1.

Intent: The intent of this Section is to provide regulations for the Administrative and Professional District, Commercial Recreation, Commercial Limited, Shopping Center, High Density Multiple-Family Residential, Industrial Zoning Districts, and "PCC" Planned Commerce Center, and special exceptions notwithstanding the fact that said special exceptions may be in a zoning classification which would not otherwise require site review, which create innovations in development, better satisfy current demands, encourage development which will reflect changes in the technology of land development and relate the development of land to the specific site, and to conserve natural amenities.

This procedure: provides for efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas and developments;

Is developed in accordance with the Town of Mangonia Park Comprehensive Development Plan, other plans and regulations which include streets, utilities, lots, building sites and thelike, and site plans, floor plans, and elevations for all buildings intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the buildings;

Includes a program for full provision, maintenance, and operation of such areas, improvements, facilities, and services for common use by the occupants of the site, but will not be provided, operated or maintained at public expense; and

Accomplishes a more desirable environment for development in order to promote the public health, safety, convenience and general welfare of the community.

2.

Definitions: For the purpose of this Section, the following words and terms are defined:

a)

Comprehensive Plan shall refer to and mean the Town of Mangonia Park Development Plan and amendments thereto.

b)

Developer is an individual, firm, association, syndicate, co-partnership, corporation, trust or other legal entity commencing proceedings under this Ordinance. The developer, when submitting proposed development plans, must submit either a copy of the warranty deed or contract for sale.

c)

Gross Acres shall be defined as the total area contained within the site including on-site streets and rights-of-way.

3.

Preliminary Site Plan Requirements: The provisions of the Section shall be administered by the Town Council who shall review all applications on the basis of specified standards, conditions, regulations and procedures. The Town Council may conduct Public Hearings and have final authority to approve, modify, or disapprove development provisions. The developer shall obtain preliminary approval from the Town for an overall plan for the development of the land designated for the development and shall submit to the Town Council a preliminary plan prepared by a Registered Architect or registered Civil Engineer.

The developer shall submit five (5) copies of the preliminary plan, a completed application form supplied by the Town Clerk, and a filing fee, which shall be set by resolution, paid prior to submission of preliminary plans. Any review costs incurred by the Town in excess of the filing fee set by resolution will be paid by the applicant prior to final approval.

The Preliminary Plan:

a)

Shall include a boundary and topographic survey of the subject property.

b)

Shall include a schematic of the present elements such as: location, widths, and names of all existing streets and other public ways; easements within or adjacent to the tract; existing permanent buildings, watercourses, culverts, sewer and water lines, and other underground structures within the tract and adjacent thereto; and railroad lines.

c)

Shall include a schematic of the proposed plans for drainage, water and sewer, streets and other public ways, ingress and egress, proposed easements, and other underground utilities.

d)

Shall include architectural schematics and plan and profile views to illustrate the character, nature, and relationships of land uses of the proposed development.

e)

Shall include the name of the architect or engineer who prepared the plans.

f)

Shall include an environmental impact statement as set forth in Section 7A herein.

4.

Detailed Site Plan Requirements: The detailed plans shall be drawn to a scale of not smaller than thirty (30) feet to the inch. Five (5) copies of this site plan shall be submitted by the applicant for the use of appropriate departments involved in checking the site plan and for the use of plan board members.

The site plan shall show clearly:

a)

The exact property lines of the property for which site plan approval is requested, including existing street and right-of-way lines.

b)

Adjacent properties on the same frontage, indicating the locations of buildings and structures on such adjacent properties, means of ingress and egress to such properties, off-street parking, loading and service areas, if any for or on such properties, and any screening or buffers on such properties and the nature and type thereof.

c)

The exact location or locations of the proposed structure or structures on the site.

d)

The exact location and dimensions of front, rear, and side yards.

e)

The exact location of facilities for ingress and egress to the site, including existing and proposed curb cuts, if any, and proposed directions of traffic flow on the site and into and from public ways.

f)

Exact location and exact dimensions of off-street parking, loading, and service areas.

g)

Exact location and dimensions of areas for service to the property and for refuse disposal, including relevant items from e) and f) above.

h)

Exact location of utilities, including size of lines and hook-in points, available to the site and proposed locations and size of lines, within the site.

i)

Exact locations and dimensions of screening and buffer areas along with the location on the site of any existing trees with a diameter of greater than one (1) foot.

j)

A landscape plan signed and sealed by a registered Florida Landscape Architect.

k)

Location and dimensions of all signs and exterior lighting facilities to be placed on the site.

l)

The name of the architect or engineer who prepared the plans; the signature of said architect or engineer; and the Florida Seal of said architect or engineer which shall be affixed to the plans.

m)

Confirmation of water and sewer service (letter from the utility and/or Health Department).

n)

Proof that all other necessary permits have been obtained.

o)

Deed restrictions and corporate documents, if applicable.

p)

Proof that the development is not in violation of the Wellfield Protection Ordinance.

q)

Locations and dimensions of all Palm Beach County ultimate rights-of-way as described in its Thoroughfare Protection Plan.

r)

Provides for pedestrian circulation if other than single-family development.

s)

Identifies any potential for hazardous waste as determined by the Palm Beach County Department of Environmental Resource Management.

t)

The developer shall submit to the applicable agency(s) a pollution prevention plan (PPP) when the aggregate area of disturbance from construction activities equals or exceeds the current acreage thresholds established by the EPA. The applicable agency(s) may include the owner(s) and operator(s) of the public drainage system receiving runoff from the project site. All final site plans disturbing an aggregate area less than the minimum EPA acreage threshold shall, nonetheless, submit a PPP to the town. The applicant can obtain current procedural aspects for the PPP submittal process from the Town Hall.

It shall be the responsibility of the developer to obtain the approval of the appropriate agencies external to the Town of Mangonia Park.

5.

Time Limits: Approval of the Town Council shall be in effect for at least a one-year period; however, if no construction has begun within one year after approval of the development plan, the approval of the development plan shall lapse and be of no further effect. At its discretion and for good cause, the Town Council may grant additional one-year extensions of the development plan approval upon the submittal to the Town Clerk of the request for extension by the applicant on forms prescribed by the Town prior to the expiration of the initial one-year approval period or a previously granted extension thereof.

6.

Revision of Site Plan: Any change in the approved detailed site plan shall require prior approval of the Town Council. A request for revision of the detailed site plan shall be supported by a written statement of why the revisions are necessary or desirable. The applicant shall submit five (5) copies of the proposed change, a completed application form supplied by the Town Clerk, and a filing fee, which shall be set by resolution, paid prior to submission of the proposed change. Any review costs incurred by the Town in excess of the fee set by resolution will be paid by the applicant prior to final approval.

7.

Standards, Factors, and Findings: In the exercise of authority under this Section, the Town shall be guided by the following standards and shall consider the following factors, and shall show in its record that each factor was considered. Before final site and building plan approval is granted the Town shall find in the case of these factors and any other significant factors that the purposes and requirements of the zoning classification and the purposes and requirements of this Zoning Ordinance have been met by the applicant:

a)

Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety, traffic flow and control, and access in case of fire or catastrophe.

b)

Off-street loading and parking areas, with particular attention to the items in a) above and the economic, noise, glare, or odor effects of the location of such areas on adjoining properties and properties generally in the district.

c)

Refuse and service areas, with particular reference to the items in a) and b) above.

d)

Utilities, with reference to hook-in locations and availability and capability for the use projected.

e)

Manner of drainage of the property, with particular reference to the effect of provisions for drainage on adjacent properties and the consequences of such drainage on overall city drainage capacities.

f)

Screening and buffering, with reference to the type dimensions, and character to preserve and improve compatibility and harmony between the proposed use and the uses and structures of adjacent and nearby properties and properties generally in the district.

g)

Signs and proposed exterior lighting with reference to glare, traffic safety, economic effects of the same on properties in the district, and compatibility and harmony with nearby properties.

h)

General amenities and convenience, with reference to insuring that exterior appearance of the proposed structure or structures will be as compatible and harmonious with properties in the general area as may be and will not be so at variance with other structures in the general area as to cause a substantial depreciation of property values.

i)

Required yards, with attention to the use of such yards and proposals for landscaping, if any. Where the Town grants a reduction in any yard requirement, it shall make a finding that the intent and purpose of this district and this Zoning Ordinance will be served by such alteration.

8.

Design Standards:

a)

Paving. All interior paving shall comply with specifications and standards set forth by and subject to the approval of the Town in accordance with applicable codes and ordinances.

b)

Off-Street Parking. Shall be in accord with the off-street parking requirements of this Ordinance.

c)

Accessways. In the interest of public safety, no more than two (2) accessways shall be allowed on to any single perimeter public right-of-way and interior accessways shall be no closer than 150 feet from center line to center line.

d)

Solid Waste and Refuse Disposal. Plans for solid waste and refuse disposal shall conform to and be approved by the Town in accordance with the Town Ordinance and the County Health Department.

e)

Sanitary Sewage System. Sewage system will be furnished and installed in accordance with Town standards and the Mangonia Park Town Ordinance.

f)

Water Distribution System for Both Domestic Use and Fire Protection. Water systems must be installed in accordance with Chapter 9, Fire Prevention of the Code of Ordinances, Town of Mangonia Park, Florida.

g)

Access to Perform Necessary Public Services. The developer and/or owner shall dedicate to Town any easement which Town deems necessary for public services and said dedication shall provide that developer and/or owner shall hold Town harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property.

h)

Off-Street Loading. In no instance shall off-street loading facilities be located within one hundred (100) feet of a residential district.

i)

Storage. All storage shall be within a fully enclosed building, unless specifically authorized by the Town Council. Applications for outdoor storage authorization may be obtained from the Town Clerk. The completed application must be accompanied by payment of the application fee which shall be set by resolution of the Town Council. The completed application shall be placed on the next available Town Council Agenda for consideration. Outdoor storage authorization granted by the Town Council shall expire every September 30. Outdoor storage authorization must be renewed annually no later than September 30 by providing a completed renewal form and renewal fee, as set by resolution of the Town Council, to the Town Clerk.

The renewal fee for outdoor storage authorization may be collected by the Town Clerk beginning July 1 of each year and shall be due and payable on or before September 30 of each year and expire on September 30 of the succeeding year. In the event that September 30 falls on a weekend or holiday, the fee shall be due and payable on or before the first working day following September 30.

Failure to timely submit the completed renewal application and renewal fee to the Town Clerk when due and payable shall void the authorization granted by the Town Council for outdoor storage. Outdoor storage may then be reauthorized only by further approval of the Town Council.

Any modification to the authorized outdoor storage must be approved by the Town Council. All authorized outdoor storage shall be specific to the current applicant and use, shall not run with the land, and shall not apply to any future owners, successors, or assigns.

For purposes of this section, LP tanks, water softener tanks, etc, which are used for a business or home for its own consumption, providing that they are of an appropriate size, shall not be considered outside storage.

The tanks, however, prior to installation and/or construction, must meet all code requirements, including setbacks, and pass all inspections including, but not limited to, fire inspection.

j)

Open Space. Each plot to be developed shall contain a minimum of twenty (20) percent unpaved or shell-rock covered unobstructed, nonvehicular open space.

All open portions of any site shall have adequate grading and drainage, and shall be continuously maintained in a dust free condition by suitable landscaping with trees, shrubs, or planted ground cover. The design of such landscaping and the measures taken to ensure its maintenance shall be subject to the approval of the Town.

k)

Greenbelts. The project area shall be enclosed on all sides with the exception of accessways by a landscaped area with a minimum width of fifteen (15) feet. It shall be the responsibility of the owner or developer to carry out this requirement, and to provide such maintenance or guarantee of maintenance—subject to Planning and Zoning Board approval.

Failure to provide such maintenance or guarantee of maintenance shall be subject to violation in accordance with Section 22 of this ordinance.

l)

Signs. All signs shall be subject to the approval of the Town Council with the recommendation of the Planning and Zoning Board, and in accordance with the ordinances of the Town of Mangonia Park.

m)

Fire Safety Requirements. All buildings shall be constructed in accordance with Chapter 9, Fire Prevention of the Code of Ordinances of the Town of Mangonia Park, Florida.

9.

Standards for review for consistency with and implementation of the Comprehensive Plan: In the exercise of authority under this section, the Town shall be guided by the goals, objectives and policies in its adopted Comprehensive Plan and shall show in its records that each was considered in review of the site plan. Before final site and building plan approval is granted, the Town shall find that the plans are consistent with the Comprehensive Plan and all Land Development Regulations which enforce the Compensation Plan.

a)

Land use conforms to the objectives and policies in the Future Land Use Element and complies with the adopted Land Use Map and is compatible as to density and intensity of use with adjacent land uses and its impact on adjacent communities.

b)

Traffic generation and circulation conforms to the objectives and policies in the Traffic Circulation Element and complies, as allowed by development patterns, with the Future Traffic Circulation Map.

c)

Residential development conforms to the objectives and policies in the Housing Element.

d)

Development adheres to all Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element Objectives and Policies.

e)

Development complies with all objectives and policies in the Conservation Element.

f)

Development complies with the objectives and policies in the Recreation and Open Space Element.

g)

Development complies with the objectives and polices in the Intergovernmental Coordination Element.

10.

Town Council Findings: It should be the duty of the Town Council to ensure that the plan provides for development of efficient and harmonious design so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoining or surrounding areas of the development and further, that said project will promote the health, safety and general welfare of the citizens of Mangonia Park. Council may also at their discretion, attach reasonable conditions and safeguards when reviewing development plans and make said conditions and safeguards a condition for approval of said development plan.

11.

Bioscience Overlay Expedited Review. Any development project requiring site plan review in accordance with this section for permitted or special exception uses with or without accessory uses that meet the definition of a bioscience use shall be expedited through the site plan review process. Such projects will be prioritized ahead of other pending projects that do not propose bioscience related land uses.

(Ord. No. 4-78-255, § 1, 4-4-78; Ord. No. 7-78-259, § 1, 7-18-78; Ord. No. 7-78-260, § 1, 7-18-78; Ord. No. 3-79-267, §§ 1-10, 3-6-79; Ord. No. 8-79-286, § 1, 8-21-79; Ord. No. 1-81-305, §§ 1, 2, 1-6-81; Ord. No. 6-81-319, § 1, 6-16-81; Ord. No. 7-84-380, § 1, 7-17-, 84; Ord. No. 12-85-415, § 1, 1-17-86; Ord. No. 7-87-445, § 2, 8-4-87; Ord. No. 9-87-453, § 1, 9-22-87; Ord. No. 12-89-503, § 1, 2-20-90; Ord. No. 2-90-506, §§ 2, 4, 2-20-90; Ord. No. 6-95-555, § 1, 7-18-95; Ord. No. 98-11, § 1, 12-1-98; Ord. No. 05-09, § 1, 11-15-05; Ord. No. 07-06, § 2, 6-5-07; Ord. No. 08-03, § 2, 6-3-08; Ord. No. 09-03, § 1, 7-7-09)