address, and phone number of the applicant.
(2)
If the applicant represents a business interest, the names, addresses,
and phone numbers of all owners of the business and their respective
percentage of ownership.
(3)
Name, address, and phone number of owner in fee of the tract occupied
or to be occupied by the park and, if different from the applicant,
a duly verified statement by the owner that the applicant is authorized
to construct or maintain the park and submit the application.
(4)
The name, address, and phone number of the on-site manager.
B.
Application requirements. The initial application for any existing,
new, or revised mobile home park shall be accompanied by three copies
of the complete engineering plans and specifications of the existing
park, planned expansion, or proposed park showing but not limited
to the following:
(1)
The total area of the tract, including outside dimensions.
(2)
The number, location and size of all mobile home or travel trailer
lots.
(3)
The location of each mobile home site within each mobile home lot.
(4)
All property setback lines as well as setbacks for each mobile home
lot.
(5)
The location of all common areas, including the location and square
footage and dimensions and location of all recreational areas.
(6)
The location and width of all roadways and walkways.
(7)
The location of service buildings and the number of sanitary conveniences,
including toilets, washrooms, laundries, and utility rooms to be used
by the occupants of the mobile home park.
(8)
The location of all fences.
(9)
The location of all signs.
(10)
Plans and specifications of all utilities, including sanitary sewage,
water distribution, stormwater drainage, electrical, communications,
and community antenna systems.
(11)
Landscape plans for the entire park.
(12)
Method and plan for solid waste removal and recycling compliance.
(13)
A copy of all park rules and description of method of enforcement.
(14)
Such other plans and specifications and information as may be reasonably
required by the governing body.
C.
Renewal applications. Any renewal application will contain:
(1)
Copy of the conditional use permit under which the park is operating.
(2)
Copies of any and all hardship exemptions issued by the Common Council.
(3)
All changes that have occurred in management of the park since the
issuance of the previous license.
(4)
Copy of all revised park rules and enforcement methods.
D.
Submittal. All applications shall be submitted to the City Clerk/Treasurer
for appropriate review a minimum of:
E.
Review process. The application for such license or renewal thereof
shall be reviewed by the City Clerk/Treasurer for completeness, by
the City Clerk/Treasurer and Police Chief for compliance with ordinances
and by the City Building Inspector for construction standards and
codes. Upon the completion of the review by the municipal officials,
the license application or renewal shall be reviewed by the Planning
Committee for the recommendation to the Common Council. Upon the satisfaction
of the Common Council that the operation of the park conforms to municipal
ordinances, the Council shall order the license issued.
F.
Application fees. No application will be reviewed or approved without
payment of the following fees:
(1)
Nonrefundable construction review fee as set by the Common Council.
(2)
An annual license fee (in addition to the initial application fee)
as set by the Common Council.
(3)
A late application fee, if applicable. If an application for renewal
of a license is submitted to the City, or postmarked, less than 30
days prior to the expiration of the existing license, a late fee as
set by the Common Council will be assessed. If a renewal application
is submitted after the expiration of an existing license, the initial
application process and fee schedule will apply.
(4)
Operation in any fiscal year requires a license. License fees shall
not be prorated for a portion of the fiscal year.
(5)
The above-noted fee schedule is separate from zoning compliance permit
fees, conditional use fees, and building permit fees that may be imposed.
A.
Authorization. The Common Council and its authorized agents shall
hereby authorize and direct to make such inspections as are necessary
to determine satisfactory compliance with this chapter.
B.
Property inspection. The Common Council and its authorized agents
shall have power to enter at reasonable times upon the property of
the licensee for the purpose of inspection and investigating conditions
related to enforcement of municipal ordinances.
C.
Register inspection. The Common Council and its authorized agents
shall have the power to inspect the register containing a record of
all residents of each park governed by this chapter.
D.
Access for inspections. It shall be the duty of the park management
to give the Common Council and its authorized agents free access to
all areas of the park at reasonable times for the purpose of inspections.
E.
Access for maintenance. It shall be the duty of every park occupant
to give the owner thereof, or its agent, access to any part of said
park at reasonable times for the purpose of maintenance, repairs,
or alterations as are necessary to effect compliance with municipal
ordinances.
A.
Orders for notice. Whenever the Common Council determines that there
are reasonable grounds to believe that there has been a violation
of this chapter, the Common Council may order the discontinuance of
such violation and shall give notice of such alleged violation to
the person to whom the permit or license was issued.
(2)
Such notice and order shall have been properly served when:
(a)
A copy thereof has been sent by certified United States mail
to the last known post office address of the licensee as registered
with the City Clerk/Treasurer;
(b)
The same has been personally served upon the attorney-in-fact
of such licensee; or
(c)
The same shall have been served in any other manner as provided
by Wisconsin Statues for the service of process.
B.
Hearings. Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this chapter
may request and shall be granted a hearing on the matter before the
Common Council, provided that such person shall file in the office
of the City Clerk/Treasurer a written petition requesting such hearing
and setting forth a brief statement of the grounds thereof within
10 days after the date of issue of such notice or order.
C.
Stay of notice. The filing of the request for a hearing shall operate
as a stay of notice and the order. Upon receipt of such petition,
the Common Council shall set a time and place for such hearing and
shall give the petitioner written notice thereof. At such hearing,
the petitioner shall be given an opportunity to be heard and to show
why such notice and order should be modified or withdrawn. The hearing
shall commence no later than 10 days after the day on which the petition
was filed, provided that, upon application of the petitioner, the
Common Council may postpone the date of the hearing for a reasonable
time beyond such ten-day period when, in the judgment of the Council,
the petitioner has submitted good and sufficient reasons for such
postponement.
D.
Order. Upon the expiration of the time required in such notice or order after such hearing, as the case may be, the Common Council shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice and order which shall be served as provided in Subsection A. Upon failure to comply with such order, either as sustained or modified, the license of the mobile home park affected by the order may be suspended or revoked.
E.
Emergency order. Whenever the Common Council finds that an emergency
exists which requires immediate action to protect public health and/or
safety, it may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action
be taken as it may deem necessary to meet the emergency. Notwithstanding
any other provisions of this chapter, the person to whom such order
is directed shall comply therewith immediately, but upon petition
to the Common Council shall be afforded a hearing as soon as possible.
A.
Park design. Mobile home parks and travel trailer parks shall be designed to the specifications provided for within Chapter 21, Zoning, of the City Code, the Wisconsin Administrative Code and Wisconsin Statutes.
B.
Specifications. In addition to Subsection A above, the following specifications shall apply:
(1)
Mobile homes and travel trailers shall only be parked within designated
spaces.
(2)
All mobile home park sidewalks and roadways shall be well lit and
unobstructed.
(3)
All mobile homes shall be skirted within 15 days of placement.
(4)
The hitch used for pulling the mobile home may protrude into the
front yard setback.
(5)
Mobile home parks shall be served by a private main sanitary sewer
connected to the municipal sanitary sewer system.
(6)
The size of the water service for a mobile home park shall be determined
by the number of units served and shall conform to the requirements
of Wisconsin Administrative Code and the recommendations of the Utility
Committee.
(7)
All mobile home units, whether parked in mobile home subdivisions or mobile home parks, are required to be secured to the ground via tie-downs. A minimum of two tie-downs shall be provided for each unit. Mobile home units parked in accordance with § 24-3A shall be exempt from tie-down requirements.
A.
Park information. In every mobile home park, there shall be located
information for the office of the on-site manager or agent in charge
of such park. A copy of the park licenses shall be posted therein
along with a copy of the park rules and contact information.
B.
Duties of park management. The duties of the manager, agent in charge
or licensee shall keep a register of all occupants which shall be
open to inspection by federal, state and local officials.
(2)
A copy of such register, listing all required information and all
monthly changes, shall be mailed to the City Clerk/Treasurer by park
management on or before the 10th day of each month.
(3)
Park management shall ensure the provisions of this chapter are complied
with and enforced.
(4)
Park management shall provide adequate supervision of the park at
all times.
(5)
Park management shall maintain and operate the park in conformance
with all municipal codes and ordinances and park rules.
(6)
Park management shall maintain the park in a well-maintained, clean,
orderly and sanitary condition at all times.
(7)
Park management shall distribute a copy of the park rules to all
occupants of the park as well as copies of all revisions of park rules
and inform occupants of their duties and response abilities under
this chapter.
(8)
Park management shall supervise the placement of each mobile home
on its mobile home site, which includes securing its stability and
installing all utility connections.
(9)
Collect the monthly parking fee provided for in § 24-5 of this chapter. An account shall be kept showing the names of persons paying said fees and the amount paid.
(10)
Park management shall maintain lot numbers on each lot providing
the lot number visible from the park access roads containing numerals
of a minimum two inches in height.
C.
Duties of park occupants. Park occupants shall comply with all applicable
requirements of this chapter and shall maintain their mobile home
lots, their facilities, and equipment in good repair and in a clean
and sanitary condition.
(1)
Park occupants shall obey all rules established by park management.
(2)
The park occupant shall be responsible for the proper placement of
the mobile home on its mobile home site and the proper installation
and connection of all utilities in accordance with instructions from
park management.
(3)
Pets, if permitted in the park, shall be prevented from running at
large or committing a nuisance within the limits of any mobile home
lot.
(4)
Porches, awnings, and other additions shall be installed subject
to the uniform standards established by park management. When installed,
they shall be maintained in good repair.
A.
Hardship. Where the Common Council finds that compliance with licensing
provisions of this chapter would result in undue hardship, an exemption
may be granted at the discretion of the Council, without impairing
the intent and purpose of this chapter.
(1)
Exemptions from any licensing requirement involving design or construction standards shall not be granted without first acquiring a variance from the standard found in Chapter 21, Zoning, of the City Code.
(2)
Deviations from design, construction and installation provisions shall be brought into compliance with this chapter and requirements of Chapter 21, Zoning, within a reasonable period of time based on economic feasibility of the required improvement, nature, significance, and extent of deviation, depreciation of material improvement, layout in use or other similar factors.
B.
The time period granted for such an exemption shall begin after the
Common Council has given notice of the exemption from this chapter
to the person to whom the license or certification was issued.
C.
Gradual improvement to a higher degree of conformity may be permitted
at the discretion of the Common Council, provided that there shall
be complete conformity at the end of a period prescribed by the Common
Council.
In any case where a standard is specified in this chapter which
is not in agreement with a corresponding standard in another code
or ordinance of the City of Gillett, or in a statute of the State
of Wisconsin, the more restrictive standard shall apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
