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Home My Public Portal AboutORD 08/04ORDINANCE NO. 008/4 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN'S ZONING ORDINANCE, CHAPTER 66, AT SECTION 66 -1, DEFINITIONS, SO AS TO PROVIDE A NEW DEFINITION FOR BASEMENT; AMENDING ARTICLE VI, DISTRICT REGULATIONS, DIVISION 2, TO REFERENCE CHAPTER 70 OF THE GULF STREAM DESIGN MANUAL FOR ALL REGULATIONS RELATING TO THE RS SINGLE FAMILY RESIDENTIAL DISTRICT AND SO AS TO AMEND DIVISION 3 SO AS TO REFERENCE THE GULF STREAM DESIGN MANUAL FOR ALL REGULATIONS RELATING TO THE RM MULTIPLE FAMILY RESIDENTIAL DISTRICT, THEREBY RESCINDING SECTIONS 66 -226 THROUGH 66 -263; AMENDING ARTICLE VIII SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ACCESSORY STRUCTURES AND RECREATIONAL FACILITIES, AT SECTION 66 -369, DOCKS, SO AS TO PROVIDE REGULATIONS RELATING TO BOATLIFTS; AMENDING ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 7 SIGNS, AT SECTION 66 -446, RELATING TO REGULATIONS ON POLITICAL SIGNS; AMENDING ARTICLE VIII, SUPPLEMENTARY DISTRICT REGULATIONS RELATING TO WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS AT SECTION 66 -456, SUBPARAGRAPH (5)b, SO AS TO AMEND THE REFERENCE THEREIN FROM SECTION 6.1 TO SECTION 66 -164; 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 I, In General; Section 66 -1, Definitions, to provide a new definition of "basement" to read as follows: "Basement shall mean that portion of a building, the ceiling which is entirely below grade or less than three feet above grade. A basement is not considered a story with regards to the height measurement of a building. 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." Section 2. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article VI, District Regulations, Division 2, to read as follows: "DIVISION 2. RS SINGLE FAMILY RESIDENTIAL DISTRICT. For all regulations relating to the RS Single Family Residential District, see Chapter 70, Gulf Stream Design Manual." 1 Section 3. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article VI, District Regulations, Division 3, RM Multiple- Family Residential District, by rescinding Sections 66 -226 through in 66 -240 in their entirety. Chapter 66, Zoning; Article VI, District Regulations, Division 3, RM Multiple- Family Residential District, is hereby amended to read as follows: "DIVISION 3. RM MULTIPLE - FAMILY RESIDENTIAL DISTRICT There is hereby created within the RM Multiple - Family Residential District, two sub - districts to be known as the RM West and RM East Multiple - Family Residential Districts. See Chapter 71, Gulf Stream Design Manual, Multiple - Family Residential Districts. Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article VIII, Supplementary District Regulations; Division 2, Accessory Structures and Recreational Facilities; Section 66 -369, Docks; subparagraph (6), Location and Dimensions, to read as follows: "Sec. 66 -369. Docks (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. Boat lifts may include and shall be limited to the following: 1. Low profile piling boat lifts provided the lifting equipment does not exceed a maximum height of five feet above the seawall. Vessels lifted thereon shall not exceed 34 feet in hull length. 2. Any boat lift, other than the four post lift described in subparagraph (6) a 1 above, shall be attached only to the seawall or platform landward of the seawall. 3. A maximum of one boat lift with up to 500 pounds lifting capacity shall be permitted to be attached to a dock. 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. Said boat lift shall be limited to a single arm and a 1,500 pound lifting capacity. No watercraft shall be stored on the 0 dock or on the land in view of abutting neighbors. All vessels lifted on any type of lift shall have no flying bridge, tuna tower or marlin tower and no portion of the vessel shall exceed ten feet above the seawall (excluding antenna or radar) when lifted. b. No dock shall exceed five feet in width. C. Boats, docks and lifts shall be parallel to the seawall. d. Docks shall be no higher than any abutting seawall or five and one -half feet above mean sea level, whichever is greater. Ancillary handrails, steps and lights shall not project more than four feet above the dock. e. There shall be a docking zone as designated on the illustrations incorporated herein and attached hereto as Exhibit "A ". [See the end of this section.] Neither the dock, boat lift, nor any portion or accessory of the boat, 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 percent 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 the case of cove end lots and lots with a water frontage of 100 feet or less, 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. [See the end of this section.] In cases with multiple water frontages, owner must treat each frontage according to the appropriate size category. In the case of low profile piling boat lifts, the lift shall be located in the following manner. The first piling shall be placed a minimum of twenty feet (towards center of the lot) from the setback line with the pilings extending into the docking zone no farther than twenty feet from the seawall. For lots with setbacks of more than fifteen feet on either side, the twenty foot measurement for the first piling shall be measured from the setback on the side with the largest setback. f. A maximum of one dock box shall be permitted which shall be no higher than 30 inches and no larger than 24 cubic feet. g. Light fixtures shall be installed in a manner that provides safe pedestrian circulation using low voltage lighting with a maximum fifty watts mounted no higher than three feet above the dock at a minimum spacing of ten feet on center. Lights are to be step, path or marine type fixtures. Fixtures must project downward at a minimum 45- degree angle from 3 the horizontal plan tangent to the top of the light source fixture and allow no light spillage onto adjacent properties. No fixture shall be mounted to the seawall. h. Subject to level one site plan approval, a maximum of one floating platform may be permitted in lieu of a boat lift for the purpose of storing small watercrafts. The floating platform shall be constructed of nonferrous 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 5. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article VIII, Supplementary District Regulations; Division 7, Signs; Section 66 -446, Restriction Generally, to read as follows: "Sec. 66 -446. Restriction generally. (a) The erection, display and maintenance of a sign on any property or building within the town is prohibited except the following which are permitted: (1) Signs required by the town or other governmental agencies where required by law and those which are necessary and incidental to the performance of governmental activities and responsibilities. (2) Signs required by a club 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 such club. (3) Signs required by owners of private property including their agents and contractors shall be limited to: a. Only one real estate sign, which shall be removed within 48 hours of the sale or rental of the property on which the sign is located. b. Only one sign which identifies contractors and /or subcontractors and their building or renovation activities only in relation to such activities as are being conducted on the particular property on which the sign is to be erected, displayed and maintained. Such sign shall be permanently removed prior to the issuance of a certificate of occupancy or final inspection for the building or renovation activity described on the sign. (4) Owners of private property may erect, display and maintain a sign identifying their name or ownership, entrance and exit roads and street number identifying such property. (5) Political signs subject to the following regulations: CI a. No sign shall exceed a maximum of four square feet in area. b. Not more than one sign shall be placed upon any property unless such property fronts upon more than one street, in which event two signs may be erected, one on each frontage. C. Signs shall be located only on properties where the property owner has given permission. d. The placing of signs anywhere on public property or rights -of -way is prohibited. e. Signs shall be set back ten feet from the lot line of another property owner, five feet from the front property line or from the street and shall have a maximum height of four feet including support for the sign. f. Temporary political signs shall not be placed prior to thirty days of the election to which they relate and shall be removed within 48 hours after the day of the election to which they apply. (b) Except for the designation of resident name, property owner, location, or address, the erection, display and maintenance of an illuminated sign on any property is strictly prohibited." Section 6. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 66, Zoning; Article VIII, Supplementary District Regulations, Division 8, Wireless Communications Towers and Antennas; Section 66 -456, Wireless Communications Towers and Antennas, to amend item (5) b, first paragraph to read as follows.. "b. Factors considered in granting special exception approval for towers and /or antennas. In addition to any standards for consideration of special exception applications specified in Section 66 -164 of this Code, the board of adjustment shall consider the following factors in determining whether to approve a special exception:" 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. 5 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. PASSED AND ADOPTED in a regular, adjourned session on first reading this 5.:— day of September 2008, and for a second and final reading on this loth day of October , 2008. ATTEST: Jerk MEAPAY-F& Commissioner 0