Markesan City Zoning Code
ARTICLE XI
Mobile Homes and Manufactured Homes
§ 400-47 Statutory authorization.
This article is adopted pursuant to the authorization in § 66.0435, Wis. Stats.
§ 400-48 Purpose.
The purpose of this article is to promote the public health, safety and general welfare of the community; to further the orderly layout and use of land in the City; to secure safety from fire, panic and other dangers; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewage, schools, parks, playground and other public utilities and facilities; to provide the best possible environment for human habitation in the City; and to encourage the most appropriate use of land throughout the City.
§ 400-49 Definitions.
Whenever used in this article, unless a different meaning clearly appears from the context, the terms used are defined as follows:
A mobile home which does not have complete bathroom facilities.
Any person licensed to operate and maintain a mobile home park under this article.
A plot of ground within a mobile home park, designed and constructed for the accommodation of one nondependent mobile home.
A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
Any structure, except a "manufactured home," which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway, transportable in one or more sections, which is over 400 square feet in area excluding the hitch, built on a permanent chassis, and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in it. In computing square footage, length is multiplied by width. In this definition, "length" means the distance from the exterior of the front wall, i.e., the wall nearest to the exterior of the draw bar and coupling mechanism to the exterior of the rear wall at the opposite end of the home where the walls enclose living or other interior space, and that distance includes expandable rooms, but not bay windows, porches, draw bars, couplings, hitches, wall and roof extensions or other attachments. In this definition, "width" means the distance from the exterior of one side wall to the exterior of the opposite side wall where the walls enclose living or other interior space, and that distance includes expandable rooms, but not bay windows, porches, wall and roof extensions, or other attachments.
Any plot or plots of land upon which two or more mobile homes, occupied for dwelling or sleeping purposes on a temporary or permanent basis, are located.
[Amended 4-14-2015 by Ord. No. 233]
Any structure which is or was, as originally constructed or designed, transportable by any motor vehicle upon a public highway in more than one section, which is over 1,200 square feet in area excluding the hitch, which is designed to be used as a dwelling when connected to utilities, which is certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5426, which is set on an enclosed permanent concrete or cement block foundation on real estate owned by the home owner, and which is installed in accordance with the manufacturer's instructions.
A mobile home equipped with complete bath and toilet facilities, and designed and equipped with sleeping, eating and living quarters for long-term residential occupancy.
Any individual who resides in a mobile home.
Any structure affixed to a lot other than a mobile home.
The person who owns the mobile home park.
Any natural individual, firm, trust, partnership, association or corporation.
The minimum horizontal distance between a lot line and the nearest point of a structure or between a lot line and a park boundary line; distances shall be measured between the two closest points. The eave or overhang of any structure shall be included in measuring the setback for such structure.
Any coach, cabin, house, car or other vehicle or structure intended for or capable of human dwelling or sleeping purposes mounted upon wheels or supports and capable of being moved by its own power or transported by any other vehicle which is not a mobile home as defined herein. The word "trailer" includes, but is not limited to, units used primarily for camping, touring or recreational purposes.
§ 400-50 State statutes adopted.
[Amended 4-14-2015 by Ord. No. 233]
The provisions of §§ 66.0435 and 710.15, Wis. Stats., and the provisions of Wis. Adm. Code Chs. SPS 326 and ATCP 125, including any future revisions or amendments thereto, describing and defining regulations with respect to mobile homes and mobile home parks, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by a statute or code incorporated herein by reference is required or prohibited by this section.
§ 400-51 Compliance.
A.
Mobile homes. No mobile home may be placed, parked, stored or occupied within the City except in compliance with this article and except in a licensed mobile home park.
B.
Park. No mobile home park may be established, operated, maintained, enlarged or expanded except in compliance with this article.
C.
Trailers. No trailers may be placed, parked, stored or occupied within the City except in compliance with this article.
§ 400-52 Exceptions.
A.
Emergencies. Emergency or temporary stopping or parking of a trailer or mobile home is permitted on any street, alley or highway for not longer than one hour, subject to any other and further prohibitions, regulations or limitations imposed by the traffic or parking ordinances for that street, alley or highway.
B.
Existing mobile homes. A mobile home placed on land outside of a mobile home park on the effective date of this section shall be permitted to remain on said land, subject to the following conditions:
(1)
The mobile home may not be extended, enlarged, reconstructed, moved or structurally altered or replaced with a different mobile home unless the Board of Zoning Appeals determines that such action will be an aesthetic improvement to the mobile home and will be in fundamental harmony with surrounding uses.
(2)
In the event the existing mobile home is damaged by fire, explosion, flood or other peril to the extent of more than 50% of its current value, it shall not be reconstructed or repaired, but shall be demolished and removed.
C.
Businesses. This section shall not apply to any business engaged in the sale or service of mobile homes, provided the mobile homes located at such a business are unoccupied and are only temporarily placed, and further provided that said business complies with the zoning requirements of this chapter.
D.
Trailer. The parking of only one trailer in an accessory private garage or building or in a driveway is permitted, provided no living quarters shall be maintained in excess of two weeks during the calendar year, and further provided no business is practiced in said trailer while it is as parked or stored.
E.
Construction. A mobile home or trailer may be used as a temporary office by a contractor who lives or sleeps in the mobile home or trailer.
F.
Club parking. Any club or group of persons wishing to park trailers within the City for a specified period of time shall apply to the City for a permit which shall be granted at the discretion of the Common Council.
G.
Manufactured homes. Manufactured homes may be placed upon real estate outside of mobile home parks, provided they satisfy all other requirements of this chapter.
§ 400-53 Variances.
A variance from any term of this article may be applied for and granted pursuant to the rules and procedures set forth in this chapter, except that the Plan Commission, rather than the Board of Zoning Appeals, shall hear and decide variances under this article.
§ 400-54 Reference.
See also Chapter 240, Mobile Homes and Mobile Home Parks, of the Code of the City of Markesan pertaining to license fees for mobile home parks and other provisions relating to mobile homes.