The regulations set forth in this article, or set forth elsewhere in this chapter when referred to in this article, are the district regulations in the RS-2 Single-Family Residential District.

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

A building or premises shall be used only for the following purposes:

(A)

Single-family residential dwellings;

(B)

Accessory buildings; and

(C)

Home occupations.

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

For property east of SR A1A, no building shall exceed 35 feet in height above the dune elevation. For property west of SR A1A, no building shall exceed 35 feet in height above the roadway crown elevation of SR A1A adjacent to the property.

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

Whenever a single-family dwelling is erected or reconstructed, there shall be provided a minimum of two (2) solidly enclosed and covered parking spaces, and one unenclosed parking space, excluding driveway space. One additional unenclosed parking space shall be required for building areas exceeding 5,000 square feet of habitable area, excluding garage space utilized for parking, and one additional unenclosed parking space shall also be required for each additional 5,000 square feet, for visitor parking and service vehicles. Such unenclosed parking spaces shall not be located within the minimum eight (8) foot wide side yard landscaped buffer, nor closer than twenty-five (25) feet to center line of State Highway A1A. Portions of driveways designated for use as a required unenclosed parking space must have a minimum width of eighteen (18) feet. Parking areas and driveways must be paved or other material as approved by the Town Commission, and must have drainage or sump to ensure no runoff or flow of water into State Highway A1A or adjoining properties. Parking areas must be shielded from State Highway A1A with landscaping of a minimum height of six (6) feet at the time of planting, and the parking space shall be appropriately landscaped with grass, trees or shrubbery. A minimum of 10 feet in width, immediately adjacent to the paved edge of State Highway A1A and adjoining bicycle lane, shall consist of ground cover landscaping which naturally grows and/or can be maintained at a height no less than eighteen (18) inches and no greater than thirty (30) inches, so as to prevent the use of the space for parking, and this 10-foot area shall be clear and contain no obstructions. Exceptions to the 10-foot requirement:

(A)

In any area of the Town of Hillsboro Beach in which there is not more than 15 feet distance between the westerly paved edge of State Highway A1A and adjoining bicycle lane and the mean high water line along the easterly shore of the Intracoastal Waterway, only one (1) parallel paved parking space, not more than 10-feet by 20-feet in dimension, shall be permitted. The remainder of this area shall consist of ground cover landscaping which naturally grows and/or can be maintained at a height no less than eighteen (18) inches and no greater than thirty (30) inches. No additional parking, other than for emergency purposes, shall be permitted in any of the areas to which this exception applies;

(B)

Frangible, vertical markers;

(C)

Rounded domes not exceeding 12 inches in diameter, not more than 6 inches high, and spaced not less than 6 feet apart;

(D)

Mirrors, on posts not exceeding 4 inches by 4 inches;

(E)

Mailboxes; and

(F)

Vegetation.

(1976 Code, Ch. 12, Div. 5, Art. V, § 4) (Am. Ord. 223, passed 7-11-2006; Am. Ord. 2022-11, § 5, passed 12-6-2022)

(A)

Front yard. On the east and west sides of State Highway A1A there shall be an open yard having a depth of not less than 85 feet from the center line of the State Highway A1A. Exception: up to 2 air conditioning compressors, pool pumps and pool heaters may be placed in the front yard a minimum of 45 feet from the center line of State Highway A1A provided that item (B)(2) below is complied with. An emergency generator may also be placed in this area provided it complies with item (B)(2) below.

(B)

Side yard. There shall be a minimum side yard on each side of the building, having a width of not less than 15 feet measured from the roof overhang, or 6 inches per foot of building height, whichever is the greater.

(1)

Landscaping. Each side yard shall include a minimum eight (8) foot wide side yard landscaped buffer which shall consist solely of landscaping as defined in Sec. 12-90, so as to create a privacy screening effect, to include:

(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.

(2)

Encroachments into side yards. Unless otherwise provided in the Code of Ordinances, only the following structures are allowed in the minimum required side yard, but not within the minimum eight (8) foot wide side yard landscaped buffer.

(a)

Air conditioning equipment, pool equipment and pool heaters may be placed in the side yard provided that:

(i)

None shall be separated from the primary structure a greater distance than is necessary for installation, operation and maintenance thereof as determined by manufacturers' specifications;

(ii)

Landscaping shall screen all such accessory equipment from horizontal view from all points off the lot on which situated.

(iii)

Equipment that emits noise, odors or fumes shall be fully shielded and screened in such a way to minimize such noise, odor or fumes as required by the Building Official prior to the issuance of a permit.

(b)

Open unenclosed staircases and walkways, pursuant to Section 12-262(D).

(c)

Parking areas, connected to but apart from a driveway street entrance or exit as defined in Section 12-263(B), and pursuant to Section 12-123.

(3)

Generators and athletic play areas shall not be permitted in the minimum required side yard, and their location or future proposed location shall be provided on a site plan.

(C)

Rear yard, ocean front. No building or part of a building shall extend easterly beyond a line as shown on plat of easterly building line as defined herein. Retaining walls, fences, barricades, whether connected with the buildings or for the improvement of lots shall not be built, erected or constructed closer than the building setback line as shown on the plat.

(D)

Rear yard, intracoastal side. No 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.

(E)

Fences and walls. No fence, wall or structure shall be erected, placed or maintained on any lot within the side yard, rear yard or front yard, except as hereafter provided in Article XIII, Section 12-263(A).

(1976 Code, Ch. 12, Div. 5, Art. V, § 5) (Ord. 193, § 1, passed 7-7-1998; Am. Ord. 261, passed 5-1-2012; Am. Ord. 2022-11, § 6, passed 12-6-2022)

Every lot or tract of land hereafter occupied by a use permitted in this district shall have an area of not less than 20,000 square feet and an average width of not less than 100 feet measured between the north and south lot or property lines. Maximum gross density shall not exceed 2 dwelling units per acre.

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

Every single-family dwelling hereafter erected shall contain a floor area of not less than 2,000 square feet of enclosed living space, excluding basement, cellar porches, garage and/or unconnected storage rooms and areas.

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

Accessory buildings shall conform to the architectural style of the main dwelling, or be typical of the use to which they are put such as green houses, orchid houses and/or similar structures for this purpose. They shall be placed entirely within the building lines of the lot. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building, except guest houses, shall be used for dwelling purposes.

(1976 Code, Ch. 12, Div. 5, Art. V, § 8)

Guest houses shall contain a floor area of not less than 1,250 square feet, shall not be closer than 16 feet to the main building and shall be located upon the same side of State Highway A1A as the main building; provided, however, that a guest house conforming to the floor area requirements may be located upon the opposite side of State Highway A1A from the main building whenever the Town Commission is assured that proper legal instruments have been filed ensuring that the area on each side of the State Highway will be treated as 1 building area as long as the guest house remains. Guest houses shall not be rented separately from the main building. Guest houses may include separate "staff quarters" provided the quarters are incorporated into the guest house and the quarters are not rented separately from the main building.

(1976 Code, Ch. 12, Div. 5, Art. V, § 9) (Am. Ord. 261, passed 5-1-2012)

(A)

No docks or piers shall be permitted along the Atlantic Ocean, but may be constructed along the Intracoastal Waterway. Waterway docks and mooring facilities shall not extend closer than 10 feet to any other residentially zoned property. Dock and mooring facilities shall not be higher than 2 feet above the top of the adjoining seawall, or the established grade of the seawall if none exists, except that mooring piles may exceed this height.

(B)

Further, on waterways under the jurisdiction of the U.S. Army Corps of Engineers, the permissible projection into the Intracoastal Waterway shall be determined by that organization.

(C)

Docks are restricted to use by the property owner or its tenants and may not be separately rented.

(1976 Code, Ch. 12, Div. 5, Art. V, § 10) (Ord. 174, § 1, passed 5-4-1993; Am. Ord. 261, passed 5-1-2012)