The purpose of this article is to provide development design and improvement standards applicable to all development activity within the City of Mulberry.

Unless otherwise specifically provided, all improvement required by this article shall be designed, installed, and paid for by the developer.

The provisions of this article are intended to ensure functional and attractive development. Development design shall first take into account the protection of natural resources as prescribed in article 5 of this Code. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

(A)

Purpose. This Section establishes minimum requirements applicable to the development transportation system, including public and private streets, bikeways, pedestrian ways, parking and loading areas, and access control to and from public streets. The standards in this section are intended to minimize the traffic impacts of development, and shall be construed and implemented to create an efficient, safe, and balanced system of traffic circulation accommodating vehicles, bicycles, and pedestrians consistent with good engineering and development design practices.

(B)

Compliance with Technical Construction Standards. All required elements of the transportation system shall be provided in compliance with engineering design and construction standards adopted by the City of Mulberry.

(A)

General. The general purposes and intent of the City in the establishment of base building lines are to provide an efficient and economical basis for acquisition of street rights-of-way; and to provide a convenient and adequate thoroughfare network to meet the present and future needs of residential, commercial and industrial traffic through and around the City.

(B)

Base building lines established. Base building lines are hereby established for all districts whereby no building or structure shall be constructed or erected closer than 15 feet from the street or road right-of-way line as shown on the Future Traffic Circulation Map of the City of Mulberry Comprehensive Plan. Base building lines shall run parallel to the right-of-way centerline. If a future right-of-way has been established and recorded, the recorded and proposed right-of-way shall be used for establishment of setbacks and base building lines.

No structure in any zoning district shall be placed forward of the base building line, regardless of the normal front or side street setback requirement for the district.

(C)

Base building line on State Roads. Regardless of the provisions of section 3.02.02(B) or any other provision of this Code, no structure shall be placed within 25 feet of the edge of the right-of-way of any state road located within the City.

(A)

General design standards.

(1)

All streets in a new development shall be designed and constructed pursuant to all engineering design standards adopted by the City of Mulberry. The Polk TPO Complete Street Handbook shall also be used as a guide for the implementation of candidate Complete Street projects were appropriate. Streets shall be dedicated to the City upon completion, inspection, and acceptance by the City.

(2)

The street system of the proposed development shall, to the extent practicable, conform to the natural topography of the site, preserving existing hydrological and vegetative patterns, and minimizing erosion potential, runoff, and the need for site alteration. Particular effort should be directed toward securing the flattest possible grade near intersections.

(3)

Streets shall be laid out to avoid environmentally sensitive areas.

(4)

No public streets shall be dedicated within 40 feet of the high water elevation of any lake, except where public access to the lake is to be provided.

(5)

Private streets may be allowed within any development, provided they are designed and constructed pursuant all engineering standards applicable to public roads of the same functional classification.

(6)

Private ownership of streets may be permitted with approval by the city commission, if the developer, in writing, assures the City that these private improvements shall be kept in a satisfactory state of repair and maintenance by the developer or by legally established homeowners association, which shall be clearly stated on the face of the final plat.

(7)

The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area.

(8)

Streets in proposed subdivisions shall be connected to rights-of-way in adjacent areas to allow for proper inter-neighborhood traffic flow. If adjacent lands are unplatted, stub-outs in the new development shall be provided for future connection to the adjacent unplatted land.

(9)

Residential streets shall be arranged to discourage through traffic, but not eliminate it.

(10)

Streets shall intersect as nearly as possible at right angles and in no case shall be less than 75 degrees.

(B)

Right-of-way requirements.

(1)

Widths: Right-of-way requirements for road construction are as follows:

(2)

Private road rights-of-way, when allowed within subdivisions, shall be the same width as public rights-of-way.

(3)

Where one-way private streets are utilized in Manufactured Home Parks or Seasonal Parks, the minimum right-of-way width shall be 25 feet.

(4)

Future right-of-way requirements are identified in the Traffic Circulation Element of the City of Mulberry Comprehensive Plan. Where roadway construction, improvement, or reconstruction is not required to serve the needs of the proposed development project, future rights-of-way shall nevertheless be reserved for future acquisition. No part of the reserved area shall be used to satisfy minimum requirements of these regulations. Building setback shall be based on future right-of-way line.

(5)

A proposed subdivision that encompasses an existing public street that does not conform to the minimum right-of-way requirements shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way required by this can be established. If the proposed subdivision abuts only on one side of said street, then a minimum of one half the required right-of-way, shall be dedicated or reserved by the subdivision.

(C)

Pavement widths. Pavement widths for each street classification shall be as provided in the following table:

If a street is to be considered a Complete Street, pavement widths may be adjusted to accommodate multimodal amenities such as bike lanes and on-street parking. The Polk TPO Complete Street Handbook can be used a guide for the implementation of candidate Complete Street projects were appropriate.

(D)

Cul-de-sac turnarounds.

(1)

Permanent dead-end streets extending more than two lots or more than 125 feet shall provide a cul-de-sac turnaround, the location and specification of which shall be established by the city engineer and the fire department.

(2)

An unobstructed 12-foot wide moving lane with a minimum outside turning radius of 38 feet shall be provided at the terminus of every permanent cul-de-sac.

(E)

Clear visibility triangle. In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear visibility formed by two intersecting streets or the intersection of a driveway and a street. The following standards shall be met:

(1)

Nothing shall be erected, placed, parked, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and 10 feet above the grade, measured at the centerline of the intersection.

(2)

The clear visibility triangle shall be formed by extending a line from the back of the curb or the edge of pavement of two intersecting roadways to a point of intersection, measuring a prescribed distance from the point in both directions and drawing the hypotenuse of the triangle (see the following drawing).

(3)

The distance from the intersection of the street center lines for the various road classifications (shown as "X" in the diagram) shall be as follows:

(4)

Where roads of different functional classifications intersect, the distance for each street shall be used. For example, when a principal arterial and an urban collector intersect, there shall be no obstructions 100 feet along the principal arterial and 60 feet along the urban collector, from the intersection of the two streets.

(F)

Signage and signalization. The developer shall deposit with the City sufficient funds to provide all necessary roadway signs and traffic signalization as may be required by the City, based upon City or state traffic standards. At least two street name signs shall be placed at each four-way street intersection, and one at each "T" intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs shall be consistent, of a style appropriate to the community, and of a uniform size and color.

(G)

Blocks.

(1)

Where a tract of land is bounded by streets forming a block, said block shall have sufficient width to provide for two tiers of lots of appropriate depths.

(2)

The lengths, widths, and shapes of blocks shall be consistent with adjacent areas.

(A)

When required.

(1)

Projects abutting principal or minor arterial facilities shall provide sidewalks adjacent to such roadways. Location of sidewalks shall be consistent with planned roadway improvements.

(2)

Sidewalks shall be provided on both sides of all residential streets where the average lot width at the street is 60 feet or less.

(3)

Sidewalks shall be provided on one side of all residential streets where the average lot width at the street is greater than 60 feet but less than 150 feet.

(4)

Where a proposed development includes improvements or new construction of collector or arterial facilities, facility designs shall include provision for sidewalks and bikeways within the right-or-way.

(5)

Residential projects adjacent to or in the immediate vicinity of commercial, office, service, or recreation activities shall provide pedestrian and bicycle access from the development to the activity center.

(6)

Pedestrian-ways or crosswalks, not less than 10 feet wide with a sidewalk meeting the requirements of this Section, may be required to be placed in the center of blocks more than 800 feet long where deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(B)

Design and construction standards. Design and construction of sidewalks, bikeways, or other footpaths shall conform to all applicable engineering requirements adopted by the City of Mulberry, including provisions for access by physically handicapped persons. Standards shall be consistent with those adopted by the American Association of State Highway and Transportation Officials (AASHTO) and the American with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG).

All proposed development shall meet the following standards for vehicular access and circulation:

(A)

Number of access points.

(1)

Every project shall have access to either a public County or State right-of-way (or both). Access to a state road is controlled and permitted by the Florida Department of Transportation in compliance with Chapter 14-97, F.A.C., State Highway System Access Management Classification System and Standards. The maximum number of points of access permitted onto any one (1) road shall be as follows:

(2)

In lieu of any two openings onto any one road, there may be permitted a single point of access up to 35 feet in width.

(3)

Adjacent uses may share a common driveway provided that appropriate access easements are granted between or among the property owners.

(4)

Schools and/or uses requiring emergency vehicle access may have one additional access provided that the additional access drive is limited to school bus or emergency vehicle use only.

(5)

The city engineer may approve additional access points, or limit access points where transportation circulation and safety conditions permit.

(B)

Separation of access points.

(1)

There shall be a minimum distance of 12 feet between any two openings onto the same street.

(2)

No point of access shall be allowed within 10 feet of the intersection of the right-of-way lines of any public road.

(3)

The distance between access points shall be measured from the centerline of the proposed driveway or roadway to the centerline of the nearest adjacent driveway or roadway.

(C)

Access to residential lots.

(1)

No residential lots having a width less than 125 feet shall abut a principal arterial without also directly abutting a local or minor arterial street.

(2)

No lot in a subdivision shall be approved with less than 20 feet of frontage on a public street right-of-way.

(D)

Paving. All driveways in all zoning districts must be paved with all-weather pavement of asphalt or concrete, and shall be so graded and drained as to provide for the adequate runoff and disposal of surface water, and shall be constructed in accordance with standards of the City.

All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in accordance with the following standards:

(A)

The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to driveway access to streets and intersections.

(B)

The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts between vehicular traffic and pedestrian areas such as sidewalks, crosswalks, or other pedestrian access ways.

(C)

A by-pass lane shall be provided.

(D)

Stacking lane distance shall be measured from the service window to the property line bordering the furthest street providing access to the facility, as measured along the centerline of the stacking lane.

(E)

Minimum stacking lane distance shall be as follows:

(1)

Financial institutions shall have a minimum distance of 200 feet. Two or more stacking lanes may be provided that together total 200 feet.

(2)

All other uses shall have a minimum distance of 120 feet.

(F)

Alleys or driveways in or abutting areas designed, approved, or developed for residential use shall not be used for circulation of traffic for drive-in facilities.

(G)

Where turns are required in the exit lane, the minimum distance from any drive-in station to the beginning point of the curve shall be 34 feet. The minimum inside turning radius shall be 25 feet.

(H)

Construction of stacking lanes shall conform to all engineering design standards adopted by the City of Mulberry.

This section shall apply to all new construction requiring off-street parking, and existing nonconforming parking facilities if on-site renovation, construction or repair exceeds 50 percent of the assessed value of the property.

(A)

Number of required spaces. In all districts, off-street parking shall be provided as set forth in the following table and as may be modified by the provisions following the table.

(C)

Off-street parking for the physically disabled. All development covered by F.S. § 316.1955—316.1956, shall provide parking for the physically disabled pursuant to the requirements of those sections. In addition, all residential developments with greater than 25 required parking spaces shall comply with the requirements of F.S. § 316.1956.

(D)

Required parking lot improvements. Any off-street parking lot serving any use other than dwellings of two units per building or less shall meet the following requirements for off-street parking lot improvements:

(1)

The parking area will be buffered and canopy provided pursuant to section 3.07.00.

(2)

For all retail sales and services, business services, and professional services serving the general public and having access to and abutting a paved street, the off-street parking area shall be provided with a hard surface of all-weather pavement of asphalt or concrete, and shall be so graded and drained as to provide for the adequate runoff and disposal of surface water, and shall be constructed in accordance with standards of the City.

(3)

All off-street parking areas shall be constructed of dust free surfaces, be well maintained; free of potholes, debris, weeds, broken curbs, and broken wheel stops; clearly striped; and with all area lighting in working condition. Off-street parking areas may utilize porous paver blocks over a compacted subbase, with the approval of the city engineer, in lieu of asphaltic or concrete paving.

(4)

Where lighting facilities are provided for the parking area, they shall be designed and installed so as to direct the light away from any contiguous residential property.

(Ord. No. 13.2018, § 1, 11-6-2018)

Off-street loading spaces shall be provided in accordance with the following standards:

(1)

Every hospital, institution, commercial or industrial building or similar use shall be provided with one loading space for each 20,000 square feet or more of floor area, and requiring the receipt or distribution by vehicles of materials or merchandise shall have at least one permanent off-street loading space for each 20,000 square feet of gross floor area, or fraction thereof, immediately adjacent to the principal building.

(2)

Retail operations, wholesale operations, and industrial operations, with a gross floor area of less than 20,000 square feet shall provide sufficient space for loading and unloading operations in order that the free movement of vehicles and pedestrians over a sidewalk, street or alley shall not be impaired.

(3)

Every off-street loading and unloading space shall have a direct access to a public street or alley, and shall have the following minimum dimensions:

a.

Length: 30 feet;

b.

Width: 12 feet;

c.

Height: 14 feet.

(4)

Manufactured (mobile) home and trailer sales establishments shall provide adequate space off the public right-of-way for the maneuvering of manufactured (mobile) homes and trailers into position on the property without blocking traffic on the abutting street or road.

(A)

Location. All required off-street parking spaces shall be located on the same parcel as the use which they serve.

(B)

Size.

(1)

Standard and compact parking spaces shall be sized according to Figure A below.

(2)

Parallel parking spaces shall be a minimum of eight feet wide and 22 feet long. If a parallel space abuts no more than one (1) other parallel space, and adequate access room is available, then the length may be reduced to 20 feet.

(3)

Tandem parking spaces must be a minimum of nine feet wide and 20 feet long.

(4)

A standard motorcycle parking space shall be four feet wide and nine feet long.

(5)

The standard off-street loading space shall be 10 feet wide, 25 feet long, provide vertical clearance of 15 feet, and provide adequate area for maneuvering, ingress and egress. The length of one or more of the loading spaces may be increased up to 55 feet if full-length tractor-trailers must be accommodated.

Figure A

A = Parking Angle
B = Stall Width
C = Stall Depth
D = Aisle Width
E = Curb Length Per Car
F = Lot Width

(6)

Up to 20 percent of the required parking spaces may be designated as compact spaces with minimum dimensions of eight feet by 16 feet. Compact spaces will only be allowed in projects requiring 20 or more parking spaces. The compact spaces shall be clustered in one or more groups of spaces and dispersed throughout the site so that drivers using either compact or full-sized spaces have equal access to the most convenient parking locations. Compact spaces shall be designated by signs on every third space, painted Compact on each pavement space and double striped to indicate their status. Spaces provided in excess of the required number of spaces may all be compact spaces provided that compact spaces shall never exceed 33 percent of the total number of spaces provided.

(C)

Layout.

(1)

Pedestrian circulation facilities, roadways, driveways, and off-street parking and loading areas shall be designed to be safe and convenient.

(2)

Each off-street parking space shall open directly onto an aisle or driveway that, except for single-family and two-family residences, is not a public street.

(3)

Aisles and driveways shall not be used for parking vehicles, except that the driveway of a single-family or two-family residence may be counted as meeting the parking space requirements for the dwelling unit, provided it is at least 20 feet in length.

(4)

The design shall be based on a definite and logical system of drive lanes to serve the parking and loading spaces.

(5)

Parking spaces for all uses, except single-family and two-family residences, shall be designed to permit entry and exit without moving any other motor vehicle.

(6)

No parking space shall be located so as to block access by emergency vehicles.

(D)

Exceptions.

(1)

Parking lot specifications shall be at a minimum six inches of shellrock base compacted to 95 percent density as per AASHTO T-180 with a one and one-half inch S-I asphalt surface course, except as listed below:

(a)

Six inches of 3,000 psi concrete over well compacted soil may be substituted for shellrock and asphalt.

(b)

For churches where parking needs are limited to one or two days per week, parking spaces may be grass. Aisles and circulation areas shall be paved. This exemption may be approved upon a finding by the city engineer that there would be no detrimental effect due to erosion or other degrading of the natural environment.

(2)

Parking lots that have grass parking spaces shall not use such areas in calculations to meet minimum requirements for buffers, landscaping, or retention. However, retention area requirements shall be calculated based on the assumption that all spaces are paved. An allowable alternative is reservation of an area to accommodate additional retention capacity in the event of paving.

(3)

Where grass parking spaces are allowed, all required handicap spaces shall be paved and meet the requirements of section 3.03.03(E) below.

(E)

Handicap access.

(1)

All uses shall be required to provide off street parking for handicapped persons in accordance with Florida Accessibility Code for Building Construction et. seq., or the following if more restrictive:

(a)

Level parking spaces shall be reserved for physically handicapped persons according to the following requirements:

(2)

Parking spaces reserved for physically handicapped persons shall meet the following design and location requirements as listed herein.

(a)

All spaces shall be accessible to curb ramp or curb cut, when necessary to allow access to building, structure, or use served, and shall be so located that users are not compelled to wheel behind parked vehicles.

(b)

Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide. All spaces shall have an adjacent access aisle 60 inches wide at a minimum. Parking access aisles shall be immediately accessible to the building or facility entrance.

(c)

Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to an alley entrance. Curbs adjacent to such premises shall be of a height that will not interfere with opening and closing of motor vehicle doors.

(d)

Each such parking space shall be prominently outlined with blue paint and posted with a nonmovable, above grade, fixed sign of a color and design approved by the FDOT bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY" on two separate signs, or bearing both such symbol and caption on one sign. Such signs shall not be obscured by a vehicle parked in the space.

(3)

Curb cuts and ramps must meet the following design and location requirements as listed herein.

(a)

Ramps or curb cuts from parking areas to the walkway level shall be provided and shall be spaced at intervals of no more than 100 feet and shall be located as close as practical to main entrances and exits.

(b)

The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12. Ramps 30 feet in length or longer shall have a maximum gradient of 1:20 or the ramps shall have a level platform at least 60 inches deep in the direction of the ramps at 30-foot intervals and at changes in direction over 15 degrees and shall be of a slope of no more than 1:12.

(c)

The minimum width of a curb ramp shall be 44 inches, exclusive of flared sides. Ramps shall have a slip-resistant surface.

(4)

In addition to the requirements of this section, all handicap spaces shall meet the requirements of the Florida Accessibility Code for Building Construction et. seq. Where a conflict exists between these regulations and the Accessibility Code, the Accessibility Code shall prevail. The following statement shall be placed on all final site plans and, where applicable, improvement plans: "I hereby certify that the details of the handicap accessibility plan shown hereon are to the best of my knowledge and belief in full and complete compliance with the Florida Accessibility Code for Building Construction et. Seq."

(A)

Number of spaces required. One bicycle parking space shall be provided for every 10 automobile parking spaces, or fraction thereof, required for the use, except as provided below:

Table 3.7 Bicycle Parking Spaces

(B)

Design standards.

(1)

The building and zoning department shall maintain a list of approved bicycle parking facilities.

(2)

Other bicycle parking devices may be used if it is established to the satisfaction of the department that the standards below are met.

(3)

The rack or other facility shall:

a.

Be designed to allow each bicycle to be supported by its frame.

b.

Be designed to allow the frame and wheels of each bicycle to be secured against theft.

c.

Be designed to avoid damage to the bicycles.

d.

Be anchored to resist removal and solidly constructed to resist damage by rust, corrosion, and vandalism.

e.

Accommodate a range of bicycle shapes and sizes and to facilitate easy locking without interfering with adjacent bicycles.

f.

Be located to prevent damage to bicycles by cars.

g.

Be consistent with the surroundings in color and design and be incorporated whenever possible into building or street furniture design.

h.

Be located in convenient, highly-visible, active, well-lighted areas.

i.

Be located so as not to interfere with pedestrian movements.

j.

Be located as near the principal entrance of the building as practicable.

k.

Provide safe access from the spaces to the right-of-way or bicycle lane.

The following basic utilities are required for all developments subject to the criteria listed herein:

(A)

Electricity. Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

(B)

Telephone. Every principal use and every lot within a subdivision shall have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

(C)

Water and sewer. Every principal use and every lot within a subdivision shall have central potable water and wastewater hookup whenever required by the Comprehensive Plan and where the topography permits the connection to a City or county water or sewer line by running a connecting line no more than 200 feet from the lot to such line.

(D)

Illumination. All streets, driveways, sidewalks, bikeways, parking lots and other common areas and facilities in developments shall provide illumination meeting design standards adopted by the City of Mulberry.

(E)

Fire hydrants. All developments served by a central water system shall include a system of fire hydrants consistent with design standards adopted by the City of Mulberry.

(A)

Compliance with technical construction standards. All utilities required by this chapter shall meet or exceed minimum design standards adopted by the City of Mulberry.

(B)

Placement of utilities underground.

(1)

All electric, telephone, cable television, and other communication lines (exclusive of transformers or enclosures containing electrical equipment, including but not limited to switches, meters, or capacitors which may be pad mounted), and gas distribution lines shall be placed underground within easements or dedicated public rights-of-way, installed in accordance with the City's adopted design standards.

(2)

Lots abutting existing easements or public rights-of-way where overhead electric, telephone, or cable television distribution supply lines and service connections have previously been installed may be supplied with such services from the utility's overhead facilities provided the service connection to the site or lot are placed underground.

(3)

Screening of any utility apparatus placed above ground shall be required.

When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

Treatment of stormwater runoff shall be required for all development, redevelopment and, when expansion occurs, existing developed areas. The stormwater treatment system or systems can be project specific, or serve sub-areas within the City. The design and performance of all stormwater management systems shall comply with applicable State Regulations (Chapter 17-25 and Chapter 17-302, F.A.C.) and the rules of the Southwest Florida Water Management District (SWFWMD) stated in Chapter 40D-4, F.A.C. Stormwater discharge facilities shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C. Steps to control erosion and sedimentation shall be taken for all development.

(A)

Performance standards. All development must be designed, constructed and maintained to meet the following performance standards:

(1)

While development activity is underway and after it is completed, the characteristics of stormwater runoff shall approximate the rate, volume, quality, and timing of stormwater runoff that occurred under the site's natural unimproved or existing state, except that the first one inch of stormwater runoff shall be treated in an off-line retention system or according to FDER's Best Management Practices.

(2)

The proposed development and development activity shall not violate water quality standards set forth in Chapter 17-3, F.A.C.

(3)

Maintenance activity that does not change or affect the quality, rate, volume or location of stormwater flows on the site or of stormwater runoff.

(4)

Action taken under emergency conditions to prevent imminent harm or danger, or to protect property from fire, violent storms, hurricanes or other hazards.

(5)

Agricultural activity, provided farming activities are conducted in accordance with the requirements set forth in an approved Soil Conservation Service Conservation Plan. If the conservation plan is not implemented accordingly, this exemption shall become void and a stormwater permit shall be required.

(B)

Residential performance standards. It is intended that all of the standards in the citations from the F.A.C. are to apply to all development and redevelopment and that exemptions based on project size thresholds and individual structures do not apply for concurrency determinations. All development must meet F.A.C. and subsequently meet the following performance standards.

(1)

New construction. For the purposes of determining whether residential development of 1-4 units on an individual lot requires retention, all the following standards must be met.

a.

Structure and all impervious surface can be placed less than 100 feet from the receiving water body; and,

b.

The topography of the lot is greater than a six percent slope; and

c.

The total of all impervious surface is ten percent or more of the total lot area.

(2)

Infill development. Infill development within an existing subdivision or a developed residential area is exempt from a retention area, when the following condition has been met. Infill residential development shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C.

To comply with the foregoing performance standards, the proposed stormwater management system shall conform to the following design standards:

(A)

Detention and retention systems shall be designed to comply with the FDER's Best Management Practices.

(B)

To the maximum extent practicable, natural systems shall be used to accommodate stormwater.

(C)

The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development and stormwater that flows onto or across the development from adjacent lands.

(D)

The proposed stormwater management system shall be designed to function properly for a minimum 20-year life.

(E)

The design and construction of the proposed stormwater management system shall be certified as meeting applicable requirements, by a professional engineer registered in the State of Florida.

(F)

No surface water may be channeled or directed into a sanitary sewer.

(G)

The proposed stormwater management system shall be compatible with the stormwater management facilities on surrounding properties or streets, taking into account the possibility that substandard systems may be improved in the future.

(H)

The banks of detention and retention areas shall be sloped at no less than a 3:1 ratio and shall be planted with appropriate vegetation.

(I)

Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing or otherwise altering natural surface waters shall be minimized.

(J)

Natural surface waters shall not be used as sediment traps during or after development.

(K)

Water reuse and conservation shall, to the maximum extent practicable, be achieved by incorporating the stormwater management system into irrigation systems serving the development.

(L)

Vegetated buffers of sufficient width to prevent erosion shall be retained or created along the shores, banks or edges of all natural or man-made surface waters.

(M)

In phased developments, the stormwater management system for each integrated stage of completion shall be capable of functioning independently.

(N)

All detention and retention basins, except natural water bodies used for this purpose, shall be accessible for maintenance from streets or public rights-of-way.

Special consideration shall be given in the layout of streets, lots, blocks, buildings, and easements to the preservation of resource and specimen individual trees. Special consideration shall also be given to preserving natural drainage methods and natural topography and landscape. Special consideration shall be given to providing special screening, buffers, or berms where developments abut incompatible land uses.

If a stormwater management system approved under this Code will function as an integral part of a City-maintained drainage system, as determined by the city engineer, the facilities shall be dedicated to the City. The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the stormwater management system from the time construction begins until the stormwater management system is dedicated to and accepted by another acceptable entity. All stormwater management systems that are not dedicated to Polk County, shall be operated and maintained by one of the following entities:

(A)

The City of Mulberry.

(B)

An active water control district created pursuant to F.S. ch. 298, or drainage district created by special act, or Community Development District created pursuant to F.S. ch. 190, or Special Assessment District created pursuant to F.S. ch. 170.

(C)

A State or Federal agency.

(D)

An officially franchised, licensed or approved communication, water, sewer, electrical or other public utility.

(E)

The property owner or developer if:

(1)

Written proof is submitted in the appropriate form by either letter or resolution, that a governmental entity or such other acceptable entity as set forth in paragraphs A-D above, will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future.

(2)

A bond or other assurance of continued financial capacity to operate and maintain the system is submitted.

(F)

For profit or non-profit corporations including homeowners associations, property owners associations, condominium owners associations or master associations if:

(1)

The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the City affirmatively taking responsibility for the operation and maintenance of the stormwater management facility.

(2)

The association has sufficient powers reflected in its organizational or operational documents to operate and maintain the stormwater management system as permitted by the City, establish rules and regulations, assess members, contract for services and exist perpetually, with the articles of incorporation providing that if the association is dissolved, the stormwater management system will be maintained by an acceptable entity as described above.

If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase or phases, the operation and maintenance entity shall have the ability to accept responsibility for the operation and maintenance of the stormwater management systems of future phases of the project.

In phased developments that have an integrated stormwater management system, but employ independent operation and maintenance entities for different phases, such entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities, should any entity fail to maintain a portion of the stormwater management system within the project.

All uses shall conform to the standards of performance described within this article and shall be constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. Within 100 feet of a residential district, all processes and storage, except for vehicle parking, shall be in completely closed buildings. Processes and storage located at a greater distance shall be effectively screened by a solid wall or fence at least six feet in height. Where other ordinances or regulations (whether federal, state, or local) that may be adopted hereinafter impose greater restrictions than those specified herein, compliance with such other ordinances and regulations is mandatory.

Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442. The equations of such bulletin shall be used to determine the values of enforcement.

Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringelmann Smoke Chart; provided, however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringelmann Chart may be emitted for a period or periods totaling four minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, shall be standard. All measurements shall be at the point of emission. Smoke emission must comply with applicable rules of the Florida Department of Environmental Protection (FDEP).

Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.

Every use shall be so operated as to prevent the emission into the air of dust or other solid matter that may cause damage to property and health of persons or animals at or beyond the lot line of the property on which the use is located. Emissions must comply with applicable rules of the FDEP.

Every use shall be so operated as to prevent the discharge into any stream or the ground of any waste that will be dangerous or discomforting to persons or animals or that will damage plants or crops beyond the lot line of the property on which the use is located. Industries shall comply with applicable rules of the FDEP.

The handling and discharge of all hazardous waste shall follow all applicable standards established by the county health department, state legislature and the U.S. Congress. Appropriate City officials shall review all procedures involving the handling and discharge of all hazardous waste to ensure that it does not create any safety or health problems.

Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. There is hereby established, as a guide in determining the quantities of offensive odors, table III, chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists Association, Inc., Washington, D.C.

Every use shall be so operated as to prevent the emission of glare of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

There shall be no emission of fumes, vapors, or gases of a noxious, toxic or corrosive nature that can cause any danger or irritation to health, animals, vegetation, or to any form of property.

Activities that shall produce any adverse effects on the temperature, motion or humidity of the atmosphere beyond the lot line shall not be permitted.

Each use shall be operated so as to minimize the danger from fire and explosion. The specific regulations to be met are set forth in the building code and the fire prevention code of the City.

There shall be no radiation emitted from radioactive materials or by-products exceeding a dangerous level of radioactive emissions at any point. Radiation limitations shall not exceed quantities established as safe by the U.S. Bureau of Standards.

(A)

No person shall operate or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes that does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, such operation in compliance with the Federal Communications Commission regulations shall be unlawful if such radiation causes an abnormal degradation in the performance of other electromagnetic receptors or radiators of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, conducted energy in power or telephone systems or harmonic content.

(B)

The determination of abnormal degradation in performance and of good quality and proper design shall be made in accordance with good engineering practices as defined in the principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Radio Manufacturer's Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply:

(1)

American Institute of Electrical Engineers;

(2)

Institute of Radio Engineers;

(3)

Radio Manufacturer's Association.

Recognizing the special nature of many of the operations that will be conducted because of the research and educational activities, it shall be unlawful for any person, firm, or corporation to operate or cause to be operated, to maintain or cause to be maintained any planned or intentional source of electromagnetic energy, the radiated power from that exceeds 1,000 watts.

The city commission finds that landscaping makes important contributions to the public safety and the general welfare of the City. The purpose and intent of this section is to set forth requirements and standards for the provision of canopy trees and buffer yards, the conservation of native plants and trees, and the conservation of water resources in the City. Specifically, it is intended that buffer yards will aid in reducing the potential negative impacts caused by glare, noise, dust, dirt, litter, odors and view of various land uses on adjacent properties. It is further intended that the planting of canopy trees will aid in lowering the ambient temperature of the air through increased shading; in conserving water; in enhancing the appearance of properties; in improving property values; and generally in protecting the health, safety and welfare of the public through the improvement of the quality of the human environment. As part of the development approval process, the City of Mulberry shall ensure that all new development is properly buffered to prevent adverse impacts on surrounding land uses.

A.

Applicability. Except as specifically excluded in the exemptions below, the requirements and regulations of this Section shall apply to the following:

1.

The construction of any new building or improvements that require off-street parking and other impervious surfaces to be constructed on the site;

2.

The alteration of existing structures or improvements where the alteration adds usable floor area that requires additional off-street parking and other impervious surfaces to be constructed on the site;

3.

The construction or expansion of off-street parking and loading areas;

4.

The paving of any existing unpaved off-street parking and/or loading areas; and

5.

Any change of use which results in the property becoming a higher impact/higher intensity use.

B.

Exemptions. The development, redevelopment, reconfiguration, expansion or change of use of any site requiring review by the City must comply with all elements of this section, unless any of the following exemptions apply:

1.

Enlargement or repair of a single family or duplex residence unless specifically stated otherwise.

2.

New single family and duplex development on individual residential lots are exempt from all provisions of this section, except the requirement of two large or medium sized trees per residential lot, or one tree per attached unit.

3.

Bona fide agriculture.

4.

Buildings and structures are not counted as impervious surface for the purpose of calculating the areas that must be shaded with canopy trees.

5.

Swimming pools and the area specifically designed to be the deck or pool apron abutting the pool are exempt from canopy requirements.

6.

Docks, piers, seawalls, boardwalks and other improvements designed to serve pedestrians near the water or in the use of boats are exempt from canopy requirements. Paved areas abutting a seawall, dock or pier are exempt to a maximum width of ten feet.

7.

Paved surfaces within the supporting cables of a radio, television or microwave tower or a cable television satellite receiver, are exempt from canopy requirements.

8.

Land developed in the Central Business District or other properties where existing buildings have reduced or no setbacks from property lines, which are physically unable to comply with buffer yard and/or canopy requirements.

Prior to issuance of a development permit, a landscape plan shall be submitted to the city manager, or his or her designee, showing canopy tree and buffer yard information required by this section. The landscape plan shall be prepared consistent with the requirements provided in article 7 of this Code. The landscape plan may be submitted separately, but shall be a part of a site development plan submission, where site development plan submission is required.

When landscaping is required under this section, no building, grading or site preparation shall be allowed until the landscape plan has been approved by the city manager, or his or her designee. The plan shall be dated and stamped approved by the City and only these plans and the requirements of this section shall govern the construction of the site landscaping and subsequent maintenance inspections. A permit shall be obtained for the project within 12 months of the approval date of the approved landscape plan or the plan shall become invalid, unless granted an extension.

Landscaping shall include the conservation of native plants and trees; the selection and planting of trees to shade vehicular use areas, sidewalks and other paved surfaces; and the design, selection of trees and shrubbery, and the planting of landscape materials to establish buffer yards.

All plants identified in this section are "Florida Friendly" plants for Polk County, and are well suited to the environment in the City. A Florida Friendly Landscape is designed to reduce impacts to the environment through the selection of the right plant for the right location, thereby reducing the need for greater landscape maintenance and irrigation.

All new living plant material to be installed shall be nursery grown and root pruned stock, free of insects, disease and defects, and shall satisfy the requirements of this section and be Florida Grade No. 1 or better as defined in the most current edition of Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, Florida Division of Plant Industry. All plants installed on the site shall be in accordance with the plans stamped approved by the City.

Existing trees and shrubs shall be preserved whenever possible provided the plants are all healthy species and are not listed as an exotic and/or nuisance plant in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council. In these instances the plant material shall be acceptable to the City and may be maintained in its natural setting and incorporated into the required landscaping areas to fulfill the intent of this Article. Landscape plans shall identify those existing plant materials credited toward the City landscape requirements.

Areas of existing vegetation to remain on site and as noted on landscape plans shall not be encroached upon or damaged during construction by any or all activities above or below ground. Visible barricades shall be placed around these areas and shall be kept clear of all construction materials, traffic and debris. Areas that have been damaged or removed shall be replanted and refurbished to restore the area as much as possible to its original condition.

The following methods and procedures shall be followed when preserving trees:

1.

The use of hand labor may be necessary to clear vegetation within the drip line of those trees to be preserved.

2.

The area within the drip line of any tree to be preserved shall remain undisturbed; no materials, machinery, and soil shall be placed within the drip line.

3.

Materials, wires, signs or nails shall not be attached to any tree unless such materials are used to preserve the tree.

4.

All felled material shall be promptly and carefully removed from the site in order to avoid potential damage to remaining trees and vegetation.

5.

Visible barricades shall be erected around those trees to be preserved. These barricades shall be at the drip line of the tree(s) and no closer than ten feet to the trunk of the tree.

6.

All efforts shall be made through the grading and drainage plan to maintain the natural drainage to those trees to be preserved.

The use of exotic and nuisance plants is prohibited and shall not be accepted as part of an approved landscape plan. For purposes of this section, exotic and nuisance plants shall be those provided in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council.

(Source: University of Florida "Planting Area Guidelines," 2011; planting area and distance from pavement; based on minimum 3' soil depth).

All newly planted trees shall be staked and guyed immediately after installation and shall remain supported until the root systems have established themselves to adequately support the tree.

Shrubs shall be a minimum of one foot tall at the time of planting, except where they are to act as required screening for residential uses and districts, in which case they shall be a minimum of three feet in height at the time of planting and maintained at a minimum height of five feet at maturity. One foot high shrubs shall be spaced no greater than 30 inches on center and three foot high shrubs shall be spaced no greater than 36 inches on center. The City may authorize alternate spacing for species which have especially broad coverage.

Ground covers shall be spaced no greater than 18 inches on center and may be planted in lieu of lawn grass. A list of recommended ground cover species is provided in Table 3.07.09.E of this section.

Grass may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion (generally slopes steeper than 10:1). Grassed areas that are installed by methods other than sod shall attain a full grassed coverage within three months of the date of installation. A list of lawn grass species and their characteristics, including drought tolerance level, soil type, light requirements, wear tolerance and plant maintenance, are provided in Table 3.07.09.F. The selection of lawn grasses shall be based upon the species and characteristics which are most appropriate for the site.

Planting beds shall be mulched with standard accepted mulch materials to 1) prevent the invasion of other plant species; 2) to absorb moisture for the benefit of the plants; and 3) to present a neat and orderly appearance of the landscaped area. The mulched bed shall have a uniform coverage and a minimum depth of two inches. Mulched areas around trees should be at least eight feet in diameter. The use of cypress mulch is discouraged.

The planting bed for all landscaping materials shall be free of weeds, debris, and nuisance/invasive materials and shall consist of a healthy plant growth medium. The planting bed soil shall provide adequate support, drainage, and nutrients for the plants.

Residential subdivisions and commercial and industrial developments may have decorative entrance and screening walls. Landscaping (a combination of trees and shrubbery) shall be installed within the property setback/buffer yard area. If there are no specific buffer yard requirements for the development, one tree shall be planted for each 50 linear feet of wall. Buffer yard trees and shrubs required by this Section shall be planted on the street side of the wall.

Trees for new residential development shall be provided at a rate of two large or medium sized trees per residential lot or one tree per attached unit. Existing trees may be used to satisfy this requirement on individual development parcels provided they are not specifically listed as an invasive species in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council.

A.

Structures. Accessory uses, buildings, and dumpster pads shall not encroach upon or conflict with required landscaped areas.

B.

Parking stalls. No more than two feet of vehicular overhang shall be allowed into a landscape area and no trees and shrubs shall be planted within the area of encroachment.

Trees providing canopy coverage shall be required for the purpose of shading vehicular use areas, sidewalks and other paved surfaces associated with all development in the City, thereby lowering the ambient temperature of the air through increased shading; conserving water; enhancing the appearance of properties; improving property values; and protecting the general health, safety and welfare of the public through the improvement of the quality of the human environment. Buildings and structures shall not be counted as impervious surface for the purpose of calculating the areas that must be shaded with canopy trees.

A.

Canopy trees shall be selected from Table 3.07.09.A.

B.

Canopy coverage trees shall be interspersed throughout all vehicular use areas rather than restricted in any way to only a portion of the site. This allows for flexibility and creative design opportunities.

C.

Trees located in buffer yards may receive partial credit in meeting vehicular use areas interior landscaping canopy requirements.

D.

Planting areas under trees shall be planted with shrubs and/or ground covers which are compatible with site conditions.

The standard for canopy is 35 percent coverage over all vehicular use areas associated with all land uses subject to these requirements.

A buffer yard is an area containing plant material, fences, walls and/or berms which provide a visual screen and physical separation between incompatible land uses. The purpose of this section is to establish minimum buffer yard widths and landscaping requirements, in order to ensure compatibility between adjacent properties and land uses. The minimum required width of the buffer yard is therefore based on the potential degree of incompatibility between two abutting land uses.

The City provides four different category types of buffer yards, identified as types A, B, C and D. Table 3.07.06.A, establishes the type of buffer yard required between proposed and existing land uses. When property adjacent to a proposed development is vacant, the need for a buffer yard is determined by the principal use permitted by the zoning classification of the vacant site as provided in Table 3.07.06.B.

In addition to the standards set forth in this section regarding landscape requirements between proposed and abutting land uses and vacant property, provisions shall also be made to buffer land uses from adjacent public streets or rights-of-way as follows:

A.

Arterial roadways. Land uses, excluding agriculture, located along arterial roadways are required to provide a landscape strip at least ten feet wide with a minimum of five trees for each 100 linear feet of right-of-way frontage, or fraction thereof. In addition, seven shrubs per tree shall be planted within the landscape strip.

B.

Collector roadways. Land uses, excluding agriculture, located along collector roadways are required to provide a landscape strip at least ten feet wide with a minimum of one tree and seven shrubs for each 50 linear feet of right-of-way frontage, or fraction thereof.

C.

Railroad rights-of-way. Commercial and industrial land uses located along railroad rights-of-way shall not be required to provide buffering between the use and the right-of-way. New residential developments, excluding individual single-family home sites, individual duplex units and individual infill lot development shall meet the requirements of a "D" buffer yard as specified under section 3.07.06.04 of this section.

D.

Residential street. New residential developments, excluding individual single-family home sites, individual duplex units and individual infill lot development, located along a residential street, shall provide a landscape strip at least five feet wide with at least one tree per lot. Any trees within this buffer yard may count towards the two tree requirement per section 3.07.04.11 of this section.

E.

Setbacks for vision clearance. Buffer yards shall comply with section 3.02.03(D), Clear Visibility Triangle.

Buffer yards for free standing or satellite parking lots shall meet the following requirements:

A.

Residential zoning districts: Standing or satellite parking lots located in residential zoning districts, which serve adjacent zoned businesses, shall meet the following requirements.

1.

Site plan approval by the city commission is required;

2.

Where the parking lot is contiguous to side lot lines of residentially zoned property, a side yard at least ten feet (10') in width shall be provided;

3.

The parking area shall be provided with a continuous, unpierced masonry wall six feet in height adjacent to all required yards. All such walls shall be smoothly finished and shall not be used for any sign;

4.

All yard spaces between the required wall and lot lines shall be landscaped with at least one hedgerow of hardy shrubs, not less than five feet in height, placed next to the walls, and the remainder of the yard spaces shall be lawn. All such landscaping shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse or debris;

5.

Where the parking lot is separated from residentially zoned property by a street, a buffer yard at least ten feet in width shall be provided along the street frontage;

6.

Where the parking is located upon a street upon which residentially zoned properties front and abut in the same block, a front yard shall be provided at least 25 feet in depth. Where one or both of the lots contiguous to and on each side of the parking lot are developed with residential structures having front yards greater than 25 feet in depth, the front yard on the parking lot shall be not less in depth than the deeper of these existing front yards.

B.

All other zoning districts: With the exception of letter A above, standing or satellite parking lots located in all other zoning districts shall be designed in accordance with the following requirements.

1.

The parking area shall be provided with a buffer yard at least ten feet in width along all property lines and streets on which the off-street parking area is located.

2.

See section 3.07.06.01, Buffer Yards along Rights-Of-Way, for landscape buffer requirements adjacent to public rights-of-way.

3.

Relief of the buffer yard requirements may be granted by the city commission along property lines where adjoining businesses wish to share a common lot. Where this is the case, site plan approval by the city commission is required.

C.

Site plan review: The city commission may consider specific site plan requests under this section. The commission may accept or reject the original request, or it may impose conditions or safeguards on the request which is finds necessary to uphold the public purpose and the intent of the City Code. Approval shall be in the form of a resolution.

Table 3.07.06.A.
Buffer Yard Requirements between Proposed and Abutting Land Uses

N = No Buffer Yard Required.

A through D = Type of Buffer Yard Required (See section 3.07.06.04 for Illustrated Examples of Buffer Yard Designs).

Table 3.07.06.B.
Buffer Yard Requirements between Proposed Land Use and Vacant Property

N = No Buffer Yard Required.

A through D = Type of Buffer Yard Required (See section 3.07.06.04 for Illustrated Examples of Buffer Yard Designs).

Upon determining the type of buffer yard required for a property (type A, B, C, or D), the yard width and number of plantings shall be calculated. Three options are offered within each buffer yard type, allowing a buffer yard which best fits the constraints and features of the site. Any of the options within a particular buffer yard type will fulfill the buffer yard requirement. For example, if a Buffer Yard A is required, there are three options to choose from; a ten foot wide buffer, a 15 foot wide buffer or a 20 foot wide buffer. The number of trees and shrubs to be planted within the buffer yard area is dependent upon the buffer yard width chosen; a wider buffer yard requires less plant material.

The diagrams specify the number of each type of plant required per 100 linear feet, excluding any driveway access. The plant material does not need to be equally spaced and may be placed in any configuration, or grouped to best display the plant material within the required buffer yard area. When natural plant material is present, it may be counted towards the total buffer yard requirement for trees and shrubs provided the existing material is generally consistent with the intent of this Article.

Utility easements in a buffer yard do not prohibit the planting of shrubs in the area of the easement of an underground utility, but no tree shall be planted within 12 feet of a buried utility. Tree planting restrictions in relation to overhead power lines are identified in Tables 3.07.09.A, and 3.07.09.B, of this section. Large and medium sized trees should not be planted closer than 15 feet to any light pole.

All plants shall be "Florida Grade No. 1" or better, shall be healthy and free of diseases and pests, and shall be of nursery stock in two gallon containers.

A.

Installation.

1.

The developer shall provide an appropriate planting soil medium for required plants and shall irrigate plant materials to sustain healthy growth of all plants to maturity.

2.

Areas on any development site not used for buildings, including single family and duplex development on individual lots, paved surfaces, or other landscape improvements shall be sodded or seeded prior to the issuance of a certificate of occupancy/completion.

3.

Areas within public rights-of-way, and areas off-site which have been disturbed by construction activity, shall be cleaned of all debris, re-graded to the proper elevations, and sodded so as to restore the area to a stabilized and planted state.

B.

Irrigation.

1.

No irrigation system shall be required where existing natural plant communities are maintained.

2.

All new landscaped areas shall be provided with an appropriate irrigation system, consistent with the needs of the plants contained therein and water conservation efficient.

3.

An irrigation system shall be designed to provide full coverage of all landscape areas without over spraying onto impervious surfaces including pavement, vehicular or pedestrian areas and/or adjacent properties.

4.

The irrigation system shall be operational prior to the issuance of any certificate of occupancy/completion for the property.

C.

Inspection and certificate of occupancy/completion. The city manager, or building director, shall inspect the landscaping installation to ensure that it is in conformance with the requirements set forth in this section and with the approved landscape plan.

D.

Maintenance. Landscape areas shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.

A.

All plant material which dies shall be replaced with plant material of required variety and size within 30 days from the date of official notification.

B.

Consistent with letter A above, if a restoration plan is presented and differs from the original approved plan, three copies of such restoration plan shall be submitted and approved by the city manager, or his or her designee. The city manager, or his or her designee, shall re-inspect the property for compliance after the restoration is complete.

C.

Each failure to comply with any of the provisions of this article shall constitute an individual violation. Failure to maintain viable landscaping consistent with the approved landscape plan shall constitute a violation subject to penalties and shall be subject to code enforcement action by the City.

Plants species identified in this section include "Florida Friendly" native and non-native plants. Any new plant material, which will serve to meet the City's minimum landscape requirements, shall be selected from the following plant species tables.

In calculating canopy requirements, each existing tree to be preserved, and each new tree to be planted shall be credited with its mature canopy, as provided in this section. If an on-site preserved tree is not listed as an invasive plant in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council, and its actual canopy exceeds the canopy area identified in this article, the greater canopy area may be used in calculating canopy coverage.

Table 3.07.09.A
Large Trees

Table 3.07.09.A
Large Trees

Table 3.07.09.B
Medium and Small Trees

Table 3.07.09.C
Large Shrubs

Table 3.07.09.C
Large Shrubs

Table 3.07.09.D.
Small Shrubs

Table 3.07.09.E
Ground Covers

Table 3.07.09. F.
Lawn Grass Species

Source: "Selecting a Turf Grass for Florida Lawns," University of Florida IFAS Extension (ENHO4, 2007).

The purpose of this section is to create an approval process for special exception uses, those that are permitted only through special application and public review. Its intent is to ensure that such uses, if approved, are compatible with surrounding properties, and are developed in suitable locations with those design features that are necessary to safeguard the public health, safety, and welfare.

Special exceptions shall be granted in accordance with the provisions of section 7.06.00. Special standards and requirements presented in this section are conditions for approval of the special exception and shall be binding on all development authorized under the special exception.

The following standards apply to uses listed as special exceptions in section 2.04.01, Table A, and approved under the provisions of section 7.06.00. Where standards provided herein exceed and/or create greater restrictions than those of the underlying zoning district, this section shall supersede any other provision of this Code. Where no standard is established in this section, that of the relevant zoning district shall apply.

Single family detached dwelling units include manufactured (mobile) home parks, RV parks, single family standard construction homes, single family manufactured home and single family manufactured (mobile) home. The definitions of these terms can be found in article 9. The districts in which any one of these uses is allowed can be found in Table 2.04.01(A), Table of Land Uses, in article 2.

The purpose of this section is to establish locations suitable for manufactured (mobile) home development on undivided property, along with open space and other amenities for the common use of residents; 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 park setting.

Manufactured (mobile) home parks may be permitted in MH and P-I districts with a site development plan. However, the development standards set forth in this Section shall supersede normal development standards applicable in residential districts.

(A)

Tract requirements. The tract requirements are listed in the Table of Development Standards, Table 3.08.01.01(A), with additional requirements as follows:

(1)

Minimum yard requirements:

a.

No manufactured (mobile) home or structure shall be placed less than 50 feet from the front property line or 30 feet from other property lines. Where the development site adjoins property with a commercial or industrial zoning designation, the required side and rear setback shall be 15 feet.

b.

Manufactured (mobile) homes and structures shall be placed at least 20 feet from the pavement edge of private park roads.

c.

Each manufactured (mobile) home shall be setback 7.5 feet from the property line. There shall be a minimum of 15 feet between manufactured (mobile) homes and between all other structures. In making an addition to a manufactured (mobile) home, a carport or other appurtenant structure, the minimum standard of 15 feet between structures must be met.

* = Maximum density determined by Future Land Use category. Note: 15 feet must be between manufactured (mobile) home units, i.e., 7.5 foot side setback on each side.

(2)

Manufactured (mobile) home park abutting residential areas. Where any property line of a manufactured (mobile) home park abuts land either zoned for residential use or occupied by a residential use permitted by this Code, there shall be provided and maintained along, or within 10 feet of, said property line, a solid face masonry wall, with a finish of stucco or other texture, no less than six feet in height, which shall be in addition to the buffer yard required by section 3.07.00.

(3)

Manufactured (mobile) home park abutting an agricultural use area. Where a manufactured (mobile) home park abuts an Agricultural use, the park setbacks shall be fifty feet (50') for the front, sides and rear.

(B)

Allowable accessory uses:

(1)

Clubhouse, laundry, convenience store (no gasoline sales), hurricane/storm shelter, swimming pool, and other shared facilities for the common use of the residents of a development.

(2)

No more than one single family home, at lease 600 s.f. in size, for the use of a resident manager.

(3)

Carports, porches and awnings which are physically attached to manufactured (mobile) homes. Such structures shall not exceed a cumulative total of 300 s.f. Freestanding cabanas, storage sheds, and other detached structures for private use are prohibited.

(4)

Storage area for boats, RVs, and other types of vehicles which exceed 30 feet in length. Storage area is for the use of park residents only, and shall be fenced and landscaped. Storage of these units shall be prohibited on individual manufactured (mobile) home sites or on park roads.

(C)

Other requirements:

(1)

Ownership. Manufactured (mobile) home parks may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, shall be privately owned or owned in common by residents of the park, and shall not occupy parcels of land which are deeded separately from the rest of the park. The City of Mulberry shall not be responsible for maintenance and/or repair of common facilities within a manufactured (mobile) home park.

(2)

Parking. For each manufactured (mobile) home site, two paved off-street parking spaces shall be provided. Each space must be a minimum of 10 feet by 20 feet.

(3)

Common open space. An area comprising 20 percent of the development site or 5 acres, whichever is less, shall be set aside as common open space as defined in article 9.

(4)

Hurricane shelter. Each manufactured (mobile) home park must provide one or more buildings to house guests in a permanent building in the event of a hurricane, at a rate of 20 square feet of habitable floor space per person. Alternative cooking fuel sources; electrical generation for emergency lighting; sanitary sewer facilities; and, an alternate form of fresh water (i.e. water stored in drums or a well serving the shelter separate from the well system in place for the park) shall be provided and maintained. Each building must be built to conform with the Standard Building Code for hurricane shelters.

To calculate the number of persons per park that would require shelter, each manufactured (mobile) home unit will be counted at a minimum of two persons per home. Shelter space would have to be provided for 100 percent of the total park population.

Service buildings may be used as hurricane shelters as long as the buildings are built to minimum Standard Building Code regulations for hurricane shelters.

(5)

Nonconformities. No new manufactured (mobile) homes may be added to an existing manufactured (mobile) home park which does not comply with applicable requirements of this Code. However, previously installed units may be moved and additional property and common facilities may be incorporated into the site, if such activities will eliminate nonconforming conditions or reduce the degree of nonconformity. See section 7.06.00.

(6)

Site development plan. No manufactured (mobile) homes, structures or facilities shall be installed or constructed until a site development plan meeting the requirements of section 7.04.00 of this Code has been submitted to and approved by the city manager, or his/her designee. All improvements, regardless of timing or project phasing, shall be substantially consistent with the approved site development plan.

Where an existing manufactured (mobile) home park has no site development plan, such a plan shall be prepared and submitted to the city manager, or his/her designee, prior to the addition, improvement, rearrangement or replacement of park facilities or manufactured (mobile) homes.

It is the purpose of these standards to provide minimum development guidelines for a RV park and a RV campground designed only to accommodate the RV. For the purposes of this ordinance, an RV park is defined as a development in which RVs, and/or "park model" manufactured (mobile) homes or manufactured (mobile) homes are permanently sited and occupied year round. A RV campground, on the other hand, is a development for overnight or limited vacation-season type. These provisions are intended to protect established or permitted uses in the vicinity of such a park or campground, and to protect and promote the orderly growth and development of the City.

(A)

General requirements. RV parks shall be permitted with special exception approval in MH district. RV campgrounds will be permitted with special exception approval in OR district. The development standards of this section shall apply to both RV parks and campgrounds.

RV campgrounds meeting the required design and compatibility standards shall accommodate the traveling public for a defined maximum time period associated with the specialized seasonal vacation and transient characteristics of such development, in contrast to the more permanent and extended stay characteristics of a RV park and a manufactured (mobile) home park.

(B)

Environmental requirements.

(1)

General. Condition of soil, groundwater level, drainage, and topography shall not create hazards to the property or to the health and safety of the occupants.

(2)

Soil and ground cover requirements. Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be paved, or covered with stone screening, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(3)

Drainage requirements. Surface drainage plans for the entire tract shall be reviewed by appropriate City staff, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan of the City or Polk County, prior to issuance of building permits. No permit shall be issued in such instance where the building director finds the plan to be incompatible with surrounding areas.

LDR* = Low Density Residential Land Use Classification

MDR* = Medium Density Residential Land Use Classification

(C)

Tract requirements. The tract requirements are listed in the Table of Development Standards, Table 3.08.01.02(A) above, with additional requirements as follows:

(1)

The tract shall have at least 75 feet of frontage on a Principal Arterial roadway, as designated on the Future Traffic Circulation Map of the City of Mulberry Comprehensive Plan.

(2)

The minimum width of the tract shall be 150 feet at the front building setback line.

(3)

Where a public right-of-way abuts a side or rear property line, the minimum setback shall be 25 feet.

(4)

Where any property line of a RV park or campground abuts land either zoned for residential use or occupied by a residential use permitted by this Code, there shall be provided and maintained along, or within ten feet of, said property line a solid face masonry wall, with a finish of stucco or other texture, no less than six feet in height, which shall be in addition to the buffer yard required by section 3.07.00.

(D)

Vehicle site requirements. The individual site requirements are listed in the Table of Development Standards, Table 3.08.01.02(A) above, with additional requirements as follows:

(1)

For the purpose of determining vehicle site width and depth, the width of a vehicle site shall be measured at right angles to and between the designated side boundary lines. The depth of a vehicle shall be measured at right angles to and between the designated front and rear boundary lines.

(2)

The minimum distance between RVs shall be 10 feet. The minimum distance between an RV and any structure shall be 20 feet. The minimum allowable distance between RVs shall, for the purpose of this section, be measured from and between the outermost structural parts or attached accessory features. The minimum distance between an RV and the edge of the park road shall be 15 feet.

(3)

Each vehicle site shall be clearly defined by a permanent marker, constructed of a durable material such as masonry or metal, placed at all corners.

(4)

The addition or attachment of any permanent structures, such as awnings, porches, carports, or individual storage facilities, not specifically designed and included as a standard part of the original RV, shall be expressly prohibited in an RV Campground. Such additions to park model RVs may be permitted in an RV Park, so long as they meet all required setbacks and all other requirements of this Code.

(E)

Recreation and open space requirements. There shall be provided within a RV park or campground at least one area designed for recreational and open space use that is easily accessible from all vehicle sites. The size of such recreation area shall not be less than 10 percent of the entire tract area, or 15,000 s.f., whichever is greater.

(F)

Street system and off-street parking requirements.

(1)

General. All parking areas shall be provided with safe and convenient vehicular access from abutting public streets and roads to each vehicle site. Alignment and gradient shall be properly adapted to topography. Surfacing and maintenance shall provide a smooth, hard and dense surface which shall be well drained.

(2)

Access. Access to a RV park or campground from a public street or road shall be designed to minimize congestion and hazards at the entrance and on adjacent streets. All traffic into or out of the parking areas shall be through such entrances and exits.

a.

The entrance to each RV park or campground shall be a driveway at least 40 feet wide with a turn radius of 100 feet or more from the public roadway, for maneuvering of vehicles.

b.

Each RV park or campground site check-in location shall be setback 200 feet from any public right-of-way to accommodate the stacking of vehicles awaiting check-in.

(3)

Internal streets. All internal streets are to be paved with an asphalt or concrete surface. Road surfacing shall meet the following minimum width requirements:

a.

One-way travel: 12 feet.

b.

Two-way travel: 24 feet.

(4)

Off-street parking and maneuvering space.

a.

For each RV site, one paved, off-street parking space of 10' x 20' shall be provided.

b.

Each RV park or campground shall be designed so that parking, loading or maneuvering of vehicles incidental to parking spaces shall not require the use of any public street, sidewalk, or right-of-way, or any private grounds, which is not part of the RV park or campground parking area.

c.

Sufficient maneuvering space and off-street parking facilities shall be provided at each site to accommodate a towing vehicle.

(G)

Service requirements.

(1)

Utilities.

a.

Water supply system. Connection to a potable public supply of water is required. Provision of water supply, water storage and water distribution shall be made in accordance with requirements and standards established by this Code and the State of Florida.

b.

Watering stations. Each RV park or campground shall be provided with one or more easily accessible water supply outlets for filling RV water storage tanks in accordance with design and construction requirements established by the State of Florida.

c.

Sewage disposal system. The RV park sewerage system shall be connected to the City's public sewage system. The distribution system shall be designed, constructed and maintained in accordance with requirements of this Code and by the State of Florida.

d.

Sanitary connections. Each RV park or campground shall be provided with individual connections to each vehicle site in the RV park or campground connected to an on-site sewage disposal system or available public system.

e.

Electrical and gas systems. Each RV park or campground shall be provided with an electrical or gas system, which shall be installed and maintained in accordance with applicable codes and regulations.

(H)

Refuse handling.

(1)

General. The storage, collection and disposal of refuse (garbage, ashes, and rubbish) in a RV park or campground shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazard or air pollution in accordance with requirements established by the State of Florida.

(2)

Location. All refuse shall be stored in watertight, fly-proof, rodent-proof containers, which shall be located within 150 feet of any vehicle.

(3)

Collection. All refuse containing garbage shall be collected at least twice weekly.

(I)

Service buildings and facilities.

(1)

General. The requirements of this section shall apply to service buildings, recreation buildings and other service facilities, such as:

a.

Management offices, repair shops and storage areas.

b.

Sanitary facilities.

c.

Laundry facilities.

d.

Indoor recreation areas.

(2)

Service buildings for dependent vehicles. A central service building containing the necessary toilet and other plumbing fixtures specified by the State of Florida shall be provided in a RV park or campground, which provides vehicle sites for dependent vehicles. Service buildings shall be conveniently located within a radius of approximately 300 feet of the sites to be served. This building may also be designated a hurricane shelter if it is built to the standards for hurricane shelters in the Standard Building Code.

(3)

Hurricane shelter. Each RV park or RV park/campground must provide one or more buildings to house guests in a permanent building in the event of a hurricane, at a rate of 20 square feet of habitable floor space per person. Alternative cooking fuel sources; electrical generation for emergency lighting; sanitary sewer facilities; and, an alternate source of water separate from the park source (e.g. water in drums or a separate well) shall be provided and maintained. Each building must be built to conform with the Standard Building Code for hurricane shelters.

To calculate the number of persons per park that would require shelter, each RV space will be counted at a minimum of two persons per space. Shelter space would have to be provided for 80 percent of total park spaces during peak season.

RV campgrounds do not have to provide hurricane shelters. All campers are to evacuate in the event of a natural disaster such as a hurricane. RV parks that are combined with campgrounds must provide hurricane shelters for those persons who are living, either permanently or seasonally, in an RV unit which is not portable and cannot be driven out of the area on short notice.

Service buildings may be used as hurricane shelters as long as the buildings are built to minimum Standard Building Code regulations for hurricane shelters.

(4)

Service facilities in connection with other businesses. When a RV park or campground requiring a service building is operated in connection with a resort or other business establishment, the number of sanitary facilities for such business establishment shall be in addition to those required by the public health standards for vehicle sites and shall be based upon the total number of persons using or expected to use such facilities.

(5)

Pedestrian access to service buildings and facilities. Appropriately drained, clear walkways having a width of not less than five feet shall be provided from the vehicle sites to all service buildings and facilities, refuse collection areas, and recreation areas.

(6)

Outdoor cooking and incinerator facilities. All outdoor cooking and incinerator facilities shall be so located, constructed, maintained and used as to minimize fire hazard and smoke nuisance both on the property on which they are used and on neighboring property. Plans, construction, and operation of incinerators shall be carried out in accordance with requirements of the State of Florida.

(J)

General operating requirements.

(1)

General. The person to whom appropriate permits and licenses are issued shall operate the RV park at all times in compliance with applicable state and local laws pertaining to the management and operations of a facility.

(2)

Duration of stay. Vehicle sites shall be rented by the day or week only, and the occupant of a vehicle site shall remain at that site and within the RV park for a limited period of time consistent with the special seasonal, vacation and transient requirements of the RV user, but in no case exceeding 120 calendar days within any 360 day period, whether accumulated consecutively or intermittently.

(K)

Permit procedures and requirements.

(1)

Site development plan. Any applicant for the required permits to establish, construct, alter or extend a RV park or campground in Mulberry shall first request and receive approval of a site development plan in accordance with the provisions of article 2 and section 7.04.00 of this Code.

(2)

Health and sanitation permit. After receipt of required land use approvals, applicant shall then apply for and receive a health and sanitation permit for the proposed RV park or campground from the Polk County Health Department and the State of Florida in accordance with the requirements of appropriate agencies.

(3)

Building permit. Upon completion of (A) and (B) above, application shall be made to the building director for the building permit to construct, alter, or extend a RV park or campground in accordance with the provisions of this section. Before issuing a building permit for the construction, alteration or extension of a RV park or campground, the building director shall determine that all applicable review procedures and standards required under this Code have been satisfactorily met.

(L)

Accessory uses.

(1)

An allowable accessory use is the storage of RV units. However, no RV may be stored in any tract setback area.

(2)

Storage area for boats, RVs, and other types of vehicles which exceed 30 feet in length. Storage area is for the use of park residents only, and shall be fenced and landscaped. Storage of these units shall be prohibited on individual manufactured (mobile) home sites or on park roads.

(A)

Facility shall be licensed by the Florida Department of Health.

(B)

No staff shall be employed on a full-time or live-in basis other than the owner/operator of the facility and his/her immediate family members.

(C)

In R-1L, R-1H, and MH districts, the total number of residents shall not exceed ten, including the owner/operator and family members.

(D)

No sign indicating the purpose or nature of the facility shall be permitted in R-1L, R-1H, and MH districts.

(E)

In addition to parking spaces normally required for a residential dwelling unit, one space shall be provided for each five residents, excluding staff and family members.

(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)

Facility shall be licensed by the Florida Department of Health.

(B)

Facility shall provide at least two off-street parking spaces, plus one additional space for each 200 square feet of floor area devoted to medical or therapeutic treatment activities, plus one space for each five residents, excluding staff and family members.

(C)

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)

Minimum lot size shall be one acre.

(B)

Tower shall be set back from all property lines a distance equal to its height. Alternatively, the tower shall be set back a distance equal to 50 percent of its height with certification by an engineer licensed in the State of Florida that the structure is designed to collapse within the boundaries of the property on which it is built.

(C)

Tower shall meet all applicable standards of the Federal Communications Commission, the Federal Aviation Administration, and any other relevant Federal or state agency.

It is the purpose of these standards to provide minimum development guidelines for a mini-warehouse facility and to protect established or permitted uses under these regulations in the vicinity of such a facility.

A mini-warehouse in C-2 shall be permitted as a special exception under the provisions of article 7. Development standards provided in this section shall supersede the normal development standards of C-2. Once approved, mini- warehouse shall be the sole use of the property. Other activities in place of or in addition to mini-warehouse shall not be permitted.

No storage bay or unit in a mini-warehouse shall be used as a place of business by persons renting storage space, and no occupational license shall be approved for the property other than that of the mini-warehouse owner/operator.

(A)

Development Site Requirements.

(1)

Minimum lot size. An area not less than 20,000 square feet, with a minimum width of 100 feet and a minimum depth of 200 feet.

(2)

Setbacks.

Front: 35 feet.

Side: 40 feet if contiguous to property designated for residential use on the Future Land Use Map.

10 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map.

Rear: 40 feet if contiguous to property designated for residential use on the Future Land Use Map.

20 feet if contiguous to property designated for commercial or industrial use on the Future Land Use Map.

(3)

Maximum lot coverage. No more than 40 percent of the development site shall be covered by structures.

(B)

Design requirements.

(1)

Lighting: All lights shall be shielded to focus and direct light onto the uses established, and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft. Reference section 3.05.00, Performance Standards, for applicable glare and lighting standards.

(2)

Fencing: Where a property line abuts and is contiguous to any residential land use classification, a six-foot solid face masonry wall shall be constructed along the property line.

(3)

Signs: A single sign shall be permitted for each abutting road right-of-way, not to exceed 15 feet in height or 40 square feet in gross surface area. No other signs shall be permitted on the property, except traffic directional signage. Signs shall be set back at least 15 feet from all property lines.

(4)

Landscaping: Landscaping shall be provided in all required setback areas according to the standards of Section 2.03.00 except where a solid face masonry wall is required.

(5)

Parking: There shall be a maximum of two parking spaces, which shall be located in proximity to the business or manager's office on the site.

(A)

Site. The minimum frontage on an arterial street shall be 150 feet. The minimum area of a service station development site shall be 15,000 square feet. Construction on site of minimum area shall include no more than two service bays and two pump islands. One service bay and one pump island may be added for each additional 2,000 square feet.

(B)

Service area. Service areas shall be provided as follows:

(1)

Paving. The entire area of service station sites not covered by structures and landscaping shall be paved; either concrete or asphalt concrete shall be used for the paved areas.

(2)

Curb. At the property line, face each street side of the service area which is not included in a driveway with a concrete vertical curb six inches wide by 13 inches deep with a top six inches above the finished pavement grade except where a transition is made to a driveway.

(3)

Equipment. Pits, hoists, and all lubricating, washing, and repair equipment and work space shall be enclosed within a building. Washing and lubricating service areas shall drain to a City standard sand and grease trap, drain field and dry well.

(4)

Off-street parking. The service area shall include no less than one employee parking space for each two employees, with a minimum of two employee parking spaces.

(C)

Bulk storage. Liquid petroleum fuels shall be stored in underground tanks.

(D)

Structures. Structures shall conform to the following standards:

(1)

Building. The building shall be set back a minimum of 40 feet from street property lines. This distance shall be measured to vertical canopy supports if they are used, and the building vertical walls if vertical canopy supports are not used. The building shall be set back a minimum of 10 feet from interior property lines. A canopy overhang shall not project more than 10 feet from the canopy vertical supports.

(2)

Pump islands. Pump islands shall be set back a minimum of 25 feet from any property line.

(3)

Exterior lighting. Exterior lighting fixtures shall cast no glare beyond a property line.

(E)

Outdoor display. Outdoor displays shall be limited to the following:

(1)

Racks containing cans of lubricating oil may be displayed on each service island.

(2)

One rack or pedestal for the display of no more than one tire may be placed on each service island and along any side of the main entrance.

(3)

One stationary storage cabinet may be located no more than four feet from the wall of the main structure.

(4)

The display of standards, banners, flags, and any sign not specifically authorized by City ordinance is prohibited except that one permit for the display of standards, banners and flags for not more than 30 days may be issued to a newly constructed service station.

(5)

The service area shall drain into a catch basin on the site and thence to a storm sewer if a storm sewer is available. If no storm sewer passes the site, a drainage plan approved by the City Engineer shall be used.

(F)

Shopping centers. One (1) service station may be constructed at a shopping center having a building development with a floor area of not less than 100,000 square feet and having a land area of not less than 15 acres; provided, however, that such service station shall only be operated as an adjunct to a tenant's regular business and shall not comprise a major part thereof.

(G)

Storage, sale and rental of vehicles and trailers. The storage of vehicles and trailers shall be permitted only as incidental to the customary servicing of vehicles and trailers, except that one vehicle or trailer may be stored for each 200 square feet of land over 15,000 square feet of lot area. The sale of vehicles and trailers shall be prohibited. The rental of vehicles or trailers shall be permitted provided that an additional 200 square feet of lot area is provided for each rental vehicle and/or trailer.

(A)

Storage of materials.

(1)

Material that is not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill. The period of accumulation is limited to two months.

(2)

In no case shall material that is not salvageable be buried or used as fill.

(3)

Any items that can be recycled or salvaged shall be accumulated in bins or containers to be sold to a recycling firm.

(4)

Recyclable material that cannot be stored in bins or containers may be stored in the open.

(B)

Screening. All salvage yards shall comply with the following screening requirements:

(1)

All outdoor storage facilities shall be surrounded by a substantial continuous masonry, wood or metal fence (not including chain link fences), or a wall, any of which shall be a minimum of eight feet in height without openings of any type except for one entrance and/or one exit that shall not exceed 25 feet in width.

(2)

Gates at entrance or exit shall be of a material without openings.

(3)

The screen shall be constructed of the same type of material throughout.

(4)

No screen shall be constructed of metal that will rust.

(5)

Screens shall be maintained and in good repair at all times.

(C)

Buffer in lieu of screening. Where an outdoor storage facility does not abut a public street or highway, a vegetative buffer may be permitted in lieu of screening. Such buffer may be approved by the city commission after a finding that the proposed buffer would provide screening equivalent to that required in (B) above.

(A)

Storage of materials.

(1)

Material that is not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill. The period of accumulation is limited to two months.

(2)

In no case shall material that is not salvageable be buried or used as fill.

(3)

Any items that can be recycled or salvaged shall be accumulated in bins or containers to be sold to a recycling firm.

(4)

Recyclable material that cannot be stored in bins or containers may be stored in the open.

(5)

Junkyard operators shall be responsible for compliance with all applicable Federal and State regulations pertaining to the handling, storage, and disposal of waste fluids. In no case shall disposal of waste fluids be permitted on-site, except with the express approval of the FDEP.

(6)

In any open storage area, it shall be prohibited to keep any ice box, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar air-tight unit having an interior storage capacity of one and one-half cubic feet or more from which the door has not been removed.

(B)

Screening. All junkyards shall comply with the following screening requirements:

(1)

All outdoor storage facilities shall be surrounded by a substantial continuous masonry, wood or metal fence (not including chain link fences), or a wall, any of which shall be a minimum of eight feet in height without openings of any type except for one entrance and/or one exit that shall not exceed 25 feet in width.

(2)

Gates at entrance or exit shall be of a material without openings.

(3)

The screen shall be constructed of the same type of material throughout.

(4)

No screen shall be constructed of metal that will rust.

(5)

Screens shall be maintained and in good repair at all times.

(C)

Buffer in lieu of screening. Where an outdoor storage facility does not abut a public street or highway, a vegetative buffer may be permitted in lieu of screening. Such buffer may be approved by the city commission after a finding that the proposed buffer would provide screening equivalent to that required in (B) above.

(A)

Development site shall have frontage on a road with a functional classification of "arterial."

(B)

Structures and truck parking areas shall be set back at least 25 feet from side and rear property lines.

It is the intent and purpose of this section to implement uniform procedures that promote water conservation through more efficient landscape irrigation and the installation of more efficient plumbing fixtures.

For the purposes of this section, the following words, and terms shall have the meaning given herein:

Automatic irrigation system. An irrigation system designed to operate following a preset program entered into an automatic controller.

(1)

Automatic irrigation system. An irrigation system designed to operate following a preset program entered into an automatic controller.

(2)

Distribution equipment. The water emitters on irrigation systems, including but not limited to sprinklers, rotors, spray heads and micro-irrigation devices.

(3)

ENERGY STAR® ("Energy Star"). For this section, Energy Star is the joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy, which certifies products and practices that protect the environment and lead to money saving through energy and water conservation.

(4)

Florida Water Star® ("Florida Water Star"). A program for new residential and commercial construction that is intended to provide indoor and outdoor water efficient options and help prevent leaks.

(5)

Florida Water Star inspector. A person who verifies Florida Water Star program criteria in accordance with program documents. Inspectors demonstrate sufficient knowledge to verify appropriate subcategories, such as; irrigation, landscape, and plumbing, and have passed the inspector exam and are current with their CEUs per the requirements of the Florida Water Star SM program. Inspectors are accredited parties who may inspect irrigation systems modified or installed by irrigation professionals.

(6)

Florida Water Star Irrigation and Landscape Accredited Professional. A landscape or irrigation professional who has successfully passed the Florida Water Star accredited professional exams for landscaping and irrigation and is currently in good standing with the program.

(7)

Head to head coverage. The spacing of sprinkler heads so that each sprinkler throws water to the adjacent sprinkler.

(8)

High volume irrigation. An irrigation system with a minimum flow rate per emitter of more than 30 gallons per hour ("GPH") or higher than 0.5 gallons per minute ("GPM"). High volume emitter flow rates are usually measured in GPM.

(9)

Irrigation professional. Any person installing or maintaining and irrigation system in the City of Mulberry for payment.

(10)

Irrigation design professional. An irrigation design professional shall include state-licensed plumbers operating within the limits of the Florida Building Code, professional engineers or landscape architects licensed by the State of Florida, Florida Water Star Irrigation and Landscape Accredited Professionals and irrigation designers certified by the Irrigation Association or the Florida Irrigation Society.

(11)

Irrigation system. A set of components that may include the water source, water distribution network, control components, and other general irrigation equipment which has been installed to provide irrigation.

(12)

Landscaped area. The entire parcel less the building footprint, driveways, hardscapes such as decks and patios, and other non-planted areas. Water features are included in the calculation of the landscaped area. Landscaped area includes Florida-Friendly landscaped areas.

(13)

Licensed Irrigation Professional. An irrigation specialty contractor who obtains the irrigation specialty license from The Florida Construction Industry Licensing Board and maintains continuing education requirements.

(14)

Low volume irrigation. Any emitter or sprinkler that applies less than 30 GPH or 0.5 GPM.

(15)

Matched precipitation. Irrigation in which all of the sprinklers in a particular zone apply similar amounts of water to a given area.

(16)

Micro-irrigation.The frequent application of small quantities of water directly on or below the soil surface or plant root zone, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes. Micro-irrigation encompasses a number of methods or concepts, including drip, subsurface, bubbler and micro-spray irrigation, previously known as trickle irrigation. Micro-irrigation is typically a form of low volume irrigation.

(17)

Rotors. Sprinkler heads in lawn areas that provide water as they rotate through a set arc of operation.

(18)

Spray heads. Irrigation heads that pop up with water pressure and provide a continuous spray pattern throughout a given arc of operation.

(19)

Substantial modification. Any modification to existing irrigation systems such that 50 percent or more of the irrigation system (by area) is replaced or altered.

(20)

Temporary establishment irrigation. The temporary use of irrigation for the establishment of new vegetation that shall be removed once the plants are established or within two years, whichever occurs first.

(21)

WaterSense. A U.S. Environmental Protection Agency (EPA) program for the management of water supplies by working with manufacturers and retailers to establish efficient plumbing standards, guidelines and certifications.

All new residential, commercial and institutional construction contractors obtaining City of Mulberry Building Permits, 60 days after the effective date of this section, shall incorporate WaterSense labeled plumbing fixtures, to consist at a minimum of all faucets, showerheads and toilets, and Energy Star labeled appliances, to consist at a minimum of all washing machines and dishwashing machines, into said construction. In applications where WaterSense plumbing fixtures and Energy Star appliances are not available, a written request for an exception must be submitted and approved by the City. For the exception to be approved, a best alternative water and/or energy conservative fixture and/or appliance must be identified in the submittal.

Florida Water Star is a water conservation certification program for new and existing homes and commercial developments that meet specific water-efficiency criteria for indoor fixtures and appliances, landscape design and irrigation systems. Residential and commercial properties obtaining the Florida Water Star Certification will exceed the conservation requirements imposed by this section. Upon receipt of certification from the Florida Water Star program that a residential or commercial property has obtained the Florida Water Star Certification, the City will not require submission of the Letter of Certification of the Design for an Irrigation System, or the Letter of Completion Certifying Compliance with Design for Irrigation System.

(A)

For all new commercial and institutional construction where a new landscape irrigation system will be installed, and for all significant (50 percent or greater) alteration or rehabilitation of an existing landscape irrigation system, the design and installation of said system, or of a portion of such system, shall be required to be installed or rehabilitated in a manner consistent with this section ("irrigation system standards").

(B)

All new residential irrigation system construction or significant (50 percent or greater) alteration or rehabilitation of a residential irrigation system shall be consistent with the irrigation systems standards and consistent with the following additional requirements:

(1)

The maximum total irrigated area on residential lots, regardless of lot size, shall not exceed 0.5 acres. This provision does not apply to temporary irrigation such as portable hoses and sprinklers.

(2)

High volume irrigation area shall not exceed 60 percent of the landscaped area. This standard is applicable on residential lots over one-eighth acre and commercial lots over one-eighth acre. This standard applies to common areas and open space in developments. This standard excludes vegetable gardens and fruit or nut trees on individual lots or community gardens.

(3)

Narrow areas, four feet wide or less, shall not be irrigated unless correctly installed irrigation devices are used, as recommended by a licensed irrigation professional, which confine the spray pattern to the area in question.

(4)

High volume irrigation shall not be used for trees, shrubs, or groundcover beds. Permanent micro-irrigation may be used in these areas. The county encourages the use of temporary establishment irrigation.

(5)

Irrigation zones shall be divided according to vegetated groupings (e.g., turfgrass, shrubs, native plants, trees) and the water requirements of the plants. Turf grass and landscaped beds, such as trees, shrubs, and groundcover beds, shall not be irrigated in the same zone as each other. Sprinkler head types, such as spray heads and rotors, shall not be mixed in the same zone.

(6)

Distribution equipment in a given zone shall have matched precipitation rates.

(7)

Rotors and spray sprinkler heads in turfgrass areas shall be spaced to provide head to head coverage.

(8)

A minimum separation of four inches shall be required between distribution equipment and pavement.

(9)

A minimum separation of 24 inches shall be required between distribution equipment and buildings and other vertical structures, except fences.

(10)

Technology that inhibits or interrupts operation of the system during periods of sufficient moisture shall be required on all irrigation systems to avoid irrigation during periods of sufficient rainfall. Examples of such devices include soil moisture sensors, weather stations, and rainfall shut off devices. The technology shall override the irrigation cycle when adequate rainfall has occurred. Technology that depends on rainfall for bypassing irrigation shall be placed where it is exposed to unobstructed natural rainfall and in compliance with F.S. § 373.62, as amended.

(11)

Permanent irrigation systems shall be equipped with an automatic control system to provide the following minimum capabilities:

a.

Ability to be programmed in minutes, by day of week, season, and time of day;

b.

Ability to accommodate multiple start times and programs;

c.

Automatic shut off after adequate rainfall;

d.

Ability to maintain time during power outages; and

e.

Operational flexibility to meet applicable year round water conservation requirements.

(12)

Check valves which are capable of holding a minimum of a five foot head shall be used in low-lying areas to prevent head drainage.

(13)

Irrigation system equipment shall be installed in accordance with manufacturer's specifications.

(14)

No direct spray shall be allowed onto walkways, buildings, roadways and drives.

(15)

Pipelines shall be designed to provide the system with the appropriate pressure required for maximum irrigation uniformity.

(16)

All sprinkler heads with spray nozzles (non-rotary) shall be pressure-regulated at the head or zone valve.

(17)

All irrigation system underground piping shall have minimum soil cover of six inches.

(C)

All irrigation systems must be properly installed and maintained, and must operate technology such as rain and/or soil moisture sensors which inhibit or interrupt operation of the irrigation systems during periods of sufficient moisture.

(D)

Nothing within this section shall require the installation of an irrigation system. Requirements for installing irrigation systems are specified in other locations within section 3.07.00 of the Land Development Code.

(E)

All irrigation systems shall be designed by an irrigation design professional consistent with the irrigation systems standards and as set forth in this section.

(F)

A "Letter of Certification of the Design for an Irrigation System" by an irrigation design professional certifying the design is consistent with the requirements of this section shall be required to obtain a building or irrigation permit before issuance of said permit.

(G)

A "Letter of Completion Certifying Compliance with Design for Irrigation System" by an irrigation design professional or Florida Water Star inspector consistent with the design shall be required before issuance of a certificate of completion.

(H)

Compliance with this section shall not exempt an individual from any other local, state or federal requirements.

(A)

An irrigation professional responsible for installing or substantially modifying an irrigation system shall provide the property owner with a maintenance checklist affixed to or near the controller and accompanied by a recommended maintenance schedule, proper irrigation system settings according to season, recommendations for checking technology that inhibits or interrupts operation of the system during periods of sufficient moisture, filter cleaning recommendations, if applicable, and information on the current water restrictions.

(B)

A property owner shall ensure that irrigation systems on their property are inspected at least annually for leaks, overspray, maladjusted heads, and heads that may be capped due to changes in the landscape, such as maturity or changes in plants. Technology that inhibits or interrupts operation of the system during periods of sufficient moisture may need to be replaced every few years and shall be correctly functioning to be in compliance with this article. Irrigation systems with known leaks shall not be operated until the leaks are repaired, except for testing purposes.

(C)

Within 60 calendar days after installation, the property owner shall ensure that the irrigation controller is adjusted to operate according to normal, established landscape conditions or irrigation restrictions, if the irrigation system is installed as part of newly established landscaping.

The following are exempted from the provisions of this article, but should follow applicable Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries:

(1)

Bona fide agricultural activities;

(2)

Vegetable gardens and fruit and nut trees;

(3)

Athletic fields;

(4)

Golf course play areas;

(5)

Cemeteries;

(6)

Nurseries; and

(7)

Temporary establishment irrigation (as defined in section 3.09.02).

(A)

An applicant may submit a proposal that varies from the strict application of the requirements of this section (also known as "alternative compliance") in order to accommodate unique site features or characteristics, utilize innovative design, prevent extraordinary hardship, or to promote the overriding public interest or general public welfare. Diminished value of property or inconvenience is not an extraordinary hardship.

(B)

An applicant seeking authorization for alternative compliance shall have the burden of demonstrating to the City the reasons why the strict application of the requirements of this section should not apply.

(C)

Requests for alternative compliance shall be submitted as part of the irrigation system approval process.

(D)

The City may approve an alternative compliance plan upon finding that the alternative compliance plan fulfills the purpose and intent of this section at least as well as a plan that strictly adheres to the requirements of this section.

(E)

The City may require a site inspection and corresponding site inspection fee for systems which are installed according to a department-approved alternative compliance plan.

Violation of any provision of this article shall be subject to penalties as provided for by this Code or by local law and compliance with this article may be enforced by any remedy available to the City at law or equity.