To establish and maintain a moderately spacious single-family residential environment together with accessory and special exception uses which are compatible with neighboring uses and development.

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

Single-family dwellings.

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

(A)

Guest houses.

(B)

Private garages.

(C)

Private swimming pools.

(D)

Private cabanas (pool house).

(E)

Private docks.

(F)

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).

(G)

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)

Supplemental parking.

(B)

Lighted tennis courts; subject to site plan review, fencing, screening with plantings and hours of operation.

('81 Code, Schedule B) (Ord. 97, passed 4-26-76; Am. Ord. 112, passed 5-22-79; Am. Ord. 212, passed 2-25-03; Am. Ord. 244, passed 3-22-05)

The following supplementary lot regulations shall be applied in the R3-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 having an area of less than twenty-one thousand seven hundred eighty (21,780) square feet or one-half (0.5) of one (1) acre of net usable land, whichever is greater. For the purpose of this section, net usable land is defined as the total area of a lot or lot of record less all streets, canals, rights-of-way and other impairments to the owner's unrestricted use thereof as a building homesite or is defined as set forth in and applied under the County Environmental Control Rule I adopted April, 1976 by the Environmental Control Board of the county, whichever is more restrictive; provided, however, building setback requirements shall not be construed as impairments to the owner's unrestricted use of a lot or lot of record for this purpose. This section shall not apply to lots platted of record prior to the effective date of this chapter.

(B)

Existing single-family development. A single-family residence or accessory structure existing at the time of adoption of this chapter which does not comply with the 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.

(1)

Docks. In accordance subsection (B) above, nonconforming docks in this zoning District may be lengthened, shortened, or otherwise amended within the District's allowable dock dimensions and regulations, so long as the extent of the nonconformity itself, such as a lot position or setback nonconformity, is not increased.

(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)

Dwelling units. No more than a total of twenty-three (23) single-family dwelling units shall be located, erected, constructed, maintained or used in this zoning District.

('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; Am. Ord. 378, passed 7-23-21)

Cross reference— Penalty, see Section 151.681

(A)

Height generally. No building shall exceed two (2) stories or twenty-eight (28) feet in height, whichever is less and no accessory structures shall exceed one (1) story or fourteen (14) feet in height, whichever is less. Additionally, the allowable building height of all principal structures shall be limited as follows:

(1)

A single story structure shall not exceed fourteen (14) feet in height except as provided in Section 151.337(A)(1)(d);

(2)

A non-tiered two (2) story structure (one in which the side exterior walls of the second floor are not set back from the side exterior walls of the first floor) shall not exceed twenty-four (24) feet in height; and

(3)

A tiered two (2) story structure (one in which the side exterior walls of the second floor are set back from the side exterior walls of the first floor and having a first floor such that the height of the intersection of the side exterior vertical walls and the roofing system do not exceed fourteen (14) feet above grade) shall not exceed twenty-eight (28) feet in height.

(4)

Any two (2) story structure which fails to satisfy the side setback requirements for a tiered two (2) story structure, as set forth herein below, shall be subject to the regulations for and shall be treated as a non-tiered two (2) story structure for all purposes.

(B)

Accessory structures. No accessory structure shall exceed either the building height or overall height of 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, except as provided in Sections 151.335(D) and 151.337(A)(1)(d). 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. 286, passed 5-26-09; 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 any street or alley and at least ten (10) feet from the paving of any access road or uncovered off-street parking.

('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)

Single-family dwellings and accessory structures shall have the following side setbacks:

(1)

A single story structure shall have side yard setbacks as follows:

(a)

The aggregate side yard width shall not be less than twenty (20) percent of the average width of the lot or lot of record;

(b)

No side yard shall be less than ten (10) feet.

(c)

Additionally, for a single story structure, in no case shall the height of the intersection of the side exterior vertical walls and the roofing system exceed fourteen (14) feet above grade (as defined in Section 151.003) for the vertical walls along the side lot or property lines.

(d)

However, in order to provide for a "great room" and/or a "vaulted foyer" front entrance, a "vertical volume section" shall be permitted. Maximum building height for a "vertical volume section" shall not exceed twenty-four (24) feet above grade (as defined in Section 151.003), provided that the vertical side walls that form such vertical volume section are set back no less than thirty (30) feet from the side lot or property lines. For a single story structure to which a vertical volume section has been incorporated, the maximum overall building height shall not exceed thirty (30) feet above grade when measured at the highest point of the roofing system.

(2)

A non-tiered two (2) story structure (one in which the side exterior walls of the second floor are not set back from the side exterior walls of the first floor) shall have a setback from the side lot lines such that the aggregate of the side yards shall have a width of not less than forty (40) percent of the average width of the lot or lots of record or equal to the height of the building, whichever is greater, provided, however, that no side yard shall be less than fifteen (15) feet.

(3)

A tiered two (2) story structure (one in which the side exterior walls of the second floor are set back from the side exterior walls of the first floor and having a first floor such that the height of the intersection of the side exterior vertical walls and the roofing system do not exceed fourteen (14) feet above grade) shall have side setbacks as follows:

(a)

All single story walls along the side lot or property lines where the height of the intersection of the vertical wall and the roofing system do not exceed fourteen (14) feet above grade (as defined in Section 151.003), shall have an aggregate setback of twenty (20) percent of the average width of the lot or lots of record, provided, however, that no side yard shall be less than ten (10) feet.

(b)

All second or two (2) story walls along the side lot or property lines or walls where the height of the intersection of the vertical wall and the roofing system exceed fourteen (14) feet above grade (as defined in Section 151.003), shall have an aggregate setback from the side lot lines of thirty (30) percent of the average width of the lot or lot of record, provided, however, that all side yard second story walls must be setback at least fifteen (15) feet from the side lot or property line.

(B)

All other structures shall have a side setback from the side lot lines not less than the height of the structure above grade or ten (10) feet, whichever is greater.

(C)

If any side yard of any such structure fronts on any street, the greater of the front setback requirements or the side setback requirement shall control.

(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. 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 twenty-five (25) feet from any seawall, bulkhead line, fill line, or mean high water line of the waters of Lake Worth (including Spanish River), whichever is closer to the structure.

(B)

Notwithstanding the requirements of subsection (A), swimming pools/spas shall be set back no less than eighteen (18) feet from the rear lot line. (See Section 151.344 for additional regulations specific to swimming pools and their accessories.)

(C)

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 horizontal distance between any two 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 exceeds thirty (30) feet in height by virtue of permitted height exceptions;

(E)

Thirty (30) feet if any part of one (1) building is two (2) stories in height and any part of the other building exceeds thirty (30) feet in height by virtue of permitted height exceptions; or

(F)

Thirty-five (35) feet if any part of both buildings exceeds thirty (30) feet in height by virtue of permitted height exceptions.

(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.

(B)

Permitted square footage. When computing total square footage, any and all areas which are "under roof", including all portions of the second floor which are under roof shall be counted as floor area (e.g., on a ten thousand (10,000) square foot lot, a non-tiered two (2) story structure having twenty-five hundred (2,500) square foot on each floor equals fifty (50) percent of the total lot area). Areas "under roof" specifically include but are not limited to, all habitable and uninhabitable space, covered balconies, covered lanais, covered porches, covered patios (whether enclosed or open) and porticos. However, the area covered by roof overhang or eave, which does not protrude from the exterior wall by more than two (2) feet, shall not be counted against the permitted square footage and covered balconies, covered lanais, covered porches, covered patios and porticos will be counted at fifty (50) percent of their floor area. Maximum permitted total square footage, expressed as a percentage of total lot area shall be as follows:

(1)

Total permitted square footage shall not exceed forty (40) percent of the total lot area for any lot or lot of record upon which the principal structure is a single story structure;

(2)

Total permitted square footage shall not exceed fifty (50) percent of the total lot area for any lot or lot of record upon which the principal structure is a "non-tiered" two (2) story structure; and

(3)

Total permitted square footage shall not exceed sixty (60) percent of the total lot area for any lot or lot of record upon which the principal structure is a "tiered" two (2) story structure.

(4)

Additionally, each lot or lot of record shall be required to maintain at least thirty-five (35) percent of the total lot area as green space (as defined in § 151.003).

('81 Code, Section 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. 286, passed 5-26-09; 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. No dock shall be located, erected, constructed, added on to, expanded, extended, replaced, reconstructed or altered upon or projecting from any lot or lot of record unless in strict conformance with DEP and ACOE permit regulations. A permit from these agencies is required prior to issuance of a permit by the Town. Additionally, the construction, alteration and the like of all docks must meet the following Town regulations:

(1)

All docks shall project waterward from the associated lot or lot of record or seawall, a minimum length necessary (evidenced by bathymetric surveys) to reach a terminus and mooring area located in a water depth of three (3) feet of water at mean low water (MLW). The maximum length of any such dock in this zoning district is eighty (80) feet from the lot or lot of record when such lot or lot of record is west of Lands End Road and fifty-five (55) feet when such lot or lot of record is east of Lands End Road.

(a)

The required bathymetric surveys shall be taken from the seawall of the subject lot out across the water for a distance sufficient to demonstrate the width of the navigable waterway or channel (as defined in Section 151.003) in order to demonstrate that the dock in question will not prevent passage through the waterway or channel.

(b)

Three (3) bathymetric surveys, one (1) each, shall be taken parallel to and originating from each lot line and the point from which the dock is to project in order to meet the requirements of (B)(1)(a).

(2)

The dock and its stem shall be centered on the lot or lot of record or within ten (10) feet of such a center point and shall run parallel to the side lot lines of the lot or lot of record on which it is located. If it should not be practicable for the dock stem to run parallel to both side lot lines then such dock stem shall be oriented to the lot or lot of record or seawall in such a manner so as to maximize compatibility with neighboring docks located on adjacent properties. However, on a lot or lot of record having a width of three hundred (300) feet or greater the proposed dock need not be centered but the dock and any portion of the dock, including any associated dock accessory structures, vessel-lifting devices, or dolphin pilings, must be setback no less than fifty (50) feet from the extended side lot line of any lot or lot of record from which such dock projects.

(3)

No dock finger(s) or projection(s) shall extend from the stem of a dock unless it is in a "T" or "L" configuration located at the furthest waterward projection of the stem of the dock, the total waterward projection of the stem and "T" or "L" addition not to exceed the maximum waterward projection specified herein above with the maximum terminus width limited to fifty (50) feet. However, if the subject dock projects from a lot or lot of record having a width greater than or equal to three hundred (300) feet, a maximum dock terminus width of seventy-five (75) feet shall be permitted so long as the dock or any portion of the dock or any associated dock accessory structures, vessel-lifting devices, or dolphin pilings are setback at least fifty (50) feet from the extended side lot lines.

(4)

Davits are not permitted; other dock accessory structures and vessel-lifting devices (boat elevators, boatlifts, platforms, and personal watercraft lifts) are permitted. Those dock accessory structures containing a flat surface or platform shall be included in all calculations related to a dock's size, location, maximum allowable width, and compliance with side setbacks. Those dock accessory structures or vessel-lifting devices of a conventional design that generally consist of separate beams or rails supported by pilings (including boatlifts, boat elevators, and personal watercraft lifts) shall only be included in calculations related to a dock's maximum allowable width, and compliance with side setbacks. The limits on dolphin pilings, gear, trash receptacles, equipment, boxes, benches, color and dock location shall be applied to any dock accessory structure or vessel-lifting device as part of the conventional or floating dock.

(5)

Each dock may have no more than one (1) light for each ten (10) feet of total linear dock length, measured from the lot, lot of record or seawall to end of the dock stem plus that length measured from end to end of the dock terminus. All allowed and/or prescribed dock lights shall conform to the requirements as set forth herein below.

(6)

The width of the surface of each dock and each portion thereof shall not be more than six (6) feet and not less than four (4) feet.

(7)

Dolphin pilings are permitted only if accessory to any dock; no more than four (4) dolphin pilings are permitted accessory to any dock and no dolphin pilings shall be located more than thirty-five (35) feet from any portion of the dock to which such dolphin piling is accessory.

(8)

No gear, trash receptacle or equipment shall be permitted on any dock. Equipment specifically excludes power stations, fueling stations, ladders, water hoses, mooring lines, whips and bumper cushions.

(9)

Dock boxes may be used but only attached abutting the seawall or located at the landward dock extremity; no dock box may be higher than thirty (30) inches and greater than twenty-four (24) cubic feet.

(10)

Only one (1) bench placed on a dock is permitted provided such bench is not more than five (5) feet in length, no more than thirty-six (36) inches in height and no more than eighteen (18) inches in width.

(11)

Dock color shall be maintained in a condition that eliminates an appearance of disrepair or neglect.

(12)

No surface of any dock shall be constructed or project in height higher than the level of any abutting seawall or five and one-half (5½) feet above mean sea level, whichever is higher.

(13)

Floating docks are permissible provided the following regulations are met:

(a)

The width of the surface of each dock and each portion thereof shall not be more than six (6) feet and not less than four (4) feet with a total length not to exceed fourteen (14) feet except for concrete floating docks which shall not exceed eight (8) feet in width and fourteen (14) feet in length.

(b)

Each floating dock shall have a light positioned on a post located at each corner that projects into the water. Each light installed shall be maintained in good working order, shall cast a clear white or yellow light, shall not exceed the intensity of a forty (40) watt tungsten filament incandescent or equivalent (less than or equal to four hundred eighty (480) lumens, shall operate on automatic light sensor turning on at dusk and off at dawn, shall not project above the dock surface higher than sixty (60) inches and may be solar powered. These same illumination intensity regulations shall apply to lighting for steps attached to a dock, if any.

(c)

A licensed engineer shall certify that each floating dock shall be designed and constructed to meet the same standards applicable to conventional, stationary docks as related to the dock's ability to withstand the effects of a storm event.

(d)

Each floating dock shall be designed so as to incorporate neoprene rollers, rubber washers or similar noise reduction components in all hinges and connections and between all parts of the dock to prevent any noise; and all pilings supporting the floating dock shall be positioned on the inside of the dock.

(e)

A floating dock attached to, adjacent to, or associated with a conventional dock shall be considered one (1) dock. As such, the aggregate length of the conventional dock and floating dock shall not exceed the allowable maximum length set forth elsewhere in this section, and the limits on dolphin pilings, gear, trash receptacles, equipment, boxes, benches, color and dock location shall be applied to the floating dock as part of the conventional dock.

(14)

No dock, dolphin pilings and/or boat or water vessel attached to it shall prevent passage through any navigable water channel or way as evidenced by bathymetric surveys which shall indicate the location and width of any navigable channel or way with respect to such dock.

(15)

Docks are permitted to be accessory uses only and no more than one (1) dock, as an accessory use, may be on or project from any lot or lot of record. See also the definition of "ACCESSORY USE or BUILDINGS or STRUCTURES", and "DOCK". Any dock that is constructed prior to the principal single family residence or that remains on an otherwise vacant lot or lot of record may be used only by the owner of said lot or lot of record, and may only remain and be so used for a maximum of two years prior to the issuance of a certificate of occupancy for the principal single family residence. The Town Commission may extend the two-year limit when a public need for such extension has been demonstrated to the satisfaction of the Town Commission, on a case-by-case basis. For any vacant lot or lot of record that contains a dock on August 1, 2020, the two-year period shall commence on August 1, 2020. For any lot or lot of record that becomes vacant after August 1, 2020, the two-year period shall commence on the date that the Building Official issues a certificate of completion for the dock on the otherwise vacant lot. Regardless of the timing, all such docks shall be maintained pursuant to all applicable Town codes and building codes for construction and maintenance of docks.

(16)

No dock or portion of a dock, including any dock accessory structure, vessel-lifting device, or dolphin piling, shall be located closer twenty-five (25) feet to any other dock or portion thereof or any other dock's accessory structure, vessel-lifting device, or dolphin pilings or to any other lot or lot of record to which such dock is not accessory or to the closest portion of the side lot lines of the lot or lot of record from which the dock projects or the waterward projection or extension of such side lot lines.

(17)

Each dock shall have a light at its terminus and all light(s) installed shall be maintained in good working order, shall cast a clear white or yellow light, and shall not exceed the intensity of a forty (40) watt tungsten filament incandescent or equivalent (less than or equal to four hundred eighty (480) lumens. All dock lights shall operate on automatic light sensor turning on at dusk and off at dawn, shall not project above the dock surface higher than sixty (60) inches and may be solar powered. These same illumination intensity regulations shall apply to lighting for steps attached to a dock, if any.

(C)

Docking boats.

(1)

No boat, ship or water vessel exceeding in length fifty (50) percent of the bulkhead length of any lot shall be docked at any dock on or projecting from such lot.

(2)

No portion of any docked boat, ship or water vessel shall project closer than twenty-five (25) feet to the closest portions of the side lot line of any lot or lot of record to which such dock is accessory or the waterward projection or extension of such side lot lines or closer than twenty-five (25) feet to any lot or lot of record to which such dock is not accessory.

(3)

The total of the length of any and all boats, ships or water vessels docked at any dock at any given time shall not exceed in length fifty (50) percent of the bulkhead length of the lot to which such dock is accessory and in no event shall any more than three (3) boats, ships or water vessels be docked at, tied to or rafted to any dock at any one (1) time.

(4)

No boat, ship or water vessel keel or hull may be supported, elevated, suspended or otherwise placed or maintained more than twelve (12) inches above the surface of and out of the water at high tide.

(5)

No boat, ship or water vessel or any part thereof shall be placed, stored, or maintained upon the surface of any dock.

(6)

Houseboats are strictly prohibited.

('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; Am. Ord. 229, passed 6-22-04; Am. Ord. 261, passed 4-25-06; Am. Ord. 306, passed 8-23-11; Am. Ord. 370, passed 7-28-20; Am. Ord. 371, passed 7-28-20; Am. Ord. 378, passed 7-23-21)

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 eighteen (18) 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 setbacks for this zoning District and shall be setback from the rear lot line, bulkhead or seawall no less than twenty-five (25) feet; 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, except on corner lots where hedges located in the required front yard shall not exceed ten (10) 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 for retaining walls as provided 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 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 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 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 the required front yard shall be limited in accordance with subsection (A) hereinabove. 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 nine (9) feet wide by twenty (20) 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 fifty (50) percent or greater of the surface area distributed, evenly;

(6)

Rail spacing of driveway gates shall be approximately four (4) inches or greater, exclusive of decorative elements and finials.

(7)

No such driveway gates shall exceed the height limitations for walls and fences as set forth in subsection (A) hereinabove. Driveway gateposts shall not exceed the maximum height of six (6) feet as measured from the adjacent grade.

(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. 336, passed 7-28-15; Am. Ord. 344, passed 2-23-16; 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