Applications for permission to construct two family dwellings, Town houses, multiple family dwellings and/or commercial buildings shall be accompanied by a site development plan showing all structures, roadways, paths, parking areas, recreation areas, utility and exterior lighting installations and landscaping on the site, all existing structures and usages within two hundred (200) feet of the site boundaries, and any other elements as may be deemed essential by the Building Official. No permit to construct shall be issued until the site plan has been approved by the Town Commission. Before approving the site plan, the Town Commission shall make findings that the following requirements are met: that all proposed site traffic accessways are safe and adequate; that the interior traffic circulation system is safe and adequate; that all required parking spaces are provided and are easily accessible; that useable open space is disposed of in such a way as to ensure the safety and welfare of the residents; that adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other; that the proposed site is landscaped to further enhance the natural qualities of the land; and that proper screening as required herein has been provided. No certificate of occupancy shall be issued for any building or portion thereof unless all buildings and facilities included in the site plan have been provided in accordance therewith.

('81 Code, § 6.09) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Boats, ships or water vessels anchored or moored in water areas within the Town or docked shall not be used as a primary residence or dwelling or resided upon under any circumstances. Such vessels may be slept in or upon overnight within the Town only as permitted hereinbelow. No business activity shall be conducted on or from any boat, ship or water vessel anchored, moored or docked within the Town. Boats, ships or water vessels docked may be slept in or upon only under the following conditions:

(A)

The boat, ship or water vessel has built in long term sleeping and living accommodations;

(B)

The boat, ship or water vessel is used or occupied by the captain and crew;

(C)

The boat, ship or water vessel is used only by the family actually residing in the primary residence or dwelling, its relatives or by its bona fide guests; and

(D)

The boat, ship or water vessel may only be used for sleeping overnight in accordance with the above-stated regulations a maximum of thirty (30) days out of any sixty (60) days. Houseboats are strictly prohibited.

('81 Code, § 6.10) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

No structure or use shall be allowed for any trade, industry or other use or purpose that is obnoxious or offensive by reason of the emission of odor, dust, smoke or noise.

('81 Code, § 6.11) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

No stands or open counters for eating, drinking or other purposes shall be erected or permitted or used anywhere in the Town unless enclosed within a building.

('81 Code, § 6.13) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

In all Districts, it shall be unlawful for the owner, lessee or other person in the possession or control of any property or any building designed as a residence to use or to allow such property or residence to be used for the purpose of holding conventions or entertaining more or less continuously a larger number of persons than such property or residence is zoned for or usually accommodates; provided, however, this section shall not be deemed to prohibit the entertainment of bona fide guests of the owner, lessee or other persons in possession or control of any residence. Continuing invitation to persons residing in any given hotel or multiple family dwelling or to the general public shall not be considered the entertainment of bona fide guests within the meaning of this section, but shall be deemed the equivalent to the creation of a club and contrary to this chapter.

('81 Code, § 6.14) (Ord. 97, passed 4-26-76; Am. Ord. 112, passed 5-22-79; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

Public property. It shall be unlawful for any owner, agent, operator or person in charge of any bus, pole trailer, boat trailer, semi trailer, trailer, mobile home, pickup truck, camper, caravan, truck and/or truck tractor, to park, stop, store or keep such motor vehicle on any public street, alley or other thoroughfare or any right-of-way within the Town limits for a period exceeding two (2) hours in any twenty-four (24) hour period, each such period commencing at the time of first stopping or parking. Vehicles used in the construction of buildings, maintenance of properties, streets, roads and highways, and in connection with essential services and utilities are hereby exempt from the restrictions of this section.

(B)

Private property. It shall be unlawful for any owner of property, owner's agent, or other person or persons actually in possession and control of a premise to park on, cause to be parked on, or allowed to be parked on his or her, its' or their property, any bus, pole trailer, boat trailer, semitrailer, mobile home, pickup truck, camper, caravan, truck and/or truck tractor for a period exceeding two (2) hours in any twenty-four (24) hour period, each such period commencing at the time of first stopping or parking. Vehicles used in the construction of buildings, maintenance of properties, streets, roads and highways, and in conjunction with essential services and utilities are hereby exempted from the restrictions of this section as are all vehicles privately owned by the property owner, his or her agent or other person or persons actually in possession and control of the premises, provided the vehicles are effectively screened from the view of the public.

('81 Code, §§ 6.15 and 6.16) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

No structure, garage, shed, tent, trailer or temporary building of any kind shall be located, erected, constructed, added on to, repaired, reconstructed, altered, maintained or used on any lot prior to commencement of the primary use or structure and the same shall not be used for permanent or temporary residence purposes; provided, however, this section shall not be deemed or construed to prevent the use of a temporary construction shed during the period of actual construction of any structure, which temporary construction shed shall have inside adequate sanitary toilet facilities for workmen.

('81 Code, § 6.18) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Any business or commercial activity of any kind conducted in a dwelling within the Town, hereinafter referred to as a "home occupation," shall be secondary and incidental to the dwelling's principal use as a residence. For purposes of this chapter, the accessory use of "home office" in any Town zoning district shall also be characterized as a "home occupation" and shall be subject to the regulations of this section in addition to any regulations for the district's accessory use of "home offices". All home occupations within the Town shall strictly observe the following regulations:

(A)

Only members of the immediate family permanently residing in the dwelling shall be employed in the home occupation. In addition, a total of up to two employees or independent contractors not residing within the dwelling may also work at the home occupation.

(B)

No alteration of the exterior character or appearance of the dwelling shall occur before obtaining the requisite approval from the Architectural Commission or Town Commission as provided in Chapter 152, Town Code.

(C)

The home occupation shall be conducted entirely within the dwelling. Retail transactions may only be conducted within the dwelling. Incidental business uses or activities may occur at the property.

(D)

The home occupation shall comply with all applicable off-street and on-street parking regulations as provided within Chapters 72 and 151, Town Code.

(E)

The home occupation shall not require any additional parking beyond that required to be provided within the dwelling's residential district as set forth in Chapter 151, Town Code.

(F)

There shall be no advertising, display, or external evidence of a home occupation on the dwelling's premises, other than those signs permitted for similarly-zoned dwellings. See also Chapter 158, Town Code.

('81 Code, § 6.19) (Ord. 97, passed 4-26-76; Am. Ord. 265, passed 8-22-06; Am. Am. Ord. 382, passed 1-25-22)

Cross reference— Penalty, see Section 151.681

Only dogs, cats, birds (confined in cages or otherwise restrained) and fish (in tanks or ponds) may be kept in responsible numbers as pets for the pleasure and use of the occupants of the principal residential use on any lot, but not for any commercial or breeding use or purpose. No other animals, birds or reptiles of any kind, nature or description shall be permitted or maintained on any lot or lot of record.

('81 Code, § 6.20) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

All streets, alleys, ways, easements and the like and parts of the same and all land within the respective Districts hereof, whether owned or held by the state, or any of its political subdivisions or agencies or any other governmental unit or body, shall be controlled and governed by all laws, ordinances, (particularly including, but not limited to, zoning ordinances), regulations and the like applicable to the District in which the same is located.

('81 Code, § 6.21) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

(A)

No individual water supply system shall be permitted on any lot or land except solely for irrigation purposes or other non-domestic and non-consumption uses.

(B)

All landscaped areas and all yard areas shall comply with the Town's Water Conservation and Landscape Code requirements and shall have permanently located sprinkler or irrigation systems adequate to disburse water to all parts of the areas under a water main pressure of forty (40) pounds per square inch (psi) at the site. Such system need not comply with setback requirements of this chapter.

('81 Code, §§ 6.22 and 6.23) (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

(A)

No hospital, child care center, nursing home, group care home for more than ten residents including staff, emergency shelter for more than six (6) persons other than staff or recovery home for more than ten (10) persons including staff, shall be permitted. Congregate living facilities consisting of a group care or recovery home for ten (10) or less persons or residents including staff, or of an emergency shelter for six (6) or less persons other than staff may not be located, erected, constructed, added on to, repaired, replaced, reconstructed, altered or maintained upon any lot or lot of record unless in strict conformance with the following and all other applicable statutes, ordinances, rules and regulations.

(B)

All structures and facilities shall be set back no less than fifty-five (55) feet from the front and rear lot lines, or mean high water line, whichever is greater, and shall be set back no less than twenty-five (25) feet from the side lot lines.

(C)

Parking shall be no closer than ten (10) feet from any lot line and shall not be visible from any street.

(D)

One parking space is required for each staff member, including part-time staff, and one and one-half (1½) parking spaces are required for each non-staff resident.

(E)

The perimeter of all use areas, including buildings, parking areas, recreational facility installations and other such physical structures or areas, shall be landscaped with hedgerow that will attain no less than six (6) feet in height and eighty (80) percent opacity at maturity, the same to be reached in no more than one year from planting.

(F)

There shall be a minimum of one (1) full-time staff member, resident or non-resident for each non-staff person or resident.

(G)

Sprinkler systems shall be required in all sleeping areas and all food preparation areas.

(H)

All construction shall be concrete block with stucco exterior ("CBS") and wood shake roof construction is not permissible.

(I)

Only congregate living facilities licensed by the Department of Health and Rehabilitative Services of the state shall be permitted.

(J)

Notwithstanding any other provision of this chapter or any other Town ordinance, no temporary or permanent identification, directional or similar sign denoting name or purpose of the establishment shall be permitted.

(K)

Building standards.

(1)

Residential character. All parts of the structure and facilities shall be maintained in a residential character, both interior and exterior.

(2)

Floor area requirements. To avoid unsafe or unhealthy conditions that may be produced by overcrowding of persons living in facilities, a minimum floor area per person shall be required, measured from interior walls of all rooms and including closet space, as follows:

(a)

Total interior living space: minimum of four hundred (400) square feet of interior living space provided per facility resident, staff or non-staff, not including areas of common use.

(b)

Minimum sleeping areas: minimum of one hundred fifty (150) square feet provided in each sleeping space per single occupancy; minimum of one hundred fifty (150) square feet of living area provided for each occupant in a sleeping space for multiple-occupancy.

(3)

Bathroom facilities. Full bathroom with toilet, sink and tub or shower shall be provided for each resident or, in the event of multiple occupancy use, for each two (2) residents. An additional toilet and sink shall be provided for each additional group of four (4) or less staff or non-staff resident.

(4)

Density limitations. Measured from the closest property line, no residential care facility shall be permitted within five hundred (500) feet from another such facility of the same type, without regard to size.

(Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

In Districts R1-A and R1-B, only as a Special Exception use, one (1) passageway under South Ocean Boulevard (State Highway A-1-A) per lot or lot of record, bound and maintained by unity of title may be constructed to provide underground pedestrian access from the property located on one side of such road to the property located on the other side of such road, provided that all of the following conditions are met:

(A)

The passageway shall not be designed or constructed so as to be connected to any dwelling or beach house, or allow indoor or covered passage to and from such dwelling or beach house.

(B)

The passageway shall not contain any habitable space, storage space, garage, or room, but shall be designed and constructed so as to provide only for under-road access.

(C)

The passageway shall not exceed eight (8) feet in width on any horizontal plane.

(D)

The passageway shall be limited to pedestrian access, and access for handicapped persons, but shall not allow use by any vehicle which must be licensed to use public roadways.

(E)

The passageway shall have a side set back from the side lot lines of no less than twenty (20) feet.

(F)

Prior to the issuance of a Town building permit, the applicant shall submit a maintenance of traffic plan which shall be approved by the Town Building Official. Such maintenance of traffic plan shall include provision for the presence of not less than one traffic enforcement officer during hours determined to be sufficient and appropriate by the Town Police Chief. Such traffic enforcement officer shall either be an off-duty Town of Manalapan Police Officer, or an off-duty officer from another agency approved in advance by the Town Police Chief. All cost associated with implementation and operation of the approved maintenance of traffic plan shall be paid by the applicant prior to a certificate of occupancy. certificate of completion, or comparable building permit document being issued. In addition, the applicant shall obtain and furnish to the Town all necessary permits from the Florida Department of Transportation, Florida Department of Environmental Protection, and other governmental bodies and agencies having jurisdiction.

(G)

The passageway shall be well lit on the inside and lights shall be placed at each end of the passageway outside the passageway.

(H)

Secure doors may be placed at each end of the passageway.

(I)

The bottom of the passageway should be higher than the FEMA flood stage elevations (this will restrict direct flow of water from the ocean to the Intracoastal waterway during peak storm surge).

(J)

Minimum vertical clearance of the passageway should be six (6) feet eight (8) inches, and maximum vertical clearance should be no more than necessary.

(K)

Berm and dune elevations on the ocean side of the passageway should be constructed in such a way to limit wave uprush into the passageway area.

(L)

Berms on the west side of A-1-A should be graded in such a way as to form a barrier to direct flow of water through the passageway.

(M)

Side yard setbacks of the passageway should allow adequate space for utilities, water, electric and the like to pass either over the top of the passageway or below the foundation of the passageway.

(N)

The planning of the passageway should allow adequate space for utilities, water, electric and the like to pas either over the top of the passageway or below the foundation of the passageway.

(O)

While the passageway will extend seaward of the new Coastal Construction Control Line (CCCL), it should not extend easterly beyond the setback from South Ocean Boulevard, and it should not extend westerly beyond the setback from South Ocean Boulevard.

(P)

The applicant for a permit with the Town should have a registered engineer who is a coastal engineer, certify that the passageway has been designed in such a way to preserve the natural protection afforded by the dune and that the passageway will not increase the risk and/or amount of coastal flooding landward of South Ocean Boulevard.

(Q)

Any and all use of the passageway shall be strictly prohibited unless and/or until a Certificate of Occupancy has been issued for an associated single family dwelling that is located on the same lot or lot of record as the subject passageway. Additionally, if the associated single family dwelling becomes uninhabitable, is abandoned or ceases to exist for any reason whatsoever, any and all use of the subject passageway shall be strictly prohibited unless and/or until a Certificate of Occupancy is issued for a subsequently constructed or rehabilitated single family dwelling.

(Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03; Am. Ord. 220, passed 5-27-03; Am. Ord. 249, passed 6-28-05; Am. Ord. 246, passed 5-24-05; Am. Ord. 254, passed 12-13-05; Am. Ord. 266, passed 11-14-06; Am. Ord. 268, passed 2-27-07; Am. Ord. 395, passed 5-20-25)

Cross reference— Penalty, see Section 151.681

In District WS, solely and only as a Special Exception use, land and/or water areas may be improved to the extent necessary to establish and maintain a preserve for wildlife and/or an area environmentally protected, provided that all of the following conditions are met:

(A)

The Wildlife Preserve will be for wildlife which are native to southeast Florida, the natural habitat of which has been significantly diminished by human development, and the natural habitat of which may be reasonable expected to successfully survive and co-exist in Manalapan without adversely affecting the health, safety, morals and general welfare of the Town's human inhabitants, the preservation of which has been professionally designed, and the preservation of which is recognized as desirable.

(B)

The Environmental Protection Area will be for the protection of aspects of the environment which are diminished or threatened by human development, which are recognized to be desirable to be protected, which have been professionally designed to survive and be preserved, and which can survive and be preserved without adversely affecting the health, safety, morals and general welfare of the Town's human inhabitants.

(C)

The Wildlife Preserve and/or Environmental Protection Area has sufficient financial and other appropriate provision for its preservation and maintenance at least to the level or standard when established and throughout the foreseeable future.

(D)

The Wildlife Preserve and/or Environmental Protection Area are so designed, improved, established and maintained that any human access will be discouraged except for educational purposes and any such access for educational purposes will be sufficiently controlled so as not to disturb either the Preserve, the Area or the Town inhabitants or their health, safety, morals or general welfare.

(E)

The Wildlife Preserve and/or Environmental Protection Area are under the jurisdiction and control of a Town resident or inhabitant or a not-for-profit entity, a major purpose for the existence of which is the preservation of wildlife or the protection of areas of environmental concern.

(Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03)

In all Districts, storm shutter enclosure boxes for storm shutters may be added on to an existing residence and no variance will be required for them to extend up to a maximum of twelve (12) inches (one (1) foot) into a required setback, the protected area into which no other portion of a building is allowed to project, provided that storm shutter(s) and enclosure box(es) are the same color as the color of the exterior of the residence where attached or such other color as may be approved by the Town Architectural Commission.

(Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03)