[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds as Ch. 25 of the 2001 Village Code. Amendments noted where
applicable.]
As used herein, the following terms shall have the following
meanings ascribed to them:
See definition of "mobile home."
The Board of Trustees has the authority to issue respective
permits.
Any person licensed to operate and maintain a mobile home
park under the provisions of this chapter.
For the purposes of these ordinances, a mobile home has the
definition set forth in Wis. Stats. § 66.0435(d). Unless
otherwise specified, use of the term "mobile home" refers to "nondependent
mobile homes." A "nondependent mobile home" means a mobile home equipped
with complete bath and toilet facilities, all furniture, cooking,
heating, appliances and complete year-round facilities. (Some nondependent
mobile homes also meet the standards for manufactured homes.) A "dependent
mobile home," which is sometimes referred to as a house trailer, is
a mobile home without complete bathroom facilities and is not intended
for permanent use in a mobile home park.[1]
A plot of ground within a mobile home park designed for the
accommodation or placement of one mobile home and the exclusive use
of its occupants.
The person in whose name the mobile home is titled by the
State Department of Transportation.
Any site, plot, parcel or tract of land used or intended
to be used for the purpose of providing a location or accommodations
for two or more mobile homes and shall include all buildings used
or intended to be used as part of the equipment thereof, whether or
not a charge is made for the use of the mobile home park or its facilities.
The term "mobile home park" shall not include automobile or mobile
home sales lots on which unoccupied mobile homes are parked for the
sole purpose of inspection for the purposes of sale.
Any person to whom a special permit is issued to construct,
alter or expand a mobile home park under the provisions of this chapter.
An individual, partnership, firm, corporation, association,
trust, affiliation or any other type of business association or combination,
whether owner, lessee, licensee or their agent, heir or assign.
The abbreviation "R-4" references R-4 Residential District-Mobile
Home Parks as set forth in Chapter 285, Zoning.
Any mobile home dwelling unit.
A.
It is the intent of this chapter that mobile homes be parked or used
only within mobile home park residential zoning districts as herein
provided. It shall be unlawful for any person to park or use any mobile
home on any street, alley, highway or road or other public place,
or on any parcel of land or other space within the Village outside
a licensed mobile home park as herein specified.
B.
It shall be unlawful for any person to place, establish, operate
or maintain a mobile home on property except that zoned for mobile
home park residence districts.
C.
Subject to the terms, conditions and limitations set forth herein,
it shall be unlawful for any person to establish, operate or maintain,
or permit to be established, operated or maintained upon any property
within the Village, a mobile home park which is not in compliance
with this chapter.
The R-4 Residential District provides for single-family residential
development served by municipal sewer and water.
A.
Permitted uses: mobile home parks.
B.
Conditional uses: none.
C.
Mobile home park requirements.
(1)
Master plan. At the time of application for rezoning to the R-4 District
and application for a mobile home park license under this chapter,
the applicant shall submit a preliminary master plan to the Village
Plan Commission containing the following:
(a)
The names and addresses of all owners and developers of the
proposed mobile home park.
(b)
The legal description and size, in acres, of the proposed mobile
home park.
(c)
The location and approximate sizes of all mobile home sites,
storage areas, recreation areas and facilities and proposed roadway
and their width, sidewalks and permanent buildings.
(d)
Existing landscaping features and proposed landscaping concepts.
(e)
The location and size of all public roadways abutting the mobile
home park and all street and sidewalk accesses from such streets and
sidewalks to the mobile home park.
(f)
A drawing of a typical mobile home site showing the placement
of the home, parking area, garage, setbacks, lighting and a typical
landscaping plan.
(g)
Other information as required by the Village Plan Commission,
Village Board, Building Inspector, Village Engineer or Director of
Public Works.
(2)
Mobile home park area requirements. Each mobile home park shall comply
with the following standards:
(a)
A mobile home park shall have a minimum of 10 acres in area.
(b)
The minimum setback for a mobile home park building, structure
or unit shall be 40 feet from the right-of-way line of a street or
highway which abuts the development.
(c)
Except for the public utility structures, no structure or pavement
of any type shall be placed closer than 15 feet from the exterior
property line.
(3)
Mobile home site requirements. Each mobile home site shall have:
(a)
A minimum of 6,600 square feet of land area for a single mobile
home for the exclusive use of the residents of the mobile home located
on the site with the average width of 60 feet and a minimum depth
of 110 feet.
(b)
A minimum of 6,600 square feet of land area for a double-wide
mobile home for the exclusive use of the residents of the mobile home
located on the site with an average width of 60 feet and a minimum
depth of 110 feet.
(c)
A minimum frontage for cul-de-sac sites shall be 20 feet measured
along the pavement edge.
(d)
Mobile home sites with their long axis parallel to the roadway
("parallel lots") shall be a minimum of 110 feet wide and 60 feet
deep for a single unit, and 110 feet wide and 60 feet deep for a double-wide
unit.
(e)
Each space shall be numbered.
(4)
Yard requirements. All mobile homes shall comply with the following
yard requirements:
(a)
No mobile home shall be parked closer than 20 feet to the front
site line nor 10 feet to the rear site line. Cul-de-sac lots shall
provide a minimum fifteen-foot setback from the roadway edge.
(b)
There shall be an open space of at least 20 feet between adjacent
mobile homes and 20 feet between adjacent mobile homes on the rear
site lines.
(5)
Parking. The following are minimum parking requirements for mobile
home parks:
(a)
Each mobile home site shall have hard-surfaced off-street parking
space for two automobiles. The parking spaces shall have a minimum
of 360 square feet in area.
(b)
Access drives off roads to all parking spaces and mobile home
spaces shall be hard-surfaced in bituminous concrete or portland cement
concrete designed to accommodate normal traffic.
(6)
Utilities. The following minimum requirements for utilities shall
be maintained:
(a)
There shall be no permanent obstructions impeding the inspection
of plumbing, electrical facilities, utilities or other related equipment.
(b)
Garbage, waste and trash disposal and recycling plans must conform
to all state and local health, pollution and waste disposal control
regulations.
(c)
The owner of a mobile home park shall pay all required sewer
and utility fees or assessments to the Village Clerk/Treasurer or
appropriate utility.
(d)
Each mobile home in the mobile home park must be individually
metered for water service, subject to the following:
[1]
The water mains and laterals shall be installed in accordance
with the Village specifications and located in accordance with the
specifications acceptable to the Village Director of Public Works
and Village Engineer and approved by the Village Plumbing Inspector.
Such mains and laterals to the curb box, together with twenty-foot
wide easements with mains centered thereon and fifteen-foot easements
with laterals centered thereon shall be conveyed to the Village by
a document approved by the Village. The mains shall become part of
the Village's utility distribution system.
(e)
Each mobile home site shall be provided with a sewer receptacle
at least four inches in diameter which shall be connected to receive
the waste from the shower, bath tub, flush toilet, lavatory and kitchen
sink of the mobile home harbored on such site having any and all of
such facilities. The sewer in each site shall be connected to discharge
the mobile home waste into the public sewer system in compliance with
applicable ordinances. Each unit shall be subject to a sewer service
charge according to the license agreement with the Village Board.
Sewer mains within the park together with twenty-foot-wide easements
shall be dedicated to the Village and become part of the Village's
distribution system. If sewer and water mains are laid in the same
easement, a total width of 30 feet shall be dedicated to the Village.
(f)
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all buildings and mobile home sites
within the park, to meet the requirements of the park.
(g)
All television antenna systems, electric and telephone distribution
lines and oil or gas piping serving the park or spaces therein shall
be installed underground. Distribution systems shall be new and all
parts and installation shall comply with all applicable federal, state
and local codes.
(7)
Internal streets. All internal streets shall meet the following minimum
requirements:
(a)
Streets shall be hard-surfaced with bituminous concrete or portland
cement concrete to accommodate the structural requirements in the
Village streets as approved by the Plan Commission.
(b)
All streets shall be developed with a street surface of not
less than 24 feet wide. On-street parking on one side may be allowed
(except at park entrance) if the street width is at least 28 feet
wide. Streets shall be at least 32 feet wide if on-street parking
is permitted on both sides.
(c)
Streets shall be designed to provide suitable drainage without
on-street ponding of stormwater. The Village Engineer may require
curb, gutter and/or storm sewers based on the natural characteristics
of the site and the public health, safety and welfare.
(8)
Sidewalks. A thirty-six-inch-wide portland cement concrete sidewalk
shall be built by the owner or operator providing access from roadways
to all recreational areas, common-use buildings and common storage
areas.
(9)
Lighting. Artificial lights shall be maintained during all hours
of darkness in all buildings provided for common facilities for occupant's
use. The mobile home park, streets and pedestrian areas shall be lighted
from sunset to sunrise. Entrance roads intersecting with adjacent
public streets shall be lighted by either public streetlights or private
entrance lights or a combination of both as required by the Plan Commission.
(10)
Recreational areas. All mobile home parks shall have one or
more recreational areas which shall be easily accessible to all park
residents. Recreational areas shall be so located as to be free of
traffic hazards and shall, where the topography permits, be centrally
located. The size of such recreational areas shall be based on a ratio
of providing a minimum of 1 1/2 acres of recreational area for
each 100 mobile home sites. The location and size of individual recreation
areas shall be approved by the Village Board or Building Inspector.
At least 1/2 of the recreational area, but not less than 1/2 acre,
shall be concentrated in one site, and the remaining balance may be
distributed throughout the park in several smaller sites but of not
less than 1/4 acre each. All recreational equipment installed in such
area shall be owned, insured and maintained at the expense of the
owner or operator of the mobile home park.
(11)
Landscaping. The following minimum landscaping requirements
shall be maintained in all mobile home parks:
(a)
Each space shall be properly landscaped with at least two trees.
All yards shall be sodded or planted in grass. Trees, grass and landscape
materials shall be approved by the Village Board or Building Inspector
and shall be properly maintained and replaced as needed to conform
to the initially approved landscaping plan.
(b)
All mobile home parks constructed under this chapter shall have
a greenbelt or buffer strip at least 15 feet wide along all boundaries,
except that the greenbelt or buffer strip must be at least 40 feet
wide where the boundary of the park is adjacent to a public highway.
(c)
All areas shall be landscaped and the landscaping shall be shown
on a typical mobile home individual site plan, and also shall be shown
in concept on the overall master plan.
(12)
Mobile home stands required. All mobile homes shall be placed
and leveled on stands consisting of either eight-inch-by-sixteen-inch-by-four-inch
block, or sixteen-inch-by-four-inch-square solid base, minimum, with
a double tier of alternately crossed eight-inch block ascending; no
I-beam or any portion of the mobile home frame shall rest directly
on the concrete block. Oak wood shimming shall be used. If utilized,
tie-downs and stabilizing devices shall conform to the standards in
ANSI A225.1 or NFPA 501. No second or medium grade of concrete block
may be used and all block must be installed with the hollow core in
a vertical position.
(13)
Skirting. All mobile home units shall have skirts around the
entire mobile home made of plastic, fiberglass or other comparable
materials and shall be of a permanent color, or painted to match the
appropriate mobile home so as to enhance the general appearance thereof.
(14)
Accessory storage buildings or garages. Any accessory storage
building or garage in a mobile home park shall comply with other applicable
Village codes. Accessory storage buildings shall be anchored.
(15)
Service buildings:
(a)
Service buildings housing sanitation facilities shall be permanent
structures complying with all applicable ordinances and statutes regulating
buildings, electrical installations and plumbing and sanitation systems.
(b)
The service buildings shall be well lighted at all times of
the day and night, shall be well ventilated with screened openings,
shall be constructed of such moisture-proof materials which may be
painted woodwork, as shall permit repeated cleaning and washing, and
shall be maintained at a temperature of at least 60° Fahrenheit
during the period from October 1 to May 1. The floors of the service
buildings shall be of water-impervious materials. Washing and drying
machines may be installed according to the need of the park.
(c)
All service buildings and the grounds of the park 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.
(16)
Fire protection. Service buildings shall be equipped with fire
extinguishers and the park with water hydrants of such type, size
and number and so located within the park to comply with the Village
of Blue Mounds Water Department rules and applicable Village ordinances,
and all of a standard size and fitness of this department and the
regulations of the Fire 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. All state and local codes regulating
open fires and burning shall be enforced by the park management.
(17)
Register of owners. The manager of a mobile home park shall
keep a registration list of mobile home owners available to the Village
or its agent for inspection at reasonable times.
(18)
Inspection and occupancy permit. All mobile homes shall comply
with state and Village fire, health, building and plumbing regulations.
Before a mobile home unit may be occupied, the mobile home owner or
licensed selling agent must secure the inspection and approval of
the Building Inspector regarding compliance with such regulations
including the provisions of this chapter. An occupancy permit must
be issued by the Building Inspector prior to occupancy of such mobile
home unit. All costs incurred as a result of the inspection, including
the fee for the inspection and all subsequent inspections necessary
to secure an occupancy permit, are the responsibility of and shall
be paid in advance by the previous owners or sellers. Any person occupying
or permitting the occupancy of a mobile home in violation of this
section shall be subject to a forfeiture of not less than $25 nor
more than $500 a day. Each day the violation continues or is permitted
to continue plus applicable assessments, court costs, and fees shall
constitute a separate violation of this chapter.
The Village may accept a declaration of restrictions or restrictive
covenants filed by the applicant petitioning for rezoning concerning
the uses of the proposed parcel to be rezoned establishing lot sizes,
setbacks, roadways, recreational areas, location of mobile homes,
buildings, structures and landscaping and other physical features
as specified in this chapter. Such declaration of restrictions or
restrictive covenants shall run with the land and shall contain the
following requirements:
A.
A subscription clause.
B.
The legal description of the property and master plan.
C.
The names of the persons having an interest in the property who shall
also execute the restrictive covenant or declaration of restrictions.
D.
The names and addresses of all persons holding a security interest
in the property who shall also execute the restrictive covenant or
declaration of restrictions.
E.
The declaration of restrictions or restrictive covenant shall run
with the land and be binding upon the property owners, grantees, successors,
heirs or assigns of the property.
F.
Contain the condition that as long as the property is zoned Mobile Home Park District, that should buildings or the property be used for other than that specified in the declaration of restrictions or restrictive covenant, that any building permit issued by the Village shall be null and void or that the occupancy of such building(s) or use of the property shall be considered to be in violation of Chapter 385, Zoning.
G.
Such declaration of restrictions or restrictive covenant running
with the land shall be recorded in the Register of Deeds Office for
Dane County and shall be considered a restrictive covenant running
with the land or declaration of restrictions running with the land
and shall ensure to the benefit of all abutting and contiguous properties
to that of the subject property, as well as the residents of the Village
of Blue Mounds.
After R-4 zoning has been granted, detailed plans and information
covering that portion of the total project which is intended for construction
shall be submitted for approval by the Village Board prior to the
start of construction of the subject mobile home park. The detailed
plans and information shall conform substantially to the preliminary
plans and to all other conditions required at the time of the zoning
approval. All required detailed plans and information shall be submitted
to the Village Board at least 10 business days prior to the requested
date of approval. The detailed plans and information shall include:
A.
A master plan showing the entire park area including plan elements
as approved by the Plan Commission.
C.
Television antenna systems, electrical and telephone distribution
lines, oil and gas piping, shall be approved by the utility or other
company furnishing the services.
E.
The square footage of each mobile home site shall be depicted on
the site plan. Verification of the mobile home site square footage
shall be the responsibility of the mobile home park owner.
F.
Other plans and information as required by the Village Plan Commission.
A.
In every mobile home park, there shall be located the office of the
person in charge of said mobile home park. In instances where the
mobile home park is owned by the same persons owning other mobile
home parks in the Village, only one office shall be required.
B.
The licensee or permittee, or a duly authorized attendant or caretaker,
shall be in charge at all times to keep the mobile home park, its
facilities and equipment in a clean, orderly and sanitary condition.
C.
It is the duty of the mobile home park owner or operator, together
with the attendants or persons in charge of a mobile home park, to:
(1)
Keep a register of principal occupants of mobile homes to be open
at all times to inspection by federal, state and local officials.
(2)
Maintain the mobile home park in a clean, orderly and sanitary condition
at all times.
(3)
At the time of entry into the mobile home park, obtain a signed application
form, stating year in which mobile home was new, together with size
and make, the current owner's last prior address and current
employer, plus number of and ages of children in the owner's
family.
A.
It shall be unlawful for any person to construct, alter or extend
any mobile home park within the limits of the Village of Blue Mounds
unless he holds a valid permit issued by the Village Board in the
name of such person for the specific construction, alteration or extension
proposed. All applications for permits shall contain the following:
(1)
Name and address of applicant.
(2)
Location and legal description of the proposed alteration, extension
or construction.
(3)
A complete plan of the proposed construction, alteration or extension
in conformity with the requirements of this chapter.
(4)
Plans and specifications of all buildings, improvements and facilities
constructed, altered or extended.
B.
Application for a construction permit shall be accompanied by a deposit
and fee as set by resolution of the Village Board for each mobile
home space to be constructed or altered and the applicable building,
plumbing, electrical or HVAC permit fee for any building improvements
or facilities proposed to be constructed in the park. The fees and
deposit shall be used to cover the cost of the required inspections
by the Village Engineer, Building Inspector and Plumbing Inspector
and administrative and legal costs for review of the application.
Applicant shall be responsible for any additional fees incurred by
the Village in excess of the permit deposit. Applicant shall be entitled
to a refund if actual costs are less than the original permit deposit.[1]
A.
Upon completion and final inspection of any newly constructed, altered
or extended mobile home park and certification by the appropriate Village officials that all requirements
of this chapter have been met, the Village Board shall direct the
Village Clerk/Treasurer to issue a new or amended mobile home park
license, as the case may be.
B.
The fee for a mobile home park license shall be determined by resolution
of the Village Board and posted in the office of the Village Clerk/Treasurer.
C.
The fee for transfer of a license shall be determined by resolution
of the Village Board and posted in the office of the Village Clerk/Treasurer.
D.
Monthly parking fee.
(1)
There is hereby imposed on each owner of a nonexempt, occupied mobile
home in the municipality, a monthly parking permit fee determined
in accordance with Wis. Stats. § 66.0435(3). It shall be
the full and complete responsibility of the mobile home park licensee
to collect the proper amount from each mobile home owner or occupant.
Licensees and owners and occupants of mobile homes permitted to be
located on land outside a mobile home park and owner of lands on which
such homes are parked shall pay to the Village 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 chapter and such reasonable regulations as the Clerk/Treasurer
may promulgate.
(2)
Licensees of mobile home parks and owners of land on which are parked
any occupied, nonexempt mobile homes shall furnish information to
the Village Clerk/Treasurer and Assessor on such homes added to their
park or lands within five days after arrival of such homes on forms
furnished by the Clerk/Treasurer in accordance with Wis. Stats. § 66.0435(3)(c)
and (e).
E.
All applicable sections of the provisions of Wis. Stats. § 66.0435
not heretofore set forth are hereby adopted by reference as if the
same were set forth specifically herein.
A.
Upon application in writing by a licensee for renewal of a license
and upon payment of the annual license fee, and upon review, the Village
Board may issue a certificate renewing such license for another year.[1]
B.
Upon application in writing for transfer of a license and upon payment
of the transfer fee, the Village Board may issue a transfer.
A.
The Village Board may, after a public hearing, revoke or suspend
any license to maintain and operate a mobile home park issued under
this chapter upon complaint filed with the Village Clerk/Treasurer,
signed by any law enforcement officer, health officer, or Building
Inspector. The holder of the license shall be given 10 days’
notice in writing of the hearing and shall be entitled to appear and
be heard as to why such license should not be revoked. Any holder
of a mobile home park license which is revoked or suspended by the
Village Board may, within 20 days of the date of such revocation or
suspension, appeal therefrom to the Circuit Court of Dane County.
B.
After suspension or revocation of a license, the license may be reissued
only if the circumstances leading to revocation have been remedied
and the park is being maintained and operated in full compliance with
this chapter.
The license certificate or special permit shall be conspicuously
posted in the office of or on the premises of the mobile home park
at all times.
Unless otherwise set forth herein, the penalties for violation of any of the provisions of this chapter shall be provided in § 1-3 of the Code of the Village of Blue Mounds.
Wisconsin Statutes, Chapter 66.0435, is incorporated herein
by reference.
