To provide for single-family residential development of moderately spacious character together with recreational facilities, special exception uses and accessory uses as may be necessary or normally compatible with residential surroundings, to provide for Townhouses and/or building groups of Townhouse dwellings at a limited population density with recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings, both of which residential uses are compatible with Districts adjoining to the north and south and are transitional between Districts to the north and south, and to provide for municipal uses.

(Am. Ord. 212, passed 2-25-03)

(A)

Single-family dwellings.

(B)

Townhouses.

(C)

Municipal buildings and facilities (including, but not limited to, administrative offices, library, police station, fire station, Town meeting room).

(Am. Ord. 212, passed 2-25-03)

(A)

Private garages.

(B)

Private swimming pools.

(C)

Private cabanas (pool house).

(D)

Beach shelters.

(E)

Home offices (All stock and/or trade must be kept entirely within the premises; the presence of any such "home office" may also not generate any additional traffic greater than the standard level of traffic generated within this zoning district or otherwise give external evidence of the office's existence except for permitted signs).

(F)

Other accessory uses and structures customarily incident to permitted or approved special exception uses.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 265, passed 8-22-06; Am. Am. Ord. 382, passed 1-25-22)

(A)

Beach houses intended for the use of a family and its bona fide guests only.

(B)

Accessory buildings for uses customarily incident to residential and municipal uses.

(C)

Essential services.

(D)

Congregate living facilities.

('81 Code, Schedule B) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 122, passed 5-30-81; Am. Ord. 212, passed 2-25-03)

The following supplementary lot regulations shall be applied in the R2-A Zoning District:

(A)

No single-family dwelling shall be located, erected, constructed, added on to, repaired, reconstructed or altered upon any lot or lot of record which has frontage of less than seventy (70) feet on A1A and the Atlantic Ocean or which has frontage on only the Atlantic Ocean of less than 100 feet.

(B)

Existing single-family development. A single-family structure (located in any "R" District) existing at the time of adoption of this chapter which does not comply with the lot, yard and bulk regulations for building lots in the zoning District in which it is located may be added on to provided the addition shall not increase the extent of the particular nonconformities.

(C)

Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter except as provided in this chapter; and if already less than the minimum required by this chapter, the area or dimension may be continued but shall not be further reduced except as provided in this chapter.

(D)

Dune walkovers are prohibited.

('81 Code, § 5.10) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 148, passed 5-26-87; Am. Ord. 166, passed 5-26-92; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

Height generally. No Townhouse shall exceed three (3) stories or thirty-five (35) feet in height, whichever is less, no single-family building or portion of a building under a pitched roof shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, whichever is less; no single-family building or portion of a building under a flat roof shall exceed two and one-half (2½) stories or twenty-eight (28) feet in height, whichever is less; and no congregate living facility shall exceed two (2) stories or twenty-five (25) feet in height, whichever is less; provided, however, no building projecting within fifty (50) feet of the northern boundary of District R2-A shall exceed two (2) stories or twenty-five (25) feet in height, whichever is less, and no accessory structures shall exceed one story or fifteen (15) feet in height, whichever is less; and provided further, however, no building projecting within the fifty (50) feet of the northern boundary of District R2-A and within eighty (80) feet west from any seawall, seawall line as established by Ordinance 51 and any amendments thereto, bulkhead line, fill line or mean high water line of the waters of the Atlantic Ocean, whichever is closer to the building, shall exceed one (1) story or fifteen (15) feet in height, whichever is less.

(B)

Accessory structures. No accessory structure shall exceed in height the main structure to which it is accessory.

(C)

Overall height of building. Maximum overall height of a pitched roof building, or part of a building covered by a pitched roof, shall be the maximum allowable building height plus ten (10) feet. Maximum overall height of a flat roof building, or part of a building covered by a flat roof, shall be the actual building height of the structure plus four (4) feet. Parapet walls extending above the maximum allowable building height shall be perforated fifty (50) percent or more on all vertical surfaces.

(D)

Permitted exceptions to height regulations. Structures for the housing of elevators, stairways, skylights, or similar facilities, vertical radio antennae, television reception antennae except dish type, and church steeples may be erected no more than forty (40) percent above the height of the building on which it is located. However, the highest vertical projection of a chimney may exceed the overall height of the building on which it is located by no more than four (4) feet. All such structures, equipment and facilities located upon the roof area shall not cover in the aggregate a roof area greater than ten (10) percent of the ground floor area of such building or structure. Heating (including solar), ventilating and air conditioning equipment and facilities installed on the roof of a building shall be completely and permanently site screened from view at all points on the lot lines to the permitted height of buildings in the District in which the lot is located. See subsection 151.561(F) for flag pole regulations.

('81 Code, § 5.20) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 142, passed 4-28-86; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 171, passed 5-24-94; Am. Ord. 191, passed 5-22-01; Am. Ord. 212, passed 2-25-03; Am. Ord. 226, passed 3-23-04; Am. Ord. 303, passed 2-22-11; Am. Ord. 342, passed 11-17-15)

Cross reference— Penalty, see Section 151.681

No structure shall be located, erected, constructed, added on to, repaired, reconstructed or altered unless it is set back at least twenty-five (25) feet from the nearest right-of-way line of Highway A1A or other street.

('81 Code, § 5.30) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 136, passed 5-22-84; Am. Ord. 142, passed 4-28-86; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

No single-family dwelling or building group Townhouse dwelling shall have a side yard less than ten (10) feet.

(B)

Single-family dwellings and accessory structures shall have a side setback from the side lot lines such that the aggregate of the side yards shall have a width of not less than twenty (20) percent of the average width of the lot or lot of record or one hundred (100) percent of the building height, whichever is greater. Nonetheless, no side yard shall be less than ten (10) feet.

(C)

All other structures shall have a side setback from the side lot lines not less than the height of the structure above grade or any portion thereof or fifteen (15) feet, whichever is greater.

(D)

An encroachment of no more than two (2) feet into the front, side and/or rear setbacks is allowed in order to accommodate roof overhangs and architectural elements that are at least two (2) feet above grade.

(E)

Accessory equipment (as defined in Section 151.003) shall be setback from the side lot lines not less than five (5) feet and shall be completely screened from public view and from the view of neighboring properties.

('81 Code, § 5.40) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 122, passed 5-30-81; Am. Ord. 142, passed 4-28-86; Am. Ord. 161, passed 3-26-91; Am. Ord. 191, passed 5-22-01; Am. Ord. 212, passed 2-25-03; Am. Ord. 286, passed 5-26-09)

Cross reference— Penalty, see Section 151.681

No structure except a dock shall be located, erected, constructed, added on to, repaired, reconstructed or altered:

(A)

Unless the structure is set back at least fifty-five (55) feet west from any seawall, bulkhead line, fill line or mean high water line of the waters of the Atlantic Ocean, whichever is closer to the structure; provided, however, a minimum setback of twenty-three (23) feet shall be permitted for the construction of swimming pools/spas provided connecting pipe and patio areas are located and designed so as not to interfere with the placement, removal and replacement of seawall anchors.

(B)

If any rear yard of a lot or lot of record or if any portion of any such rear yard fronts on any street such that the lot or lot of record is a through lot, then the greater of the front setback requirement or the rear setback requirement shall control.

('81 Code, § 5.50) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 142, passed 4-28-86; Am. Ord. 153, passed 3-28-89 ; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 275, passed 10-23-07)

Cross reference— Penalty, see Section 151.681

Except for private garages accessory to single-family dwellings and except for District R2-A, the minimum distance between the closest projection of any two (2) buildings shall be as follows:

(A)

Ten (10) feet if both buildings are one (1) story in height;

(B)

Fifteen (15) feet if any one (1) building is one (1) story in height and any part of the other building is two (2) stories in height;

(C)

Twenty (20) feet if any part of both buildings is two (2) stories in height;

(D)

Twenty-five (25) feet if any one (1) building is one (1) story in height and any part of the other building is three (3) stories in height;

(E)

Thirty (30) feet if any part of one (1) building is two (2) stories in height and any part of the other building is three (3) stories in height; or

(F)

Thirty-five (35) feet if any part of both buildings is three (3) stories in height.

('81 Code, § 5.60) (Ord. 97, passed 4-26-76; Am. Ord. 110, passed 5-31-78; Am. Ord. 148, passed 5-26-87; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

Ground floor area. No single-family dwelling shall have a ground floor square foot area less than two thousand (2,000) square feet and no dwelling unit shall have a floor square foot area less than fourteen hundred (1,400) square feet. In computing square foot area hereunder, open or screened porches shall be given fifty (50) percent credit of their actual square foot area. The total ground floor area of any building plus any accessory structure on any lot shall not exceed two-thirds (⅔) of the building area.

(B)

Lot coverage. Lot coverage shall not exceed thirty-five (35) percent, provided however, pool screen enclosures which have a screen roof and half or more of the enclosed sides fully screened, such roof and sides allowing the relatively free passage of light and air, shall be counted for lot coverage at only half of the area of the lot or lot of record covered by the screen roof;

('81 Code, § 5.71) (Ord. 97, passed 4-26-76; Am. Ord. 122, passed 5-30-81; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03; Am. Ord. 342, passed 11-17-15)

Cross reference— Penalty, see Section 151.681

No private garage shall have its entrance facing the street. No open carports shall be permitted. Each private garage shall have a minimum interior area of twenty (20) feet in length and twenty (20) feet in width for the exclusive use of parking two (2) automobiles.

('81 Code, § 5.72) (Ord. 97, passed 4-26-76; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

No boats or trailers of any kind shall be kept, maintained or stored on any lot or lot of record except within an enclosed garage or except when docked or moored. These restrictions shall not apply to the storage of non-motorized boats (by way of example and not limitation, kayaks and paddle-boards) which are either screened from the view of abutting neighbors or residences located on the opposite waterbody bank, or which are kept on or adjacent to a dock or seawall.

('81 Code, § 5.73) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03; Am. Ord. 337, passed 7-28-15)

Cross reference— Penalty, see Section 151.681

(A)

Boathouses. Boathouses are not permitted.

(B)

Docks. Docks are not permitted.

('81 Code, §§ 5.74 and 5.75) (Ord. 97, passed 4-26-76; Am. Ord. 112, passed 5-22-79; Am. Ord. 122, passed 5-30-81; Am. Ord. 131, passed 4-19-83; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 161, passed 3-26-91; Am. Ord. 166, passed 5-26-92; Am. Ord. 169, passed 5-25-93; Am. Ord. 173, passed 5-23-95; Am. Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Swimming pools, pool patios and/or decks, spas (including jacuzzis and whirlpools) and anything permanently attached to any of the above structures, are deemed to be accessory structures and may only be constructed and/or used when a principal structure exists on the same lot. Accordingly, the following regulations shall control the construction requirements of same:

(A)

Swimming pools and spas shall be constructed no less than thirteen (13) feet from any side lot lines and no less than twenty-three (23) feet from the rear lot line, bulkhead or seawall, measured from the "wet edge" of the swimming pool or spa, so long as the construction thereof shall not or cannot reasonably be anticipated to adversely affect the structural integrity, life or maintenance of any bulkhead, seawall or other structure, as certified by either a marine, structural or mechanical engineer who is properly licensed in the State of Florida;

(B)

Any swimming pool or spa that is enclosed by a screen enclosure, whether partially or fully, shall be setback from the side and rear lot lines no less than the minimum required side and/or rear setbacks for this zoning District; and

(C)

Maximum vertical elevation for a swimming pool deck shall be one point five (1.5) feet above grade;

(D)

Maximum vertical elevation for spas and decorative items such as planters, balustrades, railings, fountains, hand rails, ladders, diving boards, slides and the like shall be three point five (3.5) feet above the pool deck upon which it is constructed; and

(E)

Open gazebos and roofs for swim-up pool bars or spas may be constructed on the swimming pool/spa deck so long as each gazebo and/or pool bar/spa roof is setback from the side and rear lot lines no less than the minimum required side and/or rear setback for accessory structures for this zoning District.

('81 Code, § 5.76) (Ord. 97, passed 4-26-76; Am. Ord. 131, passed 4-19-83; Am. Ord. 212, passed 2-25-03; Am. Ord. 275, passed 10-23-07)

Cross reference— Penalty, see Section 151.681

Outdoor fireplaces, barbecue pits and the like shall not exceed six (6) feet in height and shall not be located, erected, constructed, added on to, repaired, reconstructed or altered closer than five (5) feet to the lot line.

('81 Code, § 5.77) (Ord. 97, passed 4-26-76; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

Walls, fences or hedges may be located, erected, constructed, planted, added on to, repaired, reconstructed or altered within the required yard areas and shall conform to the following regulations:

(A)

Front yard. Walls and fences located between the front building line and the street right-of-way line (the required front yard) shall not exceed four (4) feet in height, except as otherwise permitted for retaining walls in subsection (G) below; hedges located in the required front yard shall not exceed eight (8) feet in height. The height of a wall, fence or hedge located in the required front yard, except for retaining walls pursuant to subsection (G) below, shall be measured from the street side of the wall, fence or hedge, from its top projection and shall not exceed the above specified height above the grade of the crown of the street at a point directly opposite any such point of measurement or zero datum (as defined in Section 151.003), whichever is greater. All front yard walls and fences shall be and remain substantially landscaped and sight screened from the front up to the height of the fence or wall.

(B)

Side and rear yards. All walls or fences located between the side building line and the side lot line (the required side yard) and all fences located between the rear building line and rear lot line (the required rear yard) shall not exceed four (4) feet in height except for a required street side yard of a corner lot and the required rear street yard of a through lot where they shall conform to the provisions of subsection (A) above, or except as otherwise permitted for retaining walls in subsection (G) below. No walls other than permitted retaining walls are permitted in the required rear yard of waterfront lots; however, walls are permitted in the rear yards of interior lots but shall not exceed four (4) feet in height above grade as measured from the lowest adjacent grade, unless otherwise permitted as a retaining wall pursuant to subsection (G) below. Except for retaining walls as provided in subsection (G) below, the height of a wall or fence located in a side or rear yard shall be measured on either side of the wall or fence from the top of the wall or fence and shall not exceed six (6) feet in height from the lowest grade opposite such points of measurement and shall not exceed four (4) feet in height as measured from the highest grade opposite such point of measurement. Except as set forth in subsection (A) above, hedges located along the side property lines shall not exceed sixteen (16) feet in height to a point located twenty-five (25) feet from the seawall, bulkhead line, fill line or mean height water line of the waters of Lake Worth (including Spanish River) or the Atlantic Ocean ("the 25 foot zone"), whichever is closer to the structure, from which point to the actual seawall, bulkhead line, fill line or mean high water line of the waters of Lake Worth or the Atlantic Ocean, hedges are allowed at a maximum height of four (4) feet above grade as measured from the lowest adjacent grade. However, in those cases where the two (2) adjacent property owners wish to maintain the subject hedge at a height greater than four (4) feet, they may jointly apply for a waiver from the (twenty-five) 25-foot zone provision. Granting of this waiver shall be administratively approved by the Town Manager upon submission of the waiver application on Town provided forms. Either property owner may revoke his/her consent to the waiver at any time. Furthermore, a waiver from the (twenty-five) 25-foot zone does not run with the land and is not binding on any future owner. All hedges must be properly trimmed and maintained at all times.

(C)

Street right-of-way. No wall or fence shall be located closer than five (5) feet to any street right-of-way and no hedge shall be located closer than two and one-half (2½) feet from any street right-of-way. However, any wall, fence or hedge that is in existence as of May 26, 2009, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, except for hedge height which must conform to current regulations, may be continued subject to the provisions of Section 151.643.

(D)

Plantings. No plantings on or within five (5) feet of any front or rear yard wall or fence shall exceed the height herein allowed for such walls or fences, except for trees. The height of plantings located within five (5) feet of a side yard wall or fence shall be limited in accordance with subsection (B) hereinabove, except for trees.

(E)

Gateposts. Gateposts not exceeding three (3) feet in any horizontal dimension may be erected and/or construed in connection with the erection and/or construction of a wall or fence, the gateposts not to exceed two (2) feet above the maximum height permitted for the wall or fence immediately contiguous to such gateposts.

(F)

Driveway gates. Gates constructed at driveway entrances or that are intended for vehicular traffic of any kind shall all be considered "driveway gates" for the purposes of this section and must conform to the following requirements:

(1)

Driveway gates must either slide along the ground or swing horizontally in order to open and close;

(2)

Driveway gates must remain entirely on the lot or lot of record upon which they are installed;

(3)

At no time shall any driveway gate, while open, closed or in the process of opening or closing, or while at rest, encroach upon any street right-of-way or adjacent property;

(4)

Driveway gates must be installed in such a manner as to provide a minimum driveway area in front of and perpendicular to such gates of a size no less than fifteen (15) feet wide by twenty-five (25) feet deep, as measured from the street right-of-way line;

(5)

Driveway gates shall be constructed of materials that allow the transmission of light and air through no less than fifty (50) percent of the surface area distributed evenly; and

(6)

No such gate or gates shall exceed the height limitations for walls, fences and hedges as set forth in subsection (A) hereinabove.

(G)

Retaining walls. Retaining walls without additional structures may be constructed in conjunction with the "new construction" or "substantial improvement" of a building at a maximum height required to comply with the property's applicable grade or zero datum elevation (as defined in Section 151.003), in accordance with the most current Flood Insurance Rate Map promulgated by the Federal Emergency Management Agency (FEMA). Prior to the issuance of a certificate of completion or certificate of occupancy for the associated residence, a complete as-built survey of the retaining wall, certified by a Florida-licensed engineer retained by the property owner, shall be provided to the Town. The engineer's certification required by this subsection must verify that all on-site retention requirements are being met without adverse drainage effects to adjacent neighboring properties.

(1)

Additional structures or hedge material on top of or adjacent to retaining walls. Fences, railings, gates, or hedges may be constructed on top of or adjacent to retaining walls in conformance with the maximum height requirement provided below. Any fences, gates, or railings constructed on or adjacent to retaining walls pursuant to this paragraph must allow the transmission of light and air through fifty (50) percent or greater of the surface area. No privacy walls may be constructed on top of or adjacent to retaining walls.

(2)

Maximum height requirement of retaining walls and additional structures. The maximum height of retaining walls plus any additional structures, such as fences, railings, gates, or hedge material may not exceed the maximum allowable heights for walls, fences, or hedges in the property's front, side, or rear yard as provided in Subsections (A) or (B) above. Height shall be measured from the lowest adjacent grade, except for swimming pool fences or retaining wall railings required by the Florida Building Code or other applicable code, which shall be measured in accordance with the requirements of the Florida Building Code or other applicable code.

('81 Code, § 5.78) (Ord. 97, passed 4-26-76; Am. Ord. 112, passed 5-22-79; Am. Ord. 148, passed 5-26-87; Am. Ord. 151, passed 5-10-88; Am. Ord. 153, passed 3-28-89; Am. Ord. 161, passed 3-26-91; Am. Ord. 212, passed 2-25-03; Am. Ord. 244, passed 3-22-05; Am. Ord. 286, passed 5-26-09; Am. Ord. 376, passed 5-25-21)

Cross reference— Penalty, see Section 151.681

No structures shall be located, erected or constructed seaward of any established bulkhead or bulkhead line, except erosion control devices such as bulkheads, groins or jetties.

('81 Code, § 5.79) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

All utility service lines and mains, including water, sewer, storm drainage, solid waste, telephone, cable television, gas, electrical and the like, shall be installed and maintained underground.

('81 Code, § 5.82) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681