The following sections of this article define, regulate and ordain the several single-family residential zoning districts of this city.

(Ord. No. 1828, § 4, 7-18-73)

The provisions of this article are declared to be cumulative and additional to all other provisions of this Code. Except where the subject matter is expressly addressed, and except where absurd, self-defeating or contradictory results would otherwise obtain, when the provisions of this article are in conflict with or duplicate other provisions of this Code, the more stringent requirements, regulations and limitations shall apply.

(Ord. No. 1828, § 4, 7-18-73)

The city council hereby declares that it adopts as a planning directive the conceptual goal that the city develop predominately as a low-density residential community, and that single-family owner-occupied residential units be encouraged, fostered and perpetuated as the major implementation tool to achieve such goal.

(Ord. No. 1828, § 4, 7-18-73)

The purpose, intent and methods underlying the comprehensive zoning plan of the city are set forth in section 28-3, and the same are hereby declared applicable to this article and are herewith restated and reaffirmed and made part hereof. It is further declared the intent and purpose of this article to provide and protect suitable locations and good environments for a cross section of single-family housing types and accommodations including those for lower middle income groups, which are needed and marketable in the several single-family residential districts of this city, and to provide reasonable opportunity for owner occupancy of individual single-family residential units.

(Ord. No. 1828, § 4, 7-18-73)

The maximum allowable densities imposed upon lands and property in each of the several single-family residential districts shall be in accordance with the provisions of section 28-336.

(Ord. No. 1828, § 4, 7-18-73; Ord. No. 1951, § 1, 4-9-74)

(1)

The following single-family residential zoning districts are hereby created according to the nomenclature, designations and specifications pertaining thereto, as contained in the following table, and said regulations apply only to subdivision lots platted, or parcels established, after August 15, 1973. Yard regulations for lots and parcels existing prior to August 15, 1973 are contained in section 28-337.

(2)

The minimum dimensions stated in the above table establish the criteria for determining plot area, plot width, living area and front, side and rear yard setbacks for each of the individual single-family zoning districts. The maximum allowable dwelling units per gross acre shall be as stated therein for each category.

(Ord. No. 1828, § 4, 7-18-73; Ord. No. 2274, § 2, 8-12-76; Ord. No. 2483, § 1, 9-26-78; Ord. No. 5198, § 1, 3-27-12)

(1)

Where a lot was a platted lot of record as of August 15, 1973, and the lot was usable as a conforming single-family residential building site at that time, the lot may be used and occupied by a single-family dwelling, and its accessory buildings, provided the minimum yard regulations of the district in effect as of July 27, 1973, are complied with.

(2)

A combination of more than 1 platted lot, or 1 platted lot plus portions of other platted lots of record as of August 15, 1973 where the combination was usable as a conforming single-family residential building site as of August 15, 1973, may be used and occupied by a single-family dwelling, and its accessory buildings, provided the minimum yard regulations of the district in effect as of July 27, 1973, are complied with.

(3)

A portion or portions of platted lots unified in a single deed of record as of August 15, 1973, where the portion or portions were usable as a conforming single-family residential building site at that time, may be used and occupied by a single-family dwelling, and its accessory buildings, provided the minimum yard regulations of the district in effect as of July 27, 1973, are complied with.

(4)

Where two contiguous lots were platted lots of record as of August 15, 1973, each of which platted lots of record was as of August 15, 1973 a fully conforming single family residential building site, then two contiguous single family building sites may be established within the boundaries of said two contiguous platted lots by the filing of a unity of title for each single family building site so established provided that both single family building sites so established and any single family dwelling and accessory buildings constructed thereon, comply with the minimum plot dimensions and minimum yard regulations of the district in effect as of July 27, 1973. In no event shall any single family building site so established be any smaller in gross acreage than the smallest prior platted lot in the subdivision wherein said newly established single family building site is located.

(5)

A portion or portions of unplatted parcels, unified in a single deed of record as of August 15, 1973, where the portion or portions were usable as a conforming single-family building site at that time, may be used and occupied by a single-family dwelling, and its accessory buildings, provided the zoning regulations of the district in effect on July 27, 1973, are complied with.

(6)

For the purposes of subsections (1), (2), (3) and (4) of this section, a list of all plats recorded as of August 15, 1973, and the minimum yard regulations of the districts in effect as of July 27, 1973, shall be maintained in the development services department.

(7)

This section is not intended to supersede the requirement for platting when an existing platted lot or unplatted parcel is subdivided more than once.

(Ord. No. 1828, § 4, 7-18-73; Ord. No. 2319, § 1, 11-30-76; Ord. No. 4997, § 1, 8-28-07; Ord. No. 5198, § 2, 3-27-12)

For the purposes of this article, "living area" shall mean that portion of a building or structure which includes sleeping, eating, food preparation and bathroom areas, but excludes garage, carport, patio, pool area and accessory areas.

(Ord. No. 1828, § 4, 7-18-73)

Cross reference— Definitions and rules of construction generally, § 1-2.

In single-family residential zoning districts, no building, structure, land, or part thereof, shall be erected, altered or used in whole or in part in any single-family residential district, except as follows:

(a)

Permitted uses:

1.

Single-family residences, which shall include homes of 6 or fewer residents which otherwise meet the definition of a community residential home, subject to the provisions of section 28-1304.

2.

Those uses set forth in section 28-1305(a).

(b)

Accessory uses:

1.

Garages, carports, storage buildings, patios, fireplaces, piers, docks, swimming pools, cabanas, tennis courts, tree houses, playground equipment, sports fixtures, athletic areas, putting greens and parking areas, when located on the same plot, to be established by a unity of title declaration under the provisions relating thereto.

2.

No accessory use shall be permitted which involves, directly or indirectly, any business, trade, occupation or profession, except as a lawfully-established home-based business, subject to the requirements set forth in section 28-1533, or as may be specifically permitted herein.

3.

Clubhouses, including restaurant and bar facilities, pro shops and utility buildings for grounds keeping, golf carts and sports activity purposes, shall be considered accessory uses provided that they relate to permissible recreational activities for the single-family residential area which they serve or in which they have been established and allowed as amenities for the single-family residential development.

4.

Baby-sitting services shall be considered accessory uses; provided, however, that baby-sitting services provided at the residence of the sitter shall be limited to a maximum of 5 children including members of the sitter's immediate family under 12 years of age, and no sign advertising that the premises are being used for baby-sitting services shall be permitted. The person furnishing such services shall have obtained a current, valid permit from the county for the operation of a family day care facility, as required by article II of chapter 39, Palm Beach County Code, a valid certificate of use, and payment of a business tax as a children's nursing home.

5.

Municipal utility system buildings and structures, subject to review by the planning and zoning board and approval by the city council.

(Ord. No. 1828, § 4, 7-18-73; Ord. No. 2736, § 1, 5-13-80; Ord. No. 3081, § 1, 3-30-82; Ord. No. 3917, § 3, 5-14-91; Ord. No. 4127, § 2, 11-9-93; Ord. No. 5030, § 13, 4-8-08; Ord. No. 5555, § 1, 1-26-21; Ord. No. 5615, § 4, 7-26-22)

Conditional use approval may be requested in single-family residential districts by the owner of property for the following uses in accordance with division 4 of article II:

(1)

Social service activities and places of worship.

(2)

Child care and adult care centers, and social service activities, any 1 of which may only be allowed as an accessory use to approved institutional uses subject to provisions of section 28-1416 et seq. Any child care and adult care centers and social service activities existing as of July 26, 1988, and conforming as to use or structure as of that date may continue as a legal use under the requirements then in effect.

(3)

Public and nonprofit museums, libraries, social centers, parks and open space and recreational areas including bodies of water and cemeteries. Provided, however, that parks and recreational facilities owned, leased or operated by the city, the Greater Boca Raton Beach and Parks District, or the county shall be a permitted use pursuant to section 28-1305(a).

(4)

Those uses set forth in section 28-1305(c).

(5)

Public, private and parochial schools having an established curriculum, including kindergarten, elementary, middle and high schools, colleges and universities. All activities and facilities normally considered accessory thereto shall be included hereunder, such as dormitories, lunchrooms, bookstores, gymnasiums, playgrounds and athletic fields which are owned and operated by the main facility and used in connection therewith and which are located on the same plot or on a plot which is confined therewith under a unity of title declaration.

(6)

Helistops, as defined, regulated and controlled by section 28-1451 et seq.

(7)

Signs, as defined, regulated and controlled by chapter 24.

(8)

Detached buildings to provide living accommodations for servants or for noncommercial guests in R-E-2 and R-E-1 zoning districts. Such building must be located on the same plot as the main single-family residence of the employer of the servants or host of the guests. The minimum living area of any such building or detached structure shall be 500 square feet or more, and shall be limited to the use of accommodation of not more than 1 single-family unit or equivalent at any 1 time.

(9)

Any nonresidential building or structure having a height in excess of 25 feet.

(10)

Antennas, towers, masts or satellite dishes which do not comply with the provisions of section 28-1300(1).

(11)

Docks located on a vacant plot (hereinafter "dock plot") which was platted in such a manner as to be unsuitable for single-family development provided the following conditions are met:

(a)

The dock plot shall be used only by the owners of a complete single-family residence located no further than 1000 feet from the dock plot; provided, however, that no dock plot shall be made available for rental to any person.

(b)

A single-family lot shall be served by only 1 dock on the dock plot and shall not have a dock on the residentially developed site.

(c)

The canal adjacent to the dock plot shall have a minimum width of 85 feet.

(d)

The dock plot shall contain at least a 4-foot landscaped yard along all street frontages and at least 20-foot landscaped side yards.

(e)

No boat ramps, dry dock facilities, gasoline or fuel pumps or parking facilities are permitted as accessory uses to the plots.

(f)

The docks, walkways and mechanical structures shall not extend closer than 35 feet to the property line of the adjacent residential lot.

(g)

The docks shall not extend more than 5 feet from the seawall excluding the piling which shall meet the requirements of this Code under section 22-56 et seq.

(h)

The application for the approval shall be submitted by owners of the single-family lots to be served by the docks and the homeowners' association for the subdivision in which the single-family lots and the dock plots are located, if one exists, or the owners of the single-family lots, if no association exists. Single-family lots not platted as part of the subdivision may be nonetheless considered to be located within the subdivision for purposes of this section if a joinder to the association has been recorded.

(i)

Any approval hereunder shall be subject to the recording of a unity of title and deed restriction which shall provide that the dock shall be used only by the owner of the single-family lot for which approval of the dock is sought and that the single-family lot and the dock plot are appurtenant and may not be separately conveyed. The homeowner association, if any, shall be granted the right to enforce the deed restriction.

(j)

The owner of the single-family lot for which a dock has been approved hereunder shall bear the sole and exclusive responsibility for maintenance of the dock and seawall of the dock. This obligation shall be reflected by the execution and recordation of an irrevocable covenant by such owner, which covenant shall run with the land and shall burden all future owners. The homeowner association, if any, shall be granted the right to enforce the maintenance responsibility by liens against the single-family lots.

(12)

Features, listed in the definition of height of building and structure (section 28-2, Code of Ordinances) for purposes of exempting same from the height calculation, of nonresidential buildings and structures (authorized in the single-family residential district regulations) but only to the extent the height of the feature or structure exceeds 50 feet.

(Ord. No. 1828, § 4, 7-18-73; Ord. No. 2274, § 3, 8-12-76; Ord. No. 2395, § 1, 7-12-77; Ord. No. 2930, § 1, 5-19-81; Ord. No. 3282, § 4, 2-7-84; Ord. No. 3378, § 1, 3-26-85; Ord. No. 3705, § 6, 7-26-88; Ord. No. 4290, § 2, 10-29-96; Ord. No. 4323, § 2, 5-1-97; Ord. No. 4637, § 2, 4-23-02; Ord. No. 5040, § 2, 9-9-08; Ord. No. 5555, § 1, 1-26-21)

Cross reference— Supplementary district regulations for a child care and adult care centers, § 28-1416 et seq.; supplementary district regulations for helistops and heliports, § 28-1451 et seq.

(1)

Every plot upon which a nonresidential structure or use is erected or placed shall not be less than 100 feet in width and not less than 10,000 square feet.

(2)

A nonresidential structure or use that is either adjacent to a single family lot or separated from a single family lot by a local street shall provide the following:

(a)

Vehicular access exclusively to and from roads classified as arterial or collector roads on the city's engineering road classification map dated December 2007 (an official, full-size copy of which is on file with the city clerk). Vehicular access shall not be permitted to roads that are not classified as arterial or collector roads, as above described, except for emergency access purposes, and the emergency vehicular access shall have a barrier or other device that limits and allows access to emergency vehicles only.

(b)

In addition to the requirements in section[s] 28-343(4)(a)—(c), a landscape buffer of at least 10 feet in depth (excluding sidewalks) along the entire perimeter of the site, including canopy trees that shall be spaced based on the maturity and species of the trees in order to provide a continuous canopy.

(c)

Sidewalks along all street frontages, which shall be adjacent to the landscape buffer.

(d)

A dumpster(s) and dumpster enclosure(s) that shall be placed further from adjacent single family lots. If a dumpster is placed along a street frontage, it shall be placed along the arterial or collector road only, and shall be placed in a dumpster enclosure, have a finished wall, and shall be adequately screened. In addition, all dumpster(s) and dumpster enclosure(s) shall meet all applicable landscaping requirements set forth in this Code and the community appearance board (CAB) criteria.

(e)

Commercial vehicles, including buses, operated by or providing service to non-residential uses shall not be stored upon property in residential districts unless a vehicle storage area is expressly authorized by the development order approving the non-residential use. Any vehicle storage area shall be placed furthest from adjacent single family lots, shall be adequately screened, shall meet all applicable landscaping requirements set forth in this Code and the community appearance board (CAB) criteria.

(Ord. No. 1828, § 4, 7-18-73; Ord. No. 5045, § 1, 9-9-08; Ord. No. 5706, § 12, 10-22-24)

Editor's note— Ord. No. 5045, § 1, adopted September 9, 2008, repealed renamed § 28-341 from plot size for nonresidential uses to supplemental regulations for nonresidential structures and uses.

(1)

No building or structure or part thereof shall be erected or altered to a height exceeding 25 feet; however, in single family residential structures portions of roofs, not exceeding 40% of the total roof area, may extend up to a maximum height of 35 feet, provided that no portion of the finished roof may extend beyond 35 feet as measured from the established grade. No part of any roof in a single family residential structure may exceed 25 feet as measured from the established grade if that portion of the roof exceeds 40% of the total roof area. However, flat roofs or portions of roofs with a roof pitch less than 1.5 on 12 feet shall not extend beyond 25 feet in height as measured from the established grade. Under no circumstances shall any portion of any roof extend beyond a maximum of 35 feet as measured from the established grade; provided, however, that permitted nonresidential buildings or structures may be erected or altered to a height not exceeding 50 feet.

(2)

For nonresidential buildings or structures (excluding public utility poles), regardless of the use, uninhabitable scenery lofts, towers, cupolas, steeples and domes, collectively not exceeding in gross area, at maximum horizontal section, 30 percent of the roof area, flagpoles, airplane beacons, broadcasting towers, antennas, antenna support structures, chimneys, stacks, tanks, elevator or stair bulkheads, and roof structures used only for ornamental or mechanical purposes, any of which exceed the district height regulation shall require conditional use approval from the city council after review and recommendation by the community appearance board. In granting such approval, the community appearance board and the city council shall consider the following standards, supplemented by the standards provided in section 28-102, Code of Ordinances, as they apply to the portion of the feature or structure that exceeds 50 feet:

(a)

The compatibility of the proposed nonresidential building, feature or structure with the character of the surrounding area and the established architectural design;

(b)

The proportion of the proposed nonresidential building, feature or structure to the building to which it is to be attached;

(c)

The appropriateness of the location of the proposed nonresidential building, feature or structure, on the ground or on a building or structure;

(d)

The architectural compatibility of the proposed nonresidential building, feature or structure with the character of the nonresidential building or structure to which it is proposed to be attached; and,

(e)

The uses or purposes of the proposed nonresidential building, feature or structure and the compatibility of such use with adjoining land uses.

(Ord. No. 1828, § 4, 7-18-73; Ord. No. 4637, § 3, 4-23-02; Ord. No. 4710, § 2, 6-10-03; Ord. No. 5086, § 1, 2-24-09)

(1)

Plot sizes over 2 acres. The following requirements shall be applicable to plots in the single-family residential districts that are greater than 2 acres in size.

(a)

The required front, side and rear yards shall be increased by 10 feet for each whole acre of plot area in excess of 2 acres, except that in any event a required yard abutting a public street right-of-way need not exceed 100 feet, and that any other required yard need not exceed 50 feet. The first 10 feet of each such required yard, measured from the outer perimeter of the plot, shall be landscaped in accordance with a landscape plan approved pursuant to all applicable landscaping requirements set forth in this Code, and such landscaping shall be maintained in a healthy, growing condition.

(b)

Accessory buildings and structures. Accessory buildings and accessory structures shall be at least 35 feet from each side plot line and each rear plot line, except that where a required side yard and/or a required rear yard greater than 35 feet is required pursuant to subsection (1)(a), no accessory building or accessory structure shall encroach into said required yard. Provided, however, that wing walls forming part of a main building may encroach into a required side yard and/or a required rear yard.

(2)

Cul-de-sac plots. The required front yard for cul-de-sac plots in R-E-2 districts shall be not less than 45 feet and in all other single-family residential districts shall be not less than 20 feet as measured perpendicularly from the chord of the arc of the front plot line.

(3)

Building heights over 25 feet. Where a nonresidential building exceeds 25 feet in height (where conditionally approved pursuant to section 28-342(1)), additional front, side and rear yards of 1 foot for each 1 whole foot of building height in excess of 25 feet shall be required.

(Ord. No. 5636, § 2, 12-13-22; Ord. No. 5706, § 13, 10-22-24)

Editor's note— Ord. No. 5636, § 2, adopted Dec. 13, 2022, repealed the former § 28-343 and enacted a new § 28-343 as set out herein. The former § 28-343 pertained to additional setback and landscaped yard requirements and derived from Ord. No. 1828, § 4, adopted July 18, 1973; and Ord. No. 2718, § 1, adopted Jan. 22, 1980.

(1)

Definitions.

(a)

DDRI development shall mean any development permitted under Ordinance 4035 as amended from time to time.

(b)

Rear separator line shall mean the line of demarcation, as set forth in this section, between residential development and DDRI development.

(c)

Residential development shall mean single family attached or detached dwelling units of not less than 1,200 square feet of habitable floor area each fronting on the road or Mizner Boulevard if within the road property. Each residential unit shall have its own separate entrance on the ground level. Each new residential unit shall have an attached garage for at least 1 automobile which garage cannot be converted to living area. Residential development shall also include all existing residences within the road property.

(d)

Road shall mean the right-of-way for East Boca Raton Road between Mizner Boulevard and N.E. 5th Avenue.

(e)

Road property" shall mean the land zoned R-1-D within the community redevelopment area and more particularly described as follows:

Lots 1 through 12, Stevens Additions, according to the plat thereof recorded in Plat Book 6, Page 33 of the public records of Palm Beach, Florida; and the north half of Lots 4 and 8, Block 8, Rickard's Survey, according to the plat thereof, as recorded in Plat Book 7, Page 34, of the public records of Palm Beach County, Florida; less the right-of-way for Boca Raton Road, Florida; less the right-of-way for Boca Raton Road, as now laid out and in use; also less the right-of-way for Mizner Boulevard (also known as Northeast 2nd Avenue), as now laid out and in use.

(2)

The development of the road property shall be governed by this section. All applications for development orders and development permits within the road property shall be made to the community redevelopment agency pursuant to procedures in Ordinance No. 4035.

(3)

Residential sites.

(a)

A strip ("residential strip") of the road property varying in depth from at least 36 feet to at least 50 feet from the road shall be strictly limited to residential development.

(b)

At least 25 percent of the rear separator line for any given development plan shall be at least 50 feet south from the road. The balance of the rear separator line for any given development shall not be any less than 36 feet south of the road. The rear separator line shall either be parallel or perpendicular to the road. The rear separator line may be placed by the applicant at any greater depth.

(c)

No part of any building in the residential development shall exceed 35 feet in height.

(d)

The street yard setback from the road for the residential development shall be 18 feet.

(e)

There are no rear yard requirements for the residential development. A side yard of 5 feet shall be required for townhouses built within the residential strip if the townhouses are adjacent to an existing single-family home being used for residential purposes.

(f)

Pedestrian access to any DDRI development from the residential development is permitted through gates to the residential development. Vehicular access to or from any DDRI development from the residential development is prohibited. Residential development shall have pedestrian and vehicular access to the road.

(g)

A 6-foot solid masonry boundary wall shall be erected on the rear separator line except when the rear façade of a residential building is on the rear separator line.

(h)

Townhomes may be sold separately in fee simple, without regard to lot size or platting.

(i)

Landscaping shall be provided pursuant to Ordinance No. 4035.

(j)

Road property that has frontage on Mizner Boulevard shall also be strictly limited to residential development, and such dwelling units may front on Mizner Boulevard. The street yard setback from Mizner Boulevard for such residential development shall be 10 feet.

(4)

DDRI development.

(a)

Prior to or concurrent with issuance of any development orders or permits for DDRI development of the road property, or use for parking for DDRI uses, the residential strip shall be improved with residential development.

(b)

No part of any building in the DDRI development of the road property shall exceed 35 feet in height.

(c)

A side yard setback of 10 feet is required if the side yard is adjacent to residential development owned by someone other than the applicant for development pursuant to this section. Otherwise, no side yard setback is required.

(d)

Where a side yard is adjacent to residential development, then the building or parking structure façade parallel to the shared side yard line shall not contain any transparent windows or openings for ventilation. Faux windows, architectural treatments or windows with translucent glass are required.

(e)

A restaurant building is prohibit within the DDRI development of the road property; however, parking for a restaurant shall be permitted.

(f)

There shall be no vehicular ingress to or egress from the road for non-residential uses, or in conjunction with any non-residential use on or near the road, or in conjunction with parking other than on-site parking for residential development in the residential strip.

(g)

Landscaping shall be provided pursuant to Ordinance No. 4035.

(5)

Development consistent with R-1-D zoning shall be permitted.

(Ord. No. 4299, § 1, 11-12-96; Ord. No. 5623, § 1, 8-23-22)