CHAPTER 12 ? DIVISION 5: ZONING (page 1)
DIVISION 5: ZONINGARTICLE I. IN GENERAL
That the existing Zoning Ordinances of the Town of Hillsboro Beach, Florida, as amended, be and the same are hereby repealed and this Division of the Land Development Code is enacted:
ARTICLE II. SHORT TITLE
This Division of the Land Development Code shall be known, referred to, and recited as “The Zoning Code of 1990”.
ARTICLE III. DEFINITIONS
Section 1. Delineation.
For the purpose of this Division of the Land Development Code, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular; the word “building” shall include the word “structure”; and the word “shall” is mandatory and not directory.
1. Accessory Building: A subordinate building detached from but on the same lot as the main building, the use of which is clearly incidental to that of the dominant use of the main building and land. Accessory buildings shall be permitted only in conjunction with the erection of a single family dwelling in Residential District RS-2, or as allowed in Residential District RPC.
2. Accessory Use: An accessory use is one which is incidental to the main use of the premises, such as but not limited to: guest houses, tool sheds, heater, pump and filter rooms.
3. Alterations: Alter or alteration shall mean any change in size, shape, character, occupancy, or use of a building and/or structure.
4. Apartment: A suite of rooms intended or designed for use as a residence by a single family, including living room, one or more bedrooms, one or more bathrooms, and kitchen.
5. Apartment Dwelling: See Dwelling, Multiple.
6. Basement: For the purpose of this Ordinance, the terms basement and cellar shall be used synonymously. They shall be construed to mean the lower story of a building below the main floor, wholly or partially below the surface of the ground. If a basement or cellar ceiling height is less than three (3’) feet above the average elevation of the finished grade of the ground immediately adjacent to the building, a basement shall not be considered as a story for purposes of height measurement, but that portion of the ceiling height above the average elevation or finished grade of ground immediately adjacent to the building shall be included in determining the building height. If the basement ceiling height is higher than three (3’) feet above the average elevation of the finished grade of the ground immediately adjacent to the building, then such basement shall be construed as a story for height measurement, and the ceiling height elevation over three (3’) feet shall be included in computing building height.
7. Building: Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind.
8. Building, Height Of: For property on the east side of SR A1A, the vertical distance measured from the average dune elevation to the highest point of the roof. For property on the west side of SR A1A, the vertical distance measured from the average roadway crown elevation of SR A1A adjacent to the property to the highest point of the roof. (Ord. No. 173, § 1, 05-04-1993)
9. Ceiling Height: The clear finished height between floor and ceiling shall be not less than eight feet (8’). However, hall, kitchen, and bathroom ceilings may be dropped to provide for illumination, air conditioning, and/or heat ducts. In no event is the clear finished height to be less than seven feet (7’) in the hall, kitchen and bathroom areas.
10. Court: An open unoccupied space bounded or enclosed on all sides by the exterior walls of a building and clearly open to the sky, unobstructed by roof, skylight or other appendages. Area of such a court shall be included as part of the building when computing the percentage of allowable ground coverage.
11. Coverage: That percentage of the lot or plot ground area covered by the plan of all buildings.
12. Drainage: All surplus water which results from rainstorms, air conditioning systems, pool drainage and sanitary effluent.
13. Dwelling: Any building or portion thereof which is designed for and used exclusively for family residential purposes. This definition does not include mobile or floating homes.
14. Dwelling – Single-Family Residential: A building designed for or occupied exclusively by one (1) family.
15. Dwelling – Multiple-Family Residential: A building designed for or occupied exclusively by two (2) or more families.
16. Family: One or more persons occupying a dwelling and living as a single housekeeping unit.
17. Floor Area: The usable floor area of any dwelling unit, exclusive of outside walls, basements, cellars, garages, open or screened patios, porches, balconies, and/or unconnected storage rooms or areas.
18. Garage: A covered and fully enclosed area of the building designed or used for the indoor parking of motor-driven vehicles owned and used solely by the occupants of the building and their guests.
19. Grade: The average elevation of State Highway A1A abutting the plot, or the elevation of the natural terrain, whichever is the higher, prior to any construction, grading, or earth moving.
20. Home Occupation: Any occupation or activity carried on by a member of the immediate family, residing on the premises, but in connection with which there is used no sign other than a name plate of the residents not more than one square foot (1 sq. ft) in area, and/or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. It is understood that no commodity may be sold upon the premises; no person may be employed other than a member of the immediate family residing on the premises; and no mechanical equipment may be used except of a type that is similar in character to that normally used for purely domestic, household, or hobby purposes.
Home occupation shall include the uses of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for emergency consultation or emergency treatment but not for the practice of his profession.
21. Landscaping: Is any improvement to a plot of ground, a structure, or both through the use of grass, shrubbery, trees, stones or any natural products, arranged so as to improve the natural scenery over a given tract so as to produce the best esthetic effect considering the use to which the tract is to be put. See article XII – Additions, exceptions, etc.
22. Living Area: See definition of apartment.
23. Lot: A parcel of land occupied or intended for occupancy by a use permitted in this Ordinance. Each lot shall be not less than one hundred feet (100’) in width measured from the North and South boundaries.
Lots in Zoning District RS-2 shall run from high water mark of the Atlantic Ocean westerly to the easterly boundary of the Intracoastal Waterway.
Lots in Zoning Districts RM-16, RM-30, RPC and CF may run from the high water mark of the Atlantic Ocean westerly to the easterly boundary of the Intracoastal Waterway or may exist as separate properties from the high water mark of the Atlantic Ocean to the easterly right-of-way line of State Highway A-1-A and from the easterly boundary of the Intracoastal Waterway to the westerly right-of-way line of State Highway A-1-A. No lots in these zoning districts may be divided if in doing so any violation of the zoning code results.
Parcels of land in Zoning District PRC shall not be defined as a lot.
This definition shall apply even though different zoning may be in effect in the East and West sides of State Highway A1A.
As used in this Chapter, the word lot shall be synonymous with the word plot (see definition 29). (Ord. No. 167, § 1, 05-04-1992)
24. Measurement: Minimum floor areas shall be measured to the inside of any exterior walls.
25. Non-Conforming Use: The use of a building, or portion thereof, or land or portion thereof, which use does not conform with the use regulations of the district in which it is situated.
26. Parking Space: A paved area, enclosed in the main building, in an accessory building, or unenclosed on the same lot, sufficient in size to store one (1) passenger automobile, exclusive of a hard surfaced driveway connecting the parking space with a street or highway and permitting ingress and egress of any automobile. A minimum of nine feet (9’) by eighteen feet (18’) is hereby designated as a parking space. Each parking space shall be directly accessible from an adequate aisle or driveway leading to State Highway A1A or S.E. 10th Street in the City of Deerfield Beach, without driving over or through any other parking space. Not more than one (1) vehicle shall occupy one (1) parking space. Each parking space in Residential Districts RM-16, RM-30 and RPC shall be clearly marked and shall have an approved tire bumper curb.
27. Penthouse: One or more dwelling units comprising the top floor of a building. Penthouses shall be considered and counted as a story for the purpose of height measurement of a building in determining the permissible number of stories and shall be included in the maximum allowable building height.
28. Plat of Easterly Building Line: A Plat of Easterly Building Line, according to the map recorded in the Miscellaneous Map Book 2, Page 46, of the Public Records of Broward County, Florida.
29. Plot: As used in this Chapter, the word plot shall be synonymous with the word lot (see definition 23). (Ord. No. 167, § 2, 05-04-1992)
30. Signs: See Sign Ordinance of the Town of Hillsboro Beach.[1]
31. Story: That portion of a building, other than a cellar included between the surface of any floor and surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
32. Street: A public thoroughfare which affords the principal means of access to abutting property.
33. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, temporary billboards, back stops for tennis courts, fences, beach platforms and beach steps.
34. Structural Alteration: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, or any change in the interior partitions or walls, excepting such repair or replacement as may be required for the safety of the building.
35. Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining its width of depth, the minimum horizontal distance between the lot line and the main building shall be used.
a. Front Yard: A yard facing State Highway A1A and extending across the full width of the plot between the North and South Lot or Property Lines.
b. Side Yard: A yard extending from the front yard to the rear yard, between the North and South Lot or Property Lines, and the nearest line of any building on the lot.
c. Rear Yard, Ocean Side: A yard facing the Atlantic Ocean and extending across the full width of the plot between the North and South Lot or Property Lines.
d. Rear Yard, Intracoastal Side: A yard facing the Intracoastal Waterway and extending across the full width of the plot between the North and South Lot or Property Lines.
36. Dune Elevation: The highest averaged point of the existing natural dune prior to any construction activities as verified by field survey.
ARTICLE IV. DISTRICTS AND GENERAL REGULATIONS THEREOF
Section 1. In General.
In order to regulate and restrict the location and use of buildings and land for residents; to regulate and restrict the height and size of buildings hereafter erected or structurally altered; to regulate the size of yards and open spaces and the density of population, the Town of Hillsboro Beach is hereby divided into Districts of which there shall be five (5) in number known as:
RS-2 — Single Family Residential District.
RM-16 — Multiple Family Dwelling Residential District with three (3) story maximum limit.
RM-30 — Multiple Family Dwelling Residential District with seven (7) story maximum limit.
RPC — Private Club Multiple Family Dwelling Residential District Ocean & Intracoastal Sides – East and West of State Highway A1A.
PRC — Private Recreation - Conservation District.
CF — Community Facilities District.
Section 2. RS-2 Single Family Residential District.
RS-2 Single Family Residential District shall comprise the following described lands, situate, lying and being in Broward County within the confines of the Town of Hillsboro Beach, Florida:
“South 535 feet of Government Lot 4, Section 8, Township 48 South, Range 43 East, and Government Lot 1 of Section 17, Township 48 South, Range 43 East, and all of Government Lot 1 and Government Lot 5, in Section 20, Township 48 South, Range 43 East, excepting therefrom the South 300 feet described as the ‘Malcolm Property’”.
Section 3. RM-16 Multiple Family Dwelling Residential District with Three (3) Story Maximum Limit.
RM-16 Multiple Family Dwelling Residential District shall comprise the following described lands, situate, lying and being in Broward County, Florida, within the confines of the Town of Hillsboro Beach, Florida:
“All lands in the Town lying North of the lot described as the North 175 feet of the South 1910 feet of Government Lot 4, Section 8, Township 48 South, Range 43 East.”
and
“All lands in the Town, lying on the West side of State Highway A1A, beginning on the South at Hillsboro Landmark Apartments (South 213.66 feet of Government Lot 4, Section 17, Township 48 South, Range 43 East) and extending through the North 110 feet of Government Lot 4, Section 17, Township 48 South, Range 43 East (Southern portion of Willets property).”
and
“All lands in the Town, lying on the West side of State Highway A1A, beginning on the South at Opal Towers (North 400 feet of South 935 feet of Government Lot 4, Section 8, Township 48 South, Range 43 East) and extending northerly through the North 175 feet of the South 1910 feet of Government Lot 4, Section 8, Township 48 South, Range 43 East (Hillsboro Windsor Apartments).”
Less the Town Hall property (see Section 7 for legal description).
Section 4. RM-30 Multiple Family Dwelling Residential District with Seven (7) Story Maximum Limit.
RM-30 Multiple Family Dwelling Residential District shall comprise the following described lands situate, lying and being in Broward County, Florida, within the confines of the Town of Hillsboro Beach, Florida:
“That area of the Town lying on the East side of State Highway A1A, beginning on the South at Hillsboro Landmark (South 213.66 feet of Government Lot 4, Section 17, Township 48 South, Range 43 East) and extending through the North 110 feet of Government Lot 4, Section 17, Township 48 South, Range 43 East (Southern portion of Willets property).”
“That area of the Town lying on the East side of State Highway A1A, beginning on the South at Opal Towers (North 400 feet of South 935 feet of Government Lot 4, Section 8, Township 48 South, Range 43 East) and extending northerly through the North 175 feet of the South 1910 feet of Government Lot 4, Section 8, Township 48 South, Range 43 East (Hillsboro Windsor Apartments).”
Section 5. RPC Private Club Multiple Family Dwelling Residential District.
“The South 300 feet of Government Lot 5, Section 20, Township 48 South, Range 43 East and the 533.8 feet of Government Lot 1 being adjacent to North of a two (2) Acre Tract of land sold to the United States Government for a right-of-way located in Government Lot 1, Section 29, Township 48 South, Range 43 East, Broward County, Florida.”
Section 6. PRC Private Recreation - Conservation District.
“All that portion of the Town lying west of the mean high water line and easterly of the easterly building line as described according to the map recorded in the Miscellaneous Map Book 2, Page 46, of the Public Records of Broward County, Florida.”
Section 7. CF - Community Facilities District.
“The south 200 feet of the north 1700 feet of Government Lot 1, lying west of State Road A1A Right of Way in Section 8, Township 48 South and Range 43 East, said lands lying in Broward County, Florida (Town Hall property).”
Section 8. Annexation of Territory.
All territory which may hereafter be annexed to the Town of Hillsboro Beach shall be automatically zoned the same as the properties located in the Town of Hillsboro Beach which are abutting the annexed property or properties until otherwise changed by Ordinance, after Public Hearing.
Section 9. Under Water Areas.
All areas within the corporate limits of the Town of Hillsboro Beach which are under water and not shown as included within any district, shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
Section 10. District Exceptions and Provisions.
Except as hereinafter provided:
1. District Purpose. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
2. District Height Limits. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
3. Conformity to Area Regulations. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
4. Minimum Yard, Open Space and Lot Area Per Family Regulations. The minimum yard requirements, and other open space requirements, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced beyond the district requirements of this Ordinance.
5. Minimum Size and Number of Parking Spaces. No reduction shall be made in any manner in the minimum size, or number of parking spaces required in this Ordinance, irrespective of whether they are existing when this Ordinance is adopted or if subsequently established.
6. Provision for Building Location. Every building hereafter erected or structurally altered shall be located on a lot as herein elsewhere defined and in no case shall there be more than one (1) main building on one (1) lot in RS-2 Single Family Residential District unless otherwise provided in this Ordinance.
7. Mobile Home Restrictions. No building, or structure of any nature whatsoever, including trailers and mobile homes, shall be moved within or into a lot or plot in the Town of Hillsboro Beach for residential purposes.
8. Materials and Equipment. No used materials or equipment of any nature whatsoever shall be used in the construction or alteration of any building except used brick and authenticated antiques.
9. Architectural Conformity. No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in general conformity with the architectural style of adjacent buildings and buildings of the Town of Hillsboro Beach.
Article V. RS-2 Single Family Residential District Regulations
Section 1. In General.
The regulations set forth in this Article, or set forth elsewhere in this Ordinance when referred to in this Article, are the district regulations in the RS-2 Single Family Residential District.
Section 2. Use Regulations.
A building or premises shall be used only for the following purposes:
1. Single-family residential dwellings.
2. Accessory buildings.
3. Home occupations.
Section 3. Height Regulations.
For property east of SR A1A, no building shall exceed thirty-five (35’) feet in height above the dune elevation. For property west of SR A1A, no building shall exceed thirty-five (35’) in height above the roadway crown elevation of SR A1A adjacent to the property.
Section 4. Parking Regulations.
Whenever a single-family dwelling is erected or reconstructed, there shall be provided two (2) solidly enclosed and covered parking spaces. Any unenclosed parking spaces exclusive of driveways, shall not occupy more than twenty (20) percent of the yard space between the front building line and the street, nor
shall it be located in the side yards, nor closer than forty-five (45’) feet to center line of State Highway A1A.
Parking areas and driveways must be paved or other material as approved by the Town Commission, and must have drainage or sumps to insure no runoff or flow of water into State Highway A1A or adjoining properties. Parking areas must be shielded from State Highway A1A by appropriate landscaping. The area between State Highway A1A and the Parking space shall be appropriately landscaped with grass, trees, or shrubbery. A minimum of ten (10’) feet in width, immediately adjacent to the paved edge of State Highway A1A, shall be in grass and this ten-foot area shall be clear and contain no obstructions.
a. Exception. In any area of the Town of Hillsboro Beach which there is not more than fifteen (15’) feet distance between the westerly paved edge of State Highway A1A and the mean high water line along the easterly shore of the Intracoastal Waterway the requirement that “a minimum of ten (10’) feet in width, immediately adjacent to the paved edge of State Highway A1A shall be in grass” shall not apply.
b. Parking prohibition. No parking other than for emergency purposes shall be permitted in any of the areas to which the exception in subsection (a) hereof applies.
Section 5. Yard Regulations.
1. Front Yard. On the east and west sides of State Highway A1A there shall be an open yard having a depth of not less than eighty-five (85’) feet from the center line of said State Highway A1A.
2. Side Yard. There shall be a side yard on each side of the building, having a width of not less than fifteen feet measured from the roof overhang, or six (6) inches per foot of building height, whichever is the greater.
EXCEPTION. Air conditioning compressors, pool pumps and pool heaters may be placed in the “side yard” provided that:
a. None shall exceed four feet (4’) in length, width or height.
b. None shall be separated from the primary structure a greater distance than is necessary for installation, operation and maintenance thereof as determined by manufacturers’ specifications.
c. Landscaping shall screen all such accessory equipment from horizontal view from all points off the lot on which situated.
d. The number of units permitted in the “side yard” shall be limited to four (4), but no more than two (2) in any one “side yard”. (Ord. No. 193, § 1, 07-07-1998)
3. Rear Yard, Ocean Front. No building or part of a building shall extend easterly beyond a line as shown on Plat of Easterly Building Line as defined herein. Retaining walls, fences, barricades, whether connected with the buildings or for the improvement of lots shall not be built, erected or constructed closer than the building setback line as shown on said plat.
4. Rear Yard, Intracoastal Side. No building shall be erected closer than fifteen (15’) feet to the easterly right-of-way line of the Intracoastal Waterway, or fifteen (15’) feet east of any seawall which is erected east of the easterly right-of-way line of the Intracoastal Waterway.
5. Fences and Walls. No fence, wall or structure shall be erected, placed or maintained on any lot within the side yard, rear yard or front yard, except as hereafter provided in Article XIII – Use Regulations, Section 4, paragraph 1.
Section 6. Lot Area Regulation and Density Per Family.
Every lot or tract of land hereafter occupied by a use permitted in this district shall have an area of not less than twenty thousand (20,000) square feet and an average width of not less than one hundred (100’) feet measured between the north and south lot or property lines. Maximum gross density shall not exceed two (2) dwelling units per acre.
Section 7. Dwelling Floor Area.
Every single-family dwelling hereafter erected shall contain a floor area of not less than two thousand (2,000) square feet of enclosed living space, excluding basement, cellar porches, garage, and/or unconnected storage rooms and areas.
Section 8. Accessory Buildings.
Accessory buildings shall conform to the architectural style of the main dwelling, or be typical of the use to which they are put such as green houses, orchid houses, and/or similar structures for this purpose. They shall be placed entirely within the building lines of the lot. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building, except guest houses, shall be used for dwelling purposes.
Section 9. Guest Houses.
Guest Houses shall contain a floor area of not less than one thousand two hundred and fifty square feet (1,250 sq. ft.) shall not be closer than sixteen feet (16’) to the main building and shall be located upon the same side of State Highway A1A as the main building; provided, however, that a guest house conforming to the floor area requirements may be located upon the opposite side of State Highway A1A from the main building whenever the Town Commission is assured that proper legal instruments have been filed insuring that the area on each side of the State Highway will be treated as one (1) building area as long as the guest house remains. Guest houses shall not be rented separately from the main building.
Section 10. Docks and Piers.
No docks or piers shall be permitted along the Atlantic Ocean, but may be constructed along the Intracoastal Waterway. Waterway docks and mooring facilities shall not extend closer than fifteen feet (15’) to any other residentially zoned property. Dock and mooring facilities shall not be higher than two feet (2’) above the top of the adjoining seawall, or the established grade of the seawall if none exists, except that mooring piles may exceed this height.
Further, on Waterways under the jurisdiction of the U.S. Army Corps of Engineers, the permissible projection into the Intracoastal Waterway shall be determined by that organization. (Ord. No. 174, § 1, 05-04-1993)
Article VI. RM-16 Multiple Family Dwelling Residential District
Regulations [With Three (3) Story Maximum Limit]
Section 1. In General.
The regulations set forth in this Article, or set forth elsewhere in this Ordinance, or when referred to in this Article, are the District Regulations in the RM-16 Multiple Family Dwelling Residential District.
Section 2. Use Regulations.
A building or premises shall be used only for the following purposes:
1. Uses Permitted.
a. Any use permitted in RS-2 Single Family Residential District.
b. Multiple Family Residential Dwellings as hereinafter described in this Article.
2. Uses Accessory to Multiple Family Residential Dwellings.
a. Restrictions. No accessory building shall be permitted in this RM-16 Multiple Family Dwelling Residential District.
b. Locations. Accessory uses and/or requirements to multiple family residential dwellings shall be fully enclosed within the main building, or in the enclosed garage or parking areas. These accessory uses shall include, but not be limited to laundry and vending machines, cabana units, sauna units, and sewage treatment facilities.
c. Recreational Uses. Recreational uses or requirements to multiple family residential dwellings, including but not limited to swimming pools, tennis courts, golf courses, putting greens, and shuffle boards may be placed outside the main building in accordance with restrictions elsewhere defined.
d. Limitation of Their Use. All uses accessory to multiple family residential dwellings shall be for the sole use of the occupants and their guests.
3. Docks and Piers. Intracoastal Waterway docks and mooring facilities shall not extend closer than fifteen feet (15’) to any other residentially zoned property. Dock and mooring facilities shall not be higher than two feet (2’) above the top of the adjoining seawall, or the established grade of the seawall if none exists, except that mooring piles may exceed this height. Further, on Waterways under the jurisdiction of the U.S. Army Corps of Engineers, the permissible projection into the Intracoastal Waterway shall be determined by that organization. (Ord. No. 174, § 2, 05-04-1993)
Section 3. Height Regulations.
For property on the east side of SR A1A, no building or structure shall be erected or altered to a height exceeding thirty-five feet (35’) and shall not exceed three (3) stories above the dune elevation. For property on the west side of SR A1A, no building or structure shall be erected or altered to a height exceeding thirty-five feet (35’) and shall not exceed three (3) stories above the roadway crown elevation of SR A1A adjacent to the property.
It is further provided that purely decorative features such as cupolas, tower, railings, not including signs, nor contain any living or recreational areas and not covering more than twenty percent (20%) of the roof area may be erected to an additional height not to exceed fifteen feet (15’), provided that the overall height of the building shall not exceed fifty feet (50’).
Section 4. Parking Regulations.
1. Enclosed Underground Parking. Enclosed underground parking on properties shall not be less than seven and one-half feet (7½’) from the North and South Property Lines, and not closer than forty-five feet (45’) from the center line of said highway, and not closer than fifteen feet (15’) easterly from the East Right of Way Line of the Intracoastal Waterway, and shall not extend beyond the Easterly Building Line as defined in Article III, Section 1 (28).
Whenever a structure is erected, converted or structurally altered in this district, there shall be provided sufficient parking space, fully covered and solidly enclosed, in the ratio of not less than one and one-half (1½) parking spaces for each dwelling unit. Area of garage beyond building shall be covered with adequately furnished patio, recreational area, landscaped area, driveway, or temporary guest parking.
2. Open Parking. Each multiple dwelling building shall be required to have a minimum of one (1) open parking space for each dwelling unit. Each parking space facing a property line shall have an approved tire bumper curb to prohibit parked automobiles from projecting over property lines. Open parking areas, exclusive of in and/or out driveways, shall be located not closer than forty-five feet (45’) to center line of State Highway A1A. Parking areas and driveways shall not be located closer than fifteen feet (15’) to the Easterly Right of Way Line of the Intracoastal Waterway or to the Easterly Building Line as described in Article III, Section 1 (28). Parking areas must have drainage or sump pumps discharging into the Intracoastal Waterway to ensure that water will not flow into said State Highway, or the adjoining properties.
Parking areas must be shielded from State Highway A1A by appropriate landscaping. The area between State Highway A1A and the parking space shall be appropriately landscaped with grass, trees, or shrubbery. A minimum of ten feet (10’) in width, immediately adjacent to the paved edge of State Highway A1A shall be in grass and this ten-foot area shall be green and contain no obstructions.
(a) Exception. In any area of the Town of Hillsboro Beach in which there is not more than fifteen (15’) feet distance between the westerly paved edge of State Highway A1A and the mean high water line along the easterly shore of the Intracoastal Waterway the requirement that “a minimum of ten (10’) feet in width, immediately adjacent to the paved edge of State Highway A1A shall be in grass” shall not apply.
(b) Parking prohibition. No parking other than for emergency purposes shall be permitted in any of the areas to which the exception in subsection (a) hereof applies.
Section 5. Yard Regulations.
1. Front Yard. Every plot shall have a front yard of not less than eighty-five (85’) feet in depth measured from the center line of State Highway A1A. No building, part of a building, or open parking area may be constructed closer than fifty (50’) feet to the northern boundary line of the Town of Hillsboro Beach.
2. Side Yard.
a. Dimension. There shall be a side yard on each side of the building having a width of not less than fifteen (15’) feet measured from the roof overhang, or six (6) inches per foot of building height, whichever is greater.
b. If two (2) or more buildings are constructed on the same plot of ground, there shall be provided on each side of each building a side yard of not less than six (6) inches for each foot of building height, with a minimum of not less than fifteen (15) feet measured between the roof overhang of each building. The required yard of one building shall in no way be considered as the required yard of another building.
c. Additional Requirements. When the distance between (2) lines, drawn parallel to a side property line through two (2) points of the main building or structure, nearest to opposite side yard property lines, exceeds one hundred (100’) feet, each side yard shall be increased over that established by subparagraph “a” above, as follows: One (1’) foot for every two and one-half (2½) feet in length or fraction thereof, over one hundred (100’) feet in length.
3. Rear Yard. No building or part of building shall be erected closer than fifteen (15’) feet to the easterly right-of-way line of the Intracoastal Waterway, or fifteen (15’) feet east of any seawall which is erected east of the easterly right-of-way line of the Intracoastal Waterway or easterly beyond the line shown on the Plat of Easterly Building Line.
Retaining walls, fences, barricades, whether connected with the buildings or for the improvement of lots shall not be built, erected or constructed closer to the building setback line as herein described. No fence, wall or structure shall be erected, placed or maintained on any lot within the side yard, rear yard, or front yards, except as hereafter provided in Article XIII, Section 4, Paragraph (1).
Section 6. Area and Density Regulations.
1. Plot Size, Single-Family Residential Dwelling. Every plot for single-family dwelling shall be not less than one-hundred (100’) feet in width and twelve thousand (12,000) square feet in area.
2. Plot Size, Multiple-Family Residential Dwelling. Every plot for a multiple-family residential dwelling shall not be less than one hundred (100) feet in width, not less than one hundred (100’) feet in depth, and contain not less than twenty five thousand (25,000) square feet in area.
3. Plot Area and Density per Multiple-Family Dwelling Unit. Every plot shall have not less than twenty nine hundred (2,900) square feet of ground area for each multiple-dwelling unit or exceed a maximum gross density of sixteen (16) dwelling units per acre.
4. Ground Coverage. Ground coverage of building or building above ground, shall not exceed thirty-five percent (35%) of the total area of the plot. Driveways and parking areas which must be paved shall not exceed fifteen percent (15%) of the total area of plot.
5. Open Area. Every plot used for a multiple-family residential dwelling or for a single-family dwelling shall have a minimum of fifty percent (50%) of the total area set aside for open recreational and green areas. Every plot shall have a maximum of fifteen (15%) percent of the total area set aside as a paved recreational area, which will include, but not be limited to swimming pools, pool decks, shuffle board and tennis courts. A minimum of thirty-five percent (35%) of the total plot area shall be set aside as a green area. All green areas shall be planted and maintained in lawn and/or landscaping.
Section 7. Floor Areas – Single Family and Multiple Family Dwellings.
1. Single Family Residential Dwelling. The minimum floor area of a single family dwelling shall be two thousand square feet (2,000 sq. ft.) of enclosed living area, excluding basement, cellar, porch or porches, and/or unconnected storage rooms or areas, and accessory building or buildings.
2. Multiple Family Residential Dwelling.
a. One Bedroom Unit. The minimum floor area for each one bedroom unit shall be one thousand square feet (1,000 sq. ft.) of enclosed living area, excluding balconies, porches, terraces and unconnected storage rooms and areas.
b. Two Bedroom Unit. The minimum floor area for each two bedroom unit shall be one thousand three hundred square feet (1,300 sq. ft.) of enclosed living area, excluding balconies, porches, terraces and unconnected storage rooms and areas.
c. Three Bedroom Unit. The minimum floor area for each three bedroom unit shall be one thousand six hundred square feet (1,600 sq. ft.) of enclosed living area, excluding balconies, porches, terraces and unconnected storage rooms and area.
d. Additional Room Area. Each additional room to a three bedroom unit in a multiple family residential dwelling shall contain a floor area of not less than three hundred square feet (300 sq. ft.).
e. Convertible Area. Any area in an apartment unit which may be designated as a den, dining room, or convertible area and which has direct access to a bathroom, half bath, or bath area, or indirect access to these facilities through a corridor, shall be considered a bedroom. This space shall be treated as an extra bedroom and shall be included in the minimum floor area required for this size apartment.
Section 8. Emergency Power.
All multiple family dwellings having elevators, sewage treatment pumps or other necessary pumps, shall install and maintain a generator as an auxiliary power plant adequate to operate simultaneously any or all of this equipment. One operating elevator for each bank of elevators shall be deemed sufficient.
Power for exit and interior emergency lighting shall be provided for by this generation or by battery operated “Panic Lighting”.
Section 9. Storage Requirements.
There shall be adequate space provided within the building for one maintenance and storage room for common property necessary for building maintenance and operation. There shall be further provided a fire-proof room for the storage of all inflammable materials, including but not limited to paint, paint products, gasoline, and acids. Automatic Sprinkler systems shall be provided for both rooms.
Section 10. Employee Sanitary Requirements
There shall be provided within the building adequate toilet and washroom facilities for permanent and temporary employees.
Article VII. RM-30 Multiple Family Dwelling Residential District
[With Seven (7) Story Maximum Limit]
Section 1. In General.
The regulations set forth in this Article, or set forth elsewhere in this Ordinance, or when referred to in this Article, are the District Regulations in the RM-30 Multiple Dwelling Residential District.
Section 2. Use Regulations.
A building or premises shall be used only for the following purposes:
1. Uses Permitted.
a. Any use permitted in the RS-2 Single-Family Residential District.
b. Any use permitted in the RM-16 Multiple-Family Dwelling Residential District.
c. Multiple-Family residential dwellings as hereinafter described.
2. Uses Accessory to Multiple Family Residential Dwellings.
a. Restrictions. No accessory building shall be permitted in this RM-30 Multiple-Family Dwelling Residential District.
b. Locations. Accessory uses and/or requirements to multiple family residential dwellings shall be fully enclosed within the main building, or in the underground garage or parking areas. These accessory uses shall include, but not be limited to laundry and vending machines, cabana units, sauna units, and sewage treatment facilities.
c. Recreational Uses. Recreational uses or requirements to multiple-family residential dwellings, including but not limited to swimming pools, tennis courts, golf courses, putting greens, and shuffle boards may be placed outside the main building in accordance with restrictions elsewhere defined.
d. Limitation of Their Use. All uses accessory to multiple-family residential dwellings shall be for the sole use of the occupants and their guests.
3. Docks and Piers. Intracoastal Waterway docks and mooring facilities shall not extend closer than fifteen feet (15’) to any other residentially zoned property. Dock and mooring facilities shall not be higher than two feet (2’) above the top of the adjoining seawall, or the established grade of the seawall if none exists, except that mooring piles may exceed this height. Further, on Waterways under the jurisdiction of the U.S. Army Corps of Engineers, the permissible projection into the Intracoastal Waterway shall be determined by that organization. (Ord. No. 174, § 3, 05-04-1993)
Section 3. Height Regulations.
For properties on the east side of SR A1A, no building or structure, or part thereof shall be erected to a height exceeding seventy-five (75’) feet or seven (7) stories, whichever is the lesser, measured from the dune elevation. For properties on the west side of SR A1A, no building or structure, or part thereof shall be erected to a height exceeding seventy-five (75’) feet or seven (7) stories, whichever is the lesser, measured from the roadway crown elevation of SR A1A adjacent to the property. The height limitations above, shall not include the housing for stairwells extending to roof or the housing for necessary service and mechanical appurtenances placed upon the roof of the building. These housing structures shall not exceed twenty (20’) feet in height for elevators or fifteen (15’) feet in height for stairwells; and they shall be decorative in design and conform to the architectural style of the multiple-family residential dwelling.
Section 4. Parking Regulations.
1. Enclosed Underground Parking. Enclosed underground parking on properties shall be not less than seven and one-half (7.5’) feet from the north and south property lines, and not closer than forty-five (45’) feet from the center line of said highway, and shall not extend east beyond the easterly building line. Whenever a structure is erected, converted or structurally altered in this district, there shall be provided sufficient parking space, fully covered and solidly enclosed, in the ratio of not less than one and one-half (1.5) parking spaces for each dwelling unit. The area of the garage beyond the building shall be covered with adequately furnished patio, recreational area, landscaped area, driveway, and/or additional open parking, or combination of the foregoing.
2. Open Parking. Each multiple-dwelling building shall be required to have at least one (1) open parking space for each dwelling unit. Open parking areas, exclusive of in and/or out driveways, shall be located not closer than forty-five (45) feet to center line of State Highway A1A. Parking spaces and/or driveways shall not be located east of the easterly building line. Parking areas must be paved and have drainage or sumps to ensure that water will not flow into said state highway, or the adjoining properties.
Parking areas must be shielded for State Highway A1A by appropriate landscaping. The area between State Highway A1A and the parking space shall be appropriately landscaped with grass, trees, or shrubbery. A minimum of ten (10’) feet in width immediately adjacent to the paved edge of State Highway A1A shall be in grass and this ten-foot area shall be clear and contain no obstructions.
a. Exception. In any area of the Town of Hillsboro Beach in which there is not more than fifteen (15’) feet distance between the westerly paved edge of State Highway A1A and the mean high water line along the easterly shore of the Intracoastal Waterways the requirement that “a minimum of ten (10’) feet in width, immediately adjacent to the paved edge of State Highway A1A shall be in grass” shall not apply.
b. Parking prohibition. No parking other than for emergency purposes shall be permitted in any of the areas to which the exception in subsection a. hereof applies.
Section 5. Yard Regulations.
1. Front Yard. Every plot shall have a front yard or street yard not less than eighty-five (85’) feet in depth measured form center line of State Highway A1A. No building, part of a building, or open parking area may be constructed closer than fifty (50’) feet to the north boundary line of the Town of Hillsboro Beach.
2. Side Yard.
a. Dimensions. There shall be a side yard on each side of the building, having a width of not less than fifteen (15’) feet measured form the roof overhang, or six (6) inches per foot of building height, measured from the lowest point of the finished grade, whichever is the greater.
b. If two (2) or more buildings are constructed on the same plot of ground, there shall be provided on each side of each building on a side yard of not less than six (6) inches for each foot of building height, with a minimum of not less than fifteen (15’) feet measured between the roof overhang of each building. The required yard of one building shall in no way be considered as the required yard of another building.
c. Additional Requirements. When the distance between two (2) lines, drawn parallel to a side property line through two (2) points of the main building or structure, nearest to opposite side yard property lines, exceeds one hundred fifty (150’) feet, on each side yard shall be increased over that established by sub-paragraph “a” above, as follows: One (1’) foot for every two and one-half (2.5’) feet in length or fraction thereof, over one hundred fifty (150’) feet in length.
3. Rear Yard.
a. Limitation. No building or part of a building shall extend easterly beyond the line as shown on Plat of Easterly Building Line as defined herein.
b. Restriction on Yard Structures. Parking spaces and driveways, retaining walls, fences, barricades, parking areas, and/or driveways, whether connected with the building or for the improvement of the lot shall not be built, erected or constructed east of the easterly building setback line. No fence, wall or structure shall be erected, placed or maintained on any lot within the side yard, rear yard, or front yard of more than three (3’) feet in height above the finished grade, except as hereinafter provided in Article XIII, Section 4, Paragraph 1.
Section 6. Area and Density Regulations.
1. Single-Family Residential Dwelling. Every plot for a single-family residential dwelling shall not be less than one hundred (100’) feet in width, and shall contain not less than twelve thousand (12,000) square feet in area.
2. Multiple-Family Residential Dwelling. Every plot for a multiple-family residential dwelling shall be not less than one hundred (100’) feet in width, not less than one hundred (100’) feet in depth, and shall contain not less than twenty-five thousand (25,000) square feet in area.
3. Plot Area and Density per Multiple Family Dwelling Unit. Every plot shall have not less than fourteen hundred fifty (1,450) square feet of ground area for each multiple dwelling unit. Maximum gross density shall not exceed 30 dwelling units per acre.
4. Ground Coverage. Ground coverage for buildings above ground shall not exceed twenty-five (25%) percent of the total area of the lot.
5. Open Area. Every plot used for a multiple-family residential dwelling shall have a maximum of fifteen (15%) percent of the total area set aside as a hard surfaced recreational area, which will include but not limited to swimming pools, pool decks, shuffle board and tennis courts. A minimum of thirty-five percent (35%) of the total area shall be set aside as a green area. All green areas shall be planted and maintained in lawn or landscaping. The open parking and driveway areas which must be paved, shall not exceed twenty-five percent (25%) of the total plot area.
Section 7. Floor Areas.
1. Single Family Residential Dwelling. The minimum floor area of a single family residential dwelling shall be two thousand square feet (2,000 sq. ft.) of enclosed living space, excluding basement, cellar, porch and porches, garage, and/or unconnected storage rooms and areas.
2. Multiple Family Residential Dwelling.
a. One Bedroom Unit. The minimum floor area for each one bedroom unit shall be one thousand two hundred fifty square feet (1,250 sq. ft.) of enclosed living area.
b. Two Bedroom Unit. The minimum floor area for each two bedroom unit shall be one thousand six hundred square feet (1,600 sq. ft) of enclosed living area.
c. Three Bedroom Unit. The minimum floor area for each three bedroom unit shall be two thousand square feet (2,000 sq. ft.) of enclosed living area.
d. Additional Room Area. Each additional room to a three bedroom unit in a multiple family residential dwelling shall contain a floor area of not less than three hundred square feet (300 sq. ft.).
e. Average Unit Area. The average floor area for all the dwelling units in the building shall be not less than one thousand five hundred square feet (1,500 sq. ft.) per dwelling unit.
f. Convertible Area. Any area in an apartment unit which may be designated as a den, dining room, or convertible area and which has direct access to a bathroom, half bath, or bath area, or indirect access to these facilities through a corridor, shall be considered a bedroom. This space shall be treated as an extra bedroom and shall be included in the minimum floor area required for this size apartment.
Section 8. Emergency Power.
All multiple family dwellings having elevators, sewage treatment pumps or other necessary pumps, shall install and maintain a generator as an auxiliary power plant adequate to operate simultaneously any or all of this equipment. One operating elevator for each bank of elevators shall be deemed sufficient.
Power for exit and interior emergency lighting shall be provided for by this generator or by battery operated “Panic Lighting”.
Section 9. Storage Requirements.
There shall be adequate space provided within the building for one maintenance room for common property necessary for building maintenance and operation. There shall be further provided a fireproof room for the storage of all inflammable materials, including but not limited to paint, paint products, gasoline and acids. Automatic sprinkler systems shall be provided for both rooms.
Section 10. Employees Sanitary Requirements.
There shall be provided within the building adequate toilet and washroom facilities for permanent and temporary employees.