MANUFACTURED HOMES10
State Law reference— Manufactured home communities, Wis. Stats. § 66.0435.
(a)
There is hereby imposed on each owner of a nonexempt, occupied manufactured home in the city a monthly parking fee as determined in accordance with Wis. Stats. § 66.0435 which is hereby adopted by reference and made part of this article as if fully set forth herein. It shall be the full and complete responsibility of the licensee to collect the proper amount from each manufactured homeowner. Licensees shall pay to the city treasurer such parking permit fees, on or before the tenth day of the month, following the month for which such fees are due in accordance with the terms of this article and such regulations as the city treasurer may reasonably promulgate.
(1)
Licensees of manufactured home parks and owners of land on which are parked any occupied, nonexempt manufactured homes shall furnish information to the city treasurer and assessor on such homes added to their park or land within five days after arrival of such home on forms furnished by the city treasurer in accordance with Wis. Stats. § 66.0435(3)(c)2.
(2)
Occupants or owners of nonexempt manufactured homes parked outside of a manufactured home park shall remit such fees directly to the city treasurer as provided in subsection (a) of this section. It shall be the full and complete responsibility of the licensee of a manufactured home park to collect such fees from each occupied nonexempt manufactured home therein and to remit such fees to the city treasurer as provided in subsection (a) of this section.
(b)
It shall be unlawful for any person to park a manufactured home outside a manufactured home park in the city.
(Prior Code, § 5.24.020; Code 1993, § 7-5-1; Ord. No. 96-04, 2-13-1996)
Note— The city treasurer is authorized to refund any manufactured home monthly parking fee deposits held by the city treasurer pursuant to the original section 7-5-1(b) of this Code of Ordinances repealed by this section.
State Law reference— Manufactured home communities, Wis. Stats. § 66.0435.
(a)
Manufactured home parks may be established in the MH residential district in accordance with the procedures, requirements and limitations set forth in this article. Within such manufactured home parks, manufactured 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.
(b)
It is the intent of this article to recognize manufactured homes constructed prior to October 1, 1974, as distinct and different from units designated as manufactured homes within the definitions of this article and to prohibit units not meeting the requirements for manufactured homes as defined herein. Units constructed prior to 1974, are prohibited. Manufactured homes meeting the requirements of the one- and two-family building dwelling code shall not be permitted in a manufactured home park, except as a conditional use. Permits may be obtained only after approval by the common council.
(c)
No person shall park, locate or place any manufactured home outside of a licensed manufactured home park in the city, except:
(1)
Unoccupied manufactured homes may be parked on the lawfully situated premises of a licensed manufactured home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such manufactured home for purposes of sales display for a period not exceeding 120 days, provided no business is carried on therein, or in an accessory private garage, building or rear yard of the owner of such manufactured home, provided no business is carried on therein.
(2)
Individual manufactured homes may be allowed by the common council in residential districts as temporary uses not to exceed 120 days under exceptional circumstances, such as to provide temporary housing during reconstruction following a fire.
(Code 1993, § 13-1-220)
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:
Foundation siding means a fire- and weather-resistant, prefinished material surrounding the entire perimeter of a home and completely enclosing a space between the exterior wall of such home and the ground. Foundation siding shall be properly vented, harmonious, and compatible with the house and installed within 60 days from the date of placement on site.
Manufactured home communities (parks). Manufactured home communities/parks are distinguished from subdivisions lacking common facilities and continuing management services. The latter would be controlled by general subdivision regulations, which would apply also to manufactured home subdivisions without common open space or continuing management.
Manufactured home subdivision means a parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
Primary exposure means open areas adjacent to the front wall, or main entrance, of a dwelling unit.
Residential manufactured 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 through 20.17. The term "manufactured home" also means a dwelling which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances, except that a manufactured home is not deemed a manufactured home if the assessable value of such additions, attachments, annexes, foundations and appurtenances equals or exceed 50 percent of the assessable value of the manufactured home. The term "manufactured home" shall not include a factory-built structure meeting the following requirements:
(1)
Intended to be set on a foundation by virtue of its construction.
(2)
Which is normally transported only once, from the factory to the construction site.
(3)
Which, from its very beginning, is designed to be permanently affixed to land.
Secondary exposure means open areas adjacent to side and rear walls of a dwelling unit.
Statutory definitions means, in addition to the definitions contained in this section, definitions contained in Wis. Stats. § 66.0435 shall also be applicable.
(Code 1993, § 13-1-221)
(a)
Manufactured homes legally located and occupied on premises outside a licensed manufactured home park prior to the enactment of this article may be continued in such location, provided that the owner of the premises on which such unit is located shall apply to the zoning administrator within 60 days after the effective date of the ordinance from which this article is derived, 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 is otherwise in conformity with the applicable laws and regulations of the state and city. 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 manufactured home exceed 50 percent of the net value.
(b)
The owner or occupant of a manufactured home shall, within five days after entering of a licensed manufactured home park or removing to another park within the city, obtain a permit from the zoning administrator. Such permits shall be issued only for manufactured homes which bear a seal, stamp or certificate of the manufacturer guaranteeing that the manufactured 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.
(c)
Nothing herein shall prevent the owner of a manufactured home under subsection (a) of this section hereof, from replacing the manufactured 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.
(Code 1993, § 13-1-222)
(a)
Where a manufactured home park is to be established for the development of a single manufactured home community, the minimum area shall be three acres. Minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 25 percent of total units permitted on the site.
(b)
These limitations shall not apply where expansion of an existing manufactured home community is concerned and where such expansion will not increase variation from requirements applying to manufactured home communities, as set forth herein.
(Code 1993, § 13-1-223)
The following principal uses and structures are permitted within authorized manufactured home parks:
(1)
One-family detached manufactured homes (residential manufactured home). In manufactured 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.
(2)
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.
(Code 1993, § 13-1-224)
(a)
No person shall construct or extend any manufactured home park or manufactured home park building or facility within the limits of the city without first securing a manufactured home park developer's permit from the city. Such permits shall be issued by the city clerk upon approval by the common council.
(b)
Applications for manufactured home park developer's permits shall be filed with the city clerk with sufficient copies for the city clerk to forward one each to the building inspector, fire chief and chief of police, who shall investigate and review said application to determine whether the applicant, the premises on which said park 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 city and report their findings in writing to the common council within 60 days. Such reports shall be considered by the common council before any permit is issued hereunder. Failure of any officer or body to report within the allotted time shall be deemed a favorable recommendation.
(c)
Applications for manufactured home park developer's permits shall be accompanied by a fee to cover the cost of investigation and processing, plus regular building permit fees for all buildings or structures to be erected within the proposed park. The application fee shall be as established by the common council, from time to time, and as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code."
(d)
Applications shall be made on forms furnished by the city clerk and shall include the following information:
(1)
Name and address of applicant.
(2)
Location and legal description of the proposed park, addition, modification or extension.
(3)
A complete plot plan showing compliance with all applicable provisions of this article and the municipal building code and zoning and subdivision ordinances.
(4)
Completion of preliminary engineering plans and specifications, including a scale drawing of the proposed park showing, but not limited to:
a.
Plans and specifications of all utilities, including: sewerage collection and disposal, stormwater drainage, water and electrical distribution and supply, refuse storage and collection, lighting, telephone and TV antenna systems.
b.
Location and width of roadways and walkways, buffer strips, recreational and other common areas.
c.
The location of manufactured home stands with the manufactured home spaces, including a detailed sketch of at least one typical manufactured home space and stand therein.
d.
Landscape plan showing all plantings.
e.
Plans and specifications of all park buildings and structures.
(5)
Interest of the applicant in proposed manufactured home park or extension thereof. If the owner of a tract is a person other than the applicant, a duly verified statement by the owner that applicant is authorized by him to construct and maintain the proposed park, addition, modification or extension and make the application.
(6)
Written statements describing proposed park operations, management and maintenance, including proposed fees and charges and other requirements to be imposed on park occupants by the park operator.
(e)
Final engineering plans and specifications complying with the provisions of this article and the zoning regulations and any modifications or conditions imposed by the common council shall be submitted to the city clerk and checked by the proper municipal officials for compliance before the license is issued.
(Code 1993, § 13-1-225)
All manufactured home parks and modifications of, or additions or extensions to, existing parks shall comply with the following:
(1)
Wis. Admin. Code ch. COMM 26 as now existing or hereafter amended, is hereby made a part of this article 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 city.
(2)
Manufactured home spaces shall be a minimum of 50 feet wide and 100 feet in depth, have a setback of 20 feet from all street rights-of-way, and have a side yard setback of ten feet, except that driveways may extend to within four feet of a property line. 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. No manufactured home site shall be rented for a period of less than 30 days. There shall be two surfaced automobile parking spaces for each manufactured home. Unless adequately screened by existing vegetative cover, a mobile park shall be screened around its outer perimeter by a planting of hedges or trees, capable of reaching a height of 15 feet or more, the individual trees to be such a number and so arranged that 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 to a height of not less than 15 feet when mature.
(3)
No manufactured home park shall be laid out, constructed or operated without city sanitary sewer service.
(4)
All liquid wastes originating at units, 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 city 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 one-third 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.
(5)
Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the common council. Open burning of waste or refuse is prohibited.
(6)
All television cable systems, electrical and telephone distribution lines and oil or gas piping serving the park 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.
(7)
Each space shall be provided with direct electrical service of not less than 100 amperes for 220 volt service.
(8)
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 manufactured home space.
(9)
Condition of soil, groundwater level, drainage and topography shall not create hazards to the property, health or safety of occupants of manufactured 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 park to hazards.
(10)
Exposed ground surfaces in all parts of every manufactured home park 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.
(11)
The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, sanitary and efficient manner.
(12)
All parks shall be furnished with individual outdoor lot lighting of 25 to 60 watts so spaced and equipped with luminaires placed for the safe movement of pedestrians and vehicles at night.
(13)
All manufactured 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 eight percent, provided a maximum grade of 12 percent may be used if approved by the street superintendent, 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 centerlines of offset intersecting streets.
(14)
All parks shall be provided with pedestrian walks between individual manufactured homes, park streets and community facilities of not less than three feet in width. Grade and surfacing of walks shall be approved by the city engineering department representative as safe and comparable to sidewalks in other areas of the municipality subject to similar usage, except, that as an alternative, inverted curbing may be used which provides approximately three feet of concrete walking area adjacent to the curbline.
(15)
All manufactured home parks shall have a greenbelt or buffer strip not less than ten feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all manufactured home parks 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 manufactured home park. Compliance with this requirement shall be made within five years from the granting of the manufactured home park developer's permit. Screening or planting requirements may be waived or modified by the common council if it finds that the exterior architectural appeal and functional plan of the park, when completed, will be materially enhanced by modification or elimination of such screen planting requirements.
(16)
Manufactured home park operators shall, at the time of approval, pay the park development fees required for conventional subdivisions in section 111-242.
(17)
Single-family nondependent manufactured homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off-street parking lots, one park office and service buildings for exclusive use of park residents shall be the only permitted uses in manufactured home parks, provided the common council may approve the following uses when designed and limited to exclusive use of park residents:
a.
Laundromats.
b.
Clubhouses and facilities for private, social or recreation clubs.
c.
Swimming pools.
(18)
No signs shall be erected in manufactured home parks.
(19)
All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home space. Entrances to parks shall be designed to minimize congestion and traffic hazards and allow free movement of traffic on adjacent streets.
(Code 1993, § 13-1-226)
(a)
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 manufactured home park within the city without a valid, unexpired manufactured home park license issued by the city clerk and approved by the common council upon determination that the standards in this section have been met and payment of the required fees.
(b)
Manufactured home park 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.
(c)
The annual fee for a manufactured home park license shall be as established by the common council, from time to time, and as indicated in chapter 16 of this Code. Such fee shall also be paid upon the renewal of such license. Licenses may be transferred during a license year for a fee as established by the common council, from time to time. The fee amounts shall be as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.
(d)
Licenses granted under this section shall be subject to revocation or suspension by the governing body for cause in accordance with Wis. Stats. § 66.0435(2), and the procedures in that section shall be followed. The term "cause," as used in this subsection, means and includes, but is not be limited to:
(1)
Failure or neglect to abide by the requirements of this article or the laws or regulations of the state relating to manufactured home parks and their operation.
(2)
Conviction of any offense under the laws of the state or city ordinances relating to fraudulent or misleading advertising or deceptive practices regarding the sale or renting of manufactured homes or the leasing or rental of manufactured home spaces or sale, lease or operation of park facilities.
(3)
Operation or maintenance of the manufactured home park in a manner inimical to the health, safety or welfare of park occupants or the inhabitants of the city including, but not limited to, repeated violations of laws or ordinances relating to health, sanitation, refuse disposal, fire hazards, morals or nuisances.
(4)
Transfer or sale of an ownership interest in any manufactured home space or the underlying land other than to another eligible licensee. Such action shall also subject the owner of the underlying land to all requirements of the state or municipal subdivision control laws and regulations, regardless of the size or number of lots or spaces so transferred or sold.
(e)
Except as provided in subsection (f) of this section, no manufactured home park license shall be granted for any premises or to any person not meeting the following standards and requirements:
(1)
All standards and requirements set forth in section 113-372, except as specifically waived or modified in writing by the common council and endorsed on the manufactured home developer's permit. This requirement includes a valid certificate from the state department of health and family services that the park complies with the provisions of Wis. Admin. Code ch. COMM 26 applicable thereto.
(2)
Manufactured home parks should be used only for the parking and occupancy of single-family nondependent manufactured homes and accessory structures and appurtenances and uses.
(3)
Applicant shall file with the common council certificates certifying that all equipment, roads, sanitary facilities, water facilities and other equipment and facilities, including roads, have been constructed or installed in the park as required by this article and are in required operating condition at the time of said application. In addition, the chief of police, building inspector, and the chief of the fire department shall inspect or cause to be inspected each application and the premises to determine compliance with all applicable laws, regulations and ordinances applicable thereto. These officials shall furnish the common council in writing the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for whom the officer is certifying.
(4)
Location and operation of the park shall comply with all zoning and land use ordinances of the state and city.
(f)
Manufactured home parks in existence and operating under a valid manufactured home park license upon the effective date of the ordinance from which this article is derived, including parks in areas hereafter annexed to the city, shall be exempt from the requirements hereof relating to land use and occupancy provided such use and occupancy complies with the applicable laws and ordinances in effect at the time of issuance of the original license but shall file application for a manufactured home park 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 manufactured home park having a density in excess of that provided in section 113-372 shall not increase its density and shall be operated in other respects in accordance with this article. The common council 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 park occupants or inhabitants of the city. All extensions, modifications or additions to lawfully licensed existing parks or facilities or structures therein shall comply with this article.
(Code 1993, § 13-1-227)
(a)
In every manufactured home park, there shall be located an office of the attendant or person in charge of said park. A copy of the park license and of this article shall be posted therein and the park register shall, at all times, be kept in said office.
(b)
The attendant or person in charge and the park licensee shall operate the park in compliance with this article and regulations and ordinances of the city and state and their agents or officers and shall have the following duties:
(1)
Maintain a register of all park occupants, to be open at all times to inspection by state, federal and municipal officers, which shall show:
a.
Names and addresses of all owners and occupants of each manufactured home.
b.
Number of children of school age.
c.
State of legal residence.
d.
Dates of entrance and departure of each manufactured home.
e.
Make, model, year and serial number or license number of each manufactured home and towing or other motor vehicles and state, territory or country which issued such licenses.
f.
Place of employment of each occupant, if any.
(2)
Notify park occupants of the provisions of this article and inform them of their duties and responsibilities and report promptly to the proper authorities any violations of this article or any other violations of law which may come to their attention.
(3)
Report to city law enforcement officials all cases of persons or animals affected or suspected of being affected with any dangerous communicable disease.
(4)
Supervise the placement of each manufactured home on its stand which includes securing its stability and installing all utility connections and tie-downs.
(5)
Maintain park grounds, buildings and structures free of insect and rodent harborage and infestation and accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(6)
Maintain the park free from growth of noxious weeds.
(7)
Maintain the park free of litter, rubbish and other flammable materials; provide portable fire extinguishers of a type approved by the fire chief in all locations designated by the chief and maintain such extinguishers in good operating condition and cause every area within the park designated as a fire lane by the fire chief to be kept free and clear of obstructions.
(8)
Check to ensure that every manufactured home unit has furnished, and in operation, a substantial, flytight, watertight, rodentproof container for the deposit of garbage and refuse in accordance with the ordinances of the city.
(9)
Provide for the sanitary and safe removal and disposal of all refuse and garbage at least weekly. Removal and disposal of garbage and refuse shall be in accordance with the laws of the state and the ordinances and regulations of the municipality, including regulations promulgated by the fire chief.
(10)
Allow inspections of park premises and facilities at reasonable times by municipal officials or their agents or employees as provided by section 113-376(b).
(Code 1993, § 13-1-228)
(a)
Park occupants shall comply with all applicable requirements of this article and regulations issued hereunder and shall maintain their manufactured home space, its facilities and equipment in good repair and in a clean and sanitary condition.
(b)
Park occupants shall be responsible for proper placement of their manufactured homes on the manufactured home stand and proper installation of all utility connections in accordance with the instructions of the park management.
(c)
No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to cause any nuisance within the limits of any manufactured home park.
(d)
Each owner or occupant of a nonexempt manufactured home within a manufactured home park shall remit to the licensee or authorized park management the cash deposit and monthly parking permit fee.
(e)
It shall be the duty of every occupant of a park to give the park licensee or management, or his agent or employee, access to any part of such park or manufactured 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 city or lawful regulation or order adopted thereunder.
(f)
Manufactured homes shall be parked only on the manufactured home stands provided and shall be placed thereon in accordance with all requirements of this article.
(g)
No manufactured home owner or occupant shall conduct in any unit or any manufactured home park any business or engage in any other activity which would not be permitted in single-family residential areas in the city.
(h)
No person shall discharge any wastewater on the surface of the ground within any manufactured home park.
(i)
No person shall erect or place upon any manufactured home space any permanent or temporary structure intended to be used for dwelling purposes or in connection with any manufactured home unit, except as specifically authorized by this article.
(Code 1993, § 13-1-229)
(a)
Wrecked, damaged or dilapidated manufactured homes shall not be kept or stored in a manufactured home park or upon any premises in the city. The building inspector or common council shall determine if a manufactured home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such manufactured homes are hereby declared to be a public nuisance. Whenever the building inspector or common council so determines, they shall notify the licensee or landowner and owner of the manufactured home in writing that such public nuisance exists within the park or on lands owned by him giving the findings upon which his determination is based and shall order such home removed from the park or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.
(b)
Authorized representatives of the common council are authorized and directed to inspect manufactured home parks not less than once in every 12-month period to determine the health, safety and welfare of the occupants of the park and inhabitants of the city as affected thereby and the compliance of structures and activities therein with this article and all other applicable laws of the state and city ordinances.
(c)
Fires in manufactured home parks 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.
(d)
All plumbing, building, electrical, oil or gas distribution, alterations or repairs in the park shall be in accordance with the regulations of applicable laws, ordinances and regulations of the state and municipalities and their authorized agents, and may be performed by a professional manufactured home service technician.
(e)
All manufactured homes in manufactured home parks 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.
(f)
No person shall construct, alter or add to any structure, attachment or building in a manufactured home park or on a manufactured home space without a permit from the building inspector. Construction on, or addition or alteration to the exterior of a manufactured home shall be of the same type of construction and materials as the manufactured home affected. This subsection shall not apply to addition of awnings, antennas or skirting to manufactured homes. Accessory structures on manufactured home spaces shall comply with all setback, side yard and rear yard requirements for manufactured home units.
(g)
Storage under manufactured homes is prohibited.
(Code 1993, § 13-1-230)
All plumbing, electrical, building and other work on or at any manufactured home park under this article shall be in accordance with the city ordinances and the requirements of the state plumbing, electrical and building codes and the regulations of the state board of health. Licenses and permits granted under this article grant no right to erect or repair any structure, to do any plumbing work or to do any electric work.
(Code 1993, § 13-1-231)
The following guidelines, standards and requirements shall apply in site planning for manufactured home communities:
(1)
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.
(2)
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 safely 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 pedestrian way system that street crossings are combined.
(3)
Protection of visibility; automotive traffic, cyclists and pedestrians. At intersections of any streets, public or private, the provisions of section 113-164 shall apply and is hereby adopted by reference.
(4)
Ways for pedestrians and/or cyclists in exterior yards. In any exterior yard, required or other ways for pedestrian 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 accordance with the requirements concerning such ways set forth in subsections (1) through (3) of this section, approved ways in such locations shall be counted as common recreation facilities and may also be used for utilities easements.
(5)
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:
a.
Streets, drives and parking and service areas. Streets, drives and parking and service areas shall provide safe and convenient access to dwellings and community facilities and for service and emergency vehicles, but streets shall not be so laid out as to encourage outside traffic to traverse the community, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the community into small blocks. In general, block size shall be the maximum consistent with use, the shape of the site and the convenience and safety of the occupants.
b.
Vehicular access to streets. Vehicular access to streets from off-street parking areas may be direct from dwellings if the street or portion of the street serves 50 units or less. Determination of units served shall be based on normal routes anticipated for traffic. Along streets or portions of streets serving more than 50 dwelling units, or constituting major routes to or around central facilities, access from parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic conveniently, safely and in a manner that minimizes marginal traffic friction, and direct vehicular access from individual dwellings shall generally be prohibited.
c.
Ways for pedestrians and cyclists; use by emergency, maintenance or service vehicles.
1.
Walkways shall form a logical, safe and convenient system for pedestrian access to all dwellings, project facilities and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet.
2.
Walkways to be used by substantial numbers of children as play areas or routes to school, bus stops or other destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic. If an internal walkway system is provided, away from streets, bicycle paths shall be incorporated in the walkway system. Street crossings shall be held to a minimum on such walkways and shall be located and designated to provide safety and shall be appropriately marked and otherwise safeguarded. Ways for pedestrians and cyclists, appropriately located, designed and constructed may be combined with other easements and used by emergency, maintenance or service vehicle but shall not be used by other automotive traffic.
(Code 1993, § 13-1-232)
MANUFACTURED HOMES10
State Law reference— Manufactured home communities, Wis. Stats. § 66.0435.
(a)
There is hereby imposed on each owner of a nonexempt, occupied manufactured home in the city a monthly parking fee as determined in accordance with Wis. Stats. § 66.0435 which is hereby adopted by reference and made part of this article as if fully set forth herein. It shall be the full and complete responsibility of the licensee to collect the proper amount from each manufactured homeowner. Licensees shall pay to the city treasurer such parking permit fees, on or before the tenth day of the month, following the month for which such fees are due in accordance with the terms of this article and such regulations as the city treasurer may reasonably promulgate.
(1)
Licensees of manufactured home parks and owners of land on which are parked any occupied, nonexempt manufactured homes shall furnish information to the city treasurer and assessor on such homes added to their park or land within five days after arrival of such home on forms furnished by the city treasurer in accordance with Wis. Stats. § 66.0435(3)(c)2.
(2)
Occupants or owners of nonexempt manufactured homes parked outside of a manufactured home park shall remit such fees directly to the city treasurer as provided in subsection (a) of this section. It shall be the full and complete responsibility of the licensee of a manufactured home park to collect such fees from each occupied nonexempt manufactured home therein and to remit such fees to the city treasurer as provided in subsection (a) of this section.
(b)
It shall be unlawful for any person to park a manufactured home outside a manufactured home park in the city.
(Prior Code, § 5.24.020; Code 1993, § 7-5-1; Ord. No. 96-04, 2-13-1996)
Note— The city treasurer is authorized to refund any manufactured home monthly parking fee deposits held by the city treasurer pursuant to the original section 7-5-1(b) of this Code of Ordinances repealed by this section.
State Law reference— Manufactured home communities, Wis. Stats. § 66.0435.
(a)
Manufactured home parks may be established in the MH residential district in accordance with the procedures, requirements and limitations set forth in this article. Within such manufactured home parks, manufactured 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.
(b)
It is the intent of this article to recognize manufactured homes constructed prior to October 1, 1974, as distinct and different from units designated as manufactured homes within the definitions of this article and to prohibit units not meeting the requirements for manufactured homes as defined herein. Units constructed prior to 1974, are prohibited. Manufactured homes meeting the requirements of the one- and two-family building dwelling code shall not be permitted in a manufactured home park, except as a conditional use. Permits may be obtained only after approval by the common council.
(c)
No person shall park, locate or place any manufactured home outside of a licensed manufactured home park in the city, except:
(1)
Unoccupied manufactured homes may be parked on the lawfully situated premises of a licensed manufactured home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such manufactured home for purposes of sales display for a period not exceeding 120 days, provided no business is carried on therein, or in an accessory private garage, building or rear yard of the owner of such manufactured home, provided no business is carried on therein.
(2)
Individual manufactured homes may be allowed by the common council in residential districts as temporary uses not to exceed 120 days under exceptional circumstances, such as to provide temporary housing during reconstruction following a fire.
(Code 1993, § 13-1-220)
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:
Foundation siding means a fire- and weather-resistant, prefinished material surrounding the entire perimeter of a home and completely enclosing a space between the exterior wall of such home and the ground. Foundation siding shall be properly vented, harmonious, and compatible with the house and installed within 60 days from the date of placement on site.
Manufactured home communities (parks). Manufactured home communities/parks are distinguished from subdivisions lacking common facilities and continuing management services. The latter would be controlled by general subdivision regulations, which would apply also to manufactured home subdivisions without common open space or continuing management.
Manufactured home subdivision means a parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
Primary exposure means open areas adjacent to the front wall, or main entrance, of a dwelling unit.
Residential manufactured 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 through 20.17. The term "manufactured home" also means a dwelling which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances, except that a manufactured home is not deemed a manufactured home if the assessable value of such additions, attachments, annexes, foundations and appurtenances equals or exceed 50 percent of the assessable value of the manufactured home. The term "manufactured home" shall not include a factory-built structure meeting the following requirements:
(1)
Intended to be set on a foundation by virtue of its construction.
(2)
Which is normally transported only once, from the factory to the construction site.
(3)
Which, from its very beginning, is designed to be permanently affixed to land.
Secondary exposure means open areas adjacent to side and rear walls of a dwelling unit.
Statutory definitions means, in addition to the definitions contained in this section, definitions contained in Wis. Stats. § 66.0435 shall also be applicable.
(Code 1993, § 13-1-221)
(a)
Manufactured homes legally located and occupied on premises outside a licensed manufactured home park prior to the enactment of this article may be continued in such location, provided that the owner of the premises on which such unit is located shall apply to the zoning administrator within 60 days after the effective date of the ordinance from which this article is derived, 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 is otherwise in conformity with the applicable laws and regulations of the state and city. 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 manufactured home exceed 50 percent of the net value.
(b)
The owner or occupant of a manufactured home shall, within five days after entering of a licensed manufactured home park or removing to another park within the city, obtain a permit from the zoning administrator. Such permits shall be issued only for manufactured homes which bear a seal, stamp or certificate of the manufacturer guaranteeing that the manufactured 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.
(c)
Nothing herein shall prevent the owner of a manufactured home under subsection (a) of this section hereof, from replacing the manufactured 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.
(Code 1993, § 13-1-222)
(a)
Where a manufactured home park is to be established for the development of a single manufactured home community, the minimum area shall be three acres. Minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 25 percent of total units permitted on the site.
(b)
These limitations shall not apply where expansion of an existing manufactured home community is concerned and where such expansion will not increase variation from requirements applying to manufactured home communities, as set forth herein.
(Code 1993, § 13-1-223)
The following principal uses and structures are permitted within authorized manufactured home parks:
(1)
One-family detached manufactured homes (residential manufactured home). In manufactured 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.
(2)
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.
(Code 1993, § 13-1-224)
(a)
No person shall construct or extend any manufactured home park or manufactured home park building or facility within the limits of the city without first securing a manufactured home park developer's permit from the city. Such permits shall be issued by the city clerk upon approval by the common council.
(b)
Applications for manufactured home park developer's permits shall be filed with the city clerk with sufficient copies for the city clerk to forward one each to the building inspector, fire chief and chief of police, who shall investigate and review said application to determine whether the applicant, the premises on which said park 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 city and report their findings in writing to the common council within 60 days. Such reports shall be considered by the common council before any permit is issued hereunder. Failure of any officer or body to report within the allotted time shall be deemed a favorable recommendation.
(c)
Applications for manufactured home park developer's permits shall be accompanied by a fee to cover the cost of investigation and processing, plus regular building permit fees for all buildings or structures to be erected within the proposed park. The application fee shall be as established by the common council, from time to time, and as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code."
(d)
Applications shall be made on forms furnished by the city clerk and shall include the following information:
(1)
Name and address of applicant.
(2)
Location and legal description of the proposed park, addition, modification or extension.
(3)
A complete plot plan showing compliance with all applicable provisions of this article and the municipal building code and zoning and subdivision ordinances.
(4)
Completion of preliminary engineering plans and specifications, including a scale drawing of the proposed park showing, but not limited to:
a.
Plans and specifications of all utilities, including: sewerage collection and disposal, stormwater drainage, water and electrical distribution and supply, refuse storage and collection, lighting, telephone and TV antenna systems.
b.
Location and width of roadways and walkways, buffer strips, recreational and other common areas.
c.
The location of manufactured home stands with the manufactured home spaces, including a detailed sketch of at least one typical manufactured home space and stand therein.
d.
Landscape plan showing all plantings.
e.
Plans and specifications of all park buildings and structures.
(5)
Interest of the applicant in proposed manufactured home park or extension thereof. If the owner of a tract is a person other than the applicant, a duly verified statement by the owner that applicant is authorized by him to construct and maintain the proposed park, addition, modification or extension and make the application.
(6)
Written statements describing proposed park operations, management and maintenance, including proposed fees and charges and other requirements to be imposed on park occupants by the park operator.
(e)
Final engineering plans and specifications complying with the provisions of this article and the zoning regulations and any modifications or conditions imposed by the common council shall be submitted to the city clerk and checked by the proper municipal officials for compliance before the license is issued.
(Code 1993, § 13-1-225)
All manufactured home parks and modifications of, or additions or extensions to, existing parks shall comply with the following:
(1)
Wis. Admin. Code ch. COMM 26 as now existing or hereafter amended, is hereby made a part of this article 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 city.
(2)
Manufactured home spaces shall be a minimum of 50 feet wide and 100 feet in depth, have a setback of 20 feet from all street rights-of-way, and have a side yard setback of ten feet, except that driveways may extend to within four feet of a property line. 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. No manufactured home site shall be rented for a period of less than 30 days. There shall be two surfaced automobile parking spaces for each manufactured home. Unless adequately screened by existing vegetative cover, a mobile park shall be screened around its outer perimeter by a planting of hedges or trees, capable of reaching a height of 15 feet or more, the individual trees to be such a number and so arranged that 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 to a height of not less than 15 feet when mature.
(3)
No manufactured home park shall be laid out, constructed or operated without city sanitary sewer service.
(4)
All liquid wastes originating at units, 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 city 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 one-third 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.
(5)
Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the common council. Open burning of waste or refuse is prohibited.
(6)
All television cable systems, electrical and telephone distribution lines and oil or gas piping serving the park 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.
(7)
Each space shall be provided with direct electrical service of not less than 100 amperes for 220 volt service.
(8)
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 manufactured home space.
(9)
Condition of soil, groundwater level, drainage and topography shall not create hazards to the property, health or safety of occupants of manufactured 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 park to hazards.
(10)
Exposed ground surfaces in all parts of every manufactured home park 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.
(11)
The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, sanitary and efficient manner.
(12)
All parks shall be furnished with individual outdoor lot lighting of 25 to 60 watts so spaced and equipped with luminaires placed for the safe movement of pedestrians and vehicles at night.
(13)
All manufactured 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 eight percent, provided a maximum grade of 12 percent may be used if approved by the street superintendent, 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 centerlines of offset intersecting streets.
(14)
All parks shall be provided with pedestrian walks between individual manufactured homes, park streets and community facilities of not less than three feet in width. Grade and surfacing of walks shall be approved by the city engineering department representative as safe and comparable to sidewalks in other areas of the municipality subject to similar usage, except, that as an alternative, inverted curbing may be used which provides approximately three feet of concrete walking area adjacent to the curbline.
(15)
All manufactured home parks shall have a greenbelt or buffer strip not less than ten feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all manufactured home parks 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 manufactured home park. Compliance with this requirement shall be made within five years from the granting of the manufactured home park developer's permit. Screening or planting requirements may be waived or modified by the common council if it finds that the exterior architectural appeal and functional plan of the park, when completed, will be materially enhanced by modification or elimination of such screen planting requirements.
(16)
Manufactured home park operators shall, at the time of approval, pay the park development fees required for conventional subdivisions in section 111-242.
(17)
Single-family nondependent manufactured homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off-street parking lots, one park office and service buildings for exclusive use of park residents shall be the only permitted uses in manufactured home parks, provided the common council may approve the following uses when designed and limited to exclusive use of park residents:
a.
Laundromats.
b.
Clubhouses and facilities for private, social or recreation clubs.
c.
Swimming pools.
(18)
No signs shall be erected in manufactured home parks.
(19)
All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home space. Entrances to parks shall be designed to minimize congestion and traffic hazards and allow free movement of traffic on adjacent streets.
(Code 1993, § 13-1-226)
(a)
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 manufactured home park within the city without a valid, unexpired manufactured home park license issued by the city clerk and approved by the common council upon determination that the standards in this section have been met and payment of the required fees.
(b)
Manufactured home park 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.
(c)
The annual fee for a manufactured home park license shall be as established by the common council, from time to time, and as indicated in chapter 16 of this Code. Such fee shall also be paid upon the renewal of such license. Licenses may be transferred during a license year for a fee as established by the common council, from time to time. The fee amounts shall be as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.
(d)
Licenses granted under this section shall be subject to revocation or suspension by the governing body for cause in accordance with Wis. Stats. § 66.0435(2), and the procedures in that section shall be followed. The term "cause," as used in this subsection, means and includes, but is not be limited to:
(1)
Failure or neglect to abide by the requirements of this article or the laws or regulations of the state relating to manufactured home parks and their operation.
(2)
Conviction of any offense under the laws of the state or city ordinances relating to fraudulent or misleading advertising or deceptive practices regarding the sale or renting of manufactured homes or the leasing or rental of manufactured home spaces or sale, lease or operation of park facilities.
(3)
Operation or maintenance of the manufactured home park in a manner inimical to the health, safety or welfare of park occupants or the inhabitants of the city including, but not limited to, repeated violations of laws or ordinances relating to health, sanitation, refuse disposal, fire hazards, morals or nuisances.
(4)
Transfer or sale of an ownership interest in any manufactured home space or the underlying land other than to another eligible licensee. Such action shall also subject the owner of the underlying land to all requirements of the state or municipal subdivision control laws and regulations, regardless of the size or number of lots or spaces so transferred or sold.
(e)
Except as provided in subsection (f) of this section, no manufactured home park license shall be granted for any premises or to any person not meeting the following standards and requirements:
(1)
All standards and requirements set forth in section 113-372, except as specifically waived or modified in writing by the common council and endorsed on the manufactured home developer's permit. This requirement includes a valid certificate from the state department of health and family services that the park complies with the provisions of Wis. Admin. Code ch. COMM 26 applicable thereto.
(2)
Manufactured home parks should be used only for the parking and occupancy of single-family nondependent manufactured homes and accessory structures and appurtenances and uses.
(3)
Applicant shall file with the common council certificates certifying that all equipment, roads, sanitary facilities, water facilities and other equipment and facilities, including roads, have been constructed or installed in the park as required by this article and are in required operating condition at the time of said application. In addition, the chief of police, building inspector, and the chief of the fire department shall inspect or cause to be inspected each application and the premises to determine compliance with all applicable laws, regulations and ordinances applicable thereto. These officials shall furnish the common council in writing the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for whom the officer is certifying.
(4)
Location and operation of the park shall comply with all zoning and land use ordinances of the state and city.
(f)
Manufactured home parks in existence and operating under a valid manufactured home park license upon the effective date of the ordinance from which this article is derived, including parks in areas hereafter annexed to the city, shall be exempt from the requirements hereof relating to land use and occupancy provided such use and occupancy complies with the applicable laws and ordinances in effect at the time of issuance of the original license but shall file application for a manufactured home park 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 manufactured home park having a density in excess of that provided in section 113-372 shall not increase its density and shall be operated in other respects in accordance with this article. The common council 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 park occupants or inhabitants of the city. All extensions, modifications or additions to lawfully licensed existing parks or facilities or structures therein shall comply with this article.
(Code 1993, § 13-1-227)
(a)
In every manufactured home park, there shall be located an office of the attendant or person in charge of said park. A copy of the park license and of this article shall be posted therein and the park register shall, at all times, be kept in said office.
(b)
The attendant or person in charge and the park licensee shall operate the park in compliance with this article and regulations and ordinances of the city and state and their agents or officers and shall have the following duties:
(1)
Maintain a register of all park occupants, to be open at all times to inspection by state, federal and municipal officers, which shall show:
a.
Names and addresses of all owners and occupants of each manufactured home.
b.
Number of children of school age.
c.
State of legal residence.
d.
Dates of entrance and departure of each manufactured home.
e.
Make, model, year and serial number or license number of each manufactured home and towing or other motor vehicles and state, territory or country which issued such licenses.
f.
Place of employment of each occupant, if any.
(2)
Notify park occupants of the provisions of this article and inform them of their duties and responsibilities and report promptly to the proper authorities any violations of this article or any other violations of law which may come to their attention.
(3)
Report to city law enforcement officials all cases of persons or animals affected or suspected of being affected with any dangerous communicable disease.
(4)
Supervise the placement of each manufactured home on its stand which includes securing its stability and installing all utility connections and tie-downs.
(5)
Maintain park grounds, buildings and structures free of insect and rodent harborage and infestation and accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(6)
Maintain the park free from growth of noxious weeds.
(7)
Maintain the park free of litter, rubbish and other flammable materials; provide portable fire extinguishers of a type approved by the fire chief in all locations designated by the chief and maintain such extinguishers in good operating condition and cause every area within the park designated as a fire lane by the fire chief to be kept free and clear of obstructions.
(8)
Check to ensure that every manufactured home unit has furnished, and in operation, a substantial, flytight, watertight, rodentproof container for the deposit of garbage and refuse in accordance with the ordinances of the city.
(9)
Provide for the sanitary and safe removal and disposal of all refuse and garbage at least weekly. Removal and disposal of garbage and refuse shall be in accordance with the laws of the state and the ordinances and regulations of the municipality, including regulations promulgated by the fire chief.
(10)
Allow inspections of park premises and facilities at reasonable times by municipal officials or their agents or employees as provided by section 113-376(b).
(Code 1993, § 13-1-228)
(a)
Park occupants shall comply with all applicable requirements of this article and regulations issued hereunder and shall maintain their manufactured home space, its facilities and equipment in good repair and in a clean and sanitary condition.
(b)
Park occupants shall be responsible for proper placement of their manufactured homes on the manufactured home stand and proper installation of all utility connections in accordance with the instructions of the park management.
(c)
No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to cause any nuisance within the limits of any manufactured home park.
(d)
Each owner or occupant of a nonexempt manufactured home within a manufactured home park shall remit to the licensee or authorized park management the cash deposit and monthly parking permit fee.
(e)
It shall be the duty of every occupant of a park to give the park licensee or management, or his agent or employee, access to any part of such park or manufactured 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 city or lawful regulation or order adopted thereunder.
(f)
Manufactured homes shall be parked only on the manufactured home stands provided and shall be placed thereon in accordance with all requirements of this article.
(g)
No manufactured home owner or occupant shall conduct in any unit or any manufactured home park any business or engage in any other activity which would not be permitted in single-family residential areas in the city.
(h)
No person shall discharge any wastewater on the surface of the ground within any manufactured home park.
(i)
No person shall erect or place upon any manufactured home space any permanent or temporary structure intended to be used for dwelling purposes or in connection with any manufactured home unit, except as specifically authorized by this article.
(Code 1993, § 13-1-229)
(a)
Wrecked, damaged or dilapidated manufactured homes shall not be kept or stored in a manufactured home park or upon any premises in the city. The building inspector or common council shall determine if a manufactured home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such manufactured homes are hereby declared to be a public nuisance. Whenever the building inspector or common council so determines, they shall notify the licensee or landowner and owner of the manufactured home in writing that such public nuisance exists within the park or on lands owned by him giving the findings upon which his determination is based and shall order such home removed from the park or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.
(b)
Authorized representatives of the common council are authorized and directed to inspect manufactured home parks not less than once in every 12-month period to determine the health, safety and welfare of the occupants of the park and inhabitants of the city as affected thereby and the compliance of structures and activities therein with this article and all other applicable laws of the state and city ordinances.
(c)
Fires in manufactured home parks 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.
(d)
All plumbing, building, electrical, oil or gas distribution, alterations or repairs in the park shall be in accordance with the regulations of applicable laws, ordinances and regulations of the state and municipalities and their authorized agents, and may be performed by a professional manufactured home service technician.
(e)
All manufactured homes in manufactured home parks 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.
(f)
No person shall construct, alter or add to any structure, attachment or building in a manufactured home park or on a manufactured home space without a permit from the building inspector. Construction on, or addition or alteration to the exterior of a manufactured home shall be of the same type of construction and materials as the manufactured home affected. This subsection shall not apply to addition of awnings, antennas or skirting to manufactured homes. Accessory structures on manufactured home spaces shall comply with all setback, side yard and rear yard requirements for manufactured home units.
(g)
Storage under manufactured homes is prohibited.
(Code 1993, § 13-1-230)
All plumbing, electrical, building and other work on or at any manufactured home park under this article shall be in accordance with the city ordinances and the requirements of the state plumbing, electrical and building codes and the regulations of the state board of health. Licenses and permits granted under this article grant no right to erect or repair any structure, to do any plumbing work or to do any electric work.
(Code 1993, § 13-1-231)
The following guidelines, standards and requirements shall apply in site planning for manufactured home communities:
(1)
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.
(2)
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 safely 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 pedestrian way system that street crossings are combined.
(3)
Protection of visibility; automotive traffic, cyclists and pedestrians. At intersections of any streets, public or private, the provisions of section 113-164 shall apply and is hereby adopted by reference.
(4)
Ways for pedestrians and/or cyclists in exterior yards. In any exterior yard, required or other ways for pedestrian 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 accordance with the requirements concerning such ways set forth in subsections (1) through (3) of this section, approved ways in such locations shall be counted as common recreation facilities and may also be used for utilities easements.
(5)
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:
a.
Streets, drives and parking and service areas. Streets, drives and parking and service areas shall provide safe and convenient access to dwellings and community facilities and for service and emergency vehicles, but streets shall not be so laid out as to encourage outside traffic to traverse the community, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the community into small blocks. In general, block size shall be the maximum consistent with use, the shape of the site and the convenience and safety of the occupants.
b.
Vehicular access to streets. Vehicular access to streets from off-street parking areas may be direct from dwellings if the street or portion of the street serves 50 units or less. Determination of units served shall be based on normal routes anticipated for traffic. Along streets or portions of streets serving more than 50 dwelling units, or constituting major routes to or around central facilities, access from parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic conveniently, safely and in a manner that minimizes marginal traffic friction, and direct vehicular access from individual dwellings shall generally be prohibited.
c.
Ways for pedestrians and cyclists; use by emergency, maintenance or service vehicles.
1.
Walkways shall form a logical, safe and convenient system for pedestrian access to all dwellings, project facilities and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet.
2.
Walkways to be used by substantial numbers of children as play areas or routes to school, bus stops or other destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic. If an internal walkway system is provided, away from streets, bicycle paths shall be incorporated in the walkway system. Street crossings shall be held to a minimum on such walkways and shall be located and designated to provide safety and shall be appropriately marked and otherwise safeguarded. Ways for pedestrians and cyclists, appropriately located, designed and constructed may be combined with other easements and used by emergency, maintenance or service vehicle but shall not be used by other automotive traffic.
(Code 1993, § 13-1-232)