The regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(1976 Code, Ch. 12, Div. 5, Art. XIII, § 1)

The height limitations of this article shall not apply to:

(A)

Master radio or television antennae;

(B)

Chimneys;

(C)

Flag poles; or

(D)

Elevator components.

(1976 Code, Ch. 12, Div. 5, Art. XIII, § 2; Ord. 2022-03, § 2, passed 2-1-2022)

(A)

Accepted projections. Every part of a required yard shall be open to the sky except for the ordinary projections of sills, belt courses, cornices and ornamental features; and these projections shall not exceed 6 inches. Chimneys and unenclosed balconies may have a projection not to exceed 4 feet into the front and side yards. Balconies may have roofs but shall not be screened or enclosed.

(B)

Balcony enclosures.

(1)

All balcony enclosures, including, but not limited to, glass, sliding doors or other such enclosures are prohibited on all balconies above the first floor, if the balconies project beyond the face of the building. Uniform screening for all balconies in multi-family buildings shall not be considered an enclosure.

(2)

Installation of any hurricane shutters or storm paneling shall require a building permit from the Town of Hillsboro Beach. At no time shall any balcony be permitted to be enclosed to create a permanent or semi-permanent room.

(C)

Drainage. No drainage as defined in this chapter may be discharged into the Atlantic Ocean.

(D)

Open staircases and walkways. Open unenclosed staircases and walkways may extend into a side yard but not within the minimum eight (8) foot wide side yard landscaped buffer, and only under the following conditions:

(1)

No walkway, staircase or stairway, shall be wider than forty-two (42) inches in the RS-2 zoning district;

(2)

Landings for stairwells and connections for walkways or stairways leading to the adjacent building or other structure shall have maximum dimensions of forty-two (42) inches by forty-two (42) inches;

(3)

Staircases and walkways connecting to front yard or rear yard facing entryways shall not extend into the minimum required side yard;

(4)

This section shall not be interpreted to include or permit canopies over any part of the structures mentioned herein which extend into the minimum required side yard.

(E)

Sewage disposal system.

(1)

In addition to any yard requirements for single-family residential dwellings, there shall always be sufficient ground left unoccupied for the construction and maintenance of a system of sewage disposal.

(2)

This disposal system with its necessary drain field shall not be placed and constructed within the side or rear yards.

(1976 Code, Ch. 12, Div. 5, Art. XIII, § 3) (Ord. 222-07, passed 1-9-2003; Am. Ord. 261, passed 5-1-2012; Am. Ord. 2022-11, § 7, passed 12-6-2022)

(A)

Fences and walls.

(1)

In general.

(a)

Fences or walls constructed of processed materials and not exceeding 6 feet in height measured from either the adjoining property or the original topography of the property, without berming, whichever is more restrictive, with the exception of tennis court fences, may be erected within or along the boundaries of a lot or yard area, providing, however, that no fence or wall shall be erected on ocean side of State Highway A1A east of the easterly building line shown on the district map as elsewhere defined, nor any closer than 10 feet to the edge of the pavement of State Road A1A.

(b)

Fences erected parallel to State Road A1A in the front of a property shall be permitted to be installed level between the north and south boundary lines with the height measured from the highest point of the property along the front property line (as defined above). Gates and gate posts shall be no closer than 40 feet to the edge of the pavement of State Highway A1A. Gates and gate posts within the RS-2 zoning district are permitted to be a minimum of twenty-five (25) feet to the edge of pavement of the state highway provided the total distance of a driveway leading to such gates is a minimum of forty (40) feet in length (including any curvilinear distance). All call boxes and/or gate-opening devices on the street entrance side of such gates shall be located with sufficient distance to permit two vehicles to queue within the driveway.

(c)

Fence posts shall not exceed 7 feet in height and shall be not less than 20 feet apart, except as provided in subsection (A)(2) below, with lights and decorative features not exceeding 8 feet in height. These requirements shall be minimum standards subject to the approval of the Town Commission. All permits for fences and walls adjacent and parallel to State Road A1A shall be reviewed by and subject to the approval of the Town Commission prior to the issuance of a permit if not previously approved during site plan review.

(2)

Fence post separation exemptions. The 20-foot minimum separation for fence posts required by subsection (A)(1) above shall not apply in the following instances:

(a)

Entryway posts where entry gate columns can be a maximum height of 9 feet with lights and decorative features not exceeding 10 feet in height; and

(b)

Posts for chain-link or other similar type fences where the posts are the primary means of support for the fence.

(3)

Retaining walls:

(a)

Height. When a wall positioned between lots functions as a retaining wall, that wall shall not exceed the following height limitations:

1.

The height of a retaining wall parallel to the side yard property line shall not exceed a height of 6 feet;

2.

A minimum of 3 feet of the maximum 6-foot retaining wall shall be dedicated as a header to allow for drainage and the prevention of water from sheeting over onto the abutting neighboring property while also acting as a fall protection measure. As it relates to retaining walls, a header shall be defined as the top portion of the wall which extends above the existing or proposed infill of grade.

(b)

Measurement. All retaining wall heights shall be measured from the abutting property's grade opposite such point of measurement. This will be calculated by measuring elevation points on the abutting property's side property line adjacent to the proposed retaining wall every 25 feet and or at grade change.

(c)

Drainage. Drainage shall be provided in the form of yard drainage, French drains or exfiltration systems to allow for the retention of on-site stormwater.

(d)

Grading. Where a development proposal includes provisions for deposit of fill, the grade resulting from such deposit shall not exceed a slope of four to horizontal to one vertical.

(4)

Athletic play area fences. On any portion of land on which any athletic play area or court exists or is hereafter constructed, a chain link fence with wind screen may be erected and exist in connection with the athletic play area or court. No such fence shall exceed 10 feet in height above the ground, shall extend into the minimum required side yard in the RS-2 zoning district, and shall be no closer to the easterly right-of-way line of the intracoastal waterway than 15 feet or closer to the centerline of State Road A1A than 45 feet, all such distances measured perpendicularly to the lot line or right-of-way line, respectively. In all cases in which athletic play area fences exist or are erected, the area must be screened for privacy on all sides visible from adjacent properties and rights-of-way as follows:

(a)

Trees and/or large shrubs or hedges no less than fourteen (14) to sixteen (16) feet in height at time of planting. Palm trees shall be a minimum of eighteen (18) feet in height at the time of planting.

(b)

Hedges and/or other natural products no less than four (4) feet in height at the time of planting.

(c)

Trees, including palm trees, and/or shrubs or hedges of an intermediate height between four (4) feet and fourteen (14) feet.

(B)

Driveway location. No driveway shall be within the minimum eight (8) foot wide side yard landscaped buffer, or within 8 feet of the intersection of a side lot line and State Highway A1A, or street giving access to the lot.

(C)

Temporary construction and sales office.

(1)

Temporary buildings or trailers which are used in conjunction with construction work or sales promotion may be permitted in any district during the period that the construction work is in progress. The temporary buildings or trailers shall not be used as living quarters, and shall be removed upon the completion of the construction work and prior to an issuance of the certificate of occupancy.

(2)

In the use of trailers as construction offices, it shall be 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 Department prior to the use of the trailer.

(D)

Docks and piers. No docks and piers shall be permitted along the Atlantic Ocean. Docks, boat davits and piers may be constructed along the Intracoastal Waterway, provided that no part of the pier or dock shall be higher than the top of the adjoining seawall or the established grade of the seawall if none exists. Mooring piles and boat davits may exceed this height.

(E)

Ocean front impediments. No structure, including, but not limited to, groins, seawalls, jetties, breakwaters, docks, piers, bulkheads, shall be built out into the ocean from any lot in the Town of Hillsboro Beach unless the construction has been approved by the Town of Hillsboro Beach in accordance with an overall plan.

(F)

Floating residences. No boat, house boat or floating home shall be maintained or used as a place of residence within the town limits of the Town of Hillsboro Beach, or waters adjacent thereto.

(1976 Code, Ch. 12, Div. 5, Art. XIII, § 4) (Ord. 171, § 1, passed 1-12-1993, Ord. 175, § 1, passed 5-4-1993; Am. Ord. 207, passed 5-6-2003; Am. Ord. 215, passed 2-3-2004; Am. Ord. 261, passed 5-1-2012; Am. Ord. 2019-09, § 2, passed 11-5-2019; Am. Ord. 2022-11, § 8, passed 12-6-2022; Am. Ord. 2023-01, § 3, passed 3-7-2023)

(A)

Location.

(1)

Swimming pools (including, but not limited to jacuzzis, spas, hot tubs and the like) shall be permitted in all districts. They shall be constructed no closer than 15 feet to any side property line, or 45 feet to the center line of State Highway A1A.

(2)

They shall not extend east of the easterly building line or closer than 15 feet to the easterly right-of-way line of the Intracoastal Waterway, or 15 feet east of any seawall erected east of this line.

(3)

All measurements are to be made horizontally from the water's edge of the swimming pool to the specific reference point listed above.

(B)

Fuel storage. Fuel for pool heaters, heating systems and generators may be stored either above the ground or underground. Fuel storage units installed above the ground shall be subject to the setback requirements otherwise set forth in the town's Code of Ordinances.

(C)

Pool inspection. No pools shall be filled with water prior to approval, unless required by the building department for testing purposes. Pools shall be inspected, approved and filled prior to issuance of certificate of occupancy.

(D)

Patios. Flat and open patios with no footings may extend 15 feet east of the easterly building line and to the easterly right-of-way line of the Intracoastal Waterway.

(E)

All swimming pools, jacuzzis, hot tubs, spas and fountains shall be maintained in such a manner that the operating equipment, such as pumps and filters shall be fully operational at all times.

(F)

All swimming pools, jacuzzis, hot tubs, spas and fountains shall be properly maintained and not allow for the accumulation of vegetative matter and/or debris. All swimming pools shall be maintained to provide for clarity of the water such that the bottom of the pool at the deepest point is clearly visible from the edge of the pool.

(1976 Code, Ch. 12, Div. 5, Art. XIII, § 5) (Ord. 192, § 1, passed 7-7-1998; Am. Ord. 237, passed 11-2-2007; Am. Ord. 261, passed 5-1-2012; Ord. 2018-05, § 2, passed 11-13-2018)

(A)

Beach steps. Beach steps are the means of access from the level of any property to the beach. They shall have protective rails on both sides and shall not be constructed closer than 15 feet to any north or south lot line.

(B)

Beach platforms and walkovers.

(1)

For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.

Coastal construction line or coastal line. That line which is the more landward of the 2 following:

1.

The line parallel to and 50 feet landward of the erosion control line established pursuant to the provisions of F.S. § 161.54, as it may exist from time to time; or

2.

The line parallel to and 50 feet landward of mean high water.

D.N.R. regulations. When used herein, the D.N.R. regulations shall mean those rules and regulations promulgated or enforced by the Department of Natural Resources of the State of Florida pursuant to F.S. Ch. 161 (Laws 1961, Chapter 61-246, as amended).

(2)

No excavation or construction shall be conducted waterward of the coastal construction line except such as comply with the following requirements:

(a)

No person, firm or corporation shall conduct the excavation or construction within such area without and except pursuant to a valid permit from the Town of Hillsboro Beach;

(b)

No permit shall be issued by the Town of Hillsboro Beach for excavation or construction within that area until the Department of Natural Resources of the State of Florida has issued and the Town of Hillsboro Beach has in its files a copy of a written permit to perform the excavation or construction;

(c)

Within 5 days of receipt thereof, the Building Department of the Town of Hillsboro beach shall notify the Department of Natural Resources of the State of Florida of any application for a permit to conduct any excavation or construction within such area received by the town and shall inform the applicant of the requirement for state permits; and

(d)

All construction shall comply with the following limitations and specifications:

1.

The bottom surface of the lowest horizontal beam or member shall be no higher than 3 feet above the top of the natural sand dune or the minimum level for such bottom surface of the lowest horizontal beam or member permitted by D.N.R. regulations, whichever is lower;

2.

The finished upper surface of the floor area shall be no more than 12 inches higher than the level allowed for the bottom surface by subsection (B)(2)(d)1. above;

3.

The upper surface of the railing for the structure shall be no higher than 42 inches, or the minimum height permitted by the Florida Building Code, whichever is lower, above the finished upper surface of the floor area as allowed by subsection (B)(2)(d)2. above. The balusters for the railing shall be the minimum width and at maximum spacing permitted by the Florida Building Code;

4.

No portion of such structure shall have a horizontal surface which exceeds 150 square feet. Walkways not exceeding 4 feet in width for single-family and 5 feet in width for other districts, constructed at ground level, and at a minimum length to provide access past the natural dune vegetation, and accessory steps necessary for safe access to the beach, are not included in the 150 square feet total;

5.

No posts, lights or other structures may extend to a height above that allowed for the upper surface of the railing by subsection (B)(2)(d)3. above;

6.

The percentage of the vertical profile of the structure shall be the minimum possible when compliance with this section, the South Florida Building Code and D.N.R. regulations are collectively met;

7.

No structure to which this section applies shall be constructed closer than 15 feet to any north or south lot line; and

8.

Any lights on the structure shall be directed downward and inward from the railing and screened to minimize projection of the light outward from the structure.

(3)

Issuance of a permit to construct a structure governed by this section does not relieve the applicant of the responsibility to comply with all applicable federal, state, county, town or other agency laws, ordinances, regulations or rules; nor is the applicant relieved of the responsibility to obtain any other licenses or permits which may be required by federal, state, county or town law.

(4)

This section shall apply to all new excavations and new construction waterward of the coastal construction line after the date hereof and to all such structures to which any change in the supporting members, columns, beams, girders or substantial change or replacement of floor area or railings take place subsequent to the effective date hereof.

(C)

Posted property addresses.

(1)

All properties shall have street address numbers posted on the eastern-most entry point of all beach access steps so as to be clearly visible from the beach. Address identification characters shall be of reflective material, contrast with their background and shall be Arabic numbers. Each character shall be not less than 6 inches in height with a stroke width of not less than 0.5 inch.

(a)

Should a property not have beach access steps, an alternate location is permitted to post street address numbers, including on an existing wall or post at the property's eastern-most beach access point, or on a post placed specifically for this purpose, provided it complies with all necessary Town and State regulations.

(2)

All properties shall have street address numbers clearly visible from the Intracoastal Waterway, to be posted on a dock, pier, or other structure adjacent to the waterway. Address identification characters shall be of reflective material, contrast with their background and shall be Arabic numbers. Each character shall be not less than 6 inches in height with a stroke width of not less than 0.5 inch.

(a)

Should a property not have a dock, pier, or other structure adjacent to the waterway, address numbers may be placed on a post placed specifically for this purpose.

(1976 Code, Ch. 12, Div. 5, Art. XIII, § 6) (Am. Ord. 211, passed 6-3-2003; Am. Ord. 261, passed 5-1-2012; Ord. No. 2024-10, § 2, passed 2-4-2025)

All that plot area which is not used for building coverage, required outdoor parking, or fully furnished recreation area, shall be added to the "green" area. A complete landscape plan must be presented before a building permit will be issued. The landscape plan shall be consistent with "Florida Friendly Landscape" as required by §§ 12-390 through 12-405 and certified consistent with these sections by the landscape architect. This plan must designate the common names and sizes of all plant materials to be used and must include some deep rooting and tall growing trees and a reasonable percentage of plant material indigenous to the Town of Hillsboro Beach, such as but not limited to a list of plant materials which shall be obtained from the Town Clerk.

(1976 Code, Ch. 12, Div. 5, Art. XIII, § 7) (Am. Ord. 261, passed 5-1-2012)

(A)

Intent. The provisions contained herein are intended to promote the health, safety, and general welfare of the citizens by removing barriers to the installation of alternative energy systems and encourage the installation of rooftop photovoltaic solar systems [pursuant to the U.S. Department of Energy Rooftop Solar Challenge Agreement Number DE-EE0005701 ("Go SOLAR-Broward Rooftop Solar Challenge") on buildings and structures within municipal limits. The provisions and exceptions contained herein are limited to web based applications for pre-approved rooftop photovoltaic solar system installations that utilize the Go SOLAR-Broward Rooftop Solar Challenge permitting process.]

(B)

Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Roof line. The top edge of the roof which forms the top line of the building silhouette or, for flat roofs with or without a parapet, the top of the roof.

Rooftop photovoltaic solar system. A system which uses 1 or more photovoltaic panels installed on the surface of a roof, parallel to a sloped roof or surface- or rack-mounted on a flat roof, to convert sunlight into electricity.

(C)

Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed permitted accessory equipment to [residential and commercial] conforming and nonconforming buildings and structures in all zoning categories. Nothing contained in this chapter, including design standards or guidelines included or referenced herein, shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to conforming and nonconforming buildings, including buildings containing nonconforming uses.

(D)

Height. In order to be deemed permitted accessory equipment, the height of rooftop photovoltaic solar systems shall not exceed the roof line, as defined herein. For flat roofs with or without a parapet, in order to be deemed accessory equipment. the rooftop photovoltaic solar system shall not be greater than 5 feet above the roof.

(E)

Permits. Prior to the issuance of a permit, the property owner(s) must acknowledge, as part of the permit application, that:

(1)

If the property is located in a homeowners' association, condominium association, or otherwise subject to restrictive covenants, the property may be subject to additional regulations or requirements despite the issuance of a permit by the town; and

(2)

The issuing of said permit for a rooftop photovoltaic solar system does not create in the property owner(s), its, his, her, or their successors and assigns in title, or create in the property itself a right to remain free of shadows and/or obstructions to solar energy caused by development adjoining on other property or the growth of any trees or vegetation on other property or the right to prohibit the development on or growth of any trees or vegetation on another property.

(F)

Tree maintenance and removal. To the extent that the town has discretion regarding the removal or relocation of trees, solar access shall be a factor taken into consideration when determining whether and where trees may be removed or relocated.

(G)

Maintenance. The rooftop photovoltaic solar system shall be properly maintained and be kept free from hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety, or general welfare.

(Ord. 262, passed 9-11-2012)

(A)

Purpose.

(1)

It is the purpose of this section to prevent flooding in the town caused by rising sea levels and the periodic King Tide effect that results in portions of State Road A-1-A becoming impassable and closed to vehicular traffic resulting in a risk to the health, safety and welfare of the residents of Hillsboro Beach. In order to protect the health, safety, and welfare of the citizens of the town and to prevent the adverse impacts on the State Road A-1-A caused by tidal waters from the Intracoastal Waterway, this section is intended to require improvements to one's real property to impede tidal waters flowing on to private and public property and causing damage to adjacent properties.

(2)

The purpose of this section is to provide a standard for flood mitigation infrastructure that serves as a barrier to tidal flooding, not seepage, by accounting for water levels predicted under combined conditions of sea level rise, high tides, and high frequency storm surge through the year 2070; and

(3)

To ensure new shoreline structures and major shoreline improvements are designed for use as tidal flood barriers through application of consistent standards that account for future predicted tidal flood conditions and coastal water levels associated with sea level rise in accordance with current regional sea level rise projections, as updated and adopted by the Broward County Board of County Commissioners from time to time.

(B)

Findings. Based on evidence associated with rising sea levels and King Tides presented in hearings, studies, and reports made available to the Town Commission and the resultant adverse impacts on municipalities located in South Florida including, but not limited to, "Leveraging Catastrophe Bonds: As a Mechanism for Resilient Infrastructure Project Finance"; "A Research Paper Reviewing Issues and Unintended Consequences related to Raising Minimum Building Finish Floor Elevations" prepared for City of Miami Beach; "City of Fort Lauderdale Frequently Asked Questions: Proposed Sea Wall Ordinance"; Miami Beach Flooding Mitigation Committee meetings minutes of July 9, 2014; City of Miami Beach memorandum dated February 18, 2015 relative to discussion regarding seawall height standards and its impact on single-family home development; and "Max Seawall Heights for Coastal Cities in Broward County"; a Powerpoint presentation entitled "King Tides, Sea Level Rise, and Seawalls in SE Florida" presented by Dr. Nancy Gassman; "King Tide 2016: A Glimpse at what South Florida's Future Could Look Like" Briefing Book for U.S. Congressman Ted Deutch; "Climate Change and Sea-Level Rise in Florida" prepared by the Florida Oceans and Coastal Council, Tallahassee, Florida; USACE/Broward County Flood Risk Management Study for Tidally Influenced Coastal Areas, presentation dated September 4, 2018 from the Jacksonville District of the U.S. Army Corps of Engineers and the 2019 Unified Southeast Florida Regional Compact Climate Change Sea Level Rise Projection, the Town Commission finds:

(1)

The construction of new seawalls or the repair to existing seawalls to prevent tidal waters from flowing overland and leaving one's property is necessary to protect the health, safety, and welfare of the town residents; and

(2)

The town has a substantial interest in attempting to prevent the closure of State Road A-1-A due to tidal waters flowing overland from the Intracoastal waterway onto the state road;

(C)

The following words when used in this section shall have the following meaning:

(1)

NGVD 29 or the National Geodetic Vertical Datum of 1929 means the vertical control datum established for vertical control surveying in the United States of America by the General Adjustment of 1929.

(2)

NAVD88 or the North American Vertical Datum means the vertical control datum of orthometric height established for vertical control surveying in the United States of America based upon the General Adjustment of the North American Datum of 1988. This vertical datum replaces the NGVD 29 datum and most surveys reference this datum.

(3)

Rip-rap means a foundation of unconsolidated boulders, stone, rubble, concrete without protruding rebar, or similar materials placed on or near a shoreline to mitigate wave impacts and prevent erosion.

(4)

Seawall means a vertical or near vertical (often interlocking) structure placed between an upland area and a waterway or waterbody for erosion control. For the purposes of the Land Development Code, rip rap is not considered a seawall.

(5)

Seawall cap means a concrete box structure (usually reinforced) that connects seawall panels, piles, and anchoring system (if present) together at the top.

(D)

The top surface of a newly constructed seawall shall have a minimum elevation of 5.0 feet NAVD88 (see table). The elevation shall not exceed a maximum of the base flood elevation (BFE) as identified in the most recent FEMA Flood Insurance Rate Map (FIRM) for the property, except as specifically set forth herein. For properties with a BFE of 5.0 feet NAVD88, the minimum seawall elevation shall meet 5.0 feet NAVD88 and the maximum seawall elevation shall be 7.0 feet NAVD88. For waterfront properties with a habitable finished floor elevation of less than 5.0 feet NAVD88, a seawall may be constructed at less than the stated minimum elevation if a waiver is granted by the Town Commission. For properties within an X zone, the minimum seawall elevation shall meet 5.0 feet NAVD88 and the maximum shall meet the definition of grade defined as the base flood elevation requirement for the lowest floor as shown on the flood insurance rate map published by the Federal Emergency Management Agency (FEMA).All new or substantially repaired seawalls or seawall caps shall be designed and constructed to perform as tidal flood barriers on or before January 1, 2035 and shall have a minimum elevation of five (5) feet NAVD88.

(1)

Seawalls shall be designed and built in a substantially impermeable manner to prevent tidal waters from flowing through the seawall while still allowing for the release of hydrostatic pressure from the upland direction. To effectuate the release of hydrostatic pressure, if needed because of insufficient structural strength of the seawall, seawalls shall be designed to provide for "seepage holes" with adequate back-flow prevention or a valve with backflow preventer. Additionally, the design of seawalls shall take into account the existing historic storm water runoff patterns and provide for maintaining those patterns so as not to cause flooding of adjacent roadways.

(2)

Fixed docks may be constructed at an elevation less than the elevation of the adjacent seawall to which it is attached but shall not be constructed at an elevation more than 10 inches above the adjacent seawall's elevation. Floating docks shall be allowed and must be permitted and permanently attached to a marginal dock, finger pier, mooring pilings, or seawall.

(3)

Seawalls improvements constituting substantial repair at the time of permit application shall meet the minimum elevation and consider the design recom-

mendations as set forth in this section for the continuous seawall for the length of the property. For the purposes of this section, substantial repair threshold shall mean any improvement to a structure as defined as follows:

(a)

If more than fifty percent (50%) of the total gross floor area of the building or more than fifty percent (50%) of a structure or more than fifty percent (50%) of its replacement value is damaged, destroyed or removed for any reason the entire building, structure or use thereof shall be required to meet the Town's Land Development Code. This shall be defined to include any and all new construction of single family residences and multi family buildings which shall be required to comply with section 12-268 as set forth herein and as amended from time to time.

(4)

All property owners shall maintain their seawalls in good repair. A seawall is presumed to be in disrepair if it allows for upland erosion, transfer of material through, around or over the seawall or allows tidal waters to flow unimpeded through the seawall to adjacent properties or public right-of-way or the seepage of water is restricted such that water remains on the land side of the seawall and intrudes on neighboring property or public facilities or right-of-way. Property owners failing to maintain their seawalls in good repair shall be cited. The owner of the property on which the seawall is constructed is required to initiate a process, including, but not limited to, hiring a contractor or as an owner applying for a building permit, and be able to demonstrate progress toward repairing the cited defect within 60 days of receiving notice from the town and complete the repair within 365 days of citation or as extended by the Town Commission. The property owner shall ensure that the seawall is designed and constructed to meet the minimum elevation requirement and design requirement as set forth in this section.

(5)

Property owners with seawalls below the minimum elevation, or permeable erosion barriers, or a land/water interface of another nature shall not allow tidal waters entering their property to impact adjacent properties or public rights-of-way or other public facilities. Property owners failing to prevent tidal waters from flowing overland and leaving their property shall be cited. The owner of the property is required to initiate a process, including, but not limited to, hiring a contractor or as an owner submitting a building permit, and be able to demonstrate progress toward addressing the cited concern within 60 days of receiving notice from the town and complete the proposed remedy within 365 days of citation.

(6)

Predictions and guidance relative to Sea Level Rise (SLR) will continue to be updated in Broward County and are subject to change based on new scientific and engineering recommendations as well as observed water level measurements with statistics. To account for this variability, seawalls shall be designed with the ability to be raised a minimum of 24 inches in the future should the town deem necessary for adaptation to SLR. The seawall will need to be designed for the cap, with adjacent backfill, to be raised this height above the current established minimum elevation. Engineering drawings and calculations will be required for submittal as part of the building permit processing to demonstrate this required adaptation measure.

(Ord. 2017-294, § 2, 7-11-2017; Ord. 2020-05, § 2, passed 9-1-2020; Ord. 2021-05, § 2, 5-4-2021)

(A)

With respect to properties zoned multi-family residential as of the date of this ordinance, platted lots of record as of the date of this regulation with a north/south width in excess of 400 feet which are proposed for development and meet the dimensional and density criteria set forth below, may have a permitted maximum height of 25% of the north/south width of such platted lot, not to exceed 10 stories or 150 feet.

(B)

Dimensional and density criteria.

(1)

A minimum side yard of 100 feet for structures or portions of structures more than 15 feet above grade;

(2)

a minimum side yard of 35 feet for structures or portions of structures equal to or less than 15 feet above grade;

(3)

a minimum front setback of 100 feet from the centerline of State Road A1A for structures more than 15 feet above grade;

(4)

a minimum front setback of 45 feet from the centerline of State Road A1A for structures equal to or less than 15 feet above grade;

(5)

the total number of residential units is a minimum of 45% less than the maximum number of units permitted by the underlying land use and zoning of the subject property; and

(6)

include a conservation area equal to at least 20% of the acreage of the land within the entire applicable plat.

(C)

Property rights provision administrative process and procedure.

(1)

The process and procedure set forth within this section applies only to properties that previously received an affirmative super-majority vote for site plan approval by the Town Commission prior to the change in law created by the Property Rights Provision of § 12-269.

(2)

Where a proposed site plan is in substantial compliance with a site plan that previously received an affirmative super-majority vote by the Town Commission prior to the adoption of the Property Rights Provision of § 12-269, no further public hearing site plan review or public hearing approval shall be required provided that the site plan applicant:

(a)

submits a Development Application for site plan review;

(b)

pays the filing fee for site plan review;

(c)

requests a compliance determination from the Town Planner that the proposed site plan:

(i)

is in substantial compliance with the site plan that previously received the Town Commission's affirmative super-majority vote;

(ii)

complies with the dimensional and density criteria set forth within this section; and

(iii)

has only minor deviations from the plan that received the Town Commission's affirmative super-majority vote; and

(d)

receives a compliance determination approval from the Town Planner confirming that the site plan satisfies subsections (C)(2)(c)(i)—(iii) above.

(3)

For purposes of this section, a "minor deviation" shall be a deviation that does not substantially modify the overall site plan and does not modify any significant attributes of the site plan including, but not limited to, density, height, architectural features, setbacks, front, side and rear yards, parking garage, parking areas, property access, relocation of amenities, conservation area, or other such changes, as determined by the Town Planner.

(4)

Within 5 days of rendering a compliance determination approval, the Town Planner shall forward it to the Town Manager and within 5 days of receipt, the Town Manager will post such compliance determination approval in Town Hall and on the Town website, as well as publish notice of such determination in a newspaper of general circulation. Any prior condition of approval voluntarily proffered by the applicant and accepted by the Town Commission at a public hearing shall be made a part of any such administrative site plan approval under this section.

(Ord. 2022-12, § 4, passed 1-10-2023)