[HISTORY: Adopted by the Village Board of the Village of Johnson
Creek 12-1-1994 by Ord. No. 12-94 as Ch. 25 of the 1994 Code. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have
the meanings indicated:
Any structural addition to the mobile home which includes awnings,
cabanas, carports, Florida rooms, porches, ramadas, storage cabinets and similar
appurtenant structures.
A roofed structure erected for permanent use.
Any area or space designed for joint use of tenants occupying mobile
home developments.
The person who owns or has charge, care or control of the mobile
home community.
The number of mobile homes or mobile home stands per gross acre.
A minor private way used by vehicles and pedestrians on a mobile
home lot or for common access to a small group of lots or common facilities.
Same as "living unit."
A vested or acquired right to use land, other than as a tenant, for
specific purposes, such right being held by someone other than the owner who
holds title to the land.
Living units, dwellings and/or other structures that shelter or cover.
A written document issued by the Clerk-Treasurer allowing a person
to operate and maintain a mobile home community under the provisions of this
chapter.
A residential unit providing complete, independent living facilities
for one family, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
The total area reserved for exclusive use of the occupants of a mobile
home.
A line bounding the lot as shown on the accepted plot plan.
That which is, or was as originally constructed, designed to be transported
by a motor vehicle upon a public highway and designed, equipped and used primarily
for sleeping, eating and living quarters or is intended to be so used, and
includes any additions, attachments, annexes, foundations and appurtenances.
It also means a vehicle designed to be towed as a single unit or in sections
upon 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.
A mobile home development and related utilities and facilities, including
the mobile homes and all of the people living within the development.
Any plot or plots of ground upon which two or more units occupied
for dwelling or sleeping purposes are located, regardless of whether or not
a charge is made for such accommodation.
A parcel of land for the placement of a mobile home and the exclusive
use of its occupants.
That part of an individual mobile home lot which has been reserved
for the placement of a mobile home.
That area of an individual mobile home lot which has been covered
by a mobile home and its accessory structures.
A building, except a mobile home accessory structure.
A written document issued by the Building Inspector permitting the
construction, alteration or expansion of a mobile home development.
Any individual, firm, trust, partnership, public or private association
or corporation.
Any map, plan or chart of a city, town, section or subdivision indicating
the location and boundaries of individual properties.
A parcel of land consisting of one or more lots or portions thereof
which is described by reference to a recorded plat or metes and bounds.
A private way which affords principal means of access to abutting
individual mobile home lots and auxiliary buildings.
A plot with any buildings or other improvements located thereon.
A recorded boundary of a plot.
A public way which affords principal means of access to abutting
properties.
The area, either public or private, over which the right of passage
exists.
Indicates that which is required.
Indicates that which is recommended but not required.
A parcel of land consisting of one or more lots or portions thereof
which is described by reference to a recorded plat or by metes and bounds.
A.
It shall be unlawful, except as provided in this chapter,
for any person to park any mobile home, whether or not occupied, on any street,
alley, highway or other public place, or on any tract of land owned by any
person, within the Village of Johnson Creek.
B.
Emergency or temporary stopping or parking 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 and parking regulations or ordinances for that street, alley or highway.
C.
No person shall park or occupy any mobile home on any
premises which is situated outside an approved mobile home development, provided
that the parking of only one unoccupied mobile home in any accessory private
garage building or in a rear yard is permitted provided no living quarters
shall be maintained or any business practiced in said mobile home while such
mobile home is so parked or stored.
D.
Mobile homes shall not be used as a permanent place of
abode or as a permanent dwelling or for indefinite periods of time except
as provided in this chapter.
It shall be unlawful for any person to construct, alter or extend any
mobile home development within the Village unless he holds a valid permit
issued by the Building Inspector in the name of such person for the specific
construction, alteration or extension proposed.
A.
All applications for permits shall contain the following:
(1)
Name and address of applicant.
(2)
Location and legal description of the mobile home development.
(3)
Complete engineering plans and specifications of the
proposed development showing, but not limited to, the following:
(a)
The area and dimensions of the tract of land;
(b)
The number, location, and size of all mobile home lots;
(c)
The location and width of roadways and walkways;
(d)
The location of water and sewer lines and riser pipes;
(e)
Plans and specifications of the water supply and refuse
and sewage disposal facilities;
(f)
Plans and specifications of all buildings constructed
or to be constructed within the mobile home development; and
(g)
The location and details of lighting and electrical systems.
A.
It shall be unlawful for any person to administer any
mobile home community in the Village unless he holds a valid license issued
annually by the Clerk-Treasurer in the name of such person for the specific
mobile home community. All applications for licenses shall be made to the
Clerk-Treasurer, who shall issue a license upon compliance by the applicant
with the provisions of this chapter.[1]
B.
Every person holding a license shall give notice in writing to the Clerk-Treasurer within 24 hours after having sold, transferred, given away, or otherwise disposed of interest in or control of any mobile home community. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home community. Upon application in writing for transfer of the license and deposit of a fee as provided in Chapter 33, Fees, the license shall be transferred if the mobile home community is in compliance with all applicable provisions of this chapter.[2]
C.
Applications.
(1)
Applications for original licenses shall be in writing, signed by the applicant, and accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee as provided in Chapter 33, Fees, and shall contain the name and address of the applicant and the location and legal description of the mobile home community showing all mobile home stands, structures, roads, and other service facilities.
(2)
Applications for renewal of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee as provided in Chapter 33, Fees, and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
D.
Any person whose application for a license under this chapter has been denied may request and shall be granted a hearing on the matter before the Plan Commission under the procedure provided by § 166-6A.
E.
Whenever, upon inspection of any mobile home community, the Building Inspector finds that conditions or practices exist which are in violation of this chapter, the Building Inspector shall give notice in writing in accordance with § 166-6 to the person to whom the license was issued that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Building Inspector, the license shall be suspended. At the end of such period the Building Inspector shall reinspect such mobile home community and, if such conditions or practices have not been corrected, shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension such person shall cease administration of such mobile home community except as provided in § 166-6.
A.
The Building Inspector is hereby authorized and directed
to make such inspections as are necessary to determine satisfactory compliance
with this chapter.
B.
The Building Inspector shall have the power to enter
at reasonable times upon any private or public property for the purpose of
inspecting and investigating conditions relating to the enforcement of this
chapter.
C.
The Building Inspector shall have the power to inspect
the register containing a record of all residents of the mobile home community.
D.
It shall be the duty of every resident of a mobile home
community to give the management thereof or its designated agent access to
any part of such mobile home community at reasonable times for the purpose
of making such repairs or alterations as are necessary to effect compliance
with this chapter.
A.
Whenever the Building Inspector determines that there
are reasonable grounds to believe that there has been a violation of any provision
of this chapter, the Building Inspector shall give notice of such alleged
violation to the persons to whom the permit or license was issued, as hereinafter
provided. Such notice shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for its issuance.
(3)
Allow a reasonable time for the performance of any act
it requires.
(4)
Be served upon the owner or his agent as the case may
require, provided that such notice or order shall be deemed to have been properly
served upon such owner or agent when a copy thereof has been sent by certified
mail to his last known address or when he has been served with such notice
by any method authorized or required by the laws of this state.
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter.
B.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the Plan Commission, provided that such person shall file in the office of the Village Clerk-Treasurer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Subsection D. Upon receipt of such petition, the Village Clerk-Treasurer 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 cause why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Plan Commission may postpone the date of the hearing for a reasonable time beyond such ten-day period when in its judgment the petitioner has submitted good and sufficient reasons for such postponement.
C.
After such hearing the Plan Commission 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 which shall be served as provided in Subsection A(4). Upon failure to comply with any order sustaining, modifying or withdrawing a notice, the license or permit affected by the order shall be revoked.[1]
D.
Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but upon petition to the Plan Commission shall be afforded a hearing as soon as possible. The provisions of Subsection C shall be applicable to such hearing and the order issued thereafter.
A.
The owner of any mobile home development shall cause each mobile home lot to be numbered so that the units occupying the lot can be readily identified by the Fire Department, Police Department and other emergency units. The numbering system shall be approved by the Village Board prior to the issuance of the license required under § 166-4.
B.
The number assigned to each mobile home lot shall be
exhibited by numerals affixed to the end of each mobile home nearest the street
servicing that home. The numerals shall be of a size and type that will permit
emergency vehicles to identify readily the mobile home in accordance with
the numerical system approved by the Village Board.
A.
General.
(1)
A mobile home development shall be located only upon
property designated for that use by the Plan Commission.
(2)
No part of any development shall be used for nonresidential
purposes, except such uses that are required for the direct servicing and
well-being of development residents and for the management and maintenance
of the development. Nothing contained in this section shall be deemed as prohibiting
the sale of the mobile home located on a mobile home stand and connected to
the pertinent utilities.
(3)
Condition of soil, groundwater level, drainage and topography
shall not create hazards to the property or the health or safety of the occupants.
The site shall not be exposed to objectionable smoke, dust, noise, odors or
other adverse influences which would expose persons or property to hazards.[1]
B.
Objective. Site planning improvements shall provide for:
C.
Density.
(1)
The maximum density of mobile homes shall be regulated
by separation requirements, occupied lot area ratios and recreation area requirements
as set forth in this standard. Density will vary considerably in accommodating
different sizes of mobile home units with their accessory structures used
in the locality and in the type of layout proposed.
(2)
Each mobile home stand shall be separated from other
mobile home lots by a yard not less than 10 feet in width.
(3)
Mobile home stands shall not occupy an area in excess
of 1/4 of the respective lot area. The accumulated occupied area of the
mobile home and its accessory structures on a mobile home lot shall not exceed 1/2
of the respective lot area.
D.
Recreation area. Not less than 8% of the gross site area
shall be devoted to recreational facilities, generally provided in a central
location; provided, however, that this requirement shall not be less than 1/2
acre for each 100 sites, and the minimum area in any development shall be
not less than 1/2 acre. In larger developments recreation facilities
can be decentralized with at least one area large enough for a small softball
park ( 2/3 of an acre). Recreation areas may include space for community
buildings and community use facilities, such as indoor recreation areas, swimming
pools, hobby and repair shops, and service buildings.
E.
Required setbacks, buffer strips and screening.
(1)
All mobile homes shall be located at least 40 feet from
the exterior property boundary line except where greater distances are required
by the zoning ordinances. All mobile homes shall be set back at least 25 feet
from the right-of-way line of any internal public or private street system
of the development.
(2)
There shall be a minimum distance of 25 feet between
the mobile home stand and the abutting street.
(3)
All mobile home developments shall be provided with screening
such as fences or natural growth along the property boundary line separating
the development and adjacent land uses.
F.
Streets.
(1)
General. All mobile home developments shall be provided
with safe and convenient vehicular access from abutting public streets or
roads to each mobile home lot. Such access shall be provided by streets, driveways
or other means.
(2)
Entrance streets. Entrances to mobile home developments
shall have direct connections to a public street and shall be designed to
allow free movement of traffic on such adjacent public streets. No parking
shall be permitted on the entrance street for a distance of 100 feet from
its point of beginning.
(3)
Circulation. The street system should provide convenient
circulation by means of minor streets and properly located collector streets.
Dead-end streets shall be limited in length to 1,000 feet and their closed
end shall be provided with an adequate turnaround (eight-hundred-foot diameter
cul-de-sac).
(4)
Pavement widths. Pavements should be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street, with ten-foot minimum moving lanes for collector streets, nine-foot minimum moving lanes for minor streets, and seven-foot minimum lane for parallel parking, and in all cases shall meet the minimum requirements of Chapter 245, Subdivision of Land.
(5)
Street grades. Grades of all streets shall be sufficient to ensure adequate surface drainage and shall further be in conformance with Chapter 245, Subdivision of Land.
(6)
Intersections. Street intersections should generally
be at right angles. Offsets at intersections and intersections of more than
two streets at one point should be avoided.
(7)
Extent of improvements. All streets shall be provided
with a smooth, hard and dense surface which shall be durable and well drained
under normal use and weather conditions. The surface shall be maintained free
of cracks and holes and its edges shall be protected by suitable means to
prevent traveling and shifting of the base.
(8)
Streetlights. Lighting shall be designed to produce a
minimum of 0.1 footcandle throughout the street system. Potentially hazardous
locations, such as major street intersections and steps or stepped ramps,
shall be individually illuminated with a minimum of 0.3 footcandle.
G.
Walks.
(1)
General requirements. All mobile home developments shall
be provided with safe, convenient all-season pedestrian access of adequate
width for intended use, durable and convenient to maintain. Sudden changes
in alignment and gradient shall be avoided.
(2)
Common walk system. A common walk system shall be provided
and maintained between locations where pedestrian traffic is concentrated.
Such common walks shall have a minimum width of 3 1/2 feet.
(3)
Individual walks. All mobile home stands should be connected
to common walks, or to streets, or to driveways, or to parking spaces. Such
individual walks shall have a minimum width of two feet.
H.
Mobile home lot.
(1)
General. The limits of each mobile home lot should be
marked on the ground by suitable means. Location of lot limits on the ground
should be the same as shown on accepted plans.
(2)
Mobile home stands. The mobile home stand shall be improved
to provide adequate support for the placement and tie-down of the mobile home.
The stand shall not heave, shift or settle unevenly under the weight of the
mobile home due to frost action, inadequate drainage, vibration, wind or other
forces acting on the structure. Anchors or tie-downs, if provided, such as
cast-in-place concrete "dead men," eyelets imbedded in concrete screw augers
or arrowhead anchors, shall be placed at each corner of the mobile home stand
and at intervals of at least 20 feet. Each device shall be able to sustain
a minimum load of 4,800 pounds.
(3)
Driveways. Improved driveways should be provided on lots
where necessary for convenient access to mobile homes. The minimum width shall
be 10 feet.
(4)
Parking spaces. The design criteria for automobile parking
shall be based upon two parking spaces for each mobile home lot. Parking may
be in tandem.
(5)
Outdoor living area. Each mobile home lot should be provided
with an outdoor living and service area. Such area should be improved as necessary
to assure reasonable privacy and comfort. The minimum area should be not less
than 300 square feet with a least dimension of 15 feet.
All mobile home developments and modifications of or additions or extensions
to existing developments shall comply with the following:
A.
Chapter HSS 177, Wis. Adm. Code, as now existing or hereafter
amended, is hereby made a part of this chapter and incorporated herein by
reference as if fully set forth, except that such regulations shall not be
deemed to modify any requirement of this chapter or any other applicable law
or ordinance of the state or Village.
B.
No mobile home development shall be laid out, constructed
or operated without Village water and sanitary sewer service.
C.
All liquid wastes originating at units or service or
other buildings shall be discharged into a sewerage system extended from and
connected with the public sewerage system. Such systems shall comply with
all provisions of the State Code and Village ordinances relating to plumbing
and sanitation. Each individual space shall be provided with a three-inch
watertight sewer connection protected from damage by heaving and thawing or
parking of the unit and located within the rear 1/3 of the stand, with
a continuous grade which is not subject to surface drainage, so constructed
that it can be closed when not in use and trapped in such a manner that it
can be kept odor free.
D.
Adequate provision shall be made for the disposal of
solid and liquid wastes in a manner approved by the Village Board. Open burning
of waste or refuse is prohibited.
E.
All television cable systems, electrical and telephone
distribution lines and oil or gas piping serving the development or spaces
therein shall be installed underground. Distribution systems shall be new,
and all parts and installations shall comply with all applicable federal,
state and local codes.
A.
In every mobile home community there shall be located
an office of the attendant or person in charge of said community. A copy of
the community license and of this chapter shall be posted therein and the
register shall at all times be kept in said office.
B.
The attendant or person in charge and the licensee shall
operate the community in compliance with this chapter and regulations and
ordinances of the Village and state and their agents or officers and shall
have the following duties. They shall:
(1)
Maintain a register of all community occupants, to be
open at all times to inspection by state, federal and municipal officers,
which shall show:
(a)
Names and addresses of all owners and occupants of each
mobile home.
(b)
Number of children of school age.
(c)
State of legal residence.
(d)
Dates of entrance and departure of each mobile home.
(e)
Make, model, year and serial number or license number
of each mobile home and towing or other motor vehicles and state, territory
or country which issued such licenses.
(f)
Place of employment of each occupant, if any.
(2)
Notify community occupants of the provisions of this
chapter and inform them of their duties and responsibilities and report promptly
to the proper authorities any violations of this chapter or any other violations
of law which may come to their attention.
(3)
Report to Village law enforcement officials all cases
of persons or animals affected or suspected of being affected with any dangerous
communicable disease.
(4)
Supervise the placement of each mobile home on its stand,
which includes securing its stability and installing all utility connections
and tie-downs.
(5)
Maintain community grounds, buildings and structures
free of insect and rodent harborage and infestation and accumulations of debris
which may provide rodent harborage or breeding places for flies, mosquitoes
and other pests.
(6)
Maintain the community free from growth of noxious weeds.
(7)
Maintain the community free of litter, rubbish and other
flammable materials and provide portable fire extinguishers of a type approved
by the Fire Chief in all locations designated by the Chief and maintain such
extinguishers in good operating condition and cause every area within the
community designated as a fire lane by the Fire Chief to be kept free and
clear of obstructions.
(8)
Check to ensure that every mobile home unit has furnished
and in operation a substantial flytight, watertight, rodentproof container
for the deposit of garbage and refuse in accordance with the ordinances of
the Village.
(9)
Allow inspections of community premises and facilities
at reasonable times by municipal officials or their agents or employees.
A.
Mobile home community occupants shall comply with all
applicable requirements of this chapter and regulations issued hereunder and
shall maintain their mobile home space, its facilities and equipment in good
repair and in a clean and sanitary condition.
B.
Community occupants shall be responsible for proper placement
of their mobile homes on the mobile home stand and proper installation of
all utility connections in accordance with the instructions of the community
management.
C.
No owner or person in charge of a dog, cat or other pet
animal shall permit it to run at large or to cause any nuisance within the
limits of any mobile home community.
D.
Each owner or occupant of a nonexempt mobile home within
a mobile home community shall remit to the licensee or authorized community
management the cash deposit and monthly parking permit fee.
E.
Mobile homes shall be parked only on the mobile home
stands provided and shall be placed thereon in accordance with all requirements
of this chapter.
F.
No mobile home owner or occupant shall conduct in any
unit or any mobile home community any business or engage in any other activity
which would not be permitted in single-family residential areas in the Village.
G.
No person shall discharge any wastewater on the surface
of the ground within any mobile home community.
H.
No person shall erect or place upon any mobile home space
any permanent or temporary structure intended to be used for dwelling purposes
or in connection with any mobile home unit except as specifically authorized
by this chapter.
A.
Accessory structures remain as per definition dependent
upon the mobile home and shall not be used as complete independent living
units with permanent provisions for sleeping, cooking and sanitation. Such
structure shall be erected, constructed and occupied on a mobile home lot
as directed by the management of the mobile home development, as required
by applicable state or local standards and as specified in this chapter.
B.
Accessory structures shall be designed in a manner that
will enhance the appearance of the mobile home development.
C.
Accessory structures shall not obstruct required openings
for light and ventilation of the mobile home and shall not prevent inspection
of mobile home equipment and utility connections.
A.
Grounds, buildings and structures shall be maintained
free of insect and rodent harborage and infestation. Extermination methods
and other measures to control insects and rodents shall conform to the requirements
of the Plan Commission.
B.
The community shall be maintained free of accumulations
of debris which may provide rodent harborage or breeding places for flies,
mosquitoes and other pests.
C.
Storage areas shall be so maintained as to prevent rodent
harborage; lumber, pipe and other building material shall be stored at least
one foot above the ground.
D.
Where the potential for insect and rodent infestation
exists, all exterior openings in or beneath any structure shall be appropriately
screened with wire mesh or other suitable materials.
E.
The growth of brush, weeds and grass shall be controlled
to prevent harborage of ticks, chiggers and other noxious insects. The community
shall be so maintained as to prevent the growth of ragweed, poison ivy, poison
oak, poison sumac and other noxious weeds considered detrimental to health.
Open areas shall be maintained free of heavy undergrowth of any description.
A.
Liquefied petroleum (LP) gas containers installed on
a mobile home lot shall be securely but not permanently fastened to prevent
accidental overturning. Such containers shall not be less than 25 or more
than 100 pounds LP gas capacity.
B.
No liquefied petroleum gas vessel shall be stored or
located inside or beneath any storage cabinet, carport, mobile home, or any
other structure unless such installations are approved by the Plan Commission.
C.
All fuel oil storage tanks or cylinders shall be securely
fastened in place and shall not be located inside or beneath any mobile home
or less than five feet from any mobile home exit.
A.
Mobile home communities shall be kept free of litter,
rubbish and other flammable materials.
B.
Portable fire extinguishers rated for Classes B and C
shall be kept in service buildings and at other locations conveniently and
readily accessible for use by all occupants and shall be maintained in good
operating condition. The Underwriters' Laboratories or Factory Mutual rating
of each fire extinguisher shall not be less than six.
C.
Fires shall be made only in stoves, incinerators and
other equipment intended for such purposes.
A.
For the purposes of this section "mobile home" is defined
as the term is defined in § 66.0435, Wis. Stats.
B.
The provisions of § 66.0435, Wis. Stats., are
hereby adopted by reference.
C.
There is hereby imposed on each occupied mobile home
located in the Village a monthly parking fee as determined in accordance with
§ 66.0435, Wis. Stats. Said fees shall be paid to the Village Clerk-Treasurer
on or before the 10th day of the month for which such fees are due.
D.
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 Clerk-Treasurer.
It shall be the full and complete responsibility of the licensee of a mobile
home community to collect such cash deposits from each occupied, nonexempt
mobile home therein and 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.[1]
E.
The Village shall retain 10% of the monthly parking permit
fees collected in each month to cover the cost of administration and shall
pay to the school district(s) in which any mobile home development is located
such remaining fees in accordance with provisions of § 66.0435(8),
Wis. Stats.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 60-1 of this Code.
