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Home My Public Portal AboutORD 05/02ORDINANCE NO. 0512 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66, ZONING, ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 66 -369, DOCKS, AT SUBPARAGRAPHS (5), (6)(a), (6)(e), (6)(g), (6)(h) and (6)0); 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 66, Zoning, Article VIII, Supplementary District Regulations, Section 66 -369, Docks, subparagraph (5) Ancillary Structures Permitted, to read as follows: "(5) Ancillary structures permitted. Ancillary structures including handrails, steps, swim ladders and up to a maximum of four dolphins, a boat lift as described in paragraph (6) below, two water hook -ups, two electrical outlets in excess of 115 volts, two lights, and one dock box shall be permitted in accordance with the provisions of this chapter. Boathouses, fixed covers, fixed benches, fixed fish cleaning apparatus, fixed maintenance apparatus, fuel pumps, sewage pump -outs, flagpoles and diving platforms /boards shall be prohibited." Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article VIII, Supplementary District Regulations, Section 66 -369, Docks, subparagraph (6) Location and Dimensions, subparagraph (a), to read as follows: (6) Location and dimensions. "a. There shall be one dock and /or boat lift per lot. For purposes of this section, a boat lift shall include any device fixed to the ground, seawall, post, piling or a dock designed to lift watercraft clear of the water. Lots having water frontage on both a cove and the Intracoastal shall be allowed one dock and /or boat lift in the cove and one dock and /or boat lift along the Intracoastal Waterway. Nothing in this section shall preclude the installation of one additional boat lift installed on the seawall or platforms landward of the seawall used for the purpose of storing or hoisting small watercraft into and out of the water. The boat lift shall be limited to a single arm and a 1,500 pound lifting capacity. No watercraft shall be stored on the dock or on the land in view of abutting neighbors." 1 Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article VIII, Supplementary District Regulations, Section 66 -369, Docks, subparagraph (6) Location and Dimensions, subparagraph (e), to read as follows: (6) Location and dimensions. "e. There shall be a docking zone as designated on the illustrations incorporated herein and attached hereto as Exhibit "A ". Neither the dock, boat lift, nor any portion or accessory of the boat.,-sr dock or boat lift may exceed past the docking zone. For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30% of the designated water frontage. The docking zone for cove end lots shall have a five foot minimum offset from the setback centerlines. For lots with designated water frontage less than 100 feet the docking zone shall have a minimum five foot offset from each of the setback centerlines. In any case neither boat nor dock shall exceed a length of 70 feet. For rounded corner lots, water frontage is determined by the midpoint of the arc. For purposes of determining designated water frontage, dock widths, setbacks and maximum boat lengths for each waterfront lot within the Town, the figures contained within Exhibit "B" attached hereto and incorporated herein shall apply. In cases with multiple water frontages, owner must treat each frontage according to the appropriate size category." Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article VIII, Supplementary District Regulations, Section 66 -369, Docks, subparagraph (6) Location and Dimensions, subparagraph (g), to read as follows: (6) Location and dimensions. "g. A maximum of one davit boat lift with up to 500 pounds lifting capacity shall be permitted to be attached to a dock." Section 5. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article VIII, Supplementary District Regulations, Section 66 -369, Docks, subparagraph (6) Location and Dimensions, subparagraph (h), to read as follows: (6) Location and dimensions. "h. Boat lifts alas -which exceed 500 pounds lifting capacity shall be attached only to seawalls or platforms landward of the seawall." 2 Section 6. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning, Article VIII, Supplementary District Regulations, Section 66 -369, Docks, subparagraph (6) Location and Dimensions, subparagraph (j), to read as follows: (6) Location and dimensions. ' j. Subject to level one site plan approval, a maximum of one floating platform may be permitted in lieu of davits a boat lift for the purpose of storing small watercrafts. The floating platform shall be constructed of non - ferrous material, be black in color, and may not rise more than 12 inches out of the water. No more than two watercrafts of a maximum length of 14 feet shall be stored on the floating platform. The platform dimensions shall not exceed eight feet in width or 16 feet in length. All watercrafts shall be stored parallel to the seawall. A floating platform must be removed after three months of disuse." Section 7. 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 8. 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 9. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 10. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 3 PASSED AND ADOPTED in a regular, adjourned session on first reading this 12th day of August , 2005, and for a second and final reading on this 9th day of September , 2005. ATTEST: �ZY6 e-� Clerk Commissioner Commissioner N: \JCR \13147 -01 \Ord Sec. 66 -369 (5) and (6) ALTERNATIVE.DOC