Ordinance No. 05-B1

STATE OF WISCONSIN
Town of Arena
Iowa County

SECTION I - TITLE AND PURPOSE

This Ordinance is entitled the Town of Arena Mobile Home License, Campground License, and Temporary or Seasonal Residence Permit Ordinance. The purpose of this Ordinance is to regulate by license or permit the installation, maintenance, and parking of mobile homes, manufactured homes, and camping units, the installation, construction, and maintenance of temporary or seasonal dwellings in the Town and the construction, installation, operation, and maintenance of mobile home parks and campgrounds to allow the Town to monitor the development of property within the Town in order to assure the proper assessment and taxation of and assessment of fees upon property within the Town and to assure the provision of fire and other emergency services to residents within the Town.

SECTION II - AUTHORITY

The Town Board has the specific authority under ss. 66.0119, 66.0435, 101.645, and 101.935, Wis. stats., and the Town's village powers under s. 60.22, Wis. stats., to adopt and enforce this Ordinance.

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, Wis. stats.

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.

I.        "Motor home" means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

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, Wis. stats.

4.        Any structure or dwelling constructed or installed and in compliance with the one- or 2-family dwelling code adopted under chapter 101, Wis. stats.

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 Wisconsin to sell manufactured homes or mobile homes.

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 Wisconsin to sell camping units in the Town.

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), Wis. stats. Mobile home park owner or operator shall collect and pay the timely fee to the Town treasurer, pursuant to s. 66.0435(3) (c), Wis. stats. Any mobile home park operator or owner who collects monthly parking permit fees may deduct for administrative expenses 2 % of the monthly fees collected prior to payment to the Town treasurer. Fees shall be collected by the owner or operator by the 1st of each month and paid to the Town treasurer by the 10th day of each month.

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 Arena manufactured and mobile home park fee shall be $75.00 annually.

 

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 Wisconsin under s. 254.47, Wis. stats.

B.             Campground annual fees are $75.00 payable to the Town of Arena.

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, Wis. stats.

Adopted this 10 day of March 2008.

[Signature of Town Board]

Attest: [Signature of Town Clerk]