For the purpose of protecting, promoting and improving the public health, safety, morals and general welfare of the Town and its inhabitants, the Town is hereby divided into the following Districts:

(A)

R1-A. Residential, low density (single-family).

(B)

R1-B. Residential, low density (single-family).

(C)

R1-C. Residential, low density (single-family).

(D)

R1-D. Residential, low density (single-family).

(E)

R1-E. Residential, low density (single-family, recreational).

(F)

R1-F. Residential, low density (single-family).

(G)

R2-A. Residential, medium density (single-family, Townhouses, and municipal buildings and facilities).

(H)

R3-A. Residential, medium density (single-family, two-family or Townhouses).

(I)

R3-B. Residential, medium density (single-family, two-family, Townhouses, multi-family).

(J)

R-C1. Residential-commercial (limited) (medium density; low intensity of use).

(K)

R-C2. Residential (limited)-commercial (medium density; low intensity of use).

(L)

C3. Commercial (limited) (medium density of use).

(M)

WS. Water area/open space.

('81 Code, § 3.10) (Ord. 97, passed 4-26-67; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 142, passed 4-28-86; Am. Ord. 212, passed 2-25-03)

The boundaries of the Districts established are as set forth in the following section.

('81 Code, 3.20)

(A)

District R1-A (Formerly District "A"). Bounded on the south by the southerly line or boundary of the Town; on the east by the waters of the Atlantic Ocean; on the north by the northerly line of the property now or formerly owned by Felix LaTour, which northerly line is approximately 795 feet north from the southerly boundary of the Town; and on the west by the waters of Lake Worth.

(B)

District R1-B. Bounded on the south by the northerly line of the property now or formerly owned by Felix LaTour, which line is also the northerly boundary of Residence District R1-A; on the east by the waters of the Atlantic Ocean; on the north by that line which is 355 feet north of and parallel to the south boundary of Lot 12 as shown and designated on Commissioners' Map Gedney vs. Pierson Partition Chancery No. 8802, dated February 22, 1932, made by Fugate and Brockway Engineers, as described in the deed recorded in Deed Book 854, Page 3, Palm Beach County, Florida, public records; and on the west by the waters of Lake Worth that separate the Island of Palm Beach from Hypoluxo Island.

(C)

District R1-C. Bounded on the south by that line which is 355 feet north of and parallel to the south boundary of Lot 12 as shown and designated on Commissioners' Map Gedney vs. Pierson Partition Chancery No. 8802, dated February 22, 1932, made by Fugate and Brockway Engineers, as described in the deed recorded in Deed Book 854, Page 3, Palm Beach County, Florida, public records, which southerly line is also the northerly boundary of Residence District "R1-B"; on the east by the waters of the Atlantic Ocean; on the west by the waters of Lake Worth; and on the north by a line which is the southern lot line of Lot 1, according to Map No. 1, Hypoluxo Beach, a subdivision of the county, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for the county, recorded in Plat Book 16, Page 2 and the easterly and westerly extensions of the lot line, if any, to the intersection with the east and west boundaries

(D)

District R1-D (formerly District "D"). Constituted by all that part, parcel or portion of Hypoluxo Island, which lies within the corporate limits of the Town with the exception of the land included in District R3-A, District R-C1 and District WS.

(E)

District R1-E. Beginning at the point of intersection of the centerline of Lands End Road and the westerly extension of the north line of Lot 62, Replat of Plat No. 2, Point Manalapan, as the replat is recorded in Plat Book 26, page 130, Public Records of the county; thence northerly along the centerline of Lands End Road and the northerly extension thereof to the point of intersection of the extended centerline of Lands End Road and a line parallel to and 385 feet northerly from, measured at right angles to the north line of Lot 76 of the Replat of Plat No. 2, Point Manalapan; thence easterly along the parallel line a distance of one hundred fifty (150) feet; thence southerly along a course at right angles to the preceding course a distance of 255 feet and the intersection of the south boundary of District "R-C1"; thence easterly along the southern boundary of District "R-C1" to the waters of Lake Worth on the eastern shores of Hypoluxo Island; thence southerly meandering the east shoreline of Hypoluxo Island and westerly meandering the continuation of the east shoreline of Hypoluxo Island to the northeast corner of Lot 62, as shown on the aforementioned replat of Plat No. 2, Point Manalapan; thence westerly along the north line of the Lot 62 and westerly extension thereof to the point of beginning.

(F)

District R1-F. A parcel of land in Sections 10 and 15, Township 45 South, Range 43, the county, being more particularly described as follows:

(1)

Beginning at the Southeasterly corner of Lot 63 Replat of Plat No. 2, Point Manalapan as same is recorded in Plat Book 76, at Page 130, Public Records of the county, run thence North 75°04'00" West along the Southerly line of the Lot 63 a distance of 130.94 feet to a point and from the point run thence by the following numbered courses: South 09°57'40" East, 80.65 feet; thence South 02°46'44" West, 54.12 feet; thence South 05°09'54" East, 40.93 feet; thence South 01°29'53" East, 44.59 feet; thence South 01°13'26" East, 49.22 feet; thence South 04°17'33" West, 33.91 feet; thence South 02°18'09" West, 53.26 feet; thence South 00°05'42" East, 48.67 feet; thence South 04°12'30" East, 60.95 feet; thence South 01°59'19" East, 64.91 feet; thence South 00°20'16" West, 80.78 feet; thence South 07°27'35" East, 42.33 feet; thence South 01°38'35" West, 69.41 feet; thence South 07°37'13" West, 56.11 feet; thence South 03°54'49" West, 45.57 feet; thence South 01°38'13" East, 42.58 feet, thence South 11°57'12" East, 69.33 feet; thence South 01°35'32" East, 106.69 feet; thence South 00°32'57" West, 137.99 feet; thence South 09°48'21" West, 27.68 feet; thence South 15°43'39" West, 56.16 feet; thence South 05°54'00" West, 33.99 feet; thence South 04°30'10" West, 28.91 feet; thence South 09°16'10" East 66.17 feet; thence South 04°53'46" East, 107.85 feet; thence South 04°53'49" East, 104.60 feet; thence South 05°19'32" West, 89.22 feet; thence South 08°18'56" West, 202.61 feet; thence South 03°22'52" West, 110.04 feet; thence South 00°46'01" West, 99.24 feet; thence South 01°04'51" East, 275.21 feet; thence South 07°54'58" East, 141.75 feet; thence South 13°34'32' East, 80.68 feet; thence South 20°27'04" East, 67.21 feet; thence South 23°41'55" East, 75.20 feet; thence South 34°11'17" East, 42.63 feet; thence South 51°44'12" East, 27.60 feet; thence North 86°22'05" East, 27.94 feet; thence North 81°19'58" East, 93.78 feet; thence North 78°07'15" East, 38.31 feet; thence North 65°44'54" East, 27.77 feet; thence North 44°05'33" East, 45.92 feet; thence North 01°33'05" East, 74.23 feet; thence North 00°09'08" East, 131.65 feet; thence North 01°45'47" West, 83.04 feet; thence;

(2)

Thence continue Northerly meandering the shores of Lake Worth a distance of 2,332 feet, more or less, to a point in the Southerly Right-of-Way Line of Audubon Causeway as same is shown on aforesaid Replat of Plat No. 2, Point Manalapan; thence North 75°04'00" West along the Right-of-Way Line 195.53 feet; thence North 14°56'00" East 40.00 feet to the point of beginning.

(G)

District R2-A. Bounded on the east by the waters of the Atlantic Ocean; on the west by the waters of Lake Worth; on the south by a line which is the southern lot line of Lot 1, according to Map No. 1, Hypoluxo Beach, a subdivision in the county, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for the county, recorded in Plat Book 16, Page 2, and the easterly and westerly extensions of the lot line, if any, to the intersection with the east and the west boundaries hereof; and on the north by the north line of the Lot 1 and its easterly and westerly extensions to the east and the west boundaries hereof; the south boundary thereof being the north boundary of District R1-C, the north boundary thereof being the south boundary of District R3-B and the north boundary being also described as a line, parallel to the southerly right-of-way line of East Ocean Avenue (formerly known as Lantana Avenue), extending from the shores of the Atlantic Ocean westerly to the shores of Lake Worth and lying 1,348.18 feet south of the southerly boundary of the right-of-way of East Ocean Avenue.

(H)

District R3-A (formerly District "G"). Beginning at the northwest corner of Lot 78, Plat No. 5, Point Manalapan, as the plat is recorded in Plat Book 28, Page 206, Public Records of the county, and from the point of beginning run easterly along the north line of the Lot 78 and the extension thereof a distance of 226.55 feet to the centerline of Lands End Road as shown on the Plat No. 5; thence southerly along the centerline of the Lands End Road a distance of 201.38 feet; thence easterly along a line parallel to and 200 feet southerly from, measured at right angles to, the north line of the Plat No. 5 to the point where the aforementioned parallel line intersects the easterly boundary of the Plat No. 5; thence northerly along the easterly boundary of the Plat No. 5 to the northeast corner of Lot 83 as shown on the Plat No. 5; thence easterly along a line parallel to and 335 feet southerly from, measured at right angles to the north line of Section 10, Township 45 south, range 43 east, the county, a distance of 420 feet more or less to the eastern shore of Hypoluxo Island; thence southerly meandering the east shore line of Hypoluxo Island to the point where the shore line intersects the northern boundary of District "RC-1"; thence westerly along the northern boundary of District "R-C1" to the northwest corner of the District "R-C1"; thence southerly along the westerly boundary of District "R-C1" also being the southerly extension of the centerline of Lands End Road as shown on the aforementioned Plat No. 5, to the point where the centerline of Lands End Road intersects a line parallel to and 255 feet northerly from, measured at right angles to the north line of Lot No. 76, Replat of Plat No. 2, Point Manalapan, as recorded in Plat Book 26, Page 130, Public Records of the county; thence westerly along the parallel line a distance of 175 feet to the western shore of Hypoluxo Island; thence northerly along the western shore of Hypoluxo Island a distance of 728 feet more or less to the point of beginning.

(I)

District R3-B (formerly District "F"). Bounded on the south by a line parallel to the southerly right-of-way line of East Ocean Avenue extending from the shores of the Atlantic Ocean westerly to the shores of Lake Worth and lying 1,348.18 feet south of the southerly boundary of the right-of-way of East Ocean Avenue; on the east by the waters of the Atlantic Ocean; on the north by the southerly boundary of District RC-2 and on the west by the waters of Lake Worth.

(J)

District R-C1 (formerly District "H") Beginning at the southwest corner of Tract "X," Plat No. 5, Point Manalapan as the plat is recorded in Plat Book No. 28, Page 206, Public Records of the county, and from the point of beginning run east along a line perpendicular to the east right-of-way line of Lands End Road a distance of 600 feet, more or less, to the eastern shore of Hypoluxo Island; thence southerly meandering the east shore line of Hypoluxo Island to the point where the shore line intersects the northern boundary of District "OS"; thence westerly along the northern boundary of District "OS" to the intersection of the northern boundary of District "OS" and a line parallel to and 150 feet westerly from measured at right angles to, the southerly extension of the centerline of Lands End Road, as shown on the Plat No. 5; thence northerly along the parallel line a distance of 255 feet, thence westerly along a line perpendicular to the southerly extension of the center-line of Lands End Road a distance of 150 feet and the intersection of the centerline with this course; thence northerly along the aforementioned southerly extension of the centerline of Lands End Road a distance of 225 feet; thence run easterly along a line perpendicular to the extension of the centerline a distance of twenty-five (25) feet to the point of beginning.

(K)

District R-C2 (formerly part of District "E"). Bounded on the south by the northerly line of the property now or formerly owned by Spelean Prentice, which line is also the northerly boundary of District R3-B; on the east by the centerline of State Road A-1-A; on the north by the northerly line or boundary of the Town; and on the west by the waters of Lake Worth that separate the Island of Palm Beach from Hypoluxo Island.

(L)

District "C3" (formerly part of R-C2; District R-C2 was formerly "E"). Bounded on the south by the northerly line of the property now or formerly owned by Spelean Prentice, which line is also the northerly boundary of District R3-B; on the east by the waters of the Atlantic Ocean; on the north by the northerly line or boundary of the Town; and on the west by the centerline of State Road A-1-A.

('81 Code, Schedule A) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 142, passed 4-28-86; Am. Ord. 198, passed 3-26-02; Am. Ord. 212, passed 2-25-03)

(M)

District "WS" (formerly District "I"). The area constituting this District shall be all of that area of the Town, in both land and water areas, not now described as being a part of any of the described Districts.

(Am. Ord. 212, passed 2-25-03)

(A)

The zoning map entitled Zoning Map of Manalapan, dated April 1988, prepared in the office of Executive Management and Engineering Consultants, Inc., depicting Zoning Districts R1-A, R1-B, R1-C, R1-D, R1-E, R1-F, R2-A, R3-A, R3-B, R-C1, R-C2, C3 and WS, is adopted in pursuance of Ordinance 97, as amended, and is and shall be the official Zoning Map of the Town.

(B)

The boundaries of the Districts may be shown upon a zoning map which depicts the Districts described herein and which the Town Commission may approve by resolution adopted at any time. Any such approved zoning map is hereby adopted by reference and made a part hereof, and entitled "Zoning Map of the Town of Manalapan, Florida."

(C)

The approved zoning map and all the notations, references and other information shown thereon are a part of this chapter as if such information set forth on the map were all fully described and set out herein. This zoning map, properly approved, shall remain at all times on file in the office of the Town Clerk. The boundaries of such Districts as are shown upon the map adopted by this section, or any subsequent amendment thereto, are hereby adopted and approved, and the regulations of this chapter governing the use of land and buildings, the height of buildings, building site areas, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every District shown upon such map. Such an approved zoning map shall control the interpretation of District boundaries when in conflict with, inconsistent with or at variance with legal descriptions set forth in this chapter.

(Ord. 148, passed 5-26-87; Am. Res. 3-88, passed 5-31-88; Am. Res. 7-2002, passed 4-30-02; Am. Ord. 212, passed 2-25-03)

(A)

Schedules of use regulations. The restrictions and controls intended to regulate development in each District are set forth in each subchapter.

(B)

Application of regulations. Except as hereinafter provided:

(1)

No buildings shall be located, erected, constructed, added on to, reconstructed or structurally altered, nor shall any building or land be used which is not specifically permitted by or which does not comply with all the District regulations established by this chapter for the District in which the building or land is located.

(2)

The minimum yards and other open spaces, including the intensity of use provisions contained in this chapter for each building located, erected, constructed, maintained, added on to, reconstructed or structurally or otherwise altered subsequent to the enactment of this chapter shall not be encroached upon or considered as compliance with yard or open space requirements or intensity of use-requirements for any other building or adjoining building. No lot or yard existing at the effective date of this chapter shall thereafter be reduced in dimension or area below the minimum requirements set forth in this chapter. Lots or yards created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(3)

Every building located, erected, constructed, added on to, reconstructed or structurally or otherwise altered subsequent to the enactment of this chapter shall be located on a lot fronting on either a private or public street.

(4)

No accessory uses or structures shall be permitted or made, located, erected, added on to, reconstructed or structurally or otherwise altered unless and until a permitted use or structure is established before or simultaneous with the accessory use or structure. Certain of the listed special exception uses shall be treated the same if they are subordinate to the principal use such as essential services and pedestrian passageways under A1A.

(5)

Land areas of a proposed development site required to be included in computations for meeting requirements on percentage of lot coverage, and on open yard area of a lot, must be land having the same zoning classification as that zoning in which the principal building or use is located.

(6)

Medical marijuana treatment center dispensing facilities, as defined in Section 151.003 of the Code, are banned and therefore strictly prohibited from locating in any Zoning District within the Town, as authorized by Senate Bill 8A signed into law on June 23, 2017 as Chapter 2017-232, Laws of Florida.

('81 Code, §§ 4.10 and 4.20) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 356, § 4, 9-26-17)

Cross reference— Penalty, see Section 151.681

The use regulations set forth in this chapter including a statement of the purpose of each District and the permitted, accessory and special exception uses for each District shall control development within each District.

('81 Code, § 4.30) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)