For the purpose of this division of the Land Development Code, the following definitions shall apply, unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural shall include the singular; the word building shall include the word structure; and the word shall is mandatory and not directory.

Accessory building. A subordinate building detached from but on the same lot as the main building, the use of which is clearly incidental to that of the dominant use of the main building and land. accessory buildings shall be permitted only in conjunction with the erection of a single-family dwelling in Residential District RS-2, or as allowed in Residential District RPC.

Accessory use. An accessory use is one which is incidental to the main use of the premises, such as but not limited to: guest houses, tool sheds, heater, pump and filter rooms.

Alterations. Alter or alteration shall mean any change in size, shape, character, occupancy or use of a building and/or structure.

Apartment. A suite of rooms intended or designed for use as a residence by a single-family, including living room, 1 or more bedrooms, 1 or more bathrooms, and kitchen.

Apartment dwelling. See Dwelling, multiple.

Basement and Cellar shall be used synonymously. They shall be construed to mean the lower story of a building below the main floor, wholly or partially below the surface of the ground. If a basement or cellar ceiling height is less than 3 feet above the average elevation of the finished grade of the ground immediately adjacent to the building, a basement shall not be considered as a story for purposes of height measurement, but

that portion of the ceiling height above the average elevation or finished grade of ground immediately adjacent to the building shall be included in determining the building height. If the basement ceiling height is higher than 3 feet above the average elevation of the finished grade of the ground immediately adjacent to the building, then the basement shall be construed as a story for height measurement, and the ceiling height elevation over 3 feet shall be included in computing building height.

Building. Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building, height of. For property on the east side of SR A1A, the vertical distance measured from the average dune elevation to the highest point of the roof. For property on the west side of SR A1A, the vertical distance measured from the average roadway crown elevation of SR A1A adjacent to the property to the highest point of the roof.

Building separation. The distance between two or more buildings on the same plot of land.

Ceiling height. The clear finished height between floor and ceiling shall be not less than 8 feet. However, hall, kitchen and bathroom ceilings may be dropped to provide for illumination, air conditioning and/or heat ducts. In no event is the clear finished height to be less than 7 feet in the hall, kitchen and bathroom areas.

Court. An open unoccupied space bounded or enclosed on all sides by the exterior walls of a building and clearly open to the sky, unobstructed by roof, skylight or other appendages. Area of such a court shall be included as part of the building when computing the percentage of allowable ground coverage.

Coverage. That percentage of the lot or plot ground area covered by the plan of all buildings.

Drainage. All surplus water which results from rainstorms, air conditioning systems, pool drainage and sanitary effluent.

Dune elevation. The highest averaged point of the existing natural dune prior to any construction activities as verified by field survey.

Dwelling. Any building or portion thereof which is designed for and used exclusively for family residential purposes. This definition does not include mobile or floating homes.

Dwelling, multiple-family residential. A building designed for or occupied exclusively by 2 or more families.

Dwelling, single-family residential. A building designed for or occupied exclusively by 1 family.

Family. One or more persons occupying a dwelling and living as a single housekeeping unit.

Floor area. The usable floor area of any dwelling unit, exclusive of outside walls, basements, cellars, garages, open or screened patios, porches, balconies and/or unconnected storage rooms or areas.

Garage. A covered and fully enclosed area of the building designed or used for the indoor parking of motor-driven vehicles owned and used solely by the occupants of the building and their guests.

Grade. The average elevation of State Highway A1A abutting the plot, or the elevation of the natural terrain, whichever is the higher, prior to any construction, grading or earth moving.

Home occupation. Any occupation or activity carried on by a member of the immediate family, residing on the premises, but in connection with which there is used no sign other than a name plate of the residents not more than 1 square foot in area, and/or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. It is understood that no commodity may be sold upon the premises; no person may be employed other than a member of the immediate family residing on the premises; and no mechanical equipment may be used except of a type that is similar in character to that normally used for purely domestic, household or hobby purposes. Home occupation shall include the uses of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for emergency consultation or emergency treatment but not for the practice of his or her profession.

Landscaping. Any improvement to a plot of ground, a structure, or both through the use of grass, shrubbery, trees, stones or any natural products, arranged so as to improve the natural scenery over a given tract so as to produce the best esthetic effect considering the use to which the tract is to be put. See Article XIII, §§ 12-260 through 12-266, Additions, exceptions and the like.

Living area. See definition of apartment.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter. Each lot shall be not less than 100 feet in width measured from the north and south boundaries. Lots in Zoning District RS-2 shall run from high water mark of the Atlantic Ocean westerly to the easterly boundary of the Intracoastal Waterway. Lots in Zoning Districts RM-16, RM-30, RPC and CF may run from the high water mark of the Atlantic Ocean westerly to the easterly boundary of the Intracoastal Waterway or may exist as separate properties from the high water mark of the Atlantic Ocean to the easterly right-of-way line of State Highway A1A and from the easterly boundary of the Intracoastal Waterway to the westerly right-of-way line of State Highway A1A. No lots in these zoning districts may be divided if in doing so any violation of the zoning code results. Parcels of land in Zoning District PRC shall not be defined as a lot. This definition shall apply even though different zoning may be in effect in the east and west sides of State Highway A1A. As used in this chapter, the word lot shall be synonymous with the word plot (see definition of plot below).

Measurement. Minimum floor areas shall be measured to the inside of any exterior walls.

Non-conforming use. The use of a building, or portion thereof, or land or portion thereof, which use does not conform with the use regulations of the district in which it is situated.

Parking space.

(1)

A paved area, enclosed in the main building, in an accessory building, or unenclosed on the same lot, sufficient in size to store 1 passenger automobile, exclusive of a hard surfaced driveway connecting the parking space with a street or highway and permitting ingress and egress of any automobile.

(2)

A minimum of 9 feet by 18 feet is hereby designated as a parking space.

(3)

Each parking space shall be directly accessible from an adequate aisle or driveway leading to State Highway A1A or S.E. 10th Street in the City of Deerfield Beach, without driving over or through any other parking space.

(4)

Not more than 1 vehicle shall occupy 1 parking space.

(5)

Each parking space in Residential Districts RM-16, RM-30 and RPC shall be clearly marked and shall have an approved tire bumper curb.

Penthouse.

(1)

One or more dwelling units comprising the top floor of a building.

(2)

Penthouses shall be considered and counted as a story for the purpose of height measurement of a building in determining the permissible number of stories and shall be included in the maximum allowable building height.

Plat of easterly building line. According to the map recorded in the Miscellaneous Map Book 2, Page 46, of the Public Records of Broward County, Florida.

Plot. As used in this chapter, the word plot shall be synonymous with the word lot (see definition of lot above).

Signs. See sign ordinance of the Town of Hillsboro Beach.

Story. That portion of a building, other than a cellar included between the surface of any floor and surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

Street. A public thoroughfare which affords the principal means of access to abutting property.

Structural alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, or any change in the interior partitions or walls, excepting such repair or replacement as may be required for the safety of the building.

Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, temporary billboards, back stops for tennis courts, fences, beach platforms and beach steps.

Yard. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining its width of depth, the minimum horizontal distance between the lot line and the main building shall be used.

(1)

Front yard. A yard facing State Highway A1A and extending across the full width of the plot between the north and south lot or property lines.

(2)

Rear yard, intracoastal side. A yard facing the Intracoastal Waterway and extending across the full width of the plot between the north and south lot or property lines.

(3)

Rear yard, ocean side. A yard facing the Atlantic Ocean and extending across the full width of the plot between the north and south lot or property lines.

(4)

Side yard. A yard extending from the front yard to the rear yard, between the north and south lot or property lines, and the nearest line of any building on the lot.

(5)

Side yard landscaped buffer. Each side yard shall include a landscaped buffer not less than eight (8) feet in width, adjacent to the side property line, which shall only contain landscaping, or a fence or wall as set forth in 12-263(A).

(1976 Code, Ch. 12, Div. 5, Art. III, § 1) (Ord. 167, §§ 1, 2, passed 5-4-1992; Ord. 173, § 1, passed 5-4-1993; Am. Ord. 2022-11, § 4, passed 12-6-2022; Ord. 2022-12, § 2, passed 1-10-2023)

Cross reference— Signs, see Ch. 12, Div. 6.