[HISTORY: Adopted by the Town Board of the Town of Buchanan 8-17-2010 by Ord. No. 2010-03. Amendments noted where applicable.]
The purpose of this chapter is to enforce minimum standards
for mobile home communities, mobile homes and manufactured homes to
promote the public health, safety and welfare; establish requirements
for the design, construction, alteration, extension and maintenance
of mobile home communities and related utilities and facilities; authorize
the issuance of permits for construction, alteration and extension
of mobile home communities; authorize the inspection of mobile home
communities; regulate the location of mobile homes and manufactured
homes and fix penalties for violations; assure the provision of fire
and other emergency services; and assure the proper assessment and
taxation of an assessment of fees upon property within the Town.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A manufactured and mobile home community.
A mobile home which does not have complete bathroom facilities.
Any person licensed to operate and maintain a manufactured
and mobile home community under this chapter.
Any plot or plots of ground upon which three or more manufactured
homes or mobile homes, occupied for dwelling or sleeping purposes,
are located, regardless of whether a charge is made for the accommodation.
A structure which has been certified and labeled as a manufactured
home under 42 U.S.C. §§ 5401 to 5426, or which has
been certified and labeled as a manufactured home under §§ 101.91
to 101.96, Wis. Stats., and Ch. COMM 26 of the Wis. Adm. Code; and:
Is designed to be used as a dwelling; and
When placed on-site:
Is off its wheels; and
Is properly connected to utilities; and
Is installed in accordance with the manufacturer's instructions
or a plan certified by a registered architect or engineer so as to
insure proper support for the home; and
Has no tow bars or wheels attached to it.
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No manufactured home which bears a label certifying approval
under 42 U.S.C. §§ 5401 to 5426 or which has been certified
and labeled as a manufactured home under §§ 101.91
to 101.96, Wis. Stats., shall be required to comply with any building,
plumbing, heating or electrical code or any construction standards
other than those promulgated under those laws. In all other respects,
manufactured homes are subject to the same standards as site-built
homes.
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A vehicle manufactured or assembled before June 15, 1976,
designed to be towed as a single unit or in sections on a highway
by a motor vehicle and equipped and used or intended to be used primarily
for human habitation, with walls of rigid uncollapsible construction;
which has an overall length in excess of 45 feet. Includes the mobile
home structure, its plumbing, heating, air conditioning and electrical
systems, and all appliances and all other equipment carrying a manufacturer's
warranty. Within a mobile home community, "mobile home" includes a
structure which has been certified and labeled as a manufactured home
as defined under this chapter.
Any natural individual, firm, trust, partnership, association,
corporation, or limited liability company.
A single manufactured or mobile home.
A.
It shall be unlawful for any person to establish, operate or maintain,
or permit to be established, operated or maintained upon any property
owned, leased or controlled by said person a mobile home community
within the limits of the Town of Buchanan, without having first obtained
a license for each such mobile home community from the Town Board
pursuant to this chapter. Licenses shall be in effect from January
1 or the date of issuance, whichever is later, through December 31
of each year.
B.
The application for each license or the renewal thereof shall be
filed with the Town Administrator and shall be accompanied by an annual
fee set forth in the Town Fees and Licenses Schedule,[1] and the Town shall not collect more than $100 for every 50 spaces, or any fraction thereof, together with a surety bond. This bond shall guarantee the collection by the licensee of the monthly parking permit fee provided for in § 383-14 of this chapter, and the payment of such fees to the Town Treasurer, the payment by the licensee of any fine or forfeiture, including legal costs, imposed upon or levied against said licensee for a violation of this chapter of the said Town, pursuant to which said license is granted, and shall also be for the use and benefit and may be prosecuted and recovery had thereon by any person who may be injured or damaged by reason of the licensee violating the provisions of this chapter.
[Amended 11-10-2016 by Res. No. 2016-05]
[1]
Editor's Note: The Town Fees and Licenses Schedule is on file
in the Administrator's office.
C.
The Town Treasurer, following approval of a transfer of license by
the Town Board of the Town of Buchanan, shall collect from the transferee
a fee as determined by the State of Wisconsin and included in the
Town Fees and Licenses Schedule for the transfer of said license.
D.
In addition, any mobile home community license fee and any mobile
home parking permit fee not paid when due creates a lien in favor
of the Town of Buchanan in the delinquent amount upon the real estate
parcel where such mobile home community or mobile home is situated
at the time when the liability for such fee was incurred, effective
as of the first day of the month or year for which such fee is levied.
The licensing authority shall provide that all such license or permit
fees not paid when due shall be extended upon the tax roll as a delinquent
tax against the parcel where such mobile home community or mobile
home is or was situated at the time when liability for such fee was
incurred, and all proceedings in relation to the collection, return
and sale of property for delinquent real estate taxes shall apply
to such delinquent license or permit fee.
E.
The application of a license or a renewal shall be signed by the
applicant and filed with the Administrator of the Town of Buchanan.
The application shall include the name and address of the owner in
fee of the tract (if the fee is vested in some person other than the
applicant, a duly verified statement by that person that the applicant
is authorized by him/her to construct or maintain the mobile home
community and to apply for the license), also the name and address
of the applicant, and such a legal description of the premises upon
which the mobile home community is to be located or is located, as
will readily identify and definitely locate the premises. The application
shall also contain a time schedule of the development of the mobile
home community from the date of commencement to the date of completion
of the mobile home community plan. The application shall be accompanied
by two copies of the mobile home community plan showing the following,
either existing or as proposed:
[Amended 11-10-2016 by Res. No. 2016-05]
(1)
The size and utilization use for park purposes.
(2)
Roadways and driveways.
(3)
Location of units for mobile homes.
(4)
Location and number of sanitary conveniences, including toilets,
washrooms, laundries and utility rooms to be used by occupants of
units.
(5)
Method and plan of sewage disposal.
(6)
Method and plan of garbage disposal.
(7)
Plan for water supply.
(8)
Plan for lighting of units and rubbish disposal.
F.
The application (renewal or new) shall also be accompanied by evidence,
in writing, that the mobile home community has obtained all licenses
required, pursuant to Wisconsin Statutes, to be obtained from the
State of Wisconsin for the purpose of operating a mobile home community.
No license shall be issued by the Town Board until such time as all
appropriate licensing of the State of Wisconsin has been obtained
by the applicant.
A.
No mobile home community license shall be issued until the Town Administrator
notifies the Town Board and the officials of the Town Board have inspected
each application and the premises on which mobile homes will be located
to insure compliance with the regulations, ordinances and laws applicable
thereto. No license shall be renewed without a reinspection of the
premises. For the purpose of making inspections and securing enforcement,
such officials or their authorized agents shall have the right and
empowerment to enter any premises on which a mobile home is located,
or about to be located, and to inspect the same and all accommodations
connected therewith at any reasonable time.
[Amended 11-10-2016 by Res. No. 2016-05]
B.
The purpose of this section is to promote the health, safety, morals
and general welfare of the citizens of the Town of Buchanan and require
full compliance with this chapter in all respects as it now exists
or is hereafter amended.
C.
It shall be the responsibility of the Town Board or the Building
Inspector for the Town of Buchanan to examine on a regular basis,
and specifically at the time of licensing, all mobile home communities
for the purpose of determining whether the said community is in compliance
with the regulations of this chapter. In the event that a use that
is not in conformity with this chapter is found to be existing, the
holder of the mobile home community license shall be notified, in
writing, by the Town of Buchanan or by a specified official of the
Town of Buchanan that the said mobile home community does not comply
with the regulations of this chapter. The person making the application
shall see that the mobile home community complies in all respects
before a license shall be issued.
D.
In the event a property shall be exempt because of a conditional,
existing or nonconforming use, and the owner or person making the
application objects to compliance on said basis, then the application
shall be made to the Town Board for extension of the use so long as
permitted by this chapter but not in excess of three years from the
date of passage of this chapter. In the event any use of a mobile
home community which is not in conformity with the regulations is
discontinued during the license year, and the mobile home community
owner or licensee already has notice of the violation, or is aware
that the violation does not meet or comply with the regulations of
this chapter, then the said right to continue the nonconforming use
is hereby extinguished, and no mobile home community owner shall continue
any use for which notice has been given and the use has been discontinued
following such notice. Any nonconforming use not extinguished or discontinued
during the regular course of business, as provided above, will be
required to be brought into conformity with all of the rules and regulations
of this chapter immediately and prior to issuance of a license. This
rule shall apply unless extension is given by the Town Board for a
period up to three years from the date of passage of this chapter
during which time use may continue. The use as required to be terminated
by this chapter and by the Town of Buchanan shall in any event cease
after three years from the date of passage of this chapter whether
or not notice has been given by the Town of Buchanan. Any existing
uses or nonconforming uses presently existing, which practices are
not discontinued at the end of the three-year period, shall be subject
to a penalty for violation of this chapter at the end of the three-year
period should use extend beyond the three-year period. In no event,
can the Town Board extend permission to continue a use beyond the
three years in violation of this chapter.
[Amended 11-10-2016 by Res. No. 2016-05]
Accompanying and to be filed with an original application for
a mobile home community shall be plans and specifications which shall
be in compliance with all county and Town ordinances and provisions
of the State Board of Health. The Administrator of the Town of Buchanan,
after approval of the application by the Town Board and upon completion
of the work according to the plans, shall issue the license.
A.
Every mobile home and every mobile home community shall be located
in a well-drained area, and the premises shall be properly graded
so as to prevent the accumulation of stormwater or other waters.
B.
No dependent mobile home units shall be permitted in any community.
C.
Spaces shall be clearly defined and shall consist of a minimum of
10,000 square feet and no less than 90 feet in width, with no more
than four spaces to an acre of land. The mobile home community shall
be so arranged that all spaces shall face or abut on a driveway of
not less than 20 feet in width, giving easy access from all units
to a public street. No mobile home shall be located closer than 25
feet from any building within the community or from any property line
bounding the community. No mobile home shall be located closer than
20 feet to any other mobile home.
D.
Streets. Streets shall meet the following requirements:
(1)
Streets and driveways shall be blacktopped or paved and maintained
in good condition, having natural drainage, and shall be free of obstructions.
(2)
All entrance streets and other collector streets shall be a minimum
width of 36 feet.
(3)
All other streets shall be a minimum width of 28 feet.
(4)
Street widths may be reduced by two feet if sidewalks are provided.
(5)
All streets shall have curbs and gutters on each side.
(6)
All communities shall be furnished with streetlights so spaced and
equipped as will provide maintained levels of illumination for the
safe movement of pedestrians and vehicles at night. All wiring shall
be underground.
E.
Provisions shall be made in the plan for off-street parking where
roadway parking is not provided and shall be on the ratio of no less
than two vehicle spaces for each mobile home lot. There shall be additional
off-street parking provided for storage, service vehicles, guest parking,
etc., in convenient locations.
F.
Each mobile home community plan shall provide for a recreational
area for the benefit of community residents of not less than 10% of
the gross community area. Such recreation area shall be considered
to be part of the mobile home community service area and shall be
fully landscaped and maintained.
G.
Each mobile home space shall be provided with a minimum of 100 amp
service. All wiring shall be underground. Branch services shall be
installed underground and shall terminate in weatherproof receptacles
located adjacent to the water and sewer outlets provided for each
mobile home space.
H.
Telephone service distribution lines shall be underground.
I.
No mobile home unit shall be parked in a mobile home community outside
of a designated space.
J.
No mobile home unit that is less than 12 feet wide and 50 feet long
shall be parked in any mobile home community.
A.
Accessory structures such as storage sheds, garages, and decks shall be allowed in the mobile home community and on the individual lots. All setbacks for accessory structures shall be in compliance with the RSF Single-Family Zoning District of Chapter 525, Zoning, of the Code of the Town of Buchanan.
B.
No accessory structure will be permitted on any lot without the placement
of a mobile home unit on that lot.
For the protection and promotion of the public health, morals
and welfare of the Town of Buchanan and to provide for intelligent
planning for the Town of Buchanan, there is hereby imposed a limitation
of not less than 20 acres for each mobile home community located in
the Town of Buchanan. Mobile home communities shall only be located
in the AGD General Agriculture District.[1]
B.
An adequate supply of pure water, furnished through a pipe distribution
connected directly with the public water main shall be furnished for
drinking and domestic purposes in all mobile home communities.
C.
An adequate supply of hot water shall be provided at all times in
the service buildings for all washing, cleansing, and laundry facilities.
D.
No common drinking vessels shall be permitted.
A.
Every mobile home community shall have erected thereon suitable buildings
for laundry facilities as required by this chapter. Such buildings,
to be known as "service buildings," shall be located not closer than
15 feet from any unit space. Such buildings shall be of permanent
construction and adequately lighted, screened and ventilated.
B.
Laundry facilities shall be provided at the ratio of one double tray
unit and one conventional type washing machine, or one automatic washing
machine, with electric outlet, for each eight units. Sufficient drying
facilities shall be available.
C.
All service buildings shall be maintained in a clean, sightly condition
and kept free of any condition that will menace the health of any
occupant or the public or constitute a nuisance.
A.
Every unit shall be provided with a substantial flytight, watertight
garbage depository from which contents shall be removed and disposed
of in a sanitary manner by the mobile home community custodian at
least weekly. Such depository shall be located not more than 150 feet
from any mobile home space.
A.
It shall be unlawful for any person to occupy any mobile home within
the Town of Buchanan for occupancy unless such mobile home is located
in a mobile home community licensed under this chapter.
B.
The Town Board may, in its discretion, and by a uniform rule, limit
the number of occupants in any mobile home occupying a space in a
licensed mobile home community for reasons of health and public welfare.
A.
In every mobile home community there shall be an on-site manager
in residence of the mobile home community for the assistance, safety
and well being of the community residents. The on-site manager shall
be available to the community residents on a daily basis with reasonable
hours. If for some reason the on-site manager cannot be available
on a daily basis, she/he shall ensure a fill in be available for the
community residents. A copy of the community license and this chapter
shall be posted, and the community register shall be kept in the on-site
manager's office or residence at all times.
B.
It is hereby made the duty of the attendant or person in charge,
together with the licensee, to:
(1)
Keep a register of all mobile home occupants and guests, to be open
at all times to inspect by state and federal officers and by Town
officials, which shall show:
(a)
Name and address of each occupant, owner, and guest.
(b)
State of legal residence.
(c)
Dates of entrance and departure.
(d)
License number of all mobile homes, including make, model, and
year.
(e)
State issuing such license.
(f)
Purpose of stay in community.
(g)
Place of last location and length of stay.
(2)
Provide, attach, and maintain numerals on each mobile home space
in the mobile home community for the purpose of identifying said mobile
home for tax purposes and for such other purposes as the Town of Buchanan
may require.
(3)
Maintain the community in a clean, orderly and sanitary condition
at all times.
(4)
Insure that the provisions of this chapter are complied with and
enforced and reported promptly to the proper authorities any violations
of law which may come to the attendant's attention.
(5)
Report to the Health Officer all cases of persons or animals affected
or suspected of being affected with any communicable disease.
(6)
Maintain in convenient places, approved by the Town Fire Department,
hand fire extinguishers in the ratio of one to each eight units.
(7)
Collect the monthly parking permit fee as provided in § 383-14 of this chapter. A book of accounts shall be kept current showing the names of the persons paying said service charges and the amount paid, which monies are the property of the Town of Buchanan.
(8)
Prohibit
the lighting of open fires on the premises.
A.
There is hereby imposed on each owner of a nonexempt occupied mobile
home in the Town of Buchanan a monthly parking permit fee determined
in accordance with § 66.0435(3)(c)1.d., Wis. Stats., which
is hereby adopted by reference and made a part of this chapter as
if fully set forth herein, except as amended by this chapter. It shall
be the full and complete responsibility of the licensee to collect
the proper amount from each mobile home owner. Said fee shall be paid
to the Town Treasurer on or before the 10th day of the month following
the month for which such fees are due in accordance with the terms
of this chapter and such regulations as the Town Treasurer shall reasonably
promulgate.
B.
Licensees of mobile home communities and owners of land on which
are parked any occupied nonexempt mobile homes shall furnish information
to the Town Administrator and Town Assessor on such homes added to
their community or land, within five days after arrival of such homes,
on forms furnished by the Town Administrator in accordance with § 66.0435(3)(c)1.d.,
Wis. Stats.
[Amended 11-10-2016 by Res. No. 2016-05]
All plumbing, electrical, building and other work done on or
at any community licensed under this chapter shall be in accordance
with the ordinances of the Town of Buchanan, and the requirements
of the state plumbing, electrical and building codes[1] and the regulations of the State Board of Health. Licenses
and permits granted under this chapter grant no right to erect or
repair any structure, to do any plumbing work or to do any electrical
work.
The Town Board is hereby authorized to revoke or suspend any
license or permit issued pursuant to the terms of this chapter.
Any person, partnership, corporation, or other legal entity
that fails to comply with the provisions of this chapter shall, upon
conviction, pay a forfeiture of not less than $100 nor more than $1,000,
plus the applicable surcharges, assessments, and costs for each violation.
Each day a violation exists or continues constitutes a separate offense
under this chapter. In addition, the Town Board may seek injunctive
relief from a court of record to enjoin further violations.
