Residential-Mobile Home (R-MH) Zoning Districts may hereafter be established by amendments to the Official Zoning Map in any district previously classified as residential in accordance with the procedures, requirements and limitations set forth in this article. Within such districts, mobile homes, with such additional supporting uses and occupancies as are permitted herein, may be established subject to the requirements and limitations set forth in these and other regulations.

It is the intent of this article to recognize mobile homes constructed prior to October 1, 1974, 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. Mobile homes meeting the requirements of the One- and Two-Family Dwelling Code[1] shall not be permitted in a Residential-Mobile Home (R-MH) District except as a conditional use. Permits may be obtained only after approval by the Village Board, after a recommendation from the Plan Commission.

No person shall park, locate or place any mobile home outside of a licensed mobile home community in the Village of Luck, except that unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for the purpose of sales display; on the lawfully situated premises of a vehicle service business for the purpose of servicing or making necessary repairs; on the premises leased or owned by the owner of such mobile home for the purpose of sales display for a period not exceeding 120 days, provided that no business is carried on therein; or in an accessory private garage, building or rear yard of the owner of such mobile home, provided that no business is carried on therein.

The following definitions are used in this article:

Statutory definitions. In addition to the above definitions, definitions contained in § 66.0435, Wis. Stats., shall also be applicable.

Mobile homes legally located and occupied on premises outside a licensed mobile home community prior to the enactment of this chapter may be continued in such location, provided that the owner of the premises on which such unit is located shall apply to the Village Clerk-Treasurer within 60 days after the original effective date of this chapter for a use permit showing the date on which such use and occupancy commenced, the names of the owner and occupants and that such use and occupancy are otherwise in conformity with the applicable laws and regulations of the state and Village. Such nonconforming use shall be automatically terminated upon a discontinuance for any reason for 12 consecutive months or if the total structural repairs and alterations to the mobile home exceed 50% of the net value.

The owner or occupant of a mobile home shall, within five days after entering of a licensed mobile home community or removing to another community within the Village, obtain a permit from the Village Clerk-Treasurer. Such permits shall be issued only for mobile homes which bear a seal, stamp or certificate of the manufacturer guaranteeing that the mobile home is constructed in accordance with the standards of the American National Standards Institute Book A 119.1, as originally existing, or, if amended, as amended.

Nothing herein shall prevent the owner of a mobile home under Subsection A hereof from replacing the mobile home with a newer model, provided that the replacement unit meets all applicable standards of construction in the industry existing as of the date of replacement, not at the date of manufacture of the replacement unit.

Where an R-MH District is to be established for the development of a single mobile home community only, minimum area shall be 10 acres. Minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 25% of total units permitted on zoned site.

These limitations shall not apply where expansion of an existing mobile home community is concerned and where such expansion will not increase variation from requirements applying to mobile home communities, as set forth herein.

Permitted principal uses and structures. The following principal uses and structures are permitted within R-MH Districts: one-family detached mobile homes (residential mobile home). In mobile home communities, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted, but dwellings may be sold on lots they occupy in residential use.

Permitted accessory uses and structures. Uses and structures that are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted, except for those requiring specific approval as provided below.

No person shall construct, alter, modify or extend any mobile home community or mobile home community building or facility within the limits of the Village without first securing a mobile home community developer's permit from the Village. Such permits shall be issued by the Village Clerk-Treasurer upon approval by the governing body.

Application for a mobile home community developer's permit shall be filed with the Village Clerk-Treasurer with sufficient copies for the Clerk-Treasurer to forward one to each of the Building Inspector, Fire Chief and Police Chief, who shall investigate and review said application to determine whether the applicant, the premises on which said community will be located and the proposed design and specifications thereof and all buildings proposed to be constructed thereon will comply with the applicable regulations, ordinances and laws of the state and Village and report their findings in writing to the governing body within 60 days. Such reports shall be considered by the governing body before any permit is issued hereunder. Failure of any officer or body to report within the allotted time shall be deemed a favorable recommendation.

Application for mobile home community developer's permit shall be accompanied by a fee set by the Village Board to cover the cost of investigation and processing, plus regular building permit fees for all buildings or structures to be erected within the proposed community.[1]

Applications shall be made on forms furnished by the Village Clerk-Treasurer and shall include the following information:

Final engineering plans and specifications complying with the provisions of this article and the zoning regulations and any modifications or conditions imposed by the governing body shall be submitted to the Village Clerk-Treasurer and checked by the proper municipal officials for compliance before the permit is issued.[3]

Chapter SPS 326, Wis. Adm. Code, as now existing or hereafter amended, is hereby made a part of this section and incorporated herein by reference as if fully set forth, except that such regulations shall not be deemed to modify any requirement of this article or any other applicable law or ordinance of the state or Village.

The maximum number of mobile home spaces shall be 10 per acre, and individual spaces shall not be less than 4,350 square feet in area and shall be arranged to afford ample area for a variety of units and a setback of 40 feet from all public rights-of-way and 10 feet from any community drive or common area, including common parking areas, 10 feet from all community boundary lines, and 15 feet from any other unit, building or structure. Accessory structures, such as awnings, cabanas, storage cabinets, carports, windbreaks or attached porches, shall be considered part of the unit for purposes of determining compliance with this provision. The minimum size of a mobile home community shall be 10 acres; the minimum dimensions of a mobile home site shall be 50 feet wide by 85 feet long; all drives, parking areas and walkways shall be hard-surfaced; there shall be a minimum yard setback of 40 feet at all lot lines of the mobile home community; no mobile home site shall be rented for a period of less than 30 days; and there shall be two surfaced automobile parking spaces for each mobile home.[1]

No mobile home community shall be laid out, constructed or operated without Village water supply and sanitary sewer service. All water or sanitary sewer facilities in any unit not connected with public water or sewer systems by approved pipe connections shall be sealed and their use is hereby declared unlawful.

Individual valved water service connections shall be provided for direct use of each unit, so constructed and installed that they will not be damaged by frost or parking of the unit. Water systems shall be adequate to provide a pure, potable water supply of six gallons per minute at a minimum pressure of 20 psi and capable of furnishing a minimum of 150 gallons per unit per day. Fire hydrants shall be installed within 500 feet of every mobile home stand and community building.

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.

Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the Health Officer and Fire Chief. Open burning of waste or refuse is prohibited.

All television cable systems, electrical and telephone distribution lines and oil or gas piping serving the community 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.

Each space shall be provided with a weatherproof electrical overcurrent protection device, disconnect means and branch service of not less than 60 amperes for two-hundred-twenty-volt service located adjacent to the water and sewerage outlets. Receptacles shall be of the four-pole four-wire grounding type and have a four-prong attachment for 110 to 220 volts.

A minimum of two off-street parking spaces surfaced with bituminous concrete or similar material capable of carrying a wheel load of 4,000 pounds shall be provided for each mobile home space.

Condition of soil, groundwater level, drainage and topography shall not create hazards to the property, health or safety of occupants of mobile home spaces or living units. 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 within or without the community to hazards.

Exposed ground surfaces in all parts of every mobile home community shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.

The ground surface in all parts of every mobile home community shall be graded and equipped to drain all surface water in a safe, sanitary and efficient manner.

All communities shall be furnished with lighting so spaced and equipped with luminaires placed at such heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

All mobile home spaces shall abut upon a street. All streets shall be provided with a smooth, hard and dense surface which shall be well drained under normal use and weather conditions for the area. Pavement edges shall be curbed and protected to prevent raveling of the wearing surface and shifting of the pavement base. Grades of streets shall be sufficient to ensure adequate surface drainage but not more than 8%, provided that a maximum grade of 12% may be used if approved by the Director of Public Works as safe and designed to avoid traffic hazards. Streets shall be at approximately right angles within 100 feet of an intersection. Intersections of more than two streets at one point shall not be allowed. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets.[2]

All communities shall be provided with pedestrian walks between individual mobile homes, community streets and community facilities of not less than three feet in width. Walks in locations where pedestrian traffic is concentrated shall be a minimum of 3 1/2 feet wide. Grade and surfacing of walks shall be approved by the Director of Public Works as safe and comparable to sidewalks in other areas of the municipality subject to similar usage.

All mobile home communities shall have a greenbelt or buffer strip not less than 20 feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all mobile home communities shall be provided within such greenbelt or buffer strip with screening of natural growth or screen fence, except where the adjoining property is also a mobile home community. Compliance with this requirement shall be made within five years from the granting of the mobile home community developer's permit. Permanent planting shall be grown and maintained at a height of not less than six feet. Screening or planting requirements may be waived or modified by the governing body if it finds that the exterior architectural appeal and functional plan of the community, when completed, will be materially enhanced by modification or elimination of such screen planting requirements.

In all mobile home communities, there shall be one or more recreation areas easily accessible to all community residents. No single recreation area shall contain less than 2,500 square feet unless each mobile home site is provided with a contiguous common recreational area not less than 20 feet wide at the narrowest dimension. Recreation areas shall be so located as to be free of traffic hazards and convenient to the mobile home spaces which they serve.

Single-family nondependent mobile homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off-street parking lots, one community office and service buildings for exclusive use of community residents shall be the only permitted uses in mobile home communities, provided that the Village Board may approve the following uses when designed and limited to exclusive use of community residents:

All mobile home communities shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home space. Entrances to communities shall be designed to minimize congestion and traffic hazards and allow free movement of traffic on adjacent streets.

It shall be unlawful for any person to establish, operate, maintain or administer or permit to be established, operated or maintained upon any property owned, leased or controlled by him a mobile home community within the Village without a valid, unexpired mobile home community license issued by the Village Clerk-Treasurer and approved by the Village Board upon determination that the standards in this section have been met and payment of the required fees.

Mobile home community licenses shall be issued for a calendar year and shall expire on December 31 next succeeding date of issue. Licenses may be issued after January 1 of any year but no rebate or diminution of the fee shall be allowed therefor.

The fee for a mobile home community license shall be set by the Village Board. Licenses may be transferred during a license year for a fee set by the Village Board.[1]

Licenses granted under this section shall be subject to revocation or suspension by the governing body for cause in accordance with § 66.0435(2), Wis. Stats., and the procedures in that section shall be followed. "Cause" as used in this subsection shall include but not be limited to:

Except as provided in Subsection F of this section, no mobile home community license shall be granted for any premises or to any person not meeting the following standards and requirements:

Mobile home communities in existence and operating under a valid mobile home community license upon the effective date of this chapter, including communities in areas hereafter annexed to the Village, shall be exempt from the requirements hereof relating to land use and occupancy, provided that such use and occupancy complied with the applicable laws and ordinances in effect at the time of issuance of the original license, but shall file application for a mobile home community developer's nonconforming use permit and comply with all other provisions of this article within six months after the effective date hereof, provided that an existing mobile home community having a density in excess of that provided in § 620-85B shall not increase its density and shall be operated in other respects in accordance with this article. The governing body may extend the time for compliance as herein required upon such conditions as it shall determine necessary to protect the health, safety and welfare of community occupants or inhabitants of the Village. All extensions, modifications or additions to lawfully licensed existing communities or facilities or structures therein shall comply with this article.

Each applicant for an original or renewal license shall file with the Village Clerk-Treasurer a bond in the sum of $1,000 for each 50 mobile home spaces or fraction thereof guaranteeing the collection by the licensee of the monthly permit fees as provided in Chapter 395, Mobile Homes, of this Code and the compliance of the licensee and the community management with the provisions of this article. Such bond shall also be for the use and benefit and may be prosecuted and recovery had thereof by any person who may be injured or damaged by reason of the licensee violating any provision of this article.[5]

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 article shall be posted therein and the community register shall, at all times, be kept in said office.

The attendant or person in charge and the community licensee shall operate the community in compliance with this article and regulations and ordinances of the Village and state and their agents or officers and shall have the following duties. They shall:

Community occupants shall comply with all applicable requirements of this article 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.

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.

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.

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 permit fee.[1]

It shall be the duty of every occupant of a community to give the community licensee or management, or his agent or employee, access to any part of such community or mobile home premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this article or any law or ordinance of the state or Village or lawful regulation or order adopted thereunder.

Mobile homes shall be parked only on the mobile home stands provided and shall be placed thereon in accordance with all requirements of this article.

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.

No person shall discharge any wastewater on the surface of the ground within any mobile home community.

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 article.

Wrecked, damaged or dilapidated mobile homes shall not be kept or stored in a mobile home community or upon any premises in the Village. The Building Inspector or Village Board shall determine if a mobile home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes are hereby declared to be a public nuisance. Whenever the Building Inspector or Village Board so determines, he or it shall notify the licensee or landowner and owner of the mobile home in writing that such public nuisance exists within the community or on lands owned by him, giving the findings upon which his or its determination is based, and shall order such home removed from the community or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.

The Health Officer, Building Inspector, Fire Chief, Village Engineer, or their lawful agents or employees are authorized and directed to inspect mobile home communities not less than once in every twelve-month period to determine the health, safety and welfare of the occupants of the community and inhabitants of the Village as affected thereby and the compliance of structures and activities therein with this article and all other applicable laws of the state and ordinances of the Village.[1]

Fires in mobile home communities shall be made only in stoves and other cooking or heating equipment intended for such purposes. Outside burning is prohibited except by permit and subject to requirements or restrictions of the Fire Chief.

All plumbing, building, electrical, oil or gas distribution, alterations or repairs in the community shall be in accordance with the regulations of applicable laws, ordinances and regulations of the state and municipality and their authorized agents.

All mobile homes in mobile home communities shall be skirted unless the unit is placed within one foot vertically of the stand with soil or other material completely closing such space from view and entry by rodents and vermin. Areas enclosed by such skirting shall be maintained free of rodents and fire hazards.

No person shall construct, alter or add to any structure, attachment or building in a mobile home community or on a mobile home space without a permit from the Village Building Inspector. Construction on or addition or alteration to the exterior of a mobile home shall be of the same type of construction and materials as the mobile home affected. This subsection shall not apply to the addition of awnings, antennas or skirting to mobile homes. Accessory structures on mobile home spaces shall comply with all setback, side yard and rear yard requirements for mobile home units.

Storage under mobile homes is prohibited.

In connection with mobile home communities, no sign intended to be read from any public way adjoining the district shall be permitted, except that:

No source of illumination for any such signs shall be directly visible from adjoining streets or residential property, and no such signs shall be erected within five feet of any exterior property line.

No less than 10% of the total area of any mobile home community established under these regulations shall be devoted to common recreational areas and facilities, such as playgrounds, swimming pools, community buildings, ways for pedestrians and cyclists away from streets and play areas for small children or other recreational areas in block interiors. At least one principal recreation and community center shall contain not less than 5% of the total area of the community.

To be countable as common recreational area, interior block ways for pedestrians or cyclists shall form part of a system leading to principal destinations. Such ways may also be used for installations of utilities.

Common recreational area shall not include streets or parking areas, shall be closed to automotive traffic except for maintenance and service vehicles, and shall be improved and maintained for the uses intended.

Principal vehicular access points. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the district in such a way as to encourage the use of such minor streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.

Access for pedestrians and cyclists. Access for pedestrians and cyclists entering or leaving the community shall be by safe and convenient routes. Such ways need not be adjacent to or limited to the vicinity of vehicular access points. Where there are crossings of such ways and vehicular routes at edges of planned developments, such crossings shall be safety located, marked and controlled, and where such ways are exposed to substantial vehicular traffic at edges of communities, safeguards may be required to prevent crossings except at designated points. Bicycle paths, if provided, shall be so related to the pedestrianway system that street crossings are combined.

Protection of visibility for automotive traffic, cyclists and pedestrians. At intersections of any streets, public or private, the provisions of § 620-57 shall apply and are hereby adopted by reference. Where there is pedestrian or bicycle access from within the community to a street at its edges by paths or across yards or other open space without a barrier to prevent access to the street, no material impediment to visibility more than 2.5 feet above ground level shall be created or maintained within 25 feet of said street unless at least 25 feet from said access measured at right angles to the path.

Exterior yards for mobile home communities; minimum requirements; occupancy. The following requirements and limitations shall apply to yards at the outer edges of mobile home communities:

Ways for pedestrians and/or cyclists in exterior yards. In any exterior yard, required or other, ways for pedestrians and/or cyclists may be permitted, if appropriately located, fenced or landscaped to prevent potential hazards arising from vehicular traffic on adjacent streets or other hazards and annoyances to users or to occupants of adjoining property. When otherwise in accord with the requirements concerning such ways set forth above, approved ways in such locations shall be counted as common recreation facilities and may also be used for utility easements.

Yards, fences, walls or vegetative screening at edges of mobile home communities. Along the edges of mobile home communities, walls or vegetative screening shall be provided where needed to protect residents from undesirable views, lighting, noise, or other off-site influences or to protect occupants of adjoining residential districts from potentially adverse influences within the mobile home community. In particular, extensive off-street parking areas and service areas for loading and unloading, other than passenger vehicles, and for storage and collection of trash and garbage shall be screened.

Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular: