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2024.11.14_PB_Agenda_Regular
AGENDA PLANNING BOARD REGULAR MEETING Thursday, November 14, 2024 AT 9:30 AM TOWN OF HIGHLAND BEACH, FLORIDA 3614 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us Town Hall Commission Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA 5. SWEARING IN OF THE PUBLIC 6. APPROVAL OF MINUTES A. September 12, 2024 7. UNFINISHED BUSINESS A. None. 8. NEW BUSINESS A. Development Order Application No. PZ-24-8 / Robert Hammond Application by Darrin Dunlea, Seadar Builders, requesting site plan approval for a new two-story, 6,012 square foot single family residence with pool and jacuzzi for the property located at 4203 Tranquility Drive. B. Development Order Application No. PZ-24- 4 / Daniel Edwards Application by Toly Pappas, Randall Stofft Architects, requesting site plan approval for a new three story, two-unit (5,217 square foot per unit) townhome development with pool and spa for the property located at 4306 South Ocean Boulevard. Page 1 Agenda – Planning Board Regular Meeting Thursday, November 14, 2024, 9:30 AM Page 2 of 2 C. Proposed amendment to the Town Code of Ordinances regarding Accessory Marine Facilities (AMF) and seawall regulations. D. Proposed amendment to the Town’s Zoning Code (Chapter 30) relating to home - based businesses 9. ANNOUNCEMENTS November 19, 2024 1:30 PM Town Commission Meeting December 03, 2024 1:30 PM Town Commission Meeting December 12, 2024 9:30 AM Planning Board Regular Meeting 10. ADJOURNMENT Any person that decides to appeal any decision made by the Board of Adjustment & Appeals with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 2 File Attachments for Item: A. September 12, 2024 Page 3 TOWN OF HIGHLAND BEACH PLANNING BOARD REGULAR MEETING MINUTES Town Hall Commission Chambers 3614 South Ocean Boulevard Highland Beach, Florida 33487 Date: September 12, 2024 Time: 9:30 AM 1. CALL TO ORDER Chairperson Goldenberg called the meeting to order at 9:30 A.M. 2. ROLL CALL Board Member Jason Chudnofsky Board Member David Axelrod Board Member Eve Rosen Board Member Roger Brown Vice Chairperson Ilyne Mendelson Chairperson Eric Goldenberg Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart ADDITIONAL STAFF PRESENT Town Planner Ingrid Allen ABSENT Board Member David Powell 3. PLEDGE OF ALLEGIANCE The Board Members led the Pledge of Allegiance to the United States of America. 4. APPROVAL OF THE AGENDA Motion: Rosen/Axelrod - Moved to approve the agenda as presented which passed 6 to 0. 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Jaclyn DeHart swore in those giving testimony. 6. APPROVAL OF MINUTES A. June 13, 2024 Page 4 Planning Board Regular Meeting Minutes Date: September 12, 2024 Page 2 of 3 Motion: Rosen/Mendelson - Moved to approve the minutes as presented which passed 6 to 0. 7. UNFINISHED BUSINESS A. None. 8. NEW BUSINESS A. Development Order Application No. PZ-24-6 / Yachtsman's Cove Town House Application by Akbar Mondal, Boat Lifts & Docks of South Florida, for a special exception to install a new 884 square foot dock and to raise the existing seawall cap an additional three (3) feet for the Yachtsman’s Cove Townhouse Condominium Association Inc. Located at 1000-1016 Bel Air Drive. Chairperson Goldenberg read the title of the item and asked the Board Members if they had any ex parte communications to disclose. The Members had no ex parte communications. Chairperson Goldenberg opened the public hearing and called Town Plann er Allen to present the application. Town Planner Allen presented development order application No. PZ -24-6. Stephen Garbutt, owner of Boat Lifts & Docks of South Florida, was present and gave comments on the application. Diane Matthewman, 1109 Bel Air Dr., gave comments on the application. Mallory Herskovitz, 1016 Bel Air Dr., gave comments on the application. The Board discussed the application, and the public hearing was closed by a motion. MOTION: Rosen/Axelrod - Moved to approve (Development Order No. PZ- 24-6). Based upon roll call: Member Rosen (Yes), Member Axelrod (Yes), Member Brown (Yes), Member Chudnofsky (Yes), Member Chudnofsky (Yes), Vice Chairperson Mendelson and Chairperson Goldenberg (Yes). The motion passed on a 6 to 0 vote. 9. ANNOUNCEMENTS September 17, 2024 1:30 PM Town Commission Meeting September 18, 2024 5:01 PM Town Commission Second Public Hearing Budget Meeting Page 5 Planning Board Regular Meeting Minutes Date: September 12, 2024 Page 3 of 3 October 10, 2024 9:30 AM Planning Board Regular Meeting 10. ADJOURNMENT The meeting adjourned at 9:52 AM. APPROVED on November 14, 2024 Planning Board Regular Meeting. _________________________________ Eric Goldenberg, Chairperson ATTEST: Transcribed by: Jaclyn DeHart ____________________________________ __________11/14/2024__________ Jaclyn DeHart Date Deputy Town Clerk Disclaimer: Effective May 19, 2020, per Resolution No. 20 -008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town’s Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com/. Page 6 File Attachments for Item: A. Development Order Application No. PZ-24-8 / Robert Hammond Application by Darrin Dunlea, Seadar Builders, requesting site plan approval for a new two-story, 6,012 square foot single family residence with pool and jacuzzi for the property located at 4203 Tranquility Drive. Page 7 PLANNING BOARD STAFF REPORT MEETING OF: November 14, 2024 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY DARRIN DUNLEA, SEADAR BUILDERS, REQUESTING SITE PLAN APPROVAL FOR A NEW TWO-STORY, 6,012 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH POOL AND JACUZZI FOR THE PROPERTY LOCATED AT 4203 TRANQUILITY DRIVE. (APPLICATION NO. PZ-24-8). Applicant (Property Owner): Robert D. Hammond 4205 South Ocean Boulevard Highland Beach, FL 33487 Applicant’s Agent: Darrin Dunlea Seadar Builders 3850 NW 2nd Avenue, Suite 23 Boca Raton, Fl. 33431 Property Characteristics: Comprehensive Plan Land Use: Single Family Zoning District: Residential Single Family (RS) Site Location: 4203 Tranquility Drive Parcel PCN#: 24-43-47-04-02-005-0120 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 8 Adjacent Properties: PARCEL ZONING DISTRICT FUTURE LAND USE DESIGNATION North Residential Single Family (RS) Single Family South Residential Single Family (RS) Single Family East Residential Multiple Family Low Density (RML) Multi Family Low Density West Residential Single Family (RS) Single Family Request and Analysis: The Applicant is requesting site plan approval to construct a new two-story, 6,012 square foot single family residence with a pool and jacuzzi. The property is currently vacant. The lot previously contained a one-story single family residence that, according to the Palm Beach County Property Appraiser, was built in 1982. A demolition permit was issued by the Town’s Building Department on August 1, 2024 (Permit No. 24-636-D). Pursuant to Section 30-67 of the Town Code, a single-family detached dwelling is permitted in the RS zoning district. Section 30-31 of the Town Code indicates that single family residences require site plan approval from the Planning Board which is the decision-making authority for such development requests. Pursuant to Section 30-38(6) of the Town Code, the Planning Board shall approve or deny the site plan application. The approval may include conditions which clarify, but do not exceed, the requirements of the Zoning Code. If the request receives Planning Board approval, the applicant will be required to obtain a building permit, prior to initiation of construction, from the Town of Highland Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Planning Board. Staff reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on October 24, 2024 and finds that the project is consistent with the Town Code of Ordinances as it pertains to site development. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials Current site photo Applicant Plans (11X17) Page 9 Page 10 Page 11 0 0.01 0.020 Miles ±Scale: 1:564 Date: 10/22/2024 Time: 4:00 PM Page 12 4203 Tranquility Drive01/01/2024Previous one-story residence, shown below, has been demolished (Permit No. 24-636-D).Page 13 4203 Tranquility Drive01/01/2024Page 14 PHOTO TAKEN 10-23-24 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC HEARING APPLICATION NO. PZ-24-8 500 Ft Public Notification Boundary Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, November 14, 2024 at 9:30 AM in the Commission Chambers at Town Hall located at 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY DARRIN DUNLEA, SEADAR BUILDERS, REQUESTING SITE PLAN APPROVAL FOR A NEW TWO-STORY, 6,012 SQUARE FOOT SINGLE FAMILY RESIDENCE WITH POOL AND JACUZZI FOR THE PROPERTY LOCATED AT 4203 TRANQUILITY DRIVE. The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday through Friday during normal business hours of 8:30 a.m. to 4:30 p.m. Any person that decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record of the proceeding is made, which includes the testimony and evidence upon which the appeal is based. The Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act, persons who need special accommodation to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 278-4540. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 32 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Nov 04, 2024 SSC_Notice of Public Meeting Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: November 04, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7717158 SUN-SENTINEL Page 33 Order # - 7717158 SUN-SENTINEL Page 34 File Attachments for Item: B. Development Order Application No. PZ-24- 4 / Daniel Edwards Application by Toly Pappas, Randall Stofft Architects, requesting site plan approval for a new three story, two-unit (5,217 square foot per unit) townhome development with pool and spa for the property located at 4306 South Ocean Boulevard. Page 35 PLANNING BOARD STAFF REPORT MEETING OF: November 14, 2024 TO: PLANNING BOARD FROM: INGRID ALLEN, TOWN PLANNER SUBJECT: APPLICATION BY TOLY PAPPAS, RANDALL STOFFT ARCHITECTS, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE STORY, TWO-UNIT (5,217 SQUARE FOOT PER UNIT) TOWNHOME DEVELOPMENT WITH POOL AND SPA FOR THE PROPERTY LOCATED AT 4306 SOUTH OCEAN BOULEVARD (APPLICATION NO. PZ-24-4). Applicant (Property Owner): Daniel Edwards 654 Lakewoode Cir W Delray Beach, FL 33445 Applicant’s Agent: Toly Pappas Randall Stofft Architects 42 North Swinton Avenue Delray Beach, Fl. 33444 Property Characteristics: Comprehensive Plan Land Use: Multi Family Low Density Zoning District: Residential Multiple Family Low Density (RML) Site Location: 4306 South Ocean Boulevard Parcel PCN#: 24-43-47-04-60-000-0010, 24-43-47-04-60-000-0020, 24-43-47-04-60-000-0030 I. GENERAL INFORMATION: HIGHLAND BEACH BUILDING DEPARTMENT 3614 S. Ocean Boulevard Highland Beach, FL 33487 Ph: (561) 278-4540 Fx: (561) 265-3582 Page 36 Adjacent Properties: PARCEL ZONING DISTRICT FUTURE LAND USE DESIGNATION North Residential Multiple Family Low Density (RML) Multi Family Low Density South Residential Multiple Family Low Density (RML) Multi Family Low Density East Residential Multiple Family Low Density (RML) Multi Family Low Density West Residential Single Family (RS) Single Family Request and Analysis: The Applicant is requesting site plan approval to construct a new three story, two-unit (5,217 square foot per unit) townhome development with pool and spa. The property currently contains a single structure that consists of three (3) two-story townhome units. The Applicant proposes to demolish the existing structure. Pursuant to Section 30-67 of the Town Code, a two-unit townhome is permitted in the RML zoning district. Section 30-131 of the Town Code defines multifamily dwelling as follows: Dwelling, multifamily means a residential building containing more than one dwelling unit, including such dwelling types as an apartment building, duplex, triplex, fourplex, townhouse apartment, patio apartment, garden apartment, and villa apartment. Pursuant to the maximum density regulation for the RML zoning district (six (6) dwelling units per acre) found in Section 30-64 of the Town Code, a maximum of two (2) dwelling units is permitted on the property. It is worth noting that the property is exempt from the side corner yard setback (25 feet for the RML zoning district) as defined in Section 30-131 below. The property’s legal description is Block 1, lot 19, Bel Lido Subdivision and therefore the side setback along Bel Lido Drive is 12 feet as provided in the property development regulations found in Section 30-64. Yard, side corner means a required yard or setback extending along the street side of a lot between the required front and rear yards or setbacks and, for the purposes of this Code, all yards adjacent to streets shall be considered front yards, except Block 1, lot 19; Block A 2, lot 1, Bel Lido Subdivision. There are no proposed changes to the landscaping in Florida Department of Transportation’s (FDOT) right-of-way along State Road A1A. The Applicant is proposing a new driveway and therefore a Town right-of-way permit is required. Pursuant to Town Resolution No. 2021-041, Town Commission approval is required for construction improvements within FDOT’s State Road A1A right-of-way until completion of FDOT’s Resurfacing, Restoration, and Rehabilitation (RRR) Page 37 Project. The Applicant has received FDOT approval for the new driveway (Permit No. 2024-A-496- 00043). Section 30-31 of the Town Code indicates that a request for site plan approval for a multifamily residence requires an advisory review from the Planning Board and a final approval from the Town Commission. If the request receives Town Commission approval, the applicant will be required to obtain a building permit, prior to initiation of construction, from the Town of Highland Beach Building Department. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall be initiated within two (2) years following the date of approval by the Town Commission. Staff reviewed the Applicant’s proposed request including plans date stamped received by the Building Department on October 24, 2024 and finds that the project is consistent with the Town Code of Ordinances as it pertains to site development. Should you have any questions, please feel free to contact me at (561) 637-2012 or iallen@highlandbeach.us Attachments: Application Aerials Applicant Plans (11X17) Page 38 Page 39 Page 40 Page 41 0 0.01 0.020 Miles ±Scale: 1:564 Date: 10/24/2024 Time: 4:21 PM Page 42 4306 South Ocean Blvd (front)01/01/2024South Ocean Blvd.Bel Lido Dr.SUBJECT PROPERTYPage 43 4306 South Ocean Blvd. (rear)01/01/2024SUBJECT PROPERTYPage 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 TOWN OF HIGHLAND BEACH NOTICE OF PUBLIC HEARING APPLICATION NO. PZ-24-4 500 Ft Public Notification Boundary Dear Property Owner: This is to notify you that the PLANNING BOARD of the Town of Highland Beach will conduct a public hearing on Thursday, November 14, 2024 at 9:30 AM and the TOWN COMMISSION will conduct a public hearing on Tuesday, December 17, 2024 at 1:30 PM in the Commission Chambers at Town Hall located at 3614 South Ocean Boulevard, Highland Beach, Florida to consider the following application. APPLICATION BY TOLY PAPPAS, RANDALL STOFFT ARCHITECTS, REQUESTING SITE PLAN APPROVAL FOR A NEW THREE STORY, TWO-UNIT (5,217 SQUARE FOOT PER UNIT) TOWNHOME DEVELOPMENT WITH POOL AND SPA FOR THE PROPERTY LOCATED AT 4306 SOUTH OCEAN BOULEVARD. The application is available for inspection in the Town Clerk’s Office at Town Hall, Monday through Friday during normal business hours of 8:30 a.m. to 4:30 p.m. Any person that decides to appeal any decision made by the Town Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record of the proceeding is made, which includes the testimony and evidence upon which the appeal is based. The Town of Highland Beach does not provide such a record. In accordance with the Americans with Disabilities Act, persons who need special accommodation to attend or participate in this meeting should contact the Town Clerk’s Office at (561) 278-4548 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770 or 1-800-955-8771. For additional information, please contact the Town Planner at (561) 278-4540. TOWN OF HIGHLAND BEACH, BUILDING DEPARTMENT Page 75 Page 76 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Nov 04, 2024 SSC_Notice of Public Meeting Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: November 04, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7717163 SUN-SENTINEL Page 77 Order # - 7717163 SUN-SENTINEL Page 78 SUN-SENTINEL Page 79 File Attachments for Item: C. Proposed amendment to the Town Code of Ordinances regarding Accessory Marine Facilities (AMF) and seawall regulations. Page 80 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board MEETING DATE November 14, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town Code of Ordinances regarding Accessory Marine Facilities (AMF) and seawall regulations. SUMMARY: At the April 2, 2024 Town Commission meeting, the Commission considered a discussion item on the proposed amendment concepts to the AMF and seawall regulations of the Town Code of Ordinances (“Town Code”). Consensus from the Town Commission was to proceed with amendment concept numbers 1 through 4, and 6 while a “no action” option was provided for concept numbers 5 and 7 (see table below). The Commission directed staff to draft an Ordinance on the selected amendment concepts. At the September 17, 2024 Town Commission meeting, the Commission discussed a draft Ordinance and made a motion to send the Ordinance (as amended) to the Planning Board that encompasses approved concepts one (1) through four (4) and asked that the Board discuss and provide more detailed information regarding ladders to include timing, placement, and whether they should be mandatory or voluntary (Mot ion carried 5-0). Pursuant to Section 30-44(c) of the Town Code, the Planning Board shall provide a recommendation to the Town Commission on Zoning Code text amendments. PROPOSED AMENDMENT CONCEPT PLANNING BOARD (“Board”) RECOMMENDATION TOWN COMMISSION (4-2-24) 1. Maximum height for AMFs: Base Flood Elevation (BFE) plus 7 feet. Maximum height for AMFs: BFE plus 8 feet. Agree with Board recommendation, include definition of “top of boat lift.” 2. Exempt personal watercraft (PWC) lifts from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted” OR remove requirement. Exempt personal watercraft (PWC) lifts from the requirement that “in no case shall the lift be higher than the superstructure of the boat when lifted.” Agree with Board recommendation. 3. Maximum seawall cap width = 3 feet; maximum seawall cap plus dock width = 8 feet. Maximum seawall cap plus dock width at eight (8) feet. Agree with Board recommendation. Page 81 PROPOSED AMENDMENT CONCEPT PLANNING BOARD (“Board”) RECOMMENDATION TOWN COMMISSION (4-2-24) 4. Encroachment into water at 25 feet or 25% of waterway width, whichever is less (measured from the shortest distance adjacent to property line). Encroachment into water for AMFs at 25 feet or 25 percent of the waterway width, whichever is less, (excludes AMFs along the Intracoastal Waterway) to be measured from wetface of seawall or bulkhead. Agree with Board recommendation. 5. 10 foot side setback for all zoning districts. For lots < 100 feet in width, setback is 10% of width; however, setback cannot be less than 5 feet. No side setback for docks Townwide. A minimum 10-foot side setback for all other AMFs Town wide (For lots less than 100 feet in width, setback is 10% of width, setback cannot be less than 5 feet). Such recommendation does not apply to floating vessel platforms which are regulated by Florida Statute. No action. 6. Require a ladder for every 50 feet of dock. Provide one (1) ladder for each 100 feet abutting waterway, canal or lake, for properties less than 100 feet, provide one ladder. The ladder shall be either adjustable or fixed and shall extend into the water at mean low tide. Ladder requirement would be triggered as part of a special exception request. Provide two (2) versions of amendment to include a ladder “requirement” verses a ladder “encouragement.” In addition, exempt single- family residences located on the Intracoastal Waterway from any ladder provision. 7. Maximum seawall height (additional concept, not included in initial proposal) Maximum seawall height: BFE plus one (1) foot. No action. A ladder provision that “encourages” the use of marine-related ladders has been incorporated into the Ordinance as follows: Section 30-68(g)(8): Ladders are permitted on docks, seawalls, finger piers or other mooring facilities. A proposed ladder “requirement” is provided below and is based on the Board’s initial recommendation. For reference purposes, a table of other municipal regulations pertaining to marine-related ladders is attached. Section 30-68(g)(8): *** All properties, with the exception of single-family residences (located within a single-family zoning district) that abut the Intracoastal Waterway, shall provide one (1) ladder for each 100 feet abutting waterway, canal or lake . For properties less than 100 feet, provide one ladder. Such ladder requirements shall coincide with a request for special exception. The Page 82 ladder shall be either adjustable or fixed and shall extend into the water at mean low waterline. The proposed Ordinance also contains non-substantive housekeeping changes including the addition of “designee” where particular Town staff duties are referenced. Rather than referencing each specific staff member that may exert such duties, a general reference to “designee” is more efficient. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (see attached). A brief history on hearings held and other related matters pertaining to the proposed amendments to the accessory marine facility and seawall regulations are provided below: November 17, 2020 - Town Commission authorized Vice-Mayor Greg Babij to sponsor the review and propose any amendment(s) to the accessory marine structure ordinance provisions (motion carried 5-0). March 15, 2022 – Town Commission considers introduction to proposed amendment concepts regarding the AMF provisions of the Town Code. Commission consensus was to establish a process for review of such amendment concepts to include public participation and review by the Planning Board. April 19, 2022 – Town Commission provides direction in establishing a process for review of amendment concepts as follows: 1. Requests that the Planning Board watch the April 19, 2022 Town Commission discussion on such item (Number 10D). 2. Requests that the Planning Board physically observe the various canal/lot widths and existing AMFs including boat lifts located within the Town. 3. Create maps of the various waterway widths (including canal and lakes). 4. Once Board site observations are complete, staff is to send out notices to all waterfront property owners (west of State Road A1A) prior to the Planning Board meeting where the Board will discuss proposed amendment concepts as provided to the Town Commission on March 15, 2022. May 12, 2022 – Planning Board considers the April 19, 2022 direction provided by the Town Commission regarding Board review process for proposed amendments to the AMF regulations of the Town Code. May 23-27, 2022 – Planning Board participates in individual site observations of the Town waterways via the Police Department’s Marine Patrol Unit (for those Board members who do not have access to a boat). Note five (5) of the seven (7) Board members conducted their observations on the Marine Patrol Unit vessel. June 21, 2022 – Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission was to hold neighborhood meetings at the Town library in an effort to engage input from residents on the proposed changes, and that such meetings commence in October or November upon return of seasonal residents. Page 83 August 16, 2022 - Town Commission considers a discussion on a “review timeline” for proposed amendment concepts. Consensus from the Commission is to hold three (3) evening meetings in early November 2022. December 5, 7,13, 2022 – Public Input Meetings regarding proposed changes (“amendment concepts”) to the AMF and seawall regulations of the Town Code of Ordinances were held at the Town Library. February 7, 2023 – Town Commission discussion on December 2022 Public Input Meetings to include summary and next steps. February 23, 2023 - At the request of the Bel Lido HOA president, staff presented the proposed amendment concepts at the Bel Lido HOA meeting. June 6, 2023 – At the request of the Town Commission, an update on the Planning Board’s ongoing discussion of the amendments concepts was provided to the Commission. June – July 2023 - At the request of the Planning Board, an additional round of individual Board member site observations of the Town waterways was conducted via the Police Department’s Marine Patrol Unit. Note five (5) of the seven (7) Board members participated. September 21, 2023 and October 12, 2023 – The Planning Board approved recommendations on the proposed amendment concepts. For Amendment Concept No. 1, motion carried 5-2 (October 12, 2023), and for Amendment Concepts 2 -7 motion carried 6- 0 (September 21, 2023). November 7, 2023 – The Planning Board’s recommendations were presented to the Town Commission by the Planning Board Chairperson, Eric Goldenberg. ATTACHMENTS: Ordinance. Business Impact Estimate Other municipal regulations pertaining to marine-related ladders. Draft report from Greg Babij. ATM report, 2/11/2022. Public Comment. RECOMMENDATION: At the discretion of the Planning Board. Page 84 ORDINANCE NO. 2024- AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND STRUCTURES,” OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 6-128, “APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICIATION OF ABUTTING PROPERTY OWNERS,” TO PROVIDE A MAXIMUM SEAWALL CAP AND DOCK WIDTH; AMENDING CHAPTER 30, “ZONING,” BY AMENDING SECTION 30-68, “SUPPLEMENTAL DISTRICT REGULATIONS,” TO PROVIDE A MAXIMUM HEIGHT FOR BOAT LIFTS, A MAXIMUM EXTENSION FOR ACCESSORY MARINE FACILICITIES INTO CANALS AND LAKES, A MAXIMUM SEAWALL CAP AND DOCK WIDTH, AND LADDER REGULATIONS AND AMENDING SECTION 30-131, “DEFINITION OF TERMS,” TO PROVIDE DEFINITIONS THAT PERTAIN TO ACCESSORY MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, on November 17, 2020, the Town Commission authorized Vice-Mayor Greg Babij to sponsor a review and propose any amendment(s) to the accessory marine structure ordinance provisions; and WHEREAS, on March 15, 2022, the Town Commission considered an introduction to proposed amendment concepts regarding the accessory marine facility provisions of the Town Code; and WHEREAS, on April 19, 2022, the Town Commission provided direction in establishing a process for review of the amendment concepts; and WHEREAS, on June 21, 2022 and August 16, 2022, the Town Commission considered a discussion on a review timeline for the proposed amendment concepts and agreed to hold three (3) evening meetings at the Town Library in an effort to engage input from residents; and Page 85 WHEREAS, on December 5, 7, and 13, 2022, Public Input Meetings were held on the proposed amendment concepts to the accessory marine facility and seawall regulations of the Town Code of Ordinances; and WHEREAS, on February 7, 2023, the Town Commission agreed to have the Planning Board review the proposed amendment concepts and provide their recommendations to the Town Commission; and WHEREAS, on September 21 and October 12, 2023, the Planning Board provided their recommendations on the proposed amendment concepts to the Town Commission; and WHEREAS, on April 2, 2024, the Town Commission agreed to move forward with five (5) of the seven (7) amendment concepts, and directed staff to draft an Ordinance accordingly; and WHEREAS, the Town Commission of the Town of Highland Beach has determined that the amendment to the Code of Ordinances is in the best interest of the Town of Highland Beach; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA that: SECTION 1. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. SECTION 2. The Town Commission hereby amends Chapter 6 “Buildings and Structures,” Article V “Seawalls; Bulkheads; Retaining Walls,” Section 6-128 “Approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners” to read as follows (additional language underlined and deleted language stricken through): Sec. 6-128. - Approval required for bulkheads, seawalls, retaining walls; required notification of abutting property owners. (a) No bulkhead, seawall, or retaining wall shall be erected or constructed in any water, canal or lake, or on land abutting thereon, within the limits of the town, unless plans and specifications have been submitted to and approved by all federal, state and county agencies with jurisdiction over such construction activities, the planning board and the town consulting engineer, with a copy of such plans and specifications being filed with the town. The planning board shall review applications under this section as special exceptions. (b) All seawalls west of State Road A1A shall be at base flood elevation (BFE) or higher as provided by the FEMA FIRM maps. The maximum combined seawall cap and dock width shall Page 86 not exceed eight (8) feet as provided in Section 30-68(g)(6)b. All seawalls on the Intracoastal Waterway and the Atlantic Ocean shall, at the discretion of the town engineer, have rip rap at the base to dissipate the wave energy and to protect the berm. SECTION 3. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article IV “Zoning Districts,” Section 30-68 “Supplemental district regulations” to read as follows (additional language underlined and deleted language stricken through): Sec. 30-68. – Supplemental district regulations. *** (g) Accessory marine facilities: (1) Accessory use. Accessory marine facilities, including docks, piers, launching facilities, boat basins, freestanding pilings and lifting and mooring devices, are permitted as accessory uses in all residential zoning districts. Accessory marine facilities shall be reviewed as special exceptions by the planning board which shall be the final authority on all applications unless the accessory marine facility is part of a site plan submittal or other application requiring town commission approval as provided for in section 30-36. a. Accessory marine facilities shall not be used for commercial purposes. b. Accessory marine facilities shall be used only by residents or their guests, and shall not be rented or leased to nonresidents or any other person other than owners or residents of the principal dwelling or dwellings. For the purpose of this section, the term guest shall mean a person or persons residing in a dwelling unit for a limited period of time, not to exceed a period of sixty (60) days within one calendar year, at the invitation of the owner or resident of the dwelling. c. Accessory marine facilities shall not be a hazard to navigation. (2) Boat basins. Boat basins are allowed in all zoning districts and reviewed by a special exception, subject to the additional standards listed below: a. The edge of any improvements associated with a boat basin shall be located at least twenty-five (25) feet from side property lines. b. The total length of improvements associated with a boat basin shall not exceed one- third (33.3%) of the length of the property line in which the basin is located. c. Not more than twenty-five (25) percent of any boat moored in a boat basin may extend waterward of property line in which the basin is located. Page 87 d. The town, at the expense of the applicant, may utilize appropriate marine, engineering, construction, and related professionals to review all aspects of such application. Such professionals shall be utilized to ensure compliance with the requirements herein, to ensure a proposed basin will not be a hazard to navigation, and to ensure a proposed boat basin will not pose a potential hazard, via erosion or other action, to the stability of neighboring properties. (3) Lifting devices. The installation of lifting devices or other means of securing boats (but not a boat dock) is allowed in all zoning districts. The maximum height for lifting devices shall be at base flood elevation (BFE), as provided by the FEMA FIRM maps, plus eight (8) feet. Lifting device height shall be measured to the top of the lift structure including mechanical equipment. In addition to the requirements for a special exception, the planning board must also find that the lifting device will provide adequate protection of neighboring property and that there is no infringement of standard navigational practices. (4) Boats and setbacks. When moored, any portion of a boat shall not extend beyond any property line, as extended waterward. (5) Enclosures. Accessory marine facilities shall not be enclosed with walls, roofs, or any other structures or improvements. (6) Installation. Accessory marine facilities shall comply with the installation standards listed below: a. In waterways not regulated by the U.S. Army Corps of Engineers or other governmental regulatory agency, docks and mooring facilities structures shall not extend into the water more than twenty-five feet (25’) or twenty-five percent (25%) of the waterway width, whichever is less (excludes docks and mooring facilities located along the Intracoastal Waterway), measured from the wet face of the seawall or bulkhead not extend into any waterway more than five (5) feet. b. In waterways regulated by the U.S. Army Corps of Engineers, The maximum combined seawall cap and dock width shall not exceed eight (8) feet. docks and mooring structures may extend to that distance allowed by said agency. c. Measurement of the width or length of a dock, as applicable, shall be made from the property line. d. Marine facilities shall comply with the side yard setbacks listed below. Page 88 1. Single-family zoning districts: Twenty-five (25) feet; provided, however, the side yard setback shall be fifteen (15) feet for any single-family lot with a lot width of fifty (50) feet or more but less than seventy (70) feet. For those lots with less than fifty (50) feet abutting the water, the planning board may grant a special exception for the installation of a seawall mounted davit type lifting device (but not a dock structure) after being satisfied as to the protection of neighboring property and no infringement of standard navigation practices. 2. Multifamily zoning districts: Five (5) feet, measured from the perimeter property lines. In multifamily residential zoning districts, marine facilities shall be exempt from side yard setback requirements for all interior lot lines. (7) Perpendicular docking. Unless otherwise provided herein, boats shall not be moored or docked perpendicular to the property at which they are located. a. A boat moored at the landward end of a canal constructed for boat docking purposes may be moored perpendicular to the property line, provided such mooring does not impede the navigation of adjacent property owners. b. A boat moored in the Intracoastal Waterway may be moored perpendicular to the property line, subject to approval by the U.S. Army Corps of Engineers. c. A request for perpendicular docking of a boat in a canal shall be considered as a special exception by the planning board. Applications for development order approval of perpendicular docking of boats shall be subject to all standards applicable to a special exception request, and the additional criteria contained herein: 1. Location of docks, docked boats, and relation to side setbacks shall be established by the waterward extension of property lines. 2. Perpendicular docking of boats shall not interfere with navigation of other boats within the affected canal, and will not be a hazard to navigation. 3. Perpendicular docking of boats shall comply with all setbacks required for accessory marine facilities. 4. Docks or accessory mooring facilities approved by the planning board for perpendicular docking of boats may exceed the maximum extension into a waterway allowed for accessory marine facilities. 5. The building official or designee, or planning board may request evidence, prepared by a recognized marine expert, demonstrating the following: Page 89 i. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the ability of abutting or adjacent property owners to construct accessory marine facilities; ii. Proposed perpendicular docking and related accessory marine facilities will not reasonably deny or otherwise limit the normal ability of abutting or adjacent property owners to moor, maneuver, use or otherwise move a boat; and iii. Proposed perpendicular docking and related accessory marine facilities will not deny reasonable visual access of abutting property owners to public waterways. (8) Ladders are permitted on docks, seawalls, finger piers or other mooring facilities. (h) Dolphins, freestanding pilings, boat lifts, docks, and moorings: (1) Installation. In order to be installed, dolphins, freestanding pilings, boat lifts, docks, and moorings (collectively "mooring facilities") shall comply with all standards listed below: a. The installation shall be subject to special exception approval by the planning board at an advertised public hearing. b. The mooring facilities will be located in a canal or waterway at least eighty (80) feet in width. c. The mooring facilities will not create a hazardous interference with navigation, endanger life or property, or deny the public reasonable visual access to public waterways. d. Construction of all mooring facilities shall require a building permit. (2) Public notice. In addition to the requirements of section 30-46, written notice must be provided by first class mail to owners of property abutting the canal and located within five hundred (500) feet, as measured from both property lines along the canal bank, of the property in question. (3) Documentation. The building official or designee, or planning board may, in the exercise of their discretion, request evidence, prepared by a recognized marine expert, demonstrating the proposed mooring facilities will not be a hazard to navigation and will not deny reasonable visual access to public waterways. (4) Adjacent property. Installation of the mooring facilities shall not cause a hazardous interference with navigation, endanger life or property, or deny the adjacent property owners or public reasonable visual access to the public waterway. (5) Navigation. Installation of such mooring facilities shall not infringe upon standard navigational practices that are or may be used by abutting property owners. Page 90 (6) Floating docks. Floating docks are permitted, subject to conformance with all zoning code requirements herein and compliance with all applicable building codes. *** SECTION 4. The Town Commission hereby amends Chapter 30 "Zoning Code,” Article VIII “Definitions,” Section 30-131 “Definitions of terms” to read as follows (additional language underlined and deleted language stricken through): Sec. 30-131. – Definitions of terms. *** Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot above the existing minimum seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted except for personal watercraft including jet skis. Dolphin pilings means that the dolphin piling shall be marine grade wood pilings with a minimum butt diameter of twelve (12) inches. Concrete pile is prohibited. Dolphin pilings shall not extend into the water more than A maximum of twenty-five (25’) feet or twenty-five percent (25%) thirty (30) percent of the waterway canal width, whichever is less (excluding such pilings located along the Intracoastal Waterway), shall be allowed, measured from the wet face of the seawall or bulkhead property line. Setback shall be no further than the primary structures side yard setback. The minimum height shall be six (6) feet above mean high water (MHW) and the maximum shall be eight (8) feet above MHW. All pilings shall have a reflective tape no more than two (2) inches below the top of the piling and should be four (4) inches in width of the complete circumference. *** SECTION 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 6. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7. Codification. Section 2 of the Ordinance shall be made a part of the Town Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “division,” or any other appropriate word. Page 91 SECTION 8. Effective Date. This Ordinance shall be effective immediately upon adoption at second reading and shall only apply prospectively. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED on first reading at the Regular Commission meeting held on this _____ day of ___________, 2024. The forgoing Ordinance was moved by ________________________________________, seconded by ___________________________________ and upon being put to the vote, the vote was as follows: VOTES: YES NO Mayor Natasha Moore ____ ____ Vice Mayor David Stern ____ ____ Commissioner Evalyn David ____ ____ Commissioner Donald Peters ____ ____ Commissioner Judith M. Goldberg ____ ____ PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held on the _____ day of ___________, 2024. _________________________ Natasha Moore, Mayor ATTEST: REVIEWED FOR LEGAL SUFFICIENCY ______________________________ ______________________________ Lanelda Gaskins, MMC Leonard G. Rubin, Town Attorney Town Clerk Town of Highland Beach Page 92 1 Posted: October 03, 2024 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the Town’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND STRUCTURES,” OF THE TOWN CODE OF ORDINANCES BY AMENDING SECTION 6-128, “APPROVAL REQUIRED FOR BULKHEADS, SEAWALLS, RETAINING WALLS; REQUIRED NOTIFICIATION OF ABUTTING PROPERTY OWNERS,” TO PROVIDE A MAXIMUM SEAWALL CAP AND DOCK WIDTH; AMENDING CHAPTER 30, “ZONING,” BY AMENDING SECTION 30- 68, “SUPPLEMENTAL DISTRICT REGULATIONS,” TO PROVIDE A MAXIMUM HEIGHT FOR BOAT LIFTS, A MAXIMUM EXTENSION FOR ACCESSORY MARINE FACILICITIES INTO CANALS AND LAKES, A MAXIMUM SEAWALL CAP AND DOCK WIDTH, AND LADDER REGULATIONS AND AMENDING SECTION 30-131, “DEFINITION OF TERMS,” TO PROVIDE DEFINITIONS THAT PERTAIN TO ACCESSORY MARINE FACILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the Town is of the view that a business impact estimate is not required by state law1 for the proposed Ordinance, but the Town is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed Ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in s. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under ss. 163.3220 -163.3243; 1 See Section 166.041(4)(c), Florida Statutes. Page 93 2 Posted: October 03, 2024 b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality. c. Sections 190.005 and 190.046; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the Town hereby publishes the following information: 1. Summary of the proposed ordinance including a statement of the public purpose to be served, such as serving the public health, safety, morals and welfare of the municipality. This Town-initiated Ordinance provides amendments to the accessory marine facility and seawall regulations of the Town Code of Ordinances. On November 17, 2020, the Town Commission of the Town Highland Beach authorized a review and proposal of any amendments to the accessory marine structure provisions in the Town Code of Ordinances. On March 15, 2022, the Town Commission considered an introduction to proposed amendment concepts that provide “clarity” on existing accessory marine facility regulations. Subsequently, three (3) public input meetings were held on December 5th, 7th, and 13th, 2022. In September and October of 2023, the Town’s Planning Board (Local Planning Agency) provided their recommendations on the proposed amendment concepts to the Town Commission. On April 2, 2024 the Town Commission agreed to proceed with five (5) of the seven (7) amendment concepts, and requested that staff provide an Ordinance. 2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the Town, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the Ordinance is enacted; (b) Identification of any new charge or fee on businesses, or for which businesses will be financially responsible; and (c) An estimate of the Town’s regulatory costs, including estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. The Ordinance will have no direct economic impact on the one (1) existing private, for- profit business in the Town. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: The Town has one (1) existing private business (Delray Sands Resort). 4. Additional information the governing body deems useful (if any): Page 94 MARINE LADDER REGULATIONS MUNICIPALITY CODE REGULATION Boca Raton For docks, provide at least 1 ladder extending from dock surface to 2 feet below mean low water. For docks in excess of 50 ft in length, 2 ladders shall be provided. Manalapan Ladders are permitted on docks. Gulf Stream For docks in single-family residential district, ancillary structures such as swim ladders are permitted Delray Beach For a dock, at least one ladder extending from the dock surface to two feet below the mean low waterline. For finger piers and docking facilities for 2 or more boats, at least 1 ladder for each 50 feet of finger pier length or major fraction (over 50%) thereof, extending from the dock surface to 2 ft below the mean low waterline. Where 2 finger piers or more are on the same property, at least 1 ladder shall be provided for each finger pier. For a dock, or combination of docks serving the same property and exceeding 50 ft in aggregate length, at least one ladder for each 50 feet of dock length or major fraction (over 50%) thereof extending from the dock surface to two feet below the mean low waterline. Where two or more docks serve the same property, at least one ladder shall be provided for each dock. Lighthouse Point All docks shall be provided with safety ladders from the dock or pier to the low-water mark of the canal. -Note, Juno Beach and Jupiter have no code provisions specific to marine ladders. Page 95 DRAFT Proposed Revisions to Marine Accessory Ordinances Abstract: The existing marine accessory ordinances lack some detail and it is recommended they are enhanced to provide clarity on topics that have been a source of ambiguity and contention. Items like maximum allowable height of marine accessories, ambiguity around jetski lifts vs. boat lifts, and the process of dealing with marine accessories in where there is a discontinuity in the waterway (i.e corner lots, end of canals) have all been points of contention between residents and the Building Department, due to lack of detail. Additionally, this is an opportune time to consider revising certain other components of the current ordinances to address anticipated future conflicts or in some cases better conform with code used by surrounding towns. While reviewing the recommended changes, it may be beneficial to envision the concept of a 3- dimensional box that sits on the rear property line of any waterfront lot. Marine accessories must completely fit within the box to be permissible. Otherwise, they would be required to go through the process of obtaining a variance. Summary of Recommendations 1)Define a Maximum Allowable Height of Marine Accessories: Recommended Maximum Height: Base Flood Elevation plus 7 feet. There have been multiple debates around what is an acceptable height of boat lifts. The current codes only state that a boat lift shall not be higher than the superstructure of the boat when lifted, but is silent on how high up in the air the combined boat lift and boat can be. This leaves open the potential for installing boatlifts on top of excessively high pilings, as long as the boat lift is fully retracted so the boat will be higher than the lift itself. It is recommended that the “height” of the 3 dimensional box behind any waterfront property be Base Flood Elevation plus 7 feet. Referencing Base Flood Elevation allows the ordinance to be dynamic with sea level rise, as it is a reference datum that has been occasionally revised higher by the US Government in conjunction with the sea level. Pilings, and also the boat lift components must not be higher than this recommended maximum allowable height. 2)Amend existing language related to Jetski (Personal Watercraft) Lifts The current codes are excessively onerous for jetski lifts, relative to boat lifts. As Section 30-131 is written, the bottom of the keel of any boat shall not be hoisted greater than one foot above the minimum seawall elevation, and in no case shall the lift be higher than the superstructure of the boat when lifted. Because of the low vertical profile of a jetski (3 feet) relative to the vertical profile of a boat lift (7 feet), a boat lift can be installed to hold a boat, but the very same boat lift would not be permissible if it is used to instead lift a jetski. Page 96 It is recommended the current code be amended by either by removing the section that states in no case shall the lift be higher than the superstructure of the boat when lifted, or simply exempt jet skis (personal watercraft) from this code. 3) Define a maximum width of a seawall cap and also a maximum width of a dock out into the water. Recommended maximum new seawall cap width of 3 feet as measured from the property line Recommended maximum dock plus seawall cap width of 8 feet as measured from the property line As properties are redeveloped and seawalls are replaced, there exists the potential for residents to look to “extend” their effective usable property out into the water by building a new seawall outside of the existing seawall. There is also the potential for properties to get extended by pouring excessively wide seawall caps on top of new seawalls and building excessively wide docks. By limiting the maximum seawall cap width from the property line, and also the maximum distance the seawall cap plus dock can extend from the property line, the risk of one property owner effectively creating their own peninsula is minimized. It is recommended that the waterside edge of any new seawall cap be limited to 3 feet from the property line, whether it is on top of a new wall, or is a cap raise on top of an existing wall. Additionally, it is recommended that any new dock built is limited to a maximum distance of 8 feet out into the water as measured from the property line. This would allow for the outer edge of neighboring docks to all be limited to the same distance from the property line regardless of seawall cap size. For example, if a property has a 2 foot wide seawall cap, then that property would be allowed to have a 6 foot wide dock, and meet the maximum combined width of 8 feet. While if a neighboring property has a 3 foot wide seawall cap, they would be limited to a dock width of 5 feet. Lastly it is recommended that language be added into the code to limit the installation of no more than 1 new seawall outside of the original property seawall that abuts the property line. This eliminates the risk that new seawalls are repeatedly installed on the waters edge side of existing seawalls, which would effectively create a man-made peninsula. 4) Define a Maximum Distance that Marine Accessories can Extend into the Water Recommended Maximum Distance: The lesser of 25 feet from the property line or 25% of the waterway width. This recommendation can be thought of as the perpendicular edge of the 3 dimensional box, as measured from the property line straight out into the water. The town codes [Sec. 30-68(g)(6)a and b] simply defer to the Army Core of Engineers for approval of distance into water. It is recommended that the maximum distance be limited to the lesser of 25 feet or 25% of the width of the canal or waterway. Additionally, this distance will be measured from the shortest distance between the two properties in question. This maximum distance of 25 feet is not an arbitrary value. It was chosen to allow residents to mix and Page 97 match combinations of seawall cap widths, dock widths and boat lift widths of reasonable size without having to obtain a variance. The chart below shows the various widths of boatlifts ranging from small boats to very large boats. For illustration, a typical 40 ft powerboat may weigh 30,000 to 40,000 lbs., and that lift is 16 ft wide (center to center) which is 17 ft wide when measured to the outsides of all pilings. This very standard lift size could be installed at any home that has also conformed to the recommended seawall cap and dock widths, and stay at the 25 ft maximum distance: 3 ft seawall cap + 5 foot dock + 17 foot boatlift = 25 ft. On the larger end of the spectrum, a 120,000 lb boatlift could hold about the largest size boat an owner would probably want to be able to lift behind a residential property. That boatlift is 22 ft wide center to center, which would be 23 feet wide to the outsides of the pilings. This “mega lift” could still fit in a back yard, but it would have to be right up against a seawall cap, as there is no room for a dock. Early seawall caps were 2 feet wide, and newer caps are 2.5 feet to 3 feet wide. Also note this lift could be installed at a property that has a 3 foot new cap, by notching out 1 foot where the inside pilings are installed. And again this is an extreme outlier example. A much more typical boat lift for very large boats would be a 50,000 or 60,000 or even possibly an 80,000 lb. lift and the widths there easily stay within the maximum 25 foot threshold with a 3 foot wide seawall cap. I am not sure Highland Beach has ever had a request to install an 80,000 or 120,000 lb. boatlift, as those are a very rare size. 5) Amend Side setbacks to utilize a smoothed definition instead of the complicated step function definition. Additionally apply the new definition to all property types. The current town codes utilize a step function where the side setbacks jump at discrete intervals. For example, if a single family zoned property is 71 feet wide, the side setbacks are 25 feet on each side. Comparatively, if a single family zoned property is 69 feet wide, the side setbacks are 15 feet on each side. Additionally, there exists a different set of side setbacks for single family zoning vs multi-family zoning. Multi-family zoning has a zero foot setback. It is recommended that the side setbacks be a smoothed function and are less for smaller properties so Page 98 as to enhance the ability to utilize the water frontage. It is also recommended that the same set of rules apply to all properties equally, regardless of zoning. Recommendations for Side setbacks: -For properties with waterline length of 100 feet or more: 10 foot side setback on either side. This setback matches surrounding towns such as Boca Raton, Hillsboro Beach, and Ocean Ridge. -For properties with waterline length of less than 100 feet: the side setbacks are proposed to be 10% of property waterline length on either side, with a minimum setback of 5 feet, on either side. Utilizing this framework, a 71 foot wide property would have side setbacks of 7.1 feet, and a 69 foot property would have side setbacks of 6.9 feet. Lastly, it is recommended that the current code clarify that with measurements will be made based on the assumption that a lot line is extended beyond said property line on a line perpendicular to the seawall or bulkhead. This clarification will provide clarity when measurements are being made with properties that have lot lines that are not perpendicular to the seawall, such as pie shaped lots. 6) Require a Ladder for every 50 feet of dock. This is simply a requirement in most surrounding towns and our code is silent. 7) Strengthen existing language on the approval process of marine accessories in areas where there is a discontinuity in the waterway by acknowledging that they are a “special case” and external expertise will be utilized. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, end of canals, or corner lots or lots that extend into a waterway. The current code is a bit nebulous around these more complicated properties, and in some cases boatlifts have previously been installed in locations where one property owner is inadvertently restricting or blocking an adjacent property owner of the ability to also install a boatlift. This situation was discussed extensively with the Marine Consultant, and in his expert opinion, no code can be written to address every possible potential scenario within the town. His recommend course of action is to treat any property that has a small water frontage (perhaps less than 50 feet) or that has a discontinuity in the waterway as “a special case.” In these special cases, the standard procedure will be to consult with a marine expert who will make recommendations to the planning board on locations and maximum permissible sizes of marine accessories, with the intention of making sure all surrounding property owners are not having their ability to also utilize the waterway restricted. The code already allows for outside experts for review of development approval requests via Sec. 30-12. The recommended code change is simply to clarify to all parties that a consultation with a marine consultant along with a consultant recommendation to the planning board will be part of the approval process in these special cases. The planning board can then decide what will be permitted. If a resident disagrees with the planning board’s approval, and feels that their access is being restricted as a result of a marine accessory installation, they can seek remedy through the court system. Page 99 Page 100 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 2/11/22 Ingrid Allen Town Planner Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 Re: Accessory Marine Facility Code Amendments Relative to Boat Lifts Town of Highland Beach Ms. Allen, This correspondence is provided as additional discussion and opinion regarding changes to Town of Highland Beach code relative to ‘Accessory Marine Structures’ and specifically boat lifts as defined within sec. 30-68 of municipal code. Items are discussed relative to potential changes to specific requirements of the current code. 1. Requirement for Accessory Marine Facilities to receive Planning Board approval The requirement that all accessory marine facilities receive planning board approval (ref. Sec. 30-68 Supplemental district regulations (g)(3)) is not a common requirement within coastal communities. Boat lifts are generally allowed with restrictions without planning board approval. Board approval is typically reserved for sites with special and unique circumstance (see item 6. below) or for variance requests from the standard provisions defined in code. The requirements for lift installation are generally defined by code in terms of limitations to the location (setback) and overall size of the structure. These limitations meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view. 2. Requirement of setbacks for all zoning districts Page 101 Page 2 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 Requirements for minimum setbacks for all zoning districts are a standard practice and are a key provision to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize visual impacts. The zero-foot setback for multi-family zoning within the Town’s current code is anomalous and does not provide a sufficient setback to meet the intent. Required minimum setbacks for boatlifts and docks vary considerably by jurisdiction. The nominal width of lots within a municipally are generally relevant to this provision. Areas with larger lots tend to have larger setback requirements, while areas with smaller lots have lesser setback requirements to allow for reasonable use. 3. Limits to waterway encroachment Limitations to the distance structures can encroach into a waterway are a standard practice and meet the intent to allow for safe navigation and minimize impacts to adjacent properties and views. Encroachment maximum distances on the order of 25 feet (relative to the waterway edge) are fairly common, though additional restrictions for narrow waterways are also common practice. In general, a fifty-foot effective fairway width is a common design standard for residential canals. 4. Limitations to pile maximum height Limitations to maximum pile height is not a common practice but does meet the intent to minimize impacts to view. This approach also addresses a related issue relative to overall vessel size. Limitations to pile height restrict the ability to lift vessels beyond a certain size which addressed both issues of view and waterway navigability. In terms of maximum height, it should be defined relative to a fixed vertical datum. Pile heights generally on the order of 12 feet (NAVD 88) (which equates to something on the order of 8 feet above dock height) meet the lifting requirements for most vessels. 5. Limits to seawall cap and dock width Limitations to Sewall cap and dock total width meets the intent to limit impacts to adjacent properties, waterway navigability and view. A total width of 8 feet (inclusive of the seawall cap and dock) is consistent with general practice. Page 102 Page 3 of 3 2047 Vista Parkway, Suite 101 | West Palm Beach, FL 33411 | 561.659.0041 6. Special and unique circumstances - Sewall discontinuities and corner lots Regulation of boat lifts through minimum setbacks, size and height limitations are generally sufficient to meet the intent to minimize impacts to adjacent properties, allow for safe navigation and minimize impacts to view for waterways that are generally unform in dimension adjacent to the regulated property. The majority of conflicts are associated with areas where there is a discontinuity in the waterway such as an abrupt restriction in the waterway width, corner lots or lots that extend into a waterway. Application of uniform code provisions to address these areas are problematic as each circumstance is unique and requires consideration of the specific current and intended use and access to the waterway. These issues are further complicated by the range of boat types, sizes and performance characteristics which may be germane to both the use and potential for impact to adjacent properties. Such instances likely warrant further consideration by the Planning Board. Sincerely, Applied Technology & Management, Inc. Michael G. Jenkins, Ph.D., P.E. Coastal Engineering Principal Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Michael G Jenkins Digitally signed by Michael G Jenkins Date: 2022.02.24 09:00:36 -05'00' Page 103 PUBLIC COMMENT Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Nov 04, 2024 SSC_Notice of Public Meeting Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: November 04, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7713072 SUN-SENTINEL Page 181 SUN-SENTINEL Page 182 Order # - 7713072 SUN-SENTINEL Page 183 File Attachments for Item: D. Proposed amendment to the Town’s Zoning Code (Chapter 30) relating to home-based businesses Page 184 TOWN OF HIGHLAND BEACH AGENDA MEMORANDUM MEETING TYPE: Planning Board MEETING DATE November 14, 2024 SUBMITTED BY: Ingrid Allen, Town Planner, Building Department SUBJECT: Proposed amendment to the Town’s Zoning Code (Chapter 30) relating to home-based businesses SUMMARY: At the October 15, 2024 Town Commission meeting, the Commission considered an introduction to an amendment to the Town’s Zoning Code (Chapter 30) relating to home-based businesses (“Amendment”). Consensus from the Commission was to add to the Ordinance, a cross-reference to the Town Sign Code (Chapter 23). The Commission made a motion to send the Amendment to the Planning Board for a recommendation (motion carried 5-0). The proposed amendment to the Town’s Zoning Code (Chapter 30) will bring regulations governing home-based business into compliance with S. 559.955, F lorida Statute, which restricts the power of municipal governments to regulate home -based businesses. Note that this home-based business amendment to the Zoning Code is an initiative on the Town’s Strategic Priorities Plan. House Bill 403 which became effective July 1, 2021, prohibits local governments from licensing or otherwise regulating a home-based business. The proposed changes are detailed in the Ordinance (attached). Currently, Section 30-67(b) of the Town Code permits home occupations in all zoning districts with the exception of the Government Services District (GSD). Pursuant to Section 30-44 (Zoning Code text amendments) of the Town Code, the proposed amendment to the Zoning Code is consistent with the Town’s Comprehensive Plan and Zoning Code. In addition, Section 30-44(c) requires that the Planning Board provide a recommendation to the Town Commission on Zoning Code text amendments. Effective October 1, 2023, Section 166.041(4), Florida Statutes requires that before the enactment of a proposed ordinance, the governing body of a municipality shall prepare or cause to be prepared a Business Impact Estimate (BIE). According to Section 166.041(4)(c) F.S., such BIE is not required given the ordinance will bring Zoning Code regulations into compliance with State law. Page 185 FISCAL IMPACT: None. ATTACHMENTS: Ordinance. Section 559.955 Florida Statutes. RECOMMENDATION: At the discretion of the Planning Board. Page 186 1 TOWN OF HIGHLAND BEACH 1 ORDINANCE NO 2 3 4 AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, 5 FLORIDA, AMENDING SECTION 30-67, “USES PERMITTED, 6 SPECIAL EXCEPTION, AND PROHIBITED USES,” AND 7 SECTION 30-131, “DEFINITIONS OF TERMS,” OF CHAPTER 30, 8 “ZONING CODE,” OF THE TOWN CODE OF ORDINANCES TO 9 RENAME THE EXISTING HOME OCCUPATION USE TO 10 “HOME-BASED BUSINESSES” AND MODIFY THE 11 REGULATIONS TO ENSURE CONSISTENCY WITH STATE 12 LAW; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN 13 CONFLICT; PROVIDING FOR SEVERABILITY AND 14 CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, the Town of Highland Beach, Florida, is a duly constituted municipality 18 having such power and authority conferred upon it by the Florida Constitution and Chapter 166, 19 Florida Statutes; and 20 WHEREAS, through the enaction of Chapter 2021-202, Laws of Florida, the Florida 21 Legislature adopted Section 559.955, Florida Statutes, restricting the ability of local governments 22 to regulate home-based businesses; and 23 WHEREAS, Section 559.955, Florida Statutes, specifically prohibits local governments 24 from enacting or enforcing any ordinance, regulation, or policy in violation of the restrictions set 25 forth therein and allows any adversely affected current or prospective home-based business to file 26 suit against the Town for a violation of the state-mandated restrictions and awards attorney’s fees 27 and costs to the prevailing party in any such action; and 28 WHEREAS, the Town Commission wishes to revise its restrictions applicable to home 29 occupations (renamed home-based businesses) to comply with the provisions of Section 599.955, 30 Florida Statutes; and 31 WHEREAS, the Town Commission determines that the adoption of this Ordinance 32 benefits the health, safety, and welfare of the residents of the Town of Highland Beach. 33 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE 34 TOWN OF HIGHLAND BEACH, FLORIDA, AS FOLLOWS: 35 Section 1. The foregoing facts and recitations contained in the preamble to this 36 Ordinance are hereby adopted and incorporated by reference as if fully set forth herein. 37 Page 187 2 Section 2. The Town Commission hereby amends Article IV, “Zoning Districts,” and 1 Article VIII, “Definitions,” of Chapter 30, “Zoning Code,” of the Town Code of Ordinances as 2 follows (additional is underlined and deleted is stricken through): 3 4 Sec. 30-67. – Uses permitted, special exception, and prohibited uses. 5 *** 6 (b) Uses not listed. Unless otherwise provided by this chapter, uses not listed in Table 30-4 are 7 prohibited in the Town of Highland Beach. 8 Table 30-4 9 Permitted Uses 10 Legend 11 SP = Site Plan Approval Required X = Prohibited SE = Special Exception Town Commission Approval Required P = Permitted SEP = Special Exception Planning Board Approval Required USE CATEGORY RE RS RML RMM RMH RPUD GSD Additional Standards (See Notes) RESIDENTIAL Dwelling, Single-family, Detached SP SP SP SP SP SP X Dwelling, Single-family, Attached X X SP SP SP SP X Dwelling, Single-Family, Zero Lot Line X X SE SE SE SE X (1) Dwelling, Multiple-Family X X SP SP SP SP X Dwelling, Patio or Villa X X SP SP SP SP X Dwelling, Three-Family (Triplex) X X SP SP SP SP X Dwelling, Townhouse X X SP SP SP SP X Dwelling, Two-Family (Duplex) X X SP SP SP SP X Dwelling, Mobile Home X X X X X X X Accessory Dwellings P P P P P P P (2) Guardhouse, Residential P P P P P P X (3) Home-based Businesses Occupation P P P P P P X (4) Timeshare Residence X X X X X X X Accessory Uses P P P P P P P 12 *** 13 (4) Home-based businesses occupations. A business that operates from a residential 14 property is permitted. A business is considered a home-based business if it operates, in 15 whole or in part, from a residential property and meets the following standards: 16 Page 188 3 1 a. Employees of the business who work at the residential dwelling must also reside 2 in the residential dwelling, except that up to a total of two (2) employees or 3 independent contractors who do not reside at the residential dwelling may work at 4 the business. The business may have additional remote employees who do not 5 work at the residential dwelling. 6 7 b. Parking for the home-based business must comply with the provisions of article 8 IV, Chapter 30 of the Town code. Additionally, the need for parking generated by 9 the business may not be greater in volume than would normally be expected at a 10 similar residence where no business is conducted, and vehicles and trailers used in 11 connection with the business must be parked in legal parking spaces that are not 12 located within the right-of-way, on or over a sidewalk, or on any unimproved 13 surfaces at the residence. 14 15 c. Parking or storage of heavy equipment at the home-based business shall not be 16 visible from the street or neighboring property. For the purposes of this 17 subsection, “heavy equipment” means commercial, industrial, or agricultural 18 vehicles, equipment, or machinery. 19 20 d. External modifications made to a residential dwelling to accommodate a home-21 based business must conform to the residential character and architectural 22 aesthetics of the neighborhood. As viewed from the street, the use of the 23 residential dwelling shall be consistent with the uses of the residential areas that 24 surround the property. 25 26 e. The home-based business may not conduct retail transactions at a structure other 27 than the residential dwelling; however, incidental business uses and activities may 28 be conducted at the residential property. 29 30 f. The activities of the home-based business shall be secondary to the property’s use 31 as a residential dwelling. 32 33 g. To that extent not inconsistent with the requirements of this section, all business 34 uses and activities must comply with all Town code standards and requirements, 35 including the applicable noise regulations, and with the standards for permitted 36 uses and structures for the zoning district in which the home-based business exists. 37 All signs shall comply with the regulations applicable to residential properties set 38 forth in Chapter 23 of this Code. 39 40 h. All business activities shall comply with any relevant local, state, and federal 41 regulations with respect to the use, storage, or disposal of any corrosive, 42 combustible, or other hazardous or flammable materials or liquids. 43 44 i. Transient accommodations are not permitted as a home-based business except as 45 expressly provided elsewhere in the Town code. 46 Page 189 4 1 Home occupation means a commercial or business use performed in a residential dwelling by a 2 resident or family member. A home occupation use shall comply with the standards listed below: 3 4 a. Only resident family members or residents of the dwelling unit shall be engaged in the 5 occupation. 6 7 b. Provision of services to clients within a dwelling is prohibited. 8 9 c. The use of the premises for the home occupation shall be clearly incidental and 10 subordinate to its use for residential purposes by its occupants. The use shall not change 11 the residential character of the premises. 12 13 d. There shall be no change in the outside appearance of the building or premises, or other 14 visible evidence of the conduct of the home occupation. 15 16 e. Home occupations shall not be conducted in any accessory building or structure, or any 17 open porch, garage, or carport. 18 19 f. Home occupation shall not occupy more than fifteen (15) percent of the floor area of the 20 dwelling unit or accessory dwelling. Home occupations shall not be conducted within any 21 open porch, attached garage, or similar space not suited or intended for occupancy as 22 living quarters. 23 24 g. Traffic shall not be generated by the home occupation in greater volumes than would 25 normally be expected in a residential neighborhood. 26 27 h. Vehicle parking shall be located on the lot or premise of the home occupation. 28 29 i. Equipment or processes which create noise, vibration, glare, fumes, odors, or electrical 30 interference detectable to the normal senses at any lot line shall not be used in the home 31 occupation. In addition, equipment or processes shall not be used which create any 32 interference for neighboring properties in receiving radio, television, or other wireless 33 devices, or which cause fluctuations in electrical service to such properties. 34 35 j. Private instructions or other lessons shall be limited to not more than one person and shall 36 be limited to academic, artistic, and musical subjects. 37 38 k. Manufacture or fabrication of articles such as are commonly classified under the terms of 39 arts and handicrafts may be deemed a home occupation, subject to the other terms and 40 conditions of this definition. 41 42 l. On-premises sales of stock, supplies, or products is prohibited. 43 44 m. On-premises use or storage of hazardous materials is prohibited. 45 46 Page 190 5 n. On-premises signs or other advertising of home occupations is prohibited. 1 2 o. Employees, other than family members or residents of the dwelling, are prohibited. 3 4 p. Owners or operators of home occupations may obtain an occupational license from Palm 5 Beach County. 6 7 Sec. 30-131. – Definition of terms. 8 For the purposes of this chapter, the definitions provided below shall apply. In the event of a 9 conflict between the definitions provided in this section, and a definition provided in another 10 section, then the definition provided in the other section shall prevail. In case of a conflict with 11 the building, life/safety, or similar code, the more stringent definition will apply. 12 *** 13 Home-based business occupation means a professional, occupational, trade, or business use , as 14 those terms are defined in Section 15-1, that operates, in whole or in part, from performed in a 15 residential dwelling, subject to the requirements of Section 30 -67 by a resident or family 16 member. 17 Section 3. Severability. The provisions of this Ordinance are declared to be severable and 18 if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be 19 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, 20 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the 21 legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 22 Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict 23 herewith are hereby repealed to the extent of such conflict. 24 Section 5. Codification. Section 2 of the Ordinance may be made a part of the Town 25 Code of Ordinances and may be re-numbered or re-lettered to accomplish such, and the word 26 “ordinance” may be changed to “section,” “division,” or any other appropriate word. 27 Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption 28 at second reading. 29 The foregoing Ordinance was moved by __________________________________, seconded by 30 ________________________________ and upon being put to the vote, the vote was as follows: 31 32 33 YES NO 34 Mayor Natasha Moore ____ ____ 35 Vice Mayor David Stern ____ ____ 36 Page 191 6 Commissioner Evalyn David ____ ____ 1 Commissioner Judith Goldberg ____ ____ 2 Commissioner Don Peters ____ ____ 3 4 PASSED on first reading at the Regular Commission meeting held on this _____ day of 5 _________________, 2024. 6 7 The foregoing Ordinance was moved by _________________________________, seconded by 8 ________________________________ and upon being put to the vote, the vote was as follows: 9 10 YES NO 11 Mayor Natasha Moore ____ ____ 12 Vice Mayor David Stern ____ ____ 13 Commissioner Evalyn David ____ ____ 14 Commissioner Judith Goldberg ____ ____ 15 Commissioner Don Peters ____ ____ 16 17 PASSED AND ADOPTED on second and final reading at the Regular Commission meeting held 18 on this _____ day of _________________, 2024. 19 20 ATTEST: 21 22 By: 23 Lanelda Gaskins, MMC 24 Town Clerk 25 26 APPROVED AS TO FORM AND LEGALITY: 27 28 By: _________________________________ 29 Leonard G. Rubin, Town Attorney 30 Page 192 Select Year: 2023 Go The 2023 Florida Statutes (including Special Session C) Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 559 REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY View Entire Chapter 559.955 Home-based businesses; local government restrictions.— (1) Local governments may not enact or enforce any ordinance, regulation, or policy or take any action to license or otherwise regulate a home-based business in violation of this section. (2) A home-based business that operates from a residential property as provided in subsection (3): (a) May operate in an area zoned for residential use. (b) May not be prohibited, restricted, regulated, or licensed in a manner that is different from other businesses in a local government’s jurisdiction, except as otherwise provided in this section. (c) Is only subject to applicable business taxes under chapter 205 in the county and municipality in which the home-based business is located. (3) For purposes of this section, a business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the following criteria: (a) The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (b) Parking related to the business activities of the home-based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term “heavy equipment” means commercial, industrial, or agricultural vehicles, equipment, or machinery. (c) As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (d) The activities of the home-based business are secondary to the property’s use as a residential dwelling. Page 193 (e) The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted. (f) All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted. (4) Any adversely affected current or prospective home-based business owner may challenge any local government action in violation of this section. The prevailing party in a challenge may recover reasonable attorney fees and costs incurred in challenging or defending the action, including reasonable appellate attorney fees and costs. (5) The application of this section does not supersede: (a) Any current or future declaration or declaration of condominium adopted pursuant to chapter 718, cooperative document adopted pursuant to chapter 719, or declaration or declaration of covenant adopted pursuant to chapter 720. (b) Local laws, ordinances, or regulations related to transient public lodging establishments, as defined in s. 509.013(4)(a)1., that are not otherwise preempted under chapter 509. History.—s. 1, ch. 2021-202. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Page 194 Sold To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Bill To: Town of Highland Beach - CU00398185 3614 So. Ocean Blvd. Highland Beach,FL 33487 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, and by publication on the newspaper¶s website, if authorized on Nov 04, 2024 SSC_Notice of Public Meeting Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: November 04, 2024. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: jdehart@highlandbeach.us 7715231 SUN-SENTINEL Page 195 Order # - 7715231 SUN-SENTINEL Page 196 SUN-SENTINEL Page 197