1.

Uses Permitted: Business services, professional services, personal services, the retail sales and service of goods and commodities including drive-in restaurants are permitted in this district.

2.

Site Plan and Building Plan Approval: No shopping center may be developed or expanded without a building permit issued by the Town under the rules and regulations contained in this Ordinance and under the other provisions of the Mangonia Park Code of Ordinances. The Building Official may not issue a permit for a shopping center or the expansion of same until the site plans and building plans for such shopping center or expansion has the approval of the Town Council, which approval shall be given, provided the plans as submitted meet the requirements contained in this Ordinance.

3.

Building Plan Requirements: For the purposes of this Section, the building plan requirements shall consist only of the items listed and one (1) copy shall be submitted. The various portions of the building plan shall be of such scale as to meet clearly the following requirements or to give the following information:

a)

The name of the architect or engineer who prepared the plans.

b)

Floor plan(s) and elevations.

c)

Perspective sketch(s) or rendering(s) of the exterior of the structure(s) on the street frontage or frontages, showing form, mass, and exterior materials.

d)

Outline specifications, including size, type and location of on-site signs and location and outline specifications of all proposed exterior lighting of whatsoever type.

e)

Outline specifications for paving (if paving is required) of all means of ingress and egress and parking, loading, and service areas.

f)

Outline specifications for screening or buffers.

4.

Lot and Building Requirements and Standards:

a)

Minimum area, 5 acres

b)

Minimum depth, 100 feet

c)

Maximum building height, 35 feet

d)

Minimum setback of any building from any property line, 15 feet

e)

Utility of title, covenant in lieu thereof. In SC Shopping Center District, all applications for site plan approval shall be accompanied by one of the following documents:

(1)

A Unity of Title, approved for legal form and sufficiency by the Town Attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgages or lessees and others presently or in the future having any interest in the property; or

(2)

A Declaration of Restrictive Covenants, approved for legal form and sufficiency by the Town Attorney, which shall run with the land and be binding upon the heirs, successors, personal representatives and assigns, and upon all mortgagees and lessees and others presently or in the future having any interest in the property. The Declaration shall contain the following necessary elements:

(a)

That the proposed site will be developed in substantial accordance with the proferred site plan. That no modification shall be effectuated without the written consent of the Town Council of Mangonia Park, Florida.

(b)

That if the business property will be developed in phases, that each phase will be developed in accordance with the site plan.

(c)

That in the event of multiple ownerships subsequent to site plan approval, that each of the subsequent owners shall be bound by the terms, provisions and conditions of the Declaration of Restrictive Covenants. The owner shall further agree that he or she will not convey portions of the subject property to other parties unless and until the owner and such other party (parties) shall have executed and mutually delivered, in recordable form; an instrument to be known as an "Easement and Operating Agreement" which shall contain among other things: (i) easements in the common area of each parcel for ingress to and egress from the other parcels; (ii) easements in the common area of each parcel for the passage and parking of vehicles; (iii) easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) easements for access roads across the common area of each parcel to public and private roadways; (v) easements for the installations, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; (vii) easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; (ix) easements on each such parcel for building overhangs and other overhangs and projections encroaching upon such parcel from adjoining parcel such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) appropriate reservation of rights to grant easements to utility companies; (xi) appropriate reservation of rights to dedicate road right-of-ways and curb cuts; (xii) easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These provisions or portions thereof may be waived by the Town Council if they are not applicable to the subject application. These provisions of the "Easement and Operating Agreement" shall not be amended without prior written approval by the Town Attorney. In addition, such Easement and Operating Agreement shall contain such other provisions with respect to the operation, maintenance and development of the shopping center as to which the parties thereto may agree, all to the end that although the property may have several owners, it will be constructed, conveyed, maintained and operated in accordance with the approved overall site plan and with individual site plan when applicable.

(d)

The Declaration of Restrictive Covenants shall be in effect for a period of thirty (30) years from the date the documents are recorded in the public records of Palm Beach County, Florida, after which time they shall be extended automatically for successive periods of ten (10) years unless release in writing by the owners and the Town Council of Mangonia Park, Florida.

(e)

Enforcement of the Declaration of Restrictive Covenants shall be by action at law or in equity with costs and reasonable attorney's fees to the prevailing party.

f)

All parking areas shall be designed, paved and located so as to meet the requirements of Section 16 of this Ordinance. All points of access shall be to a public street; however, there shall be no public streets or alleys within the shopping center. All loading and unloading shall be done on the shopping center property.

g)

The shopping center shall be permanently screened from adjoining and contiguous residential districts by a masonry or concrete block wall of a minimum height of six (6) feet, with suitable ventilation and painted on both sides if determined necessary by site plan review. The Town may waive the requirement for a screening device if equivalent screening is provided by existing parks, parkways, recreation areas or by topography or other natural conditions.

h)

Areas used by motor vehicles shall be physically separated from public streets by a buffer strip or other effective and suitable barrier against unchanneled motor vehicle access or egress, and shall not have more than two (2) accessways to any one public street, such accessways to be located a safe distance of at least two hundred (200) feet from the intersection of any street right-of-way lines, unless unusual circumstances demonstrate the need for additional access points or lesser minimum distances.

(Ord. No. 3-79-266, § 3, 3-6-79; Ord. No. 268, § 1, 2-20-79; Ord. No. 3-79-269, § 1, 3-6-79; Ord. No. 02-82-326, § 1, 2-2-82; Ord. No. 10-87-455, § 1, 11-3-87)