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HomeMy Public PortalAbout21/4ORDINANCE NO. 21/4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF G ULF STREAM, PALM BEACH COUNTY, FLORID A, AMEN DING THE TOWN CODE OF ORDINANCES AT C HAPTER 66 — ZONI NG; ARTICLE VI — DISTRICT REGULATIONS; DIVISIO N 4 — OR OUTDOOR RECREATION AL DISTRICT; SECTION 66- 254 — SPECIAL EXCEPTIONS, TO PRO VIDE FOR A SPECIAL EXCEPTION FOR REVERSE OSMOSIS WA TER PLANTS ASSOCIATED WITH A GOLF CO UR SE; PROVI DIN G F OR SEVERABILIT Y; PRO VID ING FOR REPEAL OF OR DINANCES IN CONFLICT; PROVIDIN G FOR CODIFIC ATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TH E TOWN COMMISSIO N OF THE TOWN OF GULF STREAM, PA LM BEACH COUN TY, FLORID A, AS FOLLOWS: Section 1. The Code of Ordin ances of the Town of Gulf Stream is hereby a mended at Cha pter 66 — Zoning; A rticle VI — District Regulations; Division 4 — OR Outdoor R ecrea tional D istrict; Section 66-254 — Spe cial Exceptions to read as follows: Sec. 66-254. - Special exceptions. There a rc no epeci Reverse osmosis waterplants (RO Pla nt) associa ted with a golf course may be approve d as a special exception subject to the following: u Water from the RO Plant may be used for irrigation at the a ssociated golf course and accessory uses to the golf co urse only. The propo sed RO Plant sha ll not result in such noise, odor, or v ibration, so as to a dv ersely impact surrounding residential dwellings. Lal Equipment associated with the RO Plant shall be located inside of a building constructe d of materials designed to reduce noise levels at neighboring locations. All ventilation openings within the building housing the RO Plant sha ll contain noise reduction devices to reduce the no ise escaping the RO Pla nt building, and the openings shall be located so that they are not facing any residential dwellings located within 1000 feet of the RO Pla nt building. (4) The RO Plant shall provide sufficient protection so th at the sound level measured in decibels, using the "A" weighting sc ale which reflects the response characteristics of th e human ear, sh all not exc eed 45 decibels at the RO Plant property bound ary, and 30 decibels at adi acent residential pro perty boundaries. (5) If the RO Pla nt receives three or more noise compl aints from sep arate households within a 30 -day period, a noise control pl an sh all be de veloped by a professiona l engineer registered in the State of Florida, and the RO Plant shall implement the recommendations of the n oise control plan . The noise co ntrol pla n will be develope d by an engineer hir ed by the T own, and pa id for by the owner or opera tor of the RO Plant. (6) If the RO Plant receiv es three or more odor complaints from indi vidu als from sepa ra te ho useholds within a 30 -day period, an odor control pl an sh all be develo ped by a professional engineer registered in the State of Florida, a nd the RO Plant shall implement the recommenda tions of the odor control plan. The o dor control plan will be developed by an engineer hired by the Town, and pa id for by the owner or opera tor of the RO Pla nt. (7) The RO Plant sha ll obtain a nd comply with a ll a pplicable federal, sta te or local permits for construction and operation of the RO Plant. (8) The RO Plant shall not be detrimental to the area residents or households, or the public hea lth, safety or welfa re of the community as a whole. (9) The RO Pla nt a nd any accessory buildings shall be screened from view from adia cent properties. Accessory buildings include, but are not limited to, sto ra ge ta nks. Section 3. Severability. If any provision of this Ordinance or the applicatio n thereof is held invalid, such invalidity shall not a ffect the other pro visio ns or a pplicatio ns of this Ordinance which can be given effect without the inva lid provisions or applications, and to this end the provisions of this Ordinance a re he reby declared severable. 2 Section 4. Repe al of Ordinances in Conflict . All other ordin ances of th e Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a p art of the official Code of Ordinances of the Town of Gulf Stream. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage a nd approval, as provided by law. PASSED AND ADOPTED in a regular, a djourned session on the first re ading rr� this i i- da y of A 202( , and for a second and final reading on this d ay of .�vIY 2021. A TTEST: VICE OR M SSIIN E COM ISSIO ' R COMMISSIONER 3