It is the intent of this ordinance that mobile homes shall be permitted in no other zone than the mobile home rental park (MHRP) zone in the City of South Bay. The following general requirements and special regulations shall apply to all mobile home rental park developments:

1.

Minimum area. No site shall qualify for a MHRP development unless the development consists of a contiguous area of at least nine (9) acres owned by the petitioner wholly.

2.

Unified control. All land included for purposes of development within a MHRP development shall be owned or under the control of the petitioner for such zoning designation, whether that petitioner be an individual, partnership, or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present firm evidence of the unified control of the entire area within the proposed MHRP development and shall state agreement that, if he proceeds with the proposed development, he will:

a.

Do so in accord with the officially approved final master land use plan of the development, and such other conditions or modifications as may be attached to the special exception;

b.

Provide agreements, covenants, contracts, deed restrictions, or sureties acceptable to the city for completion of the undertaking in accordance with the adopted final master land use plan as well as for the continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated or maintained at general public expense;

c.

Bind his development successors in title to any commitments made under the preceding [subsections] (a) and (b).

3.

Configuration of the site. Any tract of land for which a MHRP development application is made shall contain sufficient width, depth, and frontage on a publicly dedicated arterial or major street or appropriate access there to adequately accommodate its proposed use and design.

4.

Authorized uses.

Mobile home and its customary uses.

Public operated parks and recreation areas or other facility operated by a non-profit organization, carport as an accessory to a mobile home residence.

Public and private utility services and accessory buildings and structures (excluding sanitary land fill, incinerator, refuse and trash dumps), government services and accessory buildings and structures, recreation facilities and clubs, accessory to the park, and churches or places of worship and accessory buildings and structures.

5.

Master land use plan. All MHRP development applications shall be accompanied by a proposed master land use plan. This proposed master land use plan will serve as the basis for a more refined preliminary master land use plan and a final master land use plan.

6.

Application fees and required copies of plans.

a.

Application fees.

1.

At the time of filing of the MHRP development application, the base sum of two hundred dollars ($200.00) plus one dollar ($1.00) per acre within the development application area shall be payable.

2.

At the time of filing of each final site development plan pursuant to the final master land use plan, the sum of:

(a)

One dollar ($1.00) per individual mobile home site shall be payable.

(b)

Ten dollars ($10.00) per acre for commercial land use shall be payable.

b.

Required copies of plans.

1.

The applicant shall provide the city with copies of:

(a)

Proposed master land use plan, and attendant documents and information: six (6) copies, one of which shall be a time-stable reproducible.

(b)

Preliminary master land use plan and attendant documents and information: six (6) copies, one which shall be a time-stable reproducible.

(c)

Final master land use plan and attendant documents and information: six (6) copies, one of which shall be a time-stable reproducible.

2.

The commission may amend the required amount of plan copies from time to time as may be needed.

7.

Professional Services Required. Any master plan of development submitted as part of a petition for a MHRP development shall certify that the services of two (2) or more of the following professionals were utilized in the design or planning process:

a.

A planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or

b.

A landscape architect registered by the State of Florida;

c.

An architect licensed by the State of Florida, together with;

d.

A professional engineer registered by the State of Florida and trained in the field of civil engineering; or

e.

A land surveyor registered by the State of Florida.

8.

MHRP development procedure.

a.

Preapplication conference. Prior to the submission of a formal MHRP development application, the prospective petitioner is encouraged to schedule a preapplication conference with the building department, planning and zoning board and other governmental agencies having appropriate jurisdiction over the proposed site to present a tentative proposed land use plan sketch for review. The preapplication conference should also address itself to pertinent development matters including but not limited to:

1.

The proper relation between the anticipated project and surrounding uses, and the effect of the proposed development on the comprehensive land use plan and/or stated planning and development objectives of the city;

2.

The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development;

3.

The nature, design, and appropriateness of the proposed land use arrangement for the size and configuration of property involved;

4.

The adequacy of open space areas in existence and as proposed to serve the development; and

5.

The ability of the subject property and of surrounding areas to accommodate future expansion, if needed.

b.

Formal application and acceptance. After completion of the preapplication conference, the petitioner shall submit an application accompanied by a proposed master land use plan and attendant documents and information.

c.

Prehearing conference. After the official acceptance of the application by the building department, the MHRP development application shall be submitted to the planning and zoning board for scheduling on the agenda of a prehearing conference within thirty (30) days of the date of official acceptance by the building department.

1.

The purpose of such prehearing conference is to assist the applicant in bringing the MHRP development application and proposed master land use plan as nearly as possible into conformity with the intent of these and other applicable city regulations, and to define those areas where justifiable deviations from application of these regulations is suggested by the development's proposed master land use plan.

2.

All recommendations and requests for change from the proposed master land use plan by either government or the applicant shall be committed to writing and made a part of the official building department file for the subject MHRP development.

3.

Upon completion of the amendments or revisions to the proposed master land use plan as requested by the building department to meet the requirements and regulations of this ordinance, the application shall be certified for inclusion on the next official agenda of the planning and zoning board.

d.

Notice and hearing by the planning and zoning board. A duly noticed public hearing on the MHRP development application shall be held within thirty (30) days of the date of the building department's certification for inclusion on a planning and zoning board agenda.

e.

Notice and hearing—city commission. A duly noticed public hearing on the MHRP development application shall be held within thirty (30) days of the date of rendering of the planning and zoning board advisory recommendation on the application.

f.

Site plan review committee.

1.

The preliminary master land use plan and MHRP development application shall be reviewed by the planning and zoning board and building department within thirty (30) days of the receipt of the official decision of the city commission.

2.

Within a reasonable time, not to exceed thirty (30) days, following the date of the site plan review, the building department shall notify the applicant in writing that the planning and zoning board has reviewed the preliminary master land use plan, has approved it with or without modifications, and has certified it as the development's final master land use plan, or will advise the applicant of any further change which should be made to bring the preliminary master land use plan into full compliance with this ordinance and other applicable city ordinances and regulations.

g.

Final master land use plan and final site development plan.

1.

Upon certification of the preliminary master land use plan as the final master land use plan, the final site development plan must be filed with the building department, for review and approval by the planning and zoning board within one year of the date of city commission approval of the MHRP development. Upon approval, the building department shall forward a copy of each final site development plan(s) to the city engineer.

2.

Phasing controls. If the final master land use plan is to be developed in phases or stages requiring more than one final site development plan, successive final site development plans must be filed so that construction and development activity shall be of a reasonably continuous nature; but in no event shall more than two (2) years elapse between the filing of successive final site development plans. The final site development plan must be filed within ten (10) years of the date of approval of the final master land use plan. Should a MHRP development be constructed in phases requiring more than one final site development plan, the following sequence must be adhered to:

a.

The entire open space system and/or recreation facility must be shown prior to the development of more than forty (40) percent of the total permitted mobile home unit sites;

b.

The gross density of an individual site development plan shall not exceed the maximum density permitted for the entire [MHRP Development].

h.

Final site development plan. Six (6) copies of the final site development plan shall be submitted to the building department, one copy shall be a time-stable reproducible, and all shall contain the following:

1.

Name of park or identifying title which shall not duplicate or closely approximate the name of any other MHRP or subdivision in the incorporated area of the city;

2.

If more than one sheet is required for the map, the final site development plan shall contain an index sheet on Page 1, showing the entire park on the sheet indexing the area shown on each succeeding sheet and each sheet shall contain an index delineating that portion of the park shown on that sheet in relation to the entire park. When more than one (1) sheet must be used to accurately portray the park each sheet must show the particular number of that sheet and the total number of sheets included, as well as clearly labeled match lines to each sheet;

3.

A vicinity sketch showing the location of the tract in reference to other areas of the City;

4.

North arrow, graphic scale, scale and date;

5.

Name, address and telephone number of the developer, along with the name and address of the engineer and surveyor responsible for the plan;

6.

The location and names of adjacent subdivisions, if any, and plat book and page reference;

7.

The tract boundary with bearings and distances along with a written legal description;

8.

Topographical conditions on the tract including all the existing water courses, drainage ditches and bodies of water, marshes and other significant features;

9.

All existing streets and alleys on or adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary;

10.

All existing property lines, easements and rights-of-way, their purpose, and their effect on the property to be developed;

11.

The location and right-of-way width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks;

12.

The incorporation and compatible development of present and future streets as shown on the official map adopted by the city commissioners under the thoroughfare plan ordinance, when such present or future streets are affected by the proposed MHRP development;

13.

Access points to collector and arterial streets showing their compliance to the access requirements established by the Palm Beach County Subdivision and Platting Ordinance;

14.

Ground elevations by contour line at intervals of not more than two (2) feet based on N.O.S. datum or as otherwise determined by the City Engineer;

15.

All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be developed;

16.

Generalized statement of subsurface conditions on the property location and results of tests made to ascertain subsurface soil conditions and ground water depth;

17.

Zoning classification of the tract;

18.

Utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract including existing or proposed water treatment plants and sewage treatment plants. The Plan shall contain a statement that all utilities are available and have been coordinated with all required utility authorities;

19.

Sites proposed for parks and recreational facilities;

20.

Submit along with the plan, a traffic impact analysis. The traffic impact analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development, based on ultimate permitted development;

21.

A master drainage plan outlining the primary and secondary drainage facilities needed for the proper development of the park, excluding territory facilities which are required on construction plans, shall be submitted along with the final site development plan. The master drainage plan shall consist of a plan and report indicating the method of drainage, existing water elevations, recurring high water elevations, the proposed design water elevations, drainage structures, canals and ditches and any other pertinent information pertaining to the control of storm and ground water. In cases where modifications or improvements are not planned for primary and secondary drainage facilities, this requirement may be accomplished by so indicating on the final site development plan;

22.

The density, the location of buildings and other improvements, and the location of areas to be set aside as open space shall be shown on a final site development plan for the area to be developed;

23.

In addition, a statement giving the substance of covenants, grants, and easements or other restrictions proposed to be imposed upon the use of land, buildings, and structures shall be provided.

i.

Construction plans and implementation. Upon approval of the final site development plan, the construction plans and implementation shall be coordinated through the city engineer. The construction plans shall coincide with the approval [approved] final site development plan. Changes desired by the developer in the final site development plan must be resubmitted to the building department for review and approval.

j.

Required improvements.

1.

Bridges. Where a park is traversed by or develops canals, water courses, lakes, streams, waterways or channels, bridges shall be provided as necessary to facilitate the proposed street system. The requirement for the bridge is subject to the agency having jurisdiction by the proposed street layout of the development in conjunction with a proposed waterway.

2.

Buffer areas (screening). Parks shall be buffered or screened with a decorative masonry wall, chainlink fence with landscaping or natural barrier from adjacent expressways, arterials, major collectors, or railroad rights-of-way. Buffer areas shall be contained in a non-access strip.

3.

Clearing; grading; filling. The park shall be graded and where necessary filled to comply with the drainage design prescribed in the design criteria. Developers shall be required to clear all roadways and to make all grades, streets, alleys, lots and other areas, compatible for drainage as prescribed in the drainage design.

4.

Drainage. An adequate drainage system, including necessary open ditches, storm sewers, drain inlets, manholes, headwalls, endwalls, culverts, bridges and other appurtenance shall be required in all parks for the positive drainage of storm and ground water. The drainage system shall provide for surface waters affecting the development.

5.

Fire hydrants. Fire hydrants shall be provided.

6.

Monuments. Monuments shall be set along the boundary of the tract as prescribed by F.S. ch. 177, as amended.

7.

Sanitary sewers. Complete sewage collection system, sewage treatment and disposal shall be installed as approved by the government agencies having the appropriate jurisdiction.

8.

Pedestrian circulation. Adequate pedestrian circulation throughout the development must be provided by means of an access bicycle path or other approved system.

9.

Streets. All streets and related facilities required to serve the proposed park shall be constructed by the developer. The construction shall consist, but not be limited to, street grading, base preparation and surface course along with drainage as required in the design criteria section.

10.

Street markers. Street markers shall be provided at each intersection in the type, size and location required by the city. Street name signs shall carry the street name approved on the final site development plan.

11.

Street lighting. Street lights shall be installed at each street intersection and at mid-block locations where the distance between intersections exceeds nine hundred (900) feet and at the end of each cul-de-sac. Such lights shall be required on interior streets, alleys, boundary streets and access paths. Wherever a dangerous condition is created by sharp curves or irregularities in street alignment, additional lights shall be required. The street lights and mounting poles shall be a type approved by the city engineer and shall be wired for underground service.

12.

Central water system. A complete water distribution and treatment system shall be installed.

13.

Traffic control devices. Traffic control devices excluding traffic lights shall be installed in all developments by the city at the developer's expense.

14.

Schools, parks and recreational areas.

a.

Recreation areas. In a proposed development, consideration shall be given to the adequate provision of recreation areas to accommodate the needs of the residents of the development. The recreation areas shall be dedicated to the public or the residents of the development.

b.

School sites. To provide for the orderly growth of the county, it is essential to plan for the provision of public school sites, in order to provide for the influx of people and to accommodate the increasing financial burden to residents created by abnormally rapid growth of the city. In proposed developments, consideration shall be given to the provision of school sites.

The gross residential density for a MHRP development shall not exceed seven (7) mobile home units/gross acre.

Pursuant to more specific requirements and regulations as hereinafter prescribed, residential land use may occupy a maximum land area percentage of the mobile home development of sixty-five (65) percent.

MHRP developments shall contain areas at least equal to the following minimums:

For the purpose of this provision, the total number of mobile home units permitted in the MHRP shall be computed as follows:

MHRP developments shall exhibit and maintain a total open space requirement of at least equal to thirty-five (35) percent of the gross area of the MHRP. The following areas qualify wholly or partially as open space:

1.

Minimum yard setback requirements.

a.

All buildings and structures shall observe the following regulations governing setbacks and yard areas. The distances stated below apply both to the proximity of one mobile home to another as well as to the property line. All developments shall be required to have a buffer area at least fifty (50) feet wide adjacent to and completely around the boundary of the site. However, a buffer of twenty-five (25) feet will be allowed if the remaining twenty-five (25) feet is added to the interior of the project as open space.

b.

Mobile homes shall be parked on each space so that there will be at least twenty (20) feet side-to-side spacing between homes, twenty (20) feet end-to-end spacing between homes and any adjacent property line, twenty-five (25) feet from the side line of any public street or highway, and thirty (30) feet from any building or structure.

c.

Spaces shall be so dimensioned, improved and arranged that when any space is occupied no portion of any unit (including awning or other accessory attachments) shall be within ten (10) feet of any portion of any other unit or any building.

2.

Maximum permitted lot coverage. The total ground floor building area of all buildings and structures shall not exceed thirty-five (35) percent of the total area of the MHRP or development phase.

3.

Special regulations.

a.

Access.

b.

Fences and walls.

c.

Landscaping.

d.

Off-street loading.

e.

Parking, storing, keeping of commercial and recreational vehicles.

f.

Performance standards.

g.

Signs.

h.

Off-street parking.

Parking areas shall be located for convenient access to the living units without impairing the view from the living rooms, entrances to the mobile home or excessively consume front yard space.

Parking of vehicles on arterials or collectors is prohibited.

Parking areas shall be screened.

Parked vehicles may not back out onto any arterial or collector streets. Turning movements for vehicle orientation purposes must be accomplished prior to entering any street of high traffic volumes.

All MHRP developments shall observe and accommodate in the design solution the following objectives and requirements:

1.

General objectives.

a.

To provide a suitable residential environment by utilizing the potential advantages of the site, including suitable placement of the mobile homes and facilities in relation to the site and surrounding influences.

b.

To provide adequate open space related to mobile homes and other land improvements.

c.

To conveniently locate adequate car storage space within a reasonable distance to the mobile home unit.

d.

To preserve those existing trees and other natural features of the site.

e.

To enhance the appearance of the mobile home and grounds with supplemental plantings to screen objectionable features and to control noise from areas or activities beyond the control of the MHRP.

f.

All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and shape of the plot, the character of adjoining property, and the type and size of the mobile home, in order to produce a livable, economical land use pattern.

g.

Arrangements of mobile homes shall be in favorable relation to the natural topography, existing desirable trees, views within and beyond the site, and exposure to the sun and to other mobile homes on the site.

2.

Access and circulation.

a.

Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turning lanes and traffic medians shall be required where existing or anticipated heavy traffic flows indicate needed controls. Minor streets within the MHRP shall not connect with minor streets in adjacent developments in such a way so as to encourage through traffic. In addition, visibility triangles shall be maintained at all intersections.

b.

Access to the mobile homes and circulation between mobile homes and other important project facilities for vehicular and pedestrian traffic shall be comfortable and convenient for the residents.

c.

Access and circulation for fire fighting equipment, furniture moving vans, garbage collection, deliveries and other large utility vehicles shall be planned with the appropriate design criteria as determined by the city engineer.

d.

Streets shall not occupy more land than is required to provide access as indicated, not create unnecessary fragmentation of the development into small blocks, nor shall streets be so laid out or constructed as to interfere with desirable drainage in or adjacent to the development.

e.

All major streets shown on the Master Land Use Plan as arterials or collectors shall be controlled access facilities and the only vehicular access thereto shall be by public or private streets.

f.

Arterial and collector public streets shall connect with similarly classified streets in adjacent developments. If no streets exist, the city engineer shall determine whether future connections are likely and desirable and shall have the authority to alter the design of the MHRP as determined by the criteria established in the subdivision and platting regulations of the city.

3.

Garbage and refuse collection.

a.

Outdoor collection stations shall be provided for garbage and trash removal when individual collection is not made and indoor storage is not provided.

b.

Outdoor collection stations shall not be offensive and shall be enclosed by a fence or wall on at least three (3) sides with a height as high as the containers and in no case less than four (4) feet.

c.

Access to indoor or outdoor collection stations shall be such that the removal vehicle need not make several unnecessary turning or backing movements.

No residential or commercial construction permits shall be issued until the final master land use plan has been approved by the city commission.

1.

Permanent structures and facilities may be allowed under the following conditions for the following uses:

a.

Office. If in an area designated for commercial use on the final master land use plan and subject to the property development and special regulations for commercial uses pursuant to this ordinance.

b.

Gatehouses. For internal project security purposes if properly shown on the final master land use plan and not in conflict with right-of-way and setback requirements of this ordinance, the city's subdivision and platting ordinance.

c.

Public utility or private services and accessory buildings and structures. If properly shown on the final master land use plan and in compliance with all applicable rules and regulations governing such facilities.

d.

Accessory recreation facilities and clubs. In conjunction with the open space or recreation land use system of the MHRP development if properly shown on the final master land use plan.

2.

Temporary structures and facilities may be allowed under the following conditions for the following uses:

a.

Construction trailer. Use of this facility shall be limited to storage and on-site office work. The facility is not to be inhabited overnight.

b.

Watchman mobile home. Use of this facility allows overnight habitation if:

1.

The mobility of the vehicle used as a mobile home or house trailer is maintained.

2.

Sanitary facilities have approval of all governmental agencies having appropriate jurisdiction and permits and inspections for necessary electric and water supply and sewage disposal facilities from the planning and zoning board and building department must be obtained.

3.

The temporary permit is valid for a period of one year.

4.

Requests for extensions of time beyond the initial one year approval are made to the city commission on forms prescribed by the building department. In no case shall the total time exceed a maximum of two (2) years for the initial approval and subsequent extension(s).

5.

Execution of notarized mobile home removal agreement.

6.

No additions or adjuncts shall be permitted to the mobile home except building department approved awnings and demountable screen panels.

c.

Rental models. Placed on the site pursuant to the final master land use plan and all applicable codes and ordinances. The number of rental models shall not exceed eight (8) in number, and shall not be connected to water and sewer facilities. One of the rental models may be used for a temporary office if sanitary facilities are approved by the appropriate governmental agencies.

d.

Mobile home rental office. Use of this facility shall be limited to on-site office work with no overnight habitation and subject to the following:

1.

The mobility of the vehicle used as a mobile home or house trailer must be maintained.

2.

Sanitary facilities must have approval of all governmental agencies having appropriate jurisdiction and permits and inspections for necessary electric and water supply and sewage disposal facilities from the planning and zoning board and building department must be obtained.

3.

The issuance of a valid building permit for a permanent MHRP office.

4.

The temporary permit to be valid for a period of one year.

5.

Requests for extensions of time beyond the initial one year approval shall be made to the city commission on forms prescribed by the building department. In no case shall the total time exceed a maximum of two (2) years for the initial approval and subsequent extension(s).

6.

Execution of notarized mobile home removal agreement.

7.

No additions or adjuncts shall be permitted to the mobile home except building department approved awnings and demountable screen panels.