1.

The following regulations shall govern development within all established zoning districts:

A.

Only the following uses shall be permitted within zone districts. Any use not specifically mentioned as being permitted shall be considered as prohibited. Any non-specified use existing at the time of passage of this Ordinance shall be considered non-conforming.

Permitted Uses: See SCHEDULE OF DISTRICT REGULATIONS.

B.

Lot and Building Requirements: The principal building and accessory buildings shall be located and constructed in accordance with the SCHEDULE OF DISTRICT REGULATIONS.

C.

Nuisances: No use shall be made of any property within any zoning district that shall in any way be offensive or noxious by reason of the emission of odors, gases, dust, smoke, vibration or noise, nor shall anything be constructed or maintained in any zoning district that would in any way constitute an eye-sore or nuisance to adjacent property owners, residents, or to the community.

D.

Minimum Building Area for Residential Uses: Shall be as follows:

1.

SINGLE-FAMILY DWELLINGS

A.

2 BEDROOMS       1,000 SQUARE FEET

B.

3 OR MORE BEDROOMS       1,100 SQUARE FEET

2.

MULTIPLE-FAMILY DWELLINGS

A.

1 BEDROOM       700 SQUARE FEET

B.

2 BEDROOMS       900 SQUARE FEET

C.

3 OR MOEE BEDROOMS       1,100 SQUARE FEET

E.

Excessive Number of Persons: The use of any property zoned for residential purposes or the use of any dwelling unit by a larger number of persons than such property or dwelling unit is zoned for or designed to accommodate is hereby declared to be a violation of this Ordinance.

It shall be unlawful for the owner, lessee, or other person in the legal possession or control of any property zoned for residential purposes, or of any dwelling unit, to use or allow such property or dwelling unit to be used for the purpose of holding conventions, meetings, or entertaining on a continuing regular basis a larger number of persons than such property or dwelling unit is zoned for or designed to accommodate.

Nothing contained in this Ordinance shall be deemed to prohibit the entertainment of bona fide guests of the owner, lessee, or other person in legal possession or control of any dwelling unit. However, a continuing or regular invitation to persons shall not be considered as the entertainment of bona fide guests within the meaning of this Ordinance, but shall be deemed equivalent to the creation of a club, thereby contrary to the terms of residential zoning requirements.

F.

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

1.

Walls shall not exceed four (4) feet in height and fences shall not exceed six (6) feet in height in Residential Zoning Districts; Walls and fences, other than separator walls, shall not exceed four (4) feet in height in "AP" District; walls shall not exceed six (6) feet in height and fences shall not exceed ten (10) feet in height in "CR", "CL", and "SC" Zoning Districts; walls and fences shall not exceed ten (10) feet in height in "I" Zoning District. Anything to the contrary contained herein notwithstanding, provisions of ordinances or the Code of Ordinances that require different fence or wall heights on corners shall be controlling.

2.

In the event one lot, or portion thereof, and the whole or a portion of a contiguous lot, all in one ownership, shall be used as one building site for one residence building, and its appurtenant outbuildings permitted by this Ordinance then while so owned and used the side lines and rear line of such site shall be deemed to be the side and rear lot lines of such sites.

3.

On any corner lot on which a front yard is required by the Ordinance, no fence, wall, or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained on such location within such required front yard space so as to cause danger to traffic by obstructing or obscuring the view.

4.

At the real property zoned "AP" Administrative and Professional District, "CB" Commercial Recreation, "CL" Commercial Limited, "SC" Shopping Center, or "I" Industrial, that is adjacent to and contiguous with real property zoned "R-E" Residential Estate, "R-1" Low Density Single-Family Residential, or "R-2" High Density Multiple-Family Residential, a buffer/wall considered appropriate and acceptable to the Town Council, six (6) feet in height, shall be constructed to separate real property in said districts from such residential property.

G.

Swimming Pools: All swimming pools including above ground portable pools shall be set back at least seven and one-half (7½) feet from the back property line measured from the rim of the pool and not less than seven and one-half (7½) feet from the side property line including the two and one-half (2½) feet walk around the pool. Exclusive of slides, diving boards and other accessories, the highest projection of the swimming pool shall not exceed four (4) feet. For additional swimming pool regulations, see Chapter 24 of the Town of Mangonia Park Code of Ordinances.

H.

Outdoor Fireplaces: Not to exceed six (6) feet in height may be erected and maintained within five (5) feet of the rear lot line.

I.

Garage or Utility Building Setback: Shall be a minimum of ten (10) feet from rear and sides of lot.

J.

Supplemental Regulations to Height Limits: Structures for the housing of elevators, stairways, tanks, skylights, ventilating fans, air conditioning or similar equipment required to operate and maintain a building, radio, and television antenna, flag poles and chimneys may be erected above the height limits as prescribed by this Ordinance provided that said structures are designed so as to blend architecturally with the building.

K.

Railroad Sidings: Where railroad sidings are provided, building or platform setbacks shall conform to approved railroad siding setback requirements.

L.

Mobile Homes, Trailers, Travel Trailers, Recreational, and Commercial Vehicles:

1.

At no time shall a mobile home, travel trailer, trailer, recreational vehicle or other similar use be occupied or used for business, living, sleeping, or housekeeping purposes in any residential or commercial zoning district, without express permission granted by the Town Council. The Town Council is hereby authorized to permit mobile home, travel trailer, trailer or recreational vehicle occupancy or use in any residential or commercial zoning district on a temporary basis when the applicant demonstrates extraordinary circumstances. The Town Council shall set time limits and other conditions it deems appropriate for any such occupancy or use.

2.

Any vehicle, trailer, travel trailer, or recreational vehicle parked or stored in any required yard must display a valid State of Florida Vehicle Inspection sticker and/or a valid State of Florida license tag, if required by state law. Said vehicle must be operable and shall be parked in a designated parking space as provided for in Section 16 of this Ordinance.

3.

Residential:

(a)

Parking of certain commercial vehicles and trucks prohibited.

i.

Prohibition. Commercial vehicles and trucks (over one (1) ton capacity) shall not be parked in the front, side, or rear yards of any residentially-zoned property.

ii.

Exemption. Any vehicle that has commercial lettering, markings or advertising shall be considered to be a commercial vehicle unless the lettering, markings or advertising is on a removable or concealable sign which is removed or concealed when the vehicle is parked, or unless the letterings, markings or advertising are installed as a partial or full vinyl wrap on a vehicle less than six (6) feet in height.

(b)

No vehicle of any type shall be parked in any front yard for the purpose of a long-term repair. For the purpose of this Section, long-term repair shall consist of any one (1) twenty-four-hour period within any thirty (30) consecutive days.

4.

Administrative and Professional District, Commercial Recreation, Commercial Limited and Shopping Center:

(a)

Long-term parking and storage of the vehicles mentioned in (a) above is expressly prohibited except as set forth above. For the purpose of this Section, long-term parking is defined as a period of time consisting of three (3) or more consecutive days within a month.

(b)

No conveyance other than a passenger motor vehicle shall be parked overnight in any yard; except as a temporary convenience, a boat, camper, trailer, or other recreational vehicle may be parked in any yard, except the front yard, during and for not longer than one (1) seventy-two-hour period within any thirty (30) consecutive days, or as set forth above.

M.

Helistops:

1.

Intent. Since the Federal Aviation Administration of the U.S. Department of Transportation ("the FAA") and the Florida Department of Transportation have comprehensive rules and regulations regarding the construction and location of helistops, it is the intent of this Ordinance to provide no further such rules and regulations but to provide for local enforcement of those rules and regulations.

2.

Operation, Maintenance and Use of Helistops. No person shall construct, operate, maintain or use a helistop unless such helistop is constructed, operated, maintained and used in accordance with the rules and regulation of the FAA and the Florida Department of Transportation. Failure of any person to comply with the Rules and Regulations of the FAA or the Florida Department of Transportation shall be considered a violation of this Ordinance.

N.

Health Care Facilities, Medical Outpatient Facilities and Professional Medical or Dental Offices shall be subject to the following regulations:

On-site dispensing of controlled substances that are identified in Schedule II, III, IV of Section 893.03, or controlled substances that are identified in Sections 893.035 or 893.0356, Florida Statutes, is strictly prohibited, unless otherwise expressly permitted by statutory or general law. However, the following are exempt from this prohibition:

1.

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session.

2.

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed by the state.

3.

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital.

4.

A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16.

5.

A health care practitioner when dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient.

6.

Additionally, the health care practitioner responsible for the operation or supervision of any health care facility, medical outpatient facility, or medical or dental office shall execute an affidavit acknowledging the regulations set forth hereinabove prior to payment of the required business tax, and annually thereafter upon renewal of same prior to the issuance of a business tax receipt. Failure or refusal to execute the required affidavit shall constitute prima facie evidence that the subject medical or dental office is operating in violation of the code of ordinances, which may result in code enforcement action, revocation of business tax receipt, and/or any other actions permitted by law.

(Ord. No. 269, §§ 3—5, 3-6-79; Ord. No. 1-81-303, §§ 1, 2, 1-6-81; Ord. No. 6-81-316, § 1, 6-16-81; Ord. No. 6-81-317, § 1, 6-16-81; Ord. No. 05-03, § 1, 6-7-05; Ord. No. 10-01, § 2, 3-2-10; Ord. No. 2022-02, § 2, 10-18-22)