A.

Purpose and intent. The purpose of this provision is to encourage the accomplishment of a more complete living environment through the application of enlightened and imaginative approaches to community planning and shelter design. This alternative should introduce a variety of architectural solutions, provide for the preservation of natural features and scenic areas, reduce land consumption by roads, separate vehicular and pedestrian circulation systems, originate approaches to a meaningful integration of open space networks and recreation areas within the development, establish neighborhood identity and focus, and ideally provide for the compatible coexistence of man with his environment.

B.

Scope. Although planned unit developments produced in compliance with the provisions and requirements of this section, and other regulations as set forth and defined in this Code may depart from the strict application of use and property development regulations for the district of districts in which the planned unit development is proposed to be located, such developments are to be in compliance with the Comprehensive Land Use Plan, and platted of record in accordance with the procedures for approval of subdivision plats in the Mangonia Park Code of Ordinances.

C.

Conflict with other applicable regulations. Where conflicts exist between these special planned unit development regulations and general zoning, subdivision, and other applicable ordinance provisions, these special regulations shall apply.

D.

Special definitions. All definitions appearing in this Code shall be applicable to this section except to the extent of inconsistency with any special definitions contained herein.

Buffer: A landscaped area along the perimeter of a Planned Unit Development (P.U.D.), set aside to minimize the impact of the P.U.D. on adjacent lands, and to minimize the effect of adverse adjacent land uses on the residents of the P.U.D. No structures or active land uses, except as hereinafter provided, shall be permitted within required buffer areas which shall be shown on the Master Plan, and on all applicable plans and plats.

Contiguous: Lands are contiguous if they abut each other or if separated by streets, ways, easements, pipelines, powerlines, conduits, or rights-of-way under ownership of the petitioner or a governmental agency or subdivision or public or private utility.

Patio home: A single-family detached dwelling unit designed with one continuous windowless zero lot lined exterior side wall or staggered zero lot line walls, planned to accommodate cluster development creating a sheltered private outdoor living area for each dwelling unit.

Planned unit development (PUD): A land area under unified control designed and planned to be developed in a single operation or by a series of prescheduled development phases according to an officially approved Final Master Land Use Plan which does not necessarily correspond to the property development and use regulations of the zoning district in which the development is located.

E.

General requirements and special regulations. The following general requirements and special regulations shall apply to all planned unit developments unless otherwise indicated.

1.

Area/density requirements. No site shall qualify for a Planned Unit Development unless the development consists of a contiguous area of at least three (3) acres, or unless the residential density on the site will exceed 4 DUA, which in either case, PUD zoning is required to be adhered to for residential developments.

2.

Unified control. All land included for purpose of development within a planned unit 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 planned unit 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 exceptions.

b.

Provide agreements, covenants, contracts, deed restrictions, or sureties acceptable to the Town Council 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 (a) and (b) preceding.

d.

Secure written consents and agreements from all property owners of record within the planned unit development boundaries who have not joined in the PUD application that there is no objection to including their property in the overall land planning process of the planned unit development.

3.

Configuration of the site. Any tract of land for which a planned unit development application is made shall contain sufficient width, depth, and frontage on a publicly dedicated street, or have appropriate access thereto to adequately accommodate its proposed use and design. In addition, for sites three (3) acres or larger, to provide for adequate traffic flow, such tract of land/development must provide for a minimum of two (2) separate vehicular ingress and egress access ways, only one (1) of which may be restricted to emergency vehicle access.

4.

Authorized uses.

Any residential structure type and arrangement compatible with the purpose and intent of this special exception.

Residential accessory uses.

Home occupations.

Publicly operated parks and recreation areas or other facilities operated by a nonprofit organization.

Government services and accessory buildings and structures.

Recreational facilities and clubs.

Commercial radio, television, microwave transmission and relay stations and towers.

Churches or places of worship and accessory buildings and structures.

Child care facilities.

Nursing and convalescent facilities.

Clinics, medical, dental, chiropractic and veterinary (outpatient only).

5.

Authorized commercial uses.

Personal services, including but not limited to barbershops, beauty salons, and the like.

Financial institutions.

Drycleaning and laundry and dry cleaning.

Newsstand.

Pharmacy.

6.

Master land use plan. All planned unit development applications shall be accompanied by a Proposed Master Land Use Plan meeting the requirements of this provision. 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.

7.

Application fees and required copies of plans.

a.

Application fees. The fee shall be set by the Town Council.

b.

Required copies of plans.

1)

The applicant shall provide the Town Council with copies of:

a)

Proposed Master Land Use Plan, and attendant documents and information—six (6) copies.

b)

Preliminary Water Land Use Plan and attendant documents and information—six (6) copies.

c)

Final Master Land Use Plan and attendant documents and information—six (6) copies.

2)

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

8.

Professional services required. Any master plan of development submitted as part of a petition for a planned unit 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; and/or

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; and/or

e.

A land surveyor registered by the State of Florida.

9.

Planned Unit Development procedure.

a.

Pre-application conference. Prior to the submission of a formal planned unit development application, the prospective petitioner is encouraged to schedule a pre-application conference with the Planning and Zoning Board having appropriate jurisdiction over the proposed site to present a tentative Proposed Land Use Plan Sketch for review. The pre-application 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 County or adjacent municipalities.

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.

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 pre-application conference, the petitioner shall submit an application for a special exception pursuant to the Code accompanied by a Proposed Master Land Use of Ordinances Plan and attendant documents and information.

c.

Prehearing conference.

1)

After official acceptance of the application by the Town Engineer, the planned unit 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 engineer.

2)

The purpose of such prehearing conference is to assist the applicant in bringing the planned unit development application and Proposed Master Land Use Plan as nearly as possible into conformity with the intent of these and other applicable county 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.

3)

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 department file for the subject planned unit development.

4)

Pursuant to the Code, upon completion of the amendments or revisions to the Proposed Master Land Use Plan as requested by the Town Engineer to meet the requirements and regulations of this Code, the application shall be certified for inclusion on the next official Agenda of the Planning and Zoning Board.

d.

Notice and hearing; Planning and Zoning Board. Pursuant to Ordinance 1-87-431, a duly noticed public hearing on the planned unit development application shall be held within thirty (30) days of the date of the Town Engineer's certification for inclusion on an Official Planning and Zoning Board Agenda.

e.

Notice and hearing; Town Council. A duly noticed public hearing on the planned unit development application shall be held within thirty (30) days of the date of the rendering of the Planning and Zoning Board advisory recommendation on the application.

f.

Site plan review. Site plan shall be reviewed in accordance to Appendix A Zoning Section of the Code of Ordinances.

g.

Final Master Land Use Plan certification and platting.

1)

Certification. The final plat must be filed in the office of the Clerk of the Circuit Court within one (1) year of the date of Town Council approval of the planned unit development.

2)

Phasing controls. If the Final Master Land Use Plan is to be developed in phases or stages requiring more than one (1) final plat, successive plats must be filed so that construction and development activity shall be of a reasonable continuous nature; but in no event shall more than two (2) years plus one (1) additional two (2) year extension period elapse between the filing of successive plats. Upon the expiration of any time period established by this section, the approval for the planned unit development shall be subject to mandatory review by the Town Council. Should a Planned Unit Development be constructed in phases requiring more than one (1) plat, the following sequence must be adhered to:

a)

A major recreation facility or recreation facilities, planned to serve the entire development, shall be platted prior to the platting of more than forty (40) percent of the total permitted dwelling units.

b)

The commercial facilities shall not be platted prior to the platting of at least twenty (20) percent of the total permitted dwelling units.

c)

The gross density of an individual plat shall not exceed the maximum density permitted for the entire development unless the instant plat considered in conjunction with all previously recorded plats of record produces an average density less than or equal to the approved maximum density for the entire planned unit development.

3)

Platting. Each plat shall be in compliance with the provisions of Chapter 177, Florida Statutes and the Mangonia Park Subdivision and Platting Regulations Ordinance, as both may be amended from time to time.

4)

Site plan. 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 site plan for the area to be platted and shall be approved by the Town Engineer prior to or in conjunction with the submission of each plat in final form. The site plan shall be a timetable reproducible made from the applicable final plat with the following information indicated in India ink:

a)

Building pad corners and corner ties.

b)

The parking layout and typical dimension.

c)

Open space area calculations and building pad area, and calculations on attachments.

d)

Density calculations for each development lot, and calculations on attachments.

e)

A statement from the Town Attorney approving the substance of property owners agreement, condominium documents, covenants, grants, and easements or other restrictions proposed to be imposed upon the use of land, building, and structures shall be provided within a reasonable time not to exceed thirty (30) days from the time of the submission of the documents.

f)

A key map of the approved Master Land Use Plan for the development shall appear on the site plan, showing the location of said site plan.

5)

Final plat approval. When a plat is submitted to the Town Council it shall be in conformance with the requirements for filing plats contained in the Mangonia Park and State Law.

h.

Modification of PUD Master Plan. Any modification to a PUD Master Plan shall comply with the provisions of the Code.

F.

Planned Unit Development; residential density. This section establishes the maximum total density to be permitted for any given Planned Unit Development (PUD).

1.

Standard density. The standard density of a Planned Unit Development to be permitted shall be that of the appropriate land use plan category and Zoning District as listed in the residential density table and provided that all mandatory performance standards of the Land Use Element of the Comprehensive Plan are being met for that density.

2.

[Reserved.]

G.

Maximum area limitations. Pursuant to more specific requirements and regulations as hereinafter prescribed, the following percentages express the maximum land area of the planned unit development the specific land uses may occupy:

Residential, percent of gross area .....65

Commercial, percent of gross area .....2

H.

Minimum area limitations. Planned unit development shall contain areas at least equal to the following minimums as a portion of the total open space requirement of thirty-five (35) percent of the gross area of the PUD:

Passive and active recreation—2 acres per 1000 population. PUD population shall be determined by Town's persons per household standard.

Stormwater retention/detention—15 percent of gross area or as permitted to serve the development area.

I.

Total residential dwelling unit computation. For the purpose of this provision, the total number of dwelling units permitted in the PUD shall be computed as follows:

J.

Open space requirement and computation. Planned Unit Developments shall exhibit and maintain a total open space requirement at least equal to thirty-five (35) percent of the gross area of the PUD.

The following areas qualify as open space:

All areas other than those contained in public and private streets, vehicular use areas and building footprints.

K.

Property Development Regulations for Planned Unit Developments; Residential Uses.

1.

Minimum yard setback requirements. All buildings and structures shall comply with the following regulations governing setbacks and yard areas. The distances stated below apply both to the proximity of one (1) building to another as well as to the property lines. All developments shall be required to have a buffer area of at least twenty-five (25) feet wide adjacent to and completely around the boundary of the PUD site, except that:

The perimeter buffer may be waived or reduced in width by approval of the Town Council through PUD conditions of approval, upon review of the Proposed Master Land Use Plan. The master plan shall indicate that the impacts on surrounding uses are effectively mitigated by the proposed site layout and buffer design.

The required buffer area may be made a part of townhouse or patio home design lots. However, these lots must meet the minimum standards for such lots, exclusive of the buffer area. Native vegetation within required buffer areas shall be preserved, where possible, and the installation of supplemental planting is encouraged. Pedestrian paths, bicycle trails, or other low intensity recreational uses may be permitted within buffer areas, if shown on the approved master plan.

Perimeter property line setbacks shall be a minimum of twenty-five (25) feet for all multifamily structures.

2.

Maximum permitted lot coverage. The total ground floor building area of all buildings and structures shall not exceed sixty-five (65) percent of the total area of the PUD or development phase.

3.

Minimum floor area requirements:

Efficiency: 400 square feet

One bedroom: 700 square feet

Two bedrooms: 900 square feet

Three bedrooms: 1100 square feet

More than three bedrooms: 1,100 square feet with one hundred (100) square feet for each additional bedroom

4.

Single-family design.

a.

Single-family detached design (separate). In the event that a portion of the Planned Unit Development is proposed as a standard single-family development, the minimum lot area and dimensions shall be as follows:

Area: 7,500 square feet

Width (interior): 65 feet

Width (corner): 75 feet

Depth: 100 feet

Frontage: 65 feet

The single-family detached dwelling unit shall meet the setback requirements of the R1-Residential Single-Family Zoning District.

b.

Single-family detached design; cluster. Single-family residential houses may be clustered in groupings where they are adjacent to areas of common ownership. Each lot size shall be no less than one hundred (100) percent of the total ground floor area of the residential structure on such lot. No other minimum lot area or dimensions shall be required for such structures.

Separation between structures shall meet the following minimum distances:

Front: 25 feet

Side: 15 feet

Rear: 15 feet

In addition, structures shall meet the following setbacks from right-of-way:

Front: 25 feet

Side (corner): 15 feet

In any Planned Unit Development containing structures on lots permitted by this section, ownership of the common areas, which includes open space, shall be held by either: (1) the lot owners, in which event, each lot owner shall have an undivided interest in the common areas which shall be appurtenant to his lot. The undivided interest in the common area shall not be conveyed separately from the ownership of said lot; or (2) a property owners' association; or (3) a combination of (1) and (2) above.

In the event any residential unit built under this section is destroyed or removed by or for any cause, if replaced said unit shall be replaced with a unit of at least similar size and type, however, not exceeding the dimension of the previous unit.

c.

Single-family detached design-patio home. In the event any portion of a Planned Unit Development has proposed cluster development pursuant to this section, the minimum lot area and dimensions shall be as follows:

Area: 4,500 square feet

Width (interior): 45 feet

Width (corner): 60 feet

Depth: 75 feet

Frontage (measured at minimum front setback): 45 feet

Patio home lots shall be conveyed in fee simple. The minimum setback requirements shall be as follows, measured from property lines:

Front: 10 feet*

Side (interior): 10 feet

Side (zero lot line): 0 feet*

Side (corner): 20 feet

Rear: 10 feet

*Except as noted below.

However, the minimum front yard setback for a garage or carport with the entrance facing the front property line shall be twenty-five (25) feet. However, the minimum front yard setback for a garage or carport with the entrance facing the side property line shall be ten (10) feet.

A portion of the zero lot line side of the structure (maximum fifty (50) percent) may be recessed from the lot line to accommodate entrances into the unit. The minimum recessed distance shall be four (4) feet. However, such recesses shall not be adjacent to the private outdoor areas of the adjacent unit. In such instances the configuration and location of the adjacent unit must be shown on the building permit submitted.

In all cases, easements located on any lot developed pursuant to this section shall be calculated as an integral part of the applicable setback. No construction shall be permitted within an established easement. Roof eaves may project over the zero lot line up to a maximum of eighteen (18) inches if adequate gutters are provided to prevent runoff onto the contiguous property, and if an appropriate easement is recorded for the roof encroachment (subject to approval by the Town Attorney). Eaves or other overhangs may not project over utility easements.

The maximum height shall be twenty-five (25) feet above the average grade of the lot front. The maximum lot coverage of the principal building shall not exceed fifty (50) percent of the lot area. In all cases, at least twenty (20) percent of the lot shall be maintained as permeable area requirement. Accessory buildings must meet the setback requirements for the principal structure. Any development containing structures on lots permitted by this section shall have a zero lot line along one (1) side interior property line so as to create a sheltered private outdoor recreation area for each dwelling unit.

On every lot created pursuant to this section, walls or privacy fences (or combinations thereof) shall be constructed along the zero lot lines from the rear of the principal structure to the rear property line at least five (5) feet in height. If the use of an atrium is employed along the zero lot line side of the principal structure to provide light, air, and means of emergency escape, a gate may be installed for emergency exit purposes. However, such gate must be not more than thirty (30) inches in width, a minimum of six (6) feet eight (8) inches in height, must be solid (to maintain privacy), and must be operable only from the inside.

The concept of staggered zero lot line design patio homes may be utilized. However, in such instances, the configuration and location of all sublets and dwelling units must be specifically detailed as a part of the site plan review submittal. In no event shall separations between units be less than ten (10) feet.

In the event any residential unit built under this section is destroyed or removed by or for any cause, said unit, if replaced shall be replaced with a unit of similar size and type, meeting the minimum requirements of this section. The developer shall include the appropriate deed restrictions and/or covenants so as to require replacement as outlined above. Patio home lots may be arranged in groups or clusters (fronting on parking tracts or on dedicated streets). Each patio home shall have a minimum of two (2) parking spaces.

d.

Duplex or Townhouse. Residential structures may be placed on any two (2) or more lots contiguous to the interior property line common to their ownership. Each lot size shall be no less than one hundred (100) percent of the total ground floor building area of the residential structure on such lot. No other minimum lot area or dimensions shall be required for such structures. No openings of any kind shall be permitted on the interior property line wall.

Building separation between townhouse clusters (including patios included on any townhouse lot) shall meet the following minimum distances:

Front: 25 feet

Side: 15 feet

Rear: 15 feet

In addition, structures shall meet the following setbacks from right-of-way or vehicular ingress/egress access way:

Front: 20 feet

Side (corner): 15 feet

There shall be no required setbacks from parking tracts.

In any Planned Unit Development containing structures on lots permitted by this section, ownership of the common areas, which includes open space, shall be held by either: (1) the lot owners, in which event, each lot owner shall have an undivided interest in the common areas which shall be appurtenant to his lot. The undivided interest in the common area shall not be conveyed separately from the ownership of said lot; or (2) a property owners' association; or (3) a combination of (1) and (2) above.

In any Planned Unit Development containing structures on lots permitted by this section, the developer shall agree to provide and record agreements, covenants or deed restrictions, in a form acceptable by the Town Attorney, running with the land. The agreements, covenants or deed restrictions shall provide for the maintenance of the common areas. They shall also provide that the portion of the plat containing open space may not be vacated in whole or in part unless the entire plat is vacated. In the event any residential unit built under this section is destroyed or removed by or for any cause, if replaced said unit shall be replaced with a unit of at least similar size and type, however, not exceeding the dimensions of the previous unit.

A townhouse cluster shall be constructed as a whole, and no Certificate of Occupancy for a Townhouse unit shall be issued until completion of that whole.

5.

Special regulations.

a.

Access.

b.

Fences and Walls. The height and location of all fences, walls and hedges shall be subject to the following regulations:

Generally, walls shall not exceed four (4) feet in height and fences shall not exceed six (6) feet in height in a PUD, however, the height of walls and fences within a landscape buffer required in a PUD shall be determined by the Town Council upon review of the Proposed Master Land Use Plan, but in no case shall exceed eight (8) feet in height.

c.

Landscaping.

d.

Off-street loading.

e.

Parking, storing, keeping of commercial and recreational vehicles.

f.

Performance standards.

g.

Signs.

h.

Off-street parking. A minimum of two (2) parking spaces per dwelling unit shall be required; however, one and one-half (1½) spaces per dwelling unit may be constructed and the area required for the additional one-half (½) space per dwelling unit shall be set aside and indicated on the Master Plan as future parking area to remain as open green space until the need for it occurs. In addition, parking spaces located at recreational facilities may be calculated in fulfilling the one-half (½) reserve space requirement for those residential units located within six hundred (600) feet of such facility.

Parking areas shall be located for convenient access to the living units without impairing entrances to the dwelling units.

Parking of vehicles on arterials or collectors is prohibited.

Parking areas shall be screened as required by the Town Council.

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

Enclosed garages, carports, driveways and common area parking tracts may be used for off-street parking; Rights-of-way, vehicular ingress/egress accessways, or sidewalk areas shall not be used for off-street parking purposes.

Parking bay design shall be governed by the Mangonia Park Code of Ordinances.

L.

Property development regulations for Planned Unit Developments; commercial use.

1.

Lot area and dimensions:

Minimum area: One (1) acre

Maximum area: Two (2) percent of the total gross area of the PUD

Width: 200 feet

Depth: 200 feet

Frontage: 200 feet

2.

Minimum yard setback requirements:

Front: 60 feet

Side (interior): 60 feet

Side (corner): 60 feet

Rear: 60 feet

3.

Maximum building height, total floor area:

Maximum building height: 25 feet

Total floor area: 30 percent of the total lot area

4.

Minimum off-street parking and loading requirements.

5.

Commercial uses contained within a residential structure. Limited to a total floor area not to exceed ten (10) percent of the gross residential floor area contained therein, exclusive of vehicular parking and service areas, and limited to such areas as restaurants, delicatessens, and such personal services as beauty shops, barber shops, drug stores, and professional offices.

6.

Special regulations:

a.

Enclosed uses. All uses, except automobile service stations shall be operated entirely within enclosed buildings.

b.

Operating hours. No commercial use shall commence business activities (including delivery and stocking operations) prior to 6:00 a.m. nor continue activities later than 11:00 p.m. except as otherwise provided in this Code.

c.

Lighting. Artificial lighting used to illuminate the premises and/or advertising copy shall be directed away from adjacent properties and shall be extinguished no later than 11:00 p.m. of the regular business day.

d.

Outdoor storage. Outdoor storage of merchandise shall be permitted only when incidental to the commercial use located on the premises provided that:

1)

The storage area shall not be located in any of the required setbacks or yards.

2)

The stored merchandise shall not protrude above the height of the enclosing walls or buildings.

e.

Access. See this Code.

f.

Landscaping. See this Code.

g.

Fences and walls. See this Code.

h.

Performance standards. See this Code.

i.

Signs. See this Code.

j.

Buffer. See this Code.

M.

Design criteria. All Planned Unit Developments shall observe and accommodate in the design solution the following objectives and requirements.

1.

General objectives.

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 PUD shall not connect with minor streets in adjacent developments in such a way so as to encourage through traffic, unless specifically approved by Town Council upon review of the Proposed Master Land Use Plan. In addition, visibility triangles shall be maintained at all intersections.

b.

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

c.

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

d.

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

e.

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

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 tract, the character of the adjoining property, and the type and size of the buildings, in order to produce a livable economical land use pattern.

g.

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

h.

Those designated commercial areas within the interior of the project shall be designated for the convenience of the project residents.

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 PUD shall not connect with minor streets in adjacent developments in such a way so as to encourage through traffic unless specifically approved by Town Council upon review of the Proposed Master Land Use Plan. In addition, visibility triangles shall be maintained at all intersections.

b.

Access to the dwellings and circulation between buildings 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 Town 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 streets whether public or private shall connect with similarly classified streets in adjacent developments. If no streets exist, the Town Engineer shall determine whether future connections are likely and desirable and shall have the authority to alter the design of the PUD to accommodate his judgment.

g.

Access to commercial facilities shall be from an arterial or collector which is part of the interior circulation system within the Planned Unit Development. No commercial facility shall maintain frontage or direct physical access on any arterial or collector bordering or traversing the Planned Unit Development tract.

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 at least 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.

N.

Permanent and temporary structures and facilities.

1.

Permanent structures and facilities. No residential or commercial construction permits shall be issued unless the Final Master Land Use Plan has been approved by the Town Council and the final plat for the entire development or phase of development has been recorded as a plat of record.

However, permits for permanent structures and facilities may be issued prior to recording a final plat but not before Final Master Land Use Plan approval provided a site plan for the structure is approved by the Town Council under the following conditions for the following uses.

a.

Real estate sales 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 Code.

b.

Sales models. Erected on the site pursuant to all applicable codes and ordinances. The number of sales models shall not exceed eight (8) in number, and shall not be connected to water and sewer facilities until a plat of record has been recorded for the master plan area in which the models are located. One of the sales models may be used for a temporary real estate office if sanitary facilities are approved by the appropriate government agencies.

c.

Gatehouses. For internal project security if not in conflict with right-of-way and setback requirements of this Code, and the Mangonia Park Code of Ordinances.

d.

Public utilities or private services and accessory buildings and structures. If in compliances with all applicable rules and regulations governing such facilities.

e.

Accessory recreation facilities and clubs. In conjunction with the open space or recreation land use system of the Planned Unit Development.

2.

Temporary structures and facilities. Permits for temporary structures may be issued prior to recording a final plat but not before Final Master Land Use Plan approval by the Town Council 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.

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

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 must be obtained.

3)

The temporary permit to be valid for a period of one (1) year.

4)

Requests for extensions of time beyond the initial one-year approval shall be made to the Town Council on forms prescribed by the Town. 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 for adjuncts shall be permitted to the mobile home except town approved awnings and demountable screen panels.

c.

Mobile home real estate sales office. Use of this facility shall be limited to onsite 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 must be obtained.

3)

The issuance of a valid building permit for a permanent Real Estate Sales Office or permanent Sales Models.

4)

The temporary permit to be valid for a period one (1) year.

5)

Requests for extensions of time beyond the initial one-year approval shall be made to the Town Council on forms prescribed by the Town. 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 town approved awnings and demountable screen panels.

(Ord. No. 5-87-438, § 1, 6-2-87; Ord. No. 2-90-506, § 7, 2-20-90; Ord. No. 07-06, § 4, 6-5-07; Ord. No. 2014-01, § 4, 3-18-14)