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HomeMy Public PortalAbout10/18/1979PLANNING BOARD MEETING - OCTOBER 18, 1979 The meeting was called to order at 9 A.M. by Mr. Brian Pfeifler. This meeting concerns work being done by Dr. and Mrs. Scherer on their property without a permit. Mrs. Scherer presented incomplete plans showing area in question. After a general discussion she was advised to complete the plandg for review by the Town. ffihe Town Clerk was advised to contact the Army Corp of Engineers for a field inspection of this area by their department and advise the Town. Mrs. Scherer was also advised that to place a wall more then 6 feet she must ask for a variance. blocks Mrs. Scherer was also advised that the OW presently placed on top of the existing wall must come down, and gave her three weeks to do so. C Meeting adjourned 9:45 A.M. Deputy Town 'Clerk § " GULF STREAM CODE Sec. 9 -3. Same — Petition for variance or special ex- caption. Upon filing a petition or a request for a variance or a special exception within the town the petitioner shall pay a fee of fifty dollars ($50.00), to the clerk. The fee is not reimbursable but is to help defray the costs of administrat- ing and processing of such application. (Ord. No. 764, § 1, 5.9 -75) Cross reference —For provisions relating to special exceptions see App. A, I IX. Sec. 9 -4. Comprehensive planning — Generally. The Town of Gulf Stream, Florida, hereby declares its intent to exercise its authority to plan for the area under its jurisdiction as granted by the Local Government Compre- hensive Planning Act of 1975. The town commission hereby designates the town commission of the Town of Gulf Stream as the Local Planning Agency to review the comprehensive plan of the town, hold public hearings in regard thereto, and carry out all activities designated by the state statute of the local planning agency in regard to the comprehensive plan. (Ord. No. 79 -6, 6 -8 -79; Ord. No. 79 -7, 6 -8 -79) Sec. 9 -5. Same —Plan adopted. In compliance with the Local Government Comprehensive Planning Act of 1975 of the State of Florida as amended (Florida Statute 1977 Sections 163.3161 through 163.3211, inclusive), the town hereby adopts the Comprehensive Devel- opment Plan, attached hereto by reference, as the land use plan for the town. (Ord. No. 79 -13, § 1, 12- 14 -79) Editor's note —Ord. No. 79 -13, § 1, adopted Dec. 14, 1979, did not expressly amend the Code; hence codification as § 9 -5 has been at the discretion of the editor. Sec. 9 -6. Exemption of town from county road im- provements ordinance. (a) Purpose. It is the purpose of this emergency ordinance that a "conflict" be established, as the term is used in Article VIII, Section I(f) between the provisions of this Supp. No. 2 924 PLANNING AND DEVELOPMENT § 9 -16 emergency ordinance and Ordinance No. 79 -7, known as the "Fair Share Contribution for Road Improvements Ordi- nance," enacted by the Board of County Commissioners of Palm Beach County, Florida, effective July 11, 1979. It is the intent of the town council that no portion of said county ordinance shall be applicable within the corporate limits of the town. (b) Exemption. The town shall not collect the road improvements impact fees as described in the aforesaid county ordinance. (Ord. No. 79 -9, §§ 2, 3, 7- 13 -79) Editor's vote —At the discretion of the editor, 11 2 and 3 of Ord. No. 79 -9, adopted .luly 13, 1979, have been codified as hersinebove net out in 9 -6. Said provisions were nonamendatory of the Code. Seca. 9- 7 -9 -15. Reserved. ARTICLE IL PLATS• Sec. 9 -16. Required: contents. Any person subdividing, platting or preparing for the development of any tract of land within the limits of this town, before filing for record the plat or map thereof in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, shall file such proposed plat or map with the commission, showing a complete description of such tract of land, the size of the lots, blocks and other subdivisions thereof and the streets, alleys, or other public ways to be dedicated thereby. In case there are no alleys 'Cross reference —For detailed procedure for submiesion of plats see App. A, § X. Supp. No.2 924.1 W APPF,NDIX A— ZONING ORDINANCF, if (2) In unsubdivided property or where a district boundary divides a lot, the location of such boundary , unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map. (3) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that Portion of such street or alley added thereto by virtue of such vacation or abandonment. (4) Where a District boundary line divides a lot in a single ownership at the time of the passage of this Ordinance, the Town Commission may, in its discretion, permit a use authorized in either portion of such lot to extend to the entire lot, but not more than twenty -five feet (25 ft.) beyond the boundary line of the district in which such use is authorized. (Ord. No 13i, § 1, 4- 14 -67; Ord. No. 73 -1, § 1, 3- 23 -73; Ord. No. Rl -4, § 2 1 -8 -82) Section II. [App]icability.] `— Except as hereinafter provided: (A) No building shall be erected, reconstructed or struc- turally altered, nor shall any building or land be used which does not comply with all the district regulations established land is located. by this ordinance for the district in which the building or (B) The minimum yards and other open spaces, including the intensity of use provisions contained in this ordinance for each and every building hereafter erected, reconstructed or structurally altered, shall not be encroached upon or considered as a compliance with yard or open space requirements or intensity of use requirements for any other building or adjoining building. (C) Every building hereafter erected, reconstructed or structurally altered shall be located on a lot fronting on either a private or public street. Supp. No. 4 1137 M § III GULF STREAM CODE Section III. "RS" residential single - family district.' (A) Uses permitted shall be only the following. (1) Dwelling for occupancy by one family only. (2) Private nurseries or greenhouses. (3) Accessory buildings and uses customarily incident to the above uses, not involving the conduct of a business. (B) Building height limit. (1) No building shall exceed two and one -half (21/2) stories, or thirty -five (35) feet in height. (C) Minimum size of building required. (1) No main residence building shall be constructed or allowed with less than three thousand (3,000) square feet aggregate floor area. The minimum aggregate floor area is the total floor area of a building, exclusive of terrace, basements and unroofed areas, including twenty -five (25) per cent of at- tached garages and screened porches. Screened top patios are considered unroofed areas. An accessory structure including, but not limited to, cahanas, swimming pools, unattached garages, gazebos, shall he lo- cated on the same lot or parcel of land as that of the main residence building and shall be in conformity with the set- back requirement set forth herein. In the event of contiguous lots or parcels, a unity of title shall be recorded prior to issuance of a building permit for either a main residence building or an accessory structure which would cross lot lines. (D) Building site area required. (1) The minimum building site area shall be one lot or parcel of land twenty thousand (20,000) squnre feet in nren for each single- fnmily dwelling unit. (E) front yard required. (1) There shall be a front yard not less than twenty -five (25) feet in depth or twenty -five (25) per cent of the lot depth, which - Supp. No. 4 1138 J APPENDIX A— ZONING ORDINANCE. § 11I ever is greater, and with a width of not less than one hundred (100) feet fronting no a s.re_, road, ave 5i its t r the Atlantic Ocean. Track of In fronting on Ocean Boulevard and ex- tending eastward to the Atlantic Ocean need only front one hundred (100) feet on the Atlantic Ocean, or one hundred 000) feet on Ocean Boulevard. Tracts of land fronting either on Ocean Boulevard or the Atlantic Ocean shall be required to have n landward setback twenty -five (25) feet from the construction setback line established by the Department of Natural Resources of the State of Florida. Notwit.hst.mnding these provisions, the setback distance along I.he A I A right. - of -way shall he at, least seventy-eight (78) feel. from the cen- ter line of said right -of -way. (F) Side yard required. (1) There shall be side yards of not less than fifteen (1 5) feet or fifteen 05) per rent of the average Footage of the lot width whichever is greater on each side of a building, including porches, projections, cornices and eaves. (2) Where any lot is located on any street intersection, or where two or more street lines outline any lot, or where any lot is located upon any corner, each side of the lot facing a street shall, for the purpose of determining set backs, be deemed to be the front of said lot. Provided, however, that this provision shall never be construed to require any building to be set back along any street a further distance than the average set backs along said street. (G) Rear yard required. (1) There shall he a rear yard having a depth of not less (Ilan fifteen (15) feet or fifteen (15) per cent of the average footage of the lot depth whichever is greater. (H) Wa11s and fences. (1) All walls or fences outside of building lines of the Property shall not be over six feet (6 ft.) in height from the front street line back to the building line, and not more than six feet (6 ft) in h ' h 9upp. No.4 e t From the building 1139 $ III GULF STREAM CODE line to the rear easement line (but not less than two and one -half feet (21/2) from the rear line), and no such wall or fence shall be constructed over such rear set back line; and provided, further, that in the event a wall or fence is erected on a corner lot, it shall not exceed six feet (6 ft.) in height, where the same is substantially parallel to any public street or highway. (I) Additional provisions. (1) Any private school not being conducted on lands within the Town of Gulf Stream, Florida, classified as "RS" residential single- family district, may continue to he used as such under the provisions of Section VIl hereof, provided, however, that. any private school building, or other structure used in con- nection with and as a part of and appurtenant in the opera- tion and maintenance of such private school, may he replaced, repaired and maintained from time to time as shall be neces- sary for the effective operation and maintenance of such private school. (2) Nothing herein contained shall be deemed to prohibit the construction of an accessory building containing bedrooms with cooking and bath facilities, to be used in connection with and as a part of the main residence, and to be constructed within the building lines. Such accessory building shall be used only for occupancy of the legitimate non - paying guests of the owners of the main residence, or bona fide members of the family or servants. (3) No person shall use any portion of a building in "RS" resi- dential single- family district for the purpose of carrying on or practicing any profession, occupation or calling. Any such use is hereby declared to be a violation of the provisions of this ordinance. (Ord. No. 68 -1, § 1, 2 -9 -68; Ord. No. 74 -3, § 2, 4- 12 -74; Ord. No. 81 -4, § 3,1-8-82) Section ILIA. "RM -1" limited multiple - family residential district. (A) Uses permitted: In this district, any building or land may he used for any use permitted in "RS" residential single - family district and "RM" multiple - family residential district. Supp. No. 4 1140 § Vli GULF STREAM CODE classification or to a conforming use, such use shall not thereafter be changed to a non - conforming use of a lower classification. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than seventy -five (75) per cent of its value by fire, explosion or other casualty, or act of God, or the puhlie enemy, nor the cnntinned occupancy of such building. (Ord. No. 81 -4, § 8, 1 -8 -H2) Section VIII. Certificates of occupancy. That it shall be unlawful to use or permit the use of any building or premises thereon hereafter created or erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy to the effect that the building or premises or part thereof and the proposed use thereof conform to the provisions of the ordinance shall have been issued by the Town Building Inspector; provided that under the rules and regulations of the Town Commission a temporary certificate of occupancy for a part of a building may be issued by the Town Building Inspector; provided that upon written request from the owner, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the passage of this ordinance certifying after inspecting the use of the building or premises and whether such conforms to the provisions of this ordinance. Section IX. Special exceptions. (A) When there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, application to the Town Commission may be made by any person aggrieved to grant special exceptions, in specific cases to the terms of this ordinance where the same will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship to the end that the spirit of this ordinance shall be observed and substantial justice done. Supp. No. 4 1148 APPENDIX A— ZONING ORDINANCE § IX (B) In considering all proposed variations to this ordi- nance, the Commission shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the districts shown on the Zoning Map, and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, morals and general welfare of the Town of Gulf Stream, Florida. (C) Every person requesting a special exception as herein contemplated, shall make written application to the Town Commission therefor and file the same, and ten (10) copies thereof, with supporting facts and data with the Building Inspector. The Building Inspector shall forthwith examine said application and endorse his recommendations thereon. Thereupon a copy of said application shall be mailed to the owners of the property immediately adjacent thereto and across the street therefrom, at the address shown on the Town tax records, together with a notice from the Building Inspector advising the time of the hearing on said application before the Town Commission. The Building Inspector shall cause to be posted, a Notice on the Town Bulletin Board at the Town Hall, which Notice shall set forth a brief summary of said application and the date of the hearing, directed "To all whom it may concern'; said notice shall be posted at least ten (10) days before the meeting of the Town Commission to consider such application. The coat of such posting and mailing of notices shall be home by the applicant. No application shall be heard less than ten (10) days after the posting of notice and the mailing to property owners directly affected as herein provided, and all applications will be heard at regular meetings of the Town Commission unless otherwise ordered by the Commission. Cross reference —For fees for petition for variance or special exception see § 9.3. Supp. No. 4 1149 § X GULF STREAM CODE Section X. Plate. (A) All plane, re- plane, plats or re -plate of land hereafter laid out in building lots or streets, alleys or other portions of the same intended to be dedicated to the public use, or for the use of purchasers or owners of lots fronting thereon, or adjacent thereto, and located within the Town, shall be submitted to the Town Commission, or a committee thereof designated for such purpose, for its approval or rejection; and it shall be unlawful to receive or record such plane, re- plans, plats or re- plate, in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the Town Mayor and Clerk upon authority of the Town Commission, and the corporate seal of the Town. The disapproval of such plane, re- plane, plate and re -plats by the Town Commission shall be deemed a refusal by the Town of the proposed dedication shown thereon. The approval by the Town Commission shall be deemed an acceptance by the Town of the proposed dedication, but shall not impose any duty upon the Town concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the Town shall have made actual appropriations of the same by entry, use or improvements. All plans, re- plans, plats or re -plats of lands hereafter laid out. within any area of the town located in "RS" residential single - family district, or in "RM" residential multiple - family district. shall pro- vide for lots or tracts of land having a frontnge of at least one hundred (100) feet on a dedicated street, road or avenue, and a land aren of at least twenty thousand (20,000) squnre feet. for ench lot or trnet, shown on snid plat.. (RI h :nch npplicnl.iun for n building parmil. shall br nccompnni�•d by a plat, in duplicate, drawn to scale, showing the actual dimen- sions of the lot to built upon, the size, shape and loention of the building to be erected, and such other information as may be neces- sary to provide for the enforcement of this ordinance. All building permits for new construction, and for repairs, and remodeling of existing buildings, which will require the expenditure of five thou- sand dollars ($5,000.00) or more, the plans and specifications for such new building and such repairs and remodeling shall hear the Supp. No. 4 1150 APPENDIX A— ZONING ORDINANCE - § Xi signature of an architect registered in the State of Florida, and in good standing with his state board, and all other requirements of the town's Code of Ordinances, relating to the issuance of building permits, shall be complied with. A record of such application and plat shall he kept in the office of the building inspector. Where application is made to enlarge an existing nonconforming use, the application shall he accompanied by an affidavit giving the descrip- tion of the premises owned at the date of the passage of this ordi- nance. (Ord. No. 81-4, § 10, 1 -8 -82) Crone reference —For additional platting requirements sea g 9 -16. Section XI. Interpretation, purpose and conflict. (A) In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum require- ments for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where tMa ordinance imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this ordinance shall control. If, because of error omission in the Zoning Map, any property in the Town of Gulf Stream, Florida, is not shown as being in a Zoning District, the classification of such property shall be "RS" residentinl single - family district unless chnnged by amend- ment to the zoning ordinance. (B) This ordinance, as recited in the preamble hereto, is adopted for the purpose of revising, amending and bringing to date the zoning laws and ordinances of the Town of Gulf Stream in existence since the enactment of Zoning Ordinance on May 2, 1946, and it is hereby expressly declared and determined that it is the intention of the Town Commission that this ordinance shall supersede only such parts of the existing zoning laws and ordinances of the Town of Gulf Stream, Florida, as are in direct conflict with and not reconcilable to the provisions of this ordinance, and it is expressly declared and determined that if for any Supp. No. 4 1151 mw�o rt V rt 0 co 1 w.J n zm �n J F n •o rtz w m (t T n m m w == 3 0 rt a m c w (< C S Z N r-1 In 1-0 0 TI T 0 0 (7 w N ~' w C f S rtO CO V 1+ Cr O £ -hS -h --� -n3 r+°h0 cS bIDmm�••. -mrs rtrJ m vm mO V C+rt Zw Ol CD O+ d (n O T N O 00 rtrt cam n =- -S mo o-1 3=co rDr+m 0 c jA 3 m m m = rt S (n T S rD . 3 y1 m T n In n w rt 3 - d(D n �" N m m rt S rt 0 n x w w S rt v rt r+ 0 rD S d T T (G O 0 3' -1, n m l< (< a m m r (� O" r+ :Z Z N (mD Z m -% n O C +'o _h -11 S --{ 0 rt a 0 J -+ p z�pTO -s 0mT O -. rtrT cS �w Jr+ r+ m0 o3 a 03 W r+ J rt n -h O a � Cl 0) (G 3• T r•-i J O 3. 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