The purpose of this article is to provide development design and improvement standards applicable to all development activity within the town.

(Ord. of 12-12-90, § 6.00.00)

(a)

Land subdivision, generally.

(1)

No land shall be subdivided unless the resulting lot(s) conform to the minimum requirements as to depth, area, width and frontage, as required by this Code. This section shall not apply when a portion of a lot is acquired for a public purpose.

(2)

All lots shall have frontage on a street.

(3)

Double frontage lots are prohibited unless peculiar circumstances allow no other possible design.

(4)

Side lot lines shall, where possible, be substantially at right angles or radial to street lines.

(5)

Corner lots shall be designed to facilitate a safe intersection.

(b)

Maximum building and structure height. No building or structure intended for human occupancy shall exceed 60 feet (five stories above a ground level parking facility). All obstructions as defined by the Civil Aeronautics Board publication "Obstruction Marking and Lighting" shall be marked and lighted as specified at the owner's expense.

(c)

Yards, generally.

(1)

No building structure shall be erected within 40 feet of the property line of U.S. Highway No. 1 or Hypoluxo Road. Parking areas may be located within this setback.

(2)

Corner lots in residential districts have two front yards. Houses whose fronts are oriented parallel to a street shall maintain the required front yard on such street. The front yard on the remaining street may be ten feet less than the normal front yard required or shall be five feet greater than the required side yard setback, whichever is the more restrictive.

(3)

Due to their configuration, lots in residential districts accessible from a cul-de-sac shall be treated as having no front yards. For setback purposes, the front lot line shall be treated as a side lot line.

(d)

Projections into yards

(1)

Projecting features. The space in any required yard or setback shall be open and unobstructed from the ground to sky, with the following exceptions:

a.

Architectural features, including, but not limited to, windowsills, belt courses, cornices and eaves may project not more than two feet into any required yard or setback.

b.

Awnings, hoods, roof overhangs, canopies, marquees or similar items affixed to the building or structure may not project more than four feet into any required yard or setback.

c.

For the purposes of this subsection, a balcony, deck or similar elevated structure intended for or capable of human occupancy shall not fall within the exceptions described above and required yards and setbacks shall be measured from the most protruding edge of the structure.

d.

In the event of a conflict between the provisions of this subsection and any other provisions of this code, the more restrictive regulations shall control.

(Ord. of 12-12-90, § 6.01.00; Ord. No. 131, § 3, 10-11-00; Ord. No. 150, § 2, 3-10-04)

(a)

Generally. All streets and related facilities required to serve the proposed development shall be constructed by the developer. Any proposed subdivision street layout shall be coordinated with the street system of the surrounding area. When a new subdivision adjoins unsubdivided land, the new street, where possible, shall be carried to the boundary of the tract proposed to be subdivided to promote reasonable development of adjacent lands and provide continuity of street systems. Subdivision streets shall be designed in a manner that will discourage through traffic. See section 28-204(f) of this Code for requirements regarding traffic impact studies for developments.

(b)

Street standards.

(1)

All subdivision streets shall have right-of-way width of 80 feet for collector streets and 50 feet for local streets. Typical two-lane streets shall have 20-foot total pavement widths.

(2)

Deadend streets or culs-de-sac shall have a closed end turnaround of 100 feet diameter at the right-of-way or easement line and 80 feet at the edge of pavement. T or Y ends may be considered at exceptional locations.

(3)

Streets shall be laid out so as to intersect as nearly as possible at right angles. Cross intersections are prohibited and T junctions are acceptable generally at a 90-degree configuration.

(4)

Sidewalks shall be constructed on at least one side of all local streets, subject to an overall sidewalk plan. They shall be four feet minimum width for pedestrian use and eight feet if combined with a bicycle system.

(5)

All design, construction, and maintenance of streets shall comply with the current edition of the state department of transportation "Manual of Uniform Standards for Streets and Highways."

(c)

Access management.

(1)

Public street access. No building shall be erected on a lot which does not have direct vehicular access to a public street.

(2)

Corner lots. Access to corner lots shall be located a minimum of 30 feet from intersecting right-of-way lines on local streets (the RS district is exempt from this requirement) and a minimum of 180 feet from intersecting right-of-way lines on all other streets of higher classifications.

(3)

Separation from railroad crossing. No street or driveway shall intersect with any street within 330 feet of an existing at-grade railroad crossing as measured along the centerline of the street.

(4)

Curb breaks for commercial uses. The number of curb breaks for all commercial uses shall not exceed one for each 100 feet of street frontage, or fraction thereof, each having a maximum width of not more than 30 feet. Two curb breaks along the same street shall be separated by a minimum of 50 feet.

(d)

Street names. Every subdivided lot or property shall be accessed from a street. Street names and/or numbers shall be installed at the intersection of all private or public streets. Location and design of street signs shall be subject to the approval of the town council.

(e)

Street lighting. Streetlights shall be installed on all local and collector streets, at each intersection, at the ends of culs-de-sac and wherever, in the opinion of the building official, a dangerous condition is created by sharp curves or irregularities in street alignment. Between intersections, streetlights shall be installed as needed for community safety. The developer shall arrange with the applicable utility to provide electricity for the installation of the street lighting system for the development. The property owners' association shall be required to be responsible for maintenance and operation of private systems. All wiring shall be underground.

(f)

Traffic control devices. The developer shall install traffic control devices as necessary, including, but not limited to, traffic signals on roads interfacing with the subdivision. The traffic impact analysis, if required, shall determine the traffic signal requirements, if any.

(Ord. of 12-12-90, § 6.02.00)

(a)

Generally.

(1)

Applicability. Offstreet parking facilities shall be provided for all development within the town pursuant to the requirements of this section.

(2)

Computation. When determination of the number of offstreet spaces required by this code results in a fractional space, the fraction of one-half or less may be disregarded, and a fraction in excess of one-half shall be counted as one parking space.

(3)

Uses not specifically listed. The number of parking spaces required for uses not specifically listed shall be determined by the building official, considering requirements for similar uses and appropriate traffic engineering and planning data.

(4)

Standards of offstreet parking and loading spaces. For the purpose of these regulations, the term "offstreet parking space" shall consist of a minimum of 10′ × 20′ for standard cars, and 12′ × 20′ for handicapped parking spaces. Each space shall have concrete bumpers and appropriate striping. Handicapped curb cuts or ramps shall be provided from parking lots to buildings on commercial and multifamily residential sites. An offstreet loading space shall consist of a minimum net area of 540 square feet, exclusive of access drives and aisles thereto. Offstreet parking and loading facilities, including access drives and aisles, shall be surfaced with asphalt or concrete of sufficient thickness to accommodate the proposed vehicular weights. All required offstreet parking facilities shall be drained so as not to cause any nuisance to adjacent private or public property.

(b)

Offstreet parking requirements. There shall be provided, at the time of the erection of any main building or structures, or at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guestrooms, floor area or seats; a minimum number of offstreet automobile parking spaces with adequate provisions for ingress and egress by automobiles, in accordance with the following requirements. The number of handicapped spaces provided shall be in accordance with Palm Beach County requirements. The following amounts of offstreet parking shall be provided for the following uses:

(1)

Auto repair: One space per 400 square feet gross floor area plus one space for each vehicle stored overnight.

(2)

Churches, temples or places of worship: One space for each two seats in the main auditorium.

(3)

Country or golf club: One space for each five members, plus one space for each employee.

(4)

General business, commercial or personal service establishments: One space for each 200 square feet of leasable floor area.

(5)

Hospitals, sanitariums, convalescent homes: One space for each four patient beds, one space for each two staff doctors and nurses, and one space for each employee on the largest shift.

(6)

Marinas: One space for each three boat slips or dry storage spaces, plus one space for each 200 square feet of other building area, plus one space per employee on largest shift.

(7)

Medical or dental offices or clinics: Six spaces for each doctor or dentist plus one space for each additional employee.

(8)

Office and public office buildings: One space for each 300 square feet of gross leasable floor area.

(9)

Private club or lodge: One space for each 100 square feet of gross floor area occupied by members plus one space for each employee.

(10)

Residential single-family dwellings: Two spaces for each dwelling unit.

(11)

Residential multiple-family dwellings: Two spaces for each dwelling unit.

(12)

Restaurants or other eating places: One space for every 100 square feet of gross leasable floor area, plus one space for each employee on the largest shift.

(13)

Theaters and auditoriums: One space for each four seats.

(14)

Miniwarehouse and storage: One space for each employee plus one space for each storage unit.

(15)

Mixed uses: In the case of mixed uses, the total requirements for offstreet parking shall be the sum of requirements of the various uses computed separately. Offstreet parking space for one use shall not be considered as providing the required offstreet parking for any other use, except where nonconcurrent use can be demonstrated to the satisfaction of the town council.

(16)

Hotels/motels: One space per unit including the managers' unit, plus one space for each employee on the largest shift.

(c)

Location of offstreet parking spaces.

(1)

Parking spaces for all dwellings shall be located on the same lot with the main building to be served.

(2)

Parking spaces for other uses shall be provided on the same lot or not more than 500 feet distant as measured along the nearest pedestrian walkway.

(3)

Parking requirements for two or more uses, of the same or different types, may be satisfied by the allocation of the required number of spaces for each use in a common parking facility.

(d)

Offstreet loading requirements. The following numbers of offstreet loading spaces shall be provided for uses as follows:

(1)

Every institution or commercial use requiring the receipt or distribution by vehicle of materials and merchandise shall have sufficient permanently maintained offstreet loading space so as not to hinder the free movement of vehicles and pedestrians over a sidewalk or street.

(2)

All structures requiring the pickup of large quantities of garbage or trash shall provide an easily accessible area to service a dumpster or other trash receptacle. There shall be a 50-foot access area for trucks servicing commercial buildings or developments for which an application for development order is filed after the effective date of this article.

(3)

For the purposes of this section an offstreet loading space shall be an area at the grade level, at least 12 feet wide by 45 feet deep with 14 feet of vertical clearance, directly accessible from a street or alley and arranged for convenient and safe entrance by a truck. Such loading space shall also be accessible from the interior of any building it is intended to serve.

(4)

Offstreet loading spaces shall be provided and maintained as follows: For each retail store, storage warehouse, wholesale establishment or similar use, which has an aggregate gross floor area of:

(5)

Permanent status of offstreet parking or loading spaces. Area reserved for offstreet parking or loading, in accordance with the requirements of this section, shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided to the satisfaction of the planning and zoning board and the town council.

(e)

Special parking requirements for trucks, boats, trailers and recreational vehicles. The following requirements are intended to regulate the parking of trucks, boats, trailers and recreational vehicles within the town so as to maintain the quality and viability of residential areas by minimizing the impact of parking of vehicles other than the typical residential family automobiles:

(1)

It shall be unlawful for any owner of property in a residential district in the town, or his or her agent or the person in control of such property, to park, keep or store any bus, pole trailer, semi-truck, trailer, camper, recreational vehicle, motor home, truck, truck trailer, boat or boat trailer on his, her or its property for a period of more than eight hours in any 24-hour period, except for the purpose of active loading and unloading not to exceed a period of 24 hours.

(2)

Subsections (e)(1) above shall not be applicable to any commercial or construction vehicle lawfully and temporarily engaged in business or construction upon the premises whereon said vehicle is parked.

(3)

Exceptions to the provisions of section 28-94(e) above are made for the following:

a.

Any panel truck, pick up, van or similar type of truck not exceeding one ton in rated capacity.

b.

Any camper, motor home or recreational vehicle parked in a parking space designed for the same in a duly licensed mobile home or recreational vehicle park.

c.

Any recreational vehicle not exceeding one and one-half tons in rated capacity and any boat not exceeding 25 feet in length, on its appropriate trailer, provided such vehicle or trailer owned by owner, agent, guest or person in charge of the residential property is parked in the rear or side yard (as defined by this Code) and is screened from the view of the public or adjacent property owners. No mast on any boat shall be left or stored in an upright position at any time.

d.

The exceptions permitted under this subsection shall not apply to permit the parking or storing of any vehicle or boat allowed under this subsection on residential property which is not improved by a dwelling unit.

(5)

No vehicle or boat of any kind shall be used for habitation while parked on any public street, road, alley or thoroughfare within the town or while parked or stored on any property whether public, private, residential, commercial or otherwise within the town, unless such property is specifically designated and/or licensed for such purpose.

(Ord. of 12-12-90, § 6.03.00; Ord. No. 103, § 7, 1-8-97; Ord. No. 117, § 2, 12-9-98; Ord. No. 132, § 3, 11-8-00; Ord. No. 148, § 2, 3-10-04)

(a)

Requirements for all developments. The following basic utilities are required for all developments subject to the criteria listed herein.

(1)

Electricity. Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use.

(2)

Telephone. Every principal use and every lot within a subdivision shall have available to it a telephone service cable adequate to accommodate the reasonable needs of such use.

(3)

Water and sewer. Every principal use and every lot within a subdivision shall have a central potable water and wastewater hookup whenever required by the town comprehensive plan and/or by state statute or special act of Palm Beach County.

Onsite sewage treatment plants and septic tanks serving individual lots or subdivisions are prohibited within the town. All subdivisions shall have a sanitary sewage system designed by a Florida registered engineer and approved by the town engineer and Palm Beach County Board of Health and subject to state board of health standards. The system shall conform to the Town's 201 Sewer Plan as may be updated.

(4)

Illumination. All streets, parking lots and common areas in developments shall be provided with illumination meeting acceptable standards.

(5)

Fire hydrants. All developments served by a central water system shall include a system of fire hydrants consistent with the standards of the fire district having jurisdiction.

(b)

Design standards.

(1)

Compliance with technical construction standards manual. All utilities required by this code shall meet or exceed the minimum standards of the utilities authority servicing the project.

(2)

Placement of utilities underground.

a.

All electric, telephone, cable television, and other communication lines (exclusive of transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, or capacitors which may be pad mounted), and gas distribution lines shall be placed underground within easements or dedicated public rights-of-way.

b.

Lots abutting existing easements or public rights-of-way where overhead electric, telephone, or cable television distribution supply lines and service connections have previously been installed may be supplied with such services from the utilities' overhead facilities, provided the service connections to the site or lot are placed underground.

c.

Vegetative screening of any utility apparatus placed above ground shall be required.

(c)

Utility easements. When a developer installs or causes the installation of water, sewer, electrical power, telephone or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement right to enable the utility or entity to operate and maintain such facilities. Such easements shall be shown on all development plans and subdivision plats.

(Ord. of 12-12-90, § 6.04.00)

(a)

Generally.

(1)

Within the districts established by this code there exist lots, structures and uses of land and structures which were lawful before this code was passed, but which would be prohibited, regulated or restricted under the terms of this Code. Consideration of these situations shall be made as follows: It is the intent of this Code to permit these nonconformities to continue until they are removed, but not to encourage their longevity. Such uses are declared by this code to be incompatible with permitted uses in the districts involved. It is further the intent of this Code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for the addition of other structures or uses prohibited elsewhere in the same district.

(2)

A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended, intensified or enlarged after passage of this Code.

(b)

Nonconforming lots of record. Where a lot of record exists which was platted and recorded in the office of the clerk of the circuit court of Palm Beach County prior to the time of adoption of this Code and which lot does not conform to the lot area or dimensional criteria for the district in which it is located, such lot may be used for any use permitted in the district, provided all other criteria are met.

(c)

Nonconforming uses of land. Where, on September 12, 1990, lawful use of land exists that is made no longer permissible under the terms of this Code, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged, increased or expanded to occupy a greater area of land than was occupied on September 12, 1990.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on September 12, 1990.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located and continuance of such use after such period is specifically prohibited.

(d)

Nonconforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists on September 12, 1990, that would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the use regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(3)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 180 days, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(4)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(e)

Nonconforming structures. Where a lawful structure exists on September 12, 1990, that could not be built under the terms of this Code by reason of restriction on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should such structure be destroyed by any means to an extent of 60 percent or more of its replacement value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(f)

Repairs and maintenance of nonconformities.

(1)

On any nonconforming structure, or structure containing a nonconforming use, ordinary repairs may take place or repair or replacement of fixtures, nonbearing walls, plumbing or wiring, provided the repair work does not exceed ten percent of the current replacement cost of the structure.

(2)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any building or part thereof declared to be unsafe by an official charged with protecting the public safety.

(Ord. of 12-12-90, § 6.05.00)

All developments shall have comprehensive storm drainage facilities which convey stormwater to existing drainage systems, drainage canals or natural watercourses. The drainage system should provide for protection from a 25-year storm of a 12-hour duration and provide for onsite retention by provision of pervious areas. A detailed drainage plan is required as part of the final development approval process. A permit from South Florida Water Management District shall be obtained (when applicable) for surface water drainage systems prior to issuance of building permits.

(Ord. of 12-12-90, § 6.06.00)

(a)

Within the RH districts, mobile home parks are permitted provided that the following requirements are satisfied:

(1)

Mobile homes or mobile home parks shall not be located on a parcel of property smaller than four acres.

(2)

The overall density may not exceed 11 mobile homes per acre in any RH district.

(3)

No mobile home shall be located within 15 feet of another mobile home or within five feet of any adjacent mobile home driveway, parking or utility building, or within 20 feet of the right-of-way of any public street.

(4)

Within all mobile home parks all utility wires and pipes shall be underground, except that fuel tanks used as part of a central distribution system may be above ground if fully screened from view by a wood or masonry wall or fence.

(5)

Each mobile home shall be provided an adequate power supply, water supply and sewage disposal facilities.

(6)

Each mobile home park shall provide for the proper drainage of stormwater in accordance with the regulations, policies, and procedures of the South Florida Water Management District. The 25-year storm shall be used to design all storm drainage facilities.

(7)

In the event no door-to-door solid waste pickup is available, each mobile home park shall provide refuse containers, compatible with mechanical lifting devices on town collection trucks, having a capacity of one cubic yard for each four mobile homes, so located that no mobile home is farther than 150 feet from such a container.

(8)

No outside storage shall be permitted within any mobile home park, including the storage of anything flammable underneath any mobile home.

(9)

No mobile home shall be occupied unless it is supported on masonry blocks or jacks, connected to utilities, and properly anchored.

(10)

Two paved off-street parking spaces shall be provided for each mobile home.

(11)

All common areas shall be properly landscaped and maintained by the developer or an association of owners.

(12)

Plan approval. No construction, expansion or alteration of a mobile home park shall take place without approval by the local health department.

(13)

Permanent structures or buildings such as Florida rooms, carports and garages may be attached to mobile homes provided such structures or buildings meet all applicable building codes and comply with the setback requirements as provided in this section. Utility buildings may be located no closer than five feet to a mobile home.

(14)

A buffer of 25 feet is required between any structure in a mobile home park and adjacent property.

(b)

Notwithstanding the requirements of subsection (a) above and the provisions of section 28-96, mobile homes within a mobile home park existing as of the effective date of this section may be replaced provided that:

(1)

The new mobile home does not increase the non-conformities applicable to the mobile home it replaces; or

(2)

The new mobile home is set back at least two feet from property adjacent to the mobile home park and any internal roadway.

(Ord. of 12-12-90, § 6.07.00; Ord. No. 168, § 2, 11-21-07; Ord. No. 174, § 2, 8-19-09; Ord. No. 180, § 2, 8-18-10)

(a)

In order to afford protection of the Lake Worth shoreline and recognizing the possible hazards of flooding, the following regulations shall apply:

(1)

No building shall be erected within 50 feet of the mean high-water line of Lake Worth, unless otherwise specifically permitted by this code.

(2)

No vegetation existing below the mean high-water line shall be disturbed or removed without approval from any state and federal agencies having jurisdiction.

(3)

Submerged land shall not be counted into the density or open area calculations of a development, regardless of ownership of the submerged land.

(b)

Any construction of seawalls, bulkheads, piers and docks along access waterways to Lake Worth may only occur after issuance of a permit by the town. Seawalls and bulkheads must have the water side face on the property line. Plans for the above shall be prepared by a Florida registered engineer and the plans shall indicate elevations and types of soil conditions in addition to the proposed design. Applicable approvals shall be obtained from county, state and federal agencies prior to issuance of a permit by the town.

(c)

Notwithstanding subsection (b) above, an existing seawall or bulkhead that is restored or repaired may be located up to 18 inches waterward from the property line where the seawall or bulkhead has been damaged within the last year by a discrete event, such as a storm, flood, accident, or fire, and the restoration or repair involves only minimal backfilling to level the land.

(Ord. of 12-12-90, § 6.08.00; Ord. No. 201, § 2, 5-21-12)

When an approved development plan includes a clubhouse and/or a recreation area containing a swimming pool, tennis courts, putting greens or other recreation facilities, the following provisions shall apply in connection with the timing of construction of the dwelling units and clubhouse and recreation area:

(1)

When the dwelling units shown on an approved development plan are contained in a single building, no certificate of occupancy for any dwelling units in the building shall be issued by the town until the clubhouse and/or recreation facilities shown on the development plan have been completed and are usable by the owners of the dwelling units.

(2)

When dwelling units shown on an approved development plan are contained in more than one building, when building permits for 50 percent of the dwelling units have been issued by the town, no further building permits shall be issued for dwelling units until the clubhouse and swimming pool (if applicable) has been completed and a certificate of occupancy for it has been issued by the town and at least 50 percent of the remaining recreation facilities, based upon the estimated cost of the same, shall have been completed and usable by the owners of dwelling units. The remaining portion of the recreation facilities shown upon the approved development plan shall be completed and usable by the owners of dwelling units before the certificate of occupancy for dwelling units in the final building in the development shall be issued by the town.

(Ord. of 12-12-90, § 6.09.00)

A cluster development shall be considered four or more structures containing four or more dwelling units apiece.

(1)

The gross density shall not exceed six dwelling units per acre in the RM districts and 11 dwelling units in the RH districts.

(2)

Each dwelling unit shall have direct access to a public street.

(3)

Two offstreet parking spaces shall be provided for each dwelling unit.

(4)

All structures shall be subject to the yard requirements of the applicable land use district.

(5)

Structures shall be a minimum of 20 feet apart.

(6)

All common open space shall be properly landscaped and maintained by the developer or an association of owners.

(Ord. of 12-12-90, § 6.10.00)

In RM and RH districts, townhouses may be permitted provided the following requirements are satisfied:

(1)

The gross density shall not exceed six dwelling units per acre in the RM district and 11 dwelling units per acre in the RH district.

(2)

No more than five townhouse units may be included in a single structure.

(3)

A minimum front yard of 20 feet is required. Each townhouse shall have its own lot area, have one yard private, and be reasonably separated from view of streets or neighboring property.

(4)

Each townhouse shall have direct two-way automobile access from offstreet parking spaces to a public street.

(5)

No portion of a group of contiguous townhouses shall be closer than 20 feet to any portion of a townhouse in another group.

(Ord. of 12-12-90, § 6.11.00)

In RM and RH districts, a group housing project containing two or more buildings may be permitted if the following requirements are satisfied:

(1)

The gross density shall not exceed six dwelling units per acre in the RM district and 11 dwelling units per acre in the RH district.

(2)

For all single-story structures the established yard and setback requirements for the district in which the project is located shall be satisfied along all exterior property lines. For each additional story in height, all yard and setback requirements shall be increased by ten feet.

(3)

The closest permitted distance between any two buildings shall be 20 feet for one-story buildings; 30 feet for two-story buildings; and 40 feet for three stories.

(4)

The minimum distance between an apartment building and a parking space shall be ten feet.

(5)

The minimum distance from the front of a building to a street right-of-way shall be 20 feet except for Hypoluxo Road and U.S. Highway No. 1, where the minimum distance shall be 40 feet.

(6)

Sidewalks not less than four feet wide are required leading from all front and rear doors to streets or vehicular use areas.

(Ord. of 12-12-90, § 6.12.00)

Vacant property shall be maintained clear of minor vegetation (weeds, brush and scrub). No dumping on vacant lots will be permitted.

(Ord. of 12-12-90, § 6.13.00)

For all construction including flood hazard areas, the finished building pad elevation for all structures shall be a minimum of 18 inches above the crown of the servicing road or street and eight feet above the mean high tide in the RS, RM and RH districts.

(Ord. of 12-12-90, § 6.14.00; Ord. No. 92, § 3, 5-12-93)

The town building official shall review all building permit applications for conformity to the current building code.

(Ord. of 12-12-90, § 6.15.00; Ord. No. 101, § 5, 7-17-96; Ord. No. 151, § 6, 3-10-04)

(a)

Objective. The objective of this section is to maintain the town's character as a low-rise community by preventing great disparities in building height among residential communities and preserving open space along the town's central corridor.

(b)

Requirements. All development plans submitted after the effective date of this section shall adhere to the following requirements:

(1)

Development adjacent to residential land uses. Whenever a residential development is contiguous or adjacent to property with a residential zoning and/or land use designation, the height of the buildings located closest to the residential property may be no greater than ten feet higher than the maximum height permitted on the contiguous or adjacent residential property.

(2)

Development adjacent to U.S. Highway 1. Whenever a residential development is contiguous or adjacent to U.S. Highway 1, the height of the roof line of the first component of the buildings located closest to U.S. Highway 1 may not exceed 30 feet. As used in this section, the term "component" shall mean air conditioned living space.

(c)

Exceptions. The Town Council may grant relief from the foregoing requirements if the Town Council determines that extraordinary circumstances beyond the developer's control, such as lot size and shape, prevent compliance with the relative building height requirements and the developer is able to satisfy the objective of this section by some other appropriate means, such as a larger setback than what is otherwise required by this chapter.

(Ord. No. 120, § 5, 1-13-99)

Editor's note— Ord. No. 120 is hereby amended to exempt from its application those properties for which a final development order was issued prior to its effective date. Final development orders issued prior to the effective date of Ord. No. 120 shall not be subject to its provisions and may be modified in accordance with the procedures set forth in section 28-207 of the Town Code of Ordinances.

(a)

Purpose. These regulations are enacted to discourage the misuse and abuse of narcotics and other controlled substances such as pain medications, and to address the impacts upon land uses that are associated with businesses that operate principally to dispense pain medications for chronic pain but without the services of typical medical offices that provide thorough on-site examinations, medical treatments or procedures and continued medical oversight. Such businesses have been determined to be associated with the excessive use of, addiction to, and subsequent illegal sales and distribution of controlled substances.

(b)

Applicability. This section applies to all medical or dental offices or clinics within the town.

(c)

On site dispensing of controlled substances. On-site dispensing of controlled substances that are identified in schedules II, III or IV in sections 893.03, 893.035 or 893.0356, Florida Statutes, is strictly prohibited, unless otherwise expressly permitted by statutory or general law. However, the following are exempt from this prohibition:

(1)

A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is only intended to treat the patient during that particular treatment session.

(2)

A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled that is licensed by the State of Florida.

(3)

A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital.

(4)

A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16.

(5)

A health care practitioner when dispensing a one-time, 72-hour emergency re-supply of a controlled substance to a patient.

(d)

Acknowledgment of regulations. The health care practitioner responsible for the operation or supervision of any medical or dental office or clinic shall execute an affidavit acknowledging the regulations set forth in subsection (c) above prior to payment of the required business tax, and annually thereafter upon renewal of same prior the issuance of a business tax receipt. Failure or refusal to execute the required affidavit shall constitute prima facie evidence that the subject medical or dental office or clinic is operating in violation of the code of ordinances, which may result in code enforcement action, revocation of business tax receipt, and/or any other action permitted by law.

(Ord. No. 185, § 3, 3-16-11)

(a)

Purpose. These regulations are enacted to discourage the misuse and abuse of narcotics and other controlled substances such as pain medications, and to address the impacts upon land uses that are associated with drug stores and pharmacies affiliated with medical or dental offices or clinics that operate principally to dispense pain medications. Such businesses have been determined to be associated with the excessive use of, addiction to, and subsequent illegal sales and distribution of controlled substances.

(b)

Applicability. This section applies to all drug stores and pharmacies within the town.

(c)

Limitation. No more than 15 percent of the total number of prescriptions sold within a 30-day period can be derived from the sale of schedule II controlled substances as listed in section 893.03, Florida Statutes. All pharmacies shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy is open for business. This restriction shall not apply to drug stores or a pharmacy operating as an accessory use to a facility licensed under Chapter 395, Florida Statutes (e.g. hospital).

(d)

Acknowledgment of regulations. The owner or operator of a pharmacy shall execute an affidavit acknowledging the regulations set forth in subsection (c) above prior to payment of the required business tax, and annually thereafter upon renewal of same prior the issuance of a business tax receipt. Failure or refusal to execute the required affidavit shall constitute prima facie evidence that the subject pharmacy is operating in violation of the code of ordinances, which may result in code enforcement action, revocation of business tax receipt, and/or any other action permitted by law.

(Ord. No. 185, § 4, 3-16-11)

Medical marijuana treatment center dispensing facilities are prohibited within the town's corporate limits.

(Ord. No. 208, § 4, 2-16-17; Ord. No. 213, § 3, 9-26-17)