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Birchwood Village City Zoning Code

ARTICLE III

MOBILE HOME PARKS

Sec. 28-383. - Purpose.

It is the intent and purpose of this article to regulate the placing of mobile homes of all types and varieties in the village with regard to providing adequate standards to protect the public health, safety, morals, convenience and general welfare.

(Code 1989, § 13-1-34(1); Ord. of 10-5-2004, § 13-1-34(1))

Sec. 28-384. - Occupancy.

No person shall park or occupy any mobile home on any premises which is situated outside an approved licensed mobile home park. Temporary mobile homes or recreational vehicles used on construction projects or in conjunction with carnivals and circuses may be permitted when approved by the zoning administrator.

(Code 1989, § 13-1-34(2); Ord. of 10-5-2004, § 13-1-34(2))

Sec. 28-412. - Purpose.

The mobile home park, as defined in section 28-3, is established to:

(1)

Provide regulations and standards for the development of a safe, healthy and well designed community for permanent mobile home living.

(2)

Provide, in appropriately located areas within specific zoning districts, sites for mobile home living, developed at reasonable densities consistent with sound standards of public health and safety.

(3)

Comply as much as possible with the objectives and purposes of each zoning district in which mobile home parks are located.

(4)

Ensure adequate light, air, access and open space for each mobile living unit.

(5)

Regulate the mobile home park such that it will complement the land use policy of the zoning district.

(Code 1989, § 13-1-34(3)(a); Ord. of 10-5-2004, § 13-1-34(3)(a))

Sec. 28-413. - Placement.

Mobile home parks may be permitted in the R-2 district in accordance with the provisions of this article.

(Code 1989, § 13-1-34(3)(b); Ord. of 10-5-2004, § 13-1-34(3)(b))

Sec. 28-414. - Administration.

(a)

Mobile home park applications. New mobile home parks as herein defined shall require a conditional use permit issued in accordance with the provisions of this article. Applications for a conditional use permit shall contain the following information:

(1)

Name and address of the applicant. If the owner of the land is other than the applicant, a verified statement by the owner that the applicant is authorized by him to construct the proposed park and make the application.

(2)

Location and legal description of the proposed mobile home park.

(3)

Existing easements and covenants affecting the property.

(4)

Land characteristics, such as natural drainage, swamp areas and wooded areas.

(5)

Development characteristics, such as surrounding streets, existing buildings, available community sewer, water and other utilities.

(6)

Complete preliminary engineering plans and specifications of the proposed park 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 and the location of common and recreational areas.

c.

The location and width of roadways and walkways.

d.

The location of the mobile home stands within the mobile home park, including a detailed sketch of at least one typical mobile home lot and stand therein.

e.

Plans and specifications of all utilities, including sewage collection and disposal, stormwater drainage, water distribution and supply, solid waste storage and collection, lighting, electrical, telephone and TV antenna systems.

f.

The number, location and size of all individual and common parking areas.

g.

Landscaping plans for the entire park, including a planting plan for the buffer strip.

h.

Plans and specifications of all buildings to be located within the park.

i.

Written statements describing proposed park operations, management and maintenance, including proposed fees and charges, and rules to be established by the operator for conduct of persons within the park.

j.

Such other plans and specifications and information as may reasonably be required by the planning commission or village board.

(b)

Planning commission review and recommendations. The planning commission shall review the conditional use permit application to determine its conformity with land development trends in the community; standards of the village comprehensive plan; and recognized principles of design, land use planning and landscape architecture. The planning commission shall forward the conditional use permit application to the village board with a recommendation that it be approved, approved with conditions, approved with modifications or disapproved. This communication must be made within 60 days of receipt of the conditional use permit application.

(c)

Determination of village board.

(1)

After receipt of the recommendation of the planning commission, the village board shall make its determination regarding the conditional use permit.

(2)

Within 30 days after the close of the public hearing in regards to the proposed conditional use permit, the village board shall approve, approve with conditions, approve with modifications or disapprove the conditional use permit. For the village board to make an affirmative recommendation, it must find in each of the following instances:

a.

The establishment of a proposed mobile home park will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the community.

b.

The proposed mobile home park will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.

c.

The proposed mobile home park will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

d.

Adequate utilities, access roads, drainage and/or other necessary facilities have been, are being or will be provided.

e.

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(3)

Mobile home park requirements. If lot abuts shoreland area, also see article IV of this chapter. All setbacks must comply with state department of transportation if located on State Highway 48, or the county zoning requirements if located on Highway D.

(d)

Park size. The minimum size of a mobile home park shall be five acres.

(e)

Density. The maximum density for mobile home parks shall be eight mobile home units or lots per gross acre.

(f)

Setbacks. No mobile home shall be located closer than 25 feet from any park property boundary line.

(g)

Drainage and landscaping. The ground surface in all parts of every mobile home park shall be graded and equipped to drain all surface water in a safe, efficient manner away from the mobile home stand; all mobile home sites shall be sodded or seeded; and the park shall be attractively landscaped in accordance with a plan submitted at the time of initial permit application.

(h)

Recreation areas. Each park shall contain a recreation area. A minimum of one-half acre of area for such use shall be provided for each 100 sites. The minimum area in a park shall be one-half acre.

(i)

Screening. All mobile home parks shall be provided with a screening of trees or shrubs along the property boundary line separating the park and such adjacent properties, except where the adjoining property is also a mobile home park. Within six months after issuance of the appropriate licenses and permits for the occupation of such mobile home park, the following plantings shall be established: A permanent planting of trees and shrubs so arranged and in sufficient numbers so as to form a solid wall of plant material. Such planting shall be a minimum of two feet at the original time of planting and shall be grown or maintained at a height of not less than ten feet, except where line of sight vision is necessary for pedestrian or vehicular traffic safety.

(j)

Permitted uses. The following uses are permitted within mobile home parks:

(1)

Mobile homes used for single-family residential uses. It is the intent of this article to recognize mobile homes constructed prior to October 1, 1997, as distinct and different from units designated as mobile homes within the definitions of this article and to prohibit units not meeting the requirements for mobile homes as defined herein. Units constructed prior to 1974 are prohibited. No mobile home shall be placed in the village that is over ten years old or which has a value, as determined by the village assessor, of less than $5,000.00. Mobile homes meeting the requirements of the one- and two-family building dwelling code shall not be permitted in a residential mobile home district except as a conditional use. Such conditional use permits may be obtained only after approval of the planning commission.

(2)

One single-family dwelling per park for the owner, operator or caretaker thereof.

(3)

Service buildings, such as park offices, laundromats and recreational buildings, provided that such uses be subordinate to the residential character of the park and are intended for use primarily by park residents.

(4)

Accessory structures, such as storage sheds, porches and carports, as approved by the park management. Accessory structures shall meet the minimum setback requirements prescribed for the basic mobile home unit.

(5)

Home occupations as permitted in division 4 of article VI of this chapter.

(k)

Prohibited uses.

(1)

Commercial sales of mobile homes, except that existing mobile homes on the site may be sold by the owner.

(2)

Dependent mobile homes and recreational vehicles shall be prohibited from placement or occupancy within mobile home parks.

(l)

Access, street and parking requirements.

(1)

General requirements. All mobile home stands shall be provided with safe, convenient access to public streets and roads. Such access shall be provided by private streets located within the park boundaries.

(2)

Park entrances. Entrances to parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets.

(3)

Interior streets.

a.

Paving requirements for interior streets shall adhere to locally applicable codes and shall meet the following width standards:

2-way street with parking on both sides 32 feet
2-way street with parking on one side 25 feet
2-way street, parking prohibited 18 feet
1-way street with parking on one side 22 feet
1-way street, parking prohibited 14 feet

 

b.

Right-of-way width shall be at least 66 feet, unless the village board has specifically approved a lesser width, but shall in no case be less than 50 feet.

(4)

Parking requirements.

a.

A minimum of two improved parking spaces shall be provided for each mobile home, one of which will be on the mobile home site.

b.

An open, well drained, dust free storage area for the parking of boats, trailers and outside vehicles shall be provided. The minimum size of such area shall be 100 square feet per mobile home site. The storage area shall be fenced to prevent access from outside the park.

c.

Pedestrian walkways shall be provided in the area of the service buildings, along major streets and other locations of anticipated heavy foot traffic. Walkways shall be a minimum of three feet wide and be dust free. In addition, each mobile home stand shall be provided with a walkway from the stand to the street or parking space.

(m)

Sanitary sewer requirements. Mobile home parks and each mobile home therein shall be connected to public sanitary sewage facilities.

(n)

Plumbing requirements. All plumbing within the park and within the mobile homes therein shall meet all applicable standards for the Wisconsin Administrative Code and any additional requirements of the village board.

(o)

Solid wastes. All solid wastes shall be stored, collected and disposed in compliance with Wis. Admin. Code ch. HSS 177.

(Code 1989, § 13-1-34(3)(c); Ord. of 10-5-2004, § 13-1-34(3)(c))

Sec. 28-415. - Mobile home site requirements.

Each site for the placement of mobile homes shall be clearly staked or otherwise delineated and shall meet the following standards:

(1)

Minimum lot size. Individual lots within the mobile home park shall contain an area of not less than 5,000 square feet and shall have a minimum width at the narrowest point of 50 feet.

(2)

Mobile home stand. A mobile home stand with minimum dimensions of 17 feet by seventy feet intended for the actual placement of the mobile home shall be provided on each mobile home site. The stand shall be hard surfaced with asphalt, concrete or similar material and provide adequate drainage and support against settling and frost heave. The mobile home stand shall be equipped with the tie downs and anchors to secure the mobile home against winds.

(3)

Required separation between mobile homes. Mobile homes shall be separated from each other and from other buildings and structures by at least 20 feet. An accessory structure, such as an awning, cabana, storage cabinet, carport, windbreak or porch attached to the mobile home, shall for purposes of the separation requirements be considered a part of the mobile home. The basic unit shall not occupy in excess of one-quarter of the area of the lot and the complete unit, including all accessory structures, shall not occupy more than one-half of the area of the lot.

(4)

Setback and buffer strips. Each mobile home shall be located at least five feet from any mobile home lot line. There shall be a minimum setback of the mobile home of 20 feet from the front or main street side of the lot and at least ten feet from the rear of the lot. All mobile homes shall be located at least 25 feet from any park property boundary line.

(Code 1989, § 13-1-34(3)(d); Ord. of 10-5-2004, § 13-1-34(3)(d))

Sec. 28-416. - Miscellaneous requirements.

(a)

Responsibility of the park management.

(1)

The person to whom a permit for a park is issued shall operate the park in compliance with this division and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(2)

The park management shall notify park occupants of all applicable provisions of this division and inform them of their duties and responsibilities under this division and the state administrative code. The appropriate provisions of this article and park rules adopted by the management shall be posted in an appropriate place within the premises.

(3)

The park management shall supervise the placement of each mobile home on its mobile home stand, which includes securing its stability and installing all utilities.

(b)

Responsibilities of the park occupants.

(1)

The park occupant shall comply with all applicable requirements of this division and shall maintain his mobile home, its facilities and equipment in good repair and in a clean and sanitary condition.

(2)

The park occupant shall be responsible for proper placement of his mobile home on its mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.

(3)

Pets, if permitted in the park, shall be prevented from running at large or committing any nuisance within the limits of the park.

(4)

The park occupant shall store and dispose of rubbish and garbage in a clean, sanitary and safe manner.

(Code 1989, § 13-1-34(3)(e); Ord. of 10-5-2004, § 13-1-34(3)(e))