A pre-application conference will be held for each new site development plan or subdivision plat submitted to the City for approval. The city manager, or his/her designee, will conduct pre-application conferences as needed and, at his discretion, will summon the Development Review Committee (DRC) consisting of various members of City staff and other persons whose expertise is relevant to a particular project. At a minimum, the DRC shall be comprised of the director or manager, or their designee, of development/planning, building, code enforcement, public works/utilities, and fire services.

Persons participating in pre-application conferences shall have knowledge and experience in one or more of the following areas: planning and/or zoning, public works, downtown redevelopment, law enforcement, fire/emergency services, parks and recreation, traffic engineering, environmental protection, community development, or others as appropriate.

A pre-application conference will be scheduled upon submission of preliminary development plans and may be waived if the applicant so chooses.

The pre-application conference shall not be required for proposals involving existing development sites and meeting the following conditions:

1.

Site development plan: Proposed change does not generate the need for additional parking spaces.

2.

Subdivision plat: Proposed change does not create more than two additional lots.

Such proposals shall be considered amendments to existing plans rather than new ones; however, all other provisions of this Code shall apply.

An amendment to the Comprehensive Plan may either be a change to the goals, objectives and policies of the Comprehensive Plan; or, the amendment of a land use classification shown on the Future Land Use Map. A plan amendment may be initiated by the City, by a property owner or agent of a property owner, or by citizens or interested parties who have established standing to bring amendments to the City for consideration.

The basis for review of a proposed plan amendment is the same as the basis for the adoption of the Comprehensive Plan, which entails a review of data and analysis in support of the plan amendment: Analysis of the impact of the amendment on public facility Levels of Service and the Capital Improvements Budget of the City; and an analysis of the need for the proposed amendment in relation to the existing structure of the City and the future as delineated in the goals, objectives and policies of the Comprehensive Plan.

There are three general types of comprehensive plan amendments: Expedited State Review, State Coordinated Review, and Small Scale. The Expedited State Review Process is utilized for the majority of Comprehensive Plan amendments adopted by local governments. The State Coordinated Review Process is utilized for amendments that are in an area of critical state concern, amendments that propose a rural land stewardship area, amendments that propose a sector plan, or amendments that update a comprehensive plan based on an Evaluation and Appraisal Report. The Small Scale process is utilized for amendments that qualify as small-scale development amendments. Statutory requirements for Comprehensive Plan Amendments are found in article 8, section 8.07.00 of this Code.

Comprehensive plan amendments can be either text amendments or amendments effecting land use, development standards, and maps. All requests for plan amendments shall be submitted in writing to the city manager, or his/her designee, together with applicable fees, which shall have been established by resolution of the city commission.

(A)

Application contents for text amendments. The application shall contain the following items, as applicable:

(1)

A description of the proposed plan amendment, specifying the goals, objectives and policies of the Comprehensive Plan that are to be modified.

(2)

Data and analysis that supports the change applied for. Specifically, new data that would alter the assumptions in the Comprehensive Plan and would, therefore, justify the plan amendment of a goal, objective or policy.

(B)

Application contents for amendments effecting land use, development standards, and maps. The application shall contain the following items, as applicable:

(1)

A description of the proposed plan amendment, specifying the goals, objectives and policies of the Comprehensive Plan that are to be modified.

(2)

Where the plan amendment proposed will change the Future Land Use Map, a legal description of the property.

(3)

A concurrency analysis of all public facilities and services for which a level of service has been established in the Comprehensive Plan.

(4)

An Evaluation and Appraisal Report (EAR Report), the format of which is outlined in (C) below.

(C)

Plan amendment evaluation and appraisal report (EAR Report) required from the applicant. Based on the data found in the Comprehensive Plan Data and Analysis sections, the evaluation and appraisal report shall contain the following, as applicable.

(1)

Inventory and analysis of site characteristics:

a.

A description of the terrain; type of vegetation on the site; statement regarding the existence of surface water or wetlands or both; and existence of any floodplains on the site.

b.

The type of soils present on the site and in the area; an analysis of the limitations for construction for each type of soil; and an analysis of absorption rate for septic fields. Identification of habitats present on the site as indicated by the soil types.

c.

An inventory of endangered plant and animal species on the site; an inventory of plant and animal species (mammals, birds and reptiles) common to this site.

d.

A list of trees with an estimate of canopy that they provide; a list of herbaceous plants and vines; a list of grasses and grasslike plants.

(2)

Inventory and analysis of land use: location in the City; former use; existing surrounding land uses; and, analysis of type of buffer needed between proposed project site and existing land uses.

(3)

Inventory of public facilities: location of existing sewer service and potable water facilities serving the development site with capacities and the future demand associated with the proposed development; the functional classification of roads serving the area with estimated daily traffic volumes;

an analysis detailing the future volumes and their effect on roadway Levels of Service; and an analysis of recreation land and facilities needs generated by the proposed land use classification.

The planning board shall review every plan amendment. In reviewing and formulating recommendations to the city commission on proposed Amendments to the Comprehensive Plan, and particularly, the Future Land Use Element and Future Land Use Map, the planning board shall specifically consider and evaluate the proposed amendments against the following standards.

(A)

The proposed plan amendment is consistent with the goals of the City of Mulberry Comprehensive Plan. Objectives and policies of the plan may be proposed for modification by the amendment.

(B)

The proposed plan amendment contains an analysis of the levels of service for all public facilities and services; identifies the timing of improvements to maintain levels of service established by the Comprehensive Plan; and estimates the cost of such improvements to the City and to the developer.

(C)

In the case of a proposed plan amendment to the Future Land Use Map, the proposed land use classification at the proposed location has been analyzed to identify adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibilities and the general welfare of the City. Said analysis must address land uses as they now exist, and as they may exist in the future, as a result of the implementation of the goals, objectives and policies of the Comprehensive Plan; and contains objectives and policies to mitigate or eliminate adverse impacts.

(D)

The proposed Plan Amendment contains an analysis of community need for the development associated with the Amendment. The analysis is based on existing and proposed uses of a similar nature in the City, and an assessment of the need to provide or maintain a proper mix of uses both within the City of Mulberry and also in the immediate area in Polk County or another municipality.

(1)

The proposed Plan Amendment shall not result in either a detrimental over concentration of a particular use within the City or within the immediate area.

(2)

The plan amendment contains sufficient proof to convince the planning board and the city commission that the proposed plan amendment and land use classification supplants the analysis that supported the establishment of the existing land use classification.

No plan amendment may be considered by the planning board until due public notice has been given of a public hearing. All procedures for advertisement and notification of a public hearing shall be as delineated in article 8, section 8.06.00 of this Code.

The planning board may recommend approval of an application for a plan amendment only when all of the following conditions are met.

(A)

The proposed plan amendment is, or proposes objectives and policies, that will be consistent with the City of Mulberry Comprehensive Plan.

(B)

The proposed plan amendment will not degrade the level of service of one or more public facilities and services, or contains commitments to make improvements to maintain levels of service established by the Comprehensive Plan, and does not increase the cost of improvements to be undertaken by the City as stated in the Capital Improvements Element.

(C)

There is a community need for the proposed plan amendment. This finding must be based on an analysis of existing and proposed land uses of a similar nature in the City, and an assessment of the need to provide or maintain a proper mix of land uses both within the City of Mulberry and also in the immediate area of Polk County.

The planning board may recommend denial of any application for a plan amendment for one or more of the following reasons:

(A)

The proposed plan amendment is inconsistent with the City of Mulberry Comprehensive Plan.

(B)

The proposed plan amendment will degrade the level of service of one of more public facilities and services, and contains no commitment to undertake improvements to maintain acceptable levels of service.

(C)

No community need can be demonstrated for the proposed plan amendment at the proposed location.

Within 30 days of receipt of the planning board recommendation, the city commission shall hold a public hearing, after due public notice, on all recommendations associated with a plan amendment from the planning board. It may accept, reject, modify, return or continue and seek additional information on those recommendations. No approval of a plan amendment shall be granted unless approved by a majority of the commissioners voting.

Plan amendments are subject to review by the DCA under F.S. ch. 163. The city commission therefore, does not act to "adopt" a plan amendment, but rather to "transmit" the plan amendment for review. For guidance in the submission of amendments for review by the state, see article 8, section 8.07.00. In the case of a Small scale plan amendment, the city commission does adopt the amendment, transmit it to DCA, but may proceed to consider rezoning without waiting for the conclusion of state review. Small scale amendment criteria are contained in section 8.07.05 of this Code.

A rezoning may be initiated by the City, or by a property owner or agent of a property owner. The basis for review of application for rezoning entails a review of data and analysis in support of the rezoning; analysis of the impact of the rezoning on public facilities levels of service; and an analysis of the need for the proposed rezoning in relation to the goals, objectives and policies of the Comprehensive Plan.

Rezoning requests shall be submitted to the city manager, or his/her designee, on an application form provided by the City, together with applicable fees, which shall have been established by resolution of the city commission. The application shall contain, at a minimum, the following information:

(1)

A legal description of the property, including the size of the area in acres.

(2)

A description of the proposed rezoning, specifying the goals, objectives and policies of the Comprehensive Plan that it supports and advances.

(3)

A detailed map showing the location of the property in the City, existing land use, existing surrounding land uses; existing zoning and boundaries of the zoning district, and the proposed boundaries of the rezoned district.

(4)

A description and generalized site plan of any proposed development including; the number of units proposed and resulting net density; number of required parking spaces and location; footprint of all proposed buildings and structures on the site, including setbacks; required landscape and buffer yards; and sign locations.

(5)

The location of existing sewer service and potable water facilities to the development site and whether or not the existing facilities will serve the new development.

(6)

The functional classification of all roadways that will be impacted by development permitted by the proposed zoning district, with current and estimated future daily traffic volumes.

(7)

The location of all public and private streets, driveways and utility easements within and adjacent to the site.

(8)

A description of the terrain and the vegetation on the site, including a topographic map, when available.

(9)

An inventory and description of surface water and wetlands; and any floodplains on the site.

(10)

A general inventory of plant and animal species common to the area, any endangered plant and animal species, and habitats present on the site.

(11)

A inventory of trees with an estimate of canopy that they provide, and an inventory of stands of mature trees and understory vegetation that may provide wildlife habitats or other environmentally unique areas.

The planning board shall review every request for rezoning. In reviewing and formulating recommendations to the city commission on rezoning applications, the planning board shall specifically consider and evaluate the proposed rezoning against the following standards.

(A)

Consistency with the Comprehensive Plan. The proposed rezoning is consistent with the goals of the City of Mulberry Comprehensive Plan.

(B)

Concurrency analysis. The proposed rezoning contains an analysis of the levels of service for all public facilities and services; identifies the timing of improvements to maintain levels of service established by the Comprehensive Plan; and estimates the cost of such improvements to the City and to the developer.

(C)

Impact analysis. The proposed rezoning has been analyzed to identify future adverse impacts to adjacent land uses, the character of the neighborhood, parking, or other matters affecting land use compatibility and the general welfare of the City.

(D)

Zoning and use of nearby property. An analysis of the range of development that will occur as a result of the rezoning, in comparison to the existing pattern of development, and the future pattern established by the Comprehensive Plan. Depending on the uses permitted in the proposed zoning district, inconsistency in the two patterns may be created.

(E)

Substantial changes in land use circumstances. Analysis of the effect of significant changes in land use in the vicinity of the proposed rezoning. Such changes are substantial if they include: widening of a street, expansion of existing permitted uses, the completion of a subdivision that was previously platted, the construction of a new public facility, such as a park, or any number of other examples. One such change may not be significant and may not justify the rezoning, but several would be and may justify rezoning to higher intensities.

(F)

Time vacant. If the property (site) is vacant, an analysis of the length of the vacancy versus the present zoning classification is important. In particular, an analysis should have been done to compare the rate of land development in the vicinity of the property and the conversion of vacant land to development in the same zoning district in other parts of the City.

(G)

Effect on property values. An analysis of the effect of the proposed rezoning on property values.

Due public notice. No request for rezoning may be considered by the planning board until due public notice has been given of a public hearing. All procedures for advertisement and notification of a public hearing must be followed as delineated in article 8, section 8.06.00 of this Code.

The planning board may recommend approval of an application for a rezoning only when all of the following conditions are met.

(A)

The proposed rezoning is consistent with the City of Mulberry Comprehensive Plan.

(B)

The proposed rezoning will not degrade the level of service of one or more public facilities and services, or contains commitments to make improvements to maintain levels of service established by the Comprehensive Plan, and does not increase the cost of improvements to be undertaken by the City as stated in the Capital Improvements Element.

(C)

The proposed rezoning and all permitted uses are compatible with development on surrounding property; or compatibility can be achieved by the imposition of conditions, buffers or limitations on the uses within the zone, which are specified in the board's recommendation. By this analysis the planning board determines whether or not the proposed rezoning provides "appropriate use" of the property.

The Planning Board may recommend denial of any application for a rezoning for one or more of the following reasons:

(A)

The proposed rezoning is inconsistent with the City of Mulberry Comprehensive Plan.

(B)

The proposed rezoning will degrade the level of service of one of more public facilities and services, and contains no commitment to undertake improvements to maintain acceptable levels of service.

(C)

The public welfare benefits in maintaining the present zoning classification are so great, that any hardship imposed on the property owner by denying the request for rezoning, is justified.

Within 30 days of receipt of the planning board recommendation, the city commission shall hold a public hearing, after due public notice, on all recommendations associated with a rezoning from the planning board. It may accept, reject, modify, return or continue and seek additional information on those recommendations. No approval of an application for rezoning shall be granted unless approved by a majority of the commissioners voting.

The purpose of this section is to provide requirements for preparing site development plans so that land development may be reviewed for compliance with City Land Development Code requirements.

The development review committee (DRC) is responsible for reviewing development review applications and site development plans that are the subject of this section. Approval of site development plans shall be in the form of a development approval certificate.

Unless otherwise waived, at the discretion of the city manager, or his or her designee, a pre-application conference with the DRC shall be held for each new site plan submitted to the City for review. For purposes of the pre-application conference, the applicant shall present a concept plan in conformance with section 7.04.01.03.

The developer shall present a concept plan, drawn to an appropriate scale, to the city manager, or his or her designee, for distribution to the DRC.

At a minimum, the plan shall show the following:

A.

Total acreage;

B.

Future Land Use and zoning districts of the proposed project site and abutting properties;

C.

Project boundaries;

D.

General lot layout, typical lot sizes;

E.

Proposed use(s) and their general location(s) on the site, including building setbacks;

F.

General street layout, as applicable;

G.

Density or intensity, as applicable;

H.

Significant physical conditions (e.g., wetlands, lakes, etc.).

The DRC shall meet with the applicant at a pre-application conference and shall provide information and comments to assist the applicant in the preparation of site development plans consistent with City Code requirements.

A development review application shall accompany all site plans which are the subject of this section. Applicants shall submit the development review application and all required exhibits and applicable fees, in the amount established by resolution by the city council, to the city manager, or his or her designee.

The development review application shall, at a minimum, include the following information:

A.

The property owner's name, address, telephone number and email address, if available;

B.

If the property involved is owned by a corporation or company, the name, address, telephone number and email address, if available, of its president and secretary;

C.

The name, address, telephone number and email address, if available, of the designated applicant, engineer, or project representative if other than the property owner;

D.

Party having interest in the property (owner, buyer, etc.);

E.

Property location, either physical street address, or if vacant, general location description;

F.

Legal description and property tax identification number;

G.

Purpose of application;

H.

Future Land Use and zoning districts of the proposed project site and abutting properties;

I.

Total acreage.

The site plan review procedure shall be required for specified residential and all nonresidential construction to ensure that all development projects meet the requirements of this Code prior to the issuance of a building permit. It is the intent of this section that the site plan process be a part of the building permit application process, in that the site plan is the instrument by which improvements to the site will be constructed and inspected, and by which final inspection and certificate of occupancy shall be issued. However, the enforcing official, or his or her designee, may at any time accept and review building construction plans related to structural, mechanical, electrical and plumbing systems, subject to the condition that no permits may be issued prior to site plan approval.

For purposes of general site plan review, the developer shall present site plans to the city manager, or his or her designee, for distribution to the DRC. All required plans and drawings for a project, such as but not limited to, architectural, landscaping and engineering plans, shall be consistent with each other with regard to the layout of the site elements both on the horizontal and vertical planes. Architectural, utility and engineering plans shall not conflict with landscape requirements. In all cases, engineering plans addressing stormwater management, road construction and other technical aspects of development design shall be sealed by a civil engineer registered in the State of Florida. If development is constructed in phases, a site development plan shall be submitted for each successive phase of the development.

Site plan approval shall be required prior to the issuance of a building permit for the following:

A.

A parcel of land proposed for a nonresidential use, including hotels, motels, and RV parks.

B.

A parcel of land proposed for multiple-family residential use of three dwelling units or more, or a mobile home park.

C.

Assisted living facilities and group homes housing more than three residents.

D.

Clubhouses or similar facilities built on common property within a subdivision.

E.

Division of an existing development site (such a division shall result in a new or modified site plan for previously existing development, in addition to a separate plan for new development).

F.

An expansion or reconfiguration of any of those types of development which are subject to site plan requirements.

G.

A change in the use of an existing development site from one land use category to another, as listed in Table 2.04.01.

H.

Any other type of development that the city manager, or his or her designee, determines to be appropriate for the site plan review process in order to protect the public health, safety and welfare.

A minimum of seven copies of the site development plan, and any additional copies as may be required by the City, shall be submitted to the city manager, or his or her designee, for processing and review. Site plans shall, at a minimum, contain the following information, as applicable:

A.

Plans shall be submitted on 24 by 36 inch sheets drawn to a scale of not less than one inch equals 100 feet, unless allowed otherwise at the discretion of the City;

B.

When more than one sheet is required, an index sheet of the same size shall be included showing the entire parcel with individual sheet numbers referenced thereon;

C.

Site plan name;

D.

North arrow, scale and date prepared;

E.

A certified boundary survey of the tract prepared by a surveyor registered with the State of Florida showing the location and type of boundary evidence related to the State Plane Coordinate System, if available, and the accurate legal description of the property with a computation of the total acreage of the tract to the nearest tenth of an acre. The survey shall have been prepared within one year prior to filing the site plan;

F.

A survey showing existing topographical features, including contours at one.

(1)

foot intervals as well as spot elevations arranged in a grid system with 35 foot spacing;

G.

Spot elevations along the tract boundary and 25 feet outside thereof (closer where necessary to depict irregularities in the elevations of the property or adjacent property);

H.

Identification of natural features including watercourses, swales, catch basins, ditches, and significant stands of mature trees and understory vegetation that may provide wildlife habitats or other environmentally unique areas;

I.

Delineation of all environmentally sensitive areas and identification of any soil limitations/characteristics, and endangered wildlife and plants, as determined by the appropriate agency;

J.

Identification of all wetlands and flood-prone areas as delineated by the National Wetlands Inventory and the Flood Insurance Rate Maps published by the Federal Emergency Management Agency (FEMA);

K.

Location of open space and recreation areas;

L.

Location and dimensions of on-site parking, loading and unloading spaces;

M.

Location and dimensions for traffic circulation, designated with arrows, all public and private streets, site access and driveways, pedestrian walks and utility easements within and adjacent to the site;

N.

The footprint of all proposed buildings and structures on the site, including setbacks;

O.

Sign locations and setbacks;

P.

Fence and wall locations and heights;

Q.

Phase lines, if the development is constructed in phases;

R.

All existing and proposed utilities and utility tie-in locations, including but not limited to:

1.

Water and wastewater pipe sizes, rim and invert elevations, direction of flow and top and bottom elevations and fire hydrant locations and flows.

2.

Telephone, electric, gas and other utilities.

S.

Location of major solid waste receptacles, including dumpster pads and enclosures;

T.

Tabulations of the following, as applicable:

1.

Total square footage or acreage of project site;

2.

Total number of lots and average size;

3.

Number of units proposed, if any, and resulting gross density;

4.

Acreage of each type of land use and its percentage of total acreage;

5.

Total square footage of buildings and structures;

6.

Total floor area, in square feet, of residential and non-residential uses;

7.

Total number of required and proposed on-site parking spaces;

8.

Total square footage of building lot coverage and percentage of the overall site;

9.

Total square footage of vehicular use areas (parking, sidewalks, etc.);

10.

Square footage of open space and recreation areas and percentage of the overall site.

When requesting site development plan approval, the applicant shall furnish proof that the development site is unified by title and not spatially divided by ownership; however, multiple ownership is permissible so long as each owner or investor holds a percentage or proportionate interest in the site as a whole.

Any modification, variation or adjustment of an approved site plan shall require a site plan amendment approval. The city manager, or his or her designee, shall determine whether a proposed site plan modification is a major or a minor modification. The determination shall be based on, but shall not be limited to the following:

A.

Major modification includes any substantial change, including an increase in density, a change in permitted uses, a change in stormwater runoff characteristics, a change in traffic patterns and/or trip generation, or other similar changes;

B.

Minor modification includes any proposed changes in configuration or other similar changes as deemed not to alter the intent and purpose of the approved overall development plan.

The applicant shall submit the site plan modification request to the city manager, or his or her designee. The city manager, or his or her designee, may approve minor modifications. However, if the proposed modification is determined to be a major modification, the city manager, or his or her designee, shall forward the site plan revisions to the DRC, and any other appropriate members of City staff and outside consultants, for review and determination of approval.

A building permit shall be obtained within 12 months of the approval date of a site plan or the plan shall become invalid. No building permit shall be issued until the site plan has been approved and is on file with the City. All building and construction permits issued for any project requiring site plan review shall be consistent with the approved site plan and any stipulated conditions that are part of the approval. The approval of a site plan shall not, under any circumstance, be construed to waive or otherwise diminish the applicable City requirements for construction or installation of structures or materials. Whenever a conflict between the site plan and such construction details occurs, the more restrictive, or that requiring the higher standard, shall prevail.

The Building or Enforcing Official shall retain one copy of the site plan to constitute a permanent record of said plan. A minimum of three copies of the plan shall be reserved for the applicant, two copies of which shall accompany the application for a building permit, and one copy which shall be available for inspection at the job site.

Failure to comply with an approved site plan or any of the conditions upon which such approval was contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to an approved site plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this Code shall constitute a violation of this Code and may be subject to a stop-work order.

The purpose of this section is to establish minimum procedures and standards to further the provisions of State Law that regulates and requires the platting of land for development; to further the goals and policies of the Mulberry Comprehensive Plan; and to set forth a process for approval of the subdivision of land within the jurisdiction of the City. Where provisions for subdividing land are either more restrictive or less restrictive than other land development codes, resolutions or rules adopted by the City, those provisions that are more restrictive and impose higher standards or requirements shall govern. Subdivision approval procedures are set forth herein as a three-step process, the concept plan review (optional), preliminary plat review and final plat approval. This process is intended to permit comprehensive review by the City and to benefit the developer by identifying potential problems and their solutions at appropriate times during the process. As with all stages of the development approval process, it is the responsibility of the developer to check all State and local regulations governing the subdivision of land and to adhere strictly to the procedures therein.

These regulations shall apply to all subdivisions, including those intended for commercial and industrial development. The provisions of this section are applicable to the division of a parcel of land, that is defined to mean the division of contiguous land holdings by a single owner or multiple owners, regardless of how said parcels are described or recorded, into three or more parcels, lots, tracts or sites for the purpose of transfer of ownership or building development.

Whenever any subdivision of land is proposed and before any contract is made for the sale of any part thereof and before any permit for the installation of utilities, either public or private; construction; paving and drainage; or structures in a proposed subdivision shall be granted, the subdivider, or his authorized agent, shall apply for and secure approval of the proposed subdivision through submission of the following documents:

(A)

Concept plan review (optional);

(B)

Preliminary subdivision plat;

(C)

Construction plans;

(D)

Final subdivision plat.

Final subdivision plat. Upon completion of all subdivision infrastructure improvements, or guarantee thereof, the subdivider shall apply for and receive approval of a final subdivision plat before applying for permits to build structures on the lots thus created.

Unless otherwise waived, a pre-application conference with the DRC shall be held, in accordance with section 7.01.00 of this Code, for each new proposed subdivision plat submitted to the City for review.

The developer may present a subdivision concept plan to the city manager, or his/her designee, who shall review the plan as to its conformance to the comprehensive plan, zoning and other applicable land development regulations. The plan shall show, at the minimum:

(A)

Proposed use;

(B)

Basic street layout;

(C)

Typical lot sizes;

(D)

Boundaries;

(E)

Significant physical conditions.

The concept plan may be a sketch, but must be drawn to scale. Comments by the city manager, or his/her designee, city engineer, fire official and other city staff reviewing the concept plan shall be detailed in a letter to the developer not less than ten (10) working days after submission, and shall form the basis for preparing the preliminary plat.

(A)

The intent of this section is to establish an administrative review and approval process for small scale residential development and land subdivision.

(B)

Within five days of submittal of plans for a building or land development permit, the city manager, or his/her designee, shall determine if minor subdivision approval is applicable and shall state any requirements in a letter or memorandum, that shall be attached to the permit application.

(C)

In requesting the administrative approval of a minor subdivision, the applicant shall provide the following information:

(1)

A copy of the deed to the property. If the applicant does not own the property, he must obtain written permission from the owner, including a notarized signature, authorizing him to make the application.

(2)

A copy of the official property appraiser's map indicating the subject property and all other properties within 200 feet.

(3)

A certified survey.

(4)

Any established application fee plus the per lot fee for subdivision shall be charged.

(D)

The city manager, or his/her designee, may administratively approve a minor subdivision property for residential use under the following conditions:

(1)

The approval does not result in the creation of more than four new lots.

(2)

The approval does not create a lot, or lots, that do not meet applicable zoning district standards for width, depth, and area.

(3)

Each lot has frontage on a public road, and no new public streets are needed to serve either property.

(4)

No extension of a public water or sewer system is needed.

(5)

There will be no necessity for drainage facilities serving other properties to cross either the lot affected by the administrative approval. Certification shall be provided by a professional engineer registered in the State of Florida.

(E)

In granting approval, the city manager, or his/her designee, may impose such conditions, safeguards and requirements as deemed necessary to implement the intent and purpose of this section. The city manager, or his/her designee, may require any division or combination of previously platted property to comply with the complete platting process as set forth in this section.

(F)

The developer shall agree to prepare and submit a final minor subdivision plat to the city manager, or his/her designee, within 45 days of the issuance of a land development permit. The city manager, or his/her designee, shall be responsible for placing all minor subdivision plats on the city commission agenda for approval and acceptance. The plat shall be recorded with the Clerk of the Circuit Court of Polk County prior to issuance of a certificate of occupancy.

(G)

The minor subdivision plat for recording shall conform to all requirements set forth in F.S. ch. 177.

The developer may present a preliminary subdivision plat at any time after receiving the comments of the city manager, or his/her designee, the consulting city engineer, fire official and other city staff in response to the submission of a concept plan. The preliminary plat shall demonstrate the manner in which the comments from the concept plan review, if conducted, have been incorporated into the plat.

The purpose of the preliminary subdivision plat is to provide sufficient information regarding a proposed development to enable the City to evaluate the proposed subdivision as it relates to the Comprehensive Plan and the Unified Land Development Code.

(A)

Submittal. The preliminary subdivision plat review shall be initiated when the following items have been submitted:

(1)

Completed application forms with all necessary attachments.

(2)

The preliminary subdivision review fee, as established by resolution of the City Commission.

(3)

Four copies of the preliminary subdivision plat, a survey and a topographic map.

(B)

Required information. The preliminary subdivision plat shall be drawn to a scale appropriate to displaying the proposal on a single 36" x 60" sheet and shall include the following:

(1)

Name, address, and telephone number of the applicant and the person preparing the plan.

(2)

Title block identifying the name and/or title of the proposed subdivision. The name shall not duplicate or closely approximate the name of any other subdivision recorded in the Public Records of Polk County, Florida.

(3)

Date, north arrow, and scale.

(4)

Layout and dimensions of proposed lots.

(5)

Layout of proposed streets.

(6)

All existing restrictions on the use of the land, including easements, rights-of-way, jurisdictional wetlands areas, either assumed or confirmed.

(7)

Zoning classification.

(C)

Procedure.

(1)

Planning board action: At a properly advertised public hearing, the planning board shall review exhibits, staff reports and comments by reviewing agencies and individuals and shall approve, approve with conditions or disapprove the preliminary plat. Approval of the preliminary plat shall be deemed an expression of approval of the subdivision layout, and nothing more, and shall be reported to the city commission in the form of a recommendation for approval of the preliminary plat.

(2)

City commission action: The city commission shall review the action of the planning board and take action to approve, approve with conditions or disapprove the preliminary plat. Approval of the preliminary plat authorizes the developer to prepare construction plans for public infrastructure improvements. After approval of the construction plans by the DRC, the developer may proceed with construction of the infrastructure improvements.

(3)

Planned development approval: When the proposed subdivision is submitted as a planned development (PD), the preliminary plat can be approved as part of the approval process for the PD as set forth in Section 2.04.02.12 of this Code.

Preliminary subdivision plats shall remain valid for one year from the date of approval. Extensions for approval may be granted for a single period up to one year from the date the plan would otherwise expire. An extension may be granted if the planning board concludes that the owners or successors of the preliminary subdivision plat have proceeded with due diligence and in good faith and the conditions have not changed substantially as to warrant a new application. All such requests for extensions shall be submitted in writing not less than 30 days before the expiration of the preliminary subdivision plat, stating the reason for the time extension request. Upon expiration of a preliminary subdivision plat, municipal services allocated thereto shall be forfeited.

Any amendment, variation or adjustment of a preliminary subdivision plat shall require approval of an amended plat. The city manager, or his/her designee, shall determine whether a proposed modification amounts to an amendment to the preliminary plat. The determination shall be based on, but not limited to the following: any substantial change to the plat, including increase in density, change in permitted uses, change in stormwater runoff characteristics, change in traffic patterns and trip generation, or other similar changes to the plat. The proposed amendment shall, after staff review be placed on the agenda for review and approved, approved with conditions, or disapproved.

After approval by the city commission of the preliminary plat, the developer shall prepare and submit eight copies of the construction plans to the City for review by the DRC. The purpose of the construction plan is to allow City staff to review and approve all proposed site improvements prior to construction.

The construction plans shall consist of complete working drawings and design specifications, and shall be the basis for evaluating the quality and completeness of the proposed engineering design, compliance with all applicable regulations, the establishment of a construction schedule, and site improvement permitting.

(A)

Submittal. Construction plans review will be initiated when the following information has been provided.

(B)

Required information. The construction plan shall be drawn to a scale of not more than one inch = 50 feet. The size of sheets shall be 24 inches by 36 inches and shall show, in addition to the data provided on the Preliminary Subdivision Plat, the following:

(1)

Name, address, and seal of registered engineer and surveyor responsible for the plan and accepted data.

(2)

Final alignments, dimensions, grades and profiles of proposed streets, utilities, drainage and other improvements to be constructed.

(3)

Such other calculations, computation and details as may be necessary to determine the limits of wetlands, the groundwater table, off-site impacts of the proposed development, and other technical matters that may be specified by the Consulting City Engineer.

(4)

Any permit or permits from an agency or agencies approving access to State, county, or local roadways.

(5)

Any permit or permits from an agency or agencies approving the proposed stormwater management system.

(6)

Any permits permitting agencies approving the utilities plan.

(7)

Any permits from environmental agencies having jurisdiction.

(C)

Procedure. Upon approval of construction plans, the applicant may proceed with permitting for installation of improvements. Improvements shall include tree removal, clearing and grubbing, installation of streets and utilities and installation of stormwater management systems. Stormwater management facilities shall be constructed for the entire area of the plan regardless of any phasing plans relative to final plat recording. Final certificates of occupancy for models shall not be issued until the final plat has been accepted by the City and recorded with the Clerk of the Circuit Court for Polk County.

If at the time of application for final plat approval all improvements are not satisfactorily installed, the subdivider shall post a bond in an amount estimated as sufficient to secure to the City the satisfactory construction, installation and dedication of all required improvements. Such performance bond shall comply with all statutory requirements and shall be satisfactory to the city attorney as to form, sufficiency and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the city commission as part of the approval action on the final plat and shall be incorporated in the bond and shall not in any event exceed two years from date of final City approval. The city commission may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the city attorney.

The City shall provide for periodic inspection of required improvements during construction to ensure their satisfactory completion. If it is found that any of the required improvements have not been constructed in accordance with the City's construction standards and specifications, the subdivider shall be responsible for modifying and/or completing the improvements so as to comply with such standards and specifications. Wherever the cost of improvements is covered by a performance bond, the subdivider and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.

Three sets of City-approved engineering as-built drawings shall be submitted with the final plat. All as-built drawings shall contain a certification by a professional engineer or registered land surveyor of personal verification of the exact location and dimensions of all completed improvements, as well as certification that all utilities have been installed in accordance with specifications.

The developer shall guarantee the materials and workmanship of pavement, curb and gutter, sidewalks, water system, wastewater (sewage) system and the drainage system in the subdivision for a period of one year after final acceptance by the city manager, or his/her designee. A bond shall be required for the maintenance and repair requirements to cover faulty plans, materials or workmanship. The bond shall be effective for one year and in an amount set by the city manager, in consulting with his consulting city engineer.

Upon the acceptance by the consulting city engineer of all subdivision improvements, the developer may present a final plat for approval. The intent of the final plat is to establish a legal record of the subdivision. The final plat may not be approved unless it is in strict conformance to details of the preliminary plat and any changes required by, and approved by the City.

In addition, per a change made by the 1998 Florida Legislature to F.S. § 177.081, the final plat must contain the signature of a professional surveyor and mapper who is employed by the City to review the plat for conformity to F.S. ch. 177. The change is as follows:

"Prior to approval by the appropriate governing body, the plat shall be reviewed for conformity to this chapter by a professional surveyor and mapper either employed by or under contract to the local governing body, the costs of which shall be borne by the legal entity offering the plat for recordation, and evidence of such review must be placed on such plat."

(A)

Submittal. An application for final plat approval shall be submitted with an appropriate fee established by the City and with accompanying documents as specified herein to the city manager, or his/her designee. The city manager, or his/her designee shall forward copies of the final plat and the approved preliminary plan to the City attorney, the professional surveyor and mapper either employed by or under contract to the local governing body, and other staff, as appropriate, for their review and comments, and shall place the applications on the agenda of the planning board for final review and approval.

(B)

Required information. Although it may constitute only that portion of the preliminary plat that the developer proposes to record and develop at the time, the final plat for recording shall be prepared in conformance with the requirements specified herein. Eight copies of the final plat shall be submitted with the request for approval, and shall show, in addition to the data provided on the preliminary subdivision plat, the following:

(1)

The final plat shall be drawn on a linen tracing cloth or stable base film at least three mils thick, 24 inches wide by 36 inches long. Preferred scale of the final plat is one inch equals 100 feet (1" = 100'). If a different scale is used for the recorded plat, a facsimile scaled to one inch equals 100 feet (1" = 100") on stable base film shall be provided to the City Manager, or his/her designee.

(2)

Name of plat.

(3)

Each plat shall show a description of lands platted and the description shall be the same in the title certification. The description shall be so complete that from it, without reference to the plat, the starting point and boundary can be determined.

(4)

All required final permits and approvals issued by agencies and governing bodies having jurisdiction over properties being subdivided shall be furnished to the consulting city engineer. The final plat shall not be approved by the planning board without proper submission of the final permits and approvals.

(5)

All easements or rights-of-way provided for public services or utilities, and limitations of such easements.

(6)

All lots shall be numbered either by progressive numbers or, if in a block, progressively numbered or lettered in each block. Lot lines shall be marked with accurate dimensions in feet and hundredths of feet, and bearings or angles to street lines.

(7)

A statement shall be included on the final plat indicating the final length of roads, water and sewer lines installed.

(8)

The purpose of all areas dedicated must be clearly indicated or stated on the plat. Accurate descriptions of any such areas to be dedicated or reserved for public use shall state the purpose thereon.

(9)

In the event the plat includes open space, clubhouses, playgrounds or other amenities to be owned and used in common by residents of the development, a plat note shall be added requiring the creation of a homeowners or property owners association that shall be responsible for such facilities.

(10)

All interior excepted parcels shall be clearly indicated and labeled "Not A Part Of This Plat."

(11)

Any existing or proposed private restrictions and trusteeships and their periods of existence shall be filed as a separate instrument, and reference to such instrument shall be noted on the final plat.

(12)

City signature spaces for the mayor, city clerk, consulting city engineer, and the chairman of the planning board.

(13)

The Clerk of the Circuit Court of Polk County of the Circuit Court certificate and the land surveyor's certificate and seal.

(14)

City signature spaces for the professional surveyor and mapper either employed by or under contract to the local governing body.

(C)

Plat documentation requirements. The following documentation shall accompany the final plat:

(1)

The final plat for recording shall conform with all requirements set forth in F.S. ch. 177, including dedications and reservations executed by the developer and certification by a registered land surveyor.

(2)

A title opinion by an attorney at law, licensed in Florida, or a certification by an abstractor or title company stating that the court records identify that the title of the land as described and shown on the plat is in the name of the person or persons or corporation executing the dedication. In addition, a document entitled, "Consent to Platting of Lands and Partial Release of Mortgage," shall be filed together with the final plat for each person or corporation holding a mortgage on all land included on the plat, where such person or corporation has not signed the final plat.

(3)

Certification by a registered land surveyor that the plat represents a survey made by that individual and, further, that all necessary monuments, lot sizes and lot dimensions are correctly shown thereon. Impressed thereon, and affixed thereto, shall be the personal seal and signature of the registered land surveyor by whom, or under whose authority and direction, the plat was prepared.

(4)

Certification that all real estate taxes have been paid.

(D)

Procedure.

(1)

Planning board. The planning board shall review the final plat and staff comments pertaining thereto, and shall take action to approve or disapprove the plat. Any conditions of approval shall be stated with the motion to approve the plat and shall be made clear to the developer. The planning board may defer action if additional information, staff review, subdivision improvements or completion assurances are needed. In any case, the planning board shall be provided with a written statement by the building official to the effect that all required public improvements have been completed to his satisfaction or that satisfactory guarantees of completed installation have been provided.

(2)

City commission action. The city commission shall review the action of the planning board and take action on the final plat. Approval of the plat and acceptance of public improvements and dedications shall be by resolution and shall authorize the mayor and city clerk to sign the copy of the plat to be recorded.

(3)

Recording. Upon approval by the city commission, the final plat shall be filed and recorded with the city clerk. The developer shall be responsible for recording the final plat and for returning one reproducible copy of the recorded plat to the building official. The final plat shall be recorded prior to the issuance of any building permits within the subdivision.

The owner of any land subdivided into lots may petition the City under the provisions of F.S. ch. 177.101, to remove (vacate and annul) the existing plat, or portion thereof, from the official records of the City of Mulberry and Polk County. The applicant vacating a plat, or a part thereof, shall file the petition, proof of publication of notice of intent, certificate of title, statement of taxes and resolution, and shall pay the appropriate filing fee as established by Resolution of the city commission. Following review by the appropriate City departments and recommendation by the planning board, the petition shall be acted on by the city commission. The applicant shall be responsible for recording the petition and the proof of publication with the Clerk of the Circuit Court for Polk County.

The city commission may, on its own motion, order the vacation and annulment of all or any part of a subdivision within its jurisdiction. Such action may include the vacation of dedicated rights-of-way and easements, provided that:

(A)

The subdivision plat was lawfully recorded not less than five years before the date of such action by the city commission; and

(B)

No more than ten percent of the total subdivision, or part thereof, has been sold as lots by the original subdivider or his successor in title. Such action shall be based on a finding by the commission that the proposed vacation and annulment of the plat will result in greater conformity with the comprehensive plan of the city, and the public health, safety, and welfare will be promoted.

Before acting on a proposal for vacation and annulment of subdivided land the commission shall hold a public hearing, with notice of intent as set forth by F.S. ch. 166. Notwithstanding these provisions, the city may require conformity with existing standards for all or parts of subdivisions as outlined in this section.

No owner of any parcel of land in a subdivision shall be deprived by the vacation and annulment of a plat, or a portion of a plat, of reasonable access to such parcel, nor of reasonable access therefrom to existing facilities to which such parcel presently has access; provided that such access remaining or provided after such vacation need not be the same as that previously existing.

Special exceptions shall be granted only for those activities specified as special exception uses in the Table of Land Uses 2.04.01(A), article 2.

The planning board shall hear and decide applications for special exceptions authorized under this Code in the manner prescribed below.

(A)

Application and fees. All requests for special exceptions shall be submitted in writing to the city manager, or his/her designee, together with all applicable fees as provided by resolution.

(B)

Contents. The application shall contain the following items, as applicable:

(1)

A legal description and street address of the property.

(2)

Notarized authorization of the owner if the applicant is other than the owner or an attorney for the owner.

(3)

Site plan or sketch plan drawn to scale showing:

a.

The dimensions of the property;

b.

The existing and proposed location of structures on the property including signage, vehicular accessways and circulation areas, off-street parking and loading areas, sidewalks, refuse and service areas, required yards and other open spaces, and landscaping or buffer areas;

c.

The measurements of existing and proposed adjacent rights-of-way, setbacks, distances between buildings, widths of accessways and driveways, and sidewalks.

(4)

A tabular summary describing the proposed use of the property including:

a.

Existing and proposed use of property;

b.

Conditions on the use, such as hours of operation, numbers of residents, etc.;

c.

Area of the property, pervious and impervious areas, and existing and proposed structures.

d.

Number of required and provided off-street parking and loading spaces, existing and proposed density, and number of existing and proposed units.

(A)

Completeness review. Within five working days of receipt of an application for a special exception, the city manager, or his/her designee, shall:

(1)

Determine that the information is incomplete and inform the applicant in writing of the deficiencies.

(2)

Determine that the plan is complete and proceed with the following procedures.

(B)

Report to planning board. The city manager, or his/her designee, shall submit a written report containing his/her recommendations on the proposed special exception to the planning board prior to the meeting at which the application will be heard. A copy of the report shall be made available to the applicant. The planning board review shall include a concurrency management review of the proposed use pursuant to the standards and procedures in article 6 of this Code.

(C)

Planning board hearing. The planning board shall hold a public hearing on each application and shall forward its recommendations to the city commission.

(D)

Decision by city commission. The city commission shall hold a public hearing after due public notice on all recommendations for special exceptions from the planning board. By majority vote, it may accept, reject, modify, return or continue and seek additional information on those recommendations.

(E)

Conditions and safeguards. The development and use of the site of an approved special exception shall be in accordance with the approved site plan and application materials. The approved site plan shall be filed with the city manager, or his/her designee, and all development shall be in compliance with that plan. The planning board may recommend and the city commission may impose on the grant of any special exception any conditions or safeguards found to be necessary to ensure the compatibility of the special exception with surrounding properties or the community in general. These may include, but are not limited to, requiring restrictions on hours of operation and size of buildings, additional landscape and buffer areas, limiting vehicular access points and location of off-street parking, and similar conditions. Violation of any such condition or safeguard shall be deemed a violation of this Code and may result in a revocation of any special exception, in addition to any other remedy for such violation provided in this Code.

(F)

Denial. The planning board may recommend denial of any application for any special exception, and the City Commission may deny any application for special exception, for one or more of the following reasons:

(1)

It is inconsistent with the City of Mulberry Comprehensive Plan.

(2)

It would violate the concurrency management standards in article 6 of this Code.

(3)

It does not meet the requirements of the applicable special exception regulations.

(G)

Findings. The city commission shall make written findings, based on one or more of the reasons listed above, in support of a denial of an application for a special exception.

If a special exception does not begin to serve the purpose for which it was granted permission within 180 days from the date of approval, it shall expire. Once initiated, the special exception use may continue indefinitely or until the expiration of any time limit established as a condition of approval. However, if such use is abandoned for 180 days, it shall expire.

Authorized home occupations shall comply with all of the following provisions:

(A)

No person other than a member of the family residing on the premises shall be employed in the home occupation.

(B)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to the use of the unit for residential purposes by its occupants. Under no circumstances shall the residential character of the property be changed by the home occupation.

(C)

No sign or display shall be provided to indicate from the exterior that the building is being used in whole or in part for any purposes other than that of a dwelling.

(D)

Business activities associated with a home occupation, including storage of merchandise and materials, shall take place only in the principal structure.

(E)

No home occupation shall occupy more than a total of 500 square feet of floor area.

(F)

Traffic shall not be generated by the home occupation in greater volumes than would normally be generated by a dwelling unit in a residential area. No additional parking spaces shall be provided in excess of those required to serve the residential unit under Section 3.03.00.

(G)

No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses. In case of electrical interference, no equipment or process shall be used that creates visual or audible interference in radio or television receivers or causes fluctuations in line voltages off the premises.

(H)

No articles or materials pertaining to the home occupation shall be stored on the premises, except inside the principal structure.

A home occupation may be approved administratively by the city manager, or his/her designee, upon payment of a review fee established by the city commission and submission of an application containing the following information and documentation:

(A)

Name(s) of owner(s) and a copy of the deed to the property.

(B)

Legal description of the property.

(C)

Complete written description of the activity proposed as a home occupation.

(D)

Copy of Polk County Property Appraiser's map showing subject property and all surrounding properties within a 100-foot radius of subject property's boundaries.

(E)

Certified survey of subject property (at city manager, or his/her designee's discretion).

(F)

Signatures of all property owners within 100 feet on a petition indicating no objection to the home occupation.

The city manager, or his/her designee, may refer the matter to the planning board for approval if signatures from all property owners within 100 feet of the subject property cannot be obtained, or for any other reason that may justify such referral. Home occupation approvals shall be handled through the same process as a zoning district change or special exception approval.

Any person, firm or corporation owning property in the City of Mulberry may apply for a variance from specific provisions of this Code, excepting those relating to permitted land uses, concurrency and consistency with the Comprehensive Plan. Variances shall be granted only by the zoning board of appeals in a public hearing that has been advertised in accordance with Section 8.06.00 of this Code. Variances granted by the board shall be the minimum necessary to provide a reasonable use of the property and may be approved subject to time limits or any other conditions that the board deems appropriate.

The granting of a variance shall be based on a determination by the zoning board of appeals that the request will not be contrary to the public interest and the intent of this Code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience or economics shall not be considered as justification for a variance. Approval of a variance shall be based solely on the following criteria, all of which must be fully satisfied:

(A)

Special conditions and circumstances exist that are peculiar to the land or structure involved and that are not applicable to other lands or structures in the same land use classification.

(B)

The special conditions and circumstances do not result from the actions of the applicant.

(C)

The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this Code to other lands or structures in the same land use classification.

(D)

Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant.

(E)

That the variance granted is the minimum variance that will make possible a reasonable use of the land or structure.

(F)

That the granting of the variance will be in harmony with the general intent of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

For each variance granted, the zoning board of appeals shall approve, and the chairman shall sign, a resolution listing the above criteria and attesting that each has been satisfied.

Nonconformities are land uses, structures, lots and other elements of development that do not conform to the provisions of this Code but were created in accordance with those land development regulations (if any) in effect at the time of their establishment. Subject to the provisions listed below, nonconformities may continue to exist if otherwise lawful and in existence on the date of adoption of this Code. The casual, intermittent, temporary or illegal use of land or structures prior to the effective date of this Code shall not qualify such use or structure for the privileges outlined in this section.

Nonconforming uses shall not be:

(A)

Enlarged, increased or expanded to occupy a greater land or floor area than at the effective date of this Code or amendment to the Code, whichever date created the nonconformity.

(B)

Enlarged or intensified through the erection of any additional structure or use that is not permitted under the provisions of this Code.

(C)

Re-established if destroyed or if use is discontinued for 90 consecutive days.

(D)

Moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of this Code.

Nonconforming uses of land where no principal structure exists, other than Agriculture, shall be discontinued within two years of the adoption of this Code or amendment thereto, whichever date rendered the use nonconforming.

Lots not meeting the standards established in this Code for minimum width, depth and area but recorded in the public records of Polk County prior to the date of adoption of this Code or amendment thereto may be used for building purposes with the following provisions:

(A)

Single family dwelling units shall not be built on lots of less than 50 feet in width and 5,000 square feet in size without a variance authorized by the zoning board of appeals.

(B)

All other structures shall be built on lots of no less than 60 feet in width and 6,000 square feet in size without a variance authorized by the zoning board of appeals.

(C)

Contiguous lots that are of single ownership, and do not separately meet width, depth and area requirements of the applicable land use classification, shall be considered a single lot for development purposes.

(D)

Nonconforming lots of record shall not be reduced in size, width or depth without a variance authorized by the zoning board of appeals.

(E)

All development permitted on nonconforming lots of record shall be subject to normal setbacks and all other requirements of this Code.

Structures qualifying as nonconforming shall not be:

(A)

Moved in whole or in part, if nonconforming by use, to another location on the same parcel or lot that it occupies.

(B)

Transported to any other parcel of land unless such transport would render the structure conforming to all applicable provisions of this Code.

(C)

Enlarged or expanded in any manner, unless such enlargement reduces the degree of nonconformity and is carried out in accordance with the provisions of this Code.

(D)

Rebuilt, repaired or renovated in excess of 50 percent of the assessed value of the structure, as determined by the Polk County Property Appraiser.

Structures that are nonconforming by size, but not by use, may be enlarged if the addition will reduce a nonconformity of floor area and will meet required setbacks. Structures that are nonconforming by setback, but not by use, may be enlarged if all new construction meets required setbacks.

Existing manufactured (mobile) home parks that are nonconforming by use shall not be redesigned, expanded in area, or modified to accommodate additional manufactured (mobile) homes. Replacement of existing manufactured (mobile) homes in such parks shall be prohibited.

Manufactured (mobile) home parks that are nonconforming by design only may be expanded in area and/or modified so as to reduce or eliminate those aspects of design that render it nonconforming. The city manager, or his/her designee, may authorize additional manufactured (mobile) home sites in such parks upon submission of a site development plan showing a redesign of the park that substantiates the following:

(A)

Overall density of the park will not exceed the allowable density established in the Comprehensive Plan and the appropriate section of this Code.

(B)

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

(C)

No new manufactured (mobile) home will be placed within 20 feet of any property line.

(D)

Where possible, all development standards of the zoning district have been met, or the degree of nonconformity reduced. In no case shall the degree of nonconformity of any design aspect be increased.

A redesign proposal that does not include the addition of new manufactured (mobile) home spaces shall not be subject to conditions A and B above.

The replacement of an existing manufactured (mobile) home on property that is not designated for manufactured (mobile) home use on the Official Zoning Map shall be prohibited.