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-30 Multiple-Dwelling Residential District.

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

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

(A)

Uses permitted.

(1)

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

(2)

Any use permitted in the RM-16 Multiple-Family Dwelling Residential District.

(3)

Multiple-family residential dwellings as hereinafter described.

(B)

Uses accessory to multiple-family residential dwellings.

(1)

Accessory structures within the RM-30 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)

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. Intracoastal waterway docks and mooring facilities shall not extend closer than 15 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. 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. VII, § 2) (Ord. 174, § 3, passed 5-4-1993; Am. Ord. 2019-08, § 3, passed 11-5-2019; Ord. 2022-12, § 4, passed 1-10-2023)

For properties on the east side of SR A1A, no building or structure, or part thereof shall be erected to a height exceeding 75 feet or 7 stories, whichever is the lesser, measured from the dune elevation. For properties on the west side of SR A1A, no building or structure, or part thereof shall be erected to a height exceeding 75 feet or 7 stories, whichever is the lesser, measured from the roadway crown elevation of SR A1A adjacent to the property. The height limitations above, shall not include the housing for stairwells extending to roof or the housing for necessary service and mechanical appurtenances placed upon the roof of the building. These housing structures shall not exceed 20 feet in height for elevators or 15 feet in height for stairwells; and they shall be decorative in design and conform to the architectural style of the multiple-family residential dwelling.

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

(A)

Enclosed underground parking.

(1)

Enclosed underground parking on properties shall be not less than 7½ feet from the north and south property lines, and not closer than 45 feet from the center line of the highway, and shall not extend east beyond the easterly building line.

(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.

(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 the mean high water line along the easterly shore of the intracoastal waterways the requirement that "a minimum of 10 feet in width, immediately adjacent to the paved edge of State Highway A1A shall be in grass" shall not apply. No parking, other than for emergency purposes, shall be permitted in any of the areas to which this exception applies;

(3)

The area of the garage beyond the building shall be covered with adequately furnished patio, recreational area, landscaped area, driveway and/or additional open parking, or combination of the foregoing.

(B)

Open parking.

(1)

Each multiple-dwelling building shall be required to have at least 1 open parking space for each dwelling unit. Open parking areas, exclusive of in and/or out driveways, shall be located not closer than 45 feet to center line of State Highway A1A. Parking spaces and/or driveways shall not be located east of the easterly building line. Parking areas must be paved and have drainage or sumps to ensure that water will not flow into the state highway, or the adjoining properties.

(2)

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. VII, § 4) (Ord. 223, passed 7-11-2006; Ord. 2022-12, § 4, passed 1-10-2023)

(A)

Front yard. Every plot shall have a front yard or street yard not less than 85 feet in depth measured form 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 north 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- (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 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 (8) 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 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)

Limitation. No building or part of a building shall extend easterly beyond the line as shown on plat of easterly building line as defined herein.

(2)

Restriction on yard structures. Parking spaces and driveways, retaining walls, fences, barricades, parking areas and/or driveways, whether connected with the building or for the improvement of the lot shall not be built, erected or constructed east of the easterly building setback line. No fence, wall or structure shall be erected, placed or maintained on any lot within the side yard, rear yard, or front yard of more than 3 feet in height above the finished grade, except as hereinafter provided in Article XIII, § 12-263.

(1976 Code, Ch. 12, Div. 5, Art. VII, § 5) (Am. Ord. 261, passed 5-1-2012; Ord. 2022-12, § 4, 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 shall contain not less than 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 § 12-164(B).

(C)

Plot area and density per multiple-family dwelling unit. Every plot shall have not less than 1,450 square feet of ground area for each multiple dwelling unit. Maximum gross density shall not exceed 30 dwelling units per acre.

(D)

Ground coverage. Ground coverage for buildings above ground shall not exceed 25 percent of the total area of the lot.

(E)

Open area. Every plot used for a multiple-family residential dwelling shall have a maximum of 15 percent of the total area set aside as a hard surfaced 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 area shall be set aside as a green area. All green areas shall be planted and maintained in lawn or landscaping. The open parking and driveway areas which must be paved, shall not exceed 25 percent of the total plot area.

(1976 Code, Ch. 12, Div. 5, Art. VII, § 6; Ord. 2022-12, § 4, passed 1-10-2023)

Editor's note— Ord. 2022-12, § 4, passed Jan. 10, 2023, amended § 12-165, 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 residential dwelling shall be 2,000 square feet of enclosed living space, excluding basement, cellar, porch and porches, garage and/or unconnected storage rooms and areas.

(B)

Multiple-family residential dwelling.

(1)

One bedroom unit. The minimum floor area for each 1-bedroom unit shall be 1,250 square feet of enclosed living area.

(2)

Two bedroom unit. The minimum floor area for each 2-bedroom unit shall be 1,600 square feet of enclosed living area.

(3)

Three bedroom unit. The minimum floor area for each 3-bedroom unit shall be 2,000 square feet of enclosed living 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)

Average unit area. The average floor area for all the dwelling units in the building shall be not less than 1,500 square feet per dwelling unit.

(6)

Convertible area.

(a)

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.

(b)

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. VII, § 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 generator or by battery-operated "panic lighting."

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

(A)

There shall be adequate space provided within the building for 1 maintenance room for common property necessary for building maintenance and operation.

(B)

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.

(C)

Automatic sprinkler systems shall be provided for both rooms.

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