The specific and detailed provisions of this chapter regulating the development of land are necessary to implement the Town's comprehensive plan. They are specifically required by the objectives and policies included in the Town's comprehensive plan in order to bring this chapter into consistency with the adopted plan.

(Ord. No. 573.17, § 2, 5-16-17)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Buildable Lot means a lot that meets the requirements of this chapter, particularly a lot of sufficient dimension and configuration to contain a Single-Family Residence or other permitted structure meeting the minimum lot requirements of the applicable zoning district.

Cabana means an accessory structure with a roof and walls and without cooking facilities. A Cabana may be air-conditioned and contain a bathroom, but shall not be designed or used as a solarium.

Common Ownership means legal or beneficial title to two or more lots, or one lot and a portion of an adjacent lot, by the same individual, firm, corporation or any other legal entity.

Construction means the building of, or improvement to, any structure, or the clearing, filling, or excavation of any land. It shall also mean any alterations in the size of any existing structure. When appropriate to the context, Construction refers to the act of Construction or the result of Construction.

Family shall mean one person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, or a group of persons not more than three in number who are not so interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Any person under the age of 18 years whose legal custody has been awarded to the state Department of Health and Rehabilitative Services or to a child-placing agency licensed by the Department, or who is otherwise considered to be a foster child under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related to and a member of the family for the purposes of this chapter. Nothing herein shall be construed to include any roomer or boarder as a member of a family.

Finished Metal means any metal that has received a finish treatment during manufacturing. i.e., copper, stainless steel, brass, silver, weathered steel, anodized aluminum and related metal products.

First Finished Floor (FFF) means the concrete slab of the first habitable living area of a residence.

Frontage means the length of the edge of the lot abutting the platted Street. Rectangular lots shall be measured along a straight line abutting the Street between lot lines. Trapezoidal lots, pie-shaped lots and triangular lots shall be measured along a straight line drawn between points located on the side lot lines equally distant from the front lot line and the rear lot line. If the front or rear lot lines are curved the midpoint chord length, shall determine the width. Frontage of a corner lot shall be determined by the Town. Corner lots on Golden Beach Drive, South Island, Center Island, North Island and Ocean Boulevard shall have their frontage on those streets.

Full Size Lot means a lot with a minimum frontage of 75 feet, and a minimum area of 11,250 square feet (based upon a minimum depth of 150 feet for a 75-foot rectangular lot).

Gazebo means an accessory structure with four open sides. A Gazebo may include a bar, outdoor cooking facility, electrical outlets, lighting and sound amplification systems, all located within walls up to 42 inches high along two sides.

Hedge means any group of living plant, including flowers, shrubs, bushes or trees, planted in such a manner as to mark the division or separation of property boundaries or between structures located on abutting lots.

Hot Tub or Spa means a large tub or small pool, typically designed for more than one Person and often heated, water-filled enclosure, permanently constructed below the level of the surrounding land or above-surface, designed, used and maintained for hydrotherapy, relaxation or pleasure.

Internal Open Areas of the Second Floor means any spaces enclosed within the outside permanent walls of the structure, whether or not covered by a roof.

Living Area includes the inhabitable portions of any residence, but shall exclude garage and porches, patios, separate gatehouse, and cabanas.

Lot Coverage means the total square footage or area which may be legally permitted to be covered by the Construction of a residence and any accessory structures on any building site.

Major Structure includes but is not limited to residential buildings and other Construction having the potential for substantial impact on coastal zones.

Mean High Water Line means the intersection of the tidal plain of Mean High Water with the shore. Mean High Water is the average height of high waters over a 19-year period.

Minor Structure includes, but is not limited to, pile-supported, elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile-supported elevated viewing platforms, gazebos, and boardwalks; lifeguard support stands; public and private bathhouses; sidewalks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts, racquetball courts, and other uncovered paved areas; earth retaining walls; sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental Constructions. It shall be a characteristic of Minor Structures that they are considered to be expendable under design wind, wave, and storm forces.

Natural Outlet means any outlet into a watercourse, pool, ditch, lake or other body of fresh, salt, surface or ground water.

Nonhabitable Major Structure includes, but is not limited to, swimming pools, parking garages, pipelines, piers, canals, lakes, ditches, drainage structures, and other water retention structures, water and sewage collection facilities, electrical power facilities, roads, bridges, Streets, and highways, and underground storage tanks.

Pergola means an accessory structure, open on all sides, with colonnades or pillars supporting an open roof of girders and cross rafters.

Permanent Electric Standby Generator means any stationary electric generator powered by an internal combustion engine which operates as a mechanical or electrical power source to provide power internal to a facility only when the primary power source for that facility has been rendered inoperable.

Setback means the area between structures and property lines, which shall be free of encroachment from ground level to sky, except for encroachments permitted by this Code.

Side Property Lines, Side Yard Property Lines or Side Lot Lines mean those perimeter property lines that connect the outer ends of the front property line with the rear property line of a parcel where a single family residence is built or to be built and abuts a neighboring property but not a road right-of-way or public waterway.

Single-Family or Single-Family Residential Dwelling means a private residential structure used or designated to be used as a home or residence in which all living rooms are accessible to each other from within the building and in which the use and management of all sleeping quarters, all appliances for cooking, ventilating, heating or lighting are under one control, and which shall be occupied exclusively by one family.

Sound Level Meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and A-Weighted sound level network with fast and slow integrating time constants, used to measure sound pressure levels. The Sound Level Meter should be capable of measuring the A-Weighted equivalent sound level (Leq) and maximum sound levels, and shall have data logging capabilities. The meter shall be a Type 1 sound level meter as defined by ANSI Standard S1.4-1983 (R2001), Specifications for Sound Level Meters.

State Minimum Building Code means the building code adopted pursuant to F.S. § 553.73, i.e., the Florida Building Code.

Substantial Improvement, as provided in subsection F.S. § 161.54(12), as may be amended from time to time, means any repair, reconstruction, rehabilitation or improvement of a structure, the cost of which equals or exceeds, over a five-year period, a cumulative total of 50 percent of the market value of the structure either:

(1)

Before the improvement or repair is started; or

(2)

If the structure has been damaged and is being restored, before the damage occurred.

Swale Area means the Town-owned land or right-of-way easement between the paved Street and the lot line fronting on any platted Street.

Swimming Pool means a water-filled enclosure, permanently constructed having a depth of more than 18 inches below the level of the surrounding land, used and maintained for swimming.

Swimming Pool Deck means a landscaped and/or surfaced area surrounding a Swimming Pool, Hot Tub or Spa at grade level. A Swimming Pool Deck can have multiple levels.

Terrace means a landscaped and/or surfaced area, also referred to as a patio, directly adjacent to a principal building at or within three feet of finished grade not covered by a permanent roof.

Undersized Lot means a lot with a minimum Frontage of 50 feet and a minimum lot area of 7,500 square feet but which is not a Full Size Lot.

Unimproved Lot means any platted lot on which there are no residences or other permanent structures or improvements constructed thereon.

Variance means a grant of relief from the requirements of this chapter.

(Code 1989, § 2.06; Ord. No. 410.95, § 1, 10-17-95; Ord. No. 427.97, § 1, 6-17-97; Ord. No. 431.98, § 1, 1-20-98; Ord. No. 523.07, § 2, 8-21-07; Ord. No. 527.07, § 2, 9-18-07; Ord. No. 549.11, § 2, 11-15-11; Ord. No. 556.13, § 2, 10-15-13; Ord. No. 573.17, § 2, 5-16-17; Ord. No. 579.18, § 2, 5-15-18; Ord. No. 580.18, § 2(Exh. A), 5-15-18; Ord. No. 602.22, § 2, 8-30-22)

Cross reference— Definitions generally, § 1-2.

All lots and parcels of land within the corporate limits of the Town shall be used in accordance with the zoning districts as set forth in section 66-67 and for no other purpose than for Single-Family Residential, Town governmental purposes (including utilities and franchise uses) and social and athletic nonprofit clubs or organizations that are operated for the benefit and use of the residents of the Town. All Single-Family, nonprofit clubs, and governmental and nonprofit uses as permitted by section 1.02(c)(3) of the Charter shall be set forth and designated in the comprehensive plan and on the official map of the Town adopted in compliance therewith.

(Code 1989, § 13.01(A))

No buildings, other than Single-Family residences, private garages, servants quarters and cabanas appurtenant thereof, shall be erected, reconstructed, altered, repaired or occupied within the limits of the Town, and no more than one Single-Family residence shall be erected on any one residential lot within the Town. The erection of any other type of buildings within the limits of the Town is hereby prohibited except for governmental and recreational uses as permitted by the comprehensive plan. Nothing in this section shall prohibit the Construction of servants' quarters in connection with a garage on any property. Such quarters, however, shall not be occupied by servants or others for living purposes until the residence is completed. Separate cooking facilities in such servants' quarters or guesthouse structures are not permitted.

(Code 1989, § 13.01(B))

Cross reference— Buildings and building regulations, ch. 50.

All structures in the Town shall be built, maintained and used in compliance with the provisions of this Code on any platted lot, replatted lot or lot subject to waiver of plat within a designated Construction zone and for uses permitted in the district established by the Future Land Use/Transportation Map of the comprehensive plan.

(Code 1989, § 13.01(C))

All structures used for Single-Family purposes shall have only one front entrance. Doors or other openings constituting more than one front entrance shall be permitted only where the Owner can demonstrate a Single-Family use of the residence. The Building Regulation Advisory Board may recommend to the Town Council the approval for more than one front entrance only upon proof of the Owner's intent to use the residence for Single-Family use and the Owner shall execute and record a covenant running with the land; restricting the residence's use to that of a Single Family provided, however, that such doors or other openings are not exits or entrances to a sleeping room.

(Code 1989, § 13.01(D))

(a)

All exterior coverings of all roofs in the Town shall be either clay, cement, or ceramic tile, or other roof covering determined to be appropriate for the architectural style of the structure by the Building Regulation Advisory Board.

(b)

All Construction sites shall be maintained free of loose debris and scrap materials. No open pits, holes, or trenches shall be permitted on the Construction site except during Construction activity or when a guard is present.

(c)

All Construction sites shall be enclosed with a temporary six-foot fence which shall be installed prior to commencement of any Construction activity or material deliveries. Except within Zone 1 or as otherwise approved by the Town Building Official, the fence shall be chain link, covered with green or black nylon material screening the Construction from view, and installed on the front, side and rear lot lines. The fence shall not be placed so as to create a public safety hazard and the fence gate shall be locked during nonworking hours. Within the Zone One, the temporary fence shall be a wood fence that is covered with a nylon screen material containing a mural design, which screens shall be provided by the Town at a reasonable cost to the property owner. Existing nonconforming temporary fences shall be brought into compliance with the provisions of this subsection (c) by December 31, 2008.

(d)

No factory manufactured home or residence shall be constructed, erected, placed or maintained on a lot within the Town. A temporary Construction trailer may be permitted while a building permit for new Construction is in active status provided the trailer is the minimum size to facilitate construction operations and is located in the front yard within the construction fence, a minimum of ten feet from any property line. The property owner shall post a bond or provide a letter of credit satisfactory to the Building Official to provide for removal of the trailer in the event it is not removed by the contractor upon permit lapse, termination, or issuance of a certificate of occupancy.

(e)

Piling is not required in Zone 1 if so certified by a registered professional engineer and approved by the Division of Beaches and Shores, State Department of Natural Resources.

(f)

In Zones 2 and 3, all structures of every kind and type, including houses, garages, walls, fences, piers and columns thereof and support of walls, piers, columns for fences between estates and lots shall be supported solely on pile foundations. All piling shall be certified by a registered professional engineer.

(g)

Contractors may not start to drive piling without the presence and/or authority to proceed from the Building Official at the building site.

(h)

Unfinished metal roof eaves and other exposed exterior metal pieces other than Finished Metal, shall be painted.

(i)

Retention precast stem walls or solid masonry walls shall be required at all new construction projects to contain water runoff from impacting adjacent properties.

(Code 1989, § 13.20; Ord. No. 431.98, § 1, 1-20-98; Ord. No. 509.06, § 2, 10-17-06; Ord. No. 532.08, § 2, 3-18-08; Ord. No. 551.11, § 2, 11-15-11)

(a)

The contractor shall provide before any Construction, adequate refuse and garbage containers. All persons employed on the premises shall be instructed to use these containers for the disposal of left-over food, rubbish, garbage, or Construction debris, etc. Premises shall be kept clean and sanitary.

(b)

Houses under Construction shall be provided with waste receptacles of above-ground type in sufficient numbers to contain all garbage and waste produced by the house. Garbage and waste placed outside of receptacles shall constitute a violation of this section and is declared to be a public nuisance.

(Code 1989, § 13.21)

No structure of any kind, permanent or temporary, shall be erected, remodeled or enlarged within the Town unless all exterior walls, columns, chimneys, fireplaces and vents from heaters, stoves, etc., of such buildings or additions are built with materials and methods that are in accordance with the Florida Building Code and National Fire Prevention Code.

(Code 1989, § 13.22; Ord. No. 417.96, § 1, 6-18-96; Ord. No. 427.97, § 1, 7-15-97; Ord. No. 551.11, § 2, 11-15-11)

Public uses and facilities shall be permitted in any zoning district or construction zone at densities and intensities approved by the Town Council at a publicly noticed meeting.

(Ord. No. 594.20, § 2, 11-24-20)