[HISTORY: Adopted by the Common Council of the City of Rice Lake 3-29-2005
by Ord. No. 05-04.[1] Amendments noted where applicable.]
It is the intent and purpose of this article to regulate the placing
of mobile homes of all types and varieties as defined by this article in order
to provide adequate standards to protect the public health, safety, morals,
convenience and general welfare.
The following definitions shall be deemed applicable in the execution
of this article:
Any area or space designated for joint use of residents in a mobile
home planned community.
A mobile home which does not have complete bathroom facilities.
A structure, transportable in one or more sections, which is eight
body feet or more in width and is 32 body feet or more in length and which
is built on a permanent chassis, prior to June 15, 1976, or a manufactured
home, built on or after June 15, 1976, which does not meet the criteria set in § 88-10 of this Code, and which is designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A mobile home includes any additions, attachments, annexes, foundations or any part that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity.
Any plot or plots of ground owned by a person, corporation, or state
or local government upon which two or more units occupied for dwelling or
sleeping purposes, regardless of mobile home ownership, are located and whether
or not a charge is made for such accommodation.
The person legally responsible for the operation of the park.
That part of an individual lot which has been reserved for the placement
of one mobile home unit.
An individual, partnership, firm, company or corporation, whether
tenant, owner, lessee, licensee or their agent, heir or assigns.
Any vehicle or structure designed or used for temporary, seasonal
human living quarters which meets all of the following qualifications:
It is not used as the permanent residence of the owner or occupant.
It is used for temporary living quarters by the owner or occupant while
engaged in recreation or vacation activities.
It is towed or self-propelled on public streets or highways incidental
to such recreation or vacation activities.
A plot of ground within a mobile home park designed for placement
of one mobile home.
A drawing or blueprint displaying all the needed information required
to obtain a building permit.
The placement of any fished material of wood or wood products or
steel, tin or other material around the bottom of the mobile home to present
a finished appearance to the mobile home and to prevent the storage and collection
of trash and unsightly material from under the structure.
The paved portion of a roadway between curbs or, if not paved, the
surfaced area separating sites.
Any device(s) that shall be used to anchor a mobile home to the ground,
including any combination of cables, metal straps, concrete deadman eyelet,
screw augers, arrowhead anchors, turn buckles or such similar device that
is nominally capable of withstanding a wind-resistance load for a short period
under extreme wind conditions.
No mobile home, as defined in this article, shall be occupied or used
for living or sleeping purposes unless it is located in an area that has been
granted an appropriate permit by the Community Development Department in accordance
with the procedures set forth in this article. Temporary mobile homes or recreational
vehicles used on construction projects or in conjunction with carnivals and
circuses may be permitted when approved by the Community Development Department.
No conditional use permit shall be granted by the Plan Commission unless
the following conditions are satisfied:
A.
The establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
B.
The conditional use will not be injurious to the use
and enjoyment of other property in the immediate vicinity for the purposes
already permitted nor substantially diminish and impair property values within
the neighborhood.
C.
The establishment of the conditional use will not impede
the normal and orderly development and improvement of the surrounding property
for uses permitted in the district.
D.
Adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided.
E.
Adequate measures have been or will be taken to provide
ingress or egress so designed as to minimize traffic conditions in the public
streets.
F.
The proposed conditional use is not contrary to the objectives
of the current land use plan for the city.
G.
The conditional use, in all respects, conforms to the
applicable regulations of the district in which it is located.
Mobile home parks may be permitted, by issuance of a conditional use
permit, in the RM District only in accordance with the provisions of this
article.
New mobile home parks, as herein defined, shall require a conditional
use permit issued in accordance with the provisions of this article. Applications
for a conditional use permit shall contain the following information:
A.
Name and address of the applicant. If the owner of the
land is other than the applicant, a duly verified statement by the owner that
the applicant is authorized by him to construct the proposed park and make
the application shall be provided.
B.
Location and legal description of the proposed mobile
home park.
C.
Existing easements and covenants affecting the property.
D.
Land characteristics, such as natural drainage, wetland
areas and wooded areas.
E.
Development characteristics, such as surrounding streets,
existing buildings and available community sewer, water and other utilities.
F.
Complete preliminary engineering plans and specifications
of the proposed park showing, at a minimum, the following:
(1)
The area and dimensions of the tract of land.
(2)
The number, location and size of all mobile home sites,
and the location of common and recreational areas.
(3)
The location and width of roadways and walkways.
(4)
The location of the mobile home stands within the mobile
home park, including a detailed sketch of at least one typical mobile home
site and stand therein.
(5)
Plans and specifications of all utilities, including
sewage collection and disposal, stormwater drainage, water distribution and
supply, solid waste storage and collection, lighting, electrical, and telecommunications
systems.
(6)
The number, location and size of all individual and common
parking areas.
(7)
Landscaping plans for the entire park, including a planting
plan for the buffer strip.
(8)
Plans and specifications of all buildings, as defined in the Zoning Code § 260-7, to be located within the park.
(9)
Written statement describing proposed park operations,
management and maintenance, including proposed fees and charges and rules
to be established by the operator for conduct of persons within the park.
(10)
Such other plans and specifications and information as
may reasonably be required by the Plan Commission.
The Plan Commission shall review the conditional use permit application to determine its conformity with recognized principles of design, land use planning and landscape architecture and its applicability to Rice Lake zoning ordinances. A public hearing concerning the proposed site plan for a conditional use permit shall occur as required by Article VI of the Zoning Code, Chapter 260.
A.
Minimum park size. The minimum size of a mobile home
park shall be 10 acres.
B.
Density. The maximum density for mobile home parks shall
be eight mobile home units or lots per gross acre.
C.
Minimum lot size.
D.
Mobile home stand. A mobile home stand with minimum dimensions
of 17 feet by 70 feet intended for the actual placement of the mobile home
shall be provided on each mobile home site. The stand shall be hard surfaced
with asphalt concrete or similar material and provide adequate drainage and
support against settling and frost heave. The mobile home stand shall be provided
with anchors and tie-downs as required by state law. The site of each stand
shall not be exposed to objectionable smoke, noise, odors, flooding, erosion
or other adverse influences.
E.
Required separation between mobile homes. Mobile homes
shall be separated from each other and from other buildings and structures
by at least 20 feet. An accessory structure, such as an awning, garage, cabana,
storage cabinet, carport, windbreak or porch attached to the mobile home,
shall, for purposes of the separation requirements, be considered a part of
the mobile home. The basic unit shall not occupy in excess of 1/4 of the area
of the site, and the complete unit, including all accessory structures, shall
not occupy more than 1/2 of the area of the site.
F.
Setback and buffer strips. Each mobile home shall be
located at least 10 feet from any mobile home site boundary. There shall be
a minimum setback of the mobile home of 25 feet from the front or main street
side of the site and of at least 10 feet from the rear of the site. All mobile
homes shall be located at least 25 feet from any park property boundary line.
G.
Screening. All mobile home parks shall be provided with
a screening of trees or shrubs along the property boundary line separating
the park and such adjacent properties, except where the adjoining property
is also a mobile home park. Within six months after issuance of the appropriate
licenses and permits for the occupation of such mobile home park, the following
plantings shall be established: a permanent planting of trees and shrubs so
arranged and in sufficient numbers as to form a solid wall of plant material.
Such planting shall be a minimum height of two feet at the original time of
planting and shall be grown or maintained at a height of not less than 10
feet, except where line of sight vision is necessary for pedestrian or vehicular
traffic safety.
H.
Drainage and landscaping. The ground surface in all parts
of every mobile home park shall be graded and equipped to drain all surface
water in a safe, efficient manner away from the mobile home stand. All mobile
home sites shall be sodded or seeded, and the park shall be attractively landscaped
in accordance with a plan submitted at the time of initial permit application.
I.
Recreation areas. Each park shall contain a recreation
area. A minimum of 1/2 acre of area for such use shall be provided for each
100 sites. The minimum area in a park shall be 1/2 acre.
J.
Lighting. Adequate lighting for safety and security reasons
shall be provided within the mobile home park.
The following uses are permitted within mobile home parks:
A.
Mobile homes used for single-family residential uses.
B.
One single-family dwelling per park for the owner, operator
or caretaker thereof
C.
Service buildings, such as park offices, laundromats
and recreational buildings, provided that such uses are subordinate to the
residential character of the park and are intended for use primarily by park
residents.
D.
Accessory structures, such as storage sheds, porches
and carports, as approved by the park management. Accessory structures shall
meet the minimum setback requirements prescribed for the basic mobile home
unit.
Mobile home parks and each mobile home therein shall be connected to
public sanitary sewer facilities.
All plumbing shall meet the requirements contained in Wisconsin Administrative
Code Chapter Comm 95.
All solid wastes shall be stored, collected and disposed of in compliance
with Chapter Comm 95 of the Wisconsin Administrative Code.
A.
General requirements. All mobile home stands shall be
provided with safe, convenient access to public streets and roads. Such access
shall be provided by private streets located within the park boundaries.
B.
Park entrances. Entrances to parks shall be designed
to minimize congestion and hazards and allow free movement of traffic on adjacent
streets.
C.
Interior streets.
(1)
Paving requirements for interior streets shall adhere
to locally applicable codes and shall meet the following width standards:
(2)
If dedicated, the right-of-way width shall be at least
66 feet, unless the City Council has specifically approved a lesser width,
but shall in no case be less than 50 feet.
D.
Parking requirements.
(1)
A minimum of two parking spaces shall be provided for
each mobile home, at least one of which will be on the mobile home site.
(2)
The surface of the parking spaces shall meet the same
minimum requirements as for streets.
(3)
A parking space shall be a minimum of 9 feet wide and
18 feet in length.
(4)
Parking of boats, trailers and recreational vehicles
shall be restricted to a storage area. The operator shall provide a well-drained,
dust-free storage area for the use of mobile home occupants. The minimum size
of such area shall be 200 square feet per mobile home site. The storage area
shall be fenced to prevent access from outside the park.
E.
Walkways. Pedestrian paved walkways shall be provided
in the area of the service buildings, along major streets and in other locations
of anticipated heavy foot traffic. Walkways shall be a minimum of four feet
wide. They shall be dust-free. In addition, each mobile home stand shall be
provided with a paved walkway from the stand to the street or parking space.
A.
The person to whom a conditional use permit for a park
is issued shall operate the park in compliance with this article and shall
provide adequate supervision to maintain the park, its facilities and equipment
in good repair and in a clean and sanitary condition.
B.
The park management shall notify park occupants of all
applicable provisions of this article and inform them of their duties and
responsibilities under this article. The appropriate provisions of this section
and park rules adopted by the management shall be posted in an appropriate
place within the premises.
C.
The park management shall supervise the placement of
each mobile home on its mobile home stand, which includes securing its stability
and installing all utilities.
A.
The park occupant shall comply with all applicable requirements
of this article and shall maintain his/her mobile home, its facilities and
equipment in good repair and in a clean and sanitary condition.
B.
The park occupant shall be responsible for proper placement
of his/her mobile home on its mobile home stand and proper installation of
all utility connections in accordance with the instructions of the park management.
C.
Pets, if permitted in the park, shall be prevented from
running at large or committing any nuisance within the limits of the park.
D.
All mobile homes shall be skirted from the mobile home
to the ground with the same material as, or equivalent to, that from which
the mobile home is made, and such skirting shall be maintained.
E.
Porches, awnings and other additions shall be installed
only if permitted and approved by the park management. When installed they
shall be used for storage only if permitted by the park management. If such
storage is permitted, the following conditions shall be satisfied:
F.
The park occupant shall store and dispose of rubbish
and garbage in a clean, sanitary and safe manner.
A.
There is hereby imposed on each owner of a nonexempt,
occupied mobile home in the City of Rice Lake a monthly parking fee as determined
in accordance with W.S.A. s. 66.0435(3), which is hereby adopted by reference
and made part of this article as if fully set forth herein. It shall be the
full and complete responsibility of the licensee to collect the proper amount
from each mobile home owner. Licensees shall pay to the City Clerk-Treasurer
such parking permit fees 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
article.
B.
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 the arrival of such home on forms furnished
by the City Clerk-Treasurer in accordance with W.S.A. s. 66.0435(3)(c) and
(e).
C.
It shall be unlawful for any person to establish or operate
upon property owned or controlled by him within the City of Rice Lake a mobile
home park without having first secured a license therefor from the City Clerk-Treasurer.
The application for such license shall be accompanied by a fee as set forth
in the fee schedule adopted as part of the annual budget document. The license
shall expire one year from the date of issuance. Such parks shall comply with
Wisconsin Administrative Code Chapter Comm 95, which is hereby adopted by
reference.
D.
Occupants or owners of nonexempt mobile homes parked outside of a mobile home park shall remit such fees directly to the City Clerk-Treasurer as provided in Subsection A. It shall be the full and complete responsibility of the licensee of a mobile home park to collect such fees from each occupied, nonexempt mobile home therein and to remit such fees to the City Clerk-Treasurer as provided in Subsection A.
E.
Owners of nonexempt, occupied mobile homes, upon receipt
of notice from the City Clerk-Treasurer of their liability for the monthly
parking permit fee, shall remit the City Clerk-Treasurer a cash deposit of
$25 to guarantee payment of such fees when due to the city. It shall be the
full and complete responsibility of the licensees of a mobile home park to
collect such cash deposits from each occupied, nonexempt mobile home therein
and remit such deposits to the City Clerk-Treasurer. Upon receipt of a notice
from the owner or licensee that the nonexempt, occupied mobile home has been
or is about to be removed from the city, the City Clerk-Treasurer shall apply
said cash deposit to reduce any monthly parking permit fees for which said
owner is liable and refund the balance, if any, to said owner.
