The purpose of this section is to set forth the general provisions concerning land use. The provisions established herein shall regulate land use, density and intensity, establish building lot and yard requirements, establish land use districts which identify the location of land uses in the City of Mulberry, establish standards for land use in the City, and provide for a map locating the permitted land uses in the City. All land in Mulberry shall be subject to the provisions of this section, and shall be shown on the Official Zoning Map as provided in section 8.05.00. More than one permitted use may be co-located on a single parcel of land in any zoning district within the City.

(A)

No development approval shall be issued unless the proposed development conforms to the design regulations prescribed within the applicable zoning district. The design regulations, including lot layout, height, and density/intensity standards, are included in Table 2.04.01B.

(B)

No use is permitted unless it is listed as allowed or requiring a special exception in the Table of Land Uses. However, uses that are required to be permitted in any zoning district by state statute may be permitted in accordance with State law whether or not the use is included in the Table of Land Uses.

(C)

A use not specifically mentioned or described by category in the Table of Land Uses is prohibited. Evaluation of these uses shall be as set forth in section 2.01.02 of this chapter.

(A)

The city manager, or his/her designee, shall determine if a use not mentioned can reasonably be interpreted to fit into a use category where similar uses are described. Interpretations may be ratified by the City of Mulberry upon recommendation by the planning board at a regularly scheduled meeting. It is the intent of this Code to group similar or compatible land uses into specific zoning districts, either as permitted uses (P) or uses authorized as special exceptions (S). Uses not listed in the Table of Uses [Table 2.04.01(A)] are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the Table of Uses, and such use is not listed as a prohibited use under the specific zoning district and is not otherwise prohibited by law, the city manager, or his/her designee, shall determine whether a materially similar use exists in this section.

(1)

Should the city manager, or his/her designee, determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed, and the city manager, or his/her designee's, decision shall be recorded in writing.

(2)

Should the city manager, or his/her designee, determine that a materially similar use does not exist; the matter may be referred to the planning board for consideration for amendment to the LDC to establish a specific listing for the use in question. Unless an appeal is timely filed pursuant to article 8, the city manager, or his/her designee's, decision is valid.

(3)

Periodically, the city manager, or his/her designee, shall forward the materially similar use decisions to the planning board for ratification of interpretations and to be considered as potential text amendments to the LDC. If, when seeking periodic ratification of interpretations, the city manager, or his/her designee's, interpretation is reversed, then decisions made in reliance on the city manager, or his/her designee's, interpretation become non-conforming uses.

(B)

Rules of interpretation.

(1)

The city manager, or his/her designee, may determine that a use is materially similar if the use is of the same general type as the uses permitted there by this Code based on characteristics, use patterns, and land use and traffic impacts.

(2)

The city manager, or his/her designee, may utilize the following resources in making a determination of materially similar use.

a.

The use is listed as within the same structure or function classification as the use specifically enumerated in the Table of Land Uses, as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA). The city manager, or his/her designee, shall refer to the following documents in making this determination, which documents are incorporated by reference and are maintained on file in the office of the planning department:

1.

LBCS Activity Dimension with Detail Descriptions (April 1, 2001);

2.

LBCS Function Dimension with Detail Descriptions (April 1, 2001);

3.

LBCS Structure Dimension with Detail Descriptions (April 1, 2001); and

4.

LBCS Tables (April 1, 2001).

The use shall be considered materially similar if it falls within the same LBCS classification.

b.

If the use cannot be located within one of the APA's LBCS classifications pursuant to subsection (A), above, the city manager, or his/her designee, may refer to the most recent North American Industry Classification System (NAICS) Manual. The use shall be considered materially similar if it falls within the same industry classification of the most recent NAICS Manual.

(A)

Criteria for designation of historic sites. The purpose of this section is to establish criteria for identifying structures and sites of historical significance in the City of Mulberry, and to establish procedures to preserve them. The city commission, after receiving recommendation(s) from the planning board, shall designate historic sites based on the following criteria:

(1)

The site or structure is associated with events that are significant to local, state, or national history; or the site or structure embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.

(2)

The property is one that, by its location, design, setting, materials, workmanship, feeling and association adds to the City's sense of time and place and historical development.

(3)

The property's design, setting, materials, workmanship, feeling and association have not been so altered that the overall integrity of the site has been irretrievably lost.

(4)

The structure or site is more than 50 years old, unless there is a strong justification concerning its historical or architectural merit, or the historical attributes of the structure or site are considered to be less than 50 years old.

All properties listed in the National Register of Historic Places and/or the Florida Master Site File of Historic Places shall be presumed to meet the above criteria, and shall be classified as designated historic sites. Any other property may be so classified by the city commission upon a finding that it meets the above criteria. The Building Director may issue an official certificate of historic significance to the owners of designated historic sites, and is authorized to issue and place official signs at such locations.

Structures and buildings classified as designated historic sites shall be entitled to modified enforcement of the Florida Building Code.

(B)

Criteria for modification of historic structures. No demolition, alteration, or relocation of a historic structure shall be permitted except as provided below:

(1)

Work that does not require a construction permit and that is done to repair damage or prevent deterioration or decay of a structure or part thereof as nearly as possible to its condition prior to the damage, deterioration, or decay.

(2)

Activity approved by the building director that restores the structure's original appearance, or a reasonable approximation.

(3)

Activity approved by the city commission that will not preserve or re-create the structure's original appearance. The planning board shall review the proposal and make a recommendation prior to the city commission's vote.

(C)

New construction on historic sites. All new construction within a designated historic site shall be reviewed by the planning commission and approved by the city commission. New structures, parking lots, drainage facilities, and other objects shall be depicted on a site development plan or sketch plan, that shall be submitted to the building director prior to review by the planning board. All site alterations shall be consistent with the approved site plan.

In approving new structures or facilities on a historic site, the city commission shall determine that the proposal would not hinder the use or enjoyment of the historic site or surrounding historic properties. Also, the commission shall find that the new site feature(s) would be hidden to the greatest extent possible and/or are appropriate and compatible with the balance of the site and adjacent historic sites. The commission may place any conditions on approval that it determines are necessary to protect the integrity of the historic site or area.

(A)

Special needs facilities provide 24-hour care. These care facilities are subject to local zoning laws and may be located in residential areas but are generally more appropriate in commercial areas.

(B)

They are licensed or registered by the State of Florida according to separate and specific provisions of the Florida Statutes. Article 9 of this Code defines each special needs facility. They are listed as a group in the Table of Land Uses, 2.04.01(A), and permitted in all commercial zoning districts and in some residential districts as a special exception.

(C)

When locating a facility in a residential zoning district, the facility shall be designed to look like a single family home or shall be located in a single family home. In addition to parking spaces normally required for a residential dwelling unit, one parking space shall be provided for each employee; and one space shall be provided for the first five residents, and an additional space shall be provided per five additional residents.

(D)

Play areas and play grounds for these type facilities shall be shaded a minimum of 50 percent by canopy trees. The list of acceptable trees is found in article 3, section 3.07.00, Table 3.07A, "Canopy Trees".

(E)

Any violation of applicable State regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the use.

(F)

Any violation of applicable state regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the special exception.

(A)

Family foster homes, family day care homes and adult family-care homes are permitted in residential areas, in occupied homes only and are not subject to local zoning laws when so located. Licensing, registration, occupancy and other matters are regulated under specific provisions of the Florida Statutes. Article 9 of this Code defines each family care or foster home. They are included as a group in the Table of Land Uses, 2.04.01(A), and permitted in all residential zoning districts.

(B)

Where state law permits such uses in residential zoning districts, no sign indicating the purpose or nature of the facility shall be permitted, except as is allowed for a home occupation.

(C)

Play areas and play grounds for these type facilities shall be shaded a minimum of 50% by canopy trees. The list of acceptable trees is found in article 3, section 3.07.00, Table 3.07A, "Canopy Trees".

(D)

Any violation of applicable state regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the use.

(E)

Any violation of applicable state regulations shall be deemed a violation of this Code, and shall constitute grounds for termination of the special exception.

No structure shall be moved from one development site to another unless such structure shall, at the new location, comply with all applicable provisions of this Code and all other applicable codes.

Where a single lot or parcel that has been recorded in the public records of Polk County under a unified legal description is divided by a public or private right-of-way, road, alley or easement, the following standards shall apply:

(A)

Where the land area on each side of the right-of-way meets the minimum size requirement of the applicable zoning district, the property shall be considered two lots for the purposes of this Code.

(B)

Where the land area on one or both sides of the right-of-way fails to meet the minimum size requirement, then the property shall be considered one lot for the purposes of this Code. The principal structure shall be located on the larger portion of the property.

(C)

No subdivision plat that includes a lot divided by a right-of-way shall be approved unless such lot meets the applicable size requirement on at least one side of the right-of-way.

No existing lot shall be reduced in area or dimension below the minimum requirements applicable to such lot under the provisions of this Code, except that when a lot is reduced in dimension or total area by 20 percent or less by the voluntary dedication and acceptance of a portion of such lot for a public use, the lot shall be considered to contain the dimensions and area it contained prior to such dedication. However, for purposes of measuring compliance with setback requirements of this Code, the dimensions and area of such lot as it exists after the voluntary dedication shall apply.

(A)

Agricultural products may be displayed or offered for sale from the roadside by the property residents with approval from the city manager, or his/her designee. The city manager, or his/her designee, may require a sketch of the area, showing parking and access.

(B)

Property that was previously classified and zoned by Polk County for agricultural uses; and is used for a "Bona Fide Agricultural Purpose", as certified by the Polk County Property Appraiser; and qualifies for an agricultural tax exemption by the State of Florida under F.S. § 193.461; may be annexed into the City with AG Agricultural Zoning classification to allow the property owner to continue his agricultural (including farm animal) activity.

(C)

Lands that are surrounded by the city limits, and known as "enclaves", may not be annexed in and zoned for agricultural purposes, unless such lands are currently the site of agricultural activities, such as groves, and unless the health, safety and welfare of the citizens of Mulberry can be protected. For the health, safety and welfare of the citizens of Mulberry, agricultural uses will only be permitted at the perimeter of the City, in areas that already support agricultural uses and have qualifying agricultural tax exemptions. At the time of development, or subdivision of the land for development, or when the agricultural tax exemption is removed, all rights to agricultural uses (including the keeping of farm animals) shall cease.

(A)

As used herein, the terms farm animal, fowl and livestock shall have their ordinary meanings. The phrase farm animals, fowl and/or other livestock shall include, but not be limited to, bees, cattle, chickens, cows, ducks, geese, goats, guineafowl, horses, peafowl, peacocks, pigeons, pigs, roosters, sheep, swine and turkeys.

(B)

Except as provided in sections 2.02.08(C), 2.02.08(D) and 2.02.08 (E) of this Code, no person shall breed or maintain farm animals, fowl, or other livestock within the City of Mulberry.

(C)

Exemption for large lots in the AG Zoning District. Farm animals, fowl and other livestock may be bred, maintained and kept on any lot in the AG zoning district with a minimum lot size of one-half acre or more of contiguous land. All pens, cages, grazing areas and other structures or facilities for farm animals, fowl or livestock shall be setback, placed and located at least 50 feet from each lot line adjacent to any City zoning district other than the AG zoning district. If pens, cages, grazing areas and other structures or facilities for farm animals, fowl or other livestock cannot be properly setback, placed and located on an otherwise eligible lot, no farm animals, fowl or livestock shall be bred, maintained or kept on the lot, regardless of zoning. Where permitted, farm animals, fowl and other livestock shall be maintained and kept in a healthy condition. Each and every pen, cage, grazing area and other structure or facility used for such animals shall be kept in a sanitary and clean condition.

(D)

Exemption for chickens at single family residences. Up to six chickens (excluding roosters) may be maintained and kept on any lot in the R-1L zoning district or any lot in the PD zoning district with a single family residential principal structure located thereon. Chickens shall be kept in a pen, structure or fenced area that is setback, placed and located at least ten feet from each lot line adjacent to a residential use. If a pen, structure or fenced area for chickens cannot be properly setback, placed or located on an otherwise eligible lot, no chickens may be maintained or kept on the lot, regardless of zoning. Where permitted, chickens shall be maintained and kept in a healthy condition. Each and every pen, structure or fenced area used for chickens shall be kept in a sanitary and clean condition.

(E)

Exemption for school projects. The city manager, or his or her designee, may authorize the maintaining or keeping of any farm animal, fowl or other livestock for a school project, for the time period of the school project only, subject to any special condition the city manager, or his or her designee, may deem appropriate to protect the health, safety and welfare of the community which may include, but not be limited to, minimum distance setbacks for the placement or location of pens, cages, grazing areas, structures and facilities and limitations on the type, breed and number of farm animals, fowl or other livestock allowed to be maintained and kept. Where farm animals, fowl or other livestock are permitted by the city manager, or his or her designee, for school projects, such animals shall be maintained in healthy condition.

(F)

No person shall breed or maintain any exotic or wild animal or poisonous reptile that, in the opinion of the building director, poses a threat to human safety in Mulberry. Excluded from this restriction are animal shelters, medical or scientific facilities, pet shops, zoos or other locations where the showing or maintenance of such animals is a permitted use under the provisions of this Code.

(Ord. No. 13.2018, § 1, 11-6-2018)

All new fence installations shall require a permit prior to installation, and shall be subject to the following requirements and limitations.

(A)

No fence or solid wall permit shall be issued for installation on any property without proof satisfactory to the City that the fence shall be installed within the applicant's property. Regardless of the City's acceptance of the applicant's proof, the applicant is and shall be solely responsible to the City and the neighboring properties for the proper installation of the fence without encroachment onto properties other than applicant's.

(B)

No fence or solid wall on any property shall exceed six feet in height in any residential zoning district, or eight feet in any commercial or industrial zoning district. No fence or other obstruction, including signs (having less than eight feet of ground clearance), walls, hedges, or other structures shall exceed four feet in height within 25 feet of a street intersection. In all zoning districts, except where permitted at eight feet in height in commercial or industrial zoning districts, fences or walls shall be limited to four feet in height within required front or side street setback areas.

On a through lot, other than a corner lot, a six foot fence may be placed on the rear property line adjacent to an arterial road, and in such instances, such lot shall not be treated as a through lot for setback purposes. If residential structures on abutting properties face or have access to the arterial road, this exception shall not apply.

Berms within the front setback, or within 25 feet of a street intersection, used in conjunction with fences or walls, shall be considered as included in the height restriction for such fences or walls. The height of a fence or wall shall be measured from finished grade prior to berming. Fences or walls that exceed the height limits established in this section shall meet side and rear setback requirements applicable to accessory structures, and front setback requirements applicable to principal structures.

(C)

Electric and glass shard fences are prohibited.

(D)

In all zoning districts except Heavy Industrial (I-H) and Public Institution (P-I), razor wire and barbed wire are prohibited except as follows:

1.

Barbed wire is allowed when used to fence large livestock, provided such fencing is located no closer than ten feet from any public street or sidewalk.

2.

The building official has determined that the use of razor wire or barbed wire is necessary for a non-residential use deemed to be a hazardous use or in need of additional security, provided that any barbed wire or razor wire is installed according to industry standards.

(E)

All razor wire and barbed wire fence use, including use in IH districts, shall be properly buffered from view from residential districts, as well as view from State Road 37 or State Road 60, and shall only be used at the top of a standard fence.

(F)

Maintenance. Fences and walls must be maintained in good repair and free from structural defects by the owner of the real property upon which they are located. Missing or damaged boards, pickets, posts, gates, rails, chain link, or other material parts of the fence or wall shall be replaced in a timely manner with material of the same type, quality, and finish as the existing fence or wall.

(A)

General. It is recognized by the City of Mulberry that there is a market demand for subdivision communities having limited access by the public through the utilization of entryway gates. The utilization of such gates as a means of limiting access by the public necessitates that those streets and drainage systems be privately owned and maintained. However, the public's interest is served only if "gated communities" and the accompanying private streets and drainage systems are allowed as a privilege, not a right, of the developer and subsequent property owners, and only if the improvements within a gated community comply with the minimum standards of the subdivision regulations and are maintained in a manner consistent with the existing standards established for similar facilities.

When the developer provides sufficient evidence showing that a gated community furthers the goals of the City to provide quality communities incorporated within the existing City communities, the City hereby allows a developer to create a gated community and allows the developer and the Homeowners Association (HOA) to keep the subdivision as a community with gates that restrict access by the public, so long as the developer and the HOA substantially comply with the requirements of this section. Substantial compliance with the requirements of this section gives the developer the contract right to create a gated community and gives the developer and the HOA the contract right to keep the subdivision as a community with gates that restrict access by the public.

(B)

The developer. For the purposes of this section, "developer" is defined as (i) the person or entity that is the original declarant which records the declaration and/or plat for a gated community or (ii) the person or entity that succeeds to the rights and liabilities of the person or entity which is the original declarant, or (iii) in the absence of a written assignment of developer rights recorded in the public records of Polk County, Florida, the person or entity that materially or substantially exercises the rights and liabilities of the original declarant including, but not limited to controlling the board of directors of the HOA as hereinafter defined.

(C)

The HOA. For the purposes of this section, the HOA shall mean a mandatory community association in which the owners of all lots, blocks, and tracts in the subdivision are required by the terms of the declaration to be members, as contemplated by F.S. (2002) § 720.301(7), with the ability and duty to impose and collect on assessments.

(D)

Commission approval. From time to time, the city commission may grant to a developer the privilege of platting and developing a residential subdivision as a "gated community" in which the subdivision infrastructure may be located on privately controlled easements or tracts, not public rights-of-way. The privilege of having a gated community runs with the land, but is subject to forfeiture for failure to comply with any of the following requirements. Upon a forfeiture of the privilege, the City may prohibit the closure of gates. Thereafter, if and when the subdivision rights-of-way are dedicated or otherwise conveyed to the City, the City shall assume responsibility for street and drainage-system maintenance.

City commission approval may be so stated at the time the City is asked to approve a preliminary subdivision plat. Commission approval shall be based on its findings that:

1.

The developer has provided a market, economic, and/or consumer study or other substantial justification for establishing a community that excludes the general public;

2.

The value of the homes to be constructed in the gated community are guaranteed to exceed the average market value of homes in the city by at least 100 percent;

3.

Assurance is provided that all private improvements, such as roadways, landscaped areas, walls, private community buildings, and other physical amenities within the community will be maintained privately by a homeowners association or other legal entity;

4.

Assurance is provided that any improvements required by a public agency, such as public regulated utilities and stormwater retention facilities, are provided legal access for their service and upkeep;

5.

The developer has provided evidence of unified control in developing the gated subdivision and has submitted a draft of proposed deed restrictions regulating the use and maintenance of private lots and improvements;

6.

The developer commits to providing and maintaining suitably located, commonly owned open space and landscaped beautification tracts to enhance the appearance around gated entranceways and, where feasible, along the perimeter of the property facing and in view of a street or public place; and,

7.

City departments and emergency service providers have reviewed and approved plans for access into and within the gated community.

(E)

Requirements. All gated communities approved by the city commission must comply with the following:

1.

Streets and stormwater detention/retention areas must be platted as separate tracts.

2.

Streets and stormwater detention/retention areas must be owned and maintained by an HOA.

3.

Access-easement rights over the platted roadway right-of-way tracts must be dedicated or otherwise granted to the owners of each lot within the subdivision and to all their successors in interest.

4.

The developer shall construct the streets and drainage systems to city standards as adopted from time to time, and shall comply with the provisions of the City's subdivision regulations regarding performance bonds, construction inspections, and maintenance guarantees, as if the subdivision infrastructure were "public improvements."

5.

Entryway gates must be equipped with an audio (siren) override device to allow emergency access to the subdivision by fire/rescue, police and other emergency-response personnel. The audio-override device must be submitted to the fire and rescue department for inspection, and the entrance gates may not be closed unless and until the department determines that the device is acceptable and in good working order.

6.

The entryway gate must include a box with a master-keyed padlock, and the box must contain a key, a card-key, a code, a remote-control device, or some other means by which essential public service workers (e.g., animal control, code enforcement, meter readers, utilities workers) may gain access to the subdivision. Any other utilities serving the subdivision must have similar access, and the names of such utilities must be on the outside of the box containing the means of access.

7.

The means of access must be approved and the box installed prior to the City's approval and recording of the final subdivision plat.

8.

Simultaneous with the recording of the subdivision plat, the developer must record in the Public Records of Polk County a declaration document. The declaration shall govern all platted lots within the subdivision, shall impose requirements and restrictions that run with the land, and shall address the responsibilities for the ongoing maintenance and repair of the subdivision infrastructure. The terms of the declaration shall be, to the City's satisfaction, legally sufficient and enforceable to accomplish or otherwise ensure, at a minimum, the following:

a.

Require the establishment and maintenance of an HOA account for annual routine infrastructure maintenance, an HOA account for major capital repair and replacement of the subdivision's streets, an HOA account for major capital repair and replacement of the subdivision's stormwater retention/detention facilities, and an HOA account for major capital repair and replacement of other subdivision infrastructure such as sidewalks, stormwater conveyance systems, curbing, bike paths, etc.

b.

Establish the point at which the developer must turn over control of the HOA.

c.

Establish the point at which the developer must turn over control of the subdivision infrastructure.

d.

Provide that until turnover of the HOA and/or transfer of control of subdivision infrastructure, all maintenance and repair of streets, sidewalks and the drainage system, including stormwater detention/retention areas, is the responsibility of the developer.

e.

The developer (so long as the developer retains control of the board of directors of the HOA) and the HOA expressly indemnify and hold the City of Mulberry and its officers and employees harmless from any cost of maintenance, repair, and reconstruction of, or tort liability or award of damages related to or arising in connection with, the streets, sidewalks, drainage system (including stormwater retention/detention area), and/or any other subdivision infrastructure.

f.

Require that each initial purchaser of a residential lot in a gated subdivision for the personal or family use of the purchaser receive a copy of the declaration at or prior to the time the sales contract is executed.

g.

Declare that upon any default by the HOA or the developer in any requirements of either this section or the declaration required under this section, the City, at its option and after due notice of its declaration of a default and a reasonable time to cure, may prohibit closure of the gates and, upon dedication or conveyance of the rights-of-way to the county, assume responsibility for maintenance, using all HOA monies on deposit in the routine infrastructure maintenance account and the several capital-repair accounts or, if no monies exist or if an insufficient amount exists, using such other revenues or financing methods as the county may elect, including (but not limited to) special assessments against the subdivision lots, blocks, and tracts.

h.

Require that the HOA carry an insurance policy insuring itself from liability for damages related to or arising in connection with the streets, sidewalks, drainage system (including detention/retention areas), at least in the amount of $1,000,000.00/$2,000,000.00.

i.

Require that enforcement of traffic laws within the gated community, as requested by the HOA, shall be by the Mulberry Police Department and that all costs of enforcement incurred by the sheriff shall be paid by the HOA.

j.

Provide that any transfer of subdivision infrastructure (including the property on which the subdivision infrastructure is located) to the City or other governmental entity is prohibited without the concurrence of the owners of two-thirds (or such higher percentage as the declaration may provide) of the platted lots.

(F)

Declaration. The declaration setting forth the gated-community requirements in this article must be in form acceptable to the county and in substance consistent with and in compliance with the minimum requirements of this section. The declaration must be submitted for review by the City prior to plat recording. Nothing in this article precludes the declaration from addressing other matters so long as the substance of each part of the declaration is not inconsistent with the requirements of this article.

(G)

Disclosure. No contract for the initial sale and purchase of a residential lot in a gated subdivision for the personal or family use of the purchaser shall be effective until a Gated Community Cost Disclosure Statement ("disclosure statement") in substantially the following form has been provided to and executed by such purchaser:

Gated Community Cost Disclosure Statement

If you are buying a home in a private gated community in Mulberry you should know these basic facts:

1.

By law, the City cannot pay to maintain the roads, sidewalks and drainage in this community because these things are private property and the general public cannot access the community.

2.

Although the cost of properly maintaining and repairing roads, sidewalks and drainage systems can be very high, only the owners of homes and lots in this community will share these expenses. Tax dollars will not be used. The members must also pay for the cost of liability insurance and traffic enforcement on the community's roads.

3.

Under Florida law, no reduction in your tax burden will result from living in this community.

4.

Members of this community, through their mandatory homeowners association, must set aside adequate reserves to properly maintain, repair and replace the roads, sidewalks and drainage system, and must have a professional engineer regularly inspect the roads, sidewalks and drainage system and report what work is necessary to maintain and/or repair them. The mandatory homeowners association is obligated to do the necessary work reported and the members of the homeowners association pay for the work through their assessments.

5.

The extra expenses you incur to maintain the roads, sidewalks and drainage in your community are in addition to other expenses charged by your homeowners association to pay for private recreational, security and other amenities and services the community may offer, including the community's gates.

6.

As with any assessment, the failure or inability to pay may lead to a lien being placed on your home. If a lien is placed and foreclosed, you could lose your home.

7.

The homeowners association is also required to maintain liability insurance adequate to pay claims for injuries and property damage arising on the private roadway, sidewalks, drainage ponds, and other common areas in the neighborhood.

8.

If the City of Mulberry determines that the community is not meeting its obligations, it may revoke the community's privilege to close its gates so that the roads in the community become available for public use.

9.

If the community fails to maintain its roads, sidewalks and drainage system, the City may require that the gates be removed. In the event the gates are removed, and the HOA dedicates the roads and other infrastructure to the City, all costs and expenses which the City of Mulberry incurs for such maintenance are recoverable from the community. Funds which have been set aside by the community may become the property of the City of Mulberry, and the roads in your community shall permanently become open to the public. The City will not maintain your recreational, security and other amenities under any circumstances.

10.

Before you sign a contract be sure that you receive written information about the costs of living in this community.

I have read and understand the disclosures provided in this disclosure statement prior to execution of a contract to purchase any lot in the [insert name of development] subdivision.

[signature of purchaser] [signature of purchaser]

[print name of purchaser] [print name of purchaser]

The disclosure statement shall be in conspicuous type and shall be contained in a single document which shall be provided to the purchaser separately from the contract for purchase and sale.

(A)

Notwithstanding any other provision of law to the contrary, any and all Landfills and other Solid Waste Facilities as defined in article 9 of the Code, are prohibited within the City of Mulberry and shall not be a permitted use, special exception or site development plan use in any zoning district.

(B)

Exemptions.

(1)

For purposes of this section 2.02.11, the term solid waste facility shall not include any area, station or facility where the following activities take place:

(a)

Storage in containers by persons of solid waste resulting solely from their own activities on their property, leased or rented property, or property subject to a homeowners or maintenance association for which the person contributes association assessments, if the solid waste in such containers is collected at least once a week.

(b)

Disposal of solid waste resulting from normal farming operations. Polyethylene agricultural plastic, damaged, nonsalvageable, untreated wood pallets, and packing material that cannot be feasibly recycled, which are used in connection with agricultural operations related to the growing, harvesting, or maintenance of crops, and which will be disposed of by otherwise lawfully permitted and operated open burning.

(c)

The use of clean debris as fill material in any area. However, this paragraph does not exempt any person from obtaining any other required permits, and does not affect a person's responsibility to dispose of clean debris appropriately if it is not to be used as fill material.

(d)

Compost operations that produce less than 50 cubic yards of compost per year when the compost produced is used on the property where the compost operation is located.

(e)

Junkyards and auto salvage yards.

(2)

Disposal of materials that could create a public nuisance of adversely affect the environment or public health, including, but not limited to, white goods; automotive fluids and materials, such as batteries and tires; petroleum products; pesticides; solvents; hazardous wastes; hazardous materials; or hazardous substances, are not covered under any of the exemptions listed in subsection 2.02.11(B)(1) above, and shall be included in the term solid waste disposal facility for purposes of compliance with subsection 2.02.11(A), above.

(3)

Notwithstanding anything to the contrary herein, this section 2.02.11 shall not prevent or affect the continuation of soil thermal treatment, waste processing or waste transportation operations by a business on a site where valid state and federal permits for such operations were obtained prior to June 1, 2009 and which remain in force as of the effective date of this section, nor the expansion of similar operations on such site. Expansion of such operations to additional sites is not exempt.

(4)

This section 2.02.11 is not intended to prohibit or affect the construction or operation of a crematorium for human or animal remains.

(5)

Notwithstanding anything to the contrary herein, section 2.02.11 shall not prevent or affect the continuation of any business or activity by a business on a site where valid local, state and federal permits and approvals for such business or activities were obtained prior to and which remain in force as of the effective date of this section, nor the expansion of similar operations on such site. Expansion of such operations to additional sites is not exempt.

Setback shall be measured in accordance with the following:

(A)

Setbacks shall be measured by the shortest dimension, running from the property line to the base of the structure or vertical wall/support structure.

(B)

No portion of an alley shall be considered as part of a required setback.

(C)

For determinations of setbacks, corner lots and multiple-frontage lots shall be considered to have fronts on all street frontages unless otherwise specified in this chapter. Side setbacks shall apply to all other sides of such a lot or parcel.

(D)

Sills, eaves, cornices, chimneys, flues, mechanical equipment and similar projections may project into a setback area nor more than three feet and shall not extend over adjacent properties.

All new construction in residential or commercial zones shall have continuous concrete foundations of slab on grade or stem wall configurations. Proposed foundations shall conform to the current Florida Code. Engineering specifications may be required. In the interest of uniformity and community development, all building exit doorways shall have a minimum 4' x 4' impervious door apron.

Temporary uses are defined as those types of activities that are not regularly conducted from a permanent structure or location, and are conducted for only a short period of time.

(A)

Categories of temporary uses.

1.

Garage or yard sales;

2.

Booths, platforms, food trucks, and stands used for the production and sale of prepared or processed food products, such as hot dog and portable barbecue stands, also known as "Food Stands;"

3.

Booths, platforms, and stands used for the selling flowers, fruits, vegetables, and firewood, (Flowers, firewood, fruits, and vegetables that are grown or cultivated on-site are exempt from the requirements of this section), also known as "Produce Stands;"

4.

Sales of retail products not classified as produce stands, such as fireworks, crafts, and Christmas trees, also known as "Retail Sales;"

5.

Sales of vehicles to include, cars, trucks, boats, recreational vehicles, and other similar type vehicles;

6.

Tents, bleachers, and similar types of facilities intended for use by congregations of people, also known as "Meeting Places";

7.

Circuses, fairs, carnivals, festivals, rodeos and similar types of activities that are unlike the usual activities associated with the properties where the events are to be located, and which are intended or likely to attract substantial crowds, also known as "Special Events"; and

8.

Other similar uses or activities as determined by the city manager, or his/her designee.

(B)

Review criteria. Temporary use applications shall be submitted in accordance with section 2.02.14.C, through the city manager, or his/her designee, and evaluated for;

1.

Whether there is a legally established non-residential land use on the property;

2.

Whether the proposed temporary use is incidental and subordinate to the legally established non-residential land use;

3.

Whether the property is appropriately sized to accommodate all activities without infringement into public rights-of-way;

4.

Whether all setback requirements and off-street parking and loading are consistent with the applicable district requirements;

5.

Whether the proposed temporary use is compatible with surrounding properties;

6.

If the proposed temporary use will attract 250 people or more at any given time during the event or will involve amplified music, whether it is appropriately sized to ensure that noise, odor, lighting, and traffic impacts to surrounding properties will be minimized and is compatible with surrounding properties;

7.

Whether proposed strategies for mitigating noise, odor, lighting, and traffic impacts adequately protect the surrounding property owners;

8.

Whether the hours of operation of the proposed temporary use are compatible with surrounding properties;

9.

Whether adequate measures have been taken to ensure the safety of participants and customers, including but not limited to crowd control, fire safety, and emergency access;

10.

Whether adequate plans exist to ensure that trash and debris are removed from the site within 24 hours of the conclusion of the proposed temporary use;

11.

Whether consumption, distribution, or sale of alcoholic beverages comply with this Code and all other Federal, state and local regulations;

12.

Whether proposed temporary signage is compatible with surrounding areas, not intruding into the public right-of-way, or otherwise posing a safety hazard;

13.

Whether appropriate measures have been made to avoid the repeat of any previous violations or infractions of prior temporary uses.

(C)

Application requirements. Except as provided herein, no person or entity shall stage, conduct, manage or authorize a temporary use without first obtaining a temporary use permit from the City.

1.

Garage or yard sales require no permit from the City and shall be permitted in any district, notwithstanding the following:

a.

The property where the sale is to be held must also contain a principal structure and,

b.

Frequency of sales is limited, as noted in section 2.02.14.E.

2.

All other temporary use types may be permitted as specified in Table 2.02.14(A) and where there is a legally established non-residential land use and the temporary use is incidental and subordinate to the primary non-residential use.

3.

All temporary use requests, with the exception of garage or yard sales, shall be required to apply for a temporary use permit, which is an administrative review. Application requirements include, at a minimum:

a.

Identification of legally established non-residential principal land use on the property to be used for the temporary use, and property owner authorization.

b.

Description of the temporary use proposed;

c.

The hours of operation and anticipated duration of the temporary use,

d.

The number of persons expected to attend the temporary use on a daily basis and over the duration of the temporary use together with the highest anticipated attendance at any time.

e.

A site layout plan that addresses location of temporary uses, access, parking area, pedestrian and vehicular travel patterns and distance from surrounding properties;

f.

Description of any amplified sound or music to be provided including the location of speakers and measures to be implemented to minimize noise impacts on surrounding properties.

g.

Description of potential impacts (e.g. noise, odor, traffic, lights) to surrounding properties and mitigation efforts to minimize such impacts.

h.

Description of safety and security measures to be followed, as well as a waste management plan;

i.

Description of temporary uses on the properties within the current calendar year;

j.

Description of any planned advertisement and marketing strategies;

k.

Description of any activities that require permitting from other agencies, such as the Florida Department of Health and the status of such permitting.

l.

Provision of necessary permitting from the City or applicable agency if utilization of or closure of any public rights- of-way are being proposed, and

m.

Provision of any other additional information as requested by the City or reviewing agencies which is deemed necessary to evaluate the application.

D.

Review procedures. Upon receipt of completed application packet and appropriate fees, (to be received no later than 15 business days prior to meeting place and special event type temporary uses), the City manager, or his/her designee, will administer the review in accordance with the following:

1.

For special events and meeting place temporary uses, the application packet will be distributed for review to the development review committee and any other affected division or agency.

2.

Each reviewing agency or division shall review the application to determine if it is in compliance with applicable laws, rules, and regulations within each reviewing agency's purview and if the health, safety, and welfare of the participants, as well as that of the surrounding community are reasonably protected.

3.

In the event that an agency or division determines that it cannot support the proposed temporary use or can only do so with conditions, the agency or division shall notify the city manager, or his/her designee, of such objections or conditions.

4.

Upon receipt of responses from each agency the of the city manager, or his/her designee, or his/her assign shall approve the application, approve the application with conditions, or deny the application for failure to meet the standards of approval provided in section 2.02.14B. No permit shall be issued until applicant complies with section 2.02.14C, as applicable.

E.

Frequency limitations. An applicant may apply for a new temporary use permit or apply for renewal of an existing temporary use permit on the same lot(s) or parcel(s), in accordance with the following limitations:

1.

Food stands: maximum of 60 days per calendar year per parcel ¹ .

2.

Retail stands: maximum of 60 days per calendar year per parcel ¹ .

3.

Produce stands: maximum of 60 days per calendar year per parcel ¹ .

4.

Meeting places: maximum of 30 days, renewable with application after use has ceased for 60 days.

5.

Special events: maximum of 14 days per calendar year per parcel ¹ .

6.

Garage or yard sales: Although permits are not required, limited to four times a calendar year with a limit of three days per sale per parcel ¹ .

7.

Vehicle sales: a maximum of four four-day permits per calendar year per parcel ¹ .

8.

All other uses not specifically addressed: maximum of 30 days per calendar year per parcel ¹ .

9.

Applicants may not obtain a permit for a temporary use for the same parcel if that site has exceeded the time limitation for that calendar year. In the event that an applicant requests a temporary use permit for a parcel that has previously received a permit for an activity that is different from the current permit request, the most restrictive time limitation for the applicable temporary use shall apply.

F.

Signage for temporary uses. Signs for temporary uses shall be in accordance with article 4 except the time limit for signs for food stands, produce stands, special events, and meeting place temporary uses may be for the duration of the temporary use approval.

G.

Performance bond requirements.

1.

For special events or meeting places types of temporary uses with expected attendance greater than 250 people, the applicant shall obtain a performance bond on behalf of the City of Mulberry in the sum of $10,000.00, conditioned that the applicant shall conduct the approved temporary use in accordance with the approval and any imposed conditions and that any damages to public infrastructure, demands for removal, or other failure on the part of the applicant, the amount thereof shall be recoverable by the City for any damages resulting from the failure.

2.

The performance bond provisions may be waived or modified by the city manager, or his/her designee, upon written request accompanied by evidence of financial responsibility, an estimate demonstrating coverage less than $10,000.00 is sufficient to cover any damages or failure to comply with approval, or demonstration of the successful execution of prior temporary uses.

¹ Contiguous parcels under the same ownership comprising a single principal use, including accessory uses, shall be considered as one parcel.

Table 2.02.14(A) Temporary Uses

(Ord. No. 13.2018, § 1, 11-6-2018)

(A)

General. No person shall occupy, let, or sublet to another, for occupancy any building, dwelling, dwelling unit, mobile home, structure, or accessory structure, designed or intended to be used for the purpose of living, sleeping or cooking or eating therein which does not comply with the requirements hereinafter set forth, nor shall any vacant dwelling, building or structure be permitted to exist which does not comply with the applicable following requirements.

(Ord. No. 18-2008, § 11-4-2008)

(A)

Sanitary facilities required: Every dwelling unit shall contain not less than one kitchen sink, one lavatory, one tub or shower, and one water closet, all in good working condition and properly connected to an approved sewer system.

(B)

Location of sanitary facilities: All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of 30 square feet; with no dimension less than four feet.

(C)

Plumbing fixtures: The plumbing fixtures of every dwelling, dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Polk County Plumbing Code. Water lines, waste and sewer lines, plumbing stack, vents and drains shall be properly installed, connected and maintained in working order, and shall be capable of performing the function for which they are designed. Water supply inlets to fixtures shall be installed and maintained in such a manner that backflow or cross-connection will not be possible.

(D)

Hot and cold water supply: Every dwelling unit shall have connected to the kitchen sink, lavatory and tub or shower an adequate supply of both cold and hot water. All water shall be supplied through a pipe distribution system connected to a potable water supply.

(E)

Water heating facilities: Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit.

(F)

Sewage disposal system: Every septic tank, grease trap, waste and sewer line, or similar installation shall be maintained in a sound condition and shall, at all times, be covered with earth or approved material to prevent deterioration or damage.

(Ord. No. 18-2008, § 11-4-2008)

(A)

Electrical lights and outlets: Where there is electric service available to the building or structure, every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room of such dwelling shall contain at least two separate and remote type electric convenience outlets; and in every bathroom and laundry room, there shall be provided at least one convenience outlet. Any new bathroom outlet shall have ground-fault circuit interrupter protection. Every kitchen, bathroom, hall, stairway, and bedroom shall contain at least one ceiling or wall type electric light fixture. Any new ceiling electric light fixture shall be controlled by a wall switch. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.

(B)

Light in public halls and stairways: Every common hall and inside stairway in every building containing three or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full time lighting.

(C)

Electrical equipment: All fixtures, receptacles, equipment and wiring required by this code shall be maintained in a state of good repair, safe, capable of being used and installed and connected to the source of electric power, in accordance with the Polk County Electrical Code.

(D)

Obsolete electrical service: Where the determination is made, upon examination of the existing electrical service supply, that such electrical service is obsolete or is being used in such a manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property, the following shall be used for determining the adequacy of such service: Less than ten kilowatt load and less than six separate circuits requires a minimum of sixty-amp service: ten kilowatt load and six or more separate circuits requires a minimum of one hundred-amp service.

(Ord. No. 18-2008, § 11-4-2008)

(A)

Foundation: The building foundation system shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. The foundation elements shall adequately support the building at all points.

(B)

Structural supports: Every structural element of the dwelling shall be maintained in a structurally sound condition and show no evidence deterioration which would render it incapable of carrying normal loads.

(C)

Exterior walls: Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might allow entrance to rain, or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material shall be kept in repair.

(D)

Roofs: Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building.

(E)

Means of egress: Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of seven feet leading to a safe and open space at ground level.

(F)

Stairs, porches, and appurtenances: Every inside and outside stair, porch and any appurtenances thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair.

(G)

Protective railings:

(1)

At least one handrailing shall be provided for any unenclosed structure over 36 inches from the ground level or on any steps containing four or more risers.

(2)

Interior stairs and stairwells more than four risers high shall have handrails located in accordance with the requirements of the building code. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition.

(H)

Widows and exterior doors

(1)

Every window, window sash and exterior door shall be properly fitted within its frame, provided with the proper hardware, and shall be substantially weather-tight, watertight and rodent-proof, and shall be kept in sound working condition and good repair.

(2)

Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware.

(3)

Every window sash shall be fully supplied with securely fitting glass windowpanes or an approved substitute which are without open cracks or holes.

(4)

Every exterior door shall be provided with properly installed hardware that is maintained to ensure reasonable ease of operation to open, close and secure in an open or closed position, as intended by the manufacturer of the door and attached hardware.

(5)

Exterior door frames shall be properly maintained and shall be affixed with weather-stripping and thresholds as required to be substantially weathertight. watertight, and rodent and insect restrictive when the door is in a closed position.

(6)

Exterior door jambs, stops, headers and moldings shall be securely attached to the structure, maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position.

(I)

Screens: Dwellings which do not have a functioning central air conditioning system shall have screens on all exterior openable windows and shall have a screen door with a self-closing device on all exterior doors except for the main entrance door.

(J)

Protective treatment: All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding shall be weather-resistant and watertight. All masonry joints shall be sufficiently tuck-pointed to ensure water and air tightness.

(K)

Accessory structures: Garage, storage buildings and other accessory structures shall be maintained and kept in good repair and sound structural condition.

(L)

Interior floors, walls, and ceilings:

(1)

Every floor, interior wall and ceiling shall be substantially rodent-proof, shall be kept in sound condition and good repair and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(2)

Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(M)

Interior doors: Every existing interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Every interior door shall be provided with proper hardware, securely attached and maintained in good condition. Hasp lock assemblies are not permitted on the exterior side of the door of habitable rooms.

(Ord. No. 18-2008, § 11-4-2008)

Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, at a distance of three feet above floor level, under reasonably ordinary winter conditions. Unvented fuel-burning heaters shall be prohibited.

(Ord. No. 18-2008, § 11-4-2008)

All cooking and heating equipment facilities shall be installed in accordance with the building, gas or electrical code and shall be maintained in a safe and good working condition.

(Ord. No. 18-2008, § 11-4-2008)

Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measure between stops, for every habitable room shall be eight per cent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than three feet from the window and extended to a level above that of the ceiling of the room. such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15 per cent of the total floor area of such room. Each window or skylight required for minimum light shall be easily opened, and the total of the openable window area in each habitable room shall be equal to at least 45 per cent of the minimum window or skylight area size, as required, or shall have other approved, equivalent ventilation. Year-round mechanically ventilating air systems may be substituted for windows as required herein, in rooms other than rooms used for sleeping purposes. Window-type air conditioning units are not included in this exception.

(Ord. No. 18-2008, § 11-4-2008)

Every bathroom shall comply with the light and ventilation requirements for habitable rooms, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet rooms equipped with an approved ventilation system.

(Ord. No. 18-2008, § 11-4-2008)

Every dwelling unit or dwelling shall contain at least 150 square feet of floor space for the first occupant and at least 100 additional square feet of floor space area per additional occupant. The floor area shall be calculated on the basis of the total of all habitable rooms. In every dwelling unit of two or more rooms. [sic] every room occupied for sleeping purposes, there shall be at least 70 square feet for the first two occupants and at least 50 square feet of floor area per additional occupant.

(Ord. No. 18-2008, § 11-4-2008)

Every habitable room, other than kitchen, storage rooms and laundry room, shall have a ceiling height of not less than seven feet. If any room has a sloping ceiling, at least half of the floor area shall have a ceiling height of at least seven feet.

(Ord. No. 18-2008, § 11-4-2008)

No basement or cellar space shall be used as a habitable room or dwelling unit unless:

(A)

The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness;

(B)

The total window area in each room is equal to at least the minimum window area size as required in section 2.02.15.06;

(C)

Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and

(D)

The total of openable window area in each room is equal to at least the minimum as required under section 2.02.15.06, except where there is supplied some other device affording adequate ventilation.

(Ord. No. 18-2008, § 11-4-2008)

(A)

All public or shared areas, habitable rooms or any dwelling or dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner.

(B)

All garbage or rubbish shall be disposed of and kept in the manner prescribed in the Polk County Solid Waste Management Ordinance.

(C)

Nothing shall be placed, constructed, or maintained on any premises that shall in any way constitute a nuisance or fire hazard.

(D)

All buildings, structures, accessory structures, dwellings, or dwelling units shall be free from infestation of rats, mice, snakes and other vermin or vectors.

(Ord. No. 18-2008, § 11-4-2008)

All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code in a building when erected, altered, or repaired, shall be maintained in good working order as provided in this Code. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, and premises.

(Ord. No. 18-2008, § 11-4-2008)

(A)

These standards shall be used to assure safe and livable housing conditions for mobile and manufactured homes. Repair and remodeling of mobile or manufactured homes may use material and design equivalent to the original construction.

(B)

Electrical repair of mobile or manufactured homes shall be in accordance with this chapter and the Polk County Electrical Code.

(C)

The sanitary sewer and water systems serving each mobile home shall be in accordance with the Polk County Mobile Home Set-Up Code.

(D)

Mobile homes shall be tied down and blocked in accordance with the minimum requirements of F.S. § 320.8325, or other applicable general laws of the State of Florida, and rules and regulations promulgated pursuant thereto, and the Polk County Mobile Home Set-Up Code.

(Ord. No. 18-2008, § 11-4-2008)

The sale of alcoholic beverages for consumption on the premises where such beverages are sold is prohibited, except as provided in this subsection. "Bottle clubs" or other establishments where alcoholic beverages are consumed, but not sold, on the premises, are allowed in C-2 and I-L.

(A)

Private clubs. Private clubs, including country clubs and civic or fraternal organizations, may serve alcoholic beverages upon obtaining the necessary licenses and permits from the State of Florida, when such service is incidental to the main use of the property and is limited to the exclusive use of members and guests of the club.

(B)

Restaurants. The sale of alcoholic beverages in restaurants shall be permitted in all districts that allow restaurants if more than 50 percent of the establishment's revenues are derived from the sale of food.

(A)

New establishments. New adult entertainment establishments shall be permitted in districts subject to the following standards:

(1)

No adult entertainment establishment shall be located within 750 feet of any property zoned R-1L, R-1H, or MH, or property within unincorporated Polk County zoned for agricultural or residential use, including in a PD zoning classification.

(2)

No adult entertainment establishment shall be located within 500 feet of any day care center or public recreation facility.

(3)

No adult entertainment establishment shall be located within 500 feet of any church or school.

(4)

No adult entertainment establishment shall be located within 500 feet of another adult entertainment establishment.

(B)

Non-conforming establishments. Adult entertainment establishments legally in operation prior to the effective date of this Code may continue to operate as a non-conforming use in accordance with section 7.09.00.

Adult entertainment businesses established under paragraph (A) above shall not be rendered non-conforming by any of the following subsequent occurrences:

(1)

The rezoning of property within the City of Mulberry or unincorporated Polk County for agricultural or residential use.

(2)

The placement of a day care center or public recreation facility within 500 feet.

(3)

The establishment of a church or school within 500 feet.

(C)

Measurement of distances. Distances shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel.

(D)

Applicability of other laws and ordinances. Nothing in this subsection shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this Code or other applicable law or regulation. Additionally, nothing in this Code shall be construed to authorize, allow, or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.

In order to classify, regulate, and restrict the uses of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards, courts, and other open spaces between buildings; and to regulate the intensity of land use, all the area of the City of Mulberry is classified into one of the following districts:

R-1L Single Family Residential R-1H Multiple Family Residential

MH Manufactured (mobile) Home Planned Development

C-1 Central Business District

C-2 Highway Commercial I-L Light Industrial

I-H Heavy Industrial

P-I Public Institutional District

OR Outdoor Recreation District

CN Conservation

AG Agricultural

PD Planned Development

The tables on the following pages present, in a quick-reference form, information regarding permitted and special exception land uses, and development standards for all zoning districts. These tables must be read in conjunction with the regulations for specific zoning districts in section 2.04.02. The key to the Table is as follows:

P = Permitted Use - Use is permitted by right subject to section 7.04.00 and all other applicable standards

S = Special Exception - Use is permitted if it meets the conditions in section 3.09.00, subject to all other applicable standards, and only after review and approval by the planning board and the city commission.

Changes made 12-02 are marked with an *.

(Ord. No. 13.2018, § 1, 11-6-2018)

The following zoning designations are hereby established within the City of Mulberry.

(A)

FLUM designation: Low Density Residential Classification.

(B)

Purpose: The purpose of this district to provide for the lowest residential densities and limited agricultural uses. The district is restricted to single family dwelling uses with necessary and incidental accessory uses, and public uses compatible with residential uses.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Permitted uses are designated by the letter "P".

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(1)

Private boat ramps, docks, boat houses and fishing piers, subject to the provisions of Article 5.

(E)

Special exception uses: Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the Zoning Board of Appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements:

(1)

Home occupation: An activity conducted in a residential dwelling unit that employs only members of the immediate family residing there. The activity may not occupy more than 500 square feet of the dwelling nor may it display anything that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling. Specific regulations are contained in section 7.07.00 of this Code.

(A)

FLUM designation: High Density Residential Classification.

(B)

Purpose: The purpose of this district is to provide areas for single family, duplex, and multiple family dwelling uses with a higher density standard and lower restrictive regulations than single family districts, along with the necessary and incidental accessory uses, and uses characteristic with, but not detrimental to, the principal use. In no case shall a density be permitted in any R-1H multiple family dwelling district that exceeds the rate of 16 dwelling units per net acre; provided however, that such limitation shall not be applicable in any other zoning district within the City solely by reference to this section of the zoning ordinance.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(1)

Private boat ramps, docks, boat houses and fishing piers, subject to the provisions of article 5.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements:

(1)

Bed and breakfast: Property shall front on a collector or arterial roadway. Primary points of ingress-egress shall connect to such roadway. Signs shall be in accordance with regulations in article 4. Parking requirements shall be one space per unit available for rent.

(2)

Home occupation: An activity conducted in a residential dwelling unit that employs only members of the immediate family residing there. The activity may not occupy more than 500 square feet of the dwelling nor may it display anything that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling. Specific regulations are contained in section 7.07.00 of this Code.

(A)

FLUM Designation: Manufactured (mobile) Home Planned Development.

(B)

Purpose: To establish locations suitable for manufactured (mobile) home development; to designate those uses and activities that are appropriate for and compatible with such areas; and to establish standards and provisions necessary to ensure proper development and public safety in a manufactured (mobile) home residential environment.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(1)

Permitted uses include dwelling units that are transportable in one or more sections, built on a metal frame and designed to be used as a residential dwelling with or without a permanent foundation, and noncommercial recreational facilities.

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special exception uses: Uses permitted as Special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a Special Exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(1)

Planned development projects shall include dwelling units designed as a component of a master development rather than as a single structure on a single lot. The overall density of a manufactured (mobile) home planned development project shall not exceed eight manufactured (mobile) homes or manufactured (mobile) home lots per gross acre. Development of Manufactured (mobile) Home Planned Developments (MHPDs) shall also be subject to the following guidelines:

a.

MHPDs shall be located immediately adjacent to arterials or collectors, or provide a transition from a higher to a lesser density or intensity of use;

b.

Land uses shall be appropriately buffered within the MHPD, and the MHPD shall be appropriately buffered from adjacent land uses;

c.

MHPDs shall require a site plan, including a compatibility analysis of adjacent uses;

d.

Subject to compatibility criteria and site plan review, lower order services and goods, such as professional offices, financial institutions, convenience, grocery, and drug stores are permissible;

e.

Commercial land uses shall not exceed 25 percent of the total site; and

f.

A minimum of 10 percent of the total site shall consist of open space and/or passive recreation uses.

(G)

Other requirements:

(1)

Home occupation: An activity conducted in a residential dwelling unit that employs only members of the immediate family residing there. The activity may not occupy more than 500 square feet of the dwelling nor may it display anything that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling. Specific regulations are contained in section 7.07.00 of this Code.

(A)

FLUM designation: Central Business District Classification.

(B)

Purpose: The purpose of the district is to provide for the transitional commercial uses of land and buildings that will separate objectionable activities of industrial and commercial uses from amenities of single family residential uses of property; and to provide areas for general retail sales and services normally located in a central business area.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(A)

FLUM designation: Highway Commercial Classification.

(B)

Purpose: The purpose of this district is provide for general retail and service land uses that may require considerable ground area, do not cater directly to pedestrians, and need a conspicuous and accessible locations convenient for motorists.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(A)

FLUM designation: Industrial Classification.

(B)

Purpose: The purpose of this district is to provide for land uses that are primarily for manufacturing and processing, wholesale storage and warehousing enterprises.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(1)

Caretakers' residences are permitted as an accessory use in this district. Accessory structures shall be subject to the same setback requirements as principal structures. Minimum building spacing shall be 15 feet.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements: None.

(A)

FLUM designation: Industrial.

(B)

Purpose: The purpose of this industrial district is to provide for those manufacturing activities that may unavoidably create some undesirable effects and that are not desirably associated in proximity to residential areas. In order to minimize conflicts, and to preserve and protect the character of the general industrial districts, certain residential and institutional uses are not permitted therein.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(1)

Caretakers' residences are permitted as an accessory use in this district. Accessory structures shall be subject to the same setback requirements as principal structures. Minimum building spacing shall be 15 feet.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements: None.

(A)

FLUM designation: All.

(B)

Purpose: To establish locations for properties and/or facilities owned by government and used for purposes related to the public health, safety and welfare; and to accommodate public recreation and open space uses.

(C)

Permitted principal uses and structures: Buildings, facilities or activities owned or operated by governments or other public agencies and having a public purpose. Where residential uses are established, allowable density shall not exceed that of the underlying land use designation, as depicted on the Future Land Use Map of the City of Mulberry Comprehensive Plan. Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(1)

Manufactured buildings may be used as classrooms on existing school sites.

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements: Each application for the P-I zoning designation shall be accompanied by a site development plan or sketch plan which accurately depicts the following:

(1)

Lot lines, easements, adjacent rights-of-way and existing structures;

(2)

Proposed use of the property;

(3)

All proposed new structures, including floor area of buildings and setback distances from property lines;

(4)

Building heights;

(5)

Parking areas, roads and driveways; and

(6)

Tracks, play equipment or other site improvements not qualifying as structures.

Approval of the P-I zoning designation shall be granted in reliance upon the submitted plan, and all construction and improvements shall be substantially consistent with the plan, as determined by the city manager, or his/her designee.

(A)

FLUM designation: Outdoor Recreation Classification.

(B)

Purpose: To provide for outdoor recreation land uses and facilities that may be publicly or privately owned and may require large land areas.

(C)

Permitted principal uses and structures: Permitted uses include publicly-owned and privately-owned outdoor recreation uses such as: special use parks; stadiums; golf courses; courts; ball fields and associated concessions, parking and facilities; water sports; all types of trails with or without exclusive right-of-way; and other similar facilities and uses. This district does not allow commercial indoor recreation uses, which would be zoned under a commercial classification rather than a recreation classification. Uses permitted in this district are detailed in the Table of Land Uses in section 2.04.01(A). Permitted uses are designated by the letter "P".

(D)

Accessory uses: Customary uses which are secondary and incidental to principal uses, including caretakers' residences, pavilions, and public restrooms. Accessory structures shall be subject to the same setback requirements as principal structures. Minimum building spacing shall be 15 feet.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements: Each application for the O-R zoning designation shall be accompanied by a site development plan or sketch plan which accurately depicts the following:

(1)

Lot lines, easements, adjacent rights-of-way and existing structures;

(2)

Proposed use of the property;

(3)

All proposed new structures, including floor area of buildings and setback distances from property lines;

(4)

Building heights;

(5)

Internal roads and driveways;

(6)

Parking areas; and

(7)

Tracks, play equipment or other site improvements not qualifying as structures.

Approval of the O-R zoning designation shall be granted in reliance upon the submitted plan, and all construction and improvements shall be substantially consistent with the plan, as determined by the city manager, or his/her designee.

(A)

FLUM designation: Conservation.

(B)

Purpose: To preserve the proper functioning of natural resources, such as wetlands, floodplains, and groundwater recharge areas.

(C)

Permitted principal uses and structures: Publicly owned wetlands, floodplains, and other areas in which limited development is permitted in order to preserve a natural resource. Municipal wellfields and associated facilities. Boat docks and marinas, provided that all structures and parking areas are above the 100-year flood elevation.

(D)

Accessory uses: Customary uses which are secondary and incidental to principal uses, including restrooms, caretakers' residences, pavilions, boardwalks, and pedestrian/bicycle paths. Accessory structures shall be subject to the same setback requirements as principal structures. Minimum building spacing shall be 15 feet.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the zoning board of appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements: Where any form of development is proposed in a CN zoning district, a site development plan shall be submitted which accurately depicts the following:

(1)

Wetlands, flood-prone areas, and natural drainage features;

(2)

Lot lines, easements, adjacent rights-of-way and existing structures;

(3)

Proposed use of the property;

(4)

All proposed new structures, including floor area of buildings and setback distances from property lines;

(5)

Building heights;

(6)

Internal roads and driveways;

(7)

Parking areas; and

(8)

Tracks, play equipment or other site improvements not qualifying as structures.

Development proposals which include conservation lands shall be considered by the planning commission and city commission and approved in a public hearing. All construction and improvements shall be substantially consistent with the submitted site plan, as determined by the city manager, or his/her designee.

(A)

FLUM designation: Agriculture Classification.

(B)

Purpose: To provide for agricultural activities within the city of mulberry; and to provide for the continuation of Agricultural Tax Exempt status as governed by State Statute, on property that is around the perimeter of the City and the subject of annexation. In general, agricultural pursuits and single family detached dwelling units are allowed.

(C)

Permitted principal uses and structures: Uses permitted in this district are detailed in the Table of Land Uses in section 2.05.01(A). Agriculture uses like farming and pasturing are permitted without a dwelling unit. Permitted uses are designated by the letter "P".

(1)

Agricultural uses as defined herein: The use of land for producing or harvesting crops or plants; for raising, livestock or fish; for dairying; for forestry, fisheries, animal specialty farms or hunting, trapping and game propagation. Intense agricultural activities such as feed lots and egg production are not allowed within the city limits, unless they are pre-existing uses of the land prior to annexation.

(2)

Limited agricultural uses as defined herein: Land uses in residential areas that are characterized as agricultural in nature and are limited to orchards; vineyards; nurseries; ornamental horticulture areas; groves; noncommercial greenhouses, bee keeping and raising of exotic species with the exception of venomous reptiles.

(3)

Permitted in this district are newly annexed parcels with agricultural uses that have been previously qualified for the Agricultural Tax Exemption as defined by F.S. § 193.461, "which includes, but is not limited to, horticulture; floriculture; viticulture; forestry; dairy; livestock; poultry; bee, pisciculture, when the land is used principally for the production of tropical fish; aquaculture; sod farming; and all forms of farm products and farm production."

(D)

Accessory uses: Accessory uses and structures customarily incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.05.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special exception uses: Uses permitted as special exceptions in this district are detailed in the Table of Land Uses in section 2.04.01(A). Such uses are designated by the letter "S". Special exception uses require the submission of an application and approval by the planning and zoning board and appeals prior to application for a development permit. Review of an application for approval of a special exception is governed by article 7.

(F)

Development standards: Development standards for uses in this district are detailed in the Table of Development Standards in section 2.04.01(B). Specifically, standards are established for maximum density; minimum lot size; minimum lot width; minimum lot depth; minimum floor area; floor area ratio (as applicable); setbacks; maximum lot coverage; and maximum building height.

(G)

Other requirements:

(1)

Aquaculture, composting and recycling activities conducted on non-mandatory reclamation lands shall be subject to, and require evidence of, all relevant state and federal permits, and shall be appropriately buffered from existing or future adjacent residential development; and may be permitted as a special exception or a conditional use, as listed in the "Table of Land Uses", Table 2.05.01(A).

(2)

Roadside stands: Excess produce and other products that are agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, etc., as well as excess produce harvested from any commercial farm, may be sold on the premises to the general public by the means of a roadside stand or similar structure, by the residents of the property. All setbacks must be observed from rights-of-way and property lines as required for any accessory structure.

(A)

FLUM designation: The primary use of a Planned Development must be consistent with the future land use designation of the property.

(B)

Purpose and intent:

(1)

The planned development district is intended to provide a method for consideration and approval of unique zoning districts for individual planned developments (PD), which are not provided for or allowed in the zoning districts otherwise established by this chapter.

(2)

The standards and procedures of this district are intended to promote flexibility of design and to permit planned diversification and integration of uses and structures, while at the same time reserving to the city commission the absolute authority to establish limitations and regulations for the development deemed necessary to protect the public health, safety and welfare. In so doing, the PD district is designed to:

a.

Promote more efficient and economic uses of land, including bypassed lands.

b.

Encourage more compatible and harmonious development of contiguous lands.

c.

Promote home ownership opportunities for all residents of the community.

d.

Provide flexibility to meet changing needs, technologies, economics, and consumer preferences.

e.

Be totally controllable based on the needs of the city, in terms of the impact on the proposed site and surrounding neighborhoods.

f.

Encourage uses of land, which reduce transportation needs and which conserve energy and natural resources.

g.

Preserve to the greatest extent possible, and utilize in a harmonious fashion, existing landscaping features and amenities.

h.

Provide for more usable and suitably located recreational facilities, open spaces and scenic areas, either commonly owned or publicly owned, than would otherwise be provided under conventional land-development procedures.

i.

Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities.

j.

Accomplish more desirable living and working environments than would be possible through the strict application of minimum requirements of the city's other zoning and subdivision regulations.

k.

Permit the combining and coordinating of architectural styles, building forms, and building relationships within a Planned Development.

l.

Provide an environment of stable character compatible with surrounding developments.

m.

Permit specific limitations and requirements in excess of those included in other zoning districts, based on the unique characteristics of the individual site, where necessary to the public health, safety, or welfare, or for the protection of preservation of lands, either internal or external to the planned development.

(C)

Voluntary use: The PD district shall be a voluntary process commenced by an applicant for PD (zoning designation). The city shall not initiate a PD rezoning on privately owned property or designate specific lands for planned development in its adopted Comprehensive Plan.

(D)

Minimum conditions for approval: The approval of planned development rezoning or development plan may not be approved unless the following minimum conditions are met:

1.

The minimum size of the proposed development shall be five acres for a residential development and two acres for a nonresidential development.

2.

Minimum setbacks at the perimeter of the development shall be equal to those of the abutting districts. Otherwise, there shall be no minimum lot size, setbacks, percentage of lot coverage, or lot width except as specified in the PD approval document.

(E)

Permitted uses: Except where certain uses are specifically disallowed or restricted as part of the PD approval:

1.

In a commercial PD, the uses allowed in Mulberry's C-1 and C-2 zoning districts may be permitted as principal or accessory uses.

2.

In a commercial mixed use PD, the uses allowed in Mulberry's C-1, C-2 and R-1H zoning districts may be permitted as principal or accessory uses.

3.

In an industrial PD, the uses allowed in Mulberry's I-L and I-H zoning districts may be permitted s principal or accessory uses.

4.

In an industrial mixed use PD, the uses allowed in Mulberry's I-L, I-H and C-2 zoning districts may be permitted as principal or accessory uses.

5.

In a residential PD, the following uses shall be permitted:

a.

Dwelling, one-family;

b.

Dwelling, two-family;

c.

Dwelling, multifamily;

d.

Townhouses;

e.

Public and private recreation facilities;

f.

Churches and other houses of worship;

g.

Child and adult day care centers;

h.

Convenience, goods, retail and personal service stores primarily intended and designed to service the residents of the PD;

i.

Essential services;

j.

Foster home;

k.

Adult family care home, family day care home, family foster care;

l.

Special need housing and facilities, upon approval of a specific location and site plan within the PD;

m.

Home occupations subject to the provisions contained herein.

(F)

Internal compatibility: All land uses within the proposed development shall be compatible with other proposed uses. The planning commission and the city commission shall consider the following factors in judging internal compatibility:

1.

The streetscape.

2.

The existence or absence of, and the location of, open spaces, plazas, recreational areas and common areas.

3.

The use of existing and proposed landscaping.

4.

The treatment of pedestrian ways.

5.

Focal points and vistas.

6.

The use of the topography, physical environment and other natural features.

7.

Traffic and pedestrian circulation pattern.

8.

The use and variety of building setback lines, separations and buffering.

9.

The use and variety of building groupings.

10.

The use and variety of building sizes and architectural styles.

11.

The use and variety of materials.

12.

The separation and buffering of parking areas and sections of parking areas.

13.

The variety and design of dwelling types.

14.

The particular land uses proposed and the conditions and limitations thereon.

15.

The form of ownership proposed for various uses.

16.

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of any proposed use within the proposed development.

(G)

External compatibility. All proposed land uses shall be compatible with existing and planned uses of properties surrounding the proposed development. The planning commission and the city commission shall consider the following factors in judging external compatibility:

1.

All of those factors listed in the preceding section, with particular attention to those areas of the development located on or near its perimeter and the conditions and limitations thereon.

2.

The particular uses proposed near the development perimeter and the conditions and limitations on those uses.

3.

The type, number and location of surrounding external uses.

4.

The Comprehensive Plan goals and objectives and zoning regulations for surrounding external uses.

5.

Any other factor deemed relevant to the privacy, safety, preservation, protection or welfare of lands surrounding the proposed development and any existing or planned use of such lands.

(H)

Intensity of development. The residential density and intensity of use of a development plan shall have no undue adverse impact upon the physical and environmental characteristics of the site and surrounding lands. Within the policy limitations of the Comprehensive Plan, the permitted residential density and intensity of use in a proposed development may be adjusted upward or downward in consideration of the following factors:

1.

The location of various proposed uses within the development and the degree of compatibility of such uses with each other and with surrounding uses.

2.

The amount and type of protection provided for the safety, habitability and privacy of land uses both internal and external to the development.

3.

The existing residential density and intensity of use of surrounding lands.

4.

The availability and location of utilities services and public facilities and services.

5.

The amount and size of open spaces, plazas, common areas and recreation areas.

6.

The use of energy-saving techniques and devices, including sun and wind orientation.

7.

The existence and treatment of any environmental hazards to the development of surrounding lands.

8.

The access to and suitability of transportation arteries proposed within the development and existing external transportation systems and arteries.

9.

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, welfare and safety.

(I)

Open spaces, plazas and recreation. Open spaces, plazas and recreation areas provided within a development plan shall be evaluated based on conformance with the goals and objectives of the Comprehensive Plan and the sufficiency of such areas to provide appropriate recreational opportunities, protect sensitive natural areas, conserve areas of unique beauty or historical significance, provide structure to neighborhood design, and encourage compatible and cooperative relationships between adjoining land uses.

(J)

Sidewalks, trails, bikeways. The design of a development plan should, whenever feasible, incorporate appropriate pedestrian and bicycle access ways to provide for a variety of transportation alternatives.

(K)

Environmental constraints. The site of the proposed development shall be suitable for use without hazards to persons either on or off the site from the likelihood of increased flooding, erosion or other dangers, annoyances or inconveniences. The condition of the soil groundwater level, drainage and topography shall all be appropriate to the type, pattern and intensity of development intended.

(L)

Internal access and circulation. Every dwelling unit or other use permitted in a development plan shall have access to a public street either directly or by way of a private road, pedestrian way, common area guaranteeing access. Private roads and other access ways shall be required to be constructed to ensure that they are safe and maintainable.

(M)

External transportation access. The proposed development shall be located on, and provide access to, a major street as designated in the Comprehensive Plan unless, due to the size of the development and the type of uses proposed, it will not adversely affect the type or amount of traffic adjoining local streets.

(N)

Off-street parking. Sufficient off-street parking and loading facilities for bicycles and other vehicles as well as cars shall be provided. The requirements of section 3.03 of this chapter shall be used as a general guide in determining the needs for such facilities. Parking areas shall be constructed in accordance with such standards as are approved by the city commission to ensure that they are safe and maintainable and that they allow for sufficient privacy for adjoining uses.

(O)

Public facilities. No development plan shall be approved without adequate on-site and off-site public facilities, including but not limited to storm drainage, sanitary sewers, roadway capacity, fire/rescue service, police service, water distribution system and recreational facilities, which shall serve the proposed development.

(P)

Unified control. The applicant shall furnish the city with sufficient evidence to the satisfaction of the city attorney that the applicant is in complete and unified possession and control of the entire area of the proposed planned development, whether the applicant shall provide to the city all necessary documents and information that may be required by the city attorney to ensure that the development project may be lawfully completed according to the plans submitted. No application shall be considered until the requirements of this section have been fully complied with.

(Q)

Phasing. The city commission may permit or require the phasing or staging of the proposed development. When provisions for phasing are included in the development plan, each phase of development must be planned and related to previous development, surrounding properties, and the available public facilities and services so that a failure to proceed with subsequent phases will not adversely affect public facilities or interests, or surrounding properties.

(R)

Development time limits. The city commission shall establish reasonable periods of time for the completion of the total proposed development, any development phases. Any dedicated public facilities, which are part of the development; and facilities planned for common areas. These time limits may be extended by the city commission for reasonable periods upon the petition of an applicant for an amendment to the development plan and based upon good cause, as determined by the city commission. Any extension of time shall not automatically extend the normal expiration date of a building permit, site plan approval or other development order. If time limits contained in the approved development plan are not complied with and not extended for good cause, the city commission may rezone the property or any part of it or amend the approved development plan so as to best protect adjoining properties and the public health, safety and welfare.

(S)

Bonds. The city commission may include in the development plan requirements for bonds (or appropriate alternatives) conditioned upon the satisfactory and timely completion of facilities in the development plan, for the benefit of the city and purchasers from the applicant, when the development time limits and phasing schedule do not preclude the sale of individual units prior to the completion of such facilities. In the event that a requirement for bonds or appropriate alternative is not provided for in the plan, then the requirements for such bonds required in this chapter shall be complied with.

(T)

Applicability of other chapters. All building code, housing code and other land use regulations of the city are applicable to the PD district, except for those permitting special exceptions and variances and except to the extent that they conflict with a specific provision of the approved development plan. Analogous land use regulations applying to other areas of the development shall be as determined by the city commission as part of the approved development plan or, if not determined therein, during the site plan approval process set forth in this chapter, giving due regard to the purpose of each such regulation and the similarity of each area of the Planned Development to other zoning districts in terms of permitted uses.

(U)

Variances applicable to the planned development. A property within a planned development may apply for a variance provided that all of the following criteria are met:

1.

The development order does not prohibit individual property owners from applying for variances.

2.

The variance request is not contrary to the recorded covenants and deed restrictions.

(V)

Administrative procedures. A PD shall be adopted in the same manner as a rezoning ordinance, except that it shall contain a conceptual site plan demonstrating or requiring compliance with conditions set forth herein and generally depicting the nature, intensity and location of various uses. The PD Ordinance may provide that minor modifications to the conceptual site plan shall be permitted upon approval by the city manager, or his/her designee.

Accessory uses are incidental and secondary to a principal use that is permitted in a given zoning district. It is the purpose of this section to regulate the height, size, location, setback and use of accessory structures to ensure that they do not adversely affect nearby residents or surrounding properties.

Typical accessory structures associated with residential uses are detached garages and carports; storage buildings; swimming pools (see § 2.05.01 below); bath houses; yard structures, such as a gazebo; boat houses, dock, slips and piers (see; 2.05.02); satellite dish antennas (see § 2.05.03); and other similar structures.

Commercial and industrial uses also have accessory structures and uses, which include; garages, sheds, satellite dishes, antennas, security structures, special fencing and walls, solid waste pads and collection structures, and similar structures.

In addition to the standards provided below, accessory structures shall meet all requirements set forth in individual zoning districts and other applicable provisions of this Code. One or more accessory structures may be permitted on a development site, provided that the following requirements are met:

(A)

Accessory structures shall not be constructed on a parcel of land on which there is not also a principal structure, except where approved by the city commission on an individual basis, upon finding the following:

1.

The height, size/scale, and location of the accessory structure does not adversely affect nearby residents or surrounding properties.

2.

A description of the type and size of a proposed accessory structure has been presented to the city commission, along with a diagram or plot plan showing the location of the structure and any other lot improvements.

3.

The structure will meet the setback requirements for principal buildings within the zoning district in which the parcel is located.

4.

The principal structure for which the accessory structure is intended shall be located on an adjacent parcel of land, or on a parcel in reasonable proximity, where both parcels are under the same ownership.

(B)

All accessory structures shall comply with the Florida Building Code and all standards of this Code pertaining to the principal use.

(C)

Accessory structures shall be located in the side or rear yard and shall not be located in a required landscape buffer.

(D)

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

(E)

All accessory structures shall be shown on a Site Development plan when one is required under section 7.04.00 of this Code.

(F)

No accessory structure shall be used for residential purposes and shall not be larger than the principle structure.

(G)

Except where otherwise provided, accessory structures shall be separated from each other and from the principal structure by at least five feet.

(H)

Accessory structures shall be a minimum of five feet from any interior lot line.

(I)

No manufactured (mobile) home, trailer, or vehicle of any kind shall be permitted as an accessory structure any development site except: as a caretaker's residence in IL, IH, PI, PR and CON zoning district; and except as classrooms on an existing school site zoned PI. Accessory structures shall be subject to the same setback requirements as principal structures. Minimum building spacing between manufactured buildings and any other accessory or permitted use or structure shall be 15 feet.

(J)

When associated with a commercial or industrial use, the accessory use may not generate more than 49 percent of the total revenue of the business.

Swimming Pools are permitted in all Residential districts as an accessory use. Pools located in any residential district shall meet the following requirements:

(A)

Swimming pools shall be permitted accessory to a residential use only, and shall be at least five feet from any lot line or building, as measured from the edge of the water.

(B)

Swimming pools, including all decking and screen enclosures, shall be located to the rear of the front building line, and shall not encroach into side street setback areas.

(C)

Screen enclosures over and around swimming pools shall be erected so as to conform to setback requirements for accessory buildings; however, such enclosures may be attached to the principal building. Lighting for pools shall be located and installed such that no direct light nor reflected light is visible on adjoining property.

(D)

Swimming pools shall not be located within public utility or drainage easements alongside and rear lot lines. For purposes of setback measurement, the term "swimming pool" shall include all surrounding decking and vertical supports for screen enclosures.

(E)

All swimming pools shall be completely enclosed by a fence or a wall not less than four feet high.

(F)

No pool in residential districts may be used for commercial purposes.

Boat slips/ramps, docks, boat houses and fishing piers are permitted as an accessory use. Private boat slips/ramps and docks may be constructed by the owner on any lot bordering a lake, providing they comply with the following:

(A)

Docks shall not extend into the lake a distance greater than 50 feet measured from the regulatory water line, which shall be established by the city commission on any lake that is not a meandering lake.

(B)

In residential districts, no boat house or permanent structure covering a dock, pier, boat slip or boat ramp is permitted beyond the regulatory water line. Permanent accessory structures may be permitted landward of the regulatory water line, when permitted and constructed in accordance with all pertinent Codes of Mulberry.

(C)

No permit shall be issued for a boat house, dock, pier, boat slip or boat ramp, except with the review and approval of the city commission. The applicant shall provide to the building director complete plans, specifications and details, at least 30 days prior to a regular meeting of the city commission at which the proposed structure is to be considered. The building director shall determine if such plans meet all requirements of this Code, any state or other governmental rules or regulations and transmit his findings to the city commission. The applicant shall post a cash or surety bond, as the city commission may determine, to assure that the work proposed is completed in a manner fully consistent with an approved development order.

(A)

A satellite dish or antenna shall be an accessory use only, and shall not be the principal use of the property.

(B)

Antennas and dishes shall not exceed 30 feet in height.

(C)

Antennas and dishes shall not be located forward of the front building line or within a required side street setback area.

(D)

An antenna or dish not mounted on or affixed to a principal structure shall be set back from all property lines a distance equal to its height.

(E)

An Antenna Installation Permit shall be required for all antennas and dishes exceeding 25 feet in height and four eet in diameter. Applications for this permit shall include a site plan, sketch plan or other scaled drawing showing all structures on the property, and the location, height and size of the proposed antenna or dish.

(F)

The following regulations apply to antennas or dishes in R-1L, R-1H, and MH districts:

(1)

A satellite dish or antenna shall be permitted only as an accessory use to a single family detached dwelling unit, or for the common use of the residents of a multiple family structure or a manufactured (mobile) home park.

(2)

Roof-mounted satellite dishes or antennas shall be permitted in single family developments, multiple family developments and manufactured (mobile) home parks. Roof-mounted dishes or antennas in manufactured (mobile) home parks shall be affixed only to buildings of conventional construction.

(G)

The following regulations apply to antennas or dishes in C-1, C-2, I-L, I-H, and PI districts.

(1)

A satellite dish or antenna shall be permitted either as an accessory use or, if permissible in the zoning district, a principal use. However, the dish or antenna shall not be installed prior to construction.

(2)

More than one dish or antenna per lot is permitted in commercial and industrial districts but prohibited elsewhere.

Bulk storage of propane gas and sales of that gas is a permitted accessory use in manufactured (mobile) home parks and RV (recreational vehicle) parks. All storage must be a minimum of 50 feet from any unit or building.