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Home My Public Portal AboutORD 12/03ORDINANCE NO. 12/3 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S CODE OF ORDINANCES, AT SECTION 71 -1, TO INCLUDE NEWLY- ANNEXED PROPERTIES UNDER THE RM -EAST AND RM -WEST ZONING DESIGNATIONS; AMENDING, AT SECTION 66 -131, THE NON - CONFORMING USE REGULATIONS TO ADDRESS STRUCTURES WITH A NON- CONFORMING DENSITY; ADDING SECTION 71 -8, ADDITIONS AND REHABILITATIONS, TO INCLUDE REFERENCE TO STANDARDS FOR ADDITIONS AND REHABILITATION OF MULTI - FAMILY BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 71, Section 71 -1, Purpose, to read as follows (new sections are underlined): Sec. 71 -1. Purpose. While it is the purpose and intent of the Multi- Family Districts to provide lands within the Town for multi- family residential uses, it is equally important to perpetuate the distinct single family scale and character that the Town embraces. In no event shall density exceed 5.7 dwelling units per net acre or net land area. These districts are further intended for development of concentrated residential populations and should be applied only within the high density designated areas as provided by the comprehensive development plan. In order to achieve these purposes and intents, the following two multiple - family residential zoning districts have been created. RM -West District for all multi - family parcels and uses west of Ocean Blvd. La Casitas Hillside House Golfview Club Bermuda House Bermuda Club of Gulf Stream Tennis Villas St. Andrew Club Tennis Court 4450 N. Ocean Boulevard Vista Villas Gulfstream Villas Gulfstream Villas South Sea Ridge Sea Horse (western portion) Polo Ridge L'Hermitage RM -East District for all multi - family parcels east of Ocean Blvd. r Jamaica Square El Cortijo Casa Serena Somerset of Gulf Stream Villa D'Este Westminster Gulf Stream Shores B allantrae Sea Horse (eastern portion) Bellamar Gulfstream Manor Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article IV, Administration, Division 4, Nonconforming Uses, Section 66 -131, Required Conditions for Continuance, to read as follows (new sections are underlined): Section 66 -131. Required conditions for continuance. The lawful use of any building, structure or land existing as of April 8, 1983, may be continued although such use does not conform to the provisions of this chapter, provided however, the following conditions are met: (Subsections (1) through (6) will remain in full force and effect as previously adopted.) (7) Destruction by fire or other act. Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 50 percent of its assessed value by flood, fire, explosion or other casualty, act of God, or the public enemy; nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. The restoration of a building destroyed more than 50 percent of its assessed value by flood, fire, explosion or other casualty, act of God, or the public enemy must meet the requirements of all applicable provisions of this chapter, including, but not limited to, the 100 -year flood standards described in chapter 48 concerning special flood hazard areas. Restoration under this section must be started within 90 days from the date of approval of the building permit. If any building, with a non - conforming residential density, located in a residential district is damaged by flood fire, explosion or other casualty, act of God, or the public enemy, the buildings may be r_paired or reconstructed and the residential density shall not be increased. The repaired or reconstructed residential building shall be of a no greater height no reduction in nonconforming setbacks and no greater square footage or total living area in existence in the building prior to the damage, regardless of the extent of the damage. Reconstructed units shall be subject to the applicable fire and building codes at the time of the issuance of the building_ permits for the reconstruction. Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended to add Chapter 71, Gulf Stream Design Manual for RM West and RM East Multiple- Family Residential Districts, Section 71 -8, Additions and Rehabilitations, to read as follows: Section 71 -8. Additions and Rehabilitations (1) Additions and rehabilitations should be designed to match the design of the remainder of the existing structure so that when finished, the addition or rehabilitated portion appears to be an original part of the structure. (2) Additions and rehabilitations that are consistent with the Town's preferred architectural styles for multi - family buildings as found in Section 71 -7 shall conform to the standards found in Section 70 -107. (3) Additions and rehabilitations that are consistent with the Town's discouraged and prohibited architectural styles for multi - family buildings, as found in Section 71- 7, shall require Special Exception approval from the board of adjustment and shall conform to the standards found in Section 70 -126. Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this th day of .7un e , 2012, and for a second and final reading on this 13th day of July 2012. Mayor) Vice Mayor lwr� 'L� Commissioner 4 Co iss � ner Commissioner ATTES Clerk