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DCPZP-2015-00524
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DCPZP-2015-00524
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9/30/2015 10:57:46 AM
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DCPZP-2015-00524
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One has to be careful about discriminating against approved dwelling units or residences. A mobile home, <br /> defined as a home constructed in a factory prior to 1976, can be prohibited on the property because it wasn't <br /> constructed to a recognized standard. A HUD approved manufactured home, defined as a complete home <br /> constructed in a factory which displays a red label on the rear corner of the structure, can be placed on the <br /> property if set on a permanent foundation. This type of dwelling is constructed to a Federal Housing <br /> Construction Standard. See case law below. A'',modular home, defined as pieces of the structure assembled in <br /> the factory, can be placed on the property. The modular home is constructed to the Uniform Dwelling Code <br /> (the same as a "stick built" home). <br /> WISCONSIN <br /> § 70.043 Mobile homes. <br /> Mobile homes are improvements to real property if they are connected to utilities and set upon a permanent <br /> foundation on land owned by the home owner. <br /> Collins v. City of Beloit, Rock County Circuit Court (1993). <br /> The court found that a HUD-approved manufactured home can be located on any property zoned for <br /> residential use and any requirements which the! city may impose on such homes by adoption of the Uniform <br /> Dwelling Code are preempted by the HUD Act. <br /> SUMMARY: <br /> Under the Dane County Zoning Code, the existing residence on the Hellenbrand property (see attached photo) <br /> may be replaced as prescribed under DCCO 10.123(2)(b). The replacement will need a zoning permit. Proof <br /> of an adequate sanitary system will be required from the Health Department (sanitarian). <br /> If you have any further questions or concerns please let me know. <br /> Respectfully, <br /> Roger Lane <br /> Dane County Zoning Administrator <br /> 2 <br />
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