HomeMy Public PortalAboutORD 81/04II
ORDINANCE NO. 81 -4
AN ORDINANCE OF THE TOWN OF GULF
STREAM, FLORIDA, AMENDING ORDINANCE
NO. 108, AS AMENDED, THE OFFICIAL
ZONING ORDINANCE OF THE TOWN; AMENDING
THE DEFINITIONS SECTION BY DELETING
THE DEFINITIONS AND REFERENCES TO
FILLING STATIONS AND PUBLIC GARAGES
AND SERVICE STATIONS; AMENDING THE
DEFINITION OF CLUBS, AND BY INCLUDING
DEFINITIONS FOR CARPORTS, RESIDENCE
AND TIME - SHARING USES; PROVIDING FOR
AN AMENDMENT TO THE OFFICIAL ZONING
MAP OF THE TOWN TO REFLECT THE APPRO-
PRIATE ZONING DISTRICTS IN THE TOWN;
AMENDING RESIDENCE DISTRICT "A" TO
RESIDENTIAL SINGLE- FAMILY DISTRICT
"RS" AND AMENDING CERTAIN OTHER
PROVISIONS THEREUNDER INCLUDING
SETBACK AND LOT SIZE REQUIREMMENTS;
BY AMENDING THE TITLE TO LIMITED
APARTMENT DISTRICT "C" TO 11RPM -1"
LIMITED MULTI- FAMILY RESIDENTIAL
DISTRICT; AMENDING APARTMENT AND
RESIDENCE DISTRICT "C" TO "RAM"
MULTIPLE FAMILY RESIDENTIAL DISTRICT
AND AMENDING CERTAIN REQUIREMENTS
THEREUNDER INCLUDING LOT SIZE, SETBACKS
AND HEIGHT; REPEALING AND DELETING ANY
REFERENCE TO BUSINESS DISTRICT;
AMENDING OUTDOOR RECREATIONAL DISTRICT
TO "OR" OUTDOOR RECREATIONAL DISTRICT;
INCREASING THE MINIMUM BUILDING SITE
AREA IPd ALL ZONING CATEGORIES TO TWENTY THOUSAND
(20,000 sq. ft.) SQUARE FEET; INCLUDING
AS A PERMITTED USE IN THE "RM" DISTRICT
ALL LAND AND BUILDINGS USED BY THE TOWN
OF GULF STREAM AND ITS GOVERNMENT AND
SERVICES INCIDENTAL THERETO; AMENDING
THE REQUIREMENTS RELATING TO BUILDING
PERMITS IN THE TOWN; AMENDING REQUIRE -
MENTS RELATING TO SIGNS IN THE TOWN;
PROVIDING FOR THE PROHIBITION OF CARPORTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, FLORIDA, as follows:
Ordinance No. 108, as amended, known as the Zoning
Ordinance of the Town of Gulf Stream is hereby amended as follows.
Section 1. The Definitions section of the Ordinance is
hereby amended as follows:
A. To delete the definitions and references to filling
station, public garage and service station.
B. To amend the definition of "CLUBS" to read as follows:
"Clubs - Organizations, which are privately owned
and operated by their members and not operated for
profit, which maintain recreational and athletic
facilities for the exclusive use of its members
and their guests and uses accessory or incidental
thereto.
C. To include the following definitions.
1. Residential Use: Use of land or structure(s)
thereon, or portion thereof, for residential
occupancy of a permanent or semi - permanent nature;
but not including occupancy of a transient nature
such as in hotels or time - sharing uses.
2. Time - sharing: The use of any unit under which
the exclusive right of use, occupancy or possession
of the unit circulates among various occupants in
accordance with a fixed time schedule on a periodi-
cally occurring basis for a period of time estab-
lished by such schedule. Time - sharing uses are
prohibited in all zoning districts within the Town.
3. Carports: A free standing covered area or a
roofed area open on one, two or three sides and
attached to a building, either of which is designed
for the storage of one or more vehicles or boats.
Section 2. Section 1-- "Districts and Boundaries Thereof"
is hereby amended at Paragraph "A" to read as follows:
"(A) In order to regulate and limit the height and size
of buildings; to regulate and limit the intensity of the
use of lot areas; to regulate and determine the areas of
open spaces within and surrounding buildings; and to
classify, regulate and restrict the location of buildings
designed for specified residential uses, the Town of Gulf
Stream, Florida, is hereby divided into districts of which
there shall be four (4) known as:
a. "RS " -- Residential Single- Family District.
b. "RM " -- Residential Multiple- Family District.
C. "RM -1 " -- Limited Residential Multiple- Family
District.
d. "OR " -- Outdoor Recreational District.
The boundaries of the districts are shown upon the map accompanying
this Ordinance and made a part thereof, and entitled "Zoning Map of
the Town of Gulf Stream, Florida," which map shall be amended to
conform to the districts referenced herein. The Zoning Map shall be
a part of this Ordinance as if such information set forth on the
map were fully described and set forth herein. The Zoning Map,
properly attested by the members of the Town Commission signing this
Ordinance, the signatures of the Mayor and the Town Clerk, and
containing the corporate seal of the municipality, shall remain at
all times on file in the office of the Town Clerk.
Irm
Section 3. Section III -- Residence District "A" is hereby
lamended as follows:
A. The title of Residence District "A" shall be amended
to read as follows:
"Section III - - "RS" Residential Single- Family
District."
B. Section III(A)(4) is hereby deleted as a permitted
use.
C. Section III(C)(1) is hereby amended to read as
follows:
"(C) Minimum Size of Building Required.
(1) No main residence building shall be
constructed or allowed with less than
three thousand (3,000 sq. ft.) square
feet aggregate floor area. The minimum
aggregate floor area is the total floor
area of a building, exclusive of terrace,
basements and unroofed areas, including
twenty -five (25 %) percent of attached garages
and screened porches. Screened top patios
are considered unroofed areas.
An accessory structure including, but
not limited to, cabanas, swimming pools,
unattached garages, gazebos, shall be
located on the same lot or parcel of
land as that of the main residence
building and shall be in conformity
with the setback requirement set forth
herein.
In the event of contiguous lots or
parcels, a unity of title shall be
recorded prior to issuance of a building
permit for either a main residence
building or an accessory structure which
would cross lot lines.
D. Section III(D)(1) is hereby amended to read as
follows:
"(D) Building Site Area Required.
(1) The minimum building site area shall be
one lot or parcel of land twenty thousand
(20,000 sq. ft.) square feet in area for
each single- family dwelling unit."
E. Section III(E)(1) is hereby amended to read as
follows:
"(E) Front Yard Required.
(1) There shall be a front yard not less than
twenty -five (25 ft.) feet in depth or 25% of
the lot depth, whichever is greater, and with
a width of not less than one hundred (100 ft.)
feet fronting on a street, road, avenue or the
Atlantic Ocean. Tracts of land fronting on
Ocean Boulevard and extending eastward to the
Atlantic Ocean need only front one hundred (100 ft.)
feet on the Atlantic Ocean, or one hundred feet on
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Ocean Boulevard. Tracts of land fronting
either on Ocean Boulevard or the Atlantic
Ocean shall be required to have a landward
setback twenty -five (25 ft.) feet from the
construction setback line established by
the Department of Natural Resources of the
State of Florida. Notwithstanding these
provisions, the setback distance along the
AlA right -of -way shall be at least seventy -
eight (78 ft.) feet from the center line of
said right -of -way.
F. Section III(F)(1) is hereby amended to read as
follows:
"(F) Side Yard Required.
(1) There shall be side yards of not less
than fifteen (15 ft.) feet or fifteen (150)
percent of the average footage of the lot
width whichever is greater on each side of a
building, including porches, projections,
cornices and eaves."
G. Section III(G)(1) is hereby amended to read as
follows:
"(G) Rear Yard Required.
(1) There shall be a rear yard having a depth
of not less than fifteen (15 ft.) feet or fifteen
(150) percent of the average footage of the lot
depth whichever is greater."
H. Section III(I)(1) is hereby amended to read as
follows:
"Any private school now being conducted on lands
within the Town of Gulf Stream, Florida, classified
as "RS " -- Residential Single- Family District, may
continue to be used as such under the provisions
of Section VII hereof, provided, however, that any
private school building, or other structure used in
connection with and as a part of and appurtenant in
the operation and maintenance of such private school
may be replaced, repaired and maintained from time
to time as shall be necessary for the effective
operation and maintenance of such private school."
I. Section III(I)(3) is hereby amended to read as
follows:
"No person shall use any portion of a building in
"RS " -- Residential Single- Family District for the
purpose of carrying on or practicing any profes-
sion, occupation or calling. Any such use is
hereby declared to be a violation of the provisions
of this Ordinance."
J. Section III(I)(4) relating to golf courses and polo
fields is hereby repealed and eliminated in its entirety.
Section 4. Section IIIA - Limited Apartment District "C"
shall be amended to read as follows:
A. The title of Limited Apartment District "C" shall
be amended to read as follows:
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"Section IIIA - "RM -1 Limited Multiple- Family
RC':,ldentic.fl. District."
B. Section :11IA(A) is hereby aitiended to read as follows:
"Uses permitted: In this district, any
building or land may be used for any
use permitted in "RS" - Residential
Single - Family District and "RM" -
Multiple- Family Residential District.
C. Section IIIA(D) is hereby amended to read as folloxos:
�i "Other Requirements. Except as modified
j above, all requirements and provisions
�+ pertaining to the "RS" Residential Single -
Family District and the "RP4" Multiple -
{� Family Residential District shall apply.
!' Section 5. Section IV -- Apartment and Residence District
� "C" is hereby amended as follows
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Ij A. The title to said Section IV is hereby amended to
read as follows:
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"Section IV - -" RM" MUlt.il)le- Frlm.i_ly Residential
District."
B. Section IV(A) is hereby amended to read as follows:
�j "(1) Any use permitted in the "RS" Residential
Single- Family District."
!' "(5) All land and buildings used by the Town of
Gulf Stream and its government and services
j incidental thereto."
t' C. Section IV(A)(3) is hereby amended to read as follows:
"(3) Clubs."
I.
D. Section IV(B)(2) is amended to read as follows:
"Multiple family structures shall not exceed
four stories to a maximum height of fifty (50
ft.) feet."
E. Section IV(C)(1) is hereby amended to read as follows:
"(C) Front Yard Required.
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(1) There shall be a front yard of not less
than fifty (50 ft.) feet in depth. On corner
lots, both sides of the lots facing the street
i shall be deemed front yards. Notwithsta.ncling
these provisions, the setback distance along
the AlA right -of -way shall be at least seventy -
! eight (78 ft.) feet from the center line of
said right -of -way.
F. Section IV(D)(1) shall be amended to read as follows:
"(D) Side Yard Required:
(1) There shall be side yards not less than
twenty -five (25 ft.) feet from the adjoining
lot line.
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G. Section IV(E)(1) is hereby amended to read as follows:
(E) Roar Yard Requi. red:
(1) The,1-0 ,flial.1 he �,i 1-0,11- yt>>7c3 017 �t least
twerrty-L ive (25 ft.) fee L.
H. Section IV(F)(1) is hereby amended to read as follows:
"(F) Building Site Area:
(1) The minimum building site area shall
be one lot or parcel of land twenty thousand
(20,000 sq. ft.) square feet in area for one
dwelling unit and for each one family resi-
dential dwelling. For each additional
dwelling unit in an apartment building with
more than one (1) unit, five thousand
(5,000 sq. ft.) square feet shall be added
to the minimum lot size of twenty thousand
(20,000 sq. ft.) square feet.
I. Section IV(F)(2) is hereby amended to read as follows:
(2) The minimum lot dimensions comprising
i the building site area shall be as follows:
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(a) Front, 100 feet;
(b) Width, 60 feet;
(c) Depth, 100 feet;
(d) Area (square feet) 20,000 square feet.
J. Section IV(F)(3) is hereby amended to read as follows:
(3) Exceptions:
(a) On Curving streets
required frontages
by forty (40 %) per
center line radius
street is one hund
less.
and cul -de -sacs, the
of lots may be reduced
cent provided that the
of the adjacent public
red (100 ft.) feet or
!! (b) On lots or parcels of record, the frontages
!' of which do not meet the required minimum
of one hundred (100 ft.) feet and are not
less than seventy -five (75 ft.) feet but
contain the minimum lot area, two dwelling
units shall be permitted and side yards
shall be as provided for in the "RS"
Residential Single - Family District."
K. Section IV(F)(6) shall be amended to read as follows:
"(6) Special exceptions: Single family
residences will be permitted to obaserve
the setbacks set forth for the "RS"
Residential Single - Family District."
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L. Section IV(G) shall read as follows:
"No person shall use any portion of a building
in this district for the purpose of carrying
I on or practicing any profession, occupation
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or calling. Any such use is hereby declared
to be a violation of the provisions of this
Ordinance."
M. Section IV (Ii) (1) is amended to read as follows:
" (Il) I',irl: i TI(I inn:;:
(1) Where a l()t i:; occupied by a multiple,
family residential dwelling, there shall
be provided accessible parking space on
the lot or land parcel, either garage or
or surfaced area, adequate to accommodate
three (3) cars for each one (1) dwelling
unit."
Section 6. Section V -- Business district is hereby
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repealed and eliminated in its entirety. Only residential dwellings
'of a single or multi - family nature are allowed in the Town of Gulf
;Stream, Florida.
Section 7. Section VA -- Outdoor Recreational District is
i!hereby amended as follows:
A. The title to said Section VA is hereby amended to
read as follows:
"Section V. "OR " -- Outdoor Recreational District."
B. Section V(B)(2) is hereby amended to read as follows:
�! "(2) Club facilities for recreational and social
�) purposes."
jC. Section V(D)(1) is hereby amended to read as follows:
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"(D) Front Yard Required:
i! (1) There shall be a front yard of not less than
jj fifty (50 ft.) feet in depth measured from any
I adjoining street. Notwithstanding these provi-
sions, the setback distance along the AlA right-
;' of -way shall be at least seventy -eight (78 ft.)
feet from the center line of said right -of -way.
D. Section V(E)(1) is hereby amended to read as follows:
"(E) Side Yard Required:
(1) There shall be side yards of not less than
twenty -five (25 ft.) feet measured from adjoining
lot line.
E. Section V(F)(1) is hereby amended to read as follows:
"(F) Rear Yard Required:
(1) There shall be a rear yard having a depth
of not less than twenty -five (25 ft.) feet.
Section 8. Section VI. General Provisions is hereby
!amended as follows:
A. Section VI(A), (B), (C) and (D) are hereby repealed
and eliminated in their entirety from the Zoning Ordi-
nance.
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B. Section VI(E) is hereby amended as follows:
"(A) No structure shall be constructed in the
Town of Gulf Stream prior to the issuance of
a permit by a building inspector acting on
behalf of or as an agent of the Town.
C. Section VIM is hereby amended to read as follows:
"(B)(1) The use of any residential dwelling,
within any zoning district of the Town, by
a larger number of persons tlian such property
or residence is zoned for or designated to
accommodate, is hereby declared to be a viola-
tion of this Ordinance.
(2) It shall be unlawful for the owner,
lessee or other person in the possession or
control of any property within any zoning
district of the Town to permit said property
to be used for the purpose of holding
conventions or entertaining a larger number
of persons than such property or residence
is zoned for or usually accommodates.
D. Section VI(G) is hereby amended to read as follows:
"(C) The erection, display and maintenance of
a sign on any property or building within the
Town of Gulf Stream is prohibited except the
following, which are permitted:
(a) Signs required by the Town of Gulf
Stream or other governmental agencies
where required by law and those which
are necessary and incidental to the
performance of governmental activities
and responsibilities.
(b) Signs required by a club, as defined
in this Ordinance, designating and naming
the Club as well as those signs providing
notice to the public designed to prevent
trespassing and /or the use of the Club's
property by persons other than those
authorized by said club.
(c) Signs required by owners of private
property including their agents and
contractors shall be limited to:
1. The business of real estate brokers.
2. The identification of the contractor
and their building or renovation
activities only in relation to such
activities as is being conducted on
the particular property on which the
sign is to be erected, displayed and
maintained.
(d) Owners of private property may erect,
display and maintain a sign identifying
his name or ownership, entrance and exit
roads and street number identifying said
property.
No sign offering any property for sale
or rent permitted herein shall exceed two
(2 sq. ft.) square feet in total dimension
1/�.
and any such sign shall be removed within
forty -eight (48) hours of the sale or rental
of the property. Any other sign permitted
herein shall not exceed a dimension of six
(6 aq. ft.) square feet. Any sign erected,
di:31) 1ay( -d or maintai tied in violation of
I Ili!; icon 1 i t:ut:c ,;c viol,- -Il ort
of Lhi: o1'di- r1aIlce.
E. No carports shall be erected or permitted within
any zoning district in the Town.
Section 9. Section VII - -Non- Conforming Uses, is hereby
:amended to provide that references to residence district "A" and
;;apartment and residence district "C" be amended to reference "RS"
Residential Single - Family District and "RM" Residential Multiple -
kFamily District, and RM -1 Limited Multi- Family Residential District.
i� Section 10. Section X -- Plats, is hereby amended as
follows:
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A. All references in Section X to Residence District "A"
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and Apartment and Residence District "C" shall be amended
to reference "RS" Residential Single- Family District and
M, :;idcut i;l1 milli iple- F.1111i iy District.,
l3. Secti -on X(A) is hereby amended at the second para-
graph to read as follows:
�i "(A) All plans, re- plans, plats or re -plats of lands
hereafter laid out within any area of the Town
located in "RS" Residential Single- Family District,
or in "RM" Residential Multiple- Family District
shall provide for lots or tracts of land having a
I' frontage of at least one hundred (100 ft.) feet on
a dedicated street, road or avenue, and a land
area of at least twenty thousand (20,000 sq. ft.)
I square feet for each lot or tract shown on said
�. plat."
C. Section X(B) is hereby amended to read as follows:
"Each application for a building permit shall
be accompanied by a plat, in duplicate, drawn
to scale, showing the actual dimensions of the
lot to built upon, the size, shape and location
of the building to be erected, and such other
information as may be necessary to provide for
the enforcement of this Ordinance. All building
permits for new construction, and for repairs,
and re- modeling of existing buildings, which
will require the expenditure of FIVE THOUSAND
($5,000.00) DOLLARS or more, the plans and
specifications for such new building and such
repairs and re- modeling shall bear the signature
of an architect registered in the State of
Florida, and in good standing with his State Baord,
and all other requirements of the Town's Code
of Ordinances, relating to the issuance of building
permits, shall be complied with. A record of such
application and plat shall be kept in the office of
the Building Inspector. Where application is made
to enlarge an existing non - conforming use, the
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application shall be accompanied by an affidavit
giving the description of the premises owned at the
date of the passage of this Ordinance.
Section 1.1. Section XI-- Tnt.e.rpretation, Purpose and
Conflict, is hereby amended at all subparacaraphs thereof as follows:
A. To change references made to Residence District "A"
and Apartment and Residence District "C" to "RS" Residen-
tial Single- Family District and "RM" Residential Multiple -
Family District, and R-M -1 Limited Residential :7ulti- Family
District.
B. Section XI(C) is hereby repealed and deleted in its
entirety from the Zoning Ordinance.
Section 1.2. If any section, paragraph, clause, phrase
or term of this Ordinance be declared invalid, the same shall not
!1operate to invalidate any other provisions.
Section 13. This Ordinance shall be codified and made a
part of the official Code of Ordinances of the Town of Gulf Stream,
Florida.
Section 14. That this Ordinance shall be in full force
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and effect from and after its passage and approval according to
law.
PASSED AND ADOPTED ON 2nd READING THIS 8th DAY OF
January 1982.
MAYOR
TTEST
Town Cler
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