To provide for single-family residential development of spacious character together with recreational facilities; special exception uses and accessory uses as may be necessary or are normally compatible with residential surroundings. This District is established to protect existing development of high character and contains vacant land considered appropriate for such development in the future.

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

Single family dwellings west of Highway A1A.

(Am. Ord. 212, passed 2-25-03; Am. Ord. 366, passed 4-23-19)

(A)

Guest houses located with single family dwelling west of Highway A1A.

(B)

Private garages located with single family dwelling west of Highway A1A.

(C)

Private swimming pools located with single family dwelling west of Highway A1A.

(D)

Private cabanas (pool house) located with single family dwelling west of Highway A1A.

(E)

Private docks located with single family dwelling west of Highway A1A.

(F)

Beach shelters located with single family dwelling west of Highway A1A.

(G)

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).

(H)

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

(Am. Ord. 212, passed 2-25-03; Am. Ord. 254, passed 12-13-05; Am. Ord. 265, passed 8-22-06; Am. Ord. 266, passed 11-14-06; Am. Ord. 366, passed 4-23-19; Am. Am. Ord. 382, passed 1-25-22)

(A)

Essential services.

(B)

One (1) beach house, or one (1) private cabana (pool house) associated with a private swimming pool, or one (1) beach shelter for the use of family and guests only, located east of Highway A1A. No beach house, private cabana (pool house) associated with a private swimming pool, or beach shelter may be constructed east of Highway A1A unless the construction of such beach house, private cabana (pool house) associated with a private swimming pool, or beach shelter is in conjunction with and as part of the construction of an associated single family dwelling on the west side of Highway A1A; or unless a habitable single family dwelling already exists on that portion of the lot lying west of Highway A1A. A beach house, private cabana (pool house) associated with a private swimming pool, or beach shelter may not be used by any person for any purpose unless and/or until a Certificate of Occupancy has been issued for an associated single family dwelling, which is located on the same lot or lot of record on the west side of Highway A1A. Additionally, if the associated single family dwelling becomes uninhabitable, is abandoned or ceases to exist for any reason, whatsoever, any and all use of the subject beach house, private cabana (pool house) associated with a private swimming pool, or beach shelter shall be strictly prohibited unless and/or until a Certificate of Occupancy is issued for a subsequently constructed or rehabilitated single family dwelling west of Highway A1A.

(C)

Supplemental parking; underground parking facilities.

(D)

Recreational uses on west side of A1A (allowed no closer than twenty-five (25) feet from the westerly right-of-way line for A1A; may not be habitable; height no greater than allowable site wall height; and must be screened from public view.)

(E)

Lighted tennis courts; subject to site plan review, fencing, screening with plantings and hours of operation. (West of A1A only)

(F)

Pedestrian Passageway under South Ocean Boulevard (Florida Highway A1A); see Section 151.581 for additional regulations and use restrictions.

(G)

Private swimming pools east of Highway A1A.

('81 Code, Schedule B) (Ord. 97, passed 4-26-76; Am. Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03; Am. Ord. 254, passed 12-13-05; Am. Ord. 266, passed 11-14-06; Am. Ord. 268, passed 2-27-07; Am. Ord. 366, passed 4-23-19)

The following supplementary lot regulations shall be applied in the R1-B Zoning District:

(A)

No structure shall be located, erected, constructed, added on to, repaired, reconstructed or altered and no construction of any kind, nature or description shall occur on land lying east of Highway A1A except as follows:

(1)

Walls, fences, screens and plantings allowed by other provisions of this chapter; and

(2)

Ingress and egress for pedestrian passageway; and

(3)

One (1) beach house, or one (1) beach shelter, or one (1) private cabana (pool house) associated with a private swimming pool. It is the express intent of this section to allow only one of the aforementioned buildings (in addition to a wall/fence, or a walkway from Highway A1A) to be located, erected, constructed, added on to, repaired, reconstructed or altered on any lot east of Highway A1A.

(4)

Beach Houses shall not exceed sixteen (16) feet in overall height and one thousand (1,000) square feet in area under roof or ceiling or cover, and may have accessory thereto one (1) deck that shall not exceed two hundred fifty (250) square feet in total area whether attached to the beach house or detached. If the deck is attached and immediately adjacent to the beach house, an awning may cover up to two hundred fifty (250) square feet of the deck; however, the deck may not be enclosed in any manner, whatsoever. The maximum dimension of any beach house in the north-south orientation shall not exceed thirty-seven and one half (37.5) feet. The maximum dimension of any beach house in the east-west orientation shall be controlled by the maximum permitted square footage, applicable setbacks and DEP regulations, which limit maximum easterly construction. A stand-alone detached deck, not to exceed one thousand (1,000) square feet in total area, may be permitted without a beach house, but is not allowed to have an awning, a roof or the like and shall not be visible from the beach, the adjacent neighboring properties or from the road right-of-way. Beach houses in the R1B Zoning District shall have a side setback from the side lot lines of no less than twenty (20) feet, a front setback of no less than fifteen (15) feet from the easterly right-of-way line of Highway A1A and a rear setback of no less than one hundred (100) feet from the mean high water line of the Atlantic Ocean if no seawall is present or zero (0) feet from the seawall if a seawall is present. All decks and beach houses must be entirely built within the required setbacks for beach houses, and must be heavily screened from view from the road right-of-way and from adjacent neighboring properties; and must be landscaped on the beach side. Additionally, an environmentally sensitive (limiting and minimizing damage and potential damage to the shore, beach, dunes and native or desirable beach/system vegetation) walkway at ground level, no more than four (4) feet in width is also permitted as an accessory to a beach house.

(5)

In addition to the above, one walkway from Highway A1A is permitted as accessory to beach house or private cabana (pool house) or beach shelter.

(B)

No dwelling shall be located, erected, constructed, added on to, repaired, reconstructed or altered upon a lot of record or lot not extending the width of Palm Beach Island or the width of the applicable District from the mean high water lines of waters of the Atlantic Ocean to the waters of Lake Worth.

(C)

No 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 one hundred fifty (150) feet on Highway A1A.

(D)

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 (D) 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.

(E)

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 by this chapter.

(F)

Dune walkovers are permitted but shall comply with all the setback requirements of an accessory structure unless otherwise specified (see definition of DUNE WALKOVER, Section 151.003).

('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. 261, passed 4-25-06; Am. Ord. 286, passed 5-26-09; Am. Ord. 306, passed 8-23-11; Am. Ord. 335, passed 6-23-15; Am. Ord. 366, passed 4-23-19; Am. Ord. 367, passed 6-20-19; Am. Ord. 378, passed 7-23-21)

Cross reference— Penalty, see Section 151.681

(A)

Height generally. No 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 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. The height of beach houses in Zoning District R1B is regulated by Section 151.094 above.

(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) 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) 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 thirty-five (35) feet from the easterly right-of-way line of Highway A1A and at least fifty-five (55) feet from the westerly right-of-way line of Highway A1A, except for dune walkovers, which must be set back at least ten (10) feet from the easterly right-of-way line of Highway A1A.

('81 Code, Section 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; Am. Ord. 286, passed 5-26-09)

Cross reference— Penalty, see Section 151.681

(A)

Single-family dwellings and accessory structures shall have a side setback from the side lot lines as follows:

(1)

A single story structure shall have an aggregate side yard width equal to twenty (20) percent of the average width of the lot or lot of record, or equal to the overall height of the building (as defined at Section 151.003), whichever is greater. Nonetheless, no side yard shall be less than fifteen (15) feet.

(2)

A two (2) story structure shall have an aggregate side yard width equal to thirty (30) percent of the average width of the lot or lot of record, or equal to the overall height of the building (as defined in Section 151.003), whichever is greater. Nonetheless, no side yard shall be less than twenty-five (25) feet.

(B)

All other structures, except beach houses, beach shelters, and private cabanas (pool houses) associated with a private swimming pool, (which are regulated by Section 151.003 and Sections 151.093 and 151.094) shall have a side setback from the side lot lines not less than the height of the structure above grade or fifteen (15) feet, whichever is greater.

(C)

If any side yard of any such structure fronts on any street, the greater of the front setback requirement or the said 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. 191, passed 5-22-01; Am. Ord. 212, passed 2-25-03; Am. Ord. 263, passed 6-27-06; Am. Ord. 286, passed 5-26-09; Am. Ord. 366, passed 4-23-19)

Cross reference— Penalty, see Section 151.681

No structure except a dock which is regulated at Section 151.103 and beach houses, beach shelters, and private cabanas (pool houses) associated with a private swimming pool which are defined and regulated at Sections 151.003, 151.093 and 151.094 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)

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. 286, passed 5-26-09; Am. Ord. 366, passed 4-23-19)

Cross reference— Penalty, see Section 151.681

Except for private garages accessory to single-family dwellings, 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 exceeds two (2) 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 exceeds two (2) stories in height; or

(F)

Thirty-five (35) feet if any part of both buildings exceeds two (2) stories in height, as appropriate or the minimum horizontal distance between the closest projection of any two (2) adjacent buildings shall be the number of feet equal to the sum of the heights of the two (2) adjacent buildings divided by two (2), whichever is greater.

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

(A)

Ground floor area. No single-family dwelling shall have a ground floor square foot area less than three thousand (3,000). In computing square foot area hereunder, open or screened porches shall be given fifty (50) percent credit of their actual square foot area. Additionally, for all lots or lots of record having an average lot width of two hundred (200) feet or less, the maximum allowable square foot floor area of any second floor or story shall not exceed seventy-five (75) percent of the total square foot floor area of that structure's first or ground floor. All portions of the second floor which are under roof, even if open to the first floor below, shall be counted as floor area as if they were not open to the first floor below.

(B)

Lot coverage. Lot coverage shall not exceed thirty-five (35) percent of the total area created by the sum of fifty (50) percent of that portion of the lot or lot of record which is located east of State Road A-1-A plus one hundred (100) percent of that portion of the lot or lot of record which is located west of State Road A-1-A. When computing percent of lot coverage all driveways and vehicular parking areas, covered and uncovered pool decks and patios and lanais shall be computed at fifty (50) percent of their actual square foot area; walkways are excluded entirely. Additionally, driveways and vehicular parking areas that are composed entirely of grass pavers or similar materials are also excluded from lot coverage calculations.

('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. 263, passed 6-27-06; Am. Ord. 342, passed 11-17-15)

Cross reference— Penalty, see Section 151.681

No private garage shall have its entrance facing the street except where fully sight-screened from view from Highway A1A by a structure or earth berm. 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 one hundred fifty (150) feet from any lot or lot of record or seawall.

(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 side lot line and the point from which the dock is to project in order to satisfy the requirements of (B)(1 )(a).

(2)

No dock finger or projection 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 dock, the total waterward projection of the stem and "T" or "L" addition not to exceed the maximum waterward projection allowed and the total dimension of such terminus not to exceed fifty (50) feet by eight (8) 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 dock terminus dimension of seventy-five (75) feet by eight (8) feet shall be permitted so long as the dock or any portion of the dock, including any associated dock accessory structure, vessel-lifting device, or dolphin pilings, is setback at least fifty (50) feet from the extended side lot property lines.

(3)

Side setback. No dock or portion of a dock, including any dock accessory structure, vessel-lifting device, or dolphin pilings, shall be located closer than the below set forth footage distance 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:

(a)

Where the dock projects waterward less than one hundred (100) feet as calculated in subsection (B)(1) above, the setback is twenty-five (25) feet; and

(b)

Where the dock projects waterward more than one hundred (100) feet as calculated in subsection (B)(1) above, the setback is fifty (50) feet.

(4)

Except for the terminus of a dock, 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.

(5)

Dolphin pilings are permitted only if accessory to any dock; no more than six (6) 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. However, if the dock's terminus is less than the maximum width allowed for that lot, permitted dolphin pilings may be placed no more than thirty-five (35) feet from the point to which such maximum width dock terminus would have extended so long as there is no encroachment into the waterward extension of the applicable side setback lines.

(6)

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.

(7)

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.

(8)

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.

(9)

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

(10)

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.

(11)

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.

(12)

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.

(13)

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.

(14)

All docks shall be centered or within ten (10) feet of center on the lot or lot of record and shall run parallel with the side lot lines of the lot or lot of record on which it is located. However, on a lot or lot of record having a width of three hundred (300) feet or greater the dock need not be centered but the dock and any portion of the dock, including any associated dock accessory structure, vessel-lifting device, or dolphin pilings, must be setback no less than fifty (50) feet from the extended side lot line of the lot or lot of record from which such dock projects.

(15)

Dock accessory structures and vessel-lifting devices (boat elevators, boat-lifts, platforms, and personal watercraft lifts) are permitted on docks. Dock accessory structures containing a flat surface or platform shall be included in all calculations related to a dock's size, location, terminus configuration, maximum allowable length, and compliance with side setbacks. 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 length 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.

(16)

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.

(17)

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. Any and all allowed and/or prescribed dock lights shall conform to the requirements as set forth herein above.

(C)

Docking boats.

(1)

No portion of any docked boat, ship or water vessel shall project closer than twenty (20) 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 (20) feet to any lot or lot of record to which such dock is not an accessory.

(2)

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.

(3)

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

(4)

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. 366, passed 4-23-19; Am. Ord. 370, 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 or rear lot line, bulkhead or seawall, measured from the "wet edge" of the swimming pool or spa, and subject to additional state and county regulatory authority as applicable, 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 setback 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, planters, fountains, hand rails, ladders, diving boards, slides and the like, shall be three point five (3.5) feet above the pool deck upon which they are 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; Am. Ord. 366, passed 4-23-19)

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

Garden 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. West of Highway A1A, all walls, fences or hedges located between the front building line and the street right-of-way line shall not exceed six (6) feet in height, except as otherwise permitted for retaining walls in subsection (G) below. East of Highway A1A, all walls, fences and hedges shall not exceed two and one-half (2½) feet in height, unless otherwise permitted in subsection (G) below. 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. 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 or rear building line and the side or rear lot line shall not exceed six (6) 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. The height of a wall or fence located in a side or rear yard, unless otherwise permitted pursuant to subsection (G) below, 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 or from the grade of the lot or lot of record, whichever height is less. Except as set forth in subsection (A) above, hedges located along the side property lines shall be allowed at an unlimited height to a point located twenty-five (25) feet from the seawall, bulkhead line, fill line or mean high water line of the waters of Lake Worth (including Spanish River) or the Atlantic Ocean, 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 six (6) feet above grade as measured from the lowest adjacent grade. All hedges must be properly trimmed and maintained at all times.

(C)

Street right-of-way. No garden wall, fence or hedge shall be located closer than two and one-half (2½) feet to any street right-of-way.

(D)

Plantings. No plantings on or within five (5) feet of any wall or fence shall exceed the height herein allowed for such walls or fences, except for trees.

(E)

Gateposts. Gateposts not exceeding three (3) feet in any horizontal dimension may be erected and/or constructed in connection with the erection and/or construction of a wall or fence, the gateposts not to exceed two (2) feet above that 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 fence, 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. 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

RESERVED.