MOBILE HOMES
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The definitions contained in Wis. Stats. § 66.058 shall also be applicable.
Accessory structures means all structures constructed on a mobile home lot apart from the basic mobile home unit and shall include awnings, cabanas, storage cabinets (or sheds), carports, windbreaks, attached porches, and garages.
Common area means any area or space designed for joint use of tenants occupying the mobile home park.
Dependent mobile home means a mobile home which does not have complete bathroom facilities.
Driveway means a minor private way used by vehicles and pedestrians on a mobile home lot or used for common access to a small group of lots or facilities.
License means a written license issued by the village allowing a person to operate and maintain a mobile home park under the provisions of this article and regulations issued hereunder.
Lot area means the total area reserved for exclusive use of the occupants of a mobile home.
Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
Mobile home park means a parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation.
Mobile home stand means that part of an individual lot which has been reserved for the placement of one mobile home unit.
Nondependent mobile home. See Residential mobile home.
Park management means the person who owns or has charge, care, or control of the mobile home park.
Park street means a private way which affords principal means of access to individual mobile home lots or auxiliary buildings.
Permit means a written permit or certification issued by the village permitting the construction, alteration, and extension of a mobile home park under the provisions of this article and regulations issued hereunder.
Residential mobile home means a single-family dwelling built on or after October 1, 1974, in accordance with the ANSI Code (American National Standards Institute) or in accordance with the HUD Code (Housing and Urban Development), both of which govern the heating and cooling systems, electrical systems, fire safety, body and frame construction, thermal protections and plumbing systems. All said homes shall bear the proper approved state insignia as required by the Wis. Admin. Code §§ COMM 20.12—20.17. The term "mobile home" means any coach, cabin, trailer, house car or other structure which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped or used for sleeping, eating or living quarters or as a place of business, or is intended to be so used, whether mounted upon wheels or supports or capable of being moved by its owner power or transported by another vehicle, and includes any additions, attachments, foundations, annexes and appurtenances thereto.
Tenant storage area means an enclosed space designed to provide auxiliary general storage space for an individual mobile home.
(Code 2006, § 13-1-220)
(a)
Required. It shall be unlawful for any person to construct, alter, or extend mobile home park within the limits of the village 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.
(b)
Applications. All applications to the village board for permits shall be filed with the village clerk, reviewed by the plan commission, and shall contain the following:
(1)
The name and address of applicant;
(2)
The location and legal description of the mobile home park;
(3)
The complete 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 the common areas;
c.
The location and width of roadways and walkways;
d.
The location of the mobile home stand within the mobile home lot;
e.
The plans and specifications of all utilities including; sewage collection and disposal, stormwater drainage, water distribution and supply, refuse storage and collection, lighting, electrical, telephone and television antenna systems;
f.
The landscaping plans for the entire park, including a planting plan for the buffer strip;
g.
The plans and specifications of all buildings to be located within the park;
h.
Such other plans and specifications and information as may reasonably be required by the village board.
(c)
Minimum size. No permit shall be issued for the construction of a mobile home park unless said development shall contain a minimum number of 75 mobile home lots, except in the case of addition to, or extension of, a contiguous mobile home park in which case the minimum requirement shall be 30 lots.
(d)
Requirements. No permit shall be issued for the construction, alteration, or extension of any mobile home park unless said development, as determined by the village board, shall meet the following requirements:
(1)
The village board shall determine that the proposed mobile housing development would not cause school costs to increase above the state average.
(2)
The village board shall determine that the proposed mobile housing development would not cause to the village an exceedingly difficult situation with regards to providing adequate and proper sewage disposal in the particular area, not cause to the village an exceedingly difficult or impossible situation with regards to providing all other adequate and proper municipal services in the particular area.
(3)
The village board shall determine that the proposed mobile housing development shall be located on premises duly and properly zoned MH mobile home district.
(e)
Fees. All applications for a permit shall be accompanied by the deposit of a fee of $2.00 for each mobile home lot proposed, plus normal construction permit fees for any buildings to be included in the mobile home park.
(f)
Approval. When, upon review of the application, the village board is satisfied that the proposed plan meets the requirements of this article, a permit shall be issued.
(g)
Appeals. Any person whose application for a permit under this article has been denied may request and shall be granted a hearing on the matter before the village board under the procedure provided by article XIV of this chapter.
(Code 2006, § 13-1-221)
(a)
It shall be unlawful for any person to operate any mobile home park within the limits of the village unless he holds a valid license issued annually by the village board in the name of such person for the specific mobile home park. All applications for licenses shall be made to the village board who shall issue a license upon compliance by the applicant with provisions of this article. There shall be a minimum of 30 mobile home lots, with stands, completed and ready for occupancy before a license shall be issued to operate and occupy a mobile home park.
(b)
Every person holding a license shall give notice in writing to the village board within three days after having sold, transferred, given away, or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application, in writing, for transfer of the license and deposit of a fee of $10.00, the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this article.
(c)
Application for original licenses shall be, in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of $25.00, or $2.00 per mobile home lot, whichever is greater, and shall contain:
(1)
The name and address of the applicant;
(2)
The location and legal description of the mobile home park; and
(3)
A site plan of the mobile home park showing all mobile home lots, structures, roads, walkways, and other service facilities as required by section 44-422(b).
(d)
Applications for renewals of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee of $25.00, or $2.00 per mobile home lot, whichever is greater, and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
(e)
In addition to the license fee required in this section, the licensee, or the owner, or the occupant of every mobile home shall pay and be jointly and severally liable for the payment of a monthly parking permit fee to the municipality. Such monthly parking permit fees shall be collected by the licensee, who is primarily liable for the payment thereof. The determination of the amount of such fee, the review thereof, and the enforcement of the payment and the disposition of such fee shall be in accordance with this Code of Ordinances.
(f)
After approval of such application in accordance with this article and before issuance of such license, the applicant shall cause to be filed a surety bond in the amount of $2,000.00 if the park contains 100 units or less, or $4,000.00 if the park contains more than 100 units. The bond shall guarantee the collection from the license of the monthly parking fee provided for in subsection (c) of this section and the payment of such fees to the village clerk.
(g)
Any person whose application for a license under this article has been denied may request and shall be granted a hearing on the matter before the village board body under the procedure provided by section 44-425.
(h)
Whenever, upon inspection of any mobile home park, the village board or its authorized agents finds that conditions or practices exist which are in violation of any provision of this article, the village board shall give notice, in writing, in accordance with section 44-425(a) to the person to whom the license was issued that, unless such conditions or practices are corrected with a reasonable period of time specified in the notice by the village board, the license shall be suspended. At the end of such period, the village board shall reinspect such mobile home park; and if such conditions or practices have not been corrected, they 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 operation of such mobile home park, except as provided in section 44-425(b).
(Code 2006, § 13-1-222)
(a)
The village board is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this article.
(b)
The village board and their authorized agents 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 article.
(c)
The village board and its authorized agents shall have the power to inspect the register containing a record of all residents of the mobile home park.
(d)
It shall be the duty of the park management to give the village board and its authorized agents free access to all lots at reasonable times for the purpose of inspection.
(e)
It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this article.
(Code 2006, § 13-1-223)
(a)
Notice of violation. The notice of violation procedure is as follows:
(1)
Whenever the village board determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, the village board may order the discontinuance of such violation and shall give notice of such alleged violation to the person to whom the permit or license was issued. Such notice shall:
a.
Be in writing.
b.
Include a statement for the reasons of its issuance.
c.
Allow a reasonable time for the performance of the act it requires.
d.
Contain an outline or remedial action which, if taken, will effect compliance with the provisions of this chapter.
(2)
Such notice and order shall have been properly served when a copy thereof has been sent by registered U.S. mail to the last registered post office of the permittee or licensee as registered with the village clerk or when the same has been personally served upon the attorney in fact of such permittee or licensee, or when the same shall have been served in any other manner as provided by the Wis. Stats. for the service of process.
(b)
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this article may request and shall be granted a hearing on the matter, before the village board; provided that such person shall file in the office of the village board a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day such notice or order is served.
(c)
The filing of the request for a hearing shall operate as a stay of the notice and of the order except in the case of an order issued under subsection (d) of this section. Upon receipt of such petition, the village board 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 why such notice and order should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed, or not later than ten days after the next regularly scheduled village board meeting, whichever date is the latest; provided that upon application of the petitioner the governing body 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.
(d)
Upon the expiration of the time required in such notice or order or after such hearing, as the case may be, the village board shall make findings as to the compliance with the provisions of this article and shall issue an order, in writing, sustaining, modifying or withdrawing the notice and order which shall be served as provided in subsection (a)(2) of this section. Upon failure to comply with such order, either as sustained or modified, the license of the mobile home park affected by the order may be suspended or revoked.
(e)
Whenever the village board or the village health officer finds that an emergency exists which requires immediate action to protect the public health, it or he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the village board shall be afforded a hearing as soon as possible.
(Code 2006, § 13-1-224)
(a)
Where the village board finds that compliance with provisions of this article would result in undue hardship, an exemption may be granted by the village board without impairing the intent and purpose of this article. Deviations from design, construction, and installation provisions shall be brought into compliance with this article within a reasonable period of time based on economic feasibility of improvement, nature, significance, and extent of time deviation, depreciation of material, improvement, layout in use, and other similar factors.
(b)
Such period shall begin after the village board has given notice of a certain and specific deviation from this article to the person to whom the permit or certification was issued.
(c)
Gradual improvements to a higher degree of conformity shall be permissive provided that there shall be complete conformity at the end of a period prescribed by the village board.
(Code 2006, § 13-1-225)
Any person making application for a permit to construct a mobile home park shall meet the following design and system requirements:
(1)
Environmental requirements. The environment requirements are as follows:
a.
Density. The maximum allowable density in a mobile home park development shall be six units or lots, per gross acre.
b.
Minimum lot size. Individual lots within the mobile home park must contain an area of not less than 4,500 square feet; individual lots shall be a minimum of 45 feet wide.
c.
Required separation between mobile homes. Mobile homes shall be separated from each other and from other buildings and structures by at least 15 feet. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, or porch attached to the mobile home shall, for purposes of separation requirements, be considered a part of the mobile home. Detached accessory structures shall be allowed only if included and approved as part of the original or revised mobile home park plan.
d.
Setback and buffer strips. The setback and buffer strip requirements are as follows:
1.
Each mobile home shall be located at least five feet from any mobile home lot line.
2.
There shall be a minimum distance of ten feet between the mobile home stand and abutting park street right-of-way.
3.
The mobile home stand shall be set back a minimum of 25 feet from public streets.
4.
All mobile homes shall be located at least 40 feet from any park property line, except where the adjoining property is also a mobile home park.
e.
Screening. The screening requirements are as follows:
1.
All mobile home parks shall be provided with screening of natural growth along the property boundary line separating the park and such adjacent properties, except where the adjoining property is also a mobile home park. The planting area shall have a minimum width of 15 feet. Within such a planting area, there shall be established within six months after issuance of the license for the occupation of such mobile home park the following plantings:
(i)
A temporary planting of fast-growing material capable of reaching a height of 15 feet or more, such as Lombardy Poplar.
(ii)
A permanent planting such as White or Norway Pine.
2.
The individual trees to be of such a number and so arranged what within ten years they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent planting shall be grown or maintained at a height of not less than 15 feet.
f.
Recreation areas. The recreation areas are as follows:
1.
In all mobile home parks there shall be one or more recreation areas which shall be easily accessible to all park residents.
2.
The size of such recreation areas shall be based upon a minimum of 200 square feet for each lot. No outdoor recreation area shall contain less than 2,500 feet.
3.
Recreation areas shall be located so as to be free of traffic hazards and should, where the topography permits, be centrally located.
g.
Allowable uses. The allowable uses in a mobile home park are as follows:
1.
Single-family mobile homes as defined by this article shall be allowed and any approved accessory structures included in the original plans and specifications or revisions thereof. Dependent mobile homes shall specifically be prohibited from placement within mobile home parks.
2.
Parks, playgrounds, and open space shall be allowed, as well as the following commercial uses when they are for the exclusive use of park residents:
(i)
Mobile home park office.
(ii)
Laundromat.
(iii)
Clubhouse and facilities for private social or recreation clubs.
3.
Signs pertaining to the lease, hire or sale of individual mobile homes, not more than two square feet in area shall be allowed, as well as one mobile home park identification sign not more than 50 square feet in area to be located in proximity to the park entrance.
(2)
Access requirements. The access requirements are as follows:
a.
General requirements. All mobile home parks 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.
b.
Park entrance. Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets.
c.
Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic and, in any case, shall meet the following minimum requirements:
1.
Roadway widths for all streets shall be 25 feet.
2.
Right-of-way width shall be 40 feet.
3.
Dead-end streets (culs-de-sac) shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 90 feet.
d.
Street construction and design standards. The standards for street construction and design are as follows:
1.
Pavements. 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. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base.
2.
Grades. Grades of all streets shall be sufficient to ensure adequate surface drainage but shall not be more than eight percent or less than 0.5 percent.
3.
Intersections. Within 100 feet of an intersection, streets shall be approximately right angles. A distance of at least 150 feet shall be maintained between centerlines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
e.
Parking requirements. On-street parking or parking in the street right-of-way shall be prohibited, except as provided in subsection (e)(4) of this section.
1.
Occupant parking. A minimum of two parking spaces shall be provided for occupant parking purposes. Such spaces shall be located upon the mobile home lot.
2.
Visitor parking. A minimum of one space for every four mobile home lots shall be provided for visitor parking purposes.
3.
Parking space. Each parking space shall contain a minimum of 200 square feet. The space shall be paved with a smooth, hard, and dense surface which shall be durable and well drained under normal use and weather conditions.
4.
Use of right-of-way for parking. In no instance shall the required street pavement width be used for parking purposes. The remaining right-of-way width, ten feet either side of the street pavement, may be used for parking purposes only if the spaces are perpendicular to the street.
5.
Parking restrictions. Parking of boats, trailers, campers, snowmobiles, or other similar vehicles shall be restricted to an area provided by the park management specifically for said purpose.
f.
Walkways. All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable, and convenient to maintain, between individual mobile homes, the park streets, and all community facilities provided for park residents. Sudden changes in alignment and gradient should be avoided.
1.
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 3½ feet.
2.
Individual walks. All mobile home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connected to a paved street or roadway. Such individual walks shall have a minimum width of two feet.
(3)
Mobile home stand. The requirements for a mobile home stand are as follows:
a.
For the purpose of this article, the term "mobile home stand" means an area 15 feet by 70 feet. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation, and overturning.
b.
The mobile home stand shall not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces acting on the structure.
c.
The mobile home stand shall be provided with anchors and tiedowns such as cast-in-place concrete dead-men eyelets embedded in concrete foundations or runway screw augers, arrowhead anchors, or other devices securing the stability of the mobile home.
d.
Anchors and tiedowns shall be placed at least at each corner of the mobile home stand, and each shall be able to sustain a minimum tensile strength of 2,800 pounds.
(4)
Site suitability and stormwater drainage. The site suitability and stormwater drainage requirements are as follows:
a.
General conditions. 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, noise, odors, or other adverse influences; and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.
b.
Soil and ground cover requirements. Exposed ground surfaces in all parts of the mobile home park that are not paved, covered with stone screenings, or other solid material shall be protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
c.
Site drainage requirements. 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.
(5)
Water supply and distribution system. An adequate, safe, and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available at the site or at the boundary of the site, connection shall be made thereto and its supply used exclusively. When a satisfactory water supply is not available, a private water supply system may be developed and used as approved by the public service commission (Wis. Admin. Code ch. PSC 184) and the Department of Health and Social Services (Wis. Admin. Code § H 82.18).
(6)
Sewage disposal system. An adequate, safe sewer system shall be provided within all mobile home parks for conveying all sewage. The mobile home park sewer system shall make connection to the public sewerage system at the boundary of the site and shall use its disposal and treatment services exclusively. The mobile home park sewer system shall be constructed and maintained according to standards set by the department of health and social services (Wis. Admin. Code § H 82.04).
(7)
Refuse storage and collection system. The requirements for a refuse storage and collection system are as follows:
a.
The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect-breeding areas, accident or fire hazards, or air pollution.
b.
All refuse shall be stored in flytight, watertight, and rodentproof containers which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.
c.
Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleansing around them.
d.
All refuse containing garbage shall be collected at regular intervals. Where suitable collection service is not available from public or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.
e.
In no instance may disposal of the waste be carried out through incineration on the mobile home park site.
(8)
Public utility systems. All utility service systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
a.
Public utility service outlets shall be provided at each mobile home stand for electric, telephone, gas (if provided), and television antenna service systems.
b.
All utility service lines shall be located underground within the mobile home park.
c.
Each mobile home park shall have only one television antenna that shall serve for all park residents.
(9)
Street and public walkway illumination requirements. The illumination requirements for streets and public walkways are as follows:
a.
All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
1.
All parts of the park street system, a minimum of 0.2 average maintained footcandles;
2.
All parts of the public walkway system, a minimum of 0.3 average maintained footcandles;
3.
Potentially hazardous locations, such a street intersections and steps or stepped ramps shall be lighted directly with a luminaire.
b.
All street or walkway light poles shall be decorative in nature (decorative is defined here as a pole made of concrete, aluminum, steel, or laminated wood rather than the traditional wood utility pole).
(10)
Fire protection. The following are the fire protection requirements:
a.
Mobile home parks shall be kept free of litter, rubbish, and other flammable materials.
b.
Portable fire extinguisher rated for Class B and Class C fires shall be kept in service buildings and shall be maintained in good operating condition. Their capacity shall no be less than 2½ pounds.
c.
Fires shall be made only in barbecue pits, fireplaces, stoves, or other equipment intended for such purposes. Incinerators for the specific purpose of burning refuse shall be prohibited.
d.
Cooking shelters, barbecue pits, fireplaces, and woodburing stoves shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisances, both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used which emits dense smoke or objectionable odors.
e.
Fire hydrants shall be installed if the park water supply system is capable of serving them in accordance with the following requirements:
1.
The water supply system shall permit the operation of a minimum of two 1½-inch hose streams.
2.
Each of two nozzles, held four feet above the ground, shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation point of the park.
f.
Fire hydrants, if provided, shall be located within 500 feet of any mobile home, service building, or other structure in the park.
(Code 2006, § 13-1-226)
(a)
The person to whom a license for a mobile home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition.
(b)
The park management shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities under this article.
(c)
The park management shall supervise the placement of each mobile home on its mobile home stand which includes securing its stability and installing all utility connections.
(d)
The park management shall maintain a register containing the names of all park occupants identified by lot number or street address, the motor vehicle license numbers, and the places of employment. A copy of such register, listing all of such information and all monthly changes as of the first day of each month shall be mailed to the village clerk by the park management on or before the tenth day of each month.
(e)
The park management shall notify the governing body immediately of any suspected communicable or contagious disease within the park.
(f)
In every mobile home park, the park management shall locate an office for the attendant or person in charge of said park. A copy of the park license and this article shall be posted therein, and the park register at all times be kept in said office.
(g)
The park management shall collect the monthly parking permit fee required by this article. An account shall be kept showing the names of persons paying said service charges and the amount paid.
(Code 2006, § 13-1-227)
(a)
The park occupant shall comply with all applicable requirements of this article and shall maintain his mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
(b)
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.
(c)
Pets, if permitted in the park, shall be prohibited to run at large or to commit any nuisance within the limits of any mobile home lot.
(d)
The undercarriage, supports, and stabilizing devices of the mobile home shall be skirted to maintain an attractive community appearance.
(e)
Porches, awning, and other additions shall be installed only if permitted and approved by the park management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home shall be used for storage only if permitted by the park management. If permitted, the following conditions shall be satisfied:
(1)
The storage area shall be provided with a base of impervious material.
(2)
Stored items shall be located so as not to interfere with the underneath inspection of the mobile home.
(3)
The storage area shall be enclosed by skirting.
(f)
The park occupant shall store and dispose of all his rubbish and garbage in a clean, sanitary, and safe manner. The garbage container shall be rodentproof, insectproof, and watertight.
(g)
First aid fire extinguishers for Class B and Class C fires shall be kept at the premises and maintained in working condition.
(Code 2006, § 13-1-229)
(a)
It shall be unlawful for any person to park any mobile home on any public roadway or other public place or on any tract of land owned by any person, except as licensed for mobile home park place or on any tract of land owned by any person, except as licensed for mobile home park use in compliance with this article or except as provided in subsections (b) and (c) of this section.
(b)
Emergency or temporary stopping or parking is permitted on any public roadway for not longer than one hour subject to any other and further prohibitions imposed by the traffic and parking regulations or ordinances for that public roadway.
(c)
Special permit required for mobile home not within mobile home park.
(1)
The village board may issue a special written permit allowing the location and occupancy of a mobile home outside of a mobile home park upon a showing of hardship and/or immediate necessity by the applicant. The permit shall be issued for a period not to exceed 90 days for one premises in any 12-month period nor for more than one mobile home on any one premises.
(2)
The special permit shall only be granted upon the written consent of the owner, legal agent of the owner, or the lessee of the location for which the special permit is issued.
(d)
Application for the permit shall be made to the village clerk and shall be accompanied by an inspection fee of $5.00. The application shall contain the following information:
(1)
The name and permanent address of the occupants;
(2)
The license number of the mobile home and towing vehicle;
(3)
The intended purpose of stay at requested location;
(4)
The exact location of the premises;
(5)
Documentation of the owner's and/or occupant's permission to locate on the premises;
(6)
A statement of the nature and location of sanitary facilities;
(7)
Written permission from the occupant of the dwelling house for use of sanitary facilities;
(8)
A statement that all wastes from mobile home occupancy will be disposed of in a sanitary manner; and
(9)
If the location is a vacant lot or parcel of land, a statement indicating the nature and location of sanitary facilities and source of water supply, that these facilities are within 200 feet of the mobile home, and that the owner has given permission for their use.
(e)
All occupied mobile homes not located in a mobile home park shall be subject to the monthly parking fee established in section 44-423(e).
(Code 2006, § 13-1-229)
MOBILE HOMES
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The definitions contained in Wis. Stats. § 66.058 shall also be applicable.
Accessory structures means all structures constructed on a mobile home lot apart from the basic mobile home unit and shall include awnings, cabanas, storage cabinets (or sheds), carports, windbreaks, attached porches, and garages.
Common area means any area or space designed for joint use of tenants occupying the mobile home park.
Dependent mobile home means a mobile home which does not have complete bathroom facilities.
Driveway means a minor private way used by vehicles and pedestrians on a mobile home lot or used for common access to a small group of lots or facilities.
License means a written license issued by the village allowing a person to operate and maintain a mobile home park under the provisions of this article and regulations issued hereunder.
Lot area means the total area reserved for exclusive use of the occupants of a mobile home.
Mobile home lot means a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
Mobile home park means a parcel of land which has been developed for the placement of mobile homes and is owned by an individual, a firm, trust, partnership, public or private association, or corporation.
Mobile home stand means that part of an individual lot which has been reserved for the placement of one mobile home unit.
Nondependent mobile home. See Residential mobile home.
Park management means the person who owns or has charge, care, or control of the mobile home park.
Park street means a private way which affords principal means of access to individual mobile home lots or auxiliary buildings.
Permit means a written permit or certification issued by the village permitting the construction, alteration, and extension of a mobile home park under the provisions of this article and regulations issued hereunder.
Residential mobile home means a single-family dwelling built on or after October 1, 1974, in accordance with the ANSI Code (American National Standards Institute) or in accordance with the HUD Code (Housing and Urban Development), both of which govern the heating and cooling systems, electrical systems, fire safety, body and frame construction, thermal protections and plumbing systems. All said homes shall bear the proper approved state insignia as required by the Wis. Admin. Code §§ COMM 20.12—20.17. The term "mobile home" means any coach, cabin, trailer, house car or other structure which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped or used for sleeping, eating or living quarters or as a place of business, or is intended to be so used, whether mounted upon wheels or supports or capable of being moved by its owner power or transported by another vehicle, and includes any additions, attachments, foundations, annexes and appurtenances thereto.
Tenant storage area means an enclosed space designed to provide auxiliary general storage space for an individual mobile home.
(Code 2006, § 13-1-220)
(a)
Required. It shall be unlawful for any person to construct, alter, or extend mobile home park within the limits of the village 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.
(b)
Applications. All applications to the village board for permits shall be filed with the village clerk, reviewed by the plan commission, and shall contain the following:
(1)
The name and address of applicant;
(2)
The location and legal description of the mobile home park;
(3)
The complete 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 the common areas;
c.
The location and width of roadways and walkways;
d.
The location of the mobile home stand within the mobile home lot;
e.
The plans and specifications of all utilities including; sewage collection and disposal, stormwater drainage, water distribution and supply, refuse storage and collection, lighting, electrical, telephone and television antenna systems;
f.
The landscaping plans for the entire park, including a planting plan for the buffer strip;
g.
The plans and specifications of all buildings to be located within the park;
h.
Such other plans and specifications and information as may reasonably be required by the village board.
(c)
Minimum size. No permit shall be issued for the construction of a mobile home park unless said development shall contain a minimum number of 75 mobile home lots, except in the case of addition to, or extension of, a contiguous mobile home park in which case the minimum requirement shall be 30 lots.
(d)
Requirements. No permit shall be issued for the construction, alteration, or extension of any mobile home park unless said development, as determined by the village board, shall meet the following requirements:
(1)
The village board shall determine that the proposed mobile housing development would not cause school costs to increase above the state average.
(2)
The village board shall determine that the proposed mobile housing development would not cause to the village an exceedingly difficult situation with regards to providing adequate and proper sewage disposal in the particular area, not cause to the village an exceedingly difficult or impossible situation with regards to providing all other adequate and proper municipal services in the particular area.
(3)
The village board shall determine that the proposed mobile housing development shall be located on premises duly and properly zoned MH mobile home district.
(e)
Fees. All applications for a permit shall be accompanied by the deposit of a fee of $2.00 for each mobile home lot proposed, plus normal construction permit fees for any buildings to be included in the mobile home park.
(f)
Approval. When, upon review of the application, the village board is satisfied that the proposed plan meets the requirements of this article, a permit shall be issued.
(g)
Appeals. Any person whose application for a permit under this article has been denied may request and shall be granted a hearing on the matter before the village board under the procedure provided by article XIV of this chapter.
(Code 2006, § 13-1-221)
(a)
It shall be unlawful for any person to operate any mobile home park within the limits of the village unless he holds a valid license issued annually by the village board in the name of such person for the specific mobile home park. All applications for licenses shall be made to the village board who shall issue a license upon compliance by the applicant with provisions of this article. There shall be a minimum of 30 mobile home lots, with stands, completed and ready for occupancy before a license shall be issued to operate and occupy a mobile home park.
(b)
Every person holding a license shall give notice in writing to the village board within three days after having sold, transferred, given away, or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application, in writing, for transfer of the license and deposit of a fee of $10.00, the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this article.
(c)
Application for original licenses shall be, in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by the deposit of a fee of $25.00, or $2.00 per mobile home lot, whichever is greater, and shall contain:
(1)
The name and address of the applicant;
(2)
The location and legal description of the mobile home park; and
(3)
A site plan of the mobile home park showing all mobile home lots, structures, roads, walkways, and other service facilities as required by section 44-422(b).
(d)
Applications for renewals of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit of a fee of $25.00, or $2.00 per mobile home lot, whichever is greater, and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
(e)
In addition to the license fee required in this section, the licensee, or the owner, or the occupant of every mobile home shall pay and be jointly and severally liable for the payment of a monthly parking permit fee to the municipality. Such monthly parking permit fees shall be collected by the licensee, who is primarily liable for the payment thereof. The determination of the amount of such fee, the review thereof, and the enforcement of the payment and the disposition of such fee shall be in accordance with this Code of Ordinances.
(f)
After approval of such application in accordance with this article and before issuance of such license, the applicant shall cause to be filed a surety bond in the amount of $2,000.00 if the park contains 100 units or less, or $4,000.00 if the park contains more than 100 units. The bond shall guarantee the collection from the license of the monthly parking fee provided for in subsection (c) of this section and the payment of such fees to the village clerk.
(g)
Any person whose application for a license under this article has been denied may request and shall be granted a hearing on the matter before the village board body under the procedure provided by section 44-425.
(h)
Whenever, upon inspection of any mobile home park, the village board or its authorized agents finds that conditions or practices exist which are in violation of any provision of this article, the village board shall give notice, in writing, in accordance with section 44-425(a) to the person to whom the license was issued that, unless such conditions or practices are corrected with a reasonable period of time specified in the notice by the village board, the license shall be suspended. At the end of such period, the village board shall reinspect such mobile home park; and if such conditions or practices have not been corrected, they 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 operation of such mobile home park, except as provided in section 44-425(b).
(Code 2006, § 13-1-222)
(a)
The village board is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this article.
(b)
The village board and their authorized agents 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 article.
(c)
The village board and its authorized agents shall have the power to inspect the register containing a record of all residents of the mobile home park.
(d)
It shall be the duty of the park management to give the village board and its authorized agents free access to all lots at reasonable times for the purpose of inspection.
(e)
It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this article.
(Code 2006, § 13-1-223)
(a)
Notice of violation. The notice of violation procedure is as follows:
(1)
Whenever the village board determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, the village board may order the discontinuance of such violation and shall give notice of such alleged violation to the person to whom the permit or license was issued. Such notice shall:
a.
Be in writing.
b.
Include a statement for the reasons of its issuance.
c.
Allow a reasonable time for the performance of the act it requires.
d.
Contain an outline or remedial action which, if taken, will effect compliance with the provisions of this chapter.
(2)
Such notice and order shall have been properly served when a copy thereof has been sent by registered U.S. mail to the last registered post office of the permittee or licensee as registered with the village clerk or when the same has been personally served upon the attorney in fact of such permittee or licensee, or when the same shall have been served in any other manner as provided by the Wis. Stats. for the service of process.
(b)
Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this article may request and shall be granted a hearing on the matter, before the village board; provided that such person shall file in the office of the village board a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day such notice or order is served.
(c)
The filing of the request for a hearing shall operate as a stay of the notice and of the order except in the case of an order issued under subsection (d) of this section. Upon receipt of such petition, the village board 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 why such notice and order should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed, or not later than ten days after the next regularly scheduled village board meeting, whichever date is the latest; provided that upon application of the petitioner the governing body 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.
(d)
Upon the expiration of the time required in such notice or order or after such hearing, as the case may be, the village board shall make findings as to the compliance with the provisions of this article and shall issue an order, in writing, sustaining, modifying or withdrawing the notice and order which shall be served as provided in subsection (a)(2) of this section. Upon failure to comply with such order, either as sustained or modified, the license of the mobile home park affected by the order may be suspended or revoked.
(e)
Whenever the village board or the village health officer finds that an emergency exists which requires immediate action to protect the public health, it or he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the village board shall be afforded a hearing as soon as possible.
(Code 2006, § 13-1-224)
(a)
Where the village board finds that compliance with provisions of this article would result in undue hardship, an exemption may be granted by the village board without impairing the intent and purpose of this article. Deviations from design, construction, and installation provisions shall be brought into compliance with this article within a reasonable period of time based on economic feasibility of improvement, nature, significance, and extent of time deviation, depreciation of material, improvement, layout in use, and other similar factors.
(b)
Such period shall begin after the village board has given notice of a certain and specific deviation from this article to the person to whom the permit or certification was issued.
(c)
Gradual improvements to a higher degree of conformity shall be permissive provided that there shall be complete conformity at the end of a period prescribed by the village board.
(Code 2006, § 13-1-225)
Any person making application for a permit to construct a mobile home park shall meet the following design and system requirements:
(1)
Environmental requirements. The environment requirements are as follows:
a.
Density. The maximum allowable density in a mobile home park development shall be six units or lots, per gross acre.
b.
Minimum lot size. Individual lots within the mobile home park must contain an area of not less than 4,500 square feet; individual lots shall be a minimum of 45 feet wide.
c.
Required separation between mobile homes. Mobile homes shall be separated from each other and from other buildings and structures by at least 15 feet. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, or porch attached to the mobile home shall, for purposes of separation requirements, be considered a part of the mobile home. Detached accessory structures shall be allowed only if included and approved as part of the original or revised mobile home park plan.
d.
Setback and buffer strips. The setback and buffer strip requirements are as follows:
1.
Each mobile home shall be located at least five feet from any mobile home lot line.
2.
There shall be a minimum distance of ten feet between the mobile home stand and abutting park street right-of-way.
3.
The mobile home stand shall be set back a minimum of 25 feet from public streets.
4.
All mobile homes shall be located at least 40 feet from any park property line, except where the adjoining property is also a mobile home park.
e.
Screening. The screening requirements are as follows:
1.
All mobile home parks shall be provided with screening of natural growth along the property boundary line separating the park and such adjacent properties, except where the adjoining property is also a mobile home park. The planting area shall have a minimum width of 15 feet. Within such a planting area, there shall be established within six months after issuance of the license for the occupation of such mobile home park the following plantings:
(i)
A temporary planting of fast-growing material capable of reaching a height of 15 feet or more, such as Lombardy Poplar.
(ii)
A permanent planting such as White or Norway Pine.
2.
The individual trees to be of such a number and so arranged what within ten years they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent planting shall be grown or maintained at a height of not less than 15 feet.
f.
Recreation areas. The recreation areas are as follows:
1.
In all mobile home parks there shall be one or more recreation areas which shall be easily accessible to all park residents.
2.
The size of such recreation areas shall be based upon a minimum of 200 square feet for each lot. No outdoor recreation area shall contain less than 2,500 feet.
3.
Recreation areas shall be located so as to be free of traffic hazards and should, where the topography permits, be centrally located.
g.
Allowable uses. The allowable uses in a mobile home park are as follows:
1.
Single-family mobile homes as defined by this article shall be allowed and any approved accessory structures included in the original plans and specifications or revisions thereof. Dependent mobile homes shall specifically be prohibited from placement within mobile home parks.
2.
Parks, playgrounds, and open space shall be allowed, as well as the following commercial uses when they are for the exclusive use of park residents:
(i)
Mobile home park office.
(ii)
Laundromat.
(iii)
Clubhouse and facilities for private social or recreation clubs.
3.
Signs pertaining to the lease, hire or sale of individual mobile homes, not more than two square feet in area shall be allowed, as well as one mobile home park identification sign not more than 50 square feet in area to be located in proximity to the park entrance.
(2)
Access requirements. The access requirements are as follows:
a.
General requirements. All mobile home parks 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.
b.
Park entrance. Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets.
c.
Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic and, in any case, shall meet the following minimum requirements:
1.
Roadway widths for all streets shall be 25 feet.
2.
Right-of-way width shall be 40 feet.
3.
Dead-end streets (culs-de-sac) shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 90 feet.
d.
Street construction and design standards. The standards for street construction and design are as follows:
1.
Pavements. 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. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base.
2.
Grades. Grades of all streets shall be sufficient to ensure adequate surface drainage but shall not be more than eight percent or less than 0.5 percent.
3.
Intersections. Within 100 feet of an intersection, streets shall be approximately right angles. A distance of at least 150 feet shall be maintained between centerlines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
e.
Parking requirements. On-street parking or parking in the street right-of-way shall be prohibited, except as provided in subsection (e)(4) of this section.
1.
Occupant parking. A minimum of two parking spaces shall be provided for occupant parking purposes. Such spaces shall be located upon the mobile home lot.
2.
Visitor parking. A minimum of one space for every four mobile home lots shall be provided for visitor parking purposes.
3.
Parking space. Each parking space shall contain a minimum of 200 square feet. The space shall be paved with a smooth, hard, and dense surface which shall be durable and well drained under normal use and weather conditions.
4.
Use of right-of-way for parking. In no instance shall the required street pavement width be used for parking purposes. The remaining right-of-way width, ten feet either side of the street pavement, may be used for parking purposes only if the spaces are perpendicular to the street.
5.
Parking restrictions. Parking of boats, trailers, campers, snowmobiles, or other similar vehicles shall be restricted to an area provided by the park management specifically for said purpose.
f.
Walkways. All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable, and convenient to maintain, between individual mobile homes, the park streets, and all community facilities provided for park residents. Sudden changes in alignment and gradient should be avoided.
1.
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 3½ feet.
2.
Individual walks. All mobile home stands shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connected to a paved street or roadway. Such individual walks shall have a minimum width of two feet.
(3)
Mobile home stand. The requirements for a mobile home stand are as follows:
a.
For the purpose of this article, the term "mobile home stand" means an area 15 feet by 70 feet. The area of the mobile home stand shall be improved to provide adequate support for the placement and tie down of the mobile home, thereby securing the superstructure against uplift, sliding, rotation, and overturning.
b.
The mobile home stand shall not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces acting on the structure.
c.
The mobile home stand shall be provided with anchors and tiedowns such as cast-in-place concrete dead-men eyelets embedded in concrete foundations or runway screw augers, arrowhead anchors, or other devices securing the stability of the mobile home.
d.
Anchors and tiedowns shall be placed at least at each corner of the mobile home stand, and each shall be able to sustain a minimum tensile strength of 2,800 pounds.
(4)
Site suitability and stormwater drainage. The site suitability and stormwater drainage requirements are as follows:
a.
General conditions. 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, noise, odors, or other adverse influences; and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.
b.
Soil and ground cover requirements. Exposed ground surfaces in all parts of the mobile home park that are not paved, covered with stone screenings, or other solid material shall be protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.
c.
Site drainage requirements. 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.
(5)
Water supply and distribution system. An adequate, safe, and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality, and pressure is available at the site or at the boundary of the site, connection shall be made thereto and its supply used exclusively. When a satisfactory water supply is not available, a private water supply system may be developed and used as approved by the public service commission (Wis. Admin. Code ch. PSC 184) and the Department of Health and Social Services (Wis. Admin. Code § H 82.18).
(6)
Sewage disposal system. An adequate, safe sewer system shall be provided within all mobile home parks for conveying all sewage. The mobile home park sewer system shall make connection to the public sewerage system at the boundary of the site and shall use its disposal and treatment services exclusively. The mobile home park sewer system shall be constructed and maintained according to standards set by the department of health and social services (Wis. Admin. Code § H 82.04).
(7)
Refuse storage and collection system. The requirements for a refuse storage and collection system are as follows:
a.
The storage, collection, and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect-breeding areas, accident or fire hazards, or air pollution.
b.
All refuse shall be stored in flytight, watertight, and rodentproof containers which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse.
c.
Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration, and to facilitate cleansing around them.
d.
All refuse containing garbage shall be collected at regular intervals. Where suitable collection service is not available from public or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.
e.
In no instance may disposal of the waste be carried out through incineration on the mobile home park site.
(8)
Public utility systems. All utility service systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
a.
Public utility service outlets shall be provided at each mobile home stand for electric, telephone, gas (if provided), and television antenna service systems.
b.
All utility service lines shall be located underground within the mobile home park.
c.
Each mobile home park shall have only one television antenna that shall serve for all park residents.
(9)
Street and public walkway illumination requirements. The illumination requirements for streets and public walkways are as follows:
a.
All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
1.
All parts of the park street system, a minimum of 0.2 average maintained footcandles;
2.
All parts of the public walkway system, a minimum of 0.3 average maintained footcandles;
3.
Potentially hazardous locations, such a street intersections and steps or stepped ramps shall be lighted directly with a luminaire.
b.
All street or walkway light poles shall be decorative in nature (decorative is defined here as a pole made of concrete, aluminum, steel, or laminated wood rather than the traditional wood utility pole).
(10)
Fire protection. The following are the fire protection requirements:
a.
Mobile home parks shall be kept free of litter, rubbish, and other flammable materials.
b.
Portable fire extinguisher rated for Class B and Class C fires shall be kept in service buildings and shall be maintained in good operating condition. Their capacity shall no be less than 2½ pounds.
c.
Fires shall be made only in barbecue pits, fireplaces, stoves, or other equipment intended for such purposes. Incinerators for the specific purpose of burning refuse shall be prohibited.
d.
Cooking shelters, barbecue pits, fireplaces, and woodburing stoves shall be so located, constructed, maintained, and used as to minimize fire hazards and smoke nuisances, both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used which emits dense smoke or objectionable odors.
e.
Fire hydrants shall be installed if the park water supply system is capable of serving them in accordance with the following requirements:
1.
The water supply system shall permit the operation of a minimum of two 1½-inch hose streams.
2.
Each of two nozzles, held four feet above the ground, shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation point of the park.
f.
Fire hydrants, if provided, shall be located within 500 feet of any mobile home, service building, or other structure in the park.
(Code 2006, § 13-1-226)
(a)
The person to whom a license for a mobile home park is issued shall operate the park in compliance with this article and shall provide adequate supervision to maintain the park, its facilities, and equipment in good repair and in a clean and sanitary condition.
(b)
The park management shall notify park occupants of all applicable provisions of this article and inform them of their duties and responsibilities under this article.
(c)
The park management shall supervise the placement of each mobile home on its mobile home stand which includes securing its stability and installing all utility connections.
(d)
The park management shall maintain a register containing the names of all park occupants identified by lot number or street address, the motor vehicle license numbers, and the places of employment. A copy of such register, listing all of such information and all monthly changes as of the first day of each month shall be mailed to the village clerk by the park management on or before the tenth day of each month.
(e)
The park management shall notify the governing body immediately of any suspected communicable or contagious disease within the park.
(f)
In every mobile home park, the park management shall locate an office for the attendant or person in charge of said park. A copy of the park license and this article shall be posted therein, and the park register at all times be kept in said office.
(g)
The park management shall collect the monthly parking permit fee required by this article. An account shall be kept showing the names of persons paying said service charges and the amount paid.
(Code 2006, § 13-1-227)
(a)
The park occupant shall comply with all applicable requirements of this article and shall maintain his mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
(b)
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.
(c)
Pets, if permitted in the park, shall be prohibited to run at large or to commit any nuisance within the limits of any mobile home lot.
(d)
The undercarriage, supports, and stabilizing devices of the mobile home shall be skirted to maintain an attractive community appearance.
(e)
Porches, awning, and other additions shall be installed only if permitted and approved by the park management. When installed, they shall be maintained in good repair. The space immediately underneath a mobile home shall be used for storage only if permitted by the park management. If permitted, the following conditions shall be satisfied:
(1)
The storage area shall be provided with a base of impervious material.
(2)
Stored items shall be located so as not to interfere with the underneath inspection of the mobile home.
(3)
The storage area shall be enclosed by skirting.
(f)
The park occupant shall store and dispose of all his rubbish and garbage in a clean, sanitary, and safe manner. The garbage container shall be rodentproof, insectproof, and watertight.
(g)
First aid fire extinguishers for Class B and Class C fires shall be kept at the premises and maintained in working condition.
(Code 2006, § 13-1-229)
(a)
It shall be unlawful for any person to park any mobile home on any public roadway or other public place or on any tract of land owned by any person, except as licensed for mobile home park place or on any tract of land owned by any person, except as licensed for mobile home park use in compliance with this article or except as provided in subsections (b) and (c) of this section.
(b)
Emergency or temporary stopping or parking is permitted on any public roadway for not longer than one hour subject to any other and further prohibitions imposed by the traffic and parking regulations or ordinances for that public roadway.
(c)
Special permit required for mobile home not within mobile home park.
(1)
The village board may issue a special written permit allowing the location and occupancy of a mobile home outside of a mobile home park upon a showing of hardship and/or immediate necessity by the applicant. The permit shall be issued for a period not to exceed 90 days for one premises in any 12-month period nor for more than one mobile home on any one premises.
(2)
The special permit shall only be granted upon the written consent of the owner, legal agent of the owner, or the lessee of the location for which the special permit is issued.
(d)
Application for the permit shall be made to the village clerk and shall be accompanied by an inspection fee of $5.00. The application shall contain the following information:
(1)
The name and permanent address of the occupants;
(2)
The license number of the mobile home and towing vehicle;
(3)
The intended purpose of stay at requested location;
(4)
The exact location of the premises;
(5)
Documentation of the owner's and/or occupant's permission to locate on the premises;
(6)
A statement of the nature and location of sanitary facilities;
(7)
Written permission from the occupant of the dwelling house for use of sanitary facilities;
(8)
A statement that all wastes from mobile home occupancy will be disposed of in a sanitary manner; and
(9)
If the location is a vacant lot or parcel of land, a statement indicating the nature and location of sanitary facilities and source of water supply, that these facilities are within 200 feet of the mobile home, and that the owner has given permission for their use.
(e)
All occupied mobile homes not located in a mobile home park shall be subject to the monthly parking fee established in section 44-423(e).
(Code 2006, § 13-1-229)