The following definitions shall be applicable
in this article:
A street designed primarily for through traffic and leading
directly to an exit or entrance and permitting two-way traffic.
Any person, partnership or corporation licensed to operate
and maintain a mobile home park under the provisions of this article.
A detached single-family dwelling unit with all of the following
characteristics:
Designed and constructed for long-term occupancy
and containing sleeping accommodations, a flush toilet, a tub and
shower bath and kitchen facilities, with plumbing, electrical and
fuel connections provided for attachment to outside systems.
Designed and constructed to be transported after
fabrication on its own wheels, or on flatbed or other trailers or
detachable wheels.
Upon delivery at the site where it is to be
occupied as a dwelling containing major appliances and furniture,
and ready for occupancy except for minor and incidental unpacking
and assembly operations and location on foundational supports and
connection to utilities and the like.
Any plot of ground upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodation.
A plot of ground within a mobile home park designated for
the accommodation of one mobile home.
Any mobile home park in existence and otherwise in full compliance
with all applicable Village ordinances as of the date of the adoption
of this article.
Mobile home park.
Any person to whom a temporary permit is issued to maintain
or operate a mobile home park under the provisions of this article.
Any individual, firm, trust, partnership, voluntary association
or corporation.
It shall be unlawful for any person to maintain or operate a mobile home park within the limits of the Village of Orfordville unless such person shall first obtain a license therefor, except that the maintenance or operation of a mobile home park in existence on the effective date of this article may be continued under the terms set forth in § 320-62. Mobile homes shall only be located in mobile home parks.
A.
Application for initial license. Application for an
initial mobile home park license shall be filed with the Village Clerk-Treasurer.
(1)
The application shall be in writing, signed by the
applicant, and shall include the following:
(a)
The name and address of the applicant.
(b)
The location and legal description of the mobile
home park.
(d)
Plans and specifications of all buildings, improvements
and facilities constructed or to be constructed within the mobile
home park.
(e)
Such further information as may be requested
by the designated official to enable him to determine if the proposed
park will comply with all existing regulations and ordinances of the
Village and any applicable state law.
(2)
The application and all accompanying plans and specifications
shall be filed in triplicate.
(3)
The Clerk-Treasurer shall forward the application
to the Village Board, which shall investigate the applicant and inspect
the application and the proposed plans and specifications. If the
proposed mobile home park will, when constructed or altered in accordance
with such plans and specifications, be in compliance with all provisions
of this article and all other applicable ordinances and statutes,
the Village Board may approve the application and, upon completion
of the park according to the plans, payment of the license fee and
filing of the bond as required elsewhere in this article, may issue
the license.
B.
Application for renewal license. Upon application
in writing by a licensee and upon payment of the annual license fee
and the filing of a bond as required elsewhere in this article, the
Village Board may issue a certificate renewing such license for another
year, provided that all the terms and conditions of this article and
the terms and conditions of the initial license have been and are
being fully complied with.
C.
Application for transfer of license. Upon application
in writing for transfer of a license and payment of the transfer fee,
and the filing of a bond as required elsewhere in this article, the
Village Board may issue a transfer, provided that all the terms and
conditions of this article and the terms and conditions of the initial
license have been and are being fully complied with.
Mobile home parks may be located in the Multiple-Family
Residence District (R-3).
A.
Prior to occupancy, the mobile home park shall conform
to the following requirements:
(1)
The park shall be located on a well-drained site,
properly graded to ensure rapid drainage and free from stagnant pools
of water.
(2)
Each park shall provide mobile home spaces, and each
such space shall be clearly defined or delineated. Each space shall
have an area of not less than 5,000 square feet, exclusive of roadways;
provided, however, that mobile home parks which, at the time of the
adoption of this article, existed lawfully with mobile home spaces
that do not comply with any of the foregoing minimum area and width
or minimum average width requirements may continue to operate and
shall be excused from such compliance.
(3)
Each park shall be approved by the Village Board after
public notice and hearing.
(4)
The right-of-way for collector streets is to be 70
feet in width with the traveled portion of the roadway to be 36 feet
in width, the same to be provided with a curb and gutter construction
or, at the option of the owner, open drain ditch for disposal of surface
water and built to Village specifications. Said right-of-way beyond
the travel portion of the roadway can be used for off-street parking.
Noncollector streets may be of less size, but the street plan for
noncollector streets must be approved by the Village Board before
the license is issued. The Village Board shall issue, prior to construction,
a street plan approval certificate, upon which the owner can rely
that the street system, if constructed in conformity with the plans
as filed, shall be deemed in compliance with the terms of this article.
(5)
All driveways and walkways within the park shall be
hard surfaced and lighted at night with uniform, low-level, ornamental-type
lighting for each lot.
(6)
Mobile homes shall be so located on each space that
there shall be at least a twenty-foot clearance between mobile homes;
provided, however, that with respect to mobile homes parked end to
end, clearance may not be less than 20 feet. No mobile home shall
be located closer than 10 feet to any building within the park or
closer than 25 feet to any property line of the park which does not
abut upon a public street or highway. No mobile home shall be located
closer than 25 feet to any property line of the park abutting upon
a public street or highway. In addition, the mobile home shall be
located on the mobile home space in such a way as to comply with the
setback and side yard requirements with respect to conventional buildings
in the district in which the mobile home park is located, if said
requirements are more restrictive.
(7)
Fencing and hedges, excepting boundary screening fencing and hedges referred to in § 320-53, are limited in mobile home spaces to three feet in height, and the design and material used for fencing must be acceptable to the Zoning Administrator.
(8)
Each mobile home space shall be provided with two
paved off-street parking spaces, and no overnight on-street parking
shall be permitted.
A.
Utilities.
(1)
Water supply. An adequate supply of pure water for
drinking and domestic purposes shall be supplied to all service buildings
and to all mobile home spaces within the park to meet the occupancy
requirements of the park. Each mobile home space shall be provided
with a cold water tap at least four inches above the ground.
(2)
Electrical service. An electrical outlet supplying
at least 100-115/220-250 volts, 100 amperes, shall be provided for
each mobile home space.
(3)
Central fuel supply. All mobile homes shall operate
from a central fuel supply for the fuel needs of the mobile home.
B.
Service buildings.
(1)
Maintenance. A service building or buildings shall
be provided and maintained for the purpose of providing washing and
drying facilities, laundry facilities, and public toilet facilities,
and said building or buildings shall be a permanent structure(s) complying
with all applicable ordinances and statutes regulating buildings,
the electrical installation therein and the plumbing and sanitary
systems therein.
(2)
Lighting. 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 material, which
may be painted woodwork, as shall permit repeated cleaning and washing
and shall be maintained at a temperature of at least 65º F. during
the period from October 1 to May 1. The floors of the service buildings
shall be of water-impervious material.
(3)
Cleanliness. All service buildings and the grounds
of the park shall be maintained in a clean, sightly condition and
kept free of any condition which will menace the health of any occupant
or the public or constitute a nuisance.
C.
Sewage and refuse disposal.
(1)
Sewer requirement. Waste from showers, bathtubs, flush
toilets, urinals and lavatories in service and other buildings within
the park shall be discharged into a public sewer system in compliance
with applicable ordinances.
(2)
Standards. Each mobile home space shall be provided
with a sewer at least four inches in diameter, which shall be connected
to receive the waste from the showers, bathtub, flush toilet, lavatory
and kitchen sink of the mobile home harbored in such space and having
any or all of such facilities. The sewer in each space shall be connected
to discharge the mobile home waste into a public sewer system in compliance
with applicable ordinances, or into a privately owned and operated
sewage treatment plant and disposal system, provided that said privately
owned system is approved by the administrative agency having charge
of approval of such systems of the State of Wisconsin, and provided
the system is approved by the Village Board in accordance with minimum
standards on file with the Village Board.
D.
Personal storage. Waste, debris, and garbage shall
be deposited in metal cans or other suitable containers with tight-fitting
covers, with a sufficient supply of said containers for adequate disposal
of all waste. Each space shall have a shed or storage cabinet located
within the space, fully enclosed, providing a square foot ground level
area of not less than 50 square feet and not to exceed eight feet
in height. The storage shed or cabinet shall be of a common design
with other like storage sheds or cabinets provided in the park, and
the general design shall be compatible with remaining buildings in
the park. All equipment and cans used for storage or collection of
garbage, refuse or equipment shall be kept in a sanitary condition
at all times. Garbage, rubbish and debris shall be collected and disposed
of as frequently as is necessary to ensure that garbage and refuse
containers do not overflow or create an odor or otherwise cause a
nuisance.
E.
Fire protection. Every park shall be equipped at all
times with fire-extinguishing equipment in good working order, of
such type, size and number and so located within the park as to satisfy
applicable reasonable 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.
A.
All mobile home parks in existence upon the effective
date of this article shall be deemed nonconforming parks and shall
be permitted to continue in operation, provided that all other applicable
Village ordinances are fully complied with and provided further that
all services presently being supplied with or without charge to the
customer, including but not limited to heat, water, power, light,
parking, drainage, screening, and sanitation, shall be continued.
B.
All licenses and fees of this article shall apply
to nonconforming parks.
C.
Substantial abandonment of the use being made by the
nonconforming park of a continuous period of six months shall terminate
the right of the nonconforming park to operate under this section,
and thereafter all remaining provisions of this article shall apply.
D.
The use of a nonconforming park cannot be extended
without Village Board approval.
E.
Within 10 days after the original effective date of
this article, each mobile home park owner or operator, in order to
claim the benefits of this section, shall file with the Village Board
a set of pictures, at a cost to the nonconforming park owner or operator
not to exceed $25, setting forth such views of the existing park as
the Zoning Administrator shall require, and said pictures shall be
filed with the Village Clerk-Treasurer. Each picture is to contain
a legend on the reverse side thereof setting forth as a minimum the
date taken, who took the picture and the direction the camera was
facing.
A playground and recreational area shall be
furnished and equipped. The area is to be not less than one acre for
each 10 acres of mobile home parking spaces or portion thereof (exclusive
of streets). The playground and recreational area shall be planted
with trees and shrubs and kept mowed.
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. The attendant or caretaker shall be answerable,
with the licensee or permittee, for the violation of any provision
of this article to which the licensee or permittee is subject.
Any license granted under the provisions of
this article shall be subject to revocation or suspension for cause
by the Village Board upon complaint filed with the Village Clerk-Treasurer,
signed by any law enforcement officer, health officer or building
inspector after a public hearing upon such complaint, provided that
the holder of such license shall be given 10 days' notice in writing
of such hearing, and the licensee shall be entitled to appear and
be heard as to why such license shall not be revoked. Any holder of
a license which is revoked or suspended by the Village Board may appeal
therefrom to the Circuit Court for Rock County as provided by law.
The license certificate shall be conspicuously
posted in the office of or on the premises of the mobile home park
at all times.
No mobile home shall be moved into any mobile
home park and no mobile home shall be occupied until the terms and
conditions of the initial license have been fully satisfied and all
construction therein completed throughout the entire park area; provided,
however, that a staged development plan for a mobile home park may
be filed, and, if approved by the Village Board or by the designated
official, the mobile home park may be occupied and operated in accordance
with the terms and conditions of that part of the stage of development
as is set forth in the plan.
Except as expressly modified herein, all private
roadway systems within the mobile home park shall be installed and
maintained in accordance with existing Village specifications, or
as said specifications may from time to time be modified.
All roadways within the mobile home park shall
be maintained by the licensee and shall not be the responsibility
of the Village.
It is hereby declared to be unlawful for any
person to park any mobile home on any street, alley or highway or
on land owned by any person within the Village of Orfordville, except
as follows:
A.
In a duly licensed mobile home park.
B.
For a period not to exceed 15 days where the occupancy
is temporary or transient.
C.
In a rear yard, not to exceed 15 days, or in a garage,
provided that no living quarters are maintained or business conducted
in said mobile home, unless the time is extended by a Village Board
special permit; provided, however, that if the mobile home is less
than 24 feet in length, the same may be stored in the rear yard for
an indefinite time, provided that no living quarters are maintained
or business is conducted in said mobile home. (It is the intention
of the Village Board, by this subsection, to permit an unoccupied
mobile home 24 feet in length or over to be stored in a rear yard,
outside of a garage, for a period not to exceed 15 days and to permit
a mobile home less than 24 feet in length, generally being a camper-type
home, to be stored, if unoccupied, in a rear yard outside of a garage
for an indefinite period).
D.
On owner-occupied property on which the owner-occupant
desiring to occupy a mobile home has installed sanitation facilities
which comply with the Plumbing Code and upon which said owner intends
to commence building a home within three months and intends to complete
said home within 12 months, the Village Board may issue a permit therefor,
for a special permit fee as set by the Village Board, but the permit
shall state on the face thereof that the permit will expire automatically,
without further notice, if the construction does not commence within
three months of the date of issue and the construction is not completed
within 12 months of the date of issue.
Mobile homes which, prior to the original effective
date of this article, were located outside of a mobile home park may
continue to locate outside of a mobile home park, but only upon the
following conditions:
B.
Upon removal of the mobile home, the mobile home shall
be subject to this article, and the area formerly occupied by the
mobile home shall no longer be used for mobile home purposes, except
as permitted by this article.
C.
The right to continue to use the area for mobile home
purposes shall not be terminated in the event of a bona fide sale
of the mobile home by the owner or his personal representatives or
assigns, but a sale of the mobile home by a foreclosing creditor,
trustee in bankruptcy, or any other party shall forfeit the right
to use the mobile home on the location as granted by this section.
A.
Outside storage regulated. Outside storage, including
but not necessarily limited to lawn equipment, lawn chairs, bicycles,
toys, utensils, lumber, debris and items of a like or dissimilar nature
of any kind and nature whatsoever, shall not be stored outside. "Outside
storage" in this subsection shall mean storage outside of any enclosure
fully screened from view. Storage under the mobile home shall be deemed
outside storage unless the storage is screened from view. This provision
concerning outside storage refers to all mobile homes, whether located
within or without a mobile home park.
B.
Wrecked, damaged or dilapidated mobile homes. Wrecked,
damaged or dilapidated mobile homes shall not be kept or stored either
within or without a mobile home park at any time. The Zoning Administrator
shall determine if a mobile home is damaged or dilapidated to a point
which makes said mobile home unfit for human occupancy on either a
temporary or permanent basis. Whenever such a determination is made,
the mobile home shall be vacated and removed from the premises.
C.
Attempt to convert mobile home to permanent abode
regulated. Any action to attach a mobile home to the ground by means
of posts, piers, foundations or otherwise, or to attach an addition
thereto in any way, shall be subject to the requirements of the Building
Code[1] as well as this article, and if the Building Code does
not permit the addition, said addition shall be prohibited.
In hardship cases, the Village Board may, in
its discretion, grant a temporary permit, not to exceed six months,
said permit to clearly state the expiration date thereon, provided
that sanitation rules as set forth in this article are complied with
and provided that consent of all adjacent owners or occupiers of land
is obtained. The temporary permit may be renewed for additional six-month
periods by the Village Board if the hardship continues beyond the
licensed period.
A.
Taxes or monthly parking permit fees. General property
taxes, if required to be levied by state law, or monthly parking permit
fees, if required to be levied by state law, or any other permit fee
which the Village Board is authorized to impose, or which the Village
Board is required to impose, shall be imposed from time to time by
action of the Village Board.
B.
Bond for licensees. Before any license shall be issued
to a licensee, whether it be the initial license, renewal license,
or temporary license, a surety bond in the sum of $1,000 shall be
filed with the application to guarantee collection by the licensee
of all monthly parking permit fees and payment of the same by the
licensee to the Village Clerk-Treasurer and payment by the licensee
of any fine or forfeiture, including court costs, imposed upon the
licensee for any violation under this article.
A.
There is hereby imposed on each owner of a nonexempt,
occupied mobile home in the Village of Orfordville a monthly parking
fee as determined in accordance with § 66.0435(3), Wis.
Stats., which is hereby adopted by reference and made part of this
section 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 Village 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 section and such regulations as the Village Clerk-Treasurer
may reasonably promulgate.
(1)
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 land within five days after arrival of such
home on forms furnished by the Village Clerk-Treasurer in accordance
with § 66.0435(3)(c) and (e), Wis. Stats.
(2)
Occupants or owners of nonexempt mobile homes parked outside of a mobile home park shall remit such fees directly to the Village 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 Village Clerk-Treasurer as provided in Subsection A.
B.
Owners of nonexempt, occupied mobile homes, upon receipt
of notice from the Village Clerk-Treasurer of their liability for
the monthly parking permit fee, shall remit to the Village Clerk-Treasurer
a cash deposit of $25 to guarantee payment of such fees when due to
the Village. It shall be the full and complete responsibility of the
licensee of a mobile home park to collect such cash deposits from
each occupied, nonexempt mobile home therein and to remit such deposits
to the Village 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 Village, the Village 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.
