Ordinance No. 05-B1
STATE OF
SECTION I -
TITLE AND PURPOSE
This Ordinance is
entitled the Town of
SECTION II -
AUTHORITY
The Town Board has
the specific authority under ss.
66.0119, 66.0435, 101.645, and 101.935,
SECTION III -
ADOPTION OF ORDINANCE
The Town Board, by
this Ordinance, adopted on proper vote with a quorum and by a roll call vote by
a majority of the Town Board present and voting provides the authority to
regulate, license, or permit certain parking, installation, or construction of
certain dwellings in the Town.
SECTION IV -
DEFINITIONS
A. "Campground"
means a facility on any parcel of land in the Town used for a temporary or
seasonal installation and parking of more than 2 camping units, where those
camping units are used primarily as temporary or seasonal sleeping, habitation,
lodging, or living quarters for recreational camping, hunting, fishing, or
travel purposes. "Campground" does not include a mobile home park.
"Campground" does include campground facilities regulated under s. 254.57 or chapter 707,
B.
"Camping Trailer" means a vehicle with a collapsible or
folding structure designated for human habitation and towed upon a highway by a
motor vehicle.
C. "Camping
Unit" means any portable device, no more than 400 square feet in area,
used in the Town as a temporary or seasonal dwelling, including but not limited
to a camping trailer, motor home, bus, van, pick-up truck, or tent, but does
not include a mobile home, manufactured home, or manufactured dwelling.
D. "Closed
construction" means any building, building component, assembly, or system
manufactured in such a manner that it cannot be inspected before installation
at the building site without disassembly, damage, or destruction.
E. 1.
"Manufactured Dwelling" means any structure or component of a
structure that is intended for use as a dwelling and:
a. Is
of closed construction that is fabricated or assembled on site or off site in
manufacturing facilities for installation, connection, or assembly and
installation at the building site; or
b. Is
a building of open construction, which is made or assembled in manufacturing
facilities away from the building site for installation, connection, or
assembly and installation on the building site and for which certification is
sought by the manufacturer.
2. "Manufactured
dwelling" does not include a building of open construction, which is not
subject to paragraph 1. b. A single- or multi-width manufactured home is not
considered a dwelling.
c. A
camping unit.
F. 1.
"Manufactured home" means any of the following:
a. A
structure manufactured or assembled on or after July 15, 1976, but which is transportable
in one or more sections and that in the traveling mode is 8 body feet or more
in width or 40 body feet or more in length, or, when erected on site is 320 or
more square feet in area, and that is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when connected
to the required utilities.
b. A
structure that meets all the requirements of paragraph 1,except
the size requirements, and with respect to which the manufacturer voluntarily
files a certification required by the secretary of housing and urban
development and complies with the standards established under 42 USC 5401 to
5425. This does not include any manufactured dwelling as defined herein.
G. "Mobile
home" means any mobile home manufactured or assembled before June 15, 1976
that 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.
"Mobile home" does not include any camping unit.
H. "Mobile home
park" means a facility in the Town where more than 2 mobile homes
are installed or parked on a parcel for dwelling or sleeping purposes
regardless if any charge is made for the accommodation, unless waived in
writing by the Town. "Mobile home park" includes 3 or more of any
combination of mobile homes, manufactured homes, manufactured dwellings, or
camping units regardless of charge on a parcel, unless waived in writing by the
Town Board.
J. "Open
construction" means any building, building component, assembly, or system
manufactured in such a manner that it can be readily inspected at the building
site without disassembly, damage, or destruction.
K. "Temporary
or seasonal dwelling" means any dwelling, cabin, shack, cottage,
manufactured home, manufactured dwelling, mobile home, camping unit, or similar
structure constructed, installed, parked, or maintained on a parcel of land in
the Town for temporary or seasonal human habitation, sleeping, lodging,
shelter, or living quarters for recreational, camping, hunting, fishing, or
travel on a temporary or seasonal basis. "Temporary or seasonal
dwelling" does not include any of the following:
1. A
structure or dwelling unit that has proper and lawful septic or sewage, water,
and electrical connections attached to the dwelling to properly service the
projected occupants.
2. A
manufactured dwelling, mobile home, manufactured home, or camping unit that is
used for permanent and year-round habitation, sleeping, lodging, shelter, or
living quarters.
3. Any
hotel, tourist rooming house, motel, inn, or bed and breakfast establishment as
defined in s. 254.61,
4. Any
structure or dwelling constructed or installed and in compliance with the one-
or 2-family dwelling code adopted under chapter 101,
5. A
multi-family dwelling unit, including any apartment, Town house, condominium,
row house, nursing home, jail, prison, or community based residential facility
that has installed, conducted, and maintained sufficient and proper and lawful
septic or sewage, water, and electrical connection to properly service the
projected occupants of these facilities, as determined in writing by the Town
Board, and with sufficient and proper minimum sleeping room square footage and
total square footage to properly service the projected occupants as determined
by the Town Board or its designee.
6. Any
dwelling unit used for temporary or seasonal habitation less than 14 days in
any calendar year.
SECTION V - TEMPORARY
& MOBILE DWELLINGS OUTSIDE MOBILE HOME PARKS
A. No
person on any parcel of land in the Town outside of a licensed Mobile Home Park
shall construct, install, park, or otherwise locate, or cause the construction,
installation, parking, or other location of, any temporary or seasonal
dwelling, manufactured home, or mobile home, for more than 30 days in any
calendar year without obtaining a Town Building Permit issued pursuant to the Town
Building Control Permit Ordinance and compliance with the provisions of the Town
Building Control Permit Ordinance, any County of Iowa or Town zoning Ordinance,
any Town comprehensive plan, any other applicable Town Ordinances, and all
applicable statutes and provisions of the Wisconsin Administrative Code. No
person may occupy or permit the occupancy of any temporary or seasonal
dwelling, manufactured home, or mobile home outside of a licensed mobile home
unless a Town Occupancy Permit issued under the Town Building Control Permit Ordinance
is issued for the specific temporary or seasonal dwelling, manufactured home,
or mobile home.
B. This
subsection does not apply to any of the following:
1. Any
mobile home or manufactured home parked temporarily on a parcel approved in
writing by the Town Board and licensed by the State of
2. Any
camping unit parked or installed in a properly licensed campground.
3. Any
camping unit occupied for temporary or seasonal habitation outside of a
licensed campground if parked or otherwise located on private property in a
safe location with the approval of the owner of the property where parked or
located for less than 5 days in a calendar year if parked or otherwise located
on private property in a safe location with the approval of the owner of the
property where parked or located.
4. Any
unoccupied camping unit parked or otherwise located outside of a licensed
campground if parked or located on private property in a safe location with the
approval of the owner of the property where parked or located.
5. Any
unoccupied camping unit parked or installed temporarily at a place approved in
writing by the Town and licensed by the State of
6. Any temporary or
seasonal dwelling residential unit occupied for habitation in the Town that is
less than 100 square feet or any temporary or seasonal dwelling residential
unit parked, installed, and maintained less than 14 days in any calendar year
if parked or located on private property in a safe location with the approval
of the owner of the property where parked or located.
SECTION VI -
MOBILE HOME PARKS
A. Except
for any mobile home park owned or operated by the County of Iowa, no person,
after the effective date of this Ordinance, may install, operate, or maintain,
or cause the construction, installation, operation, or maintenance of, any
mobile home park in the Town unless the owner of the land occupied by the
mobile home park or the operator of the mobile home park has been issued a Town
Mobile Home Park License by the Town Clerk and has fully paid the annual
license fee under s. 66.0435(3) (a), Wis. stats., due the Town for the calendar
year.
B. No
person, after the effective date of this Ordinance, may construct, install,
operate, or maintain, or cause the construction, installation, operation, or
maintenance of, a mobile home park in the Town without compliance with all
applicable statutes, provisions of the Wisconsin Administrative Code, including
compliance with specific rental requirements established under the Wisconsin
Administrative Code, which are adopted as part of this Ordinance by reference,
any County of Iowa or Town zoning Ordinance, any Town comprehensive plan, this Ordinance,
and any other applicable Town Ordinances.
C. No person, after the effective date of this Ordinance,
shall have installed, operated, parked, or maintained, or cause to be
installed, operated, parked, or maintained in any mobile home park in the Town
a manufactured home, manufactured dwelling, mobile home, or camping unit unless
it constitutes an improvement in rural property under s. 70.043(1), Wis.
stats., unless it constitutes a recreational mobile home or camper trailer as
defined in s. 70.111(19), Wis. stats. without timely
payment of the monthly Parking Permit fee as determined under s. 66.0435(3)
(c),
D. Any
licensed mobile home park operator or owner of land on which a mobile home park
is located, shall timely notify the Town Clerk of information requested in
writing by the Town Clerk, including the number of all mobile homes,
manufactured homes, camping units installed, parked, or removed at any specific
time periods in the mobile home park. This information shall be provided by the
owner of the land or the operator of the mobile home park within 5 days after
written request from the Town Clerk. The information requested shall be on a
form provided by the Town Clerk.
E. No
person shall in any mobile home park in the Town create or maintain, or cause
or allow the creation or maintenance of, a public nuisance or a substantial
threat or danger to the health or safety of the public, including to those
persons who are occupants or tenants of the mobile home park.
F.
No
person after the effective date of this Ordinance shall construct, install,
operate, or maintain, or cause the construction, installation, operation, or
maintenance of, any mobile home park unless the mobile home park meets the
following minimum construction, installation, and maintenance standards for the
park and for every mobile home, manufactured dwelling, or camping unit to be
installed or maintained in the mobile home park:
G.
No mobile home park, after the effective date of this Ordinance, may be
occupied at any one time by more than 25 mobile homes, manufactured homes, or
camping units, or a combination thereof, installed,
maintained or parked in the mobile home park. Manufactured dwellings shall be
permitted for installation in a mobile home park only upon written approval of
the Town Board. No other buildings or structures are to be constructed,
installed, or used in the mobile home park for living quarters, sleeping,
lodging, or any habitation, unless approved in writing by the Town Board.
H.
The Town reserves the right to place special
charges or special assessments on the land where the mobile home park is
located to defray the costs to the Town of services and materials furnished to
the mobile home park.
I.
Town of
SECTION IX -
CAMPGROUNDS
A.
No
person, after the effective date of this Ordinance, may construct, install,
operate, maintain, or cause the construction, installation, operation, or
maintenance of, a campground without obtaining a Town Campground License. No Town
Campground License shall be issued for a campground for which a permit has not
been issued by the State of
B.
Campground
annual fees are $75.00 payable to the Town of
SECTION X -
GENERAL LICENSE AND PERMIT PROVISIONS
A. No
person may conduct or cause any activity or use enumerated in this Ordinance
without a license or permit required in this Ordinance.
B. Application
for a license or permit under this Ordinance shall be made to the Town Clerk on
a form furnished by the Town. The application shall contain such information as
may be required by the Town Board.
C. All
license or permit fees imposed under this Ordinance shall be collected by the Town
Clerk and paid into the Town treasury. If a license or permit is denied after
payment of a license fee, the license or permit fee shall be returned to the
applicant.
D. A
license or permit under this Ordinance may be issued by the Town Clerk, with
the approval of the Town Board. If the Town Clerk has reason to believe that
the applicant is not a fit person to be granted the license or permit, that the
conduct, use or activity is not in compliance with federal or state law or
regulations or any county, extraterritorial, or Town Ordinance, or that the
parcel for the conduct, use, or activity is not suitable, the Town Clerk shall
refer the license or permit to the Town Board, or its designee, for
investigation or inspection. If as a result of the investigation or inspection,
the Town Clerk, with the approval of the Town Board, denies the license or
permit, an appeal may be made by the applicant in writing to the Town Clerk
within 5 days after the date of the denial. Upon receipt of a written appeal,
the Town Clerk shall set a public hearing before the Town Board not less than
10 days after receipt of the written appeal and provide written notice of the
hearing to the appellant. At the hearing the appellant is entitled to be
represented by counsel. After hearing the evidence the Town Board may confirm
or reverse the denial. The determination of the Town Board is final.
E. All
annual licenses or permits issued under this Ordinance shall expire on the
succeeding June 30.
F. All
licenses or permits issued under this Ordinance shall be displayed upon the
parcel or vehicle for which issued, or, if carried on the person, shall be
displayed to any officer of the Town upon request.
G. It
shall be a condition of holding a license or permit under this Ordinance that
the licensee or permittee fully comply with all Federal
or State law or regulations, County, Extraterritorial, or Town Ordinances.
Failure to do so shall be cause for revocation of the license or permit.
H. All
licenses or permits issued under this Ordinance are personal and are not
transferable except by written approval of the Town Board.
I. Any license or
permit issued under this Ordinance may be revoked for cause by the Town Board.
Any licensee or permittee whose license or permit is
so revoked may apply within 5 days after the revocation for a public hearing
before the Town Board. At the hearing, the licensee or permittee
is entitled to be represented by counsel. The hearing shall be conducted upon
publication of a Class 1 Notice under s. 985.07, Wis. stats., prior to hearing, with
the costs for publication and public hearing paid by the licensee or permittee to the Town Clerk prior to publication. After
hearing the evidence, the Town Board may confirm or reverse the revocation, or
modify the revocation by imposing a limited period of suspension. The
determination of the Town Board shall be in writing, shall state the reasons
for the Board's action, and is final.
SECTION XI -
PENALTY PROVISIONS
Any person,
partnership, corporation, or other legal entity that fails to comply with the
provisions of this Ordinance shall, upon conviction, pay a forfeiture of not
less than $25 nor more than $50, plus the applicable
surcharges, assessments, and costs for each violation. Each day a violation
exists or continues constitutes a separate offense under this Ordinance. In
addition, the Town Board may seek injunctive relief from a court of record to
enjoin further violations.
SECTION XII -
SEVERABILITY
If any provision of
this Ordinance or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of
this Ordinance that can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable.
SECTION XII -
EFFECTIVE DATE
This Ordinance is
effective upon publication.
The Town Clerk shall
properly publish this Ordinance as required under s. 60.80,
Adopted
this 10 day of March 2008.
[Signature of Town
Board]
Attest: [Signature
of Town Clerk]