For the purpose of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:

1.

Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the words "plot" or "parcel"; the word "building" includes any structure other than a boundary fence or wall.

2.

The word "shall" is mandatory, the word "may" is permissive.

3.

The word "use" or "occupied" includes the words "intended, utilized, designed, or arranged to be used or occupied".

4.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as individual.

5.

Any word or term not interpreted or defined by this Article shall be used with a meaning of common or standard utilization.

6.

Access. The principal means of ingress and egress to abutting property from a publicly dedicated right-of-way.

7.

Accessory Building. A subordinate building or structure on the same lot with the principal or main building, or the part of the main building occupied by or devoted exclusively to an accessory use.

8.

Accessory Use. A use customarily incidental and subordinate to the principal use or building located on the same lot as the principal use or building.

9.

Acreage. That land lying within the Town limits which has not been subdivided according to the records on file in the office of the Clerk of the Circuit Court, in and for the County of Palm Beach.

9.1.

Adequate Screening. A fence or barrier of ninety (90) percent opaque living plant material six (6) feet high, provided that the materials stored within the fenced or otherwise screened area do not exceed six (6) feet in height.

10.

Adjacent. That which lies near or close to, not widely separated or necessarily touching.

11.

Adjoining. That which is joined or united, actually touching.

11.1.

Adult Bookstore. Bookstores as defined in Chapter 2A, "Adult Bookstores, Adult Motion Picture Theatres and Adult Motels and Hotels," Code of Ordinances, Town of Mangonia Park, Florida.

12.

Alley. A dedicated public right-of-way other than a street which provides only a secondary means of access to abutting property, is not over twenty (20) feet in width and is not intended for general traffic circulation.

13.

Alterations. Any modifications, additions, or change in construction or type of occupancy, or change and arrangement in the structural parts of a building; any enlargement of a building, whether by extending a side or by increasing in height; or the moving from one location to another.

14.

Apartment. Any building or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other with their own separate cooking facilities in a building designed with separate entrances for each unit.

15.

Apartment, Efficiency. A dwelling unit consisting of one room, other than a bathroom, providing cooking facilities.

16.

Apartment House. Any building where separate accommodations are supplied for more than two (2) families living independently of each other.

17.

Area, Minimum Building. See Minimum Building Area.

17.1.

Automobile Service Station. An establishment wherein the primary purpose is to service automobiles by providing repairs to automobiles, whether the repairs are to automobile engines, or by changing oil, or by washing automobiles, or by repairing upholstery, or by tinting windows, or by painting, or other similar services, or by selling gasoline.

18.

Basement. A story, the floor of which is two (2) feet or more underground and having at least one-half of its height above the average level of the adjoining ground. A basement shall not be considered a story with regard to height regulations mentioned in this Ordinance if the same does not exceed eight (8) feet in height above the average level of the adjoining ground.

18.1.

Bioscience. Non-residential land uses that will support the Scripps Florida Research Institute or any other similar research facility located in proximity to the Town. These uses include research, technology development and support, laboratories, manufacturing for clinical research facilities, commercial, office or retail facilities related to any of the above uses, and customary supporting, accessory uses. Any proposed bioscience use must be allowed as either a permitted, accessory or special exception use in the underlying zoning district where the bioscience use is proposed to be located. This use does not include health care facility, medical outpatient facility, or medical or dental offices.

19.

Building Area. The portion of a lot remaining after required yards have been provided.

20.

Building. Any structure, either temporary or permanent, having a roof, and used or built for the shelter or enclosure of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind.

21.

Building, Height of. The vertical distance measured from the mean elevation of the finished grade line of the ground about the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

22.

Building Line. The line, established by law, beyond which a building shall not extend, except as specifically provided by law.

23.

Building, Front Line of. The line of that face of the building nearest the front line of the lot.

23.1.

Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales and rentals to private individuals and entities for their own use. This definition does not include hardware stores with a Retail Sales Area of less than 10,000 square feet (See Retail Sales and Service).

24.

Building, Principal. A building in which is conducted the main or principal use of the lot on which it is located.

25.

Building Site. A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging to the same.

26.

Business Services. Any commercial establishment primarily engaged in rendering services to other business establishments on a fee or contract basis not involving the sale of any goods or commodities available on the premises and not dispensing a personal service. Such establishments include such activities as real estate, insurance, accounting or bookkeeping, financial institution, management or consulting, or other similar uses.

26.1.

Child Care Facility. An establishment, including any child care center, day care, or other child care arrangement, other than a family day care home or large family child care home, which provides care to any number of children, as more fully defined in Chapter 7.5 of the Town's Code of Ordinances.

27.

Clinic. A facility including a health care facility, medical outpatient facility, or medical or dental office where human patients, who are not lodged overnight, are admitted for examination and treatment by one (1) or more physicians, dentists or similar professionals.

28.

Club. An organization catering exclusively to members and their guests, or premises and buildings for recreational, artistic, political, or social purposes, which are not conducted primarily for gain and which do not provide merchandise, vending or commercial activities except as required incidentally for the membership and purpose of such clubs.

28.1.

Commercial, Expanded. Commercial uses such as assembly and fabrication of light materials.

28.2.

Commercial, Standard. Those commercial uses provided for in the "CL" and "SC" zoning districts herein.

29.

Common Area. The total area not designed for rental to tenants and which is available for common use by all tenants or groups of tenants and their invitees, including such areas as parking lots and their appurtenances, malls, sidewalks, landscaped areas, public restrooms, truck and service facilities, etc.

30.

Court. An open, unoccupied space on the same lot, and fully enclosed on at least three (3) adjacent sides by walls of the buildings. An outer court is any court facing for its full required width on a street, or on any other required open space not a court. An inner court is any other required court.

31.

Coverage, Ground. See lot coverage.

32.

Curb Level. The officially established grade of the curb in front of the midpoint of the lot.

33.

Density. The relationship between the numbers of existing or proposed amount of dwelling units on a specific land area, usually expressed in terms of the number of dwelling units per gross acre.

33.1.

Distribution Center. A building or structure used primarily for the storage or processing of goods which are intended for subsequent shipment to wholesalers, manufacturers, retail outlets or consumers. Distribution centers receive, stock and ship products on their way from suppliers to customers. A distribution center offers supply chain management services such as transportation, cross-docking, break-bulk, consolidation, order fulfillment, labeling, packaging, shipping and tracking.

34.

District. A contiguous area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements, and height limitations.

35.

Dual Front. A building designed or constructed so as to present the appearance of having two (2) fronts.

36.

Duplex. A building designed to accommodate two (2) families living independently of each other. The building will have two (2) addresses, kitchens, electric and water meters.

37.

Dwelling Unit. One room, or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities, which is designed or used exclusively by one family.

38.

Dwelling, Multiple-Family. A building or portion thereof containing three (3) or more dwelling units.

39.

Dwelling, Single-Family. A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.

40.

Dwelling, Mobile Home. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.

41.

Easement. Any strip of land created by the subdivider or granted by the owner, for public or private utilities, drainage, or any other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation.

42.

Efficiency Apartment. See Apartment, Efficiency.

43.

Essential Services. The erection, construction, alteration or maintenance by public utilities or departments, of underground or overhead gas, electrical, telephone transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire and police emergency call boxes, traffic signals, hydrants, street lights and other similar equipment and accessories in connection therewith, but not including buildings.

44.

Enforcing Official. The officials and employees of the Town of Mangonia Park, Florida to whom the duty of enforcing the terms of this Zoning Ordinance is assigned.

45.

Family. Two (2) or more persons related by blood, marriage, or adoption occupying a dwelling unit, or not more than four (4) non-related individuals occupying a dwelling unit and maintaining a household not-for-profit whereby common usage is made of culinary, dining, living and bathroom facilities and as distinguished from occupancy of a rooming house, a boardinghouse, hotel, motel, club or similar Transient Facility by unrelated persons, which are specifically not considered a "family."

45.05.

Family Day Care Home. An occupied residence in which custodial care is regularly provided to one (1) to six (6) children, inclusive, as more fully defined in Chapter 7.5 of the Town's Code of Ordinances.

45.1.

Flex Use. A type of use combining a business office, display area and/or showroom in front with a light assembly, light fabrication, laboratory, receiving and shipping, or related industries, and/or storage area in the rear. To be considered a flex use, the business office, display area and showroom shall occupy not less than ten (10) percent and not more than fifty (50) percent of the gross floor area of the building or unit in which it is located. A flex use building will typically have a storefront or office facade in front and grade-level and/or loading docks and garage doors in the rear.

46.

Floor Area. The sum of the total gross areas of all the floors of a building measured from the exterior walls.

46.1.

Floor Area Ratio. The square foot amount of total floor area (all stories) for each square foot of land area of a property.

46.2.

Freestanding Tower. A freestanding tower for public and private use which exceeds thirty-five (35) feet.

46.3.

Foster Home. A dwelling unit in which children who are unattended by a parent or legal guardian are provided 24-hour care. Such homes include emergency shelter family homes and specialized foster homes for children with special needs. A person who cares for a child of a friend for a period not to exceed ninety (90) days, a relative who cares for a child and does not receive reimbursement for such care from the state or federal government, or an adoptive home which has been approved by the state or by a licensed child-placing agency for children placed for adoption is not considered a Foster Home ¹ .

State Law reference— ¹ F.S. Ch. 409.

47.

Frontage. All the property on one side of a dedicated public street or place between two (2) intersecting dedicated public streets or places measured along the line of the dedicated public street or place, or if the dedicated public street or place is deadended, then all of the property abutting on one side between an intersecting dedicated public street or place and the dead-end of the dedicated public street or place. Also includes dedicated ingress-egress easements when used for the only means of access.

48.

Garage Apartment. An accessory building which contains living facilities for not more than one family, and a private garage for one or more automobiles.

49.

Garage, Parking. A building or portion of building, or area beneath a building or structure, except those described as a private garage, used for the parking only of automotive vehicles.

50.

Garage, Private. A building or space used as an accessory to or a part of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.

50.1.

Garage Sale. A sale of used household or personal articles, organized and conducted by the property owner, or the property owner's designee, of the property upon which the sale takes place.

51.

Grade. The finished grade of premises improved by the building, is the elevation of the surfaces of the ground adjoining the building. The minimum grade of premises, whether vacant or improved, is the curb level. The natural grade is the actual grade of the building site before the ground has been disturbed from its natural or original state.

52.

Gross Floor Area. The sum of the total areas taken on a horizontal plane of a floor or several floors of a building measured between the outside face of the exterior walls.

52.05.

Group Home. A dwelling unit or commercial structure of any kind for use as a non-transient residence by four (4) or more non-related individuals living together as a family or the functional equivalent thereof. Group Homes shall include, but are not necessarily limited to, community residential homes ² , family foster homes ³ , foster care facilities ⁴ , assisted living facilities ⁵ , or any group of four (4) or more non-related individuals with disabilities recognized by the Americans With Disabilities Act or Fair Housing Act, and/or who are affiliated with an off-site treatment facility. On-site treatment is prohibited in any Group Home.

State Law reference— ² F.S. Ch. 419.

State Law reference— ³ F.S. Ch. 409.

State Law reference— ⁴ F.S. Ch. 393.

State Law reference— ⁵ F.S. Ch. 429.

52.1.

Health Care Facility, Medical Outpatient Facility or Medical or Dental Office. A facility providing outpatient health care services to the public by physicians, surgeons, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also known as health care practitioners) or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as others, including, but not limited to, technicians and assistants, who are acting under the supervision and control of a licensed health care practitioner. Inpatient care (meaning one or more overnight stays) is prohibited at such facilities.

53.

Helistop. A designated landing area used for the operation of rotorcraft where no basing facilities are provided.

53.1.

Large Family Child Care Home. An occupied residence in which custodial care is regularly provided for up to twelve (12) children, as more fully defined in Chapter 7.5 of the Town's Code of Ordinances. Large family child care homes shall not be closer than one thousand (1,000) feet from each other.

53.2.

Laundry and Dry-Cleaning Drop-Off Facility. A commercial facility where clothing, garments, linens, fabrics or other such materials are dropped off by customers at the facility or are otherwise delivered to the facility for laundering or dry-cleaning services, and such laundering and dry-cleaning services occur onsite at the facility. This term does not include a self-service laundry establishment, a self-service laundromat, or a self-service dry-cleaning establishment where washing, drying and dry-cleaning machines are either coin operated or attendant operated, and are provided on a rental basis for use by individuals doing their own laundry and dry-cleaning.

54.

Lot. For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

a)

A single lot of record;

b)

A portion of a lot of record;

c)

A combination of complete lots of record, of complete lots of record and portion of lots of record; which have unity of title;

d)

A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Ordinance.

55.

Lot Coverage. That portion of the area of a lot, plot, or building site, expressed as a percentage, occupied by all buildings or structures which are roofed or are otherwise covered.

56.

Lot Frontage. The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards in this section.

57.

Lot Lines. The lines bounding a lot.

58.

Lot Measurements:

a)

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

b)

Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 per cent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80 per cent of the requirement shall not apply.

59.

Lot of Record. A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Palm Beach County, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

59.1.

Marijuana. All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient. Marijuana includes any strain of cannabis or Marijuana, in any form, that is authorized by state law to be dispensed or sold in the State of Florida. Also referred to as "Medical Marijuana."

59.2.

Medical Marijuana Treatment Center. Any facility licensed by the Florida Department of Health to acquire, cultivate, possess, process (including, but not limited to, development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute, dispense, store, or administer Marijuana, products containing Marijuana, related supplies, or educational materials, as authorized by state law. A Medical Marijuana Treatment Center may include retail sales or dispensing of Marijuana. A facility which provides only retail sales or dispensing of Marijuana shall not be classified as a Medical Marijuana Treatment Center under this chapter. Also may be referred to as a "medical marijuana treatment facility" or "dispensing organization" or other similar term recognized by state law. Medical Marijuana Treatment Centers are special exception uses confined to the Industrial district.

59.3.

Medical Marijuana Treatment Center Dispensing Facility. A retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses Marijuana, products containing Marijuana, or related supplies, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of Marijuana or Marijuana product, and does not allow on-site consumption of Marijuana. A Medical Marijuana Treatment Center shall not be construed to be a Medical Marijuana Treatment Center Dispensing Facility. Medical Marijuana Treatment Centers Dispensing Facilities are not permitted anywhere within the boundaries of the Town.

60.

Minimum Building Area (Minimum Living Area). Shall mean the area of the floor measured from the outside of the exterior walls to the centerline of dividing walls; not to include more than twenty (20) percent of the total area of garages, carports, open porches, open breezeways, or store rooms, or screened-in porches.

61.

Mobile Home. See Dwelling, Mobile Home.

62.

Mobile Unit. A non-self propelled unit or movable structure utilized as a temporary accessory use during construction or pre-construction sales. Said units must be removed prior to issuance of Certificate of Occupancy and may include uses similar to the following: construction trailers or shacks, model sales units and/or offices.

Model sales units and/or offices require the issuance of permit prior to construction, erection or placement.

63.

Motel. A building or group of buildings, whether detached or in connecting units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory off-street parking facilities. Any eating and drinking facilities that may be provided must be designed and located to serve the motel guests and may not have separate signs or entrances designed to attract non-motel guests. The term "motel" shall include buildings designed as "auto courts, tourist courts, motor courts, motor hotels" and similar appelations which are designed as integrated units of individual rooms under common ownership.

64.

Nonconforming Lot. A lot, parcel or tract of land existing at the time of passage of this Ordinance that does not meet the minimum requirements of area, width or depth.

65.

Nonconforming Use. A dwelling, structure or use of land existing at time of passage of this Ordinance which does not conform to the use requirements of the district in which it is located.

66.

Parking Area. The total area devoted to the parking, storage and maneuvering of vehicles.

67.

Parking Lot. A paved area used for the storage or the parking of motor vehicles and not including parking areas contained in a parking garage.

68.

Parking Space. A defined area, enclosed or unenclosed, sufficient in size to store one (1) automobile, exclusive of the area used for ingress and egress or the driveway connecting it to a public way.

69.

Party Wall. A wall used or adapted for joint service between two (2) dwelling units.

70.

Personal Services. The conduct of business in any of the following related services: Beauty Salon, Hair Stylist, Barber Shop, Shoe Shine and Repair, Haberdasher, Watch Repair or any use similar in nature. This use does not include health care facility, medical outpatient facility, or medical or dental offices.

71.

Plat. A map, plan or layout of the town, section or subdivision indicating the location and boundaries of individual properties.

72.

Plot. A parcel of ground containing more than one lot upon which a building and its necessary accessory buildings have been or may be erected.

73.

Porch. A roofed space attached to the outside of an outer wall of a building, open on one or more sides, which may have railings, screen or glass enclosure. An open or unenclosed porch is one without railings, glass, canvas, screen, or similar materials on the open sides.

74.

Principal Use. The primary activity, function, or the purpose for which a parcel of land or building is used.

75.

Professional Services. The conduct of business in any of the following related categories: architectural, engineering, planning, law, medicine (including health care facility, medical outpatient facility, or medical or dental offices), music, art, interior design, dentistry, accounting, insurance, real estate, finance and securities investments and any similar type business.

76.

Public Agency. Any government or governmental agency, board, commission, authority, or public body of the Town of Mangonia Park, Palm Beach County, State of Florida, United States of America, or any other legally constituted district.

77.

Public Use. The use of any land, water, or building by a public agency for the general public.

78.

Public Utility. Includes any publicly or privately owned utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone lines, whether underground or overhead.

79.

Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, and motor home.

80.

Residence. See Dwelling Unit.

81.

Retail Sales and Service. Retail sales and service shall include those business activities customarily providing retail convenience goods in small quantities directly to the consumer. Such uses shall include, but are not limited to, department stores, variety stores, drug and sundry stores (including pharmacy which means a retail establishment primarily offering goods for retail sale on-site dispensing of prescription drugs, non-prescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc.), restaurants, delicatessens, cafeterias, grocery and markets, gift shops, wearing apparel, home and auto supply, furniture and appliances, hardware, newsstands, book and stationery stores, shoe repair shops, luggage shops, bakeries and candy shops (provided that bakery and candy products made on the premises are sold on the premises), camera and photo supply shops, radio and television sales and services, floor coverings, sporting goods, florists, jewelers, music and piano sales and services, art shops, pawnshops, electrical and lighting, and any similar or related use. "Retail Sales and Service" does not include Medical Marijuana Retail Centers or Medical Marijuana Treatment Centers which are specifically defined and provided for as separate and distinct uses.

82.

Retail Sales Area. The area in square feet within any enclosed structure or permanent outside sales or display facility devoted exclusively for the sale or display of goods or commodities.

83.

Right-Of-Way. A street, alley or other thoroughfare or easement, whether physically accessible or not, which has been permanently established or dedicated for the passage of persons or vehicles. Title to this land remains with the public or private agency until the need no longer exists.

84.

Setback. The horizontal distance between the frontline, sideline, or rearline of the building site to the front, side or rear of the building or structure respectively. Setbacks shall be measured perpendicular to and parallel with property or right-of-way lines.

84.1.

Self-storage Facility, Small. A fully enclosed, climate controlled commercial building containing individual storage units for lease generally by private individuals to store household items, or by small businesses to store office supplies, materials or inventory. Storage of heavy industrial items, chemicals and other combustibles is prohibited. Any other use of leased storage space such as the carrying on of retail trade or automotive repair is forbidden. Access to leased individual storage units is only provided from hallways inside the commercial building, and exterior access points to the hallways containing individual storage units are limited to one per side of the commercial building. Direct access to individual storage units from the exterior of the climate controlled commercial building is prohibited. Exterior storage of vehicles or any other items is prohibited. Stairways to access upper floor areas are permitted, and a maximum of two (2) freight elevators per commercial building, which may not transport people, are permitted. Such stairways and freight elevators may not exceed maximum building height limits, notwithstanding Sec. 14 (j) of this zoning ordinance which shall not be applicable to Small Self-storage Facilities. Elevators to transport people to upper floor areas are prohibited. Accessible storage units shall be provided on the ground floor in order to comply with accessibility requirements. Exterior lighting shall be minimal and hours of operation/access shall be limited. On-site residences for security purposes are prohibited.

84.2.

Self-storage Facility. Full-Size. A commercial building or campus of commercial buildings containing individual storage units or areas for lease generally by private individuals to store household items or by small businesses to store office supplies, materials or inventory. Exterior vehicle storage may be permissible. Any other use of leased storage space such as the carrying on of retail trade or automotive repair is forbidden, as is the storage of heavy industrial items, chemicals and other combustibles. Access to leased individual storage units or exterior areas may be provided from the exterior of the commercial buildings or from hallways inside the commercial buildings. Interior commercial building storage units may or may not be climate controlled. Stairways to access upper floor areas are permitted, and freight elevators, which may not transport people, are permitted. On-site residences for security purposes are permissible by special exception.

85.

Setback, Centerline. See Street Centerline Setback.

86.

Sign. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade marks or names or combination thereof, by which anything is made known, any banner, flag, pennant or other attention getting device which is visible from a public right-of-way and is used to designate a firm, individual, association, profession, business, commodity or product.

87.

Special Exception. A use that would not be appropriate generally or without restriction throughout the zoning district, but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or the general welfare of the district and the community. Such uses may be permitted in such zoning district as special exceptions, only if specific provision for such special exceptions is made in the Ordinance.

88.

Storage, Open. The safekeeping of any goods or products in an unoccupied space open to the sky, either fenced or unfenced, for a period of seventy-two (72) hours or longer or for continuous replacement by same or similar goods or products.

89.

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. In computing the height of a building, the height of a basement shall be included.

90.

Street. Any dedicated public way or private ingress-egress easement as principal means of access.

91.

Street Centerline. The line midway between the street right-of-way lines of the surveyed and platted centerline of a street which may or may not be the line midway between the existing right-of-way lines or pavement.

92.

Street Centerline Setback. The minimum distance measured from the street centerline required for the preservation of existing right-of-way and future right-of-way expansion.

93.

Street Right-of-Way Line. The line which abounds the right-of-way set aside for use as a street or public roadway.

94.

Structure. Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, billboards, fences, and poster panels.

95.

Structural Alterations. Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, excepting such repairs or replacements as may be required for the safety of the building.

96.

Tavern. A place of business where alcoholic beverages are sold to be consumed on the premises.

96.1.

Technical, Trade or Vocational School. A building or structure used for post secondary training and education, whether in a classroom, laboratory or "hands-on" setting, for skilled trades or labor including, but not limited to, building and construction, electronics, and mechanics.

97.

Town Council. The term Town Council shall refer to the Town Council of the Town of Mangonia Park, Florida.

98.

Townhouse. For the purpose of this Ordinance, shall mean a single-family two story residential building horizontally attached to a series of other single-family two story residential buildings by not more than two party walls.

99.

Townhouse Complex. Shall mean a group of not less than three (3) nor more than twelve (12) townhouses connected by party walls.

100.

Trailer. A separate vehicle, not driven or propelled by its own power, but drawn by some independent power; to include any portable or movable structure or vehicle including trailers designed for living quarters, offices, storage, or for moving or hauling freight, equipment, animals, or merchandise of any kind, including boats, boat trailers, swamp buggies, half tracks and the like.

101.

Transient Facility. A dwelling unit offered for use to any number of related or unrelated persons for short-term accommodations, which for the purposes of this section, shall mean less than thirty (30) consecutive days, to any one (1) person or group of persons. Such facility to include, but not limited to, rooming houses, boardinghouses, hotels, motels, clubs, single-family dwelling units, multiple-family dwelling units, guest facilities in multiple-family dwelling units, or other similar uses.

102.

Travel Trailer or Recreational Vehicle. Any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, and so designed that it is or may be mounted on wheels and used as a conveyance on streets or highways, propelled or drawn by its own or other motive power. Such velocities or structures shall have a body width not exceeding eight (8) feet, and being of any length provided its gross weight does not exceed four thousand five hundred (4,500) pounds or being of any weight provided its body length does not exceed twenty-nine (29) feet.

103.

Variance. A variance is a deviation from the district requirements of the Zoning Ordinance, which is granted by the Zoning Board of Adjustment; where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the physical characteristics of that particular property and not the result of the actions of the owner, agent, or applicant, a literal enforcement of the Ordinance would result in unnecessary and undue hardship.

104.

Vehicle. Any self-propelled conveyance designed for and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, and scooters, and recreational vehicles.

104.1.

Vehicle, commercial. Any vehicle of any nature which is used or designed or intended to be used for hire or in the furtherance of commerce, work or for profit, and with a height of six (6) feet or greater. The term shall also mean any vehicle that has three (3) or more axles, regardless of vehicle height. The term shall also include any motor vehicle upon which commercial lettering, as provided herein, has been affixed. Commercial vehicles under this paragraph shall include, but not be limited to, truck tractors, semi-trailers, boxed cargo or platform vehicles, tow trucks, dump trucks, commercial work vehicles, and machinery including, but not limited to, front end loaders, backhoes, bulldozers, tractors and farm equipment.

105.

Yards. The unoccupied and unobstructed open spaces on the same lot with the main building which extend from the ground upward.

a)

Front Yard. The open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.

b)

Rear Yard. The open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.

c)

Side Yard. The open space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.

(Ord. No. 3-79-266, § 1, 3-6-79; Ord. No. 6-81-318, § 1, 6-16-81; Ord. No. 5-84-379, § 1, 5-15-84; Ord. No. 5-86-423, § 1, 6-3-86; Ord. No. 10-87-455, § 2, 11-33-87; Ord. No. 10-92-522, § 1, 11-3-92; Ord. No. 07-06, § 1, 6-5-07; Ord. No. 07-10, § 1, 12-11-07; Ord. No. 08-03, § 1, 6-3-08; Ord. No. 09-06, § 1, 1-5-10; Ord. No. 10-01, § 1, 3-2-10; Ord. No. 2012-07, § 1, 11-20-12; Ord. No. 2013-04, § 1, 9-17-13; Ord. No. 2014-01, § 1, 3-18-14; Ord. No. 2014-06, § 1, 12-16-14; Ord. No. 2015-02, § 1, 1-5-16; Ord. No. 2017-01, § 1, 6-6-17; Ord. No. 2017-04, § 1, 8-1-17; Ord. No. 2019-01, § 1, 2-5-19; Ord. No. 2019-04, § 1, 6-18-19; Ord. No. 2022-02, § 1, 10-18-22)