Hillsboro Beach City Zoning Code

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)

(A)

Intent and purpose, definitions, fees.

(1)

This Section sets forth the Town's provisions for processing requests for a reasonable accommodation to the Town's residential housing ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) ("ADA").

(2)

The Town has considered recent studies commissioned by the City of Delray Beach (titled, "Delray Beach, Florida: Principles to Guide Zoning for Community Residences for People with Disabilities," and dated August, 2017), the City of Pompano Beach (titled, "Pompano Beach, Florida: Principles to Guide Zoning for Community Residences for People with Disabilities," and dated February, 2018), and the City of Fort Lauderdale (titled, "Principles to Guide Zoning for Community Residences for People with Disabilities," and dated February, 13, 2018), which studies were prepared by Mr. Daniel Lauber, AICP, and the study by Daniel Lauber, entitled "Reforming State and Local Zoning for Community Residences for People With Disabilities and for Recovery Communities (River Forest, IL: Planning/Communications, July 2024)". These studies identify significant public purposes of furthering beneficial health goals for certain types of disabled residents, in terms of facilitating community integration and normalization. The studies, in part, conclude that when recovery residences are clustered in an area, or when a recovery residence is located within six hundred and sixty (660) feet from another recovery residence, there are material increased risks that facilitating community integration and normalization will be adversely affected. The regulations in this Section concerning the rebuttable presumptions which arise when recovery residences locate within a six hundred sixty (660) foot separation standard are designed to further such significant public interests.

(3)

For purposes of this Section, an "Administrative Appeal" is an available administrative remedy for an applicant to seek review of a Town Manager Determination in certain cases. The remedy involves a de novo, quasi-judicial review of the application which is conducted by the Special Magistrate.

(4)

A "Community Residence" for purposes of this Section is a residential living arrangement of more than three (3) individuals living together in a single dwelling unit, where: (a) not all of such individuals are related to each other by bonds of consanguinity, marriage, legal adoption, or other qualifying circumstances identified in the definition of "Family" which for purposes of this Section is defined as one (1) or more of such individuals is experiencing a disability; (b) all such individuals are living as a single, functional family; and (c) the disabled resident(s) are in need of the mutual support furnished by other residents of the dwelling unit, as well as any incidental support services, if any, provided there. The residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services, related to the residents' disabilities. The Community Residence seeks to emulate a biological family to normalize its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a family-like environment, and any treatment is incidental. The supportive inter-relationships between residents are an essential component of a Community Residence. A Community Residence which has received and maintained a reasonable accommodation pursuant to this Section shall be considered a residential "Family" use for the purposes of the Town's land development regulations, so as to implement the policy considerations of the FHA and ADA. A Community Residence does not include any other group living arrangement for unrelated individuals who are not experiencing a disability, nor does the definition include residential facilities for prison pre-parolees or sex offenders. Community Residences do not include community residential homes that are defined in F.S. § 419.001(1)(a) as amended, and licensed by the Florida Agency for Persons with Disabilities, the Florida Department of Elderly Affairs, the Florida Agency for Health Care Administration, or the Florida Department of Children and Families. Community Residences include functional family living arrangements of four (4) or more unrelated individuals that reside in recovery residences which are certified by the credentialing entity designated under F.S. § 397.487, as amended, or which are operated in accordance with the Oxford House Manual C.

(5)

For purposes of this Section, a "Determination" shall mean a decision on an application for a reasonable accommodation which is made by the Town Manager under the provisions of Subsection (f) of this Section, or by the Special Magistrate under the provisions of this Code. The word "Determine" means to make a determination.

(6)

For purposes of this Section, a "disability" is a physical or mental impairment that substantially limits one or more of an individual's major life activities, impairs an individual's ability to live independently, having a record of such impairment, or being regarded as having such an impairment. People experiencing or possessing a "disability" for purposes of this Section do not include individuals who are currently using alcohol or illegal drugs, or who are currently using legal drugs to which they are addicted, or who constitute a direct threat to the health and safety of others. Except as provided in the preceding sentence, an individual experiencing a "disability" is "disabled," and this will include a person that qualifies as disabled or handicapped under the FHA or ADA, or both.

(7)

For purposes of this Section, a "Lot" shall be as defined in Section 12-125 of this Code.

(8)

For purposes of this Section, a "pending application" shall mean an application for a reasonable accommodation which has been approved by the Zoning Board of Appeals ("BZA") and for which:

(a)

The Determination has not been made; or,

(b)

For Town Manager Determinations, the Determination has been made, and:

(i)

The thirty (30) day time frame for an Administrative Appeal has not run, or

(ii)

If an Administrative Appeal has been sought, either a Final Order of the Special Magistrate has not been rendered but may still be timely made, or if rendered, such Final Order remains subject to judicial review (i.e. by Petition for Writ of Certiorari, and thereafter, further discretionary, appellate review); or,

(c)

For Special Magistrate Determinations, the Determination has been made and remains subject to judicial review (i.e. by Petition for Writ of Certiorari, and thereafter, further discretionary, appellate review).

(9)

For purposes of this Section, a "reasonable accommodation" is a change, exception, or adjustment to an ordinance, rule, policy, or procedure that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including any public or common-use spaces thereof.

(10)

There shall be no fee imposed by the Town in connection with an application for a reasonable accommodation under this Section or for an Administrative Appeal of a Town Manager Determination to the Special Magistrate. The Town shall have no obligation to pay an applicant's or intervenor's attorney fees or costs in connection with an application, or an Administrative Appeal, or any other proceeding before the Special Magistrate.

(B)

Applications for a reasonable accommodation.

(1)

A request for reasonable accommodation shall be made by completing a reasonable accommodation request form. The form shall be developed and modified from time to time by the Planning Department consistent with law, and shall be maintained by the Planning Department.

(2)

When an applicant has completed the form and information shall be filed with the Planning Department, and the Planning Department shall file stamp the form with the date its filing was accepted, and such form and information shall thereafter be considered an application. The reasonable accommodation application shall contain responses to questions, and any additional information as the applicant may determine is necessary for processing and evaluating the reasonable accommodation request. The reasonable accommodation request form shall be accessible on the Town's web-site and accessible at the Planning Department.

(3)

The applicant may be the property owner, a tenant, a governmental agency, a parent or guardian of the disabled person, a provider of services to the disabled person, or the disabled person; however, in all cases, if the property owner is not the applicant, the property owner shall join in and consent to the application and shall be treated as an "applicant" for the purposes of this Section. In all cases, the applicant and the property owner shall be responsible to comply with the requirements of this Section, and with the conditions or limitations of the Determination.

(4)

Should the information provided with a reasonable accommodation request form include medical information or records, including records indicating the medical condition, diagnosis or medical history of a disabled individual, the disabled individual may, at the time such medical information is submitted, request that the Town, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The Town shall thereafter endeavor to provide written notice to the disabled individual, and the applicant, of any request received by the Town for disclosure of the medical information or documentation which the disabled individual has requested be treated as confidential by the Town. The Town may cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the Town shall have no obligation to initiate, prosecute or pursue any such action, or defend against a request for such records, or to incur any legal or other expenses in connection therewith (whether by retention of outside counsel or allocation of internal resources), and the Town may comply with any records request or judicial order without prior notice to the disabled individual.

(5)

Submittal requirements. The application shall be made, in writing, and shall include the following information:

(a)

For all applications:

(i)

Name and contact information of the applicant;

(ii)

Signature of applicant;

(iii)

Date of application;

(iv)

Owner's consent to the application (it shall be presumed that the owner is as indicated by the most recent ad valorem tax roll information concerning the Lot);

(v)

Information regarding the Residential Lot or Unit at which a reasonable accommodation is requested, including the address, and ad valorem tax folio number or property identification number;

(vi)

The specific ordinance, rule, policy, or procedure for which the reasonable accommodation is being requested;

(vii)

The specific relief sought by the application and how such relief serves the special needs of the disability at issue;

(viii)

Information concerning whether the relief requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy housing;

(ix)

If there is to be an on-site supervisor, staff, or manager serving the premises, provide the name and contact information (phone and email) for each, and whether they will reside on the Lot with the disabled persons;

(x)

Relevant information pertaining to the disability;

(xi)

A description of all installations or modifications which have been made to improvements on the Lot after the date of the Lot's most recent closed building permit, or if there are none, an Affidavit of No Change executed by the property owner (for purposes of this Paragraph, the most recent "closed" building permit is that which was: a. issued for improvements or alterations which have passed all inspections and received a Certificate of Occupancy or a Certificate of Completion or equivalent, and b. either: (i) where only building permits meeting the requirements of a. above were issued prior thereto, or (ii) the building permit meeting the requirements of a. above was the first building permit issued for the Lot in question);

(xii)

A description of all installations and modifications to improvements for the Lot which are proposed to be made before or during the time frame the Determination is to be effective;

(xiii)

Any other relevant information pertaining to the Lot, and the information solicited by the reasonable accommodation request form;

(xiv)

An irrevocable confirmation by the applicant and the property owner (of the Lot) that the Town may inspect the Lot's improvements for compliance with applicable provisions of the Florida Building Code and Florida Fire Prevention Code while the application is pending, and that the Town may, after a Determination is issued which grants the accommodation or grants an alternative accommodation, periodically inspect such improvements, after reasonable notice and during reasonable times, for compliance with the terms and conditions of the Determination; and,

(xv)

The extent of services or programs which will be provided to disabled persons at the Lot, and whether the service provider is licensed or certified.

(b)

For applications pertaining to or relating to a Community Residence, the following additional submittals or information shall be required:

(i)

Whether the Community Residence operator or owner is currently certified by the credentialing entity designated under F.S. § 397.487 as amended (or whether the Community Residence is currently certified by the credentialing entity designated under F.S. § 397.487 as amended);

(ii)

Whether the Community Residence is operated in accordance with the Oxford House Manual C;

(iii)

If neither [(i)] nor [(ii)] are applicable, information concerning:

(1)

The identity, education, licensure, and training of staff servicing the Community Residence;

(2)

How the applicant will ensure the home will emulate a biological family;

(3)

How the home will be operated to achieve normalization and community integration;

(4)

If any property line of the Lot on which the Community Residence is proposed is within Six Hundred Sixty (660) Feet of the nearest property line of a Lot where an existing Community Residence is located, measured by airline measurement, information the applicant believes is important to consider in rebutting the presumptions which arise under Paragraph (a)(2) of this Section;

(5)

How the rules and practices governing the Community Residence's operation will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications;

(6)

A disclosure of all instances within the two (2) year period preceding the application of any evidence of resident abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications;

(7)

A disclosure of the steps taken to address matters disclosed in (vi) above, how outcomes are measured for such steps, and the outcomes experienced as a result of such steps; and,

(8)

A disclosure of all services related to resident disabilities that are proposed to be provided and where such services will be provided;

(iv)

The maximum number of individuals who will reside in the dwelling unit for the period of time that the Determination is to be effective; and,

(v)

Information concerning the relationship between the number of residents and the therapeutic benefits to the Community Residence's disabled residents.

(c)

If the application is missing any of the required information or additional information is required, the Town shall notify the applicant in writing within thirty (30) days of the date the application was received. The Town shall provide the applicant with thirty (30) days to respond to its request for required or additional information. If the applicant fails to provide the requested information within thirty (30) days, the application for reasonable accommodation shall be deemed abandoned, and the Planning Department shall notify the applicant by First Class Mail that the application has been denied as abandoned. The notice shall include the specific information the Town requested that was not provided as the reason for denial-as-abandoned.

(C)

Repetitive applications, qualified stay.

(1)

An application for a reasonable accommodation for a Lot shall not be accepted by the Planning Department (including an amendment to a prior application), during any time period:

a.

In which the Lot has a pending application for a reasonable accommodation; or,

b.

Is within a six (6) month period of time from the later of: 1. the date the most recent prior application for a reasonable accommodation for such Lot was accepted by the Planning Department, or 2. the date the Determination was issued for the most recent prior application for a reasonable accommodation for such Lot (taking into consideration the possibility that an application for a reasonable accommodation may be withdrawn, or may be deemed withdrawn or abandoned, prior to a Determination being made).

(2)

The provisions of Subsection (1) above shall not be applied to prevent a new application for a reasonable accommodation for the subject Lot which is:

a.

Necessary as a result of new and materially different facts which a reasonable person would conclude were not foreseeable at the time the prior application was filed; and

b.

Which relate to a different ordinance, rule, policy, or procedure than was (were) at issue in the prior application.

(3)

Qualified automatic stay of enforcement.

(a)

In the absence of either a known specific condition which creates risks to life safety, or a prior Special Magistrate Final Order or a prior Court Final Judgment, after an application for reasonable accommodation is filed with the Planning Department, and during the time frame it is pending before the Town, the Town will take no action to enforce the specific municipal provision, regulation, policy, or condition which is the subject of the application.

(b)

The provisions of paragraph (3)(a) above shall not affect the Town's ability to enforce any municipal ordinance, rule, policy, or procedure which is not the subject of the application, or prevent the Town from enforcing any federal or state or County law.

(D)

Planner advisory review, other department reviews.

(1)

The Planning Department shall review the application and prepare a report and recommendation. The Planning Department may request and obtain information from other Departments when processing the application, and may ask other Departments to comment on the application. When the Planning Department and recommendation is prepared, the application, the Planner report and recommendation, and any other comment(s) received by the Planning Department from other Departments which are referenced in the Planning Department report and recommendation will be referred to either the Town Manager (for Determinations made pursuant to Section ___________ of this Code), or by the Special Magistrate (for Determinations made pursuant to Section ________of this Code).

(2)

When the matter involves a modification or termination of a Determination (and the effective date thereof) which is referred by the Town Manager to the Special Magistrate pursuant to Subsection (i)(5) below, the Town Manager may direct one or more municipal Department(s) to issue a report and recommendation concerning the circumstances applicable to the matter in light of the criteria identified in Subsection (i)(5) below.

(E)

Criteria for evaluation of an application for a reasonable accommodation.

(1)

In evaluating an application for a reasonable accommodation, the Planning Department, and either the Town Manager or Special Magistrate, as applicable shall consider:

(a)

Whether the requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under federal or state law;

(b)

Whether an accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy housing;

(c)

The extent to which the relief requested would serve the special needs of the disability at issue;

(d)

The physical attributes and conditions of the subject Lot and structures and improvements thereon, and whether they are compliant with applicable provisions of the Florida Building Code and Florida Fire Prevention Code;

(e)

Whether the type of accommodation requested or the objective the accommodation seeks will foreseeably impose an undue financial or administrative burden on the Town (to determine these burdens, the Town may consider: 1. prior experience with the applicant or operator, or property owner, or some or all of the foregoing, 2. prior experience at the Lot, 3. prior experience at other properties for which similar types of requests have been approved, 4. the Town's financial resources, and 5. the Town's personnel time and effort expended in the processes and procedures outlined in this Section, in ensuring the conditions and limitations of Determinations are followed, in providing services to the parcel and to other property where like Determinations have been issued, and in enforcing violations of law which relate to the Lot and to other property where like Determinations have been issued);

(f)

Any evidence that the accommodation would result in a threat to the health or safety of individuals;

(g)

The extent to which the accommodation may impair the policy interests served by the ordinance, rule, policy, or procedure affected by the application;

(h)

The extent to which a more tailored exception, modification, or alternative accommodation to the applicable ordinance, rule, policy, or procedure would affect the purposes served by the requested reasonable accommodation without the same degree of 1. foreseeable, accompanying burdens, or 2. impact to the policy considerations underlying the ordinance, rule, policy, or procedure in question, or 3. both 1. and 2.;

(i)

The extent to which the application, if granted, may foreseeably result in violations of other law relating to the premises (e.g. parking);

(j)

Any specific request or directive from any federal or state agency which has been made or received concerning the application; and,

(k)

Information provided by the applicant on the reasonable accommodation request form and information provided by the Planning Department and any other Department concerning the completed application. Information provided by Town Departments may include information concerning a portion of the Town to which certain uniform regulations and requirements or various combinations thereof apply under the provisions of the comprehensive zoning ordinance, as such portion of the Town surrounding the Lot is demarcated in the professional opinion of the Town Planner (the "Surrounding District"). Information provided by Town Departments may include, but not be limited to, zoning and land use information, police incident data, fire rescue data, code enforcement data, false burglar or medical alarm data, census data, on-site and off-site physical conditions, photographs and aerials of subject parcel and of the Surrounding District, Surrounding District information and data (i.e. traffic routes that show the boundaries of the Surrounding District, interior street patterns, significant physical features, both natural and man-made [such as canals and lakes], population data, school locations, park and recreation amenities, and municipal activity and projects), and any other relevant information concerning the application or issues relevant to the Determination of the application for a reasonable accommodation.

(2)

When the application for a reasonable accommodation concerns or involves a Community Residence, in addition to the factors set forth in Subsection (1) above, the Planning Department shall evaluate the following additional criteria, and the Town Manager and Special Magistrate shall not grant the application or an alternative application unless he or she reasonably concludes that the criteria in (a), (b), and (c) below are met:

(a)

The Community Residence:

(i)

Is one whose owner or operator is certified by the credentialing entity designated under F.S. § 397.487 as amended (or that the Community Residence is certified by the credentialing entity designated under F.S. § 397.487 as amended); or,

(ii)

Is operated in accordance with the Oxford House Manual C, or

(iii)

Where neither [i] nor [ii] is applicable:

1.

Will be operated in a manner effectively similar to the Community Residences described in [(i)] or [(ii)],

2.

Staff, if any, will be adequately trained,

3.

Will emulate a biological family,

4.

Will be operated to achieve normalization and community integration,

5.

Rules and practices governing how the home is operated will protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications; and

(b)

The proposed Community Residence will not interfere with the normalization and community integration of the residents of any existing Community Residence and that the presence of other nearby Community Residences will not interfere with the normalization and community integration of the residents of the proposed Community Residence (in this regard, if any property line of the Parcel where a proposed Community Residence is to be located is within Six Hundred Sixty (660) Feet of the nearest property line of a Lot where an existing Community Residence is situate, measured by airline measurement, rebuttable presumptions shall arise that the proposed Community Residence's location will interfere with the normalization and community integration of the residents of such existing Community Residence, and that the location of the existing Community Residence will interfere with the normalization and community integration of the residents of the proposed Community Residence (which rebuttable presumptions shall require clear and convincing evidence to overcome); and

(c)

The primary function and use of the proposed Community Residence is residential, and any services are merely incidental to the residential use of the Lot.

(F)

Town manager determinations.

(1)

The Town Manager shall have the authority to consider and act on all applications for a reasonable accommodation, except for an application for a Community Residence in which more than six (6) persons will reside. Determinations of applications which can not be authorized by the Town Manager under the provisions of this Subsection shall be made by the Special Magistrate under Subsection (G) of this Section.

(2)

The Town Manager may choose to refer an application for a reasonable accommodation which he or she is authorized to consider and Determine to the Special Magistrate under Subsection (g) of this Section, and when such referral is made, the Determination and judicial review of same shall be governed by Subsection (G) below, and the Administrative Appeal procedure set forth in Subsection (6) below shall not be available.

(3)

For those applications considered and Determined by the Town Manager, he or she shall issue a written Determination after considering the criteria specified in Subsection (e) above and may:

(a)

Grant the accommodation request, with or without conditions;

(b)

Grant a portion of the request and deny a portion of the request (which shall be an alternative reasonable accommodation), with or without conditions; or

(c)

Deny the request. Any Determination under (3)(b) or (3)(c) above shall state the grounds therefor.

(4)

All Town Manager Determinations shall give notice of the applicant's right to an Administrative Appeal to the Special Magistrate under the provisions of Subsection (6) below. The Town Manager's Determination shall be sent to the Town Clerk who shall note the Determination's rendition date (the date the Clerk enters the Determination in the Public Record). The Town Clerk shall then transmit the Determination to the Planning Department. The Determination shall then be sent by the Planning Department to the applicant by certified mail.

(5)

The Town Manager shall issue a written Determination within sixty (60) days of the date the complete application was received by the Planning Department. The issue date shall be the date the Determination is signed by the Town Manager. Any Determination to approve shall specify is the approval is for the entire application or in part, and with or without conditions. If the Determination is to deny the application, the Town Manager shall provide the written Determination, which shall include specific, objective, evidence-based reasons for the denial and shall also identify any deficiencies or actions necessary for the application to be considered. If the final written Determination is not issued within sixty (60) days after receipt of the completed application, and the parties have not agreed to an extension of the time, the application is deemed approved, pursuant to F.S. § 397.487(15)(b)5.

(6)

Administrative Appeal of Town Manager Determinations, Judicial Review.

(a)

In the event an applicant disagrees with a Town Manager Determination and desires to seek review thereof, the applicant shall file a Notice of Appeal with the Town Clerk within thirty (30) days of the date the Determination is rendered. The Determination shall be rendered the date the Town Clerk certifies that the Determination has been entered into the Town's record. The Notice of Appeal shall describe in sufficient detail the grounds of the Appeal (i.e. the Determination's error and the relief sought).

(b)

The Town Clerk shall forward to the Special Magistrate the record of the proceedings which shall consist of a copy of the application, a copy of the Planning Department report and recommendation, a copy of any Department comment requested by the Planning Department in its report and recommendation, as well as any information submitted by the applicant or by another Department in response to a request for additional information made by the Town Manager prior to the Determination, the Determination, and the Notice of Appeal.

(c)

The Special Magistrate shall conduct a quasi-judicial hearing on the Administrative Appeal. All testimony shall be sworn and cross-examination shall be permitted. Witnesses who refuse to be cross-examined may have their testimony stricken from the proceedings. Formal Rules of evidence shall not apply, but fundamental rights of due process shall be observed and shall govern the proceedings. The Special Magistrate shall allow the applicant an opportunity to present evidence and argument on the matter and shall also allow the Town and any intervenor to present evidence and argument. The Special Magistrate shall rule on all Motions to Intervene at the onset of the quasi-judicial hearing, or at an earlier hearing established for such purpose. The Special Magistrate may consider testimony from members of the public at the hearing. The Special Magistrate shall have the power to impose supplemental rules to govern the proceedings, to issue subpoenas for evidence, to take testimony, under oath, and issue rulings. In the Administrative Appeal, the applicant shall have the burden of persuasion by the preponderance of evidence (except as to rebutting the presumptions created by Section 12-270 of this Code, which require clear and convincing evidence), and shall have the burden of going forward with the evidence. The Town may be represented by any Town Department, or by an attorney. The applicant and any intervenor may be represented by an attorney if they desire.

(d)

The scope of review of the Special Magistrate shall be de novo, and the Special Magistrate may grant the application with or without conditions, grant an alternative accommodation with or without conditions, or deny the accommodation. The Special Magistrate shall consider the factors specified in Section 12-270 of this Code, the record, and the evidence presented at the hearing in making his or her decision. The decision of the Special Magistrate on an Administrative Appeal shall be evidenced by a Final Order, and the Town Clerk shall send a copy of the Final Order to the applicant, and any intervenor as soon as possible after rendition by First Class Mail.

(e)

The Town shall provide notice of the quasi-judicial hearing concerning the Administrative Appeal to the applicant and any intervenors by certified mail, at least fourteen (14) days prior to the quasi-judicial hearing. The Town shall also provide notice of the quasi-judicial hearing, by First Class Mail, to all property owners within Three Hundred Feet (300') of the Lot for which the reasonable accommodation is requested, as their names and addresses appear on the most recent County real property ad valorem tax roll, at least fourteen (14) prior to the quasi-judicial hearing. The notice of the quasi-judicial hearing shall be posted outside of Town Hall for at least three (3) days prior to the quasi-judicial hearing. The Special Magistrate shall render a decision on the Administrative Appeal as soon as reasonably practicable, but in any event, no later than sixty (60) days after the Notice of Appeal is filed, unless the applicant and Town agree to an extension of such time period. In the event the Special Magistrate fails to meet the required timetable, the Determination shall be deemed quashed, and shall be returned to the Town Manager to make another, different Determination within a thirty (30) day time frame.

(f)

The Town, the applicant, or an intervenor may file a Motion for a re-hearing of the matter within ten (10) days of the date the Magistrate Final Order is rendered. The Magistrate shall not be required to conduct a hearing to determine whether or not to grant the Motion. The filing of a Motion for a re-hearing shall not toll or affect the time periods within which the applicant or an intervenor is required to seek judicial review as provided in the next paragraph (g) below.

(g)

In the event the applicant or an intervenor, or both, disagrees with a Special Magistrate Final Order on an Administrative Appeal, he or she may seek judicial review by filing a Petition for Writ of Certiorari in the Circuit Court of the 17th Judicial Circuit in and for Broward County Florida within thirty (30) days of the Final Order's rendition. The Final Order shall be rendered the date the Code Enforcement Clerk certifies that the Final Order has been entered into the Town's public record.

(G)

Special magistrate determinations, and proceedings to modify or terminate determinations.

(1)

Determinations of applications for a reasonable accommodation.

(a)

The Special Magistrate shall have jurisdiction to consider and Determine all applications for a reasonable accommodation which the Town Manager is not authorized to Determine.

(b)

The Special Magistrate shall have jurisdiction to consider all applications for a reasonable accommodation which are referred to the Special Magistrate by the Town Manager pursuant to Subsection (f)(2) above.

(c)

Within thirty (30) days of the date the Planning Department accepted the application, the Planning Department shall forward to the Town Clerk a copy of the application, a copy of the Planning Department report and recommendation, a copy of any Department comment referenced by the Planning Department in its report and recommendation, as well as any information submitted by the applicant.

(d)

The Town Clerk shall open a Case file, assign a Case Number to the Case file, and note the date the Case file was opened. In conjunction with the Town Clerk, the Town Clerk shall set the matter for a Special Magistrate hearing.

(e)

The caption of the Case shall be as follows:

SPECIAL MAGISTRATE

TOWN OF HILLSBORO BEACH, FLORIDA

Case No. _______

In re:

Application for a Reasonable

Accommodation for Property

having a Address of:

_______

_______/

(f)

The Town shall provide notice of the quasi-judicial hearing concerning the Special Magistrate Determinations to the applicant, the property owner (who shall be treated as an applicant for purposes of this Section as identified by the most recent ad valorem tax roll), and any known intervenors by certified mail, at least fourteen (14) days prior to the quasi-judicial hearing. The Town shall also provide notice of the quasi-judicial hearing, by First Class Mail, to all property owners within Three Hundred Feet (300') of the Lot for which the reasonable accommodation is requested, as their names and addresses appear on the most recent County real property ad valorem tax roll, at least fourteen (14) days prior to the quasi-judicial hearing. The notice of the quasi-judicial hearing shall be posted outside of Town Hall for at least three (3) days prior to the quasi-judicial hearing.

(g)

The Special Magistrate shall conduct a quasi-judicial hearing on the application. All testimony shall be sworn and cross-examination shall be permitted. Witnesses who refuse to be cross-examined may have their testimony stricken from the proceedings. Formal Rules of evidence shall not apply, but fundamental rights of due process shall be observed and shall govern the proceedings. The Special Magistrate shall allow the applicant an opportunity to present evidence and argument on the matter and shall also allow the Town and any intervenor to present evidence and argument. The Special Magistrate shall rule on all Motions to Intervene at the onset of the quasi-judicial hearing, or at an earlier hearing established for such purpose. The Special Magistrate may consider testimony from members of the public at the hearing. The Special Magistrate shall have the power to impose supplemental rules to govern the proceedings, to conduct preliminary hearings, to issue subpoenas for evidence, to take testimony, under oath, and issue rulings. In these proceedings, the applicant shall have the burden of persuasion by the preponderance of evidence (except as to rebutting the presumption created by Section 12-270 of this Code which requires clear and convincing evidence), and shall have the burden of going forward with the evidence. The Town may be represented in the proceedings by any Town Department, or by an attorney. The applicant and any intervenors may be represented by an attorney if they desire.

(h)

The Special Magistrate may grant the application with or without conditions, grant an alternative accommodation with or without conditions, or deny the application. The Special Magistrate shall consider the factors specified in Section 12-270 of this Code, the Planning report and recommendations (which may include information from other Departments), the record, and the evidence presented at the hearing in making his or her Determination. The Determination of the Special Magistrate shall be evidenced by a Final Order, and the Town Clerk shall send a copy of the Final Order to the applicant, and any intervenor as soon as possible after rendition by First Class Mail.

(i)

The Special Magistrate shall render a decision on the application as soon as reasonably practicable, but in any event, no later than sixty (60) days after the Case is opened by the Town Clerk, unless the applicant, Town, or an intervenor demonstrates that undue prejudice would result, in which case the Special Magistrate may grant a reasonable extension to the sixty (60) day timeframe, provided such extension does not to exceed an additional thirty (30) days. In the event the Special Magistrate fails to meet the required timetable within which to render a Determination, the application shall be deemed granted.

(j)

The Town, the applicant, or an intervenor may file a Motion for a re-hearing of the matter within ten (10) days of the date the Magistrate Final Order is rendered. The Magistrate shall not be required to conduct a hearing to determine whether or not to grant the Motion. The filing of a Motion for a re-hearing shall not toll or affect the time periods within which the applicant or an intervenor is required to seek judicial review as provided in the next paragraph [(k)].

(k)

In the event the applicant, or an intervenor, or both, disagrees with a Special Magistrate Determination, he or she may seek judicial review by filing a Petition for Writ of Certiorari in the Circuit Court of the 17th Judicial Circuit in and for Broward County Florida within thirty (30) days of the Final Order's rendition. The Final Order shall be rendered the date the Code Enforcement Clerk certifies that the Final Order has been entered into the Town's public record.

(2)

Special Magistrate proceedings to modify or terminate a Determination.

(a)

The Special Magistrate shall have jurisdiction to consider a modification or termination of a Determination (and the effective date thereof), when the Town Manager refers such a matter to the Town Clerk pursuant to Subsection (i)(5) below.

(b)

Upon receiving a referral, the Town Clerk shall open a Case file, assign a Case Number to the Case file, and note the date the Case file was opened. The Town Clerk shall also advise any Department which has been requested by the Town Manager to provide a report and recommendation of the date the case file was opened.

(c)

The caption of the Case shall be as follows:

SPECIAL MAGISTRATE

TOWN OF HILLSBORO BEACH

Case No. _______

In re:

Modification or Termination of a

Reasonable Accommodation for Property

having an Address of:

_______

_______/

(d)

Within thirty (30) days of the date the case was opened, any Department which has been so directed by the Town Manager shall forward to the Town Clerk a copy of its report and recommendation.

(e)

The Town Clerk shall set the matter for a Special Magistrate hearing.

(f)

The Town shall post a notice of the hearing on the Lot for which the reasonable accommodation at issue was granted (the "subject Lot"), at least ten (10) days prior to the quasi-judicial hearing. The Town shall also provide notice of the Special Magistrate quasi-judicial hearing concerning the case to the applicant of the reasonable accommodation at issue (as their name and address appeared on the application), and any known intervenors by certified mail, at least fourteen (14) days prior to the quasi-judicial hearing. The Town shall also provide notice of the quasi-judicial hearing, by First Class Mail, to all property owners within Three Hundred Feet (300') of the subject Lot, as their names and addresses appear on the most recent Broward County real property ad valorem tax roll, at least fourteen (14) days prior to the quasi-judicial hearing. The notice of the quasi-judicial hearing shall also be posted outside of Town Hall for at least three (3) days prior to the quasi-judicial hearing.

(g)

The Special Magistrate shall conduct a quasi-judicial hearing on the matter. All testimony shall be sworn and cross-examination shall be permitted. Witnesses who refuse to be cross-examined may have their testimony stricken from the proceedings. Formal Rules of evidence shall not apply, but fundamental rights of due process shall be observed and shall govern the proceedings. The Special Magistrate shall allow the applicant an opportunity to present evidence and argument on the matter and shall also allow the Town and any intervenor to present evidence and argument. The Special Magistrate shall rule on all Motions to Intervene at the onset of the quasi-judicial hearing, or at an earlier hearing established for such purpose. The Special Magistrate may consider testimony from members of the public at the hearing. The Special Magistrate shall have the power to impose supplemental rules to govern the proceedings, to conduct preliminary hearings, to issue subpoenas for evidence, to take testimony, under oath, and issue rulings. In these proceedings, the Town shall have the burden of persuasion by the preponderance of evidence, and shall have the burden of going forward with the evidence. The Town may be represented in the proceedings by any Town Department, or by an attorney. The applicant and any intervenors may be represented by an attorney if they desire.

(h)

The Special Magistrate may modify or terminate the Determination. The Special Magistrate shall consider the report and recommendations of any Department, the record, the evidence presented at the hearing, and the criteria set forth in in Section 12-270 of this Code. The decision of the Special Magistrate shall be evidenced by a Final Order, and the Town Clerk shall send a copy of the Final Order to the applicant, and any intervenor as soon as possible after rendition by First Class Mail.

(i)

The Special Magistrate shall enter a Final Order on the matter as soon as reasonably practicable, but in any event, no later than sixty (60) days after the Case is opened by the Clerk of the Magistrate, unless the applicant, Town, or an intervenor demonstrates that undue prejudice would result, in which case the Special Magistrate may grant a reasonable extension to the sixty (60) day timeframe, provided such extension does not to exceed an additional thirty (30) days. In the event the Special Magistrate fails to meet the required timetable, the Determination which is the subject of the proceedings shall be deemed to have not been modified or terminated.

(j)

The Town, the applicant, or an intervenor may file a Motion for a re-hearing of the matter within ten (10) days of the date the Magistrate Final Order is rendered. The Magistrate shall not be required to conduct a hearing to determine whether or not to grant the Motion. The filing of a Motion for a re-hearing shall not toll or otherwise affect the time period within which the applicant or an intervenor is required seek judicial review as provided in the next paragraph [(k)].

(k)

In the event the applicant, or an intervenor, or both, disagrees with a Special Magistrate Final Order, he or she may seek judicial review by filing a Petition for Writ of Certiorari in the Circuit Court of the 17th Judicial Circuit in and for Broward County Florida within thirty (30) days of the Final Order's rendition. The Final Order shall be entered the date it is signed by the Special Magistrate, and it shall be deemed rendered the date the Code Enforcement Clerk certifies that the Final Order has been entered into the Town's public record.

(H)

Expiration recertification of determination.

(1)

For purposes of establishing the initial time period within which a Determination shall remain viable before it expires unless it is recertified, the following schedule is established:

(a)

For applications filed and accepted by the Planning Department on or between July 15 of a calendar year and January 14 of the next succeeding calendar year, any granted Determination (for an accommodation or alternative accommodation) shall expire on the September 30 which next succeeds the January 14 date, unless such Determination is recertified as provided in Subsection (2).

(b)

For applications filed and accepted by the Planning Department on or between January 15 of a calendar year and July 14 the same calendar year, any granted Determination (for an accommodation or an alternate accommodation) shall expire on September 30 of the next ensuing calendar year, unless such Determination is recertified as provided in Subsection (2).

(2)

For a viable Determination to be recertified, a new application for a reasonable accommodation shall need to be accepted by the Planning Department on or between April 30 and July 1 of the calendar year in which the Determination shall expire, and a new Determination issued by September 1 of such calendar year. In the event this occurs, the Determination shall be considered "recertified" and shall be valid until September 30 of the next ensuing calendar year, at which time it shall expire, unless the Determination receives another recertification pursuant to the timetable set forth in this Subsection (2). There shall be no limit on the number of times a Determination can be recertified.

(3)

Failure to recertify a Determination shall result in the expiration of the approved reasonable accommodation.

(4)

Recertification requests shall follow the same requirements as the initial request for a reasonable accommodation as set forth in this Section.

(I)

Violations, penalties and modification or termination.

(1)

Any property owner, operator, or other person who may be an applicant under this Section who falsifies or conceals material information in such applicant's application for reasonable accommodation or any recertification has committed a violation of this Code and is subject to the penalties set forth in this Section.

(2)

Any property owner, operator, or other person who may be an applicant under this Section who causes, permits, facilitates, aids, or abets any violation of any provision of the granted reasonable accommodation or granted alternative reasonable accommodation has committed a violation of this Code and is subject to the penalties set forth in this Section.

(3)

Any property owner, operator, or other person who may be an applicant under this Section who fails to perform any obligation, act or duty as contemplated in this Section or as set forth in the granted reasonable accommodation or granted alternative reasonable accommodation has committed a violation of this Code and is subject to the penalties set forth in this Section.

(4)

The penalties and prosecution methods for a violation of the Code as specified in this Section may be by any of the following:

(a)

The Town may prosecute violations under Chapter 11, and subject the violator to the penalties prescribed thereunder.

(b)

The Town may prosecute a violation of this Section under Chapter 11:

(i)

For the first Civil Citation, the civil penalty shall be Two Hundred Fifty Dollars ($250). If the violator chooses to contest the Civil Citation, the maximum penalty shall be Two Hundred Fifty Dollars ($250) per Civil Citation.

(ii)

For a repeat violation, the civil penalty shall be Five Hundred Dollars ($500). If the violator chooses to contest the Civil Citation, the maximum penalty shall be Five Hundred Dollars ($500) per Civil Citation.

(c)

The Town may prosecute a violation under Chapter 11.

(5)

False or failure to disclose material information.

(a)

If at any time during the period for which the Determination is effective it is determined by the Town Manager that: 1. a material statement contained in the application, or material information provided by the applicant, was false when provided, or 2. the applicant omitted material information, or failed to disclose material information, the omission of which would cause a reasonable person to conclude that the application was misleading, or 3. that applicant has on more than two (2) occasions failed to perform any obligation, act or duty as contemplated in this Section or as set forth in a granted Determination, or 4. some or all of 1.—3., the Determination shall be subject to modification or termination. The Town Manager may refer all such matters to the Town Clerk for scheduling of a hearing pursuant to procedures of Subsection (g)(2).

(b)

If such a referral is made, the Town Manager may determine whether any Department should be directed to furnish a report and recommendation to the Special Magistrate as provided by Subsection (d)(2) above, and if such a direction is made, he or she shall advise the Town Clerk.

(c)

In the event the Determination is modified by the Special Magistrate, the modified Determination shall be considered the "viable Determination" for purposes of recertification under Subsection (h)(2) of this Section, regardless of any intervening applications for recertification and any approvals thereof.

(d)

In the event the Determination is terminated by the Special Magistrate, a new application for the same Determination shall not be accepted by the Town for a period of one (1) year, and the termination shall terminate all intervening applications for re-certification of such Determination and any approvals thereof.

(6)

In addition to the remedies specified in this Section to address violations, the Town may exercise and seek any and all remedies provided by law.

(J)

Other general and implementing provisions.

(1)

The Town shall display a notice on the Town's website (and shall maintain copies of the notice available for review in the Planning Department, and the Town Clerk's Office), advising the public that disabled individuals (and qualifying persons or entities) may request reasonable accommodation as provided herein. The Town will also display a notice on its website.

(2)

The Town shall provide such clerical assistance and clerical accommodation as may be required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, so as to ensure the reasonable accommodation process is accessible to persons experiencing disabilities.

(3)

All Determinations granting a reasonable accommodation or alternative accommodation prior to (the effective date of this Ordinance) shall expire on September 30, 2021.

(4)

All owners of residential real property shall have 90 calendar days subsequent to (the effective date of this Ordinance) to apply for a reasonable accommodation where:

(a)

The use of such property on (the effective date of this Ordinance) is in violation of the Town Code provisions for "Family" which is limited to not more than three (3) individuals who are not interrelated from occupying the whole or part of: 1. a single-family home, or 2. a single-family dwelling, or 3. a dwelling unit in a building containing multi-family dwelling units, and,

(b)

Such use would not be in such violation if a reasonable accommodation was granted pursuant to this Section.

In the event an application is not timely filed as required by this Subsection (4), or thereafter a Determination granting an accommodation or an alternate accommodation is not issued in accordance with the provisions of this Section, the violation shall be subject to the provisions of Chapter 11 of the Code.

(Ord. No. 2025-05, § 2, 2-3-2026)