The regulations set forth in this article, or set forth elsewhere in this chapter, or when referred to in this article, are the district regulations in the RM-16 Multiple-Family Dwelling Residential District.

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

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

(A)

Uses permitted.

(1)

Any use permitted in RS-2 Single-Family Residential District.

(2)

Multiple-Family Residential Dwellings as hereinafter described in this article.

(B)

Uses accessory to multiple-family residential dwellings.

(1)

Accessory structures. Accessory structures within the RM-16 Multiple-Family Dwelling Residential District shall be limited to free standing shade structures within a pool deck (cabanas, gazebo, tiki huts, trellises, pergolas), decks, patios, carports, sauna units, hot tubs, gym and spa buildings, athletic play areas, and recreational equipment.

(a)

No such accessory structures shall be permitted within the minimum required side yard.

(b)

Freestanding shade structures shall be open on all sides, no greater than twelve (12) feet in height as measured from the ground to the top of the structure and shall be limited in size to a maximum of three hundred (300) gross square feet in area. For lots having a width greater than two hundred (200) feet along State Highway A1A, an additional one hundred (100) square feet of freestanding shade structures shall be permitted for every one hundred (100) feet of additional lot width.

(c)

Carports shall have minimum front yard setback of fifteen (15) feet from the property line, and a maximum height of ten (10) feet, and shall be open on all sides, except for when attached to the principal building.

(d)

Hot tub and spa structures shall provide a ten (10) foot rear yard setback.

(e)

Laundry and vending machines, sauna units and sewage treatment facilities: Shall be fully enclosed within the main building, or in the enclosed garage or parking areas.

(f)

Gyms and other habitable structures are not permitted within the minimum required side yard.

(2)

Recreational uses. Recreational uses or requirements to multiple-family residential dwellings, including, but not limited to, swimming pools, tennis courts, golf courses, putting greens and shuffle boards may be placed outside the main building in accordance with restrictions elsewhere defined.

(3)

Private amenities. Private amenities are permitted as accessory uses in multiple-family residential dwellings. Private amenities shall be located in the main building and may include kitchens, bars, and other food service facilities (including the sale of alcoholic beverages), dining rooms, fitness and spa facilities, convenience and sundry shops, and guest rooms. All deliveries and trash removal for these amenities shall be located within self-contained and enclosed areas within the main building or parking structures. The applicant for such private amenity accessory use(s) shall proffer a restrictive covenant in a form acceptable to the Town Attorney that shall limit the accessory use to residents of the multiple-family dwelling and their guests and shall not be open to the public.

(4)

Limitation of their use. All uses accessory to multiple-family residential dwellings shall be for the sole use of the occupants and their guests.

(C)

Docks and piers.

(1)

Intracoastal Waterway docks and mooring facilities shall not extend closer than 15 feet to any other residentially zoned property.

(2)

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. 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.

(1976 Code, Ch. 12, Div. 5, Art. VI, § 2) (Ord. 174, § 2, passed 5-4-1993; Am. Ord. 2019-08, § 2, passed 11-5-2019; Am. Ord. 2022-12, § 3, passed 1-10-2023; Am. Ord. 2024-02, § 2, passed 2-6-2024)

(A)

For property on the east 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 dune elevation. For property 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.

(B)

It is further provided that purely decorative features such as cupolas, tower, 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 shall not exceed 50 feet.

(1976 Code, Ch. 12, Div. 5, Art. VI, § 3) (Am. Ord. 263, passed 12-4-2012)

(A)

Enclosed underground parking.

(1)

Enclosed underground parking on properties shall not be less than 7-½ feet from the north and south property lines, and not closer than 45 feet from the center line of the highway, and not closer than 15 feet easterly from the east right-of-way line of the Intracoastal Waterway, and shall not extend beyond the easterly building line as defined in Article III, § 12-90 above.

(2)

Whenever a structure is erected, converted or structurally altered in this district, there shall be provided sufficient parking space, fully covered and solidly enclosed, in the ratio of not less than 1½ parking spaces for each dwelling unit. Area of garage beyond building shall be covered with adequately furnished patio, recreational area, landscaped area, driveway or temporary guest parking.

(B)

Open parking.

(1)

Each multiple dwelling building shall be required to have a minimum of 1 open parking space for each dwelling unit.

(2)

Each parking space facing a property line shall have an approved tire bumper curb to prohibit parked automobiles from projecting over property lines. Open parking areas, exclusive of in and/or out driveways, shall be located not closer than 45 feet to the center line of State Highway A1A. Parking areas and driveways shall not be located closer than 15 feet to the easterly right-of-way line of the Intracoastal Waterway or to the easterly building line as described in § 12-90 above. Parking areas must have drainage or sump pumps discharging into the Intracoastal Waterway to ensure that water will not flow into the state highway, or the adjoining properties.

(3)

Parking areas located east of State Highway A1A must be shielded from State Highway A1A with landscaping of a minimum height of six (6) feet at the time of planting. Parking areas located west of State Highway A1A must be shielded from the highway by appropriate landscaping. The area between State Highway A1A and the parking area shall be appropriately landscaped with 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. This 10-foot area shall be green 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. VI, § 4) (Ord. 223, passed 7-11-2006; Ord. 2022-12, § 3, passed 1-10-2023)

(A)

Front yard. Every plot shall have a front yard of not less than 85 feet in depth measured from the center line of State Highway A1A. No building, part of a building, or open parking area may be constructed closer than 50 feet to the northern boundary line of the Town of Hillsboro Beach.

(B)

Side yard and Building Separation.

(1)

Dimension. There shall be a minimum required 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 greater. For parcels with a lot width greater than two hundred (200) feet along State Highway A1A, the minimum required side yard shall have a width of not less than 20 feet measured from the roof overhang, or 6 inches per foot of building height, whichever is greater.

(2)

Building Separation. If 2 or more buildings are constructed on the same plot of land, the Building Separation shall be 35 feet measured between the roof overhang of each building or 6 inches per foot of building height, whichever is greater. Accessory uses and structures are allowed within this building separation, provided:

(a)

The site is developed as one development site with a recorded unity of title.

(b)

A maximum height of one story up to 16 feet is allowed.

(c)

There shall be no dwelling units within the building separation.

(d)

There shall be a minimum setback of 100 feet from the centerline of A1A.

(e)

Pedestrian connections and walkways are also allowed within the building separation.

(3)

Landscaping. Each minimum required side yard shall include a minimum eight-foot wide Side Yard Landscaped Buffer which shall consist solely of landscaping as defined in § 12-90, so as to create a privacy screening effect, to include:

(a)

Trees and/or large shrubbery 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.

(d)

Exception: internal side yards as required under (B)(2) above.

(e)

Fences and walls as set forth in § 12-263.

(4)

Encroachments into Minimum Required 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-foot wide Side Yard Landscaped Buffer.

(a)

Air conditioning equipment, pool equipment and pool heaters 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 it is 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 § 12-262(D).

(c)

Generators 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.

(1)

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.

(2)

Retaining walls, fences, barricades, whether connected with the buildings or for the improvement of lots shall not be built, erected or constructed closer to the building setback line as herein described. No fence, wall or structure shall be erected, placed or maintained on any lot within the side yard, rear yard or front yards, except as hereafter provided in Article XIII, § 12-263.

(1976 Code, Ch. 12, Div. 5, Art. VI, § 5) (Am. Ord. 261, passed 5-1-2012; Ord. 2022-12, § 3, passed 1-10-2023)

(A)

Plot size, single-family residential dwelling. Every plot for a single-family dwelling shall be not less than 100 feet in width and 12,000 square feet in area.

(B)

Plot size and building frontage, multiple-family residential dwelling. Every plot for a multiple-family residential dwelling shall not be less than 100 feet in width, not less than 100 feet in depth, and contain not less than 25,000 square feet in area. Building frontage along Hillsboro Mile (A1A) shall be a maximum of 200 linear feet. Any additional buildings onsite shall have a minimum building separation set forth in 12-144(B).

(C)

Plot area and density per multiple-family dwelling unit. Every plot shall have not less than 2,900 square feet of ground area for each multiple-dwelling unit or exceed a maximum gross density of 16 dwelling units per acre.

(D)

Ground coverage. Ground coverage of building or building above ground, shall not exceed 35 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.

(E)

Open area. Every plot used for a multiple-family residential dwelling or for a single-family dwelling shall have a minimum of 50 percent of the total area set aside for open recreational and green areas. Every plot shall have 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, shuffle board and tennis courts. A minimum of 35 percent of the total plot area shall be set aside as a green area. All green areas shall be planted and maintained in lawn and/or landscaping.

(1976 Code, Ch. 12, Div. 5, Art. VI, § 6; Ord. 2022-12, § 3, passed 1-10-2023)

Editor's note— Ord. 2022-12, § 3, passed Jan. 10, 2023, amended § 12-145, and in so doing changed the title of said section from area and density regulations to read as set out herein.

(A)

Single-family residential dwelling. The minimum floor area of a single-family dwelling shall be 2,000 square feet of enclosed living area, excluding basement, cellar, porch or porches, and/or unconnected storage rooms or areas, and accessory building or buildings.

(B)

Multiple-family residential dwelling.

(1)

One bedroom unit. The minimum floor area for each 1-bedroom unit shall be 1,000 square feet of enclosed living area, excluding balconies, porches, terraces and unconnected storage rooms and areas.

(2)

Two bedroom unit. The minimum floor area for each 2-bedroom unit shall be 1,300 square feet of enclosed living area, excluding balconies, porches, terraces and unconnected storage rooms and areas.

(3)

Three bedroom unit. The minimum floor area for each 3-bedroom unit shall be 1,600 square feet of enclosed living area, excluding balconies, porches, terraces and unconnected storage rooms and area.

(4)

Additional room area. Each additional room to a 3-bedroom unit in a multiple-family residential dwelling shall contain a floor area of not less than 300 square feet.

(5)

Convertible area. Any area in an apartment unit which may be designated as a den, dining room, or convertible area and which has direct access to a bathroom, half bath or bath area, or indirect access to these facilities through a corridor, shall be considered a bedroom. This space shall be treated as an extra bedroom and shall be included in the minimum floor area required for this size apartment.

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

(A)

All multiple-family dwellings having elevators, sewage treatment pumps or other necessary pumps, shall install and maintain a generator as an auxiliary power plant adequate to operate simultaneously any or all of this equipment. One operating elevator for each bank of elevators shall be deemed sufficient.

(B)

Power for exit and interior emergency lighting shall be provided for by this generation or by battery operated "panic lighting."

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

There shall be adequate space provided within the building for 1 maintenance and storage room for common property necessary for building maintenance and operation. There shall be further provided a fire-proof room for the storage of all inflammable materials, including but not limited to paint, paint products, gasoline and acids. Automatic sprinkler systems shall be provided for both rooms.

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

There shall be provided within the building adequate toilet and washroom facilities for permanent and temporary employees.

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