Within single-family residential districts only one principal building, which shall be the dwelling unit, and its accessory buildings, as authorized in this Code and permitted by the town, shall occupy or be constructed upon any lot or portions of lots that may be combined to meet the size required for each zoning district. A breezeway or other extension of the principal structure roof may connect another building or structure to the principal structure, but it shall not be considered part of the principal structure, unless there is only one breezeway, the additional structure is part of the same roof, and roofline, as the principal building, is intended to be part of the principal building, is part of the same foundation and slab as the principal building, such other building or structure is not more than ten feet from the principal building, and is considered an integral part of the dwelling unit. Otherwise, such other building shall be considered an accessory building or structure.

(Ord. No. 225, § 2(10-8A.), 2-8-90; Ord. No. 483, § 2, 7-22-21)

Accessory uses and structures in residential districts shall be constructed to conform with the building and site regulations in the district where the structure is to be located; provided, however, that all accessory uses and structures shall be located only in the side or rear yard at least six feet from the principal building. It shall be the responsibility of the town administrator to determine if a proposed accessory structure is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal structure, based on the evaluation of whether the proposed accessory structure is necessarily or customarily associated with the principal use of the lot. Determinations by the town administrator shall be subject to appeal pursuant to section 58-6(e).

(Ord. No. 225, § 2(10-8B.), 2-8-90; Ord. No. 483, § 2, 7-22-21)

On through lots, the required front yard shall be provided on each street.

(Ord. No. 225, § 2(10-8C.), 2-8-90)

For corner lots, please see article VI of this chapter.

(Ord. No. 225, § 2(10-8D.), 2-8-90)

No wall, fence, hedge, sign, shrubbery, trees, or other structure shall be erected or maintained upon any property in the town in such manner as to cause danger to traffic by obscuring the view, or in such manner as to impair visibility at driveways or street intersections as determined by the town. On a corner lot, fences, walls, hedges, structures, signs, plantings, shrubbery, trees, or other obstructions to vision, shall not be placed between the heights of two and one-half feet and eight feet above the crown of the road (public and private) within the segment of area bounded by the long chord of a minimum radius of 25 of the intersection of the right-of-way lines of two streets in any zone, except that open chain-link type fences may be a maximum of four feet in height if kept visually clear within the above-stated right-of-way lines.

(Ord. No. 225, § 2(10-8E.), 2-8-90; Ord. No. 479, § 2(Exh. A), 9-10-20)

(a)

Generally. Water, cooling and fire towers, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations provided in this chapter, after obtaining approval of the town council, based on their consideration of the standards for evaluating exceptions to district height regulations set forth in subsection (d) of this section.

(b)

Radio and TV antennas. Radio and television antennas are regulated according to the standards set forth in this Code.

(c)

Satellite dish antennas. Satellite dish antennas are regulated to the standards set forth in this Code.

(d)

Exceptions. In considering an application for an exemption to the district height regulations, the town council shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable:

(1)

Whether the height exception will have an adverse effect on the existing and proposed land uses.

(2)

Whether the height exception is necessary.

(3)

Whether the height exception will severely reduce light and air in adjacent areas.

(4)

Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations.

(5)

Whether the height exception will adversely affect property values in adjacent areas.

(6)

Whether the height exception will adversely influence living conditions in the neighborhood.

(7)

Whether the height exception will constitute a grant of special privilege to an individual owner as contrasted with the public welfare.

(8)

Whether sufficient evidence has been presented to justify the need for a height exception.

(Ord. No. 225, § 2(10-8F.), 2-8-90)

Temporary buildings such as models, offices and tool sheds used in conjunction with construction work only may be permitted in any district after approval of the building official. The removal of such temporary building must be accomplished within 30 days after construction ceases or is completed.

(Ord. No. 225, § 2(10-8G.), 2-8-90)

All publicly owned and operated buildings and properties may be permitted in any district by special exception or as a permitted use in the P public ownership district.

(Ord. No. 225, § 2(10-8H.), 2-8-90)

(a)

Subject to more stringent requirements of a utility provider, no fence, wall or hedge shall be constructed, installed or maintained within three feet of a fire hydrant, water connection, lift station, transformer, or other emergency apparatus placed for the purpose of fire protection, excluding telephone or light poles. Fences, walls or hedges shall not be placed within the area required by applicable fire and life safety codes to be clear and unobstructed for passage of emergency vehicles or for the ingress and egress of persons or animals. No barbed wire, electrical elements, or other hazardous materials shall be maintained as a fence or part of a fence or wall in a residential district. The top surface of any chain-link or cyclone fence shall be crimped to eliminate the exposure of sharp edges.

(b)

In residential areas, all walls, fences, and other such structures in the side and rear setbacks shall be limited to a height of six feet above the finished lot level, and all walls and fences located in the front setback shall not exceed four feet in height above the finished lot level, unless prohibited pursuant to section 58-315. Hedges shall not exceed ten feet in the side and rear setback, and six feet in the front setback, provided, however, that for any hedge in excess of four feet in height in the front setback, running along or parallel to the front property line, shall require that at least 15 consecutive feet of said hedge on or parallel to any front lot line not be opaque above four feet. Notwithstanding the foregoing, residential property abutting Belvedere Road or Haverhill Road, the boundary line of the town, or abutting a non-residential zoning district, may have a ten-foot hedge along the property line abutting the road, town boundary or non-residential property, and a six-foot wall or fence in the front setback if the front yard abuts Belvedere or Haverhill Road.

(c)

In all districts other than residential, all hedges, shrubbery, walls, fences or other such structures shall be limited to a height of eight feet above the finished lot level for the rear and side setbacks, and four feet for the front setback.

(d)

In all instances where a residential zoning district abuts a commercial zoning district, it shall be mandatory for the owner of the property zoned commercial to construct and maintain a masonry wall six feet in height to ensure proper buffering for the adjacent residential property. The top of the wall and all sides thereof must be properly finished as determined by the building official.

(e)

Eaves on any structure or building shall not overhang any easement or right-of-way or exceed the setback lines by more than two feet.

(f)

All fences, walls, or hedges, shall comply with appropriate zoning clearance and building permit procedures. An occupancy permit shall not be issued until all required fences, walls, or screening hedges are erected, constructed, or installed. All fences and walls shall be maintained in a safe and nonhazardous condition, and shall be maintained in an upright position, perpendicular to the ground. All hedges shall be maintained in a healthy condition. The town code enforcement officer or building official shall make any required determinations as to the condition of a fence or wall.

(g)

Fences and walls may be placed on the property line notwithstanding the applicable setback requirements, but no part thereof shall encroach over the property line.

(h)

All of the provisions of this section 58-319 are subject to any stricter requirements including those found in section 58-315 of the code. In addition, any property meeting the requirements of this section 58-319, which may not have been in compliance with the previous stricter requirements of this section, shall be deemed in compliance with the Code.

(i)

Any variation from the requirements of this section may be considered by the town council upon presentation of a petition for same and a finding that such variation is not contrary to the intent and purpose of this chapter. The town council may approve, disapprove, or approve the variation with conditions, except that no variation may be granted for a hedge, shrub, wall or fence greater than ten feet. Moreover, any variation approving a hedge, shrub, wall or fence greater than what is permitted in the front setback, shall require that at least 15 consecutive feet of said structure located on or parallel to any front lot line not be opaque above four feet. The town may impose a fee for such petition by resolution.

(Ord. No. 225, § 2(10-8I.), 2-8-90; Ord. No. 293, § 1, 4-23-98; Ord. No. 348, § 1, 3-23-06; Ord. No. 359, § 1, 3-22-07; Ord. No 438, § 2(Exh. A), 5-26-16; Ord. No. 480, § 2(Exh. A), 9-10-20; Ord. No. 527, § 2(Exh. A), 7-25-24)

Editor's note— Ord. No 412, § 1(Exh. A), adopted Aug. 23, 2012, repealed § 58-320, in its entirety. Former § 58-320 pertained to "Swimming pools; enclosures required." See Code Comparative Table for derivation.

(a)

It shall be unlawful for the owner or occupant of a residential building, structure or property to utilize the open space that lies between the buildings and nearest lot line of such residential property, or any part thereof, for the storage or keeping of any (i) inoperable machinery or equipment (including lawn or recreational equipment); (ii) icebox, refrigerator, stove, or other appliance unless specifically designed and manufactured for outdoor use and unless such appliance is operable, and the appliance and any utility connections relating thereto, have received all applicable and necessary permits from the town; or (iii) glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the yard all such items as listed above.

(b)

No open storage of machinery or equipment, such as lawn mowers or attachments, shall be permitted at any time in front of an imaginary straight line, contiguous with the part of the front wall of any building which is closest to the front property line and extending therefrom to the side lines of the property. For corner lots, the front property for purposes of this provision only shall be deemed to be all sides adjacent to a street.

(c)

It shall be unlawful for the owner of any vacant lot within the town to have storage containers of any size or style on the lot, or store on said vacant lot any tangible personal property of any kind.

(Ord. No. 225, § 2(10-136), 2-8-90; Ord. No. 335, 9-23-03; Ord. No. 456, § 2(Exh. A), 7-26-18)

Within the districts established by this chapter, there may exist lots, structures, uses of land and structure in combination, and characteristics of use which were lawful before this chapter was passed, but which would be prohibited, regulated, or restricted under the terms of this chapter. It is the intent of this chapter to permit these nonconformities to continue without an increase in the degree of nonconformity.

(Ord. No. 225, § 2(10-138), 2-8-90)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building after February 8, 1990, and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner pursuant to a building permit issued and unexpired by February 8, 1990. Where permitted demolition or removal of any existing building has been substantially commenced in preparation to rebuild, such demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently and that no permits have expired.

(Ord. No. 225, § 2(10-139), 2-8-90)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

(Ord. No. 225, § 2(10-144), 2-8-90)

Any use for which a special exception is permitted, as provided in this chapter, shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district, so long as all conditions of approval are met.

(Ord. No. 225, § 2(10-145), 2-8-90)

The acquisition of a portion of any lot or tract of land for any public purpose by any public authority shall not cause any structure located upon the remaining land to become nonconforming if the same was a conforming structure prior to the acquisition.

(Ord. No. 225, § 2(10-146), 2-8-90)

(a)

The town building official shall have the authority to issue a certificate of occupancy to the owner, his agent, or to the general contractor upon determination of compliance with the town and Florida Building Code. The town building official has the authority to condition a certificate of occupancy, or to issue a temporary certificate of occupancy. No person or persons may occupy any structure unless and until a certificate of occupancy has been issued by the town.

(b)

If the landscape requirements have not been met at the time that a certificate of occupancy is requested, the owner or his agent shall post with the town a bond equal to 100 percent of the total value of materials, labor and other costs incidental to the installation of the required landscaping, as a condition to a certificate of occupancy being issued, provided, however, that owner shall have 60 days to have landscape plan, if any, approved and the landscaping installed to the satisfaction of the town.

(Ord. No. 225, § 2(10-147), 2-8-90; Ord. No. 472, § 2(Exh. A), 7-25-19)

(a)

No more than one family may occupy a single dwelling unit. Occupancy shall also be limited by the latest edition of the Standard Housing Code adopted by the town council.

(b)

No more than one family may occupy a single rooming unit. Occupancy shall also be limited by the latest edition of the Standard Housing Code adopted by the town council.

(c)

Any person occupying a rooming unit or dwelling unit in violation of this section, or any person permitting a rooming unit or dwelling unit of which he is the record owner to be occupied in violation of this section, may be brought before the code enforcement board. As an alternative method of enforcement, the town may elect to enforce this section through any available legal remedies, including filing suit in the circuit court for injunctive relief, abatement of nuisance, and/or assessment of penalties specifically set forth in this Code.

(d)

Although this section shall become effective immediately, any person legally occupying a rooming unit or dwelling unit prior to February 8, 1990, who is not in violation of this section, shall be permitted to continue such occupancy for the longer of the following periods:

(1)

Three months from February 8, 1990; or

(2)

In the case of a written lease for a term of years, entered into prior to February 8, 1990, for that period of time in which the lessee is legally bound to pay rent under the lease.

(e)

Although this chapter shall become effective immediately, any person legally permitting a rooming unit or dwelling unit of which such person is the record owner, to be occupied by more than one family prior to February 8, 1990, and who is not in violation of this section, shall be permitted to continue such use for the longer of the following time periods:

(1)

Three months from February 8, 1990; or

(2)

In the case of a written lease for a term of years, entered into prior to February 8, 1990, for that period of time which the lessor is legally bound to permit such continued occupancy in accordance with the terms and provisions of the lease.

(f)

The time period specifically set forth in subsections (d) and (e) of this section shall be deemed the sole and exclusive time periods in which a person is permitted to be in nonconformity with the provisions of this section.

(Ord. No. 225, § 2(10-148), 2-8-90)

(a)

Occupational license required. It shall be a violation of this Code for any person to conduct a home occupation without obtaining an occupational license therefor issued by the town. The development services department of the town may impose reasonable conditions upon and occupational license issued for a home occupation for the purpose of insuring compliance with the standards set forth in subsection (b) below.

(b)

Standards. Prior to issuance of an occupational license and as continuing operational standards, home occupations shall comply with the following:

(1)

No person shall be employed in a home occupation who is not a permanent domiciliary resident of the dwelling unit in which the home occupation exists.

(2)

The floor area within a dwelling unit devoted to a home occupation shall not exceed 25 percent of the gross floor area of the dwelling unit excluding porches, garages, carports, and other areas which are not considered living area.

(3)

The activities of a home occupation shall occur entirely within the dwelling unit, excluding accessory structures such as garages, carports and sheds.

(4)

There shall be no external evidence of the existence of a home occupation within a dwelling unit. Signs, displays, off-street parking areas other than driveways normally required for residential use, or other advertising of any kind are prohibited.

(5)

No goods of any kind shall be sold or transferred to a customer, consumer or client on the premises of a home occupation, excluding facsimile machine, telephone and/or postal transactions.

(6)

A home occupation shall not create noise, vibration, glare, fumes, odors, dust, smoke or electro-magnetic disturbances. No equipment or processes shall be used which create visual or audible interference in any radio or television receiver located nearby. No chemicals or chemical equipment shall be used, except those that are used for domestic or household purposes.

(7)

Vehicular and pedestrian traffic shall not be generated by a home occupation in a greater volume or a different vehicle type than the traffic typical in a residential neighborhood in the city.

(8)

Deliveries of any kind required by and made to the premises of a home occupation shall not exceed one business delivery per day.

(c)

Affidavit of applicant required. An applicant for an occupational license for a home occupation shall at the time of application file an affidavit wherein the applicant:

(1)

Agrees to comply with the standards set forth in this section;

(2)

Agrees to comply with the conditions imposed by the town to insure compliance with such standards;

(3)

Acknowledges that a departure therefrom may result in a suspension or termination of the occupational license; and

(4)

Acknowledges that the town shall have the right to reasonably inspect the premises upon which the home occupation is conducted to insure compliance with the foregoing standards and conditions, and to investigate complaints, if any, from neighbors.

(d)

Violation of standards or conditions deemed a Code violation. Failure by a home occupation license to comply with the standards of this section and with the conditions imposed by the town shall be deemed a violation of this Code.

(e)

Appeals. An applicant for an occupational license whose application is denied for failure to meet the standards set forth in this section or who objects to any conditions imposed by the town may appeal the reasonableness of either to the town council which may direct that the license be issued with or without conditions or may modify, add to or delete the imposed conditions.

(Ord. No. 322, § 1, 8-9-01)

(a)

Permit required; limitations. No garage sale, carport sale, yard sale, sidewalk sale, outdoor sale, or other similar activities shall be permitted in the town without the issuance of a permit from the town administrator. There shall be no fee charged by the town for the issuance of the permit. However, not more than three permits shall be issued to any one street address, property legal description, property owner, or organization, during any single calendar year. When two or more families or households join together to conduct such a sale, each shall obtain a permit and such permit shall be counted as one of the three above-permitted sales for each family, property or household. Such permit shall be limited in time to no more than two consecutive days. If the sale commences without a permit, the owner will be required to cease operation, remove displayed goods and obtain a permit. The permit must be displayed at the location of the sale during all sale hours. No permit shall be issued for the weekend on which the town has scheduled its community wide garage sale, except that this prohibition shall not apply any more than three times per year.

(b)

Sworn statement required; granting or rejecting application. Any person, organization, or corporation seeking a garage sale or outdoor sale permit shall first submit to the town clerk a sworn statement showing;

(1)

The name(s) of the person(s) directing the sales activity and their interest in the real property at which the sale is to be located, i.e. owner or tenant.

(2)

The dates and length of time which the sale shall extend.

(3)

No items shall be transported and sold from other locations to the permitted garage sale.

(4)

An affirmative statement that the property to be sold was neither acquired nor consigned for the purpose of resale.

The town clerk may thereupon, at his or her discretion, grant or reject the application, withhold action on any application pending investigation, or submit the application to the town council for its approval. The town clerk shall be guided in the exercise of her discretion, and shall take into account that the issuance of a sales permit does not in any way sanction the creation of a nuisance. Failure to obtain a permit prior to conducting a sale shall result in a penalty of $100.00 for the first violation, $250.00 for the second violation and $500.00 for the third violation. Any person aggrieved by the decision of the town clerk may appeal such determination to the town council.

(c)

Days and hours of sales. Garage sales or yard sales in residential districts are permitted only on Fridays, Saturdays, Sundays and legal holidays between the hours of 8:00 a.m. to 5:00 p.m. Such sales at any other time are hereby prohibited. Outdoor sales are prohibited within any commercial district within the town.

(d)

Conditions of sales sites. All sales sites shall be left in a clean and orderly manner upon completion of the sales activities.

(Ord. No. 324, §§ 1—4, 8-9-01; Ord. No. 391, § 2, 5-6-10)

(a)

Location and other requirements of accessory buildings. In residential districts, all accessory buildings and structures, except accessory dwelling units, that are intended to serve an accessory use, shall be erected in accordance with the requirements of this section, notwithstanding the provisions of section 58-312 regarding accessory uses. In all zoning districts, no garage, tent, trailer or other accessory structure shall be erected or used for residential purposes, prior to, concurrently with or subsequent to the construction of the principal building. Accessory buildings permanently affixed to the ground, including, but not limited to, detached garages, utility buildings and storage sheds, shall be limited to one building for each lot (except that greenhouse, cabana and gazebos may be permitted in addition to garage, carport, storage sheds and utility building); and

(1)

Shall be located to the rear of the principal building on interior lots and, in the case of corner lots, accessory buildings shall be located in the quarter section of the lot furthest removed from abutting frontages;

(2)

Shall be located a minimum of ten feet from the principal building;

(3)

Shall not exceed the height of the house or 15 feet, whichever is less, except that in the case of a principal building having a flat roof, the height of the accessory building may be six feet above the height of the house provided it is no higher than 15 feet;

(4)

Shall not be located within any required yard setbacks nor shall any accessory use be permitted in the front yard;

(5)

Shall not exceed more than five percent of the total square feet of the lot, provided that the building shall not exceed 40 percent of the footprint of the principal building, or have a footprint exceeding 1,000 square feet, whichever is less;

(6)

Shall not have a kitchen or toilet, and the eaves on any structure or building shall not overhang any easement or right-of-way or exceed the setback lines by more than two feet;

(7)

Shall incorporate design and color schemes compatible to the principal building, and the town may require enhanced landscaping to accompany the accessory building;

(8)

For any utilities serving the accessory building, they shall be underground; and

(9)

Shall meet all other applicable site development and zoning regulations including maximum lot coverage requirements.

(b)

Utility buildings and storage sheds in setbacks. In all residential zoning districts with lots not exceeding 10,000 square feet, one accessory building used for storage (utility building or storage shed) may be permitted within the setback of the rear yard area of each lot, which, for purposes of this section, is defined to be that area between the primary building and the rear lot line, subject to the following restrictions:

(1)

The minimum setback from the side and rear lot line shall be five feet;

(2)

The maximum height shall be eight feet; and

(3)

The size shall not exceed 144 square feet.

All other accessory buildings used as utility buildings or storage sheds, that do not meet the foregoing requirements in this sub-section, shall comply with the requirements of sub-section (a) above.

(c)

Corner lots. On corner lots bounded on two opposite sides by streets, accessory buildings shall not be located in either front yard, regardless of which side is actually considered the front yard.

(d)

Construction shanty or trailer. A well-built frame shanty or trailer to be used for storage, tool shed and job office is permitted as part of a contractor's equipment during the construction of a building or structure. Such shanty or trailer, together with all construction materials and equipment, shall be located on the plot upon which the construction is taking place. At the completion of the work, or upon its discontinuance or abandonment, the shanty or trailer shall be dismantled or removed from the premises. In the use of trailers as construction offices or shanties during hurricane season, it is required that they be anchored by guy-wires in such a fashion as to withstand hurricane force winds and that a permit certifying to such proper anchorage be issued by the building official prior to such placement of the trailer. Notwithstanding the foregoing, a construction shanty or trailer shall not be permitted to remain on any lot for more than six months unless the lot is part of an approved subdivision plan pursuant to Chapter 54.

(Ord. No. 338, § 1, 8-12-04; Ord. No. 368, § 1(Exh.A), 8-28-08; Ord. No. 434, § 2(Exh. A), 11-19-15; Ord. No. 455, § 2(Exh. A), 7-26-18)

(a)

Easement encroachment.

(1)

Minor encroachments. Minor encroachments of buildings and structures may be allowed within an easement in accordance with this section.

(2)

Prohibition. No portion of any building or structure designed for human occupancy, screen enclosure, pool, or spa shall be permitted within any easement.

(3)

Incompatible uses. No construction shall be permitted within any easement where such construction is incompatible with the use for which the easement was established. If the terms of the easement, statute, law, ordinance, rule, regulation, or approval pursuant to which the easement was established prohibits or excludes the use, such use shall be considered incompatible. The burden shall be on the applicant to demonstrate that the proposed construction is or will not become incompatible with the purpose for which the easement was established, or impair the rights of the easement holders and beneficiaries. The determination of whether a use is incompatible with the purpose for which an easement was established shall be made by the appropriate regulating agency(s) in accordance with this section.

(4)

Application process. Buildings and structures, which are not prohibited pursuant to subsection 58-331(a)(2) and (5)(f), Prohibition, shall be subject to the following:

a.

If an application for a building permit includes construction in an easement, the application shall include consent from all easement holders and beneficiaries. The consent shall be specific to the proposed construction and in a form acceptable to the town; and

b.

Prior to the issuance of the building permit, the applicant shall record an executed removal and indemnification declaration. The removal and indemnification declaration shall inure to the benefit of the easement holders and beneficiaries.

(5)

Additional requirements for drainage easements.

a.

All construction in a drainage easement shall be subject to approval by the town.

b.

If a building permit is required, the applicant shall obtain approval from the town prior to submitting the building permit application.

c.

The applicant shall submit a request to encroach a drainage easement in or on a form established by the town and include a copy of the recorded deed to the parcel on which the easement is located; the document creating the easement; a certified sketch of survey of the easement; a sketch or plans showing the proposed construction in relation to the location of existing drainage improvements in the easement; and such other documentation as the town reasonably deems appropriate.

d.

The town may deny, approve, or approve with conditions the construction.

e.

No approval shall be given before the town has received specific written consent from all easement holders, easement beneficiaries, and governmental entities or agencies having jurisdiction of the drainage easement. The town is hereby authorized to effect consent on behalf of town when it is the easement holder or beneficiary of a drainage easement. The town may require that consent be in or on a form established by the town.

f.

The town shall also have executed in proper form, and shall cause to be recorded against the applicant's land involved, a removal and indemnification declaration (with the necessary consents) on a form approved by town attorney's office. Said declaration shall provide that all direct and indirect costs related to removal shall be borne by the property owner, its heirs, successors, assignees, and grantees; that the aforestated person(s) shall indemnify and hold town, its officers, employees, contractors, and agents harmless against any and all claims and liabilities of whatever nature (including personal injury and wrongful death) arising from any declaration shall inure to the benefit of the easement holders and beneficiaries. It shall contain such other terms and covenants as the town deems appropriate. Proof of the recording of the document shall be furnished to town with the application for a building permit.

(6)

All other approvals required.

a.

All other government permits, approvals, or consents necessary for the construction shall be obtained prior to commencement of the construction.

b.

Compliance with this section shall not be construed to relieve the applicant from obtaining any required approvals, if applicable, for encroaching into the affected easement.

c.

Nothing herein shall be construed as affecting any right to construct except to the limited and strict extent of any approval granted hereunder. An approval granted in accordance with this section is for the limited purpose of complying with this chapter only.

(7)

Accountability. The applicant is responsible for providing and representing true, accurate and correct information. Except as specifically set forth herein, no town official, employee, or agent shall have the duty of:

a.

Searching the official records of the clerk of the circuit court, or

b.

Conducting any other investigation to determine whether a permit application or request for town approval is inconsistent with the use for which an easement was established; whether an easement exists in the area within which a permit for construction/development is sought; or

c.

Whether any other government or private approvals are required for construction or development for which the permit is sought. However, the town or any other official, employee, or agent may undertake an investigation, search, or inquiry to determine the aforestated.

(8)

Modifications.

a.

If, upon inspection, the construction is found to be materially different than that which was approved by town, then the approval shall be of no force and effect and the construction shall be removed immediately, unless the modification is approved by the department having jurisdiction pursuant to this section.

(Ord. No. 352, § 1, 3-23-06)

Editor's note— Ord. No. 352, § 1, adopted Mar. 23, 2006, enacted a new section 58-331. Prior to this amendment, Ord. No. 338, § 1, adopted Aug. 12, 2004 enacted a new section 58-331. Ord. No. 352 has been redesignated as 58-332 with the permission of the Town Clerk.

In addition to other federal, state and local requirements, pain management clinics shall be at least 1,500 square feet in air conditioned floor area and cannot be located within 1,500 feet of a licensed pharmacy or another pain clinic, as measured in a straight line from closest property line to closest property line. Upon proper petition and the payment of all applicable fees as determined by the town from time to time, variances from the distance requirement may be granted in accordance with the provisions of section 58-56 of this Code.

(Ord. No. 397, § 1, 9-9-10; Ord. No. 409, § 1(Exh. A), 8-23-12)

The town shall not process or, continue the processing of, any application under this chapter, including, without limitation, any application for variance, special exception, change in land use, rezoning, or process any subdivision request under chapter 54, and review any site plan or approve any plat, or do any other thing or take any other action unless any and all code violations have been remedied and all code enforcement fines paid. This provision shall not apply to any applications or other such action as may be necessary to correct the code violation.

(Ord. No. 410, § 1(Exh. A), 8-23-12)

(a)

Location of adult entertainment establishments and sexually-oriented businesses; restrictions.

(1)

Definitions. Where applicable, words or phrases not defined hereinabove and used in this section shall be defined elsewhere according to the Adult Entertainment Code, of the Town of Haverhill.

(2)

Distance restrictions. All adult entertainment establishments shall not be located within:

a.

Two thousand five hundred feet of a public school or a private school;

b.

Two thousand five hundred feet of a park;

c.

One thousand five hundred feet of another adult entertainment establishment or sexually-oriented business;

d.

Three hundred feet of a commercially zoned business serving alcoholic beverages for consumption on premises or a commercially zoned business permitting the consumption of alcoholic beverages on premises.

All measurements herein shall be made in accordance with subsection (3) of this section.

(3)

Measurement of distances. Measurement of distances as required herein pursuant to subsection (a) shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the establishment serving alcoholic beverages for consumption on premises. Measurement of distances as required herein pursuant to subsection (a)(1) shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment or sexually-oriented business to the closest exterior structural wall of the closest adult entertainment establishment or sexually-oriented business. Further measurement of distances as required herein pursuant to subsections (a)(1) or (a)(2) shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment or sexually-oriented business to the closest property line of the park, public school, or private school as applicable.

(b)

Distances between schools, public parks, and businesses serving alcoholic beverages for consumption on premises.

(1)

Subsequent to the passage of this section, no person or entity shall cause or permit the establishment of a public school or private school within 2,500 feet of an adult entertainment establishment or sexually-oriented business.

(2)

Subsequent to the passage of this section, no person or entity shall cause or permit the establishment of a park within 2,500 feet of an adult entertainment establishment or sexually-oriented business.

(3)

No person or entity shall cause or permit a commercial zoned business serving alcoholic beverages for consumption on premises or a commercial zoned business permitting the consumption of alcoholic beverages on premises within 300 feet of an adult entertainment establishment or sexually-oriented business.

(4)

All measurements herein shall be made in accordance with subsection (a)(3), of this section.

(Ord. No. 411, § 1(Exh. A), 8-23-12)

Except for generators serving a public purpose and owned and operated by the town or temporary generators used during or after a natural disaster such as a tropical storm or hurricane event, and which are therefore exempt from these regulations, portable or permanent generators temporarily or permanently placed on the ground, on a stand or on a trailer, shall not be placed in the required front, street side or street rear yard setbacks; provided, however, not more than one such generator shall be placed in any given required side or rear yard setback as set forth below.

(1)

One portable or permanent generator with an output of not more than 30 KW shall be allowed in a required side or rear yard setback provided said generator meets the following conditions:

a.

Generators shall meet the zoning district setback requirements for principal structures, except that any encroachment of five feet or less is permitted. The generator must be set back a minimum of five feet from the property line.

b.

The generator shall not, at any time, or for any purpose, exceed 55 dBA at the property line from 7:00 p.m. to 8:00 a.m.

c.

The highest point on the generator shall not exceed a maximum of five feet above the neighboring property owner's finished grade.

d.

Generators that are not located within, or completely screened by a building, shall be screened from view from a public right-of-way or adjacent residential property line. Screening may include the use of fences, walls or hedges, or a combination thereof.

e.

The generator's exhaust is, as much as practically feasible, vented upwards or directed away from neighboring properties.

f.

The generator shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.

g.

The generator shall be operated for routine testing and maintenance purposes not more than one time in any seven-day period and no test shall exceed 30 minutes. Testing of emergency generators is permitted Monday through Saturday only (excluding holidays), between the hours of 10:00 a.m. and 5:00 p.m.

h.

Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.

i.

Generators are not permitted on the roof of a building.

(2)

A portable or permanent generator may be permanently or temporarily placed on the ground, on a stand, or on a trailer outside of required yard setback areas; provided, however, said generator meets the following conditions:

a.

If the generator's output capability is greater than 30 KW, it shall be placed on the property only in conformance with the setback requirements applicable to a principal structure.

b.

The generator shall not, at any time or for any purpose, exceed 55 dBA at the property line from 7:00 p.m. to 8:00 a.m.

c.

The generator's exhaust is, as much as practically feasible, vented upwards or directed away from neighboring properties.

d.

The generator shall be used only during periods of power outages, periods of power reductions resulting from the exercise of utility load control programs or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company.

e.

The generator shall be operated for routine testing and maintenance purposes not more than one time in any seven-day period and no test shall exceed 30 minutes. Testing of emergency generators is permitted Monday through Saturday only (excluding holidays), between the hours of 10:00 a.m. and 5:00 p.m.

f.

Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.

g.

Generators are not permitted on the roof of a building.

(Ord. No. 457, § 2(Exh. A), 7-26-18)

(a)

No portion of any air conditioning and/or swimming pool equipment (including filter, pump, and heating equipment) shall be located closer than five feet from a side or rear property line. In addition, such air conditioning or swimming pool equipment within ten feet from the side or rear property line shall be completely screened with a wall, or opaque fence or landscaping, as high as said equipment from the neighboring property.

(b)

Cooling towers shall be required to meet the same minimum yard setback requirements as the principal structure, and shall be screened from the neighbors and/or a street by a three-sided, concrete block masonry finished wall at least as high as said cooling tower. If the required wall is higher than the Code allows in a setback in order to screen the cooling tower from the neighbors and/or a street, said wall shall also meet the minimum yard setback requirement as the principal structure.

(c)

No air conditioning or swimming pool equipment shall be allowed in a front yard.

(d)

Any house that fronts on two or more streets shall be allowed to place air conditioning (excluding cooling towers) and/or swimming pool equipment in each required street side or street rear yard setback provided that the combination of said equipment does not exceed two in each of said setbacks; are not more than four feet in height above the natural grade or the minimum flood elevation, whichever is greater, occupy no more than 25 square feet in total area; and are setback a minimum of 20 feet from the street side or street rear property line and are screened from view by a wall as high as said equipment and three foot high hedge outside said wall.

(Ord. No. 458, § 2(Exh. A), 7-26-18)

Off-street parking shall be provided and adequately maintained by each property owner or lessee in every zoning district for the use of occupants, employees, and patrons of each building or premises constructed, altered, or enlarged after February 8, 1990. The provisions and standards set forth in this division are intended to promote safe and efficient storage of motor vehicles, to avoid unnecessary interference with the public use of streets, and to help relieve traffic congestion.

(Ord. No. 225, § 2(10-131), 2-8-90)

Parking spaces shall be ten feet by 20 feet. Except for residential zoning districts, but including guest parking spaces as required for multi-family, townhouse or zero lot line units, each space shall have concrete parking bumpers and be appropriately striped. Adequate handicap parking shall be provided as required by federal and state law. Curb cuts or ramps shall be provided from the parking lot to the building.

(Ord. No. 225, § 2(10-131A.), 2-8-90; Ord. No. 460, § 2(Exh. A), 7-26-18)

(a)

The number of off-street parking spaces in all zoning districts shall be in accordance with the following minimum requirements:

(b)

Parking spaces for specific nonresidential uses shall be required as follows: All new, altered, or enlarged multifamily and nonresidential uses shall provide at least one parking space designed and maintained for the exclusive use of the handicapped on the following basis: One handicapped parking space required for each 25 parking spaces or fraction thereof. All off-street parking spaces and parking areas shall be constructed of such material as is customary in the industry, shall be clearly distinguishable as parking spaces or parking areas and shall be approved by the building official prior to construction. No more than 30 percent of the front yard shall be designated and/or utilized for parking.

(c)

The use of more than 30 percent of the front yard for parking shall be discontinued, whether such use is presently being conducted as a nonconforming use, accessory use to a conforming primary use, or otherwise, and thereafter, off-street parking shall only be permitted as provided for in this section.

(d)

In addition to the required number of parking spaces set forth in subsection (a) above, each dwelling unit in the R-1, R-2, and R-3 residential districts shall have a fully enclosed garage with capacity for a minimum of two motor vehicles, and at least 400 square feet. For purposes of this requirement, an accessory dwelling unit shall be exempt. For nonconforming structures of record, enlargement or alteration of dwelling unit shall not be deemed to increase its nonconformity.

(e)

At least two guest parking spaces serving multifamily, townhouse and zero lot line homes shall be located no farther than 150 feet from each residential unit.

(Ord. No. 225, § 2(10-131B.), 2-8-90; Ord. No. 229, § 1, 7-12-90; Ord. No. 437, § 2, 5-12-16; Ord. No. 460, § 2(Exh. A), 7-26-18; Ord. No. 527, § 2(Exh. A), 7-25-24)

(a)

Pedestrian circulation facilities, roadways, driveways, and off-street parking and loading areas shall be designed to be safe and convenient.

(b)

Parking and loading areas, aisles, pedestrian walks, landscaping and open space shall be designed as integral parts of an overall development plan and shall be properly related to existing and proposed buildings.

(c)

Buildings, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving from parking areas to buildings and between buildings are not unreasonably exposed to vehicular traffic.

(d)

Landscaped, paved, and gradually inclined or flat pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings. Pedestrian walks should be designed to discourage incursions into landscaped areas except at designated crossings.

(e)

Each off-street parking space shall open directly onto an aisle or driveway that, except for single-family and two-family residences, is not a public street.

(f)

Aisles and driveways shall not be used for parking vehicles, except that the driveway of a single-family or two-family residence shall be counted as a parking space for the dwelling unit.

(g)

The design shall be based on a definite and logical system of drive lanes to serve the parking and loading spaces. A physical separation or barrier, such as vertical curbs, may be required to separate parking spaces from travel lanes.

(h)

Parking spaces for all uses, except single-family and two-family residences, shall be designed to permit entry and exit without moving any other motor vehicle.

(i)

No parking space shall be located so as to block access by emergency vehicles.

(j)

Compact car spaces should be located no more and no less conveniently than full-sized car spaces, and shall be grouped in identifiable clusters.

(Ord. No. 229, § 1(10-131C.), 7-12-90)

(a)

Regulation of the configuration, location, dimension and composition of driveways from private property onto streets is necessary to provide for safe and efficient control of vehicular movement and circulation. The criteria for the size and dimension of residential parking areas contained herein shall apply to all residential areas, including both town and privately maintained streets and roadways within such residential areas, except where a development order has been issued that contains parking requirements more restrictive than those contained herein. The standards which constitute a nuisance under the Town Code of Ordinances, including chapters 38 and 58, shall apply to all residential parking, regardless of the date the parking area or building was originally constructed, or whether a development order or building permit was issued or required. The requirements of this division are supplemental to standards that are found in other portions of the Town Code of Ordinances, including, but not limited to, regulations relating to the parking of recreational vehicles, mobile homes and commercial vehicles in residential areas.

(b)

A building permit is required for all installations, modifications and improvement to driveways and parking areas.

(c)

All motor vehicles (as defined in chapter 38) on a residential lot must be parked in a garage/carport or on a driveway/parking area that has been designed and permitted for that purpose. All motor vehicles shall be parked on a durable surface as approved by the town engineer, including concrete, pavers or asphalt. In addition, the town engineer may approve an alternative surface type. The parking of motor vehicles on the landscaped or sodded front yard is not permitted. Each parking space for dwelling units that do not share a common parking lot shall be a minimum of eight feet wide and 20 feet long. Parking spaces may be side to side, end to end, or not contiguous to each other.

(d)

The total impervious area in the front yard shall not exceed 40 percent including driveways, parking areas, walkways and patios. There shall be a minimum five feet landscape buffer between the driveway/parking areas and the residential structure on the lot, except for the portion of the driveway connecting directly to a garage or carport.

(e)

Driveway connections and separation (spacing) standards shall comply with the town and Palm Beach County standards as may be applicable. In order to expedite vehicle ingress and egress to and from the street and the driveway, the driveway width at the point where it connects to the street pavement shall be flared as determined by the town or county engineer, whichever is applicable. No lot within the town shall have more than two driveway access points to any street.

(f)

Driveway expansions shall match the existing driveway in material. A decorative border or design shall be permitted as long as all sections have a continuous pattern and do not divide or delineate one section of the driveway from another. Sidewalks shall not be altered, painted or stained. Swales shall not be altered unless an engineering permit is obtained approving the alteration or alternative design.

(g)

The minimum driveway width shall be ten feet and the maximum width shall be 24 feet, except for any driveway which is also required for emergency vehicle access in which case the minimum width shall be 18 feet.

(h)

New off-street parking spaces and driveways within a front yard or a corner side yard shall be set back a minimum of five feet from a front and/or corner side property line and five feet from a side or rear property line, except for that portion of the driveway adjoining the apron and connecting to a street. Expansions to existing off-street parking spaces and driveways within a front yard or a corner side yard shall be set back a minimum of five feet from a front and/or corner side property line and five feet from a side or rear property line, except for that portion of the driveway adjoining the apron and connecting to a street. Existing off-street parking spaces and driveways which are not set back a minimum of five feet from a front or corner side property line and five feet from a side or rear property line may be repaired as part of normal maintenance, but may not be enlarged. Existing off-street parking spaces and driveways which are not set back a minimum of five feet from a front and/or corner side property line and five feet from a side or rear property line may be replaced in the exact location or with a greater setback than currently exists.

(i)

For circular driveways the interior arc may be an irregular shape, but shall have a minimum radius of five feet. The interior are shall be landscaped with living plant material.

(j)

Maintenance of driveways within the right-of-way shall be the responsibility of the abutting property owner using the driveway.

(k)

All driveways shall be of such a design and slope so as not to impede drainage as determined by the town engineer. For any driveway crossing a swale or other drainage facility, the town may require the installation of a pipe.

(l)

All of the provisions of this section 58-365 are subject to any stricter requirements including those found in section 58-315 of the Code. In addition, any property meeting the requirements of this section 58-365, which may not have been in compliance with the previous stricter requirements of this section, shall be deemed in compliance with the Code.

(m)

All multi-family and non-owner occupied residential property not in compliance with the requirements of this section, shall come into compliance on or before September 30, 2025. Notwithstanding the foregoing, all residential rental units for which a rental permit is required, must submit a parking plan as part of the application for a rental permit, and must come into compliance with this section prior to the issuance of such rental permit. In no event shall a driveway which is a legal and valid nonconforming use and/or structure be extended or enlarged.

(Ord. No. 527, § 2(Exh. A), 7-25-24)

The front lot line, side street line or rear street line of any lot shall be the right-of-way line (the street line) of the abutting street subject to the following requirements of this division.

(Ord. No. 225, § 2(10-132A.), 2-8-90)

Certain main arterial thoroughfares of the town are hereby designated and determined to have, or have need for, greater width than 60 feet, and no building or structure shall be erected or located upon any property abutting such streets and avenues closer to the centerline of such streets than one-half of the indicated designated width of such streets as follows:

(1)

Belvedere Road widths are as follows in the particularly described areas:

a.

East of Haverhill Road: Seventy-five feet from the centerline of Belvedere Road.

b.

West of Haverhill Road: Seventy-five feet north from the centerline of Belvedere Road and 135 feet south from the centerline of Belvedere Road.

c.

The centerline of Belvedere Road is defined as the south line of Sections 25 and 26, Township 42 South, Range 42 East, lying in the town.

(2)

The width of Military Trail shall be as follows: One hundred feet west from the line, being the east boundary of the town and the centerline of Military Trail.

(3)

The width of Haverhill Road shall be as follows: Seventy-five feet on each side of the east lines of Sections 26 and 35, Township 43 South, Range 42 East, as the same lies within the limits of the town, or is coincidental with the limits of the town.

(4)

All other streets shall have widths of not less than 30 feet from the right-of-way.

(Ord. No. 225, § 2(10-132B.), 2-8-90)

Prior to the issuance of any development order which includes the installation of a new curb cut, the town planner shall review the application to determine that excessive curb cuts in the vicinity have not been allowed and that the connections and access points to roads, arterial streets and major collector streets meet the standards of the county or state department of transportation, whichever is appropriate.

(Ord. No. 231, § 1(10-132C.), 7-12-90)

Every part of the required front yard must be open to the sky. Side and rear yards must be unobstructed except for accessory buildings, screen enclosure with screened roofs, walls and fences, as permitted, and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices, and for ornamental features. No existing property or lot within the town shall be permitted to reduce or remove its tree, shrub and/or sod plantings to less than what is required in section 58-411, unless such plantings shall be replaced, or if the tree, shrub and/or sod plantings are already less than required in section 58-411, to further reduce or remove the plantings, and this provision shall also apply to any subdivision under chapter 50 of the town code.

(Ord. No. 225, § 2(10-133), 2-8-90; Ord. No. 416, § 1 (Exh. A), 8-23-12)

(a)

Chimneys, cornices, eaves, bay windows and balconies may extend 24 inches from the main building into the yard area. Chimneys and bay windows shall not exceed 16 feet in horizontal dimension measured parallel to the building wall, and the total lineal dimension for such projections shall not exceed 25 percent of the total dimension along the building wall from which such chimney and/or bay window may project.

(b)

First floor entrance platforms, open terraces, or steps may extend six feet into the front setback or street setback area, provided no closed part shall exceed four feet in height above the average lot level.

(c)

Coverings over the front entrance to a dwelling may extend up to five feet from the main building into the front yard setback. However, said covering may not be any more than ten feet wide.

(Ord. No. 225, § 2(10-133A.), 2-8-90; Ord. No. 435, § 2, 11-19-15)

(a)

Cornices, solid canopies, or other architectural features may extend 48 inches over the required yard area, provided it shall have nine feet of vertical clearance between any solid construction and a walkway or yard.

(b)

No projections shall be allowed in the required rear yard except open type fire escapes projecting not more than five feet.

(c)

Canvas awnings may be suspended over sidewalks or ways, provided that they shall not project nearer than 24 inches to the face of the street curbline, nor more than eight feet from the exterior wall of the building. Such installation shall have at least seven feet, six inches of vertical clearance between any solid construction and the sidewalk or way. Cloth front and side drops shall measure not less than six feet, six inches from their lowest point to the sidewalk or way.

(Ord. No. 225, § 2(10-133B.), 2-8-90)

Where any lot is located on any street intersection or where two or more intersecting street lines outline any lot, or where any lot is located upon any corner, one side of the lot facing a street shall be determined to be the front street line of the lot by the orientation of the building facing a street, and the other side of the lot facing a street shall be determined to be the side street line of the lot, provided that such choice is determined by the building official after consideration of existing and foreseeable facts and circumstances not to be injurious to the existing or desirable future development of surrounding property. The required side street yard shall have the same setback as the front street yard of such lot, and shall be subject to the same provisions, requirements and restrictions as a required front street yard.

(Ord. No. 225, § 2(10-133C.), 2-8-90)

Where any lot extends the entire depth or width of a block and has frontage on more than one street at opposite ends of the lot, one side of the lot facing a street shall be determined to be the front street line of the lot by the orientation of the building facing a street, and the other side of the lot facing a street shall be determined to be the rear street frontage, provided that such choice, in the opinion of the building official, shall not be injurious to the existing or desirable future development of surrounding property. The required rear street yard shall have the same setback as the front of such lot, and shall be subject to the same provisions, requirements and restrictions as a required front yard.

(Ord. No. 225, § 2(10-133D.), 2-8-90)

This division shall be known and referred to as the "Town of Haverhill Landscape Code." The purpose and intent of this division is to promote the health, safety, and welfare of existing and future residents of the Town of Haverhill by establishing minimum standards for the installation and continued maintenance of landscaping and buffers within the Town of Haverhill. The specific objectives of the section are as follows:

(1)

Aesthetics. To improve the aesthetic appearance of development through creative landscaping that helps to harmonize and enhance the natural and built environments;

(2)

Environmental quality. To improve environmental quality by maintaining permeable land areas essential to surface water management and aquifer recharge; reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation; promoting energy conservation through the creation of shade; reducing heat gain in or on buildings or paved areas through the filtering capacity of trees and other vegetation; reducing the temperature of the microclimate through the process of evapotranspiration; and encouraging the use of limited fresh water resources through the use of native and drought resistant vegetation;

(3)

Water conservation. To promote water conservation by encouraging xeriscaping in appropriate areas, such as medians, and utilization of native and drought tolerant landscape material; encouraging the utilization of water conserving irrigation practices; requiring adherence to sound landscape installation standards and maintenance procedures that promote water conservation; ecological placement of landscape material; and utilization of natural areas and vegetation.

(4)

Preservation of native plants and vegetation. To encourage the preservation and planting of native vegetation and plants;

(5)

Efficiency in land development. To promote efficiency in the development of limited land resources by improving the compatibility of otherwise incompatible land uses in close proximity, particularly single family residential development that is adjacent to more intensive multi-family and commercial development, through the use of landscaped buffers;

(6)

Land values. To maintain and increase the value of land by requiring minimum landscaping which, when installed and maintained properly, becomes a capital asset;

(7)

Human values. To provide physical and psychological benefits to persons through landscaping, by reducing noise and glare, and by softening the harsher visual aspects of urban development;

(8)

Removal of prohibited plant species. To encourage the initial eradication and control of prohibited plant species which have become nuisances because of their tendency to disrupt or destroy native ecosystems; and

(9)

Improved design. To encourage innovative and cost-effective approaches to the design, installation and maintenance of landscaping, particularly those that promote energy and water conservation and incorporate areas of native vegetation.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

The standards established in this division are to be considered the minimum requirements for landscape design. It is the intent of this division to encourage creativity in landscape design while providing general direction and criteria for the evaluation of landscape plans, planting plans and alternative landscape plans. The following design principles shall be used in evaluating whether standard landscape plans, planting plans and alternative landscape plans conform to the requirements of this section.

(1)

Composition. The quality of a landscape design is as dependent on the composition of its elements as on the quantity and selection of plant materials. Landscape materials should be arranged in a manner as to provide the following qualities and characteristics:

a.

Texture. Landscape designs should seek to provide a textured appearance through the use of a variety of plant material rather than a single species, contrasting large leaf textures with medium and small leaf textures, and a variety of plant heights at maturity. Spacing of key landscaping components, such as trees and shrubs, is an important element of texture and should be consistent with the overall design approach of the landscape plan. Formal landscape designs benefit from a uniform spacing of plants, whereas varied spacing and clustering of trees is more compatible with a naturalistic design.

b.

Color. Landscape designs should include a variety of plants to provide contrasting color to other plants in the design. Designs are encouraged to include flowering plants and especially a mix of plants that display colorful flowers throughout the year.

c.

Form. Landscape designs should consider the complete three-dimensional form of the landscape, not simply the form of individual elements. The interrelationship of all landscape components should be considered so that the final landscaping works together to present a coherent whole. Trees, shrubs, and hedges, especially those used for screening and buffering, should display fullness at maturity that is typical of the species.

(2)

Buffering and screening. The placement of natural landscape materials (trees, shrubs, and hedges) is the preferred method for buffering differing land uses, for providing a transition between adjacent properties, and to screen the view of any parking or storage area, refuse collection, utility enclosures, or service area visible from a public street, alley, or pedestrian area. Plants may be used in concert with fences and/or berms to achieve the desired screen or buffering effect. Landscape material should be mature enough at the time of planting to provide an effective buffer or screen, and should be planted in an appropriate location to allow for desired growth within a reasonable period of time. When used to screen an activity area such as a parking lot, landscaping should not obstruct the visibility of motorists or pedestrians and shall not interfere with public safety.

(3)

Responsive to local context and character. Landscape designs should build on the site's and the area's unique physical characteristics, conserving and complementing existing natural features. Naturalistic design elements such as irregular plant spacing, undulating contours, and mixed proportions of plant species should be used to ensure new landscaping blends and contribute to the quality of the surrounding area. Selection and spacing of plant material should be reflective of the neighborhood, district, or area character. If a native plant is identified within an area and is consistent with the requirements of this section, that plant should be incorporated in landscape designs.

(4)

Use of native and drought resistant plants. Wherever feasible and environmentally beneficial, landscape designs should feature native and/or related plant species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character and diversity of the region, and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats should be incorporated into the landscape design. In the same manner, landscape designs are encouraged to utilize drought tolerant plant materials to the maximum extent feasible. The use of drought tolerant plants should enrich the existing landscape character, conserve water and energy, and provide as pleasant and varied a visual appearance as plants that require more water. Further, trees and shrubs shall be planted where feasible, in order to reduce energy consumption by shading buildings and shall be used to reduce heat island effects by shading paved surfaces.

(5)

Natural landscape. Landscape designs should incorporate and complement existing natural landscapes and existing specimen trees and native vegetation (including canopy, understory, and ground cover). Particular care should be given to preserve intact natural ecosystems. Where previous landscaping has dramatically altered natural landscapes, new designs should seek to re-establish natural landscape patterns and plantings.

(6)

Continuity and connection. Landscaping should be designed in a manner consistent with the adjacent and surrounding landscape, provided that the surrounding and planned landscaping is also consistent with the other design principles. Plant materials should blend well with adjacent properties, particularly where property edges meet, to create a seamless and natural landscape. Exceptions should be made when seeking to create a transition between uses and districts.

(7)

Enhancing architecture. Landscape design should be compatible with and enhance architectural character and features and help relate structure design to the site. Major landscape elements should be designed to complement architectural elevations and rooflines through color, texture, density, and form on both vertical and horizontal planes. Landscaping should be in scale with adjacent buildings and be of appropriate size at maturity to accomplish intended goals. Foundation planting and window boxes should be designed to be compatible with a building's architectural character and are strongly encouraged to incorporate artistic elements.

(8)

Energy conservation and sustainable design. Attention should be given to locating landscape elements in a manner that provides energy conservation benefits. Shade trees planted can provide daytime shading for buildings, thereby reducing energy needed for interior air conditioning. Landscape design should also consider natural drainage features and the use of pervious surfaces and areas to minimize runoff.

(9)

Pedestrian importance. In pedestrian-oriented development types, landscape designs should give special attention to the needs of pedestrians. Where landscaping is provided on both sides of a sidewalk, pedestrians should have the experience of walking through a landscape that is separated by a path, as opposed to walking past two separate landscapes that happen to be on either side of a path. Benches, kiosks, artwork and other streetscape elements should be incorporated into landscaping in high activity areas. Pedestrian access to sidewalks or buildings shall be considered in the design of all landscaped areas.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

The provisions of this division shall be considered minimum standards and shall apply to all development in the town, except that development exempted in section 58-409 (Exemptions).

(Ord. No. 386, § 1(Exh. A), 1-28-10)

The following development shall be exempt from the standards and requirements of this division. All landscaping, however, is subject to the maintenance, pruning and replacement requirements listed in section 58-417.

(1)

Enlargement, repair of single-family or duplex development. The enlargement or repair of one single-family or duplex residence on a single lot as long as existing vegetation is not disturbed or displaced, unless the enlargement or repair constitutes a substantial improvement as defined in section 58-8 or is done in conjunction with or furtherance of a change in land use.

(2)

Buildings or structures accessory to single-family or duplex development. The initial construction, replacement or repair of buildings or structures accessory to one single-family or duplex residence on a single lot as long as existing vegetation is not disturbed or displaced unless required as a condition of a variation granted pursuant to section 58-331(e);

(3)

Recreational property for athletic playing fields, courts, or open play areas. Public property used for athletic playing fields, courts, or open play areas;

(4)

Bona fide agricultural production. Bona fide agricultural production activities;

(5)

Development that does not entail a substantial change in use. Existing development that does not entail a substantial change in use as defined in section 58-8; and

(6)

Development with site development or building permit approval. Development that has received a certified site plan or building permit approval prior to February 1, 2010.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

All new development requiring the issuance of a building permit shall require submittal and approval of the following, as applicable. The submitted plan must demonstrate how the requirements of this division will be met. Plans shall be submitted to the town administrator and made available to the public. Landscape or Alternative Landscape Plans for projects requiring site plan or site plan amendment review shall be:

(1)

Standard landscape plan. For residential and non-residential developments, including, without limitation, single-family residential developments, multi-family developments, and buffer and common areas of a planned development, a landscape plan shall be submitted and approved prior to the issuance of a building permit. The landscape plan shall be prepared by and bear the seal of a Florida licensed landscape architect.

(2)

Planting or plot plan. For all projects on an individual lot requiring landscaping which would not otherwise be exempt, a planting or plot plan shall be submitted and approved prior to the issuance of a building permit. The planting plan shall indicate the number, location, and species of required trees and shrubs.

(3)

Alternative plan. An applicant may demonstrate the intent of this section can be more effectively met, in whole or in part, through an alternative landscape plan. The alternative landscape plan shall be prepared in accordance with the design guidelines and principals set forth in this section. Requirements for plant material, heights, and spacing, and up to 50 percent of the required buffer widths may be varied with approval of an alternative landscape plan. To qualify for approval, the alternative landscape plan shall meet seven of the following ten design guidelines and principles:

a.

demonstrates an innovative use of plant materials and design techniques in response to unique site characteristics;

b.

preserves or incorporates existing native vegetation in excess of minimum standards;

c.

uses a variety of plant material, including plants of color, plants of form and plants of texture;

d.

incorporates naturalistic design principles, such as natural variations in topography, meandering or curvilinear buffer plantings and grouping of dominant plant materials (trees, large shrubs) in an manner consistent with existing native vegetation;

e.

integrates landscaping and pedestrian facilities in a manner compatible with the zoning district in which the development is located;

f.

use of shade trees in excess of the minimum standards in this division to create a canopy effect;

g.

provides a minimum of fifty (50) percent of required canopy and palm trees which exceed the minimum height requirements in this section;

h.

creates a greater compatibility with the landscape on abutting properties, provided the landscaping of abutting developments is consistent with the design principles and guidelines of this division;

i.

uses water-efficient irrigation systems and xeriscape landscaping principles at appropriate locations; and

j.

incorporates specific environmental attributes of soil, slope, hydrology, and vegetative communities unique to the site and is compatible with environmental features on abutting properties.

The alternative landscape plan shall clearly detail the variations requested from the provisions of this division and how they conform to landscape design principles and concepts of subsection (6). For all non-residential and multi-family development greater than two units and planned developments, the alternative landscape plan shall be prepared by and bear the seal of a professional Florida licensed landscape architect.

(4)

Conditions of approval. Conditions of approval of landscape plans, planting plans and alternative landscape plans may be imposed by the town administrator and/or town council and include requirements for different plant mixes, greater use of shade trees or trees with larger canopies, berms, tiered planting, meandering paths, minimum plant height and quantity, increased number of plantings, and/or minimum and maximum tree and palm spacing.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

(a)

General. Trees and other vegetation shall be:

(1)

Planted in soil and climatic conditions which are appropriate for their growth habits;

(2)

Appropriate for the plant zone in which they are to be planted;

(3)

Non-invasive;

(4)

Low maintenance and of a high quality;

(5)

Compatible with any existing native plant to the greatest extent possible; and

(6)

Otherwise consistent with the intent of this division.

(b)

Plant quality. Plants installed pursuant to this section shall conform to or exceed the minimum standards for Florida Number 1, as provided in the most current edition of "Grades and Standards for Nursery Plants, Parts I and II," prepared by the State of Florida Department of Agriculture and Consumer Services. A different minimum standard may be approved for native plants installed in accordance with the approved alternative landscape plan if an applicant demonstrates that sufficient quantities of commercial stock meeting the Florida Number 1 standard are not available in Palm Beach County. All plants shall be clean and free of noxious pests and/or disease. At least 60 percent of the required plants shall be native and drought tolerant species.

(c)

Minimum interior tree and shrub quantities. The following minimum interior tree, shrub and sod quantities shall be required in addition to those plants required for preserve or buffer areas:

(1)

Future land use low density residential.

a.

Trees. One tree shall be planted or preserved for every 1,500 square feet of gross lot area, excluding areas of vegetation required to be preserved by this division and areas left to be undisturbed. No more than 20 new trees shall be required per lot and no less than 50 percent of these trees shall be planted or preserved within 25 feet of the exterior of the home. Credit for existing trees will be given in accord with section 58-412.

b.

Shrubs. One hundred fifty (one gallon), 150 (three gallon), six (seven gallon) and four (15 gallon) accent shrubs shall be planted or preserved for every lot one acre or more. Seventy-five (one gallon), 75 (three gallon), three (seven gallon) and two (15 gallon) accent shrubs shall be planted or preserved for every lot less than one acre. No less than 75 percent of the shrubs shall be planted or preserved in the front of the front plane of the home.

c.

Sod. Sod shall be installed in the front yard and within 35 feet of the perimeter of the sides and rear of the home except where other plantings are required. The balance of the lot shall be seeded and mulched or where native plant communities exist, left undisturbed.

(2)

Future land use medium density residential

a.

Trees. One tree shall be planted or preserved for every 1,500 square feet of gross lot area, excluding areas of vegetation required to be preserved by this division and areas left to be undisturbed. No more than 20 new trees shall be required per lot and no less than 50 percent of these trees shall be planted or preserved within 25 feet of the exterior of the home. Credit for existing trees will be given in accord with section 58-312.

b.

Shrubs. One hundred fifty (one gallon), 150 (three gallon), six (seven gallon) and four (15 gallon) accent shrubs shall be planted or preserved for every lot one acre or more. Seventy-five (one gallon), 75 (three gallon), three (seven gallon) and two (15 gallon) accent shrubs shall be planted or preserved for every lot less than one acre. No less than 75 percent of the shrubs shall be planted or preserved in the front of the front plane of the home.

c.

Sod. Sod shall be installed in the front yard and within 35 feet of the perimeter of the side and rear of the home except where other plantings are required. The balance of the lot shall be seeded and mulched or where native plant communities exist, left undisturbed.

(3)

Future land use high density residential.

a.

Trees. One tree shall be planted or preserved for every 1,250 square feet of the gross lot area, excluding areas of vegetation required to be preserved by this division and areas left to be undisturbed. Credit for existing trees will be given in accord with section 58-312.

b.

Shrubs. One hundred (one gallon), 75 (three gallon), two (seven gallon) and two (15 gallon) accent shrubs shall be planted or preserved for every lot. No less than 75 percent of the shrubs shall be planted or preserved in the front of the front plane of the home.

c.

Sod. Sod shall be installed over 100 percent of the lot area and to the edge of pavement, except where other plantings are required, or where native plant communities exist, left undisturbed.

(4)

Future land use designation of nonresidential.

a.

Trees and shrubs. One tree and three shrubs shall be planted or preserved for every 2,500 square feet of a nonresidential lot or fraction thereof, excluding only areas of vegetation required to be preserved by law and preservation areas. The minimum tree and shrub planting standard is exclusive of trees, shrubs or hedges required to be planted in perimeter buffers and vehicular areas.

b.

Foundation planting. Foundation plantings shall be provided along the front, side and rear facades of nonresidential structures, except for vehicle access areas such as garages and bay doors, drive-through windows and loading areas. The minimum width of the required foundation planting shall be five feet for single-story buildings and eight feet for buildings with two or more stories. Landscape material shall not be planted within one foot of the building foundation to provide termite treatment of the building and the separation shall be maintained from building at maturity. The combined length of the required foundation planting shall be no less than 40 percent of the total length of the applicable side of the structure. All required foundation plantings shall be planted with a minimum of one tree or three palms for each 20 linear feet of building facade and a combination of mass plantings of shrubs, a minimum of two to three feet in height or mass plantings of appropriate ground cover, a minimum of one-half-foot up to two feet in height, and/or accent plants.

c.

Sod. Sod shall be installed over 100 percent of the lot area and to the edge of pavement, except where other plantings are required, or where native plant communities exist, left undisturbed.

(d)

Tree species mix. When more than six trees are required to be planted to meet the standards of this section, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted and in accordance with Table 58-411.1. This species mix standard shall not apply to areas of vegetation required to be preserved by law.

(1)

At least ten percent of all required trees shall be of a flowering species.

(2)

Not less than 20 percent of all required trees shall be of a palm species.

(3)

A minimum of 50 percent of all trees used to satisfy the standards of this division shall be classified as native and drought-tolerant in the most recent edition of the South Florida Water Management District's Xeriscape Plant Guide.

(4)

A minimum of 75 percent of all trees that are required to be planted in the interior of vehicular use areas shall be shade trees, as indicated on the recommended tree and plant species list.

Table 58-411.1
Tree Species Mix
Required Number of Trees Minimum Number of Species

(e)

Shrub species mix. When shrubs are required to be planted to meet the standards of this section, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of shrubs required to be planted and in accordance with Table 58-411.2. This species mix standard shall not apply to areas of vegetation required to be preserved by law.

(1)

At least ten percent of all required shrubs shall be of a flowering species.

(2)

A minimum of 50 percent of all shrubs used to satisfy the standards of this section shall be classified as native and drought-tolerant in the most recent edition of the South Florida Water Management District's Xeriscape Plant Guide.

(3)

Hedges and shrubs in one gallon containers shall be a minimum of 12 inches in height upon planting. All other hedges and shrubs shall be a minimum of 24 inches in height upon planting. Hedges and shrubs shall be spaced at a maximum of 24 inches on center. Hedges shall form a solid continuous visual screen of at least three feet in height within two years after the time of planting.

Table 58-411.2
Shrub Species Mix
Required Number of Shrubs Minimum Number of Species

(f)

Tree Size. A minimum of 50 percent of the required trees on a lot or parcel shall be of an installed size relating to the structure height according to Table 58-411.3.

Table 58-411.3
Tree Size
Structure Height (feet) Tree Height (feet) Palm Height GW (feet)

* GW = Grey Wood

All other tree sizes shall be as follows:

a.

Shade trees at time of installation shall have a minimum height of 12 feet and a minimum crown spread of six feet.

b.

Flowering trees shall have a minimum installation size of ten feet in height and a minimum crown spread of five feet.

c.

Palms shall have a minimum of eight feet of clear trunk, be 12 feet in overall height at the time of installation, and have a minimum diameter of six inches. The height of palms will be increased if the fronds hang below eight feet of clearance from the ground.

d.

Eighteen feet and 22 feet palms can be substituted with staggered palms, if approved by the town administrator or his/her designee.

All measurements shall be from the top of the root ball.

(g)

Ground treatment. The ground within required landscaped areas or the preservation of existing or new vegetation shall receive appropriate landscaping such as grass, groundcover, mulch, or shrubs and present a finished appearance upon planting. Such ground cover shall be continually maintained as appropriate. Sand, gravel, shellrock, construction debris, untreated manure or pavement are not considered appropriate landscape treatment. The following standards shall apply to the design of ground treatment:

(1)

Ground cover. Live materials used as ground cover shall provide a minimum of 50 percent coverage immediately upon planting and 100 percent coverage within three months after planting. No ground cover may be used that may create an impervious area.

(2)

Mulch. Mulch shall be installed and maintained at a minimum compacted depth of four inches at all times in all planted areas not containing ground covers. All mulch material shall be installed with a weed block material in order to prevent spouting and re-growth, and shall be chemical (arsenic) free. Cypress mulch is discouraged as its harvesting degrades wetlands.

(3)

Pebbles and rock and sand. Pebbles or rock or decorative sand may be used in a limited amount as a ground treatment in areas needed to accommodate limited roof runoff and where drainage is a problem.

(4)

Lawn and turf grass. Grass areas shall be planted with species suitable as permanent lawns in the Town of Haverhill. Grass areas may be sodded, plugged, sprigged, or seeded, provided that solid sod shall be used in swales, rights-of-way or other areas subject to erosion. In areas where grass seed is used, millet or rye shall also be sown for immediate effect, and immediate maintenance shall be provided until coverage is complete. Use of drought-tolerant ground cover instead of lawn and turf grass is encouraged and required on undeveloped parcels.

(5)

Preservation areas. Ground cover is not required in preservation areas shown on approved site or landscape plans.

(h)

Vines. A minimum of 50 percent of all vines required to be planted by this section shall be native species or listed as drought tolerant or very drought tolerant by the South Florida Water Management District's Xeriscape Plant Guide. Vines shall have a minimum of five runners, each a minimum 30 inches in length immediately upon planting. Vines may be used in conjunction with fences, screens, or walls to meet physical barrier standards. If vines are used in conjunction with fences, screens, or walls, their runners will be attached to the fence, screen, or wall in a way that encourages proper plant growth. Vines shall be of non-invasive species.

(i)

Palms. Palms shall be considered as an alternative to trees; however, palms susceptible to lethal yellowing shall not be used to comply with this section.

(1)

Palms planted in landscape buffers and in the energy conservation zone shall be installed in groups of no less than three. Each group of three palms in a buffer strip shall be considered to be one tree. In the case of species of palms which characteristically grow in clumps, each clump shall be considered to be one tree.

(2)

Royal, Bismarck or Phoenix palms or other acceptable species, as determined by the town administrator or his/her designee, may be counted as one required canopy tree. These palms shall: 1) not exceed a maximum of 25 percent of all trees required in the buffer; 2) be spaced a maximum of 20 feet on center; and 3) have a minimum of 12 feet clear trunk.

(j)

Site design flexibility. A site plan which provides at least 80 percent of the required trees or landscape area may be approved if it contains specific features which fulfill its exact intent through the use of creative and innovative techniques. All applications for site plan or other approval shall specify features intended to serve in lieu of specific requirements. The adopted design options and the accompanying points shall be clearly tabulated on the landscape plan. Such a landscape plan must satisfy a minimum total of 30 points from Table 58-411.4.

Table 58-411.4
Design Option Points

(k)

Landscape area around signs and screening.

(1)

A three-foot wide planting area shall be required around the base of all proposed freestanding point of purchase, monument, directional or entry wall signs. One shrub for each ten square foot of total feature area shall be installed within the three-foot planting area at the base of the sign. Monument signs may be surrounded by colorful ground cover on all sides in addition to the required shrubs. Landscaping and trees that interfere with the visibility of signage may be relocated to the rear of the sign planting area, subject to approval from the town administrator or his/her designee.

(2)

All mechanical, electrical, water equipment exhaust vents, etc. located on the ground or roof top shall be entirely screened from public view utilizing opaque materials and/or landscaping as screening. Screening material shall accommodate maintenance or inspection thereof with the use of appropriate panels and/or hinged gates. All dumpsters shall be placed on a concrete pad with appropriate depth and be entirely screened on three (3) sides with a wall and shrubs along the wall.

(l)

Entrance landscape area. Landscaping at project entrances shall contain a combination of colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum of two colorful shrub species on both sides of the entrance and a signature tree with a minimum of six feet of clear trunk all planted to preserve the clear sight area. The signature tree does not contribute toward the required number of perimeter trees and is defined as a tree with blossoms or natural color other than green intended to beautify project entrances and contribute to the town's image. Signature trees include but are not limited to Yellow Elder, Tibouchina Granulosa.

(m)

Landscape in easements. Landscaping may be permitted in easements only with the written permission of all easement holders. Moreover, landscaping in easement areas shall require a removal agreement with the town. Easements may overlap a required landscape buffer by a maximum of five feet, provided that there remains a minimum of five clear feet for planting, or if a wall with a continuous footer is used, a minimum of ten clear feet for planting. The landscape buffer may be traversed by easements or access ways as necessary to comply with the standards of this section and other town codes. Easements shall be identified prior to preparation of the landscape plan and any proposed overlap approved by the town administrator or his/her designee and shall be recorded prior to town approval of the site plan.

(1)

Utilities. Trees planted within any easement with overhead utilities shall comply with the latest edition of FPL's publication "Plant the Right Tree in the Right Place," and take into consideration the mature height and spread of the species beneath or adjacent to existing overhead utilities. Where overhead utilities exist, trees shall be maintained so that the trees mature to a height and spread—not encroaching within five feet of overhead power distribution lines. If the utilities are underground, trees shall not be planted any closer than ten feet. The easement area shall be counted in plant quantity calculations and plants removed from the easement area shall be relocated or replaced elsewhere in site. In order to maintain tree and plant spacing when a landscape buffer is traversed by a utility easement, a larger overlap may be allowed with the written approval of the relevant utilities.

(2)

Detention/retention areas, swales, drainage easements, and lake maintenance easements. Detention/retention areas, swales, drainage easements, and lake maintenance easements may not be located in or overlap required landscape buffers.

(n)

Corner clips. Safe sight distance triangles shall be provided in accordance with applicable town standards. Extended safe sight distance triangles shall be required in individual cases when the town engineer determines that intersecting street alignments or other factors are such that the standard safe sight distances triangles are insufficient to ensure appropriate minimum stopping/crossing sight distances, in accordance with Federal Department of Transportation "Green Book" criteria. Corner clips shall be maintained to provide unobstructed visibility at a level between 30 inches and eight feet above the crown of the adjacent roadway and in a way that does not create a traffic hazard. Vegetation located adjacent to and within corner clip areas shall be trimmed so that limbs or foliage do not extend into the required visibility area. All landscaping within the safe sight distance triangle area shall be planted and perpetually maintained by the property owner, in accordance with this section. Trees located in required corner clips shall have, at installation, a minimum of eight feet of clear trunk.

(o)

Berms. Landscape berms may be used as non-living landscape barriers only when installed in conjunction with plant materials and when compatible with adjacent properties. They should be used to heighten the effectiveness of other plant materials and should not be placed in the field of vision between the right-of-way and plant materials. The slope of the berm shall not exceed three-to-one (3-horizontal: 1-vertical). In areas where existing vegetation has been preserved, berms cannot be installed unless no negative impact to the viability of preserved trees and vegetation can be demonstrated. Drainage of berms shall be contained within the buffer area.

(p)

Right-of-way landscape. A property owner may be permitted or required by the town to landscape the medians or swales of streets, provided that the vegetation (including sod) to be used complies with the standards of this section. Approval of "on-site" landscape plans shall not constitute approval of any street or right-of-way landscaping that may appear on such plans. The town administrator shall retain final authority to approve or disapprove street and right-of-way landscaping plans and maintenance requirements with respect to safe and proper engineering practices. Where appropriate and prior to issuance of a development order, a property owner shall be required by execution of a declaration in the public records, or other means acceptable to the town attorney, to install and maintain landscaping along land in or abutting thoroughfare roads. The property owner shall be required to maintain right-of-ways and easements adjacent to their developed property up to the edge of pavement or edge of water.

(q)

Artificial plants. No artificial plants or vegetation shall be used to meet any standards of this section.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

A preserved native upland tree and drought-tolerant tree meeting the standards specified in this section may be substituted for any of the trees required by this code or as a condition of approval, subject to the following:

(1)

Tree survey. Credit shall be granted for on-site preservation of existing native or drought-tolerant trees when a landscape plan is accompanied by a tree survey prepared in a form and manner acceptable to the town administrator or his/her designee.

(2)

Tree credit formula. Existing native wetland trees in littoral zones or drought-tolerant trees shall be credited according to the formula in Table 58-412.1.

Table 58-412.1
Tree Credits

Notes to Table 58-412.1:

1.

Fractional measurements shall be rounded down.

2.

Preserved slash pines, a minimum of 16 feet in height, may count as one required tree.

3.

Palms shall be counted as one canopy tree for interior tree requirements. A maximum of 25 percent of the required interior trees may be palms.

4.

Palms shall be counted as ⅓ of a tree for buffer requirements (e.g. three palms = one shade tree). A maximum of 25 percent of the required buffer trees may be palms.

(3)

Trees excluded from credit. Tree credits shall not be permitted for trees that are:

a.

Required preservation. Trees which are required to be protected by law, or trees located in required preservation areas, if any;

b.

Not protected during construction. Trees which are not properly protected from damage during the construction process, as provided in section 58-418;

c.

Prohibited, fruit or controlled species. Trees that are classified as prohibited, or controlled species;

d.

Dead, dying, infested or diseased trees. Trees that are dead, dying, diseased, or infested with harmful insects; or

e.

Recreation tracts, golf courses, or similar subareas within planned developments. Trees that are located within recreation tracts, golf courses or similar subareas within planned developments that are not intended to be developed.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

All landscape plans shall be required to demonstrate compliance with the water conservation standards by obtaining a minimum score of 30 points from the water conservation point scale identified in Table 58-413.1. Landscape plans shall be reviewed and certified to the town by a registered landscape architect for adequate irrigation.

Table 48-413.1
Water Conversation Point Scale

Notes to Table 58-413.1:

Florida Native Landscape will be preserved or reestablished. Reestablished Florida Native Landscape must include trees, understory and ground cover, with no more than 50 percent of the site sodded. Credit for "Sod/Turf Area Alternatives" given for planting/seeding native wildflowers, meadow grasses or ground cover in-lieu of allowable sodded area.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

(a)

General tree, shrub and hedge standards.

(1)

Canopy trees. At the time of installation, interior trees in vehicular use areas shall be a minimum of 12 feet in height with a five-foot canopy and be container grown or root pruned in the field. Trees shall have, at installation, a minimum of eight feet of clear trunk. A minimum of 75 percent of all trees that are required to be planted in the interior of vehicular use areas shall be canopy.

(2)

Palms. Palms shall have a minimum of eight feet of clear trunk at the time of installation. Palms may count as one required interior tree and shall not exceed a maximum of 25 percent of the required interior trees. Preserved native palms with a minimum of four feet of clear trunk located within the interior of a site may be counted as one required interior tree. Palms planted in the interior of vehicular use arm shall be an appropriate species which when mature will not interfere with required lighting or other land development regulations.

(3)

Hedges and shrubs. The interior landscape requirements for hedges and shrubs shall in accordance with section 58-417(b).

(b)

Off street parking and interior vehicular use areas.

(1)

Terminal and interior landscape islands.

a.

Terminal islands. Each row of parking spaces shall be terminated by landscape islands. The terminal island shall not overlap perimeter or other required buffers. The terminal island shall be a minimum of 12 feet in width or 20 feet in width if accommodating utilities, excluding required curbing, and 20 feet in length and include at least 200 square feet of planting area and one canopy tree.

b.

Interior landscape islands. A minimum of one interior landscape island shall be provided for every ten parking spaces or fraction thereof. Interior landscape islands shall be spaced a maximum of 120 feet apart. Interior landscape islands shall be not less than ten feet in width, excluding required curbing and 20 feet in length and include at least 120 feet square feet of planting area and one tree. However, for all nonresidential lots equal to or less than one acre, terminal and interior landscape islands shall be a minimum of ten feet in width excluding required curbing and 20 feet in length.

(2)

Divider median. Divider medians with wheel stops at least eight feet wide shall be installed between rows of parking and between all parking/vehicular use areas. One tree shall be planted for each 30 linear feet with a maximum spacing of 30 feet on center.

(3)

Landscape diamonds. Landscape diamonds with canopy trees may be distributed throughout the interior of an offstreet parking area to provide shading of parked motor vehicles as an alternative to interior landscape islands except that the number of interior landscape islands shall not be reduced by more than 50 percent in area. Grade level tree plantings areas shall be located only at the common intersection of four parking spaces and spaced no greater than four spaces apart. The ground within the tree planting area shall receive appropriate landscape treatment, including mulch or ground cover. The minimum tree planting area shall be 25 square feet with minimum horizontal dimension of five feet except that canopy tree shall have no less than 200 square feet.

(4)

Parking area screening. All parking, loading, storage or outdoor display areas adjacent to right-of-ways shall be screened with a continuous hedge or shrub in accordance with section 58-415.

(5)

Landscape protection measures. Landscape protection measures, such as curbing and wheel stops, shall be shown on all paving, drainage, site and landscape plans. The landscape area adjacent to any off-street parking space or vehicle use area shall be protected from vehicular encroachment by the use of concrete wheel stops or continuous concrete curbing.

a.

All landscape area subject to vehicular encroachment shall be separated from vehicular use areas by six-inch, non-mountable, FDOT type "D" or FDOT type "F" concrete curbing except for alternative landscape protection measures approved by the town.

b.

Wheel stops shall have a minimum length of six feet and a minimum height of five inches above the finished grade of the parking area, shall be properly anchored and continuously maintained in good condition. The wheel stop must rest fully on the pavement to prevent rocking.

(6)

Pervious area. A minimum of ten percent of the gross land area shall be landscaped and maintained as pervious surface area, not to include shellrock.

(7)

Parking structures. Parking structures shall provide perimeter planters around each level of parking structures. The planter shall provide a total of one-half square feet of planting area for each linear foot of facade, within 500 feet of a public right-of-way or residential zoning district, per parking level. Planting areas may be arranged in linear fashion or clustered at intervals and shall be provided with permanent irrigation to permit watering of plant materials. The perimeter planter requirement may be waived if in conflict with the architectural intent of the structure, subject to town approval.

(8)

Excess parking spaces. In the event the number of parking spaces to be installed exceeds the minimum number of parking spaces required by the Land Development Regulations, the required landscaping shall be increased by 100 square feet for each additional parking space. The additional landscaping shall consist of shrubs, ground cover, grass and mulch in accordance with the standards of these regulations. For each additional 500 square feet of impervious surface or fraction thereof, one shade tree shall be provided in addition to the shrubs, ground cover, grass and mulch.

(9)

Alternative Interior landscaping. A portion of the landscaping for interior parking spaces, not to exceed 25 percent of the total requirement, may be relocated so as to emphasize corridors or special landscape areas within the general parking area or adjacent to buildings located on the site, if helpful in achieving greater overall aesthetic effect. Such relocated landscaping shall be in addition to perimeter landscaping requirements.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

Landscape buffer strips shall be installed and maintained in accordance with the following standards:

(a)

Right-of-way buffer.

(1)

Width of landscape buffer strips that abut streets. The width of landscape buffer strips abutting streets shall depend on the width of the street's ultimate right-of-way, as referenced by Table 58-415.1. Exceptions to the required right-of-way buffers can be made for developments with setbacks less than 20 feet from the applicable lot line with the approval of an alternative landscape plan. Where the side(s) of a building abuts a property line, as with zero lot line development, that side is exempted from the right-of-way buffer requirements.

Table 58-415.1
Width of Right-of-Way Buffer Strips

Notes to Table 58-415.1:

1.

The width of the ultimate right-of-way shall be determined by the town engineer.

2.

Single-family detached homes in a residential subdivision shall not require a right-of-way buffer along internal streets.

(2)

Planting corridor strip. A minimum of 50 percent of the buffer width shall be composed of a vertical landscape screen at least 36 inches in height. The width of the screen should not remain uniform throughout the entire linear length of the buffer and should vary between 50 and 60 percent of the entire buffer width in a meandering pattern.

(3)

Color and texture. Buffer planting shall include at least ten percent of materials with a contrasting leaf texture. A minimum of 20 percent of trees and shrubs shall include flowering species.

(4)

Shrub height. Right-of-way buffers of 15 feet or greater width shall be composed of the following, in addition to the required tree/palm planting:

a.

Ground cover: Required height - six inches to 24.

b.

Low shrub: Required height - two feet to three feet.

c.

Medium shrub: Required height - four feet to six feet.

d.

High shrub: Required height - greater than six feet.

(5)

Non-living barriers in landscape buffer strips adjacent to a right-of-way. If a wall or fence or other non-living barrier is used, they shall be located on the interior edge of the required landscape buffer strip with the required landscaping located between the wall, fence or other non-living barrier and the right-of-way. If the placement of the wall, fence or non-living barrier conflicts with a pre-existing dedicated easement, the wall, fence or non-living barrier shall not encroach the easement, unless the provisions regarding [e]asement encroachment are satisfied. Non-living barriers shall require additional landscaping to soften them and enhance their appearance. For each ten feet of non-living barrier, two shrubs or vines shall be planted along the street side of the barrier, in addition to tree requirements.

(6)

Right-of-way buffer width reduction. Where properties are separated from the street by a canal, lake and/or passive open space with a total minimum width of 50 feet or greater, the buffer width may be reduced by 50 percent. The reduced buffer shall contain a minimum of five clear feet for planting, or if a wall with a continuous footer is used, a minimum of ten clear feet for planting. The quantity of required plant material shall be reduced in proportion to the reduction in the buffer width.

(7)

Clustering. Canopy trees and palms may be clustered in right-of-way buffers for nonresidential developments only if the clusters:

a.

Are spaced a maximum of 60 feet apart;

b.

Consist of trees of varied height, which when averaged, equal the minimum tree height required; and

c.

Are located on property containing a minimum of 300 linear feet along a right-of-way.

(b)

Perimeter landscape buffer.

(1)

General tree, shrub and hedge standard.

a.

Canopy tree planting. In calculating the number of trees to be planted, fractional distances shall be rounded down. With the town's approval, up to ten percent of the total number of required trees may be reduced in height by ten percent, provided that an additional tree, at least eight feet in height is planted for each tree with reduced height. All canopy trees shall be container grown or root pruned in the field. The width of access ways which traverse required landscape strips shall be included in the calculation of linear dimension. Required trees shall at installation have no minimum clear trunk requirements and a minimum six-foot canopy spread, except as otherwise noted. In addition, trees shall be allowed to attain a minimum eight-foot canopy spread, except as otherwise noted. The diameter of spread of the canopy shall be determined by the average canopy radius at three points measured from the trunk to the outermost branch tip.

b.

Palm and slash pine tree planting. Palms and slash pines planted in perimeter buffers shall be installed in groups of no less than three. Each group of palms or slash pines shall average ten feet in height and may be counted as one required canopy tree.

c.

Shrub. At the time of installation, required shrubs shall be a minimum of 24 inches in height, or 18 inches in height for native species. Required shrubs shall form a continuous solid opaque visual screen of at least 36 inches in height within two years of planting unless the shrubs forms a barrier hedge.

d.

Alternative use of native vegetation. Existing native vegetation shall be deemed to satisfy the landscape buffer standards, in total or in part, upon the approval of the town. In determining whether native vegetation satisfies the buffer standards, the following shall be considered:

i.

The effectiveness of the visual screening which will be provided;

ii.

The quality of the vegetation being preserved;

iii.

The proposed native buffer makes use of existing native vegetation, which may include trees. If no trees exist in the proposed buffer, no additional trees will be required if adequate screening is provided; and

iv.

Native vegetation from areas of the site to be developed may be relocated to the buffer area.

(2)

Compatibility landscape buffer strips.

a.

General. The entire perimeter landscaping shall be installed for residential and non-residential developments, other than planned development districts, prior to the issuance of the first certificate of occupancy. For a phased residential development, the buffer strip shall be installed along the entire perimeter for each phase. The buffer strips shall be maintained and preserved along the entire length of the property. The width of landscape buffer strips shall not include utility easements.

b.

Width. A five-foot wide buffer shall be required for each lot between all compatible use types, excluding single-family residential subdivisions or pods adjacent to single-family residential subdivisions or pods.

c.

Trees. Trees shall be a minimum of 14 feet tall and spaced no more than 20 feet on center. The minimum area of a tree planting area shall be 20 square feet, and the minimum dimensions shall be four feet by five feet. The ground within the tree planting area shall receive appropriate landscape treatment, including mulch or ground cover.

(3)

Incompatibility landscape buffer strips.

Table 58-415.2
Incompatibility Landscape Buffer Standards

Notes to Table 58-415.2:

1.

All walls shall be masonry construction or an alternative approved by the town, and shall extend the full length of the property line. Both sides of the wall shall be given finished architectural treatment which is compatible and harmonious with abutting developments and the wall shall contain no openings except gates or similar means of access that may be approved during site plan approval.

2.

If a wall or fence is used, the landscaping shall be located between the landscape barrier and the adjacent property, unless approved otherwise by the town and must be in compliance with wall and fencing regulations.

3.

When hedges are used alone in a buffer, hedges shall present a continuous solid opaque visual and connective screen a minimum of six feet in height at time of installation.

4.

If the same type of landscape buffer exists on an abutting property, the width of one buffer may be reduced 50 percent and a minimum of five clear feet for planting shall be required or if a wall with a continuous footer is used a minimum of ten clear feet of planting. Back to back walls shall be avoided.

5.

The town may impose special standards on the following uses: recreation and civic uses within a residential subdivision or pod within a planned unit development or property owned by the Town of Haverhill, Palm Beach County or the School District.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

Lake areas (surface water management area which includes the water and bank) in excess of one-half acre in area shall be planted to create a habitat that provides the optimal environment for aquatic and other species. Lakes provided for new construction or major modifications of existing projects shall be planted as follows:

(1)

Littoral plantings. To occupy a minimum of 50 percent of lake perimeter with littoral plantings.

(2)

Littoral shelf. To consist of a minimum of eight square feet of littoral shelf per linear foot of lake.

(3)

Trees. To consist of a minimum of one native tree per 50 feet of linear lake frontage, provided, however, that access for maintenance shall be maintained.

(4)

Vegetation. All vegetation installed contiguous, at a minimum 4:1 bank slope, 100 percent appropriate native vegetation, installed with proper spacing for full coverage of littoral shelf areas. All littoral and upland plantings established consistent with these standards shall be maintained in accordance with a management plan approved by the town at the time of site plan approval or permitting. The management plan shall include: i) a map showing the limits of the water bodies covered by the plan; ii) the chemicals being applied to the water bodies, including the amounts of each chemical and application schedule; iii) the specific aquatic vegetation being addressed including, but not limited to, water hyacinths, chara, cattails, broadleaf weeds, hydrilla, algae, coon-tail, milfoil, southern naiad, torpedo grass, alligatorweed, duckweed, ditchbank grasses and other waterborne weeds; and iv) the name and address of the aquatic vegetation control contractor along with the copies of appropriate licenses and insurances.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

The following standards shall be considered the minimum required installation, maintenance, irrigation and replacement standards for all trees and landscape material and shall apply to all lots within the town.

(a)

Installation. All landscaping shall be installed according to acceptable nursery practices (American Society of Landscape Architects) in a manner designed to encourage vigorous growth. Soil improvement measures may be required to ensure healthy plant growth. A plant or tree's growth characteristics shall be considered before planting to prevent conflicts with views, lighting, infrastructure, utilities or signage. If lighting and signage are to be installed, the proposed lighting and signage plans shall be submitted with landscape plans for approval before installation.

(1)

Phasing. Required landscaping may be installed in phrases, if it is designated on the approved site plan as follows:

a.

Planned developments. The number of trees required to be planted or preserved in a construction phase of a planned development shall be a proportion of the total number of trees required to be planted in the overall planned development. This proportion shall be determined by comparing the area of the phase plan to the area of the entire planned development as shown on the approved plan. Areas of vegetation required to be preserved shall be excluded from the calculation.

b.

Other developments. The entire perimeter landscaping shall be installed for residential and non-residential developments, prior to the issuance of the first certificate of occupancy or completion or in accordance with an approved phasing plan by the town.

(2)

Construction. It shall be unlawful for any person in the construction of any structure or other improvement to place materials, machinery or temporary soil deposits within the drip line of any tree and during construction the builder shall be required to erect suitable protective barriers around all such trees to be preserved. Trees designated for protection during construction that do not survive will be replaced by a tree of equal size or an equivalent number of trees based on trunk diameter. The minimum barricading shall be in accordance with specifications set forth in the "Tree Protection Manual for Builders and Developers," by the Florida Department of Agriculture and Consumer Services. A monetary performance assurance instead of or in addition to a protective barricade may be required to ensure protection of a tree or trees or to guarantee restoration of an equivalency. The amount of said assurance shall be based upon the equivalent value of the tree or trees specifically covered. Any assurance required for a "protected tree" shall be four times the equivalent value for that tree.

(3)

Protection. All trees shall be properly guyed and staked at the time of planting until establishment, however, no later than one year from installation of the tree. The use of nails, wire or rope or any other method which damages the trees is prohibited. All plants shall be installed so fertilizer tablets immediately after planting. Four inches of mulch is required around all planting materials. For trees and shrubs, the planting soil shall consist of a mixture of 50 percent mulch and 50 percent of clean brown soil.

(b)

Maintenance. All property owners, or successors in interest, or agents, if any, shall be jointly and severally responsible for the following:

(1)

Regular maintenance of all landscaping in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed, consistent with acceptable horticultural practices;

(2)

Regular maintenance, repair or replacement of landscape barriers and maintenance of required landscape structures (e.g., walls, fences) in a structurally sound condition;

(3)

Perpetual maintenance to prohibit the reestablishment of prohibited and nonnative species within landscaping and preservation areas;

(4)

All trees shall be allowed to grow to their natural mature height and a full canopy. Large and medium canopy trees shall be required to attain a minimum 20-foot canopy spread prior to pruning. In no case shall the canopy spread be reduced to less than 20 feet in width. Maintenance shall be limited to periodic trimming to maintain healthy trees, removal of diseased limbs, or removal of limbs or foliage that present a hazard.

(5)

Landscape areas which are required to be created or preserved by this section shall not be used for the storage/display of materials or sale of products or services.

(6)

The owner or tenant shall maintain all landscaped areas in a manner consistent with the site plan or landscape plan approved for the property and consistent with the requirements of this section. If a property owner changes and/or removes without replacement 30 percent or more of the required landscaping, excluding trees, then a landscaping permit with proposed landscape plan shall be submitted and approved by the town. If no site plan or landscape plan is in existence, then the property owner must meet existing code requirements; and

(7)

Landscaping and barrier hedges shall be trimmed and maintained in a healthy and neat condition and shall not extend onto or over public properties, rights-of-way or easements, provided, however, overgrowth is not prohibited as long it does not interfere with vehicular and pedestrian access and sight angles.

(8)

Grass clippings shall be mulched or collected, and not blown into roadways, pedestrian pathways, drainage facilities (excluding grass swale areas) or water.

(9)

Required or preserved vegetation that becomes damaged or diseased, or is dead shall be immediately replaced with equivalent vegetation to comply with the approved landscape plan, alternative landscape plan, or planting plan or with the requirements of this section (if an approved plan is not on file). Preserved trees for which credit was awarded and that are removed or damaged, shall be replaced in accord with the tree replacement credit standards of Table 58-412.1. Landscape trees planted or preserved to meet the minimum landscape code requirements may be removed provided a tree removal permit is applied for and approved.

(c)

Pruning. Pruning is permitted to allow for healthy tree growth, to promote safety considerations, allow for better harvesting, and to enhance the aesthetic value of plant material. Trees which cause a conflict with views, signage or lighting shall not be pruned more than the maximum allowed nor pruned in conflict with the maintenance standards above. The town administrator may suspend the provisions of this section upon finding that additional pruning is necessary for plant growth, safety or aesthetics.

(1)

A maximum of one-fourth of tree canopy may be removed from a tree within a one year period, provided that the removal conforms to the standards of crown reduction, crown cleaning, crown thinning, crown raising, vista pruning and crown restoration pruning techniques. All pruning shall comply with the American National Standards Institute, ANSI 300-1995 (Tree, Shrub) and other code or condition of approval shall not be reduced below the minimum spread or height requirements of section 58-411 or specific town conditions of approval. A tree which is pruned in excess of these requirements shall be replaced with a tree that meets the minimum requirements of section 58-411 and Table 58-411.3.

(2)

If other than the mature height and spread is desired for any required tree the size and shape shall be indicated on an approved landscape, planting or alternative landscaping plan. Shaping of a tree shall be permitted if the tree is to be used as an accent, focal point or as part of an overall landscape design. A maintenance program shall be clearly outlined on the approved landscape plan to explain the care and upkeep of a shaped tree.

(3)

In reducing overall size, attention shall be given to symmetrical appearance. Vertical growth is to be encouraged and the sides reduced in order to maintain a "tree-like" form.

(4)

When cutting back trees, care shall be taken to promote shape and form typical of their species in similar settings in the town.

(5)

All cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub. Clean cuts shall be made at all times.

(6)

Climbing and pruning practices shall not injure the tree except for the pruning cuts.

(7)

Treatment of cuts and wounds with a tree wound dressing is to be carried out within 24 hours of the cuts being made. Materials non-toxic to the cambium layer shall be used, and care shall be taken to treat only the exposed wood with a thin coat of dressing.

(8)

Tools shall be disinfected with diluted chlorine solution (bleach) or methyl alcohol at 70 percent (denatured wood alcohol diluted appropriately with water) or suitable solution after each cut and between trees where there is known to be a danger of transmitting disease on tools.

(9)

Tree injuries are to be annually inspected. Those not closing properly and where callus growth is not completely established shall be treated.

(10)

Tree topping (hatracking) is prohibited and shall be defined as the cutting back of limbs to a point between branch collars/buds, larger than one inch in diameter within the tree's crown.

(11)

No large or medium canopy trees shall be pruned before it has a minimum of 20-foot canopy spread prior to pruning.

(12)

Palm pruning.

a.

No more than one-third of fronds shall be removed per year.

b.

No cutting below the horizon line unless dead or diseased fronds.

(13)

Exceptions. The following trees and species are exempt from these pruning standards.

a.

Trees affected by Federal Aviation Administration and airport safety regulations.

b.

Trees that interfere with corner clips, utility lines or utility structures.

c.

Trees having insect or disease damage, crown dieback, or decay greater than one-third the tree canopy.

d.

Trees having suffered damage due to natural or accidental causes.

e.

Trees in botanical gardens, or botanical research centers.

f.

Trees controlled by the Town of Haverhill.

g.

Ficus species (which may be trimmed more than 25 percent).

(d)

Irrigation. Landscaped areas shall be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation systems shall comply with the following standards:

(1)

All landscaped areas needing irrigation shall be provided with a readily available water supply with at least one outlet, within 75 feet of the plants to be maintained, except on non-residential sites where an automated system is required to provide 100 percent coverage.

(2)

Irrigation systems shall be designed and operated so as not to overlap water zones or to water impervious areas and shall be continuously maintained in working order.

(3)

Irrigation systems shall be designed and operated to apply water onto shrub and tree areas on a less frequent schedule than those irrigation lawn areas. A rain sensor switch, which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred pursuant to F.S. § 373.62, shall be installed on systems with automatic controllers.

(4)

Irrigation systems shall not be installed, operated or maintained abutting any public street which causes water from the system to spray onto the roadway or to strike passing pedestrian or vehicular traffic.

(5)

Permanent irrigation systems are not required for areas set aside on approved site development plans for preservation of existing native vegetation.

(6)

All irrigation systems installed in new construction shall be a nonpotable water irrigation system, except for single family residential dwellings. These systems shall be restricted to surface, well water, or water reuse only; the use of potable water from the public water system is prohibited.

(7)

Temporary irrigation systems installed pursuant to acceptable xeriscape practices may be used to meet the standards of this section, upon approval of the town.

(8)

Any landscape irrigation shall be restricted to the hours of 5:00 p.m. to 9:00 a.m. All daytime irrigation is prohibited.

(9)

Any declaration of water shortage restrictions, Phase I, II, III and IV issued by South Florida Water Management District in times of drought shall be followed and enforced immediately upon certification. South Florida Water Management District's Modified Phase I water-use restrictions are permanent restrictions. Failure to comply with the requirements of these restrictions will constitute a violation of the town's regulations.

(10)

Exemptions. The following activities shall be exempted from the provisions of this section:

a.

Landscape irrigation by hand watering using a self-canceling nozzle or low volume irrigation system.

b.

Landscape irrigation by systems from which the sole source is treated wastewater effluent.

c.

Landscape irrigation by systems for system repair and maintenance; however, such operation shall be limited to 20 minutes per zone per week.

d.

Flushing of water and sewer mains required for normal clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into pervious areas, flush at the minimum rate necessary for cleaning, and disperse the water in such a manner to benefit local vegetation.

e.

Landscape irrigation for purpose of watering in fungicides, insecticides, herbicides, pesticides and fertilizers as required by the manufacturer or by federal state laws; however, this exemption applies only to licensed pest control operators and shall be limited to manufacturer's recommendations, which must be completed within 24 hours of application. Further, such operators must be on premises when such watering takes place outside the hours allowed for irrigation.

f.

Recirculating ornamental water features.

g.

Firefighting, health or medical uses.

h.

Agricultural irrigation.

i.

Irrigation of clay tennis courts, limited to one hour two times per day.

(Ord. No. 386, § 1(Exh. A), 1-28-10; Ord. No. 417, § 1 (Exh. A), 8-23-12)

(a)

Suspension circumstances. The installation of landscaping required by this section may be temporarily suspended, in individual cases, by the town administrator or his/her designee under the following circumstances:

(1)

After a freeze when required landscape materials are not available;

(2)

During a period of drought in which the use of water is restricted by a governmental authority; or

(3)

Prior to a building certificate of occupancy in response to extenuating circumstances beyond the control of the applicant.

(b)

Performance surety. If the landscape standards of this section are suspended pursuant to this section, the town shall enter into an agreement with the property owner to allow issuance of the permit or certificate of occupancy or certificate of completion, only if the property owner provides adequate guarantee or surety that the terms of this section will be met. The guarantee shall consist of a performance bond or other surety agreement approved by the town attorney in an amount equal to 110 percent of the direct costs of materials and labor, and other costs incidental to the installation of the required landscaping completion agreement. Performance bonds or other guarantees required pursuant to this subsection shall name the town as beneficiary and specify the time frame for the completion of the landscape standards of this section.

(c)

Application requirements. An application for a temporary suspension of landscape standards shall be accompanied by a landscape plan identifying the plantings which have been postponed, the proposed planting schedule and the costs of the suspended planting. Planting cost estimates shall be verified by competent authority and provided to the town along with the application.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

(a)

General.

(1)

Purpose. This section establishes a program to require the eradication of harmful invasive exotic plant species.

(2)

Applicability. The provisions of this section shall apply within the Town of Haverhill and shall apply to the alteration or removal of non-native upland vegetation. Terms specific to this section are defined in subsection (d) below.

(b)

Vegetation removal notice—New construction.

(1)

Minimum alteration. The extent of removal of vegetation shall be limited to the minimum necessary to accomplish the purpose of the site plan.

(2)

Removal of prohibited plant species. Complete removal or eradication of prohibited plant species, as defined below, shall be completed for the entire site prior to receipt of the certificate of occupancy (C.O.). Planting or installation of these plants species is prohibited. Periodic removal is required to prevent future re-establishment of the prohibited species on site. The following plant species are prohibited:

Plants listed in Rule 5B-57.007 F.A.C. and noxious weed list from the Florida Department of Agriculture and Consumer Services, as such plant and weed list may be amended from time to time.

(3)

Permit duration. The vegetation removal notice shall be in effect for one (1) year after the issuance date. The issuance date may be the date of issuance of the building construction permit.

(c)

Removal of prohibited plant species. All developed property approved or constructed in the town shall have prohibited plant species removed by the property owner, shall be maintained free of prohibited plant species, except as provided below:

(1)

Removal of prohibited plant species. All developed property shall have prohibited plant species removed by the property owner unless such species is a tree with a diameter greater than 12 inches diameter at breast height. Prohibited plant species greater than 12 inches diameter shall be removed by the property owner at the minimum rate of one per year until all prohibited species are removed. Periodic removal is required to prevent future reestablishment of the prohibited species on site.

(2)

Enforcement. In order to enforce compliance with the provisions of this section, the Town of Haverhill may issue a cease and desist order or require that a building permit or C.O. be withheld. Violations of the provisions of this section shall be punishable through the remedies as outlined in section 58-422.

(d)

Glossary of terms. Terms used in this section shall have the following definitions:

(1)

Diameter at breast height (dbh) means the diameter of a tree trunk measured at a point four and one-half (4.5) feet above the ground.

(2)

Exotic plant species means a plant species not indigenous to Florida including those plants listed as prohibited and invasive non-native plant species in this section.

(3)

Listed species means any species listed as endangered, threatened, rare, or of special concern by one (1) or more of the following agencies:

a.

U.S. Fish and Wildlife Service;

b.

Florida Game and Fresh Water Fish Commission;

c.

Florida Committee on Rare and Endangered Plants and Animals;

d.

Florida Department of Agriculture and Consumer Services; and

e.

Treasure Coast Regional Planning Council.

(4)

Native tree(s) or native vegetation means plants species with a natural geographic distribution indigenous to Florida. Plant species introduced by humans are not native vegetation.

(5)

Native upland vegetation means the plant component of a native Florida upland community, (a characteristic assemblage of native plant and animal species which are interrelated and occupy predominantly upland terrain), which includes intact vegetation, such as Florida scrub, pine flatwoods, scrubby flatwoods, hammocks, and dry prairies.

(6)

Prohibited plant species means those prohibited plant species identified and listed in Rule 5B-57.007 F.A.C., noxious weed list from the Florida Department of Agriculture and Consumer Services as may be amended from time to time, and includes those specific plant species listed in subsection (b)(2) above.

(7)

Tree means a woody or fibrous perennial plant commonly with a single stem having a minimum trunk dbh of three inches and having a more or less defined crown, that usually grows to at least four meters or 13 feet in height at maturity.

Tree survey means a comprehensive survey document or site plan that provides site specific information for trees three inches or greater dbh or for palm trees with an overall clear trunk height of eight feet that are on the site. The survey shall be performed by a Florida-licensed land surveyor, and ERM shall determine the applicability and the extent of each survey.

(Ord. No. 386, § 1(Exh. A), 1-28-10; Ord. No. 519, § 2(Exh. A), 9-28-23)

(a)

It shall be unlawful for any person to engage in land-clearing, land-removing or land-filling activities in the town, irrespective of the material used to fill land, or to use, operate, propel or maintain in use any bulldozer, payloader, front-end loader, backhoe, dragline, power shovel, road grader, dump truck, dredge, sand-pumping machine, pump line, fill spreader or other heavy-duty land-clearing, land-removing or land-filling equipment within the town limits, without first obtaining a permit from the building official and payment of applicable fees, as determined from time to time by the town.

(b)

The application fee shall be paid at the time of submittal of the application. The permit fee shall be paid at the time of issuance. The town may issue the permit, deny the permit, or issue the permit with conditions. In addition, the town may require an inspection of the property prior to issuance of the permit.

(c)

Where work for which a permit is required is started prior to obtaining a permit, the fee shall be tripled; but the payment of the fee shall not relieve any person from complying with this section nor from any other penalties which may be imposed.

(d)

Applicants for land-clearing, land-removing or land-filling permits shall furnish to the town all information reasonably requested upon a form prescribed for such purposes, identifying the applicant, the equipment involved, the site, the nature of the work, the estimated duration to complete the work, the identity of the party ordering the work, the material to be used for any land-filling activity and proof of the property owner's consent. No such permit shall be issued without prior full compliance by the applicant with all other required permits and licenses by the town.

(e)

Application for an approval under this section shall be deemed abandoned 30 days after the date the town notifies the applicant of any deficiencies contained in the application. The town may, upon written request and justification by the applicant, grant not more than one 30-day extension. At the expiration of the 30-day period, or any extension thereof, the application shall automatically expire and become null and void. Permit fees shall be refunded, except that plan application fees shall be retained.

(f)

Any person charged with a violation of this division shall be denied the issuance of any further permits for land clearing, removal or filling in the town until final disposition thereof, and if found guilty, shall also be denied the issuance of any further permits for land-clearing, land-removing or land-filling operations in the town for a period of one year from date of conviction. Each day's violation shall constitute a separate offense.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

(a)

Landscape review and fee. All site development plans shall be reviewed by the town for conformance to landscaping and screening requirements prior to the issuance of a certificate of occupancy. Any expense incurred by the town in reviewing plans or insuring compliance with this division, including the cost of a landscape architect hired by the town, shall be borne by the applicant or property owner as a condition to any approval.

(b)

Field inspections. Unless otherwise provided in this section, all development subject to this section shall be inspected by the town after installation of the required landscaping. Required landscaping shall be approved by the town prior to issuance of a certificate of occupancy or certificate of compliance.

(c)

Certification of compliance. In addition to the required field inspection, the property owner shall submit a certificate or letter indicating compliance with these regulations, in a form approved by the town, to the town administrator as a condition of issuance of a certificate of occupancy or certificate of completion. This certificate shall be prepared and signed by a landscape architect licensed by the State of Florida and demonstrate that all of the provisions of this section have been met. The certification statement shall appear on the certification report.

(1)

Field verification of certification. The town may at its option conduct a field inspection to verify the certificate of compliance.

(2)

Acceptance of certification. If no field verification is conducted by the town within 30 days, the certificate of compliance shall be deemed to have been accepted. Upon acceptance by the town, the certificate of compliance shall be filed and maintained with the official records of the development.

(d)

Annual inspection. Landscaping shall be inspected periodically by the town to insure proper maintenance. The property owner shall be notified by the town, in writing, of any areas which are not being maintained as provided in this section and shall, within 30 days from the time of notification, restore the landscaping to a healthy condition.

(e)

Tree and landscaping services and arborists.

(1)

All tree and landscaping services shall register with the town and obtain a registration of occupancy or business tax receipt before beginning work.

(2)

Vehicles or trailers used by a tree service/arborist operating within the town shall be clearly and permanently marked with the name of the tree service/arborist. Certified arborists shall display the certified logo and registration number, if any.

(3)

A photocopy of the current business tax receipt and town registration shall be available for inspection at each job site.

(4)

Standards for cutting on or repair to dicotyledonous species shall be in accordance with the American National Standards Institute A-300 standards or similar accepted standards as published.

(5)

Persons engaged in business as a tree service in the town shall adhere to the American National Standards Institute, A-300 standards or similar accepted standards as published, except for service to prohibited trees.

(6)

Persons engaged in business as a tree or landscaping service in the town shall remove their own planting debris prior or upon leaving the work site.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

Failure to comply with the requirements of this division or any permit or approval granted or authorized hereunder shall constitute a violation of this division. The town may issue a cease and desist order or withhold a certificate of occupancy or certificate of completion until the provisions of this section have been met.

(1)

Fines. Violations of the provisions of this section shall be punishable by:

a.

A fine not to exceed $500.00 per violation; or

b.

A permit fee for removal of trees without a valid tree removal permit; or,

c.

Such fines and imprisonment as provided for in F.S. § 125.69 or any other provision of state or federal law.

(2)

Violations. The following deficiencies shall be considered a separate and continuing violation of this division:

a.

Each tree or shrub which is not properly installed or properly maintained on site, as required by this division;

b.

Each day in which landscaping is not properly installed or properly maintained on site as required by this division; or

c.

Each tree removed without a permit.

(3)

Review board. Violations of this division may be referred to the code enforcement special master for corrective actions and civil penalties.

(4)

Additional sanctions. The town may take any appropriate legal action, including, but not limited to, administrative action, requests for temporary and permanent injunctions, and other sanctions to enforce the provisions of this division.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

The owner of property within the town may petition the town council for a variation from the strict requirements of this division. Any variation from the requirements of this division may be considered by the town council upon presentation of a petition for same and a finding that such variation is not contrary to the intent and purpose of this chapter. The town council may approve, disapprove, or approve the variation with conditions. The town may impose a fee for such petition by resolution.

(Ord. No. 386, § 1(Exh. A), 1-28-10)

(a)

In any district notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be constructed on any single lot of record on February 8, 1990, or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

(b)

This section shall apply even though the lot fails to meet the requirements for area or width, or both, provided that other requirements not involving area, or width, or both, of the lot shall conform to the regulations of the district in which such lot is located. Variance of setback requirements shall be obtained only through action of the zoning board of appeals, and final action thereon by the town council.

(Ord. No. 225, § 2(10-140), 2-8-90)

Where, on February 8, 1990, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on February 8, 1990.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on February 8, 1990.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Ord. No. 225, § 2(10-141), 2-8-90)

Where a lawful structure exists on February 8, 1990, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of this structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

No such structure may be enlarged or altered in any way which increases its nonconformity.

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, as determined by the town building official, it shall not be reconstructed except in conformity with the provisions of this chapter, except in cases of fire or an act of God, in which case the structure may be replaced as it was originally constructed.

(3)

Should any structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 225, § 2(10-142), 2-8-90)

If a lawful use of a structure, or of a structure and premises in combination exists on February 8, 1990, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on February 8, 1990, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises in combination, may be changed to another nonconforming use, provided that the town council shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the town council may require appropriate conditions and safeguards in accordance with the provisions of this chapter. The applicant must meet all general standards for special exceptions as specifically set forth in this chapter for the district in which the nonconforming structure is located.

(4)

Any structure or structure and land in combination, in or on which a nonconforming use is superceded by a permitted use, shall thereafter conform to the regulations for the district in which the structure is located and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 180 days, the structure, or structure and premises in combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located.

(Ord. No. 225, § 2(10-143), 2-8-90)

For the purpose of this division the words used shall have the meanings and definitions as prescribed in F.S. § 316.003, presently in effect, except as to the definition of the word "bus" which is modified to include more than nine passengers.

(Ord. No. 225, § 2(10-137C.), 2-8-90)

Cross reference— Definitions generally, § 1-2.

No vehicle for hire, bus, semitrailer, truck, truck-tractor, or any other truck of over 10,000 pounds GVWR (gross vehicle weight rating) shall be parked, stopped, stored or kept on any public street, avenue, alley or other thoroughfare or any right-of-way therewith within any residential district in the town for a period exceeding one hour in any 24-hour period, each such period commencing at the time of first stopping or parking unless a permit is first obtained from the town clerk on showing of necessity or undue hardship.

(Ord. No. 225, § 2(10-137A.), 2-8-90)

No bus, truck, and/or truck-trailer or other commercial or industrial type motor vehicle or trailer weighing in excess of 10,000 pounds GVWR shall be parked on, caused to be parked on, or allowed to be parked on any property or in the street, alley or parkways abutting property in a residential district of the town for a period exceeding one hour in any 24-hour period, each such period commencing from the time of first stopping or parking, unless a permit is first obtained from the town clerk on showing of necessity or undue hardship.

(Ord. No. 225, § 2(10-137B.), 2-8-90)

The restrictions of this division shall not apply to the temporary parking of any bus, semitrailer, truck and/or truck-tractor on residential property or in the street, alley, or parkways abutting such property in residential districts incidental to construction underway for which a current and valid building permit had been issued by the town.

(Ord. No. 225, § 2(10-137D.), 2-8-90)

The restrictions of this division shall not apply to a situation where such vehicle becomes disabled and, as a result of such emergency, is required to be parked within a residential district for longer than one hour. However, any such vehicle shall be removed from the residential district within 24 hours, by wrecker towing if necessary, regardless of the nature of emergency.

(Ord. No. 225, § 2(10-137E.), 2-8-90)

The restrictions of this division of one hour in residential districts shall not apply to routine deliveries by tradesmen, or the use of trucks in making service calls providing that such time in excess of one hour is actually incidental to, and in the course of, business deliveries or servicing, as the case may be.

(Ord. No. 225, § 2(10-137F.), 2-8-90)

(a)

The restrictions of section 58-438 shall not apply to major recreational equipment or vans if such vehicles are used substantially for personal or private noncommercial or nonindustrial purposes, are owned by the owner or lessee of the lot, do not carry commercial markings or sign or advertising of an area in excess of two square feet, and except recreational vehicles, have less than three axles and a permit is obtained from the town clerk.

(b)

As used in this section, "substantially" means "primarily" or "more than 40 percent measured by mileage."

(c)

As further used in this section, "major recreational equipment" shall mean motorized homes, campers, all trailers which require a vehicular registration from the state, travel trailers, pickup trailers, tent trailers and boat trailers, whether or not they require such vehicular registration, all boats and similar vehicles and equipment.

(Ord. No. 225, § 2(10-137G.), 2-8-90)

No major recreational equipment shall, at any time, be parked upon any streets within the limits of the town.

(Ord. No. 225, § 2(10-137H.), 2-8-90)

No major recreational equipment shall be parked or stored upon any other property within the limits of the town, except in a garage or carport or behind an imaginary straight line, contiguous with the part of the front wall of any building which is closest to its front property line and extending therefrom to the side lines of the property. However, major recreational equipment may be parked anywhere else upon residential premises, for periods not to exceed 48 hours, during loading or unloading.

(Ord. No. 225, § 2(10-137I.), 2-8-90)

No major recreational equipment shall, at any time, be used within the limits of the town for living, sleeping or housekeeping purposes.

(Ord. No. 225, § 2(10-137J.), 2-8-90)

The restrictions of section 58-438 shall not apply to vans or buses owned or leased for terms of less than nine months and used exclusively by a religious organization legally operating on land in the town if the vehicle has less than four axles and a permit is obtained from the town.

(Ord. No. 225, § 2(10-137K.), 2-8-90)

Permits may be issued by the town clerk when the conditions specified in sections 58-437, 58-438, 58-442, or 58-446 exist where there are reasons affecting life and safety.

(Ord. No. 225, § 2(10-137L.), 2-8-90)

These provisions are intended to regulate permitted construction to promote maximum safety of aircraft arriving and departing from the publicly-owned airports within proximity to the town; to promote the maximum safety of residents and property in areas surrounding Palm Beach County's airports; to promote the full utility of Palm Beach County's airports; to provide structure height standards for airport hazards and uses within airport primary, horizontal, conical, approach and transitional surfaces so as to encourage and promote compatible development of land beneath said areas; and to provide administrative procedures for the efficient and uniform regulation of all development proposals within said zones.

(Ord. No. 485, § 2(Exh. A), 7-22-21)

(a)

Except as provided in this subdivision, and in addition to any other requirements of this Code, the Palm Beach County "Airport Zoning Ordinance" contained in their Unified Land Development Code at Article 16, Airport Regulations, is hereby incorporated by reference.

(b)

For the purposes of this subdivision, the terms defined in the County Airport Zoning Ordinance shall have the meaning given therein, except the following terms shall have the meaning given in this subdivision:

DOA means the Palm Beach County Department of Airports.

FDOT means the Florida Department of Transportation.

ULDC means the Palm Beach County Unified Land Development Code.

(Ord. No. 485, § 2(Exh. A), 7-22-21)

(a)

The town plans to enter into an interlocal agreement with Palm Beach County, pursuant to F.S. chs. 163 and 333, for coordinated administration and enforcement of airport zoning regulations to prevent encroachment into airport operational areas or airspace surfaces.

(b)

All new construction, reconstruction or land alteration that adds height to any obstruction within areas shown on the "Airspace Notification Map" shall be reviewed for compliance with the standards of the County Airport Zoning Ordinance. Airspace height review procedures outlined in ULDC Article 16.B.1.H are replaced with standard town development review and approval processes, and permitting requirements.

(1)

No permit for obstruction will be issued if all FAA, County DOA, and FDOT comments are not addressed to the satisfaction of the town administrator. No development permit application shall be issued if the proposed construction or alteration exceeds an obstruction standard of the Federal Aviation Regulations, Part 77, or other applicable federal or state rules or regulations.

(2)

An application for the construction, reconstruction or alteration of any obstruction within the municipal limits of the Town must be reviewed in accordance with the site plan review procedures contained in the town code prior to issuance of a building permit for a permanent or temporary obstruction located within area regulation by this subdivision, and shall require the FAA finding of aeronautical affect. The town, with input from the County DOA, FAA and FDOT, may recommend approval of a development application with or without conditions of approval, including obstruction lighting and marking conditions, or recommend issuance or denial of a building permit. Denial of a proposed obstruction shall state the reasons for denial and inform the applicant that they may appeal the decision pursuant to paragraph (f) below.

(c)

No use may be made of land or water within a runway protection zone (RPZ) in such manner as to interfere with the operation of an airborne aircraft. Review procedures outlined in ULDC Article 16.C.1 are replaced with standard town development review and approval processes, and permitting requirements. The Off-Airport Land Use Compatibility Schedule, Appendix 8 of the County ULDC, shall be used to determine additional land development requirements for permitted or special exception uses identified in [chapter 58,] article VI of the town code. All areas defined as an RPZ or airport land use noise zone (ALUNZ) are subject to review and technical analysis by the Town and County DOA, in accordance with the regulations for RPZ and ALUNZ and town code. Prior to approval of a site plan, special exception authorization, or issuance of a building permit, the Town and County DOA shall review the application for compliance with ALUNZ standards.

(d)

The town shall administer the review of development applications and building permits for compliance with the county airport zoning regulations within the municipal limits, in consultation with County DOA, FAA and FDOT, as applicable, and pursuant to the procedures outlined in the interlocal agreement to be entered into between the town and Palm Beach County.

(e)

Any violation or non-compliance of airport regulations on a property within the Town of Haverhill municipal limits shall be deemed a violation of town code and shall be subject to the town's code compliance process as well as any other legal action available to the town including, but not limited to, injunctive relief.

(f)

Appeals. Any person aggrieved by the decision of the town in the administration of this subdivision may appeal the decision pursuant to the procedures contained in section 58-6(e).

(g)

Uses and structures nonconforming to the County Airport Zoning Ordinance shall be administered in accordance with town code, division 7, Nonconformities, of article IX of chapter 58.

(h)

Variances may not be granted from the County Airport Zoning Ordinance, pursuant to F.S. ch. 333.

(i)

Any person seeking to develop property within the town which shall be subject to these airport zoning regulations, shall pay an administrative fee to the town in an amount as determined by the town from time to time.

(Ord. No. 485, § 2(Exh. A), 7-22-21)

The following regulations shall apply to all congregate living facilities located in the town. All other zoning regulations not provided for by this section shall apply in accordance with the zoning district regulations in which the congregate living facility is to be located:

(1)

Congregate living facilities, Type 1. Congregate living facilities, Type 1, which otherwise meet the definition of a congregate living facility, shall be deemed a single-family unit and a noncommercial residential use for the purpose of this section. Type 1 congregate living facilities shall be a permitted use in single-family, two family and multifamily districts, provided that such homes shall not be located within a radius of 1,000 feet of another existing such congregate living facility with six or fewer residents. A congregate living facility with six or fewer residents must notify the town administrator, in writing, of its proposed location prior to occupancy and submit evidence of a current license issued by any applicable Licensing Entity as defined in F.S. § 419.001(1), and such other governmental agency or agencies as the town may deem appropriate. In addition to the requirements and limitations of section 58-490, sober living homes shall also comply with the requirements as set forth in section 58-491.

(2)

For any Type 1 congregate living facility that contains a living area for a caretaker in addition to the six residents, such congregate living facility having six residents may increase its residency by no more than one resident without altering its status as a Type I facility provided:

a.

The caretaker does not live at the facility;

b.

The congregate living facility lot is at least one-half acre;

c.

The addition of the resident will not necessitate or cause the footprint of the facility to be enlarged or modified, or create any additional impact or intensity of use on the lot or surrounding lots or neighborhood; and

d.

All licensing entities, as defined in F.S. § 419.001(1) or any other applicable licensing agency, modify the existing license to show the addition of the resident and proof of such approval is forwarded to the town administrator.

(3)

Type 2 and Type 3 congregate living facilities are not a permitted use in the town, or allowed as special exceptions.

(4)

For purposes of required separations, measurements shall be make from property line to property line, and any congregate living facility outside of the town limits shall be considered when determining the separation.

(5)

A congregate living facility shall provide and continuously maintain a central dining facility. Food preparation shall be prohibited in sleeping areas or in individual quarters.

(6)

Type 1 congregate living facilities may have accessory uses customarily incidental to a single-family dwelling and allowed by code.

(7)

Congregate living facilities shall be tied into water and wastewater systems currently furnished by Palm Beach County Utilities.

(8)

Congregate living facilities shall have a fully operational, whole house emergency generator that will function all electrical items in the event of an electrical power outage.

(Ord. No. 367, § 1(Exh. A), 8-28-08; Ord. No. 427, § 2(Exh. A), 11-13-14; Ord. No. 436, § 2(Exh. A), 11-19-15)

(a)

Definitions.

Recovery residence means a democratically run, peer-managed, and peer-supported dwelling for a resident who is established in his or her recovery and who is a party to a single lease agreement to occupy the dwelling which has a single beginning date and a single termination date.

Residential dwelling unit means a single unit used primarily for living and sleeping which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Sober house operator means a person who operates a sober living home.

Sober living home means any residential dwelling unit which is advertised, offered, solicited, or in any manner, held out for use, lease, sublease, rent, license, or sub-license by any person or entity for the purpose of proving housing to persons seeking a drug-free and/or alcohol-free living environment. This term shall not include a recovery residence.

(b)

Regulation of sober living homes.

(1)

Application.

a.

A person or entity may not operate a sober living home in this town without a valid permit from the town.

b.

Any person or entity which advertises, offers, solicits, or in any manner holds out for use, lease, sublease, rent, license, or sub-license any structure for the purpose of providing housing to persons seeking a drug-free and/or alcohol-free living environment shall annually apply to the town for a permit by submitting the following:

1.

The physical address of the sober living home.

2.

The name of the sober house operator.

3.

The number of beds being offered.

4.

Written eviction procedures.

5.

Proof of satisfactory fire, safety, and health inspections.

c.

A person or entity which is certified/accredited by the Florida Association of Recovery Residences or other state or nationally recognized credentialing entity relating to sober living homes shall be exempt from the annual permitting requirement, but shall be required to keep on file with the town the most current approval from said agency.

(2)

Advertising. A person or entity who owns or operates a permitted sober living home may not advertise, suggest, state, imply or otherwise lead a reasonable person to believe that any treatment is occurring at the sober transitional home.

(3)

Inspections. Before the town grants or renews a permit, an authorized agent(s) of the town may enter and inspect the proposed premises of a sober living home.

(4)

Denial; suspension; and revocation.

a.

If the town determines that a sober living home is not in compliance with local building and fire code requirements applicable to other dwellings including, but not limited to, regulations regarding congregate living facilities, including the separation and/or number of residents requirement, the town may deny, suspend, or revoke the license.

b.

Proceedings for the denial, suspension, or revocation of a permit shall be held before the town's special magistrate for code enforcement.

c.

The town may maintain an action in court to enjoin the operation of a sober living home by an unpermitted owner or operator that violates this section.

(5)

Evictions. The town recognizes that relapse is a common occurrence for persons who are not sufficiently established in their recovery and that such relapse causes an unsafe atmosphere for the non-relapsing residents within a sober living home which requires immediate action. In order to ensure that the due process rights of an evicted resident of a sober living home are not violated, a sober house operator must provide an evicted resident housing at an alternate supervised, clean, drug and alcohol free dwelling unit, at no additional cost to the resident, for at least 48 hours after eviction and immediately notify the town of the name and new temporary location of the evicted resident in order to avoid increased homelessness and victimization of the evicted resident. As used in this subsection, the term "resident" means an individual residing at a sober living home.

(Ord. No. 436, § 2(Exh. A), 11-19-15)

Accessory dwelling units in residential zoning districts are contemplated as special exceptions pursuant to article V, special exceptions, of chapter 58 because they can contribute needed housing to the community's housing stock. Accordingly, it is found that ADUs are a residential use which is consistent with the Town of Haverhill Comprehensive Plan goals and objectives and which enhances housing opportunities that are compatible with single-family development.

(Ord. No. 383, § 1(Exh. A), 12-10-09; Ord. No. 491, § 2, 7-22-21)

Accessory dwelling units are permitted in the R-1, R-2 and R-3 zoning districts as special exceptions and shall only be permitted on lots not less than 10,000 square feet.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

A maximum of one accessory dwelling unit may be permitted as an accessory use to a principal single family detached dwelling unit which is existing and owner occupied. The ADU may be attached to the principal dwelling or freestanding.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

An accessory dwelling unit may not exceed 1,000 square feet of living area under a solid roof. Floor area under a solid roof that is utilized as a porch, patio, porte cochere, carport, or garage shall not exceed 500 square feet.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

Only one bedroom and one bathroom shall be permitted in an ADU.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

The ADU shall comply with all building requirements and other property development regulations, except as modified by this division 11. The footprint of the ADU and principal residence shall be combined for purposes of determining lot coverage.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

A minimum of one parking space shall be provided for each ADU. Parking for ADU's is in addition to the parking required for the principal residence.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

A detached building or structure containing an ADU may not exceed 25 feet in height.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

Accessory dwelling units shall remain accessory to and under the same ownership as the principal dwelling and shall not be rented or subdivided or sold as a condominium or otherwise. The property owner must occupy either the principal residence or the ADU. Only the following individuals that are related by blood or marriage to the owners of the property as shown on the title to the property, shall be eligible to reside in an ADU, or principal residence if the owner resides in the ADU: the natural or adoptive children, parents, grandchildren, spouse or grandparents of the owner(s), and the aunt, uncle, brother, sister, stepfather, stepmother, half-brother and half-sister of the owner(s). The term "owners" shall refer to the person(s) holding legal title to the property as reflected in the public records of Palm Beach County, Florida, and receiving a homestead exemption from the property appraiser. If the owner is a trust or other legal entity, owner shall mean the beneficiaries of such trust or other legal entity, provided, however, that the property must qualify for and receive the homestead exemption from ad valorem taxes. The special exception for an accessory dwelling unit shall immediately terminate upon the transfer of legal or beneficial ownership of the property, or the failure to comply with the requirements under the provisions relating to accessory dwelling units.

(Ord. No. 383, § 1(Exh. A), 12-10-09; Ord. No. 473, § 2(Exh. A), 7-25-19)

Both the principal residence and the accessory dwelling shall be connected to the same electrical meter. Separate electric service is specifically prohibited.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

The ADU shall be compatible with the principal dwelling unit and surrounding properties as follows:

(1)

Exterior design of the ADU shall be compatible with the existing principal residence through architectural use of building forms, height, construction materials, colors, landscaping, roof style, and other methods that conform to acceptable construction practices.

(2)

The exterior design shall be in harmony with and maintain the scale of the neighborhood.

(3)

The ADU shall not result in excessive noise, traffic or parking congestion.

(4)

Adequate water and wastewater systems shall be available to service the ADU.

(5)

The site plan shall provide for adequate open space and landscaping that is useful for both the ADU and principal residence, and for privacy and screening of adjacent properties.

(6)

The location and design of the ADU shall maintain a compatible relationship to adjacent properties and shall not materially impact the privacy, light, air, or parking of adjacent properties.

(7)

ADU's shall generally limit the major access stairs, decks, patios, entry doors and major windows to the street or principal residence. Efforts should be made to minimize the impact of privacy of the neighboring rear or side yards from windows.

(8)

The orientation and location of the ADU shall be such to best maintain the natural resources including heritage or significant trees and shrubs to the extent feasible and minimize alteration of natural land forms.

(Ord. No. 383, § 1(Exh. A), 12-10-09)

The kitchen shall be removed within 30 days at such time as the principal dwelling, ADU, or owner, whichever the case may be, no longer meets the requirements of this division.

(Ord. No. 383, § 1(Exh. A), 12-10-09; Ord. No. 473, § 2(Exh. A), 7-25-19)

Prior to issuance of a building permit for an ADU, or occupancy of the ADU, whichever first occurs, the owner of the property shall submit an application for an ADU on a form approved by the town. The application shall include, but not be limited to, the owner(s) name, address and telephone number, the property control number, a description of all work to be completed, the name, address and relationship of the person or persons intending to occupy the ADU, along with documentation supporting same. The owner shall allow the Town to inspect the property and structures located thereon, including the ADU, to determine compliance with the town code. Once the application has been completed and approved by the town administrator, and the property inspection has occurred, the owner may file an application before the Town Council for special exception pursuant to section 58-127 of this Code. The application shall not only be evaluated pursuant to the conditions and provisions as set forth in section 58-127, but also set forth in division 11, accessory dwelling units, of chapter 58, zoning code. The owner of the property shall attest and affirm on an annual basis, along with the family member occupying the ADU, of their continued residency on the owner's property, and shall permit the town building official and/or code inspector to inspect and approve the ADU as a condition of issuance of an annual permit.

(Ord. No. 383, § 1(Exh. A), 12-10-09; Ord. No. 473, § 2(Exh. A), 7-25-19; Ord. No. 491, § 2, 7-22-21)

Notwithstanding anything contained division 11 to the contrary, applications for a special exception for an ADU shall no longer be received and processed by the Town, commencing October 1, 2021. Any application that is received by the town prior to October 1, 2021, and is deemed fully complete as determined by the town administrator, shall be presented to the town council for consideration at a public hearing. Any application deemed incomplete that is not corrected prior to October 1, 2021, shall not be processed or considered by the town. If approved by the council, the owner of the property shall have six months from the date of formal town council approval of the ADU in which to obtain a certificate of occupancy as an ADU, or the special exception approval for an ADU shall be automatically be deemed void and of no further force and effect. Any ADU that has been lawfully approved and permitted by the town prior to October 1, 2021, shall continue to be authorized as long as the provisions and requirements of division 11, which were in effect as of October 1, 2021, are complied with, and the annual inspection is conducted and permit is issued. Once an ADU, which has been lawfully permitted, no longer meets the requirements of division 11 of chapter 58, the use shall cease, the special exception terminate, and the structure used as an ADU shall have the kitchen removed pursuant to the provisions of section 58-562. For any ADU that is approved by the town council on or before October 1, 2021, but not constructed or remodeled into an ADU as of said date, the owner of the property shall have six months from the date of formal town council approval of the ADU in which to obtain a certificate of occupancy as an ADU, or the special exception approval for an ADU shall be automatically be deemed void and of no further force and effect.

Effective October 1, 2021, "accessory dwelling unit" shall be deleted from section 58-169, section 58-184, and section 58-199.

(Ord. No. 491, § 2, 7-22-21)

It shall be unlawful for any owner of property which has been granted a special exception for an ADU to ever use the ADU as a rental unit, or in a manner inconsistent with the strict requirements of this division 11. Advertising an ADU by any means or medium as a unit for rent or use in a manner inconsistent with the requirements of division 11, shall constitute prima facie evidence of a violation of the prohibition of this restriction, and shall constitute grounds for issuing a notice of code violation. If an order is issued finding a violation on such grounds, the special exception shall be immediately and automatically revoked without further notice.

(Ord. No. 491, § 2, 7-22-21)

The following regulations shall apply to all day care centers, general or limited, located in the town. All other zoning regulations not provided for by this section, in addition to any conditions imposed as part of the special exception approval process or imposed by any state or federal regulations applicable to day care centers, shall apply in accordance with the zoning district regulations in which the day care center is to be located. In the event of any conflict between these regulations and other zoning regulations, these regulations shall control.

(a)

Day care centers are only permitted as special exceptions in the R-2 and R-3 zoning districts on properties containing one-half acre or more and may not be located within 1,000 feet of an existing day care center.

(b)

Maximum lot coverage of any buildings or structures shall not exceed 35 percent. Pervious area of open space shall not be less than 40 percent. Minimum lot width shall be 100 feet. The front and rear setback shall be 40 feet and the side setback shall be 20 feet. The maximum building height shall be 30 feet and there may be no more than one story.

(c)

If required by the town council, walls, fences, and shrubbery may exceed the height limitation set forth in section 58-319.

(d)

One parking space per five persons of licensed capacity shall be provided plus one drop off stall per 20 persons of licensed capacity. Drop off stalls shall be a minimum of 12 feet wide. Bus parking shall be permitted in such a location as to cause the least interference with vehicles and pedestrians and neighboring residential properties, and the provisions of section 58-438 shall not apply.

(e)

Outdoor play/recreation/activity areas and equipment shall be provided for all day care centers and shall be located away from residential areas as much as practicable.

(f)

Extensive landscape buffering shall be provided around the perimeter of the property and especially adjacent to residential areas.

(g)

All utilities shall be underground.

(h)

No structures or improvements, nor any outdoor play equipment shall be located in any setback, landscape or easement area.

(i)

A minimum of one 12-foot tall native canopy tree shall be provided or preserved per 1,500 square feet of outdoor activity area provided.

(j)

Each applicant for special exception shall submit a survey, site plan, landscape and lighting plan, elevations, traffic study and other information or plans as may be required by the town.

(Ord. No. 374, § 1(Exh. A), 3-12-09)

The following regulations shall apply to all places of worship located in the town. All other zoning regulations not provided for by this section, in addition to any conditions imposed as part of the special exception approval process, shall apply in accordance with the zoning district regulations in which the place of worship is to be located. In the event of any conflict between these regulations and other zoning regulations, these regulations shall control.

(1)

Places of worship are only permitted as special exceptions in the R-2 and R-3 zoning districts on properties having a minimum of three acres. Places of worship must have legal access to and frontage on Belvedere Road or Haverhill Road, and shall not be permitted to have access on other roads within the town.

(2)

Maximum lot coverage of any buildings or structures shall not exceed 35 percent. Pervious area of open space shall not be less than 40 percent. Minimum lot width shall be 100 feet. The front and rear setback shall be 40 feet and the side setback shall be 20 feet. The maximum building height shall be 30 feet and there may be no more than one story.

(3)

If required by the town council as part of the special exception process, walls, fences, and shrubbery may exceed the height limitation set forth in section 58-319.

(4)

One parking space per three fixed seats or one parking space per 50 square feet of gross floor area within the main worship area

(5)

A place of worship is classified as a civic use for the purposes of Table 58-415-2, incompatibility landscape buffer standards. However, the town council may require a greater landscape buffer area as part of the conditions of special exception approval.

(6)

Temporary sales, such as rummage, bake, or seasonal sales, shall be permitted as an accessory use. Temporary sales greater than three consecutive days shall obtain a Special Permit for Temporary Retail Sales.

(7)

Each applicant for special exception shall submit a survey, site plan, landscape and lighting plan, drainage and stormwater management plan, elevations, traffic study, parking plan, utility plan and other information or plans as may be required by the town.

(Ord. No. 400, § 1(Exh. A), 9-22-11; Ord. No. 418, § 1(Exh. A), 8-23-12; Ord. No. 421, § 1(Exh. A), 4-11-13)

(a)

Any place of worship desiring to construct or establish a columbarium on its property shall first file an application with the town to do so on a town approved form, and pay the appropriate filing fee as established by the town from time to time;

(b)

Provided the place of worship is in compliance with all of the requirements of places of worship as set forth in section 58-575, including, without limitation, zoning district, road frontage, minimum acreage, setback, and lot coverage regulations, and provided the requirements of this section 58-576 are met, the town council may consider such application at a regular meeting and either grant it, deny it, or grant it with special conditions;

(c)

Each application for construction or establishment of a columbarium shall be accompanied by the following:

(1)

A survey locating all improvements on the property and a site plan showing the location of the proposed columbarium;

(2)

Written proof that the proposed columbarium will comply with all applicable state and county requirements;

(3)

Written statement from the governing body of the church or religious institution to the town administrator on how the proposed columbarium will be operated and maintained;

(4)

A financial guarantee, in such form as may be acceptable to the town, such as a bond, letter of credit, or commitment letter from the corporate head of the denomination or diocese, that the columbarium will have perpetual care and maintenance (as defined by F.S. § 497.005(11)), and that the columbarium will be relocated if the place of worship dissolves, or relocates;

(d)

Additional standards and requirements:

(1)

A columbarium and its niches shall not be visible from any point on the property line of a place of worship, except for any solid wall which forms the back side of a columbarium;

(2)

The accessory columbarium shall be utilized only be members of the place of worship or their immediate family members;

(3)

The accessory columbarium, and the general area where it is located, such as a garden or courtyard, shall not exceed ten percent of the total floor area of the principal structure (i.e., sanctuary), and shall be limited to the lesser of eight feet or the height of the eave of the principal structure of the place of worship;

(4)

Columbariums shall be located within a freestanding structure whose principal use is a place of worship, and shall be incorporated into the principal structure;

(5)

Columbariums shall be constructed pursuant to all applicable building/life/safety codes;

(6)

Access to the columbarium shall be through a door or gate which shall be locked from dusk to dawn every day;

(7)

No advertisement, of any kind is permitted on the inside or outside of a columbarium, and signage for the columbarium shall not be visible from any point on the property line;

(e)

Once a columbarium is approved and installed, a place of worship may not sell or otherwise transfer any of its real property without the consent of the town council, which consent may be expressly conditioned on the proper relocation of the columbarium, or written acceptance by a grantee of the conditions and requirements of this section, including, without limitation, providing a financial guarantee;

(f)

Approval standards. Prior to approving a columbarium, the town council shall make the following findings of fact:

(1)

Will be consistent with the comprehensive plan of the town;

(2)

Will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses;

(3)

Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare or physical activity;

(4)

Will have no detrimental effect on vehicular or pedestrian traffic;

(5)

Will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area;

(6)

Will not, in conjunction with existing development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public improvements;

(7)

Otherwise meets the definition standards set forth elsewhere in this chapter for such use;

(8)

Will provide alternative measures consistent with the intent of the additional standards to provide protection to adjacent properties and preserve neighborhood character; and

(g)

Any variation from the requirements of this section may be considered by the town council upon presentation of a petition for same and a finding that such variation is not contrary to the intent and purpose of this chapter. The town council may approve, disapprove, or approve the variation with conditions. The town may impose a fee for such variation petition by resolution from time to time.

(Ord. No. 450, § 2, 6-22-17)

The purpose of this division is to establish uniform minimum standards for the occupancy and maintenance of dwellings, as well as commercial, and institutional structures located in the Town of Haverhill. The objective of the standards of this division is to improve, preserve, and maintain the buildings and structures of the Town and to eliminate blighting influences, wherever possible. Every building or structure in the town that is subject to the provisions of this division shall conform to the requirements of this division regardless of when the building or structure may have been constructed, altered, or repaired. This division does not replace or modify standards of other codes or ordinances regulating the construction, replacement, or repair of buildings or unsafe structures, but shall operate in conjunction with the standard Florida Building Codes and all other technical codes as adopted by ordinance.

(Ord. No. 497, § 2(Exh. A), 1-28-21)

The following definitions shall apply in the interpretation and enforcement of this division:

Building. Any structure that encloses a space used for sheltering any occupancy. Each portion of a building separated from other portions by a fire wall shall be considered as a separate building.

Deterioration. The condition or appearance of a building, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, or lack of maintenance.

Dwelling. Any building which is wholly or partially used or intended to be used for living, sleeping, cooking, eating, and sanitation, providing that temporary housing as hereinafter defined shall not be regarded as a dwelling.

Garbage. The animal and/or vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food; and wastepaper, plastic, or related materials used in the packaging and preparation of foods.

Good state of repair; good repair. A structure which is safe and habitable for its ordinary and intended use, and the materials used therein, or any fixture related thereto, must be sound, stable, and performing the function for which intended.

Good condition. The item is fully and safely operable for the use for which it was intended.

Infestation. The presence of insects, rodents, vermin, or other pests within or contiguous to a structure or premises.

Nuisance. Anything that endangers life or health, gives offense to the senses, obstructs reasonable use of any property, or any act or activity prohibited by general, special, or local laws.

Occupant. Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling.

Operator. Any person who has charge, care, or control of a building or structure, or part thereof, which is subject to this Code.

Owner. Any person who alone or jointly has legal title to any building or structure, or part thereof, which is subject to this Code.

Person. Any individual, firm, corporation, association, partnership, or other legal entity.

Rubbish. All combustible and noncombustible waste materials, except garbage, including, but not limited to, non-operating toys, bicycles, motorcycles, automobiles, mechanical equipment, and machines, or parts thereof.

Structure. That which is built or constructed.

Temporary housing. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities systems on the same premises for more than 30 consecutive days.

(Ord. No. 497, § 2(Exh. A), 1-28-21)

(a)

The Town of Haverhill, through its code inspector, is hereby authorized to inspect, from time to time, all dwellings, commercial, and institutional structures that are subject to the minimum property standards of this division. When a code inspector is required to enter onto private premises to make an inspection, he/she shall do so with the consent of the owner, operator, lessee, or occupant. In the event consent to enter the premises is withheld, the code inspector may make application to the proper court for an order allowing access to the premises.

(b)

Inspection of all buildings or structures shall be made during reasonable hours. If there is a reasonable cause to believe an immediate threat exists to the health, welfare, or safety of persons in or about any building or structure, an inspection may be made at any time.

(Ord. No. 497, § 2(Exh. A), 1-28-21)

The Town of Haverhill code enforcement special magistrate, pursuant to its authority under chapter 2 of the Town of Haverhill Code of Ordinances, and under F.S. ch. 162, shall have jurisdiction to hear and decide cases in which violations of this Code are alleged; provided, however, that alternatively, the town may utilize the citation method of code enforcement or any other lawful means available, at its discretion. In addition to the code enforcement procedure as set forth in article V of chapter 2, Code of Ordinances, the town council may institute in any court, or before any administrative board or special master of competent jurisdiction, action to prevent, restrain, correct or abate any violation of this article or of any order or regulation made in connection with its administration or enforcement, and the court, administrative board or special master shall adjudge to the town such relief by way of injunction or any other remedy allowed by law or otherwise, to include mandatory injunction, as may be proper under all the facts and circumstances of the case in order to fully effectuate the regulations adopted in orders and rulings made pursuant thereto.

(a)

The owner and/or operator and/or occupant of real property within the town shall maintain all structures and landscaping in such a manner to conform with all town codes and ordinances in order to avoid blighting influences on neighboring properties and to avoid the creation of hazards to public health, safety, and welfare. All real property, including all structures and landscaping, shall be maintained in accordance with the following standards:

(1)

The exterior of all structures, including, but not limited to, all roofs, fences, walls, screens, mailboxes, and similar enclosures, shall be maintained in good condition and free of evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks. All roofs shall be maintained in a secure and watertight condition. All awnings or canopies facing or visible from the public rights-of-way shall be maintained in good condition. Torn and loose awnings shall be promptly repaired or replaced. All screened enclosures shall be properly fitted and maintained in a good state of repair. Accessory structures, including sheds, shall be structurally sound and maintained in good repair. All sheds shall be secured pursuant to the manufacturer's requirements. All other surfaces shall be maintained free of broken glass, crumbling stone, brick, or stucco, or other conditions reflective of deterioration or inadequate maintenance. All fences supplied or erected on any property shall consist of metal, wood, masonry or other decay resistant material. Fences shall be maintained in good condition, secure, upright and perpendicular to the ground, and in the manner in which they were properly constructed. Rotten fence posts shall be repaired or replaced as necessary. Materials, other than decay resistant varieties, shall be protected against decay and/or mildew by use of paint, stain, or other wood or surface preservatives.

(2)

All surfaces requiring paint or which are otherwise protected from the elements shall be kept painted or protected and shall be free of peeling paint and/or mildew. All surfaces shall be maintained free of graffiti and void of any evidence of deterioration. In addition, all exterior surfaces should be cleaned on a regular basis so as to prevent and remove mildew formation. All required painting shall be completed within a reasonable period of time.

(3)

All off-street parking shall be on asphalt, concrete, block, pavers or other material approved by the town engineer or designee, taking into consideration the nature and architecture of the surrounding properties and size of the lot, and shall be maintained in good repair and shall be free from ruts, potholes, loose aggregate, and/or deterioration in compliance with the town codes.

(4)

All real property shall be kept free from weeds, rubbish, trash, and/or other refuse, and all landscaping shall be maintained in good condition consistent with the requirements of section the landscape code (division 6, article IX, chapter 58). Provided, however, that the irrigation requirements of section 58-417(d) shall not be interpreted to require existing residential properties to install irrigation if such installation was not required at the time the property was developed.

(5)

All real property where exposed to public view shall be kept free of outdoor storage, including, but not limited to, debris and accumulations of property, materials, and equipment. Outdoor storage where not exposed to public view shall be confined to the required rear or side yard setback between a building and an adjacent street or building and shall be maintained in a clean, neat, and presentable manner; provided, however, that such outdoor storage shall not become a hazard or projectile in the event of a tropical storm event and shall comply with section 18-61 of the town code.

(6)

All real property shall be maintained so as to prevent the accumulation of stagnant water thereon.

(7)

All real property shall be maintained free of hazards, including, but not limited to, the following:

a.

Dead and dying trees, limbs, and/or vegetation.

b.

Loose and overhanging objects, including, but not limited to, loose and overhanging landscaping within a public right-of-way, public street, or sidewalk, which, by reason of location above ground level, constitute a danger of falling on persons or property in the vicinity thereof and/or impede the movement of motor vehicles and/or pedestrians.

c.

Holes, excavations, breaks, projections, or obstructions.

d.

Excretions of pets and/or other animals on paths, walks, driveways, parking lots, and parking areas, and/or other parts of the real property which are accessible to or used by persons on the real property.

e.

Inadequate runoff drains for stormwater.

f.

Sources of infestation of rodents, vermin, and/or other pests.

g.

Tree stumps. All tree stumps shall be either ground down or removed, and the natural grade of the land shall be restored and maintained.

(b)

All real property shall be kept in a clean and sanitary condition and in a good state of repair, including all equipment, sanitary facilities, courts, courtyards, driveways, landscaping, lawns, and shrubbery. The owner and/or operator and/or occupant shall prevent the infestation of rodents, vermin, and other pests within the structure and on the real property he/she occupies or controls. Septic systems, including the tank and drainfield, and wells, shall be designed, installed and maintained at all times consistent with standards promulgated by the Florida Department of Environmental Protection and the Palm Beach County Health Department. In the event any member of the town staff suspects that a septic and/or well system is not functioning properly, the town is authorized to require the property owner to obtain an inspection and report from an authorized private provider in accordance with Chapter 2022-105, Sec. 381.0065, Fla. Stat., and by the Florida Administrative Code. Any problems, issues or violations of a septic and/or well system found by the Private Provider must be remedied by the property owner within thirty (30) days, unless extended by the town administrator for good cause. All rental dwelling units subject to a license and business tax receipt pursuant to section 16-6, town code, shall have the septic and/or well system inspected, and the town may require for a follow-up inspection by a private provider if any concerns with the system(s) are noted as part of the rental inspection.

(c)

The owner and/or occupant shall prevent animals or pets from creating an unsanitary condition or a nuisance on any real property in the owner's, and/or occupant's control.

(d)

All repairs and installations shall be made so as to comply with the provisions of the Florida Building Code and all other applicable regulations, laws, and/or codes. All work shall proceed in a timely fashion and shall be done in a workmanlike manner. The owner and/or operator shall apply for and obtain a building permit from the town prior to any repairs and installations being made.

(Ord. No. 497, § 2(Exh. A), 1-28-21; Ord. No. 521, § 2(Exh. A), 12-14-23)

(a)

No person owning, leasing, operating, or having control of any vacant property within the town shall maintain, keep, or permit any nuisance as described in this section.

(b)

The existence of any of the following conditions or conduct on vacant property is hereby declared to constitute a public nuisance:

(1)

Accumulation of dry vegetation, weeds, grass, uncultivated vegetation, and invasive exotics as defined in town code, as may be amended or replaced:

a.

Which results in a condition that may threaten the health, safety or economic welfare of abutting or adjacent property owners or occupants, or

b.

Which presents a visual blight upon neighborhoods, or

c.

Which may harbor insect or rodent infestation that creates an unsafe or unsanitary condition on the property, or

d.

Which may likely become a public safety hazard including but not limited to, fire and flood hazard, or

e.

Which overhangs or grows across property lines.

(2)

Motor vehicles or boats parked or abandoned on vacant lots.

(3)

Accumulation of abandoned or broken equipment, discarded furniture, household appliances, trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticultural debris, salvage materials and machinery.

(4)

Inhabitation on vacant property.

(5)

A condition or use that causes a substantial diminution of value of property in the vicinity of the condition or use, except uses in conjunction with an active building permit.

(Ord. No. 497, § 2(Exh. A), 1-28-21)

The keeping, storing, or parking of an inoperative vehicle on any public property, including public streets and rights-of-way, is hereby declared to be a nuisance. It shall be unlawful for any person to allow any inoperative vehicle to remain on public property. The notice and removal procedures set forth in F.S. §§ 705.105 through 705.104 may be used by town and law enforcement personnel. If a vehicle becomes disabled while on public property or rights-of-way within the town, it shall be removed within 24 hours.

(Ord. No. 497, § 2(Exh. A), 1-28-21)

All residential, commercial, or institutional structures utilizing addresses within the town shall post address characters in compliance with this section as follows:

(a)

Size and type. All address characters shall be Arabic numerals, except that English letters may be used to identify individual units all possessing the same numeric address, where applicable. All characters on single-family homes, duplexes and "mother-in-law suites" shall be no less than three inches in height and one inch in width. All characters on buildings other than single-family homes and duplexes shall be no less than six inches in height and one inch in width.

(b)

Location, buildings containing more than one address. All addresses shall be posted on that portion of the structure fronting or facing upon the street or principal vehicular access to the premises, so as to be readily visible to approaching vehicles. Owners or tenants of all houses and buildings using a service alley shall also post a number on the side of the buildings adjacent to and facing such alley. If the house or building is obstructed by a fence, then the number shall be posted on the fence. The placement of numbers on buildings or fences, as the case may be, shall be subject to the direction or approval of the town's public services department. Buildings which contain more than one residential, commercial, industrial, or institutional address shall post a separate address meeting the requirements of this section at the exterior entrance to each individual address or common exterior entrance to several addresses therein, and the unit number shall also be posted on the exterior door of each unit served by such a common exterior entrance. If any property has a mailbox on the street, numbers shall also be placed on the mailbox.

(c)

Monument signs. All monument signs for multiple residential, commercial, industrial, or institutional developments shall post the address range for the development. The posted address range shall meet the requirements of this section.

(d)

Color of characters. All address characters shall be of a color in direct contrast to and clearly distinguishable from the background to which the characters are affixed.

(e)

Addresses to be clearly visible from the street. Each address upon the exterior of any building shall be clearly visible from the street or other principal means of vehicular access. Landscaping shall not be permitted to cover or conceal addresses. Nighttime lighting shall be located so as to maximize visibility of addresses.

Notwithstanding the foregoing, if the entire structure is concealed by vegetation, the address characters must be placed on the mailbox near the roadway. In the absence of a mailbox near the roadway, a monument sign must be utilized near the roadway to display the address.

(f)

Correctness. It is the responsibility of the property owner of any structure or building subject to the requirements of this section to post the correct address on the property.

(g)

Responsibility for maintenance. The owner of any structure or building subject to the requirements of this section shall maintain, repair or replace all addresses when necessary to comply with the requirements of this section.

(Ord. No. 518, § 2(Exh. A), 9-28-23)