[HISTORY: Adopted by the Common Council of the City of Oconto Falls 4-8-1997
by Ord. No. 97-008 (Ch. 72). Amendments noted where applicable.]
A.
In accordance with the authority granted by §§ 62.23
and 66.0435, Wis. Stats., and for the purposes listed in those sections, the
City of Oconto Falls, Wisconsin, ordains these regulations for the placement
and parking of mobile homes within the City. The provisions of this chapter
shall be held to be 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, and general welfare of the City of Oconto Falls.
B.
This chapter shall not repeal, impair or modify private
covenants or public ordinances, except that it shall apply whenever it imposes
more severe restrictions.
The terms listed below, when used in this chapter, shall be defined as follows. Other terms shall be defined as set forth in Chapter 480, Zoning, of this 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 Oconto Falls allowing a person
to operate and maintain a mobile home park under the provisions of this chapter
and regulations hereunder.
Any person licensed to operate and maintained a mobile home park
under this chapter.
A structure which is, or was as originally constructed, designed
to be transported by any motor vehicle upon a public highway, contains of
a body width exceeding eight feet, six inches and is designed, equipped, 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,
foundations and appurtenances.
That part of an individual lot that has been reserved for the placement
of one mobile home unit. The mobile home stand is generally paved with concrete.
A residential subdivision designed for the placement of one single-family
mobile home on each lot; said lots are owned separately, and said subdivision
shall consist entirely of mobile homes.
Any individual, partnership, firm, company or corporation, whether
tenant, owner, lessee, or licensee, or his or its agent, heir or assign.
Vehicular, portable, temporary living quarters used for travel, recreation
and vacation which may take one of the following forms:[1]
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 restricted on public lands. Except as provided
in this chapter, no person shall park within the City any mobile home or travel
trailer on any street, alley, or highway or other publicly owned land.
(1)
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 the traffic and parking regulations or ordinances
for that street, alley, or highway.
(2)
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 of
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 restricted 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 Oconto Falls except as provided in this chapter. All the permitted uses listed hereunder shall be subject to the restrictions set forth in Chapter 480, Zoning, of this Code applying to conditional use, including those specifying consideration and recommendation by the Planning Commission of the City.
(a)
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 480, Zoning.
(b)
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 480, Zoning.
(c)
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 480, Zoning.
(d)
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 Oconto Falls, 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.
(e)
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.
(2)
The Common Council may issue a special written permit
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
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's Health Officer
prior to issuance of the permit. The Health Officer shall advise the Council
on the issuance of the permit.
(c)
Application for the special permit shall be made to the
City Administrator - Clerk/Treasurer no later than seven working days prior
to the meeting of the Common Council in which the issuance of the permit is
to be considered. All applications for special permit 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 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 mobile home occupancy
shall be disposed of in accordance with the ordinances of the City of Oconto
Falls; 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. 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.
City Administrator - Clerk/Treasurer and Assessor informed.
Licensees of mobile home parks and owners of land on which are parked any
occupied, nonexempt mobile homes shall furnish information to the City Administrator
- Clerk/Treasurer and Assessor on such homes added to their park or land within
five days after arrival of such homes, on forms furnished by the City Administrator
- Clerk/Treasurer in accordance with § 66.0435(3)(c), Wis. Stats.
C.
Collection.
(1)
Cash deposit. Upon receipt of notice from the City Administrator
- Clerk/Treasurer of the liability for the monthly parking permit fee, the
owner of a nonexempt, occupied mobile home shall remit to the City Administrator
- Clerk/Treasurer a cash deposit of $25 to guarantee payment of such fees
when due to the City Administrator - Clerk/Treasurer. The licensee of each
mobile home park shall collect such cash deposit for each occupied, nonexempt
mobile home therein and remit such deposits to the City Administrator - Clerk/Treasurer.
Upon receipt of a notice from the owner or licensee that such nonexempt, occupied
mobile home has been or is about to be removed from the City, the City Administrator
- Clerk/Treasurer shall apply such cash deposit to reduce any monthly parking
permit fees for which the owner is liable and refund the balance, if any,
to the owner.
(2)
Monthly parking permit fees. The licensee of each mobile
home park shall collect the proper monthly parking 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 Administrator
- Clerk/Treasurer such parking permit fees on or before the 10th of the month
following the month for which such fees are due in accordance with the terms
of this section and such regulations as the Administrator - Clerk/Treasurer
shall reasonably promulgate.
D.
Delinquent fees. The collection of delinquent monthly
parking fees shall be as provided in § 66.0435(3)(g), Wis. Stats.
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 therefor from
the Common Council pursuant to this chapter. Such license shall expire at
12:00 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.
(1)
Licenses for the construction and operation of a mobile
home park, travel trailer park, or campground are not transferable.
(2)
Any change in ownership of the property of said operations
requires reapplication for the required license to the Common Council.
(3)
Every person holding a license shall give notice in writing
to the City Administrator - 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.
(4)
Every person holding a license shall give notice in writing
to the City Administrator - Clerk/Treasurer of any change in ownership of
the park prior to the change. Such notice shall contain the name, address,
and phone numbers of the new owner(s) and, if more than one, the percent ownership
interest of each.
D.
Alteration. 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 the required license modification
by the Common Council.
A.
The application for an original license or a renewal thereof
shall be made on forms furnished by the City Administrator - Clerk/Treasurer
and shall include:
(1)
Name, address, 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, phone number and address of the on-site manager.
B.
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 and designation of dependent and independent
mobile home spaces.
(4)
The location of each mobile home stand within each mobile
home lot.
(5)
All property setback lines as well as setbacks for each
mobile home lot.
(6)
The location of all common areas, including the location
and square footage, and dimensions and location of all recreational areas.
(7)
The location and width of all roadways and walkways.
(8)
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.
(9)
The location of all fences.
(10)
The location of all signs.
(11)
Plans and specifications of all utilities, including
sanitary sewage, water distribution, stormwater drainage, electrical, communications,
and community antenna systems.
(12)
Landscape plans for the entire park.
(13)
Method and plan for solid waste removal and recycling
compliance.
(14)
A copy of all park rules and description of method of
enforcement.
(15)
Such other plans and specifications and information has
may be reasonably required by the governing body.
C.
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)
A copy of all revised park rules and enforcement methods.
D.
All applications shall be submitted to the City Administrator
- Clerk/Treasurer for appropriate review a minimum of:
E.
The application for such license or renewal thereof shall be
reviewed by the City Administrator - Clerk/Treasurer for completeness, by
the City Administrator - Clerk/Treasurer, Police Chief, and Health Officer
for compliance with ordinances and by the City Engineer for construction standards
and codes. Upon the completion of the review by municipal officials, the license
application or renewal shall be reviewed by the City Planning Commission for
recommendation to the Common Council. Upon satisfaction of the Common Council
that the operation of the park conforms to municipal ordinances, the Council
shall order the license issued.
F.
No application will be reviewed or approved without payment of
the following fees:
(1)
Initial application. Nonrefundable construction review fee as
set by the Common Council.
(2)
Annual license fee (in addition to the initial application fee).
As set by the Common Council.
(3)
Late application fee. If an application for renewal of a license
is submitted to the City, or postmarked, less than 45 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.[1]
(4)
Proration. Operation in any fiscal year requires a license. License
fees shall not be prorated for a portion of the fiscal year.
(5)
Other fees. The above-noted fee schedule is separate from zoning
compliance permit fees, conditional use fees, and building permit fees that
may be imposed.
A.
The Common Council is hereby authorized and directed
to make such inspection as are necessary to determine satisfactory compliance
with this chapter.
B.
The Common Council and its authorized agents shall have
the 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.
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.
It shall be the duty of park management to give the Common
Council and its authorized agents free access to all areas of the park at
reasonable times for purpose of inspection.
E.
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.
Notices and orders. Whenever the Common Council determines
that there are reasonable grounds to believe that there has been a violation
of municipal ordinances, 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 Administrator - 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 Statutes for the service of process.
B.
Hearings.
(1)
Time limit. 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 Administrator
- 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.
(2)
Stay of notice. The filing of the request for a hearing shall operate as a stay of the notice and the order except in the case of an order issued under Subsection C. 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 then 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.
(3)
Order. Upon the expiration of the time required in such notice or order or 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.
C.
Emergency order. Whenever the Common Council finds that
an emergency exists which requires immediate action to protect the public
health, 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.[1]
A.
Mobile home parks and travel trailer parks shall be designed to the specifications provided for within Chapter 480, Zoning, of this Code, the Wisconsin Administrative Code and Wisconsin Statutes.
B.
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
City Engineer.
(7)
All mobile homes 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 § 335-3B(2) shall be exempt from the tie-down requirement.
A.
Park office. In every mobile home park there shall be
located the office of the on-site manager or agent in charge of such park.
A copy of the park license shall be posted therein. A copy of the current
mobile home ordinance, park rules, and park register shall be kept at all
times within the park office.
B.
Duties of manager and licensee. The manager, agent in
charge and licensee shall together:
(1)
Keep a register of all occupants which shall be open
to inspection by federal, state, and local officials.
(2)
Ensure that the provisions of this chapter are complied
with and enforced.
(3)
Provide adequate supervision of the park at all times.
(4)
Maintain and operate the park in conformance with all
municipal codes and ordinances and park rules.
(5)
Maintain the park in a well-maintained, clean, orderly,
and sanitary condition at all times.
(6)
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 responsibilities under this chapter.
(7)
Supervise the placement of each mobile home on its mobile
home stand, which includes securing its stability and installing all utility
connections.
(8)
Collect the monthly parking fee provided for in § 335-4 of this chapter. An account shall be kept showing the names of persons paying said fee and the amount paid.
(9)
Erect and maintain lot number signs 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.
(1)
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.
(2)
Park occupants shall obey all rules established by park
management.
(3)
The park occupant shall be responsible for the proper
placement of the mobile home on its mobile home stand and the proper installation
and connection of all utilities in accordance with instructions from park
management.
(4)
Pets, if permitted in the park, shall be prevented from
running at large or committing any nuisance within the limits of any mobile
home lot.
(5)
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.
(6)
Fire extinguishers for Class B and C fires shall be kept
at the premises and maintained in working condition.
A.
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 480, Zoning.
(2)
Deviations from design, construction and installation provisions shall be brought into compliance with this chapter and requirements of Chapter 480, 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 Oconto Falls, or in a statute of the State of Wisconsin, the more
restrictive standard shall apply.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-9 of this Code. Each day's failure of compliance with any such provision shall constitute a separate violation.
