HomeMy Public PortalAboutORD 12/04ORDINANCE NO. 12/4
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN'S CODE OF ORDINANCES, TO
CREATE SECTION 62 -10, TO PROVIDE FOR REVIEW
CRITERIA FOR THE CREATION OF SUBDIVISIONS IN THE
TOWN, AT SECTION 66 -1, DEFINITIONS, TO MODIFY THE
DEFINITION OF BASEMENT, AT SECTION 70 -27, DISTRICT
DESCRIPTIONS, TO INCLUDE ADDITIONAL CRITERIA FOR
DISTRICT ELEMENTS, AT SECTION 70 -70, FLOOR AREA
CALCULATION, TO REVISE CALCULATIONS FOR
BASEMENTS, AT SECTION 70 -100, ROOF AND EAVE
HEIGHT, TO CLARIFY ENTRY FEATURE EAVE HEIGHTS, AT
SECTION 70 -238, ROOFS, TO CLARIFY PERMITTED ROOF
TILE STYLES, AT SECTION 70 -51, MINOR ACCESSORY
STRUCTURES, TO ALLOW WATERWALLS, AT SECTION 66-
367, SWIMMING POOLS, TO RESTRICT WATERFALL
HEIGHTS, AT SECTION 66 -369, DOCKS, TO CLARIFY
PERMITTED BUILDING MATERIALS, AT SECTION 70 -71,
FLOOR AREA RATIOS, TO ADD INCENTIVES FOR SECOND -
STORY SETBACKS, AT SECTION 70 -73, SECOND FLOOR
AREA, TO MODIFY REQUIREMENTS FOR SECOND STORIES
FOR SINGLE FAMILY HOMES, AT SECTION 70 -187, TABLE
OF DISTRICT STANDARDS, ROOFS, TO CLARIFY REVIEW
PROCEDURES FOR REQUESTED METAL ROOFS; 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 62, Subdivisions, to add a new Section 66 -10, Criteria for
Subdivision Review, to read as follows:
Section 62 -10. Criteria for Subdivision Review
Any person seeking to subdivide property within the limits of the Town shall comply
with the following criteria. The Architectural Review and Planning Board and Town
Commission shall assure compliance with these criteria in determining whether the
proposed subdivision is permissible.
A. Lots to be created by the proposed subdivision shall be consistent with the
character of lots and parcels immediate and adjacent to the proposed
ci ihilk /kinn
B. Proposed subdivisions shall protect the character of the Town by incorporating
features that are compatible with and complementary to the preferred
elements and overall character of the neighborhood district in which thev are
located including, but not limited to parcel size parcel shape access
topography, berms and buffers and landscaping and encourage the orderly and
aesthetic development of the Town.
C. Proposed subdivisions shall not create any non - conforming structures or lots
without specific approval from the Town Commission.
D. Proposed subdivisions shall protect and conserve the value of land buildings
and improvements, and minimize conflicts among uses of land and buildings.
E. Applicants for proposed subdivisions shall ensure the adequate and efficient
provision of public facilities such as transportation potable water supply,
wastewater collection and treatment, drainage surface water management
solid waste, parks and recreation, are available concurrent with impacts of
development.
F. Proposed subdivisions shall avoid traffic congestion on streets and eliminate
conflicts between pedestrian and vehicular movements.
G. Streets and vehicular use easements shall provide safe and efficient access for
municipal services, such as fire, police and solid waste removal. As such dead -
end streets and easement ending in a "T" or "Y" turnaround shall not be
permitted.
H. Proposed subdivisions shall establish reasonable standards of design and
procedures for subdivisions and resubdivisions in order to further the orderly
layout and use of land, and to ensure proper legal descriptions of subdivided
land.
Proposed subdivisions shall ensure that new development will be required to
bear its fair share of the cost of providing the public facilities and services
needed at the time of development.
Proposed subdivisions shall prevent the pollution of air and water resources;
ensure the adequacy of surface water management facilities; safeguard the
groundwater resources; and encourage the conservation protection and
management of natural resources.
K. Clear- cutting of parcels shall not be permitted. A landscaping plan shall be
provided so as to assure the preservation of landscaping and screening to the
fullest extent possible and to provide a mitigation plan for any landscaping which
is removed.
Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article I, Section 66 -1, Definitions, to read as follows:
Section 66 -1. Definitions.
Basement shall mean that portion of the building which is below the finished floor
elevation of the building and is located within the footprint of the first floor. A
basement is not considered a story with regards to the height measurement of a
building, unless the ceiling of the basement is greater than three (3) feet above grade.
The sq aFe feetage area of a basement completely under the first floor footprint and
having no outside entrance shall be included as 109°6 75% of the building's Floor Area
Ratio calculations. The area of a basement with an outside entrance shall be included as
100% of the building's Floor Area Ratio calculations. Basements shall conform to all
setback regulations for structures. There shall be no entrances to such basement on the
street side and the exterior appearance of such basement shall conform to the general
architecture of the building.
`- easement
Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article II, Single - Family Districts,
Section 70 -27, District Descriptions, to read as follows:
Sec. 70 -27. District descriptions.
(c) The character of each district, and the town as a whole, is further defined by
the design elements and features listed as "preferred" in other articles of the chapter.
From the surveys, these elements and features were found to represent the existing and
desired qualities that the town wishes to have reflected in new homes and renovations
of existing homes. While the use of specific preferred design elements is not mandated
for new homes or rehabilitation projects, proposed projects must incorporate design
features that are compatible with, and complimentary to, the preferred elements and
overall character of the district, including parcel size, parcel shape architecture and
landscaping. Users of this chapter are therefore advised to closely study the character
descriptions in this article as well as all of the preferred elements found in other articles
prior to initiating project designs. Section 70 -298 and 70 -299 also should be consulted
for a further description of existing development in the town and each district.
Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development
Regulations, Section 70 -70, Floor Area Calculation, to read as follows:
Section 70 -70. Floor Area Calculation
(6) Areas in basements shall fGt be included as 75% when it is located
completely under the first floor footprint and has no outside entrance. Areas in
basements with an outside entrance shall be included as 100 %.
Section 5. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article V, Areawide Standards,
Section 70 -100, Roof and Eave Height, to read as follows:
Section 70 -100. Roof and eave height
(a)
(4) Entry features are the front portion of the structure which provide door entrance
to the dwelling. The height of the entry feature is measured from the finish floor
elevation to the upper portion of any balcony railings Dutch gable or other such
elements. Entry features, if used, should provide a sense of arrival, yet should not
overpower them or the remainder of the structure. The scale and proportion of entry
features should be consistent with the rest of the structure, varying just enough to
provide a focal point to the front of the house.
(b) One story homes.
(1) Preferred.
Eave heights: From eight feet to ten feet six inches lfrem eight feet to 12 fer-
eRtFy
(2) Discouraged
Eave heights: Between ten feet six inches and 12 feet (bet eeR 12 and 14 feet
(3) Prohibited
Eave heights: Less than eight feet or greater than 12 feet (gFeat„r +hag 14 f.,.,+
fer entry feat s)
(c) Two -story homes.
(1) Preferred.
Eave heights::
Beachfront and Ocean West Districts — From eight feet to 12 feet for one-
story portions (4em ^h+ f,,.,+ +^ 14 feet f eRtFy f + )
All other districts — From eight feet to ten feet six inches for one -story
portions (499; eight f^^+ +e 14 f^^+ fe ent feu +M )
(2) Discouraged.
Eave heights:
Beachfront and Ocean West Districts — Between 12 and 14 feet for one-
story portions (betweeR 14 ,^d- 1_6 feet f f +
r �
All other districts — Between ten feet six inches and 12 feet six inches for
one -story portions (between IA , ^d feet f entFy f
Section 6. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article VII, Predominant Revival
Style, Division 3, Gulf Stream - Bermuda Style, Section 70 -238, Roofs, to read as follows:
Section 70 -238. Roofs.
(a) Required. White flat blRte .+ a + i Flat, white thru and thru smooth un-
coated tile and ,&�� gray slate er slate style the may be permitted on
homes that are predominately Georgian or British Colonial with Bermuda
influences. subj^^+ to Level 11 a Flat, gray thru and thru un- coated tile or
slate -like tile may be permitted at the discretion of Architectural Review and
Planning Board and Town Commission through the Level III review process
subiect to the Architectural Review and Planning Board and the Town
Commission making a determination that such alternatives are appropriate for
the neighborhood.
Section 7. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article III, Use Regulations, Section
70 -51, Minor accessory structures, to read as follows:
Section 70 -51. Minor accessory structures.
The following structures shall be considered as minor accessory structures in all
five single family zoning districts subject to specific setbacks established in this chapter.
Any structure which is larger or more intensive shall be subject to the same setbacks as
the principal structure.
(2) Permanent recreation facilities, including but not limited to:
In- ground swimming pools and spas, including waterfalls, which shall not to exceed four
feet in height.
Section 8. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division
2, Accessory Structures and Recreational Facilities, Section 66 -367, Swimming Pools, to
read as follows:
Section 66 -367. Swimming pools.
(i) Waterfalls, minor accessory structures shall not exceed 4 feet in height as
measured from average finished grade of property.
(k) No grotto shall be permitted within any zoning district A grotto shall be
considered an artificial structure or excavation made to look like a cave or cavern.
Section 9. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 66, Zoning, Article VIII, Supplemental District Regulations, Division
2, Accessory Structures and Recreational Facilities, Section 66 -369, Docks, to read as
follows:
Section 66 -369. Docks.
(7) Materials and colors. Materials and colors of docks and ancillary structures shall
be considered as part of architectural review and planning board consideration and shall
be maintained as approved. All docks shall be made of wood. No concrete docks are
permitted.
Section 10. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development
Regulations, Section 70 -71, Floor area ratios, to read as follows:
Section 70 -71. Floor area ratios.
(c) Incentive floor area ratio
1. For new structures in all districts, FAR may be increased to 0.33 for first
20,000 square feet of lot area plus .25 for portions above that if a minimum
ten (10) foot setback is provided on any multi -story portion of the structure
The ten (10) foot setback is in addition to the minimum required front
setback. The structure must conform to all applicable setbacks.
2. For alterations to existing structures in all districts, FAR may be increased to
0.33 for first 20,000 square feet of lot area plus 25 for portions above that if
architectural features are added to the structure. The features may take the
form of a porch or balcony, but must be located on the front side of the
structure and must occupy a minimum of 150 SF.
Section 11. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 70, Gulf Stream Design Manual, Article IV, Site Development
Regulations, Section 70 -73, Second floor areas, to read as follows:
Section 70 -73. Two -story structures
ll In order to limit the construction of bulkier homes with full second stories in
districts with small to medium lot sizes, the following restrictions shall be used:
(b) The use of architectural design features to provide variation among two -story
single family homes is required. One or more of the following features shall be
incorporated within facades facing public or private roadways on any new two -
story, single family home in all zoning districts
• Second -story setback (minimum 5' setback in addition to ground level front
setback
• Front porch (minimum 8' depth)
Gulf Stream
Ocean
Beachfront
North /South
Place au
Core
West
Soleil
Maximum
-.7-5 .70 x first
I x#+rrt
' i;..-* f' ^ ^-
.70 x first
.70 x
Second
floor area
fInAr;,=ea
area
floor area
first floor
Floor Area
20 x first
.70 x first
area
floor area
floor area
(b) The use of architectural design features to provide variation among two -story
single family homes is required. One or more of the following features shall be
incorporated within facades facing public or private roadways on any new two -
story, single family home in all zoning districts
• Second -story setback (minimum 5' setback in addition to ground level front
setback
• Front porch (minimum 8' depth)
" B a l c o n y ( m i n i m u m 2 4 S F )
" A r c a d e
T h e T o w n C o m m i s s i o n m a y w a i v e t h i s r e q u i r e m e n t w i t h i n s u b s e c t i o n ( b ) i f t h e
a p p l i c a n t c a n d e m o n s t r a t e t h a t t h e s e f e a t u r e s a r e i n c o n s i s t e n t w i t h t h e h o m e ' s
a r c h i t e c t u r a l s t y l e a n d t h a t t h e d e s i r e d v i s u a l v a r i a t i o n i s p r o v i d e d t h r o u g h o t h e r
m e a s u r e s .
S e c t i o n 1 2 . T h e C o d e o f O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m i s h e r e b y
a m e n d e d a t C h a p t e r 7 0 , G u l f S t r e a m D e s i g n M a n u a l , A r t i c l e V I , D i s t r i c t S t a n d a r d s ,
S e c t i o n 7 0 - 1 8 7 , T a b l e o f d i s t r i c t s t a n d a r d s , t o r e a d a s f o l l o w s :
S e c . 7 0 - 1 8 7 . T a b l e o f d i s t r i c t s t a n d a r d s .
2 . R o o f s
1 . C e r t a i n m e t a l r o o f s d e t e r m i n e d b y t h e t o w n t o b e a p p r o p r i a t e t o t h e
s t r u c t u r e a n d t o t h e n e i g h b o r h o o d m a y b e a p p r o v e d o n l y i n i n s t a n c e s o f
r e - r o o f i n g o f e x i s t i n g s t r u c t u r e s b a s e d u p e s u b j e c t t o r e c e i p t b y t h e
t o w n o f a n e n g i n e e r ' s c e r t i f i c a t i o n t h a t t h e e x i s t i n g s t r u c t u r e w i l l n o t
s u p p o r t a t i l e r o o f , s a i d c e r t i f i c a t i o n t o a p p e n d t h e e n g i n e e r ' s s t u d y ( i e s )
a n d r e p o r t ( s ) s u p p o r t i n g s a i d c e r t i f i c a t i o n a n d s u b j e c t f u r t h e r t o a n
e n g i n e e r a p p o i n t e d b y t h e t o w n c o n f i r m i n g s a i d e n g i n e e r ' s c e r t i f i c a t i o n
A d d i t i o n a l l y , u n p a i n t e d c o p p e r m a y b e u s e d e i t h e r a s a d e c o r a t i v e a c c e n t
o r o n m i n o r a c c e s s o r y s t r u c t u r e s .
S e c t i o n 1 3 . S e v e r a b i l i t y .
I f a n y p r o v i s i o n o f t h i s O r d i n a n c e o r t h e a p p l i c a t i o n t h e r e o f i s h e l d i n v a l i d , s u c h
i n v a l i d i t y s h a l l n o t a f f e c t t h e o t h e r p r o v i s i o n s o r a p p l i c a t i o n s o f t h i s O r d i n a n c e w h i c h
c a n b e g i v e n e f f e c t w i t h o u t t h e i n v a l i d p r o v i s i o n s o r a p p l i c a t i o n s , a n d t o t h i s e n d t h e
p r o v i s i o n s o f t h i s O r d i n a n c e a r e h e r e b y d e c l a r e d s e v e r a b l e .
S e c t i o n 1 4 . R e p e a l o f O r d i n a n c e s i n C o n f l i c t .
A l l o t h e r o r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m , F l o r i d a , o r p a r t s t h e r e o f w h i c h
c o n f l i c t w i t h t h i s o r a n y p a r t o f t h i s O r d i n a n c e a r e h e r e b y r e p e a l e d .
S e c t i o n 1 5 . C o d i f i c a t i o n .
T h i s O r d i n a n c e s h a l l b e c o d i f i e d a n d m a d e a p a r t o f t h e o f f i c i a l C o d e o f
O r d i n a n c e s o f t h e T o w n o f G u l f S t r e a m .
S e c t i o n 1 6 . E f f e c t i v e D a t e .
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law. I
PASSED AND ADOPTED in a regular, adjourned session on first reading this 8th
day of June , 2012, and for a second and final reading on thisl3th day of
July , 2012.
Lf&mTl!" M�
Mayor,
Commissioner
Commissi ner
Commissioner
ATTEST:
(x
Clerk