(a)

Location. Mobile home communities may be established in the R-3 Multiple-Family Residential District as a conditional use in accordance with the procedures, requirements and limitations set forth in this article. Within such mobile home communities, mobile homes, with such additional supporting uses and occupancies as are permitted herein, may be established subject to the requirements and limitations set forth in these and other regulations.

(b)

Intent. It is the intent of this article to recognize mobile homes constructed prior to October 1, 1974 (pre-HUD certification), as distinct and different from units designated as mobile homes within the definitions of this article and to prohibit units not meeting the requirements for mobile homes as defined herein. Units constructed prior to 1974 are prohibited. Mobile homes meeting the requirements of the one- and two-family building dwelling code shall not be permitted in a mobile home community except as a conditional use. Permits may be obtained only after approval by the village board. Manufactured or modular homes are not mobile homes for purposes of this article.

(c)

Exceptions. No person shall park, locate or place any mobile home outside of a licensed mobile home community in the village, except:

(1)

Unoccupied mobile homes may be parked on the lawfully situated premises of a licensed mobile home dealer for the purposes of sale display; the lawfully situated premises of a vehicle service business for purposes of servicing or making necessary repairs; the premises leased or owned by the owner of such mobile home for purposes of sales display for a period not exceeding 120 days, provided no business is carried on therein, or in an accessory private garage, building or rear yard of the owner of such mobile home, provided no business is carried on therein.

(2)

Individual mobile homes may be allowed by the village board in residential districts as temporary uses not to exceed 120 days under exceptional circumstances, such as to provide temporary housing during reconstruction following a fire.

(Code 1992, § 13-1-280)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Foundation siding means a fire and weather resistant, pre-finished material surrounding the entire perimeter of a home and completely enclosing a space between the exterior wall of such home and the ground. Foundation siding shall be properly vented, harmonious, and compatible with the house and installed within 60 days from the date of placement on site.

Mobile home communities (parks) are distinguished from subdivisions lacking common facilities and continuing management services. The latter would be controlled by general subdivision regulations, which would apply also to mobile home subdivisions without common open space or continuing management.

Mobile home subdivision means a parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by mobile homes.

Primary exposure means open areas adjacent to the front wall (or main entrance) of a dwelling unit.

Residential manufactured home means a single-family dwelling built on or after October 1, 1974, in accordance with the ANSI Code (American National Standards Institute) or in accordance with the HUD Code (Housing and Urban Development), both of which govern the heating and cooling systems, electrical systems, fire safety, body and frame construction, thermal protections and plumbing systems. All the homes shall bear the proper approved Wisconsin insignia as required by the pertinent codes of the state department of safety and professional services.

Secondary exposure means open areas adjacent to side and rear walls of a dwelling unit.

Statutory definitions. In addition to the definitions in this section, definitions contained in state statutes shall also be applicable.

(Code 1992, § 13-1-281)

(a)

Mobile homes legally located and occupied on premises outside a licensed mobile home community prior to the original enactment of this chapter may be continued in such location, provided that the owner of the premises on which such unit is located shall apply to the zoning administrator within 60 days after the original effective date of the ordinance from which this chapter is derived for a use permit showing the date on which such use and occupancy commenced, the names of the owner and occupants and that such use and occupancy is otherwise in conformity with the applicable laws and regulations of the state and village. Such nonconforming use shall be automatically terminated upon a discontinuance for any reason for 12 consecutive months or if the total structural repairs and alterations to the mobile home are deemed by the building inspector or health authorities as being unfit for human habitation.

(b)

The owner or occupant of a mobile home shall, within five days after entering of a licensed mobile home community or removing to another mobile home community within the village, obtain a permit from the zoning administrator. Such permits shall be issued only for mobile homes which bear a seal, stamp or certificate of the manufacturer guaranteeing that the mobile home is constructed in accordance with the standards of the American National Standards Institute Book A 119.1, as originally existing, or, if amended, as amended.

(c)

Nothing herein shall prevent the owner of a mobile home located in an approved mobile home community under subsection (a) of this section from replacing the mobile home with a newer model, provided that the replacement unit meets all applicable standards of construction in the industry existing as of the date of replacement, not at the date of manufacture of the replacement unit, and the standards for section 44-157 are met.

(Code 1992, § 13-1-282)

(a)

When a new mobile home community is to be established for the development of a single mobile home community, the minimum area shall be two acres, with a maximum of six mobile homes per acre. Minimum number of lots or spaces completed and ready for occupancy before first occupancy is permitted shall be established as 25 percent of total units permitted on the site.

(b)

These limitations shall not apply when expansion of an existing mobile home community is involved and when such expansion will not increase variation from requirements applying to mobile home communities, as set forth herein.

(Code 1992, § 13-1-283)

The following principal uses and structures may be allowed as conditional uses within authorized mobile home communities:

(1)

One-family detached mobile homes (residential mobile home). In mobile home communities, recreational vehicles shall not be occupied as living quarters and sales lots shall not be permitted, but dwellings may be sold on lots 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. The only accessory structures permitted on an individual mobile home lot are temporary wind/sun structures and one accessory storage building not exceeding 100 square feet. In addition, each mobile home lot may have one detached single-stall garage.

(Code 1992, § 13-1-284)

(a)

No person shall construct or extend any mobile home community or mobile home community building or facility within the limits of the village without first securing a mobile home community developer's permit from the village. Such permits shall be issued by the village clerk-treasurer upon approval by the village council.

(b)

Applications for mobile home community developer's permits shall be filed with the village clerk-treasurer with sufficient copies for the village clerk-treasurer to forward one each to the building inspector, fire chief and law enforcement authorities who shall investigate and review the application to determine whether the applicant, the premises on which the community 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 governing body within 60 days. Such reports shall be considered by the governing body before any permit is issued hereunder. Failure of any officer or body to report within the allotted time shall be deemed a favorable recommendation.

(c)

Applications for mobile home community developer's permit shall be accompanied by a fee as prescribed by the village to cover the cost of investigation and processing, plus regular building permit fees for all buildings or structures to be erected within the proposed mobile home community.

(d)

Applications shall be made on forms furnished by the village clerk-treasurer and shall include the following information:

(1)

Name and address of applicant.

(2)

Location and legal description of the proposed mobile home community, addition, modification or extension.

(3)

A complete plot plan showing compliance with all applicable provisions of this chapter and the municipal building code and zoning and subdivision ordinances.

(4)

Completion preliminary engineering plans and specifications, including a scale drawing of the proposed community showing, but not limited to:

a.

Plans and specifications of all utilities, including sewerage collection and disposal, stormwater drainage, water and electrical distribution and supply, refuse storage and collection, lighting, telephone and cable television/internet systems.

b.

Location and width of roadways and walkways, buffer strips, recreational and other common areas.

c.

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.

d.

Landscape plan showing all plantings.

e.

Plans and specifications of all mobile home community buildings and structures.

(5)

Interest of applicant in proposed mobile home community or extension thereof. If owner of tract is a person other than applicant, a duly verified statement by the owner that applicant is authorized by such owner to construct and maintain the proposed mobile home community, addition, modification or extension and make the application.

(6)

Written statements describing proposed mobile home community operations, management and maintenance, including proposed fees and charges and other requirements to be imposed on mobile home community occupants by the mobile home community operator.

(e)

Final engineering plans and specifications complying with the provisions of this article and the zoning regulations and any modifications or conditions imposed by the governing body shall be submitted to the village clerk-treasurer and checked by the proper municipal officials for compliance before the license is issued.

(Code 1992, § 13-1-285)

All new mobile home communities and modifications of or additions or extensions to existing mobile home communities shall comply with the following:

(1)

Wis. Admin. Code ch. ATCP 125 is made a part of this chapter and incorporated herein by reference as if fully set forth, except that such regulations shall not be deemed to modify any requirement of this chapter or any other applicable law or ordinance of the state or village.

(2)

Mobile home spaces shall be a minimum of 50 feet wide and 100 feet in depth, have a setback of ten feet from all street rights-of-way, and have a side yard setback of eight feet, except that driveways may extend to within four feet of a property line. Accessory structures, such as awnings, cabanas, storage cabinets, carports, windbreaks or attached porches shall be considered part of the unit for the purpose of determining compliance with this provision. No mobile home site shall be rented for a period of less than 30 days.

(3)

Unless adequately screened by existing vegetative cover, a mobile home community shall be screened around its outer perimeter by a planting of hedges or trees, capable of reaching a height of 15 feet or more, the individual trees to be such a number and so arranged that within ten years they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent planting shall be grown or maintained to a height of not less than 15 feet when mature.

(4)

No mobile home community shall be laid out, constructed or operated without village sanitary sewer and public water service. 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 systems shall comply with all provisions of the Wisconsin Administrative 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.

(5)

Adequate provision shall be made for the disposal of solid and liquid wastes in a manner approved by the village board. Open burning of waste or refuse is prohibited.

(6)

All television cable systems, electrical and telephone distribution lines and oil or gas piping serving the mobile home community 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.

(7)

Each space shall be provided with direct electrical service of not less than 100 amperes for 220-volt service.

(8)

A minimum of two off-street parking spaces surfaced with bituminous concrete or similar material capable of carrying a wheel load of 4,000 pounds shall be provided for each mobile home space.

(9)

Condition of soil, groundwater level, drainage and topography shall not create hazards to the property, health or safety of occupants of mobile home spaces or living units. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion subject to unpredictable 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.

(10)

Exposed ground surfaces in all parts of every mobile home community shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust.

(11)

The ground surface in all parts of every mobile home community shall be graded and equipped to drain all surface water in a safe, sanitary and efficient manner.

(12)

All mobile home communities shall be furnished with individual outdoor lot lighting of 25 to 60 watts so spaced and equipped with luminaires placed for the safe movement of pedestrians and vehicles at night.

(13)

All mobile home spaces shall abut upon a street. 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 and 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 eight percent, provided a maximum grade of 12 percent may be used if approved by the public works director, 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.

(14)

All streets within the mobile home community shall be two-way and paved to comply with village standards, and have the following widths:

a.

With parking on both sides: 32 feet.

b.

With parking on one side: 25 feet.

c.

With no on-street parking: 18 feet. (Note: Use of one-way streets is prohibited.)

(15)

All mobile home communities shall be provided with pedestrian walks between individual mobile homes, park streets and community facilities of not less than three feet in width. Grade and surfacing of walks shall be approved by the village engineer as safe and comparable to sidewalks in other areas of the municipality subject to similar usage, except, that as an alternative, inverted curbing may be used which provides approximately three feet of concrete walking area adjacent to the curbline.

(16)

All mobile home communities shall have a greenbelt or buffer strip not less than ten feet wide along all boundaries. Unless adequately screened by existing vegetative cover, all mobile home communities shall be provided within such greenbelt or buffer strip with screening of natural growth or screen fence, except When the adjoining property is also a mobile home community. Compliance with this requirement shall be made within five years from the granting of the mobile home community developer's permit. Screening or planting requirements may be waived or modified by the governing body if it finds that the exterior architectural appeal and functional plan of the mobile home community, when completed, will be materially enhanced by modification or elimination of such screen planting requirements.

(17)

Mobile home community operators shall, at the time of approval, pay the mobile home community development fees required for conventional subdivisions in chapter 38.

(18)

Single-family nondependent mobile homes and approved accessory structures included in the original plans and specifications or revisions thereof, parks, playgrounds, open space, off-street parking lots, one mobile home community office and service buildings for exclusive use of mobile home community residents shall be the only permitted uses in mobile home communities, provided the village board may approve the following uses when designed and limited to exclusive use of mobile home community residents:

a.

Laundromats.

b.

Clubhouses and facilities for private, social or recreation clubs.

c.

Swimming pools.

(19)

No permanent signs shall be erected in mobile home communities.

(20)

All mobile home communities shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home space. Entrances to mobile home communities shall be designed to minimize congestion and traffic hazards and allow free movement of traffic on adjacent streets.

(Code 1992, § 13-1-286)

(a)

It is unlawful for any person to establish, operate, maintain or administer or permit to be established, operated or maintained upon any property owned, leased or controlled by said person a mobile home community within the village without a valid, unexpired mobile home community license issued by the village clerk-treasurer and approved by the village board upon determination that the standards in this section have been met and payment of the required fees.

(b)

Mobile home community 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 no rebate or diminution of the fee shall be allowed therefor.

(c)

The annual fee for a mobile home community license shall be per the village fee schedule for each 20 mobile home spaces or fraction thereof; such fee shall also be paid upon the renewal of such license. Licenses may be transferred during a license year for a fee per the village fee schedule.

(d)

Licenses granted under this section shall be subject to revocation or suspension by the governing body for cause in accordance with applicable statutory procedures, and the procedures in that section shall be followed. The term "cause," as used in this subsection, shall include, but not be limited to:

(1)

Failure or neglect to abide by the requirements of this chapter or the laws or regulations of the state relating to mobile home communities and their operation.

(2)

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 the leasing or rental of mobile home spaces or sale, lease or operation of community facilities.

(3)

Operation or maintenance of the mobile home community in a manner inimical to the health, safety or welfare of mobile home community 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.

(4)

Transfer or sale of an ownership interest in any mobile 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 or municipal subdivision control laws and regulations regardless of the size or number of lots or spaces so transferred or sold.

(e)

Except as provided in subsection (f) of this section, no mobile home community license shall be granted for any premises or to any person not meeting the following standards and requirements:

(1)

All standards and requirements set forth in section 44-415 except as specifically waived or modified in writing by the village board and endorsed on the mobile home developer's permit. This requirement includes a valid certificate from the state department of health services that the mobile home park complies with the provisions of Wis. Admin. Code ch. ATCP 125 applicable thereto.

(2)

Mobile home communities should be used only for the parking and occupancy of single-family nondependent mobile homes and accessory structures and appurtenances and uses.

(3)

The applicant shall file with the village board certificates certifying that all equipment, roads, sanitary facilities, water facilities and other equipment and facilities, including roads, have been constructed or installed in the mobile home community as required by this chapter and are in required operating condition at the time of the application. In addition, the building inspector and the chief of the fire department shall inspect or cause to be inspected each application and the premises to determine compliance with all applicable laws, regulations and ordinances applicable thereto. These officials shall furnish the village board in writing the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for whom the officer is certifying.

(4)

Location and operation of the mobile home community shall comply with all zoning and land use ordinances of the state and village.

(f)

Mobile home communities in existence and operating under a valid mobile home community license upon the effective date of the ordinance from which this chapter is derived, including mobile home communities in areas hereafter annexed to the village, shall be exempt from the requirements hereof relating to land use and occupancy provided such use and occupancy complies with the applicable laws and ordinances in effect at the time of issuance of the original license but shall file application for a mobile home community developer's nonconforming use permit and comply with all other provisions of this chapter within six months after the effective date of the ordinance from which this chapter is derived, provided that an existing mobile home community having a density in excess of that provided in section 44-415 shall not increase its density and shall be operated in other respects in accordance with this chapter. The governing body may extend the time for compliance as herein required upon such conditions as it shall determine necessary to protect the health, safety and welfare of mobile home community occupants or inhabitants of the village. All extensions, modifications or additions to lawfully licensed existing mobile home communities or facilities or structures therein shall comply with this chapter.

(Code 1992, § 13-1-287)

(a)

In every mobile home community, there shall be located an office of the attendant or person in charge of the mobile home community. A copy of the mobile home community license and of this chapter shall be posted therein and the mobile home community register shall, at all times, be kept in the office.

(b)

The attendant or person in charge and the mobile home community licensee shall operate the mobile home community in compliance with this chapter and regulations and ordinances of the village and state and their agents or officers and shall have the following duties:

(1)

Maintain a register of all mobile home community occupants, to be open at all times to inspection by state, federal and municipal officers, which shall show:

a.

Names and addresses of all owners and occupants of each mobile home.

b.

Number of children of school age.

c.

State of legal residence.

d.

Dates of entrance and departure of each mobile home.

e.

Make, model, year and serial number or license number of each mobile home and towing or other motor vehicles and state, territory or country which issued such licenses.

f.

Place of employment of each occupant, if any.

(2)

Notify mobile home community occupants of the provisions of this chapter and inform them of their duties and responsibilities and report promptly to the proper authorities any violations of this chapter or any other violations of law which may come to their attention.

(3)

Report to law enforcement authorities all cases of persons or animals affected or suspected of being affected with any dangerous communicable disease.

(4)

Supervise the placement of each mobile home on its stand which includes securing its stability and installing all utility connections and tiedowns.

(5)

Maintain mobile home community 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.

(6)

Maintain the mobile home community free from growth of noxious weeds.

(7)

Maintain the mobile home community 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 mobile home community designated as a fire lane by the fire chief to be kept free and clear of obstructions.

(8)

Check to ensure that every mobile home unit has furnished, and in operation, a substantial, flytight, watertight, rodentproof container for the deposit of garbage and refuse in accordance with the ordinances of the village.

(9)

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 state law and the ordinances and regulations of the municipality, including regulations promulgated by the fire chief.

(10)

Allow inspections of mobile home community premises and facilities at reasonable times by municipal officials or their agents or employees.

(Code 1992, § 13-1-288)

(a)

Mobile home community occupants shall comply with all applicable requirements of this chapter and regulations issued hereunder and shall maintain their mobile home space, its facilities and equipment in good repair and in a clean and sanitary condition.

(b)

Mobile home community occupants shall be responsible for proper placement of their mobile homes on the mobile home stand and proper installation of all utility connections in accordance with the instructions of the mobile home community management.

(c)

No owner or person in charge of a dog, cat or other pet animal shall permit it to run at large or to cause any nuisance within the limits of any mobile home community.

(d)

Each owner or occupant of a nonexempt mobile home within a mobile home community shall remit to the licensee or authorized mobile home community management the cash deposit and monthly parking permit fee.

(e)

It shall be the duty of every occupant of a mobile home community to give the mobile home community licensee or management, or agent or employee, access to any part of such mobile home community or mobile home premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter or any law or ordinance of the state or village or lawful regulation or order adopted thereunder.

(f)

Mobile homes shall be parked only on the mobile home stands provided and shall be placed thereon in accordance with all requirements of this chapter.

(g)

No mobile homeowner or occupant shall conduct in any unit or any mobile home community any business or engage in any other activity which would not be permitted in single-family residential areas in the village.

(h)

No person shall discharge any wastewater on the surface of the ground within any mobile home community.

(i)

No person shall erect or place upon any mobile 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 chapter.

(Code 1992, § 13-1-289)

(a)

Wrecked, damaged or dilapidated mobile homes shall not be kept or stored in a mobile home community or upon any premises in the village. The building inspector or village board shall determine if a mobile home is damaged or dilapidated to a point which makes it unfit for human occupancy. Such mobile homes are declared to be a public nuisance. When the building inspector or village board so determines, such building inspector or village board shall notify the licensee or landowner and owner of the mobile home in writing that such public nuisance exists within the mobile home community or on lands owned by such licensee or landowner and owner giving the findings upon which the determination of such building inspector or village board is based and shall order such home removed from the mobile home community or site or repaired to a safe, sanitary and wholesome condition of occupancy within a reasonable time, but not less than 30 days.

(b)

Authorized representatives of the village board are authorized to inspect mobile home communities to determine the health, safety and welfare of the occupants of the mobile home community and inhabitants of the village as affected thereby and the compliance of structures and activities therein with this chapter and all other applicable laws of the state and ordinances of the village.

(c)

Fires in mobile home communities shall be made only in stoves/grills 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.

(d)

All plumbing, building, electrical, oil or gas distribution, alterations or repairs in the mobile home community shall be in accordance with the regulations of applicable laws, ordinances and regulations of the state and municipalities and their authorized agents and may be performed by a professional mobile home service technician.

(e)

All mobile homes in mobile home communities shall be skirted unless the unit is placed within one foot vertically of the stand with soil or other material completely closing such space from view and entry by rodents and vermin. Areas enclosed by such skirting shall be maintained free of rodents and fire hazards.

(f)

No person shall construct, alter or add to any structure, attachment or building in a mobile home community or on a mobile home space without a permit from the building inspector. Construction on, or addition or alteration to the exterior of a mobile home shall be of the same type of construction and materials as the mobile home affected. This subsection shall not apply to addition of awnings, antennas or skirting to mobile homes. Accessory structures on mobile home spaces shall comply with all setback, side yard and rear yard requirements for mobile home units.

(g)

Storage under mobile homes is prohibited.

(Code 1992, § 13-1-290)

All plumbing, electric, electrical, building and other work on or at any mobile home community under this chapter shall be in accordance with the ordinances of the village 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 electric work.

(Code 1992, § 13-1-291)

The following guides, standards and requirements shall apply in site planning for mobile home communities:

(1)

Principal vehicular access points. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes or traffic dividers shall be required when existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the community in such a way as to encourage the use of such minor streets by substantial amounts of through traffic. No lot within the community shall have direct vehicular access to a street bordering the development.

(2)

Access for pedestrians and cyclists. Access for pedestrians and cyclists entering or leaving the community shall be by safe and convenient routes. Such ways need not be adjacent to or limited to the vicinity of vehicular access points. When there are crossings of such ways and vehicular routes at edges of planned developments, such crossings shall be safety located, marked and controlled and when such ways are exposed to substantial vehicular traffic at edges of communities, safeguards may be required to prevent crossings except at designated points. Bicycle paths, if provided, shall be so related to the pedestrian way system that street crossings are combined.

(3)

Protection of visibility-automotive traffic, cyclists and pedestrians. At intersections of any streets, public or private, the provisions of section 44-183 shall apply.

(4)

Ways for pedestrians or cyclists in exterior yards. In any exterior yard, required or other, ways for pedestrian or cyclists may be permitted, if appropriately located, fenced or landscaped to prevent potential hazards arising from vehicular traffic on adjacent streets or other hazards and annoyances to users or to occupants of adjoining property. When otherwise in accord with the requirements concerning such ways set forth above, approved ways in such locations shall be counted as common recreation facilities and may also be used for utilities easements.

(5)

Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. In particular:

a.

Streets, drives and parking and service areas. Streets, drives and parking and service areas shall provide safe and convenient access to dwellings and community facilities and for service and emergency vehicles, but streets shall not be so laid out as to encourage outside traffic to traverse the community, nor occupy more land than is required to provide access as indicated, nor create unnecessary fragmentation of the community into small blocks. In general, block size shall be the maximum consistent with use, the shape of the site and the convenience and safety of the occupants.

b.

Vehicular access to streets. Vehicular access to streets from off-street parking areas may be direct from dwellings if the street or portion of the street serves 50 units or less. Determination of units served shall be based on normal routes anticipated for traffic. Along streets or portions of streets serving more than 20 dwelling units, or constituting major routes to or around central facilities, access from parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic conveniently, safely and in a manner that minimizes marginal traffic friction, and direct vehicular access from individual dwellings shall generally be prohibited.

c.

Ways for pedestrians and cyclists; use by emergency, maintenance or service vehicles.

1.

Walkways shall form a logical, safe and convenient system for pedestrian access to all dwellings, project facilities and principal off-street pedestrian destinations. Maximum walking distance in the open between dwelling units and related parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall not exceed 100 feet.

2.

Walkways to be used by substantial numbers of children as play areas or routes to school, bus stops or other destinations shall be so located and safeguarded as to minimize contracts with normal automotive traffic. If an internal walkway system is provided, away from streets, bicycle paths shall be incorporated in the walkway system. Street crossings shall be held to a minimum on such walkways and shall be located and designated to provide safety and shall be appropriately marked and otherwise safeguarded. Ways for pedestrians and cyclists, appropriately located, designed and constructed, may be combined with other easements and used by emergency, maintenance or service vehicle but shall not be used by other automotive traffic.

(Code 1992, § 13-1-292)