[Added by Ord. No. 168]
This article is adopted pursuant to the authorization in § 66.0435,
Wis. Stats.
The purpose of this article is to promote the public health,
safety and general welfare of the community; to further the orderly
layout and use of land in the City; to secure safety from fire, panic
and other dangers; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate adequate provision for
transportation, water, sewage, schools, parks, playground and other
public utilities and facilities; to provide the best possible environment
for human habitation in the City; and to encourage the most appropriate
use of land throughout the City.
Whenever used in this article, unless a different meaning clearly
appears from the context, the terms used are defined as follows:
A mobile home which does not have complete bathroom facilities.
Any person licensed to operate and maintain a mobile home
park under this article.
A plot of ground within a mobile home park, designed and
constructed for the accommodation of one nondependent mobile home.
A portable, temporary dwelling to be used for travel, recreation
and vacation, constructed as an integral part of a self-propelled
vehicle.
Any structure, except a "manufactured home," which is, or
was as originally constructed, designed to be transported by any motor
vehicle upon a public highway, transportable in one or more sections,
which is over 400 square feet in area excluding the hitch, built on
a permanent chassis, and 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 in it. In computing square footage, length is multiplied
by width. In this definition, "length" means the distance from the
exterior of the front wall, i.e., the wall nearest to the exterior
of the draw bar and coupling mechanism to the exterior of the rear
wall at the opposite end of the home where the walls enclose living
or other interior space, and that distance includes expandable rooms,
but not bay windows, porches, draw bars, couplings, hitches, wall
and roof extensions or other attachments. In this definition, "width"
means the distance from the exterior of one side wall to the exterior
of the opposite side wall where the walls enclose living or other
interior space, and that distance includes expandable rooms, but not
bay windows, porches, wall and roof extensions, or other attachments.
Any plot or plots of land upon which two or more mobile homes,
occupied for dwelling or sleeping purposes on a temporary or permanent
basis, are located.
[Amended 4-14-2015 by Ord. No. 233]
Any structure which is or was, as originally constructed
or designed, transportable by any motor vehicle upon a public highway
in more than one section, which is over 1,200 square feet in area
excluding the hitch, which is designed to be used as a dwelling when
connected to utilities, which is certified and labeled as a manufactured
home under 42 U.S.C. §§ 5401 to 5426, which is set
on an enclosed permanent concrete or cement block foundation on real
estate owned by the home owner, and which is installed in accordance
with the manufacturer's instructions.
A mobile home equipped with complete bath and toilet facilities,
and designed and equipped with sleeping, eating and living quarters
for long-term residential occupancy.
Any individual who resides in a mobile home.
Any structure affixed to a lot other than a mobile home.
The person who owns the mobile home park.
Any natural individual, firm, trust, partnership, association
or corporation.
The minimum horizontal distance between a lot line and the
nearest point of a structure or between a lot line and a park boundary
line; distances shall be measured between the two closest points.
The eave or overhang of any structure shall be included in measuring
the setback for such structure.
Any coach, cabin, house, car or other vehicle or structure
intended for or capable of human dwelling or sleeping purposes mounted
upon wheels or supports and capable of being moved by its own power
or transported by any other vehicle which is not a mobile home as
defined herein. The word "trailer" includes, but is not limited to,
units used primarily for camping, touring or recreational purposes.
[Amended 4-14-2015 by Ord. No. 233]
The provisions of §§ 66.0435 and 710.15, Wis.
Stats., and the provisions of Wis. Adm. Code Chs. SPS 326 and ATCP
125, including any future revisions or amendments thereto, describing
and defining regulations with respect to mobile homes and mobile home
parks, are hereby adopted and by reference made a part of this section
as if fully set forth herein. Any act required to be performed or
prohibited by a statute or code incorporated herein by reference is
required or prohibited by this section.
A.
Mobile homes. No mobile home may be placed, parked, stored or occupied
within the City except in compliance with this article and except
in a licensed mobile home park.
B.
Park. No mobile home park may be established, operated, maintained,
enlarged or expanded except in compliance with this article.
C.
Trailers. No trailers may be placed, parked, stored or occupied within
the City except in compliance with this article.
A.
Emergencies. Emergency or temporary stopping or parking of a trailer
or mobile home is permitted on any street, alley or highway for not
longer than one hour, subject to any other and further prohibitions,
regulations or limitations imposed by the traffic or parking ordinances
for that street, alley or highway.
B.
Existing mobile homes. A mobile home placed on land outside of a
mobile home park on the effective date of this section shall be permitted
to remain on said land, subject to the following conditions:
(1)
The mobile home may not be extended, enlarged, reconstructed, moved
or structurally altered or replaced with a different mobile home unless
the Board of Zoning Appeals determines that such action will be an
aesthetic improvement to the mobile home and will be in fundamental
harmony with surrounding uses.
(2)
In the event the existing mobile home is damaged by fire, explosion,
flood or other peril to the extent of more than 50% of its current
value, it shall not be reconstructed or repaired, but shall be demolished
and removed.
C.
Businesses. This section shall not apply to any business engaged
in the sale or service of mobile homes, provided the mobile homes
located at such a business are unoccupied and are only temporarily
placed, and further provided that said business complies with the
zoning requirements of this chapter.
D.
Trailer. The parking of only one trailer in an accessory private
garage or building or in a driveway is permitted, provided no living
quarters shall be maintained in excess of two weeks during the calendar
year, and further provided no business is practiced in said trailer
while it is as parked or stored.
E.
Construction. A mobile home or trailer may be used as a temporary
office by a contractor who lives or sleeps in the mobile home or trailer.
F.
Club parking. Any club or group of persons wishing to park trailers
within the City for a specified period of time shall apply to the
City for a permit which shall be granted at the discretion of the
Common Council.
G.
Manufactured homes. Manufactured homes may be placed upon real estate
outside of mobile home parks, provided they satisfy all other requirements
of this chapter.
A variance from any term of this article may be applied for
and granted pursuant to the rules and procedures set forth in this
chapter, except that the Plan Commission, rather than the Board of
Zoning Appeals, shall hear and decide variances under this article.
See also Chapter 240, Mobile Homes and Mobile Home Parks, of the Code of the City of Markesan pertaining to license fees for mobile home parks and other provisions relating to mobile homes.
