This chapter shall be known as the "Zoning Code of the Town of Highland Beach, Florida."

(Ord. No. 684, Art. I, § 1, 7-25-00)

The purpose and intent of this chapter is to provide for and protect the health, safety and welfare of the citizens, residents, and property owners of the Town of Highland Beach; to implement the town's comprehensive plan through the adoption of development standards, regulations, and criteria; and to exercise the planning and zoning authority granted to the town by F.S. ch. 163. The purpose and intent of this document is to achieve the benefits listed below:

(a)

Comprehensive plan. Guide and encourage the orderly and beneficial development of future growth and development of the town consistent with the comprehensive plan.

(b)

Public safety. Provide for adequate light, air, and privacy; provide safety from fire, flood, and other dangers; and prevent the overcrowding of land.

(c)

Aesthetics. Protect and enhance the aesthetics and character of all parts of the town.

(d)

Value and land uses. Protect and conserve the value of land, buildings, and improvements, and minimize conflicts among uses of land and building.

(e)

Zoning districts. Divide the town into zoning districts, and regulate construction, reconstruction, alteration, relocation, and use of buildings, structures, and land within such districts.

(f)

Property development regulations. Establish property development regulations, including setbacks, height limits, finished floor elevations, lot coverage, lot area, lot width, and residential density.

(g)

Open space. Provide for open spaces, recreation, and protection of environmentally sensitive lands.

(h)

Vehicular and pedestrian traffic. Avoid traffic congestion on public and private streets, and eliminate conflicts between pedestrian and vehicular traffic.

(Ord. No. 684, Art. I, § 2, 7-25-00)

This zoning code is adopted pursuant to the authority granted to the town by article VIII, section 1(f), Florida Constitution; by the "Florida Local Government Comprehensive Planning and Land Development Regulation Act", as amended (F.S. § 163.2511 et seq.); Rule 9J-5 and Rule 9J-24, Florida Administrative Code; and such other authority as may be granted to the town by the statutory or common law of the State of Florida.

(Ord. No. 684, Art. I, § 3, 7-25-00)

Adoption of the zoning code will implement and be in furtherance of the town's comprehensive plan.

(Ord. No. 684, Art. I, § 4, 7-25-00)

Within the Town of Highland Beach, buildings, structures, or lands shall not be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which such buildings or uses are located.

(Ord. No. 684, Art. I, § 5, 7-25-00)

The town is hereby divided into zoning districts, as shown on the official zoning map.

(Ord. No. 684, Art. I, § 6, 7-25-00)

(a)

Official zoning map. The official zoning map shall be adopted, and amended as necessary, by the town commission. The map shall be signed by the mayor, whose signature shall be attested by the town clerk. The map shall bear the official seal of the Town of Highland Beach. The official zoning map of the Town of Highland Beach, last adopted or amended by Ordinance No. 2022-002 on January 18, 2022, is hereby adopted by reference and without change, and is made a part of this chapter.

(b)

Replacement of official zoning map:

(1)

Map damaged or lost. In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the town commission may by ordinance adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map. The replacement map shall be signed and attested as indicated herein.

(2)

Preservation of map and records. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

(c)

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the standards listed below shall apply:

(1)

Boundaries. Boundaries indicated as approximately following the centerlines of streets or highways shall be construed to follow such centerlines.

(2)

Platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Town limits. Boundaries indicated as approximately following town limits shall be construed as following such town limits.

(4)

Shorelines. Boundaries indicated as following shorelines shall be construed to follow such shorelines.

a.

In the event of change in the shoreline, the boundary shall be construed as moving with the actual shoreline.

b.

If the shoreline change would change the zoning status of a lot or parcel, the boundary shall be interpreted so as to avoid changing the zoning status of any lot or parcel.

(5)

Bodies of water. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines and to be at the limit of the jurisdiction of the town, unless otherwise indicated.

(6)

Extensions. Boundaries indicated as parallel to or extensions of features indicated in this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the legal description of the property.

(7)

Interpretations. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by this section, the board of adjustment and appeals shall interpret the district boundaries.

(8)

Divided lots. If a zoning district boundary line divides a lot which was in single ownership at the time of adoption of the zoning district, the town commission may permit the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot. The extension of regulations shall be reviewed as a special exception, as provided in this chapter.

(Ord. No. 684, Art. I, § 7, 7-25-00; Ord. No. 2023-007 meeting, § 2, 12-19-23)

The town commission shall establish a schedule of fees for development order applications, building and related permits, charges, expenses, and other matters pertaining to the administration of this chapter. The schedule of fees shall be available in the Town Hall. The schedule of fees may be amended only by the town commission. Until all applicable fees, charges, and expenses have been paid in full, the town shall take no action regarding any development order application, building permit, or appeal. Fees collected are not refundable, unless authorized by the town manager.

(Ord. No. 684, Art. I, § 8, 7-25-00)

(a)

Annexations. In accordance with F.S. ch. 171, all territory annexed to the town shall retain the future land use plan and zoning designations applied by Palm Beach County at the time of annexation. The Town of Highland Beach shall adopt future land use plan and zoning designations for areas annexed consistent with the requirements of F.S. ch. 163.

(b)

Construction of words For the purposes of this chapter, the following words shall be constructed as indicated below.

(1)

Person. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

(2)

Shall and may. The word "shall" is mandatory, the word "may" is permissive.

(3)

Structure. The word "structure" includes the word building as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

(4)

Tense and number. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(5)

Minimum requirements. The provisions of this chapter are the minimum requirements applicable to land, structures, and uses within the Town of Highland Beach. This chapter is adopted for promotion of the public health, safety, and general welfare. Wherever the requirements of this chapter conflict with the requirements of any other lawfully adopted requirement, rule, regulation, or ordinance, excluding the comprehensive plan, the provisions of this chapter shall apply.

(Ord. No. 684, Art. I, § 9, 7-25-00)

Notwithstanding any other provision of this Code, the town commission shall have sole and exclusive jurisdiction to enter into settlement agreements to end pending litigation arising out of the interpretation or application of chapter 30. The town commission jurisdiction shall apply as indicated below. Settlement of litigation shall be consistent with the criteria listed below:

(a)

Public interest. The town commission determines that the proposed settlement agreement is in the public interest and in the best interest of the residents and citizens of the town.

(b)

Consistency with comprehensive plan. The proposed use of the property which is the subject of the settlement agreement is determined by the town commission to be:

(1)

Consistent with the land use element of the comprehensive plan for the town; or

(2)

Consistent with any comprehensive plan amendment contained within a settlement agreement, and that adequate provision to amend the plan is included within the agreement to ensure the proposed property use is consistent with the plan; or

(3)

The plan shall be amended to be in conformance with the settlement agreement as a part of the town's normal comprehensive plan amendment process as provided in F.S. ch. 163, pt. II (F.S. 163.2511 et seq.).; or

(4)

Unless a court of competent jurisdiction or the town commission determines that the land owner has vested rights which take priority over the existing comprehensive plan.

(c)

Public hearing. Prior to any approval of the proposed settlement agreement a public hearing shall be held by the town commission. The title of the resolution approving the settlement agreement and indicating the property's location shall be duly advertised once in a newspaper of general circulation together with notice of the public hearing before adoption by the town commission.

(d)

Settlement agreement. The proposed settlement agreement shall include either explicitly or in plans, specifications, or guidelines attached thereto, the nature of the proposed project and the specific differences between the settlement plan and any existing town developmental standards that are to be affected by such settlement agreements and plan. Failure to list all such differences shall not invalidate the action taken by the town commission.

(e)

Affected persons. Any person substantially affected by the settlement agreement approved by the town commission may seek review thereof in the circuit court by the filing of notice of appeal or petition for writ of certiorari within the time limits as prescribed by the Florida Rules of Appellate Procedure for the review of the rulings of any commission, board or other administrative agency. Judicial review shall not commence until exhaustion of the administrative remedy of objecting on the record before the town commission at the public hearing noted above.

(f)

Effect of approved of settlement agreement:

(1)

Upon approval of the proposed settlement agreement by the town commission and approval by a court having jurisdiction over the controversy if the action is still pending, the plan or plans contained within the agreement shall have been deemed to have received all requisite town approvals.

(2)

The plans shall be deemed to be in compliance with the requirements of this chapter. The plans are subject solely to review and recommendations by the planning board, unless otherwise provided for in the settlement agreement.

(3)

Requests for building permits that are in compliance with the approved plan shall be granted in a timely manner.

(Ord. No. 684, Art. I, § 10, 7-25-00)

Any party may appear in person and speak at any public hearing held by the town pursuant to the provisions of this chapter, or be represented by a duly authorized agent or attorney.

(Ord. No. 684, Art. I, § 11, 7-25-00)

In order to more thoroughly review site plans, landscape plans, architectural plans and elevations, traffic impact studies, shared parking studies, drainage plans, paving and grading plans, surveys, building and structural plans, or any similar professional document submitted as part of an application for development approval, the town manager may authorize the use of one or more outside experts to review such studies or documents.

(a)

Selection of outside experts. Outside experts shall be selected in accordance with applicable state law and town policy.

(b)

Payment. An applicant for development approval shall provide an agreement, in a form acceptable to the town manager and town attorney, to guarantee payment of all reasonable expenses incurred by experts employed by the town. The agreement shall include payment or surety in an agreed-upon amount to meet such reasonable expenses.

(Ord. No. 684, Art. I, § 12, 7-25-00)