Chapter 92
MOBILE HOMES AND MOBILE HOME PARKS
[HISTORY: Adopted
by the Town Board of the Town of Troy 3-17-1970 by Ord No. 70-1. Amendments
noted where applicable.]
GENERAL REFERENCES
Impact fees See Ch. 70.
Subdivision of land See Ch. 135.
Zoning See Ch. 170.
§ 92-1. Definitions.
Whenever used in this
chapter, unless a different meaning appears from the context, the following
terms shall have the meanings indicated:
DEPENDENT MOBILE HOME A
mobile home which does not have complete bathroom facilities.[1]
MOBILE HOME Any trailer,
coach, cabin, or other vehicle or structure intended for or capable of human
dwelling or sleeping purposes, mounted upon wheels or supports and/or capable
of being transported by another vehicle, except those for recreation, having
dimensions less than eight feet by 35 feet, and/or tourism or devices used
exclusively upon stationary rails or tracks.
MOBILE HOME PARK Any
park, court, campsite, plot, parcel, or tract of land designed, maintained,
intended or used for the purpose of supplying a location or accommodation for
more than two mobile homes and shall include all buildings used or intended for
use as part of the equipment thereof, whether or not a charge is made for the
use of the mobile home and its facilities. Mobile home park shall not include
automobile or trailer sales on lots on which unoccupied trailers are parked for
purpose of inspection.
NONDEPENDENT MOBILE HOME
A mobile home equipped with complete bath and toilet facilities, all furniture,
cooking, heating, appliances and complete year-round facilities.[2]
PERSON Includes an
individual, partnership, firm, company, or corporation, whether tenant, owner,
lessee, licensee, or his or its agent, heir or assign.
SPACE A plot of ground
in a mobile home park of not less than 5,000 square feet of space or such as
may be set by county and/or state ordinances, designed for the location of only
two automobiles and/or one mobile home, with a minimum width of 50 feet at the
frontage and 15 feet setback from the property or lot line.
UNIT A mobile home.
These units must be capable of being transported as one unit only.
§ 92-2. Location of mobile homes; removal of
abandoned mobile homes.
A. Location outside parks.
(1) It shall be unlawful, except as provided in this chapter, for any
person to park any travel trailer or mobile home on any street, alley, or
highway, or other public place, or on any tract of land owned by any person,
within the Town of Troy, St. Croix County, Wisconsin.
(2) Emergency or temporary stopping or parking is permitted on any
street, alley or highway for not longer than four hours subject to any other
and further prohibitions, regulations or limitations imposed by the traffic and
parking regulations or ordinances for the street, alley or highway.
(3) No person shall park or occupy any mobile home on any premises
which is situated outside an approved mobile home park or trailer park (except
under special permit as provided in Subsection B). The parking of only
unoccupied mobile homes in any accessory private garage building, or in a rear
yard, is permitted provided that no living quarters shall be maintained or any
business practiced in said mobile home which such mobile home is parked or
stored.
B. Permit for location outside of mobile home park.
(1) The Town Board may issue special written permits allowing the
location of a mobile home outside of a mobile home park for placement on a
farm.
(2) A special permit shall be required for any mobile home of a
lesser size than 600 square feet of living space.
(3) The person to whom such a permit is granted shall be subject to
taxes as levied by said Town.
(4) Permits shall be granted only upon written consent of the owner,
legal agent of the owner or the lessee of the location for which the permit is
issued.
(5) No more than one mobile home shall be permitted per farm. It
shall be the duty of the Town Board to designate and rule on what is a farm.
This permit may be issued to a family member or employee of said farm.
Unincorporated residential areas under the jurisdiction of the Town government
shall abide by this chapter.
(6) In the event of a fire or natural disaster, a special permit for
a mobile home may be granted by the Town Board.
(7) Application for the permit shall be made to the Town
Clerk-Treasurer and shall be accompanied by an inspection fee as set by the
Town Board in the current fee schedule on file with the Clerk-Treasurer and
shall state the name and permanent addresses of the occupants of the mobile
home, the license number of their trailer and towing vehicle, place of last
stay, intended purpose of stay at requested location, whether the occupants are
nonresident tourists, whether any occupant is employed in this state; the exact
location of the premises, the name of the owner and the occupant of any
dwelling on the premises and the owner's and/or occupant's permission to
locate; a statement of the nature and location of sanitary facilities and the
permission of the occupant of the dwelling house for their use; and a statement
that all wastes from trailer occupancy will be disposed of in a sanitary manner.
(a) Application for location outside a mobile home park must meet
the specifications of the St. Croix Zoning Ordinance and must be accompanied by
a sanitary permit issued by the Zoning Administrator for St. Croix County,
Wisconsin.
(b) The applicant will furnish a deposit of $250 to the Town of Troy
Clerk-Treasurer prior to approval. The balance of this deposit will be returned
after all taxes, fees, administrative costs, penalties, and other costs are
paid. [Added 2-8-1988]
(8) All occupants for any mobile home located outside of a park shall
register with the Town Clerk-Treasurer as provided in § 92-8 of this chapter.
All provisions of this chapter governing the location, use and sanitation of
mobile homes located in a licensed mobile home park shall, so far as they are
applicable, apply to any mobile home located outside of such park.
C. All abandoned mobile homes within the Town of Troy shall be
condemned and removed from the premises. An abandoned home shall be defined as
being unoccupied for 12 months.
§ 92-3. Permanent occupancy restricted.
A. Mobile homes shall not be used as a permanent place of abode or
as a permanent dwelling or for an indefinite period of time unless the
provisions of § 92-10 are complied with, provided that any nondependent mobile
home properly connected with a sanitary sewage system and a well may be
permitted on any premises if such mobile home shall be constructed and located
in compliance with all requirements of the building, plumbing, health,
sanitary, electrical and zoning ordinances of the Town, county, and state and
complies with all requirements set forth in § 92-2 of this chapter.
B. Any action toward the removal of wheels, except for temporary
purposes of repair, or other action to attach the mobile home to the ground by
means of posts, piers, or foundation shall subject the mobile home to the
requirements of any building codes as well as this chapter.
§ 92-4. License for mobile home park; application and
issuance.
A. It shall be unlawful for any person to establish, operate or
maintain or permit to be established, operated or maintained upon property
owned, leased, or controlled by him a mobile home park within the limits of the
Town of Troy without having first secured a license for each such park from the
Town Board pursuant to this chapter. Such license shall expire one year from
the date of issuance but may be renewed for an additional period of one year.
B. The application for such license or the renewal thereof shall
be filed with the Town Clerk-Treasurer and shall be accompanied by a fee for
each space in the existing or proposed park, with a minimum fee for the first
50 spaces or fraction thereof, as set by the Town Board in the current fee
schedule on file with the Clerk-Treasurer, and a surety bond in the sum of
$5,000 shall accompany said application. This bond shall guarantee the
collection by the licensee of the monthly parking permit or tax provided for in
§ 92-10 and the payment of such fees or tax to the Town Clerk-Treasurer, the
payment by the licensee of any fine or forfeiture, including legal costs,
imposed upon or levied against said licensee for a violation of the ordinances
of said Town, county or state pursuant to which said license is granted, and
shall also be for the use and benefit and may be prosecuted and recovery had
thereon by any person, firm or corporation who or which may be injured or
damaged by reason of the licensee violating the provisions of this chapter. A
fee of as set by the Town Board in the current fee schedule on file with the
Clerk-Treasurer shall be paid for each transfer of license. Said license
transfer must be approved by the Town Board in writing.
C. Before any license is issued, the applicant must have met all of
the specifications and codes set up by the Town, St. Croix County and the State
of Wisconsin on mobile home parks and must file with the Clerk-Treasurer a
statement from the State of Wisconsin stating that the applicant has met and
conformed with all specifications set forth by the Town, county and state.
D. All mobile home parks now licensed shall meet all standards set
forth in this chapter within one year after said chapter has been adopted.
E. Prior to the approval of any mobile home park plan and issuance
of the first license, there must be a public hearing.
§ 92-5. Inspections; right of entry.
No mobile home park
license (or permit for location outside of a licensed mobile home park) shall
be issued until the premises have been inspected by the Zoning Administrator
for St. Croix County and/or proper officials of the State of Wisconsin, and these
officials shall inspect or cause to be inspected each application and the
premises to determine whether the applicant and the premises on which mobile
homes will be located comply with the regulations, ordinances and laws
applicable thereto. No license shall be renewed without a reinspection of the
premises. For the purpose of making inspections and securing enforcement, such
officials or their authorized agents shall have the right and are hereby
empowered to enter on any premises on which a mobile home is located or about
to be located and to inspect the same and all accommodations connected
therewith at any reasonable time.
§ 92-6. Location of mobile home parks.
A. No mobile home or trailer park shall be located in any hazardous
fire district.
B. An occupied mobile home within the limits of the Town of Troy,
St. Croix County, Wisconsin, shall not be located between the recognized
setback line for the zoning district in which such mobile home is located and
the street or highway and no less than 35 feet from any building or other
trailer or from the boundary of the premises on which located.
§ 92-7. Park plan.
A. All applicants for mobile home permits or mobile home parks must
first conform to all of the specifications and codes as set up by the Town of
Troy, County of St. Croix and the State of Wisconsin which have been adopted by
the Town of Troy and any additional requirements which may be adopted by said
Town. This also includes park additions.
B. All drives, roadways or streets must be at least 36 feet wide
and shall be hard surfaced (asphalt or concrete).
C. There shall be a curb extending along all streets or roadways.
D. There shall be a hard-surfaced (asphalt or concrete) parking
space of 500 square feet in area per lot.
E. There shall be a hard-surfaced (asphalt or concrete) area four
feet wide leading from the parking area to the mobile home entrance.
F. There shall be one combined entrance and exit from the mobile
home park to the main highway.
G. All mobile home sites shall be sodded or seeded and shall be
attractively maintained.
H. There shall be storage space of at least 5% of the mobile home
site area and this area shall be fenced and screened from the balance of the
mobile home park.
I. A municipal-type sewage system shall be installed in any
mobile home park hereinafter erected.[3]
J. Unless adequately screened by existing vegetative cover, the
mobile home park shall be screened by a temporary planting of fast-growing
material capable of reaching a height of 15 feet or more, such as hybrid
poplar, and a permanent evergreen planting such as white or Norway pine, the
individual trees to be such a number and so arranged that within 10 years they
will have formed a screen equivalent in capacity to a solid fence or wall. Such
permanent planting shall be grown or maintained to a height of not less than 15
feet.
§ 92-8. Management.
A. In every mobile home park there shall be located the office of
the attendant or person in charge of said park. A copy of the park license and
of this chapter shall be posted therein, and the park register at all times
shall be kept in said office.
B. It is hereby made the duty of the attendant or person in charge
together with the licensee to:
(1) Keep a register of all guests to be open at all times to inspection
by state and federal officers and the Town Board or its agents, which shall
show for all guests:
(a) Names and addresses.
(b) Number of children of school age.
(c) State of legal residence.
(d) Dates of entrance and departure.
(e) License numbers of all trailers and towing or other vehicles.
(f) State issuing such license.
(g) Purpose of stay in park.
(h) Place of last location and length of stay.
(i) Place of employment of each occupant.
(2) Maintain the park in a clean, orderly and sanitary condition at
all times.
(3) Ensure that the provisions of this chapter are complied with and
enforced and report promptly to the proper authorities any violations of this
chapter and/or any other violations of law which come to his attention.
(4) Report to the County Health Officer all cases of persons or
animals affected or suspected of being affected with any communicable disease.
(5) Maintain in convenient places approved by the Fire Chief hand
fire extinguishers in the ratio of one to each ninth unit.
(6) Collect the monthly parking permit fee or tax provided for in §
92-10 of this chapter. A book shall be kept showing the names of the person
paying said service charges and the amount paid.
(7) Prohibit the lighting of open fires on the premises.
C. The cars parked in the parking space on the mobile home site
shall be parked so that the rear of the car is facing the street.
D. There shall be no parking on the lawn in front of the mobile
home.
E. All mobile homes shall be skirted from the mobile home to the
ground with the same material as or equal to that from which the mobile home is
made.
F. Every unit shall be provided with a substantial flytight,
watertight, rodentproof garbage depository from which the contents shall be
removed in a sanitary manner by the park custodian at least weekly between May
1 and October 15 and otherwise weekly.
§ 92-9. Construction standards; recreation areas.
A. Applicability of plumbing, electrical and building ordinances.
(1) All plumbing, electrical, building and other work on or at any
park licensed under this chapter shall be in accordance with the ordinances of
the Town of Troy and St. Croix County, Wisconsin, 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 chapter grant no right
to erect or repair any structure, to do any plumbing work or to do any
electrical work, except for normal maintenance.
(2) No electric or telephone transmission lines shall be erected
along or in front of any lots, and all lines and wires for the transmission of
utility services to said park shall be installed underground. In addition, all
tanks for the storage of oil or gas in said park shall be installed
underground.
B. Recreation areas for mobile home parks. There shall be an open
recreation area of 10% of the park area for recreation and playgrounds for children
in the park. This does not include any area for buffers or any undesirable
area.
§ 92-10. Fees; number of mobile homes permitted.
A. Imposition, payment and collection of a monthly parking fee
shall be as set forth in § 66.435, Wis. Stats.
B. There will be no more than 50 mobile homes in any one mobile
home park.
C. A forfeiture as provided in Chapter 39, Citations, of this Code
shall be imposed for the failure to notify the Town Clerk-Treasurer and Town
Assessor within five days of placement of an occupied mobile home within the
Town as per § 66.435(3), Wis. Stats. Each day after five is considered a
separate violation. [Added 3-11-1985]
D. The park operator shall be responsible for payment of any
special assessments imposed, through the Town, by the fire associations or
departments. This payment must be paid within 30 days of notification by the
Town. [Added 3-11-1985]
§ 92-11. Revocation of license or permit.
The Town Board is hereby
authorized to revoke any license or permit issued pursuant to the terms of this
chapter and in accordance with Chapter 563 of the Laws of 1953.
§ 92-12. Violations and penalties.
Any person violating any
further provision of this chapter shall, upon conviction thereof, be subject to
a forfeiture as provided in Chapter 39, Citations, of this Code and the costs
of prosecution and, in default of payment of such forfeiture and costs, shall
be imprisoned in the county jail until payment of such forfeiture and the costs
of prosecution, but not to exceed 90 days for each violation. Each day of
violation shall constitute a separate offense.
§ 92-13. Repealer; conflicts with other laws.
All ordinances or parts of ordinances inconsistent with or contrary hereto are hereby repealed, except that nothing in this chapter shall be interpreted so as to conflict with state laws or orders regulating trailers or mobile home parks or any of the requirements of any ordinances of the Town of Troy, County of St. Croix, Wisconsin, not mentioned or made inapplicable by the terms of this chapter.
[1]. Editor's Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]. Editor's Note:
Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]. Editor's Note:
Original § 7(j), which immediately followed this subsection and required all
mobile home parks to be located within a single town, was deleted at time of
adoption of Code (see Ch. 1, General Provisions, Art. I).