In order to regulate and restrict the location and use of buildings and land for residents; to regulate and restrict the height and size of buildings hereafter erected or structurally altered; to regulate the size of yards and open spaces and the density of population, the Town of Hillsboro Beach is hereby divided into districts of which there shall be 5 in number known as:

(A)

RS-2; single-family residential district;

(B)

RM-16; multiple-family dwelling residential district with 3-story maximum limit;

(C)

RM-30; multiple-family dwelling residential district with 7-story maximum limit;

(D)

RPC; private club multiple-family dwelling residential district ocean and intracoastal sides east and west of State Highway A1A;

(E)

PRC; private recreation—conservation district; and

(F)

CF; community facilities district; and

(G)

CD; coastal dune conservation district.

(1976 Code, Ch. 12, Div. 5, Art. IV, § 1; Ord. No. 2024-06, § 2, passed 10-1-2024)

RS-2 single-family residential district shall comprise the following described lands, situate, lying and being in Broward County within the confines of the Town of Hillsboro Beach, Florida:

"South 535 feet of Government Lot 4, Section 8, Township 48 South, Range 43 East, and Government Lot 1 of Section 17, Township 48 South, Range 43 East, and all of Government Lot 1 and Government Lot 5, in Section 20, Township 48 South, Range 43 East, excepting therefrom the South 300 feet described as the 'Malcolm Property'."

(1976 Code, Ch. 12, Div. 5, Art. IV, § 2)

RM-16 multiple-family dwelling residential district shall comprise the following described lands, situate, lying and being in Broward County, Florida, within the confines of the Town of Hillsboro Beach, Florida:

"All lands in the town lying north of the lot described as the north 175 feet of the south 1910 feet of government lot 4, section 8, township 48 south, range 43 east."

and

"All lands in the town, lying on the west side of State Highway A1A, beginning on the south at Hillsboro Landmark Apartments (south 213.66 feet of government lot 4, section 17, township 48 south, range 43 east) and extending through the north 110 feet of government lot 4, section 17, township 48 south, range 43 east (Southern portion of Willets property)."

and

"All lands in the town, lying on the west side of State Highway A1A, beginning on the south at Opal Towers (North 400 feet of south 935 feet of government lot 4, section 8, township 48 south, range 43 east) and extending northerly through the north 175 feet of the south 1910 feet of government Lot 4, section 8, township 48 south, range 43 east (Hillsboro Windsor Apartments)."

Less the Town Hall property (see § 12-106 for legal description).

(1976 Code, Ch. 12, Div. 5, Art. IV, § 3)

RM-30 multiple-family dwelling residential district shall comprise the following described lands situate, lying and being in Broward County, Florida, within the confines of the Town of Hillsboro Beach, Florida:

"That area of the Town lying on the east side of State Highway A1A, beginning on the south at Hillsboro Landmark (south 213.66 feet of government lot 4, section 17, township 48 south, range 43 east) and extending through the north 110 feet of government lot 4, section 17, township 48 south, range 43 east (southern portion of Willets property)."

"That area of the town lying on the east side of State Highway A1A, beginning on the South at Opal Towers (North 400 feet of South 935 feet of government lot 4, section 8, township 48 south, range 43 east) and extending northerly through the north 175 feet of the south 1910 feet of government lot 4, section 8, township 48 south, range 43 east (Hillsboro Windsor Apartments)."

(1976 Code, Ch. 12, Div. 5, Art. IV, § 4)

"The south 300 feet of government lot 5, section 20, township 48 south, range 43 east and the 533.8 feet of government lot 1 being adjacent to north of a 2-acre tract of land sold to the United States Government for a right-of-way located in government lot 1, section 29, township 48 south, range 43 east, Broward County, Florida."

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

"All that portion of the town lying west of the mean high water line and easterly of the easterly building line as described according to the map recorded in the miscellaneous map book 2, page 46, of the public records of Broward County, Florida."

(1976 Code, Ch. 12, Div. 5, Art. IV, § 6)

"The south 200 feet of the north 1700 feet of government lot 1, lying west of state road a1a right of way in section 8, township 48 south and range 43 East, said lands lying in Broward County, Florida (Town Hall property)."

(1976 Code, Ch. 12, Div. 5, Art. IV, § 7)

(A)

Purpose. The intent and purpose of creating a Coastal Dune Conservation District (CD) is to implement the Town's legislative priority of protecting its beaches and existing dune system both of which are essential to the barrier island upon which the Town of Hillsboro Beach is located. To accomplish this objective, the Coastal Dune Conservation District is designed to protect and preserve environmentally sensitive lands that exist within the Town by providing the ability for property owners to develop their lands while promoting the preservation of space and the creation of conservation areas and preserving the integrity of the Town's vitally important environmental coastal resources. To accomplish these objectives, the CD District requires the preservation of existing conservation areas, the development and extension of the existing dune system and important natural resources, greater setbacks and open space all in exchange for greater height than allowed within the Town's other zoning districts. Because the heights authorized and setbacks required by this district are best suited for larger parcels, the district is only appropriate for developments comprising of five (5) gross acres of land or more. The land under common ownership on the east and west sides of SR A1A is eligible for this zoning district even where the conservation area is solely located on lands east of SR A1A.

(B)

Qualifying Developments. The CD District is appropriate for developments constructed in whole or in part on land meeting the following requirements:

(1)

Designated as "Residential Medium" on the Town's Future Land Use Map; and

(2)

Includes a Local Area of Particular Concern ("LAPC") as designated on the Nature Resource Map Series of the Broward County Land Use Plan consisting of thirty (30%) percent or more of the land to be rezoned or, alternatively the designation of a conservation easement in favor of Broward County or the Town of Hillsboro Beach consisting of thirty (30%) percent or more of land to be rezoned; and

(3)

Shall be no less than five (5) gross acres or more.

(C)

Uses Permitted. Those uses permitted within the CD shall be those uses as allowed within the RM-16 Multiple-Family Residential Dwelling District, including any uses permitted accessory thereto including accessory structures, recreational uses, private amenities, and docks and piers as described in Sec. 12-141.

(D)

Height Regulations. For property on the east side of SR A1A, no building or structure shall be erected or altered to a height exceeding 130 feet above the dune elevation and shall not exceed ten (10) stories above the existing dune elevation or dune system to be created. For property located on the west side of SR A1A, no building or structure shall be erected or altered to a height exceeding 35 feet and shall not exceed 3 stories above the roadway crown elevation of SR A1A adjacent to the property.

(1)

Exclusions. The height limitations of this article shall not apply to: master radio or television antennae, chimneys, flag poles, or elevator components.

(2)

Decorative Features. Purely decorative features such as cupolas, towers, railings, not including signs, nor containing any living areas and not covering more than 20 percent of the roof area may be erected to an additional height not to exceed 15 feet, provided that the overall height of the building or structure shall not exceed 145 feet for property on the east side of SR A1A and 50 feet for property on the west side of SR A1A.

(3)

Shade Features and Landscaping. Pergolas (or similar shade features), planters, and landscaping shall be exempt from the 20 percent roof area limitation set forth in D(2) above.

(E)

Parking Regulations. Shall be the same as described in Sec. 12-143 as amended from time to time which is incorporated by reference into this section.

(F)

Yard Regulations. For purposes of yard calculations within the CD District, given the presence of coastal dunes or areas to be designated for coastal dunes within it, grade shall be defined for property on the east side of SR A1A as the average dune elevation and for property on the west side of SR A1A as the roadway crown elevation of SR A1A adjacent to the property.

(1)

Exclusions. The yard regulations of this article shall not apply to:

(a)

Master radio or television antennae, chimneys, flag poles, or elevator components.

(b)

Purely decorative features such as cupolas, towers, railings, not including signs, nor containing any living areas.

(c)

Pergolas (or similar shade features), planters, and landscaping.

(2)

Front Yard. Every plot shall have a front yard of not less than 100 feet in depth measured from the center line of State Highway A1A for structures more than 15 feet above grade and 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.

(3)

Side Yard. For property on the east side of SR A1A, there shall be a side yard on each side of the building having a width of not less than 100 feet measured from the roof overhang and a minimum side yard of 35 feet for structures or portions of structures equal to or less than 15 feet above grade. For property on the west side of SR A1A, there shall be a side yard on each side of the building having a width of not less than 25 feet measured from the roof overhang.

(4)

Rear Yard. No building or part of building shall be erected closer than 15 feet to the easterly right-of-way line of the Intracoastal Waterway, or 15 feet east of any seawall which is erected east of the easterly right-of-way line of the Intracoastal Waterway or easterly beyond the line shown on the plat of easterly building line.

(G)

Area and Density Regulations.

(1)

Plot Size. Every plot for a multiple-family residential dwelling shall not be less than 300 feet in width, not less than 100 feet in depth, and contain not less than 217,800 square feet (five acres) in area.

(2)

Plot Density. Every plot shall have a maximum gross density of ten (10) dwelling units per acre.

(3)

Ground Coverage. Ground coverage of building or building above ground, shall not exceed 30 percent of the total area of the plot. Driveways and parking areas which must be paved shall not exceed 15 percent of the total area of plot.

(4)

Open Area. Every site plan approved within the CD District shall include:

(a)

A minimum of 55 percent of the total area set aside for open recreational and green areas.

(b)

A maximum of 15 percent of the total area set aside as a paved recreational area, which will include, but not be limited to swimming pools, pool decks, shuffleboard and racquet courts.

(c)

A minimum of 35 percent of the total area shall be set aside as a green area. All green areas shall be planted and maintained in lawn and/or landscaping.

(H)

Floor Area Regulations. Shall be the same as described in Sec. 12-146 as may be amended from time to time which are incorporated by reference into this section.

(I)

Emergency Power Requirements. Shall be the same as described in Sec. 12-147 as may be amended from time to time which are incorporated by reference into this section.

(J)

Storage Requirements. Shall be the same as described in Sec. 12-148 as may be amended from time to time which are incorporated by reference into this section.

(K)

Employee Sanitary Requirements. Shall be the same as described in Sec. 12-149 as may be amended from time to time which are incorporated by reference into this section.

(L)

Site Plan Approval. Upon the favorable determination by the planning director that a site plan complies with the requirements of this district, the Commission shall be authorized to approve a site plan together with a rezoning to the CD District.

(1976 Code, Ch. 12, Div. 5, Art. IV, § 8; Ord. No. 2024-06, § 3, passed 10-1-2024)

(A)

All areas within the corporate limits of the Town of Hillsboro Beach which are under water and not shown as included within any district, shall be subject to all of the regulations of the district which immediately adjoins the water area.

(B)

If the water area adjoins 2 or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

(1976 Code, Ch. 12, Div. 5, Art. IV, § 9)

Except as hereinafter provided:

(A)

District purpose. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located;

(B)

District height limits. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located;

(C)

Conformity to area regulations. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located;

(D)

Minimum yard, open space and lot area per family regulations. The minimum yard requirements, and other open space requirements, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced beyond the district requirements of this article;

(E)

Minimum size and number of parking spaces. No reduction shall be made in any manner in the minimum size, or number of parking spaces required in this article, irrespective of whether they are existing when this chapter is adopted or if subsequently established;

(F)

Provision for building location. Every building hereafter erected or structurally altered shall be located on a lot as herein elsewhere defined and in no case shall there be more than 1 main building on 1 lot in RS-2 Single-Family Residential District unless otherwise provided in this article;

(G)

Mobile home restrictions. No building, or structure of any nature whatsoever, including trailers and mobile homes, shall be moved within or into a lot or plot in the Town of Hillsboro Beach for residential purposes;

(H)

Materials and equipment. No used materials or equipment of any nature whatsoever shall be used in the construction or alteration of any building except used brick and authenticated antiques; and

(I)

Architectural conformity. No building shall be erected, converted, enlarged, reconstructed or structurally altered except in general conformity with the architectural style of adjacent buildings and buildings of the Town of Hillsboro Beach.

(1976 Code, Ch. 12, Div. 5, Art. IV, § 10)

The Town Commission of Hillsboro Beach recognizes that while commercial uses are not permitted in the Town, certain commercial uses deemed to be consistent with the residential character of the Town may be approved only as a conditional use authorized by this article.

(A)

Procedure. Conditional uses shall be subject to approval of the Town Commission and no conditional use shall be approved until after a public quasi-judicial hearing by the Town Commission, at which time all interested parties shall have an opportunity to be heard.

(B)

Site plan. A site plan shall be submitted. In addition traffic generation data shall be included.

(C)

Review criteria. The Town Commission shall not approve a conditional use, unless and until it determines that:

(1)

The conditional use is deemed desirable for the public convenience or welfare, and the use is in harmony with the purpose and intent of this Article and will not be detrimental or injurious to the surrounding area;

(2)

When granting approval for conditional use, the Town Commission may attach conditions and safeguards as it determines is necessary for the protection of the surrounding area and to preserve the spirit and intent of this article.

(3)

The conditional use shall be an accessory use to a hotel use and not occupy more than 10% of the total square footage of the building exclusive of any parking areas.

(4)

An application for a conditional use must also meet all of the following criteria, where appropriate:

(a)

Conformance with comprehensive plan.

(b)

Harmony with adjacent uses (existing or zoned).

(c)

Facility levels of service maintained.

(d)

Use not hazardous to nearby housing, particularly traffic; see (B) above.

(e)

The architectural and site design are compatible with the character of the surrounding area.

(f)

All food and beverages served to patrons of a hotel shall be prepared in an enclosed kitchen and/or bar.

(g)

Cash and credit card payments shall not be accepted. All payment shall be made utilizing a payment system of key cards or charges to a hotel room or a motel room.

(5)

All approvals or denials shall be evidenced by a development order. The development order shall state the basis for approval or denial and in the case of approval shall set forth any conditions the Town Commission deems appropriate. The development order shall be recorded in the public records of Broward County by the town at the expense of the applicant.

(D)

Conditional use approval amendments. A conditional use approval is specific to the density, intensity, site plan and any supplemental conditions approved. Failure to adhere to any of the specifics or conditions of the approval is a zoning violation and subject to code enforcement action and/or revocation of the conditional use approved. Any proposed modification to the use which affects density, intensity, minimum code or conditions approved by the Town Commission will require review and approval by the Town Commission.

(E)

All commercial uses not otherwise identified below shall be considered prohibited uses within the Town. The following commercial uses as defined in this section shall be approved only as a conditional use.

(1)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning and shall be approved only as a condition use:

Restaurant shall mean any establishment where facilities are provided for preparing and serving food to guests at a hotel or motel. At least 51 percent of total gross revenues must be derived from retail sale on the licensed premises of food and non-alcoholic beverages. Proceeds of catering sales and special event sales shall not be included in the calculation of total gross revenues. Catering sales and special event sales include food or non-alcoholic beverage sales prepared by the licensee on the licensed premises for service by the licensee outside the licensed premises or on the licensed premises. The tables must be of adequate size to accommodate the service of full course meals in accordance with the number of chairs or other seating facilities provided at the table. Sale of alcoholic beverages for off-premise consumption is not permitted. In no instance shall a seating area in a restaurant contain more than 1,000 SF.

Restaurant bar means a bar operated in connection with a restaurant and by the same management, where the principal business is the serving of meals and where meals are actually and regularly served, having accommodations for service of not more than 50 or more patrons at tables, such space being provided and equipped with adequate and sanitary kitchen and dining room equipment. The restaurant bar must be directly connected with such dining room. The sale of beers, wines, and liquors shall be strictly incidental to the serving of food. No sign of any kind or character shall be displayed on the restaurant or restaurant bar to the outside, denoting that alcoholic beverages are sold therein.

Special event shall include, but not be limited to, weddings, bar mitzvahs, and any other social event conducted above and beyond the normal operation of the restaurant. Events sponsored by a hotel for its registered guests shall not be considered a "special event."

(2)

Conditional uses and use approvals.

(a)

Restaurant, restaurant bars, hotel or motel bars, and any additions to the building or parking for such restaurants or bars, may be permitted only as a conditional use in accordance with this article and subject to the approval of the Town Commission after a public hearing at a regular public meeting. The approval of a conditional use may be subject to any conditions determined by the Town Commission to be in the best interest of the residents of the Town.

(3)

Enforcement.

(a)

The penalty for a violation of this article shall be as provided by F.S. Ch. 162 or;

(b)

The Town Attorney, with authorization from the Town Commission, may bring suit on behalf of the Town to enjoin any violation of this article or;

(c)

A violation of the conditional use approval may result in the revocation of a conditional use notwithstanding the fact that the conditional use approval runs with the land and the fee simple title to the land has been conveyed to a successor in interest.

(Ord. 240, passed 4-1-2008; Ord. 2021-03, § 2, passed 6-1-2021)

(A)

Authority, scope and purpose. This section is enacted under the home rule power of the town in the interest of the health, peace, safety and general welfare.

This section does not prohibit vacation rentals, or the duration or frequency of vacation rentals, nor is it the intention of the town to do so, but rather this section is intended to address life safety and compatibility concerns in the interests of the health, peace, safety, and general welfare.

(1)

Findings of facts. Based on information gleaned from the practical first-hand experience and observations of Town Commissioners, common sense deductions of Town Commissioners based on long term experiences in Hillsboro Beach, information learned by Town Commissioners from various residents, information from the U.S. Census and from the Short-Term Rental Housing Restrictions White Paper, prepared by Robinson & Cole, Attorneys at Law, in 2011, prepared for the National Association of Realtors®, the Town Commission finds:

(a)

Residents residing within their residential dwellings are inherently familiar with the local surroundings, local weather disturbances, local hurricane evacuation plans, and means of egress from their residential dwellings, thereby minimizing potential risks to themselves and their families.

(b)

In contrast, transient occupants of vacation rentals, due to their transient nature, are typically not familiar with local surroundings, local weather disturbances, local hurricane evacuation plans, and means of egress from the vacation rentals in which they are staying, thereby increasing potential risks to themselves and their families, and putting an additional burden on, and potentially putting at risk, emergency personnel in the event of an emergency situation.

(c)

Vacation rentals, left unregulated, can create negative impacts within a residential neighborhood due to excessive noise, parking and traffic problems, excessive use and impact on public services and public works, extreme size and/or greater occupancy.

(d)

Vacation rentals situated within a residential neighborhood can disturb the quiet nature and atmosphere of the residential neighborhood, and the quiet enjoyment of its residents.

(e)

Vacation rentals located within established residential neighborhoods can create negative compatibility impacts relating to extreme noise levels, late night activities, on-street parking issues and traffic congestion.

(f)

According to the 2010 U.S. Census, the town has an average household size of 1.66 persons.

(g)

According to the 2010 U.S. Census, the town has an average family size of 2.14 persons.

(h)

Vacation rentals situated in a single-family residential neighborhood can and do create a great disparity in occupancy.

(i)

The presence of on-site management militates against the negative impacts of vacation rentals.

(2)

Definitions. The following terms as used in this section are defined as set forth hereinafter:

Bedroom means any room in a vacation rental which has a bed or other place for sleeping and a separate closet that is an integral part of the permanent construction within the bedroom or an en suite bathroom, and complies with the Florida Fire Code and Florida Life Safety Code as a bedroom, but shall not include a bathroom, a kitchen, a dining room, or any main living area. If a room has been added, altered, or converted without any required building permit having been granted, such room shall not be deemed a bedroom. If a previously approved bedroom in an existing vacation rental exists as of the effective date of this Code, and does not have a separate closet that is an integral part of the permanent construction of the structure, but rather utilizes an armoire or other furniture piece for clothing storage, the requirement for a closet to qualify as a bedroom is waived.

Occupant means any person who occupies a vacation rental overnight.

On-site management means an office located at the site of a transient public lodging establishment that has, no less than eight (8) hours per day, seven (7) days a week, a person or persons physically present on site for purposes of supplying management, rental, and/or maintenance services for that particular transient public lodging establishment, and, when the office is closed, has a person who is available upon one hour's phone notice to return to the transient public lodging establishment to supply management or maintenance services.

Owner occupied means the vacation rental is then occupied by person(s), at the vacation rental owner's consent, who do not pay rent for the occupancy of the vacation rental, when such persons are members of the family of the vacation rental owner. Family shall be defined as any number of individuals related by blood, marriage or legal adoption, and not more than four persons not so related, living together as a single housekeeping unit. Foster children are considered part of a family.

Transient public lodging establishments means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.

Vacation rental is collectively a vacation rental as defined under Florida Statutes, and any transient public lodging establishment that does not have on-site management, which is located in any zoning district of the town.

Vacation rental owner is the fee simple owner of the vacation rental, whether an individual, partnership, corporation, limited liability company, trust, or other entity. In the event the vacation rental owner is not an individual, each and every person who owns 20 percent or more of the equitable interest in the vacation rental shall also be deemed a vacation rental owner. The duties and functions of a vacation rental owner may, at the option of the vacation rental owner, be performed by an agent of the vacation rental owner, so long as the vacation rental owner notifies the town in writing, on a form provided by the town, of the identity and contact information of such agent, and the specific duties that the agent will be performing for the vacation rental owner. The vacation rental owner may change the designation of agent at any time through the filing of a new form and the payment of an administrative fee in an amount as set by resolution by the Town Commission. The vacation rental owner shall be held responsible for all actions of such designated agent with respect to the applicable vacation rental.

(3)

Enforcement. Violations of the provisions of the Code of Ordinances relative to vacation rentals shall be enforced in accordance with the provisions of Chapter 2 Article VI of the Code of Ordinances, and through fines in accordance with ordinances and resolutions adopted by the Town Commission.

(4)

Appeals. Any decision of the Special Master shall be final and shall be rendered in writing in appealable form. Such final decision may be reviewed as permitted under Florida law.

(5)

Construction of section. This section shall be liberally construed to accomplish its purpose of regulating vacation rentals, protecting the residential character of Hillsboro Beach, the health, safety, and general welfare of its residents and visitors, and the quiet enjoyment by Hillsboro Beach's residents of their residential property.

(Ord. 2017-300, § 2, passed 11-14-2017; Ord. 2020-03, § 2, passed 6-2-2020)

(A)

Registration required. Prior to the initiation of operating as a vacation rental and prior to January 1 for each subsequent year, a vacation rental owner, either personally or through an agent, shall register with the town utilizing forms promulgated by the town. The town may extend the date that such registration is required by notice on the town's website. A separate registration shall be required for each vacation rental. The operation of a vacation rental without registration after the date registration is required shall be a violation of this section, except in the instance of providing accommodations to fulfil a pre-existing contract as provided hereinafter. Every day of such operation without registration shall constitute a separate violation.

(1)

A vacation rental owner or agent, as applicable, registering a vacation rental with the town shall submit to the town a completed registration form, utilizing a form promulgated by the town, together with a registration fee in the amount set by resolution of the Town Commission.

(2)

A registration shall include the following submittals:

(a)

A completed vacation rental registration form.

(b)

Payment of applicable fee.

(c)

A copy of the vacation rental's current and active license as a transient public lodging establishment with the Florida Department of Business and Professional Regulation, if the registrant is required to have such license.

(d)

A copy of the vacation rental's current and active certificate of registration with the Florida Department of Revenue for the purposes of collecting and remitting sales surtaxes, transient rental taxes, and any other taxes required by law to be remitted to the Florida Department of Revenue.

(e)

Evidence of the vacation rental's current and active account with the Broward County Tax Collector for the purposes of collecting and remitting tourist development taxes and any other taxes required by law to be remitted to the Broward County Tax Collector.

(f)

Exterior site sketch. An exterior sketch of the vacation rental facility shall be provided. The sketch shall show and identify all structures, pools, spas, hot tubs, fencing, and uses, including areas provided for off-street parking. For purposes of the sketch, off-street parking spaces shall be delineated so as to enable a fixed count of the number of spaces provided. At the option of the vacation rental owner, such sketch may be hand drawn, and need not be professionally prepared.

(g)

Interior building sketch by floor. A building sketch by floor shall be provided, showing a floor layout identifying all bedrooms, other rooms, exits, hallways, stairways, as applicable. At the option of the vacation rental owner, such sketch may be hand drawn, and need not be professionally prepared.

(3)

If a registration form is incomplete, the registrant will be notified of the deficiency, and be allowed ten (10) days to provide any missing information or fees.

(B)

Modification of vacation rental registration. An amendment of a vacation rental registration shall be required in the event that any of the following changes to the vacation rental are proposed:

(1)

An increase in the number of bedrooms in the vacation rental.

(2)

An increase in the maximum occupancy of the vacation rental.

(3)

An increase or decrease in the number of parking spaces, or a change in the location of parking spaces for the vacation rental.

(4)

A change in ownership of the vacation rental.

(C)

Duration of vacation rental registration. A vacation rental registration shall be valid for one (1) year after the date of registration.

(D)

Renewal of vacation rental registration. A vacation rental owner must renew its registration annually prior to the expiration date of the previous vacation rental registration.

(E)

Inspection of vacation rentals.

(1)

Inspection of a vacation rental to verify compliance with the Florida Building Code, and the Florida Fire and Life Safety Codes, which governed at the time of completion of the subject construction, shall be required subsequent to the initial registration of the vacation rental, and annually after each renewal. If instances of noncompliance are found, all such instances of noncompliance shall be handled as other violations of the Florida Building Code and Florida Fire and Life Safety Codes are otherwise handled in the town. These requirements will not be imposed so as to affect contracts that pre-exist the effective date of the ordinance from which this section is derived.

(2)

Annual inspections shall be made by the town through appointment with the vacation rental owner or agent, as applicable. If a town inspector has made an appointment with vacation rental owner or agent, as applicable, for an inspection, and the town inspector is unable to complete the inspection as a result of an action or inaction of the vacation rental owner or agent, or an occupant of the vacation rental, the vacation rental owner shall be charged a "re-inspection" fee in an amount set by resolution of the Town Commission to cover the inspection expense incurred. The re-inspection fee shall be paid prior to scheduling the re-inspection. In addition, failure of a vacation rental owner or agent, as applicable, to make the vacation rental available for an inspection within twenty (20) days after notification by the town in writing that the town is ready to conduct the annual inspection, shall be a violation of the Code of Ordinances punishable by a fine as may be determined by the Special Master. Such violation shall continue until the inspection is accomplished. Each day that such violation continues shall be a separate violation.

(F)

Transfer of vacation rental registration. Vacation rental registrations are transferable only when the ownership of the vacation rental is sold or otherwise transferred, and the new owner has filed a modification of the registration with the town within thirty (30) days from the date of the sale or transfer. Failing such modification of the registration, any outstanding vacation rental registration as to that vacation rental shall be null and void on the thirty-first (31 ^st ) day after such sale or transfer.

(G)

Vested rights/waiver/estoppel. A vacation rental registration shall not be construed to establish any vested rights or entitle the registered vacation rental to any rights under the theory of estoppel. A vacation rental registration shall not be construed as a waiver of any other requirements contained within the Town of Hillsboro Beach Town Code or Comprehensive Plan, and is not an approval of any other code requirement outside this section. The registration of a vacation rental is not an approval of a use or activity that would otherwise be illegal under Florida law, the Florida Building Code, the Florida Fire Code or Life Safety Code, or in violation of the Hillsboro Beach Town Code or Comprehensive Plan.

(H)

Duties of vacation rental owner. Every vacation rental owner or agent, as applicable, shall be available by landline or mobile telephone answered by the vacation rental owner or agent at the listed phone number 24-hours a day, seven days a week to respond to police, fire or other emergency personnel requests. Otherwise, response to contact by the town's regulatory personnel shall be required only Monday through Saturday, 9 a.m. to 5 p.m. Failure of the vacation rental owner or agent, as applicable, to fulfil this duty, shall be a violation of this section which shall be punished by fine as set by resolution of the Town Commission.

(Ord. 2017-300, § 3, passed 11-14-2017)

The standards and requirements set forth in this section shall apply to the rental, use, and occupancy of vacation rentals in the town.

(A)

Minimum safety and operational requirements. Vacation rentals in the town shall meet the applicable standards under the Florida Statutes, Florida Building Code and the Florida Fire Code and Life Safety Code, and each vacation rental shall have at least one landline telephone with the ability to call 911.

(B)

Maximum occupancy based on site capacity/limitations/grandfathering.

(1)

The maximum occupancy of a vacation rental shall be stated in the vacation rental registration form, and shall be limited to the lesser of:

(a)

Two persons per bedroom that contains one hundred (100) square feet or more, (counting only those rooms that meet the definition of bedroom herein), plus one person per bedroom that contains no less than seventy (70) square feet, but less than one hundred (100) square feet, (counting only those rooms that meet the definition of bedroom herein), plus two persons.

(b)

A total of eight (8) occupants per vacation rental. In the event there is more than one building or dwelling on one platted lot, the maximum occupancy shall be capped at eight (8) occupants per lot or structure, whichever is less.

(2)

The maximum occupancy restriction as set forth above shall not apply when the property is owner occupied by the vacation rental owner.

(3)

Notwithstanding the above, a vacation rental that was used as a vacation rental as of the effective date of this section may apply for the status of grandfathered for a period of five (5) years, as to occupancy limitations, and may cap its occupancy based upon the following criteria and procedures. Vacation rentals that have an occupancy of eight (8) or less as determined according to this section will not require grandfathering to maintain that occupancy.

(a)

A grandfathered vacation rental shall have its maximum occupancy based upon two persons per bedroom (each bedroom must meet the definition of bedroom herein) at the time of application for grandfather status. A change in the number of bedrooms at the vacation rental shall cause such vacation rental to lose its grandfathered status.

(b)

The vacation rental owner, or agent, as applicable, ("grandfathering applicant"), shall complete a grandfathering application as prescribed by the town, which shall be submitted under oath and upon penalty of perjury, and provide verifiable written proof of the number of bedrooms as herein defined in the vacation rental.

(c)

The grandfathering application and supporting proof shall be submitted to town for review by town staff, and such staff shall make a written determination as to the maximum occupancy of such grandfathered vacation rental.

(d)

If the town staff fails to confirm the requested occupancy level, the town shall notify the grandfathering applicant of that fact, and the occupancy level that can be approved, in writing. Within twenty (20) days after such notice, an evidentiary hearing may be requested by the grandfathering applicant before the Special Magistrate to provide the grandfathering applicant an opportunity to provide evidence and/or testimony in support of the occupancy requested. A determination by the Special Magistrate after such evidentiary hearing shall be final. If no hearing is requested during that time period, the occupancy level shall be set at the level determined by the town staff upon initial review.

(e)

An application for grandfathering shall be submitted, if at all, by no later than the time of registration of the vacation rental, but not later than three (3) months after adoption of the subject ordinance. If the town extends the date that registration is required, the deadline for the application for grandfathering shall also be extended to the same extended date. If a vacation rental has been registered, but a final determination as to the occupancy level based upon grandfathering has not yet been made, such vacation rental may allow occupancy up to the occupancy requested in the grandfathering application until such time as a final determination as to occupancy has been made.

(f)

If it is reasonably determined by the town staff that any information supplied to the town in support of an application for grandfathering was intentionally false or fraudulent, the person supplying the false or fraudulent information shall be subject to a fine as set by the Town Commission by resolution. If there is such a determination by town staff, the town shall notify the grandfathering applicant of that fact, and within twenty (20) days after such notice, an evidentiary hearing may be requested by the grandfathering applicant before the Special Magistrate to provide the grandfathering applicant an opportunity to provide evidence and/or testimony to show that the information supplied in support of the application for grandfathering was not intentionally false or fraudulent. The determination by the Special Magistrate after such evidentiary hearing shall be final. If no hearing is requested during that time period, the initial determination by the town staff shall be final.

(g)

If a vacation rental registration does not exist as to a vacation rental for a period in excess of thirteen (13) months, any grandfathering determination shall be deemed abandoned, and shall no longer be applicable to that vacation rental.

(C)

Vacation rental agreements—Minimum provisions. Vacation rentals shall be rented, leased or occupied pursuant to a written rental agreement which contains, at a minimum, the following information:

(1)

Maximum occupancy of the vacation rental that is consistent with the vacation rental registration.

(2)

The maximum number of vehicles that will be allowed to park at the vacation rental. Such number of vehicles shall not exceed the number of parking spaces located at the vacation rental as shown in the sketch submitted with the vacation rental registration, plus any other legal parking spaces that the vacation rental owner can show are available to the vacation rental.

(3)

A statement that a sketch of the permitted off-street parking locations where occupants may park according to the vacation rental registration sketch and any other legal parking spaces available to the vacation rental will be posted at the vacation rental.

(4)

A statement that all occupants must promptly evacuate from the vacation rental upon posting of any evacuation order issued by state or local authorities.

(5)

A copy of a document to be supplied by the town which includes excerpts from town ordinance provisions of general application relevant to vacation rentals to include solid waste pick-up regulations, regulations related to sea turtles and sea turtle lighting, as specified by resolution of the town, as a lease addendum. The town will make available to vacation rental owners and agents a copy of such document in digital format upon request, and the town will post such document on its website.

(D)

Required providing of vacation rental and local information—Posting.

(1)

In each vacation rental, there shall be provided, in a prominent location, the following written information:

(a)

The name, address and phone number of the vacation rental owner or agent, as applicable.

(b)

The maximum occupancy of the vacation rental.

(c)

A copy of a document to be supplied by the town which includes excerpts from town ordinance provisions of general application relevant to vacation rentals to include solid waste pick-up regulations, regulations related to sea turtles and sea turtle lighting, as specified by resolution of the town, as a lease addendum. The town will make available to vacation rental owners and agents a copy of such document in digital format upon request, and the town will post such document on its website.

(d)

The maximum number of vehicles that can be parked at the vacation rental, along with a sketch of the location of the off-street parking spaces.

(e)

The days and times of trash pickup.

(f)

The location of the nearest hospital.

(2)

There shall be posted, next to the interior door of each bedroom a legible copy of a building evacuation map—Minimum 8-½ inches by 11 inches.

(Ord. 2017-300, § 4, passed 11-14-2017)

Exemption for pre-existing rental agreements. Notwithstanding any other provision of this section, rental agreements with prospective occupants for vacations rentals that were pre-existing as of the enactment of this section, (hereinafter "pre-existing agreements") are exempt from the provisions of this section.

If a vacation rental is cited for a violation of the provisions herein, (that would not be a violation if it were not for this section), when the vacation rental is occupied under the terms of a pre-existing agreement, the vacation rental owner may defend such violation based on the fact that the vacation rental was exempt from the Code of Ordinances due to it being occupied pursuant to a pre-existing agreement. Such defense shall be determined based upon the following information, and upon any additional information supplied by the vacation rental owner or otherwise determined by the fact finder:

(1)

Copy of deposit or payment information evidencing that the agreement was a pre-existing agreement.

(2)

Copy of email or other communication evidencing a binding pre-existing agreement.

(3)

Information from the occupant confirming that there was a binding agreement in a time-frame to make the agreement as pre-existing agreement under this section.

If it is reasonably determined by the town staff, and confirmed by the town's Special Magistrate that any information supplied to the town in support of an application for exemption, or in support of a defense based upon pre-existing agreement, was intentionally false or fraudulent, the person supplying the false or fraudulent information shall be subject to a fine as set by the Town Commission by resolution.

(Ord. 2017-300, § 5, passed 11-14-2017)