This District is intended to create, preserve, and enhance areas exclusively designed for mobile home and tiny home developments.
(a) Minimum dimensional requirements; minimum number of lots or spaces.
(1) Where an MHTH District is to be established for the development of a mobile home or tiny home neighborhood, the minimum area shall be ten acres.
(2) The minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 50% of total units permitted on the zoned site.
(3) These limitations shall not apply where expansion of an existing mobile home park or neighborhood is concerned and where such expansion will not increase variation from requirements applying to mobile home neighborhoods, as set forth herein.
(b) Permitted and permissible uses and structures.
(1) Single-family detached mobile homes (residential mobile home) or tiny home. In mobile or tiny home neighborhoods, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted, but dwellings may be sold on lots or spaces 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.
(3) Rental. No mobile home or tiny home site shall be rented for a period of less than 30 days.
(c) Standard requirements for mobile home or tiny home neighborhoods, additions, or extensions. All mobile home and tiny home neighborhoods and modifications of or additions or extensions to existing neighborhoods within an MTH District shall comply with the following:
(1) Wis. Admin. Code, Chapters SPS 321, PSC 184 are 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 section or any other applicable law or ordinance of the state or village which is more restrictive.
(2) Mobile home or tiny home neighborhoods shall contain a minimum of ten acres of land. Additions to or extensions of mobile home parks shall contain a minimum of one acre of land.
(3) Individual lots or spaces shall be not less than 5,000 square feet in area and arranged to afford ample area for a variety of units, a setback of 50 feet from all public rights-of-way and 25 feet from any park drive or common area, including common parking areas, 40 feet from all park boundary lines, and 20 feet from any other unit, building, or structure. Street frontage for individual mobile home lots shall not be less than 50 feet. Accessory structures, such as awnings, storage cabinets, carports, windbreaks or attached porches, shall be considered part of the unit for purposes of determining compliance with this section.
(4) No mobile home or tiny home neighborhood shall be laid out, constructed, or operated without village water supply and sanitary sewer service. All water or sanitary sewerage facilities in any unit not connected shall be sealed, and their use is hereby declared unlawful.
(5) 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 park building.
(6) 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 system 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 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.
(7) Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the Health Officer or Fire Chief. Open burning of waste or refuse is prohibited.
(8) All television antenna systems; electrical and telephone distribution lines and oil or gas piping serving the neighborhood 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 220 volt service located adjacent to the water and sewerage outlets. Receptacles shall be on the one-pole-four-wire grounding type and have a four-prong attachment for 110 to 220 volts.
(9) A minimum of two off-street parking spaces surfaced with bituminous concrete or similar material capable of carrying a wheel load of 1,000 pounds shall be provided for each mobile home space.
(10) Condition of soil, ground, water level, drainage, and topography shall not create hazards to the property, health, or safety of occupants of mobile or tiny home spaces or living units. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences. No portion of the neighborhood which is 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.
(11) Exposed ground surfaces in all parts of every mobile home or tiny home neighborhood shall be paved or covered with stone screenings or other solid materials or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.
(12) The ground surface in all parts of every mobile home or tiny home neighborhood shall be graded and equipped to drain all surface water in a safe, sanitary, and efficient manner.
(13) All mobile or tiny home neighborhoods 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.
a. All parts of the park street systems: 0.6 foot-candles with a minimum of 0.1 foot-candles.
b. Potentially hazardous locations, such as major park street intersections and steps or stepped ramps, individually illuminated with a minimum of 0.6 foot-candles.
(14) All mobile home or tiny home spaces shall abut upon a street. Widths of streets shall be in accordance with the village’s subdivision and platting code. 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 or 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 a maximum grade of 12% may be used if approved by the village 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.
(15) In all mobile home or tiny home neighborhoods there shall be one or more recreation areas easily accessible to all neighborhood residents. Such areas shall include a total minimum of one lot per 30 spaces. If a park has less than 30 spaces, one recreation area must be provided. No single recreational area shall contain less than 5,000 square feet unless each mobile home site is provided with 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 mobile home or tiny home spaces which they serve.
(16) Single-family nondependent mobile homes or tiny 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 mobile home parks, provided the Village Board may approve the following uses when designed and limited to exclusive use of neighborhood residents.
a. Laundromats.
b. Clubhouses and facilities for private social or recreation clubs.
c. Swimming pools.
(17) No signs shall be erected in mobile home or tiny home neighborhoods except signs pertaining to the lease, hire, or sale of individual mobile homes or tiny homes not more than two square feet in area and one mobile home or tiny home neighborhood identification sign not more than 50 square feet in area at each park entrance.
(18) All mobile home or tiny home neighborhoods shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home space. Entrances to neighborhoods shall be designed to minimize congestion and traffic hazards, and allow free movement of traffic on adjacent streets. The standards and requirements for mobile home or tiny home neighborhood design, layout, and development contained in this section are intended to be minimum standards necessary to create a safe, sanitary, healthful, and agreeable environment in neighborhoods designed for mobile home, tiny homes, and the village. The express enumeration of such standards shall not preclude the governing body by resolution or bylaw, or express written agreement, with the mobile home or tiny home neighborhood owner or developer from imposing additional requirements or modifying the requirements set forth in this section whenever it shall determine that such modifications or additions are more likely to achieve the purposes of this section than those set forth herein, and will not conflict with applicable laws of the state or county.
(d) Annual mobile home or tiny home neighborhood operation license.
(1) No person shall operate, administer, or maintain a mobile home or tiny home neighborhood within the village without a valid/unexpired license issued by the Village Administrator, Clerk, and highest elected official, as appropriate, and approved by the Village Board upon determination that the standards in this section have been met and payment of the required fee.
(2) Mobile home or tiny home neighborhood 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 not rebate or diminution of the fee shall be allowed therefor.
(3) The fee for a mobile home or tiny home neighborhood license shall be as established in the village’s annual fee schedule. Licenses may be transferred during a license year upon payment of a fee as established in the village’s annual fee schedule.
(4) Licenses granted under this section shall be subject to revocation or suspension by the governing body for cause in accordance with Wis. Stats. § 66.0453(2)(d).
CAUSE, as used in this subsection (d), shall include, but not be limited to:
a. Failure or neglect to abide by the requirements of this section or the laws or regulations of the state relating to mobile home parks and their operation;
b. Conviction of any offense under the laws of the state or ordinances of the village relating to fraudulent or misleading advertising or deceptive practices regarding the sale or renting of mobile homes or tiny homes, or the leasing or rental of mobile home of tiny home spaces or sale/lease or operation of neighborhood facilities;
c. Operation or maintenance of the mobile home or tiny home neighborhood in a manner inimical to the health/safety or welfare of park occupants or the inhabitants of the village; including, but not limited to, repeated violations of laws or ordinances relating to health, sanitation, refuse disposal, fire hazards, morals, or nuisances; and/or
d. Transfer or sale of an ownership interest in any mobile home or tiny 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 and municipal subdivision control laws and regulations regardless of the size or number of lots or spaces so transferred or sold.
(5) Except as provided in subsection (f) below, no mobile home or tiny home neighborhood license shall be granted for any premises or to any person not meeting the following standards and requirements:
a. All standards and requirements set forth in this section, except as specifically waived or modified in writing by the Village Board and endorsed on the mobile home or tiny home neighborhood developer’s permit. This requirement includes a valid certificate form the State Department of Health and Social Services that the neighborhood complies with the provisions of Wis. Admin. Code, Chapter SPS 321, applicable thereto.
b. Mobile home or tiny home neighborhoods shall be used only for the parking and occupancy of single-family, nondependent mobile homes or tiny homes and accessory structures, and appurtenances and uses authorized and approved under § 13-l-27(c)(16).
c. Applicants shall file with the approving officer certificates of the Building Inspector and Health Officer certifying that all equipment, roads, sanitary facilities, water facilities, and other equipment and facilities have been constructed or installed in the park as required by this section and are in required operating condition at the time of said application.
d. Location and operation of the neighborhood shall comply with all zoning and land use ordinances of the state and village, and no permit shall be issued until the proposed use has been certified by the Building Inspector as complying with such ordinances.
(6) Each applicant for an original or renewed license shall file with the Village Administrator, Clerk, and highest elected official, as appropriate, a bond, as specified in the village’s annual fee schedule, for each 50 mobile home spaces or fraction thereof guaranteeing the collection by the licensee of the monthly parking permit fees as provided in Title 7, Chapter 5 and the compliance of the licensee and the neighborhood management with the provisions of this code of ordinances. Such bond shall also be for the use and benefit and may be prosecuted and recovery had thereon by any person who may be injured or damaged by reason of the licensee violating any provision of this section.
(e) Operation of mobile home or tiny home neighborhoods; responsibility of neighborhood management.
(1) For every mobile home or tiny home neighborhood there shall be located an office of the attendant or person in charge of said neighborhood. A copy of the license and of this section shall be posted therein, and the neighborhood register shall at all times be kept in said office. Said office shall be located within the village.
(2) The attendant or person in charge and the neighborhood licensee shall operate the neighborhood in compliance with this section and regulations and ordinances of the village and state and their agents or officers, and shall have the following duties.
a. Maintain a register of all neighborhood occupants, to be open at all times to inspection by state, federal, and village officers, which shall show:
1. Names and addresses of all owners and occupants of each mobile home or tiny home;
2. Number of children of school age;
3. State of legal residence;
4. Date of entrance and departure of each mobile home or tiny home; and
5. Make, model, year, and serial number of license number of each mobile home or tiny home, and towing or other motor vehicles and state, territory, or country issuing such licenses.
b. Notify neighborhood occupants of the provisions of this section and inform them of their duties and responsibilities, and report promptly to the proper authorities any violations of this section or any other violations of law which may come to their attention.
c. Notify the Health Officer immediately of any suspected communicable or contagious disease within the neighborhood.
d. Supervise the placement of each mobile home on its stand which includes securing its stability and installing all utility connections and tiedowns, and the placement of any tiny home in accordance with building code requirements.
e. Maintain neighborhood 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.
f. Maintain the neighborhood free from growth of noxious weeds.
g. Maintain the neighborhood 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 neighborhood designated as a fire lane by the Fire Chief to be kept free and clear of obstructions.
h. Provide every mobile home and tiny home unit with a substantial flytight, watertight, rodentproof container for the deposit of garbage and refuse. The management shall provide stands for all refuse and garbage containers so designed as to prevent tipping, and minimize spillage and container deterioration, and facilitate cleaning.
i. 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 village, including regulations promulgated by the Health Officer and the Fire Chief.
j. Collect the monthly parking permit fee and cash deposits for each occupied non-exempt mobile home or tiny home within the neighborhood, and remit such fees and deposits to the Village Administrator, Clerk, and highest elected official, as appropriate. Neighborhood operators are responsible to assure for the collection and payment to the Village Treasurer real estate taxes which are levied upon the neighborhood, mobile homes, and tiny homes within the neighborhood.
k. Allow inspections of neighborhood premises and facilities at reasonable times by municipal officials or their agents or employees.
(f) Responsibilities and duties of mobile home or tiny home neighborhood occupants.
(1) Neighborhood occupants shall comply with all applicable requirements of this section and regulations issued hereunder, and shall maintain their mobile home or tiny home space, its facilities, and equipment in good repair, and in a clean and sanitary condition.
(2) Neighborhood occupants shall be responsible for proper placement of their mobile homes on the mobile home stand, tiny homes constructed in accordance with building regulations, and proper installation of all utility connections in accordance with the instruction of the park management.
(3) No owner or person in charge of a dog, cat, or other pet or animal shall permit it to run at large or to cause any nuisance within the limits of any neighborhood.
(4) Each owner or occupant of a non-exempt mobile home or tiny home within a neighborhood shall remit to the license or authorized neighborhood management the cash deposit and monthly parking permit fee.
(5) It shall be the duty of every occupant of a neighborhood to give the park licensee or management, or his or her agent or employee, access to any part of such neighborhood or mobile home or tiny home premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this section, or any law or ordinance of the state or village or lawful regulation or order adopted thereunder.
(6) Mobile homes shall be parked only on the mobile home stands provided, and shall be placed thereon in accordance with all requirements of this section.
(7) No mobile home or tiny home owner or occupant shall conduct in any unit or any mobile home or tiny home neighborhood any business or engage in any other activity which would not be permitted in single-family residential districts in the village.
(8) No person shall discharge any wastewater on the surface of the ground within any mobile home or tiny home neighborhood.
(9) No person shall erect or place upon any mobile home or tiny 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 section.
(g) Mobile home or tiny home neighborhood developer’s permit.
(1) Requirement. No person shall construct, alter, modify, or extend any mobile home or tiny home neighborhood, or mobile home or tiny home neighborhood building or facility, within the limits of the village without first having the property rezoned to the MHTH classification and securing a mobile home or tiny home neighborhood developer’s permit from the village. Such permits shall be issued by the Administrator upon approval by the Village Board.
(2) Applications. Applications for mobile home or tiny home neighborhood developers’ permits shall be filed with the Village Administrator, Clerk, and highest elected official, as appropriate, with sufficient copies for the Building Inspector, members of the Plan Commission, and Fire Chief 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 village, and report their findings in writing to the Village Board within 60 days. Such reports shall be considered by the Village Board before any permit is issued hereunder. Failure of any one of the above to report within the allotted time shall be deemed a unfavorable recommendation.
(3) Fees. Applications for mobile home or tiny home neighborhood developers’ permits shall be accompanied by a fee as set forth in the village’s annual fee schedule to cover the cost of investigation and processing, plus regular building permit fees for all buildings or structures to be erected within the proposed neighborhood.
(4) Information. Applications shall be made on forms furnished by the Administrator and shall include the following information:
a. Name and address of the applicant;
b. Location and legal description of the proposed neighborhood, addition, modification, or extension;
c. A complete plot plan showing compliance with all applicable provisions of this section and the Village Building Code, and zoning and subdivision ordinances;
d. Complete preliminary engineering plans and specifications, including a scale drawing of the proposed neighborhood showing, but not limited to:
1. Plans and specifications of all utilities, including:
i. Sewerage collection and disposal;
ii. Stormwater drainage;
iii. Water and electrical distribution and supply;
iv. Refuse storage and collection;
v. Lighting; and
vi. Telephone and television antenna systems.
2. Location and width of roadways and walkways, buffer strips, recreational, and other common areas;
3. The location of mobile home stands with the mobile home spaces, including a detailed sketch of at least one typical mobile home space and stand therein. The location of all tiny homes, including a detailed sketch of at least one typical tiny home space;
4. Landscape plan showing all plantings; and
5. Plans and specifications of all buildings and structures within the proposed neighborhood.
e. Interest of applicant in proposed mobile home or tiny home neighborhood, or extension thereof. If the owner of the tract is a person other than applicant, a duly verified statement shall be provided by the owner that the applicant is authorized by him or her to construct and maintain the proposed neighborhood, addition, modification, or extension, and make the application; and
f. Written statements describing proposed neighborhood operations, management, and maintenance, including proposed fees and charges, and other requirements, to be imposed on neighborhood occupants by the neighborhood operator.
(5) Final plans. Final engineering plans and specifications complying with the provisions of this section, and any modifications or conditions imposed by the governing body shall be submitted to the Administrator and checked by the proper village officials for compliance before the license is issued.
(6) Rezoning procedures. The procedures for creating an MHTH District shall be as prescribed in Article J, § 13-1-124.
(7) Assignment of permits. No mobile home or tiny home neighborhood developer’s permit, once issued, shall be assignable without the written consent of the Village Board.
(h) Additional regulations on mobile homes, tiny homes, and associated neighborhoods.
(1) a. Wrecked, damaged, or dilapidated mobile homes or tiny homes shall not be kept or stored in a mobile home or tiny home neighborhood, or upon any premises in the village. The Health Officer or Building Inspector shall determine if a mobile home or tiny home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes or tiny homes are hereby declared to be a public nuisance.
b. Whenever the appropriate officer so determines, he or she shall notify the licensee or landowner and owner of the mobile home or tiny home in writing that such public nuisance exists within the neighborhood, or on lands owned by him or her, giving the findings upon which his determination is listed, and shall order such home removed from the neighborhood or site or repaired to a safe, sanitary, and wholesome condition of occupancy within a reasonable time, but not less than 30 days.
(2) The Health Officer, Building Inspector, Fire Chief, Village Engineer, Village Board, or their lawful agents or employees are authorized and directed to inspect mobile home or tiny home neighborhoods not less than once in every 12-month period to determine the health, safety, and welfare of the occupants of the neighborhood and inhabitants of the village as affected thereby, and the compliance of structures and activities therein with this section and all other applicable laws of the state and ordinances of the village.
(3) Fires in mobile home or tiny home neighborhoods 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.
(4) All plumbing, building, electrical, oil, or gas distribution, alterations, or repairs in the neighborhood shall be in accordance with the regulations of applicable laws, ordinances, and regulations of the state and municipalities and their authorized agents.
(Ord. passed 1-18-2021)