(A)

Accessory buildings and/or structures.

(1)

Accessory buildings and/or structures shall be clearly supplementary and incidental to the principal structure and use on the lot, shall be located on the same lot as the principal structure and use to which it is subordinate or located on a contiguous lot or lots when a unity of title is provided under the same ownership and shall only involve listed accessory uses. However, docks that are accessory to single family residences may be permitted on vacant lots or lots of record under certain circumstances as set forth in the regulations for the applicable zoning district.

(2)

In the "R" Zoning Districts of the Town, no accessory structure shall be used as, or converted to a dwelling unit. Further, in the event any accessory structure and use is subdivided from the principal structure and use to which it is accessory, or if the principal structure is demolished or removed, then the use of the accessory structure shall be terminated until a new principal structure and use is established on the lot on which the accessory structure and use is located. However, if such accessory structure and use which is sub-divided from the principal structure and use to which it is subordinate is nonconforming in any respect to the regulations contained in this chapter, then in that event the nonconformity(ies) of structure and/or use must be terminated or the structure must be demolished.

(B)

Statue and/or sculpture. No statue and/or sculpture shall be located, erected, constructed, expanded, extended, replaced, reconstructed or altered upon or allowed to project from any lot or lots of record except in strict conformance with all applicable statutes, ordinances, rules and regulations, including the following restrictions and conditions:

(1)

Each statue and each sculpture shall be an accessory use and structure.

(2)

Each statue and each sculpture shall be entirely enclosed and screened by all the outside walls and roof of a residence or other main building, or portions thereof such that it is site screened from public view, except from the Atlantic Ocean or Lake Worth, and such that it is site screened from private view.

(3)

Each such statue and/or sculpture shall require prior site plan review and approval by the Architectural Commission as provided in Section 151.666.

(4)

The Town of Manalapan encourages art in public places. To further this encouragement, statues and/or sculptures that are placed on Town property by the Town, or that are placed in areas accessible to the general public on commercial properties shall be exempt from the requirement to be entirely enclosed or screened from public view. Architectural Commission review and approval shall be required for all such permanent statues and/or sculptures that are placed in areas accessible to the general public on commercial properties. For purposes of this section "permanent" shall mean ninety (90) days or longer.

(C)

Satellite dishes.

(1)

A satellite dish forty (40) inches or less in diameter or equivalent may be located, constructed and maintained attached to a residence or other main building provided that it is integrated as much as practicable to blend and merge into the architecture and appearance of the building where it is attached, which integration includes without limitation placement so as not to project above or beyond the roof outline, and painting of the dish to match the appearance of that portion of the building which constitutes the background for the dish.

(2)

Other satellite dishes and radio/ television transmission/receiver antenna may only be construed within building lines and only if located as an accessory structure (not attached to any building) and must be and remain fully site screened from public view and site screened from private view.

(D)

Walkway from Highway A1A to the entrance of a beach house or shelter in Districts R1-A and R1-B. Accessory to a beach house or shelter in Districts R1-A and R1-B, an environmentally sensitive (limiting and minimizing damage and potential damage to the shore, beach, dunes and native or desirable beach/system vegetation) walkway structure at ground level, no more than four (4) feet in width making a direct route from Highway A1A to the entrance of the beach house or shelter is permitted.

(E)

Dune walkovers. Dune walkovers are prohibited in Districts R1-A, R1-B, R1-C, R2-A, R3-B and C3.

(F)

Flag poles. Only one flag pole is allowed per lot or lot of record. No flag pole shall be located, installed, constructed, expanded, extended, replaced, reconstructed, or altered upon or allowed to project from any lot or lots of record except in strict conformance with all applicable statutes, ordinances, rules and regulations, including the following restrictions and conditions:

(1)

Accessory use and structure, site plan review required if located in required rear yard or if illuminated. Each and every free standing flag pole shall be considered an accessory use and structure per Section 151.003. Flag poles proposed to be placed in the required rear yards require site plan approval in accordance with Section 151.666 by the Town Commission as well as ARCOM approval prior to issuance of a building permit for installation of same. Flag poles located outside the required yards do not require site plan approval by the Town Commission; however if illumination is desired, ARCOM approval is required. Flag poles or flag staffs less than eight (8) feet in length, attached to the vertical exterior wall of a principal or accessory structure are not considered accessory structures and do not require site plan review, however ARCOM approval is required if illuminated. See subsection 151.561(F)(5). ARCOM approval is required for the installation of both types of flag poles regardless of location.

(2)

Prohibited in front and side setbacks; allowed in rear setback by Town Commission approval. Each free standing flag pole shall be located entirely outside the required front and side setbacks for the zoning District in which the flag pole is located. Flag poles may be allowed within the rear yard setback only if approved by the Town Commission through the site plan process as required by subsection (1) above.

(3)

Height regulations. The height of a flag pole shall not exceed any of the following:

(a)

Thirty-five (35) feet;

(b)

Seventy-five (75) percent of the distance to the nearest side lot line;

(c)

One hundred forty (140) percent of the required rear setback for the zoning District in which the flag pole is to be installed; or

(d)

The average overall height of the principal structure located on the lot or lot of record on which the flag pole is to be installed.

(4)

Measurement. When measuring the height of a flag pole, the base of the flag pole is to be included in overall height, which is to be measured from the ground to the tip, including decorations, if any.

(5)

Illumination regulations. Illumination of any and all flags, including those attached to the exterior wall of a principal or accessory structure, is allowed only upon approval by ARCOM and in order for ARCOM to approve such illumination the following standards must be met:

(a)

Illumination of any flag shall be directed away from any surrounding residential uses so as not to create a nuisance to such residential uses; and

(b)

Illumination, if approved through the site plan review and approval process, shall be limited to the following:

(i.)

Those occasions in which a flag is actually attached, flying from or hoisted up the flag pole, and

(ii.)

The time period commencing thirty (30) minutes prior to sunset and ending thirty (30) minutes following sunrise.

(c)

Illumination of any and all flags within the Town of Manalapan is prohibited under any circumstance other than in strict conformance with this section of the Town Code of Ordinances.

(d)

Any and all local, county, state, and federal government buildings, uses and/or structures are expressly exempt from any and all requirements of Section 151.561(F).

(6)

Required proportions. Yardarms, if any, and the size of all flags shall meet federal protocol standards as set forth at 36 U.S.C. § 174 et seq. For flag size, the height (the fly) must not be less than one fourth (¼) the height of the pole nor exceed one-third (&frac13) the height of the pole. For yardarms, the ratios outlined in the federal protocol standards must be met.

(7)

Applicability. Any and all flag poles installed in accordance with a permit and in full compliance with all Town Codes in effect prior to the effective date of this Ordinance will not be subject to or limited by any of the provisions contained herein, so long as there is no modification, relocation or replacement of same, whatsoever, at which time all regulations set forth herein shall apply. The owner(s) of all property on which flag poles were installed prior to the date of this ordinance without benefit of a permit or other Town approvals shall be required to obtain a no-fee permit and may remain at their current height and location but must meet the illumination standards, if illumination is desired. Any existing flag poles determined by the Building Official to be deteriorated shall be repaired to the standard existing at the time of installation. Thereafter, as with any accessory structure, flag poles destroyed or deteriorated fifty percent (50) or more as determined by the Building Official must be removed or replaced and must then meet all current regulations then in effect.

(Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 166, passed 5-26-92; Am. Ord. 179, passed 1-28-97; Am. Ord. 212, passed 2-25-03; Am. Ord. 226, passed 3-23-04; Am. Ord. 277, passed 11-27-07; Am. Ord. 346, passed 6-21-16; Am. Ord. 370, passed 7-28-20)

Cross reference— Penalty, see Section 151.681

Incidental services used in connection with multiple family dwellings or hotels may be permitted provided the following conditions are fulfilled:

(A)

At least twenty-five (25) dwelling units or twenty-five (25) hotel rooms or suites shall be contained within the building group.

(B)

Not more than five (5) percent of the total floor area within the building shall be so used.

(C)

All such incidental services shall be situated within the interior of the building, so that no part thereof shall be directly accessible from the exterior of the building.

(D)

No sign or window display shall be discernible from the exterior of the building.

(E)

No exterior or external or other advertising shall be permitted except directly to residents or tenants of the multiple family dwelling or hotel.

(F)

Tennis courts, shuffleboard courts. Tennis courts, shuffleboard courts and similar uses, not to be enclosed by a structure, may be constructed within yard areas and in determining the percentage of coverage of a lot by structure, tennis courts, shuffle board courts and similar uses shall not be counted in such computation. Tennis courts may not be lighted unless approved as a special exception if so allowed in the particular zoning District. Walls and fences shall conform with this chapter.

('81 Code, § 6.02) (Ord. 97, passed 4-26-76; Am. Ord. 151, passed 5-10-88; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

No multiple family residential or commercial permitted, accessory or special exception use or structure shall be located, erected, constructed, added on to, repaired, reconstructed or altered unless adequate off-street parking and loading/unloading is provided as hereinafter set forth.

('81 Code, § 6.03) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

Size and access. An off-street parking space shall consist of a parking space having minimum dimensions of ten feet in width by twenty (20) feet in length for the parking of each automobile, exclusive of access drives or aisles thereto. Minimum width of an access drive shall be ten feet. Minimum width of an aisle designed and intended for the maneuvering of an automobile into a parking space shall be sufficient to allow for such maneuvering. Each off street parking space shall have direct connection to an access drive or aisle so that each automobile may be placed and removed from the parking space without the necessity of moving any other automobile to complete the maneuver; tandem parking spaces are not permitted.

(B)

Number of parking spaces required.There shall be provided at the time of the erection of any main building or structure or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guestrooms, floor area or seats, or at the time any use or occupancy of any existing building is changed to a use or occupancy which increases the requirements for off-street parking, minimum off-street parking facilities with adequate provisions for ingress and egress, in accordance with subsection (A) and the following schedule of off-street parking requirements.

(C)

Enclosed garage required.

(1)

There shall be provided at the time of the erection of any main building or structure or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units or guest rooms or at the time any use or occupancy of any existing building is changed to a use or occupancy which increases the requirement for enclosed garage parking, minimum off-street enclosed garage parking facilities with adequate provisions for ingress and egress, in accordance with subsection (A) and the following schedule of off-street enclosed garage parking requirements.

(2)

Enclosed garage parking spaces provided in conformance or in excess of the requirements of this section shall be counted in determining compliance with subsection (B).

(D)

Location of parking spaces.

(1)

Parking spaces for all uses or structures which are provided as required parking in conformance with the foregoing schedule of off-street parking and other applicable provisions shall be located on the same lot or lot of record, shall not be separated from the main use or building by a public street, shall have the same District classification as the principal use or structure they are intended to serve and shall be within five hundred (500) feet of the premises.

(2)

In Districts R1-A and R1-B east of Highway A1A and within ten (10) feet west of Highway A1A, parking or stopping of any automobile or motor vehicle is not permitted.

(3)

(a)

In District R1-C west of Highway A1A, parking is limited to temporary parking only for access or utility convenience and no overnight parking is permitted. Furthermore, such temporary parking shall not exceed two (2) hours during any eight (8) hour period.

(b)

All parking pads allowed to be installed on the west side of SR A1A shall be landscaped sufficiently to be substantially screened from view from A1A except for that portion which is necessary for vehicular access to the parking pad. If hedge material is used, it is allowed at no greater than three (3) feet in height. All such landscaping must be reviewed and approved by the Town's Architectural Commission. Additionally, the landscaping must be in conformance with the memorandum of understanding entered into by and between the Town of Manalapan and the State of Florida Department of Transportation (FDOT) dated April 4, 2012, if such landscaping is located in the FDOT's right-of-way.

(4)

The Town Commission may permit as a special exception the establishment of supplemental off-street parking facilities which are in addition to those facilities required in accordance with the foregoing schedule of off-street parking for a permitted or approved special exception use and which are in addition to other parking requirements; this additional parking may be supplemental parking located on the same lot or supplemental off-site parking located on a directly adjoining lot or a lot which would be directly adjoining except for the location of a street or public way; provided, however, that all other provisions for special exceptions as set forth herein are complied with and further, that the granting of such supplemental on-site or supplemental off-site parking is not construed as permission to expand, enlarge, alter, renovate or modify the use of any structure except in accordance with the requirements of this chapter.

('81 Code, § 6.04) (Ord. 97, passed 4-26-76; Am. Ord. 115, passed 1-22-80; Am. Ord. 148, passed 5-26-87; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 265, passed 8-22-06; Am. Ord. 318, passed 7-23-13)

Cross reference— Penalty, see Section 151.681

(A)

Providing the ground level at the lowest point of the public sidewalk abutting the lot or lot of record or the public street if there is no public sidewalk, is maintained, required or supplemental off-street parking facilities may be located in a sub-basement under required yards by special exception if listed as a special exception use in the applicable zoning District. Roofs of such sub-basements shall be sodded, landscaped, or covered with pavers or other hardscape surface material, and shall be maintained with no visible evidence of such underground use from a public street or sidewalk. No such underground facilities shall be constructed closer than five (5) feet to any property line.

(B)

Required and supplemental off-street parking may be permitted in any setback area or yard; provided, however, in Districts R1-A, R1-B and R1-C, required and supplemental off-street parking may be permitted only in so much of the setback area or yard where parking is not prohibited as provided in Section 151.564(D). Supplemental off-street parking not located within a structure, shall be effectively screened by hedges and/or walls placed between the off-street parking and any street and/or interior lot lines.

('81 Code, § 6.05) (Ord. 97, passed 4-26-76; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Am. Ord. 385, passed 4-26-22)

Cross reference— Penalty, see Section 151.681

The plan for ingress and egress to and from off-street parking shall be adequate to safely meet the maximum traffic flow.

('81 Code, § 6.06) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

In any District where a commercial use or structure has a gross floor area of four thousand (4,000) square feet or more, there shall be provided and maintained on the same lot or lot of record with such structure, off-street loading and unloading berths in a number not less than the following: one berth for up to twenty-five thousand (25,000) square feet; two (2) berths for up to forty thousand (40,000) square feet; three (3) berths for up to sixty thousand (60,000) square feet; and one (1) additional berth for each twenty-five thousand (25,000) square feet above sixty thousand (60,000) square feet. The loading berths required in each instance shall be not less than twelve (12) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height, and may occupy all or any part of any required yard except for a required front yard; provided, however, that the loading berth shall be screened from any street.

('81 Code, § 6.07) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

Special exception uses specifically listed in the applicable zoning District and their related accessory uses or any expansion, enlargement or modification of an existing special exception use shall be permitted only upon authorization by the Town Commission after written application therefore, provided that such uses shall be found by the Town Commission to comply with the following requirements and other applicable requirements as set forth in this chapter. Site plans shall be submitted to ensure compliance with all applicable regulations. For additional standards applicable to planned unit developments, see Sections 151.615 through 151.619 of this chapter. In order to approve a special exception use or expansion thereof, the Town Commission must find the following:

(1)

That the use is so designed, located and proposed to be operated that the public health, safety, morals and general welfare will be protected.

(2)

That the use will not cause substantial injury to the values of the other property in the neighborhood where it is to be located.

(3)

That the use will be compatible with adjoining development and the intended purpose of the District in which it is to be located and will not impair an adequate supply of light and air to adjoining property.

(4)

That adequate landscaping and screening is provided.

(5)

That adequate off-street parking and loading is provided and ingress and egress is so designated as to cause minimum interference with traffic on abutting streets.

(6)

That the use conforms with all applicable regulations governing the District where located, except as may otherwise be permitted for planned unit developments.

(7)

That the use not result in substantial economic, noise, glare or odor impacts on adjoining properties generally in the District.

(B)

In the event an authorized special exception use is not implemented within twelve (12) months from the date authorized, then the authority for such special exception use shall lapse and be of no further force and effect.

(C)

In the event an authorized or existing special exception use is discontinued for a period of two (2) years there shall be an abandonment thereof, and such special exception use shall thereby be immediately terminated and may not thereafter be revived except upon new application and approval by the Town Commission.

('81 Code, § 6.08) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 226, passed 3-23-04; Am. Ord. 386 , passed 7-26-22)