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HomeMy Public PortalAboutORD 15/09ORDINANCE NO. 15/9 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 70 OF THE TOWN CODE OF ORDINANCES, THE GULF STREAM DESIGN MANUAL, AT ARTICLE IV, SITE DEVELOPMENT REGULATIONS, ELIMINATING SECTION 70-71(c) INCENTIVE FLOOR AREA RATIO; AMENDING SECTION 70-77, FIRST FLOOR ELEVATION; AND 70-78, SEAWALL HEIGHT; AMENDING CHAPTER 70, ARTICLE V, AREAWIDE STANDARDS, DIVISION 1, GENERAL ARCHITECTURAL STANDARDS, AT SECTION 70-100, ROOF AND EAVE HEIGHTS; SECTION 70-101, WINDOWS; SECTION 70-105, GARAGES AND ACCESSORY BUILDINGS; AND SECTION 70-106, COLOR; AMENDING CHAPTER 70, ARTICLE V, DIVISION 3, GENERAL LANDSCAPE STANDARDS, SECTION 70- 148 PRINCIPLES; AND CREATING A NEW SECTION 70- 151; APPLICABILITY AND PERMITTING; AMENDING CHAPTER 70, ARTICLE V, DIVISION 4, GENERAL OUTDOOR LIGHTING STANDARDS, SECTION 70-166, PURPOSE, CATEGORIES; AMENDING CHAPTER 70, ARTICLE VI DISTRICT STANDARDS, SECTION 70-187, TABLE OF DISTRICT STANDARDS; AMENDING CHAPTER 70, ARTICLE VII, PREDOMINATE ARCHITECTURAL STYLES, DIVISION 2, SPANISH MEDITERRANEAN REVIVAL STYLE, SECTION 70-218 ROOFS; AND ARTICLE VII, DIVISION 3, GULF STREAM - BERMUDA STYLE, SECTION 70-238, 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 70, Gulf Stream Design Manual; Article IV, Site Development Regulations; Section 70-71, Floor Area Ratio, by deleting subsection (c), Incentive Floor Area Ratios, in its entirety. Sec. 70-71. - Floor area ratios. 1 Section 2. 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 70-77, First Floor Elevation, to read as follows: "Sec. 70-77. - First floor elevation. (a) Undeveloped non -oceanfront lots. The maximum finished first floor elevation for all undeveloped non -oceanfront lots shall be the greater of the following: (1) +8-57_0 feet NGVDNAVD; (2) 1.5 feet above the crown of the lowest adjacent road; or (3) 0.5 feet above the average existing grade of the buildable area of the lot. (b) Previously developed non -oceanfront lots. For non - oceanfront lots previously developed, the maximum finished first floor elevation shall be the greater of the following: (1) +857_0 feet NIGVQNAVD; (2) 1.5 feet above the crown of the lowest adjacent road; or (3) The elevation of the previous structure or the average of elevations of adjacent structures. (c) Lots fronting the Atlantic Ocean. For lots fronting on the Atlantic Ocean, the maximum finished first floor elevation shall be the greater of the following: (1) 2.0 feet above the average existing grade of the buildable area of the lot; (2) +4-715.0 feet NGVDNAVD; or (3) The average elevation of adjacent structures." Section 3. 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 70-78, Seawall Height, to read as follows: 2 "Sec. 70-78. Seawall height. The maximum height of a new or replacement seawall abutting waters connected to the Intracoastal Waterway shall be no greater than fivesix feet NGVD or its equivalent in NAVD." Section 4. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 1, General Architectural Standards; at Section 70-100, Roof and Eave Heights, to read as follows; "Sec. 70-100. - Roof and eave heights. (a) Generally. (1) The height and number of eave lines and the overall height of a structure play an important role in establishing visual continuity with other structures on the street and maintaining an appropriate residential/human scale. Most structures in the town are characterized by simple roof designs with low to medium eave heights and roof heights. This type of design emphasizes the horizontal dimension of the structure while minimizing the vertical dimension. (2) Roof height is measured from the top of the first finished floor to the highest exterior point on the roof. Eave height is measured from the top of the first finished floor to the top of the roof beam at the end of the beam (top of flashing). Different eave heights establish different eave lines. Two or more separate roof areas with the same eave height are considered to have the same eave line. (3) Roof features can provide appropriate design articulation to a roof area, but should be used sparingly to avoid unnecessary and undesirable complexity. Roof features include, but are not limited to, chimneys, cupolas, decorative towers, dormers, and small cut-outs and extensions. Two or more dormers are considered to be one roof feature, as are two or more chimneys. (4) Entry features are the front portion of the structure which previde-desrindicate and enhance the main 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 architectural 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. Entry features: From eight feet to 12 feet Eave heights: From eight feet to ten feet six inches Eave lines: Three or less 3 Roof features: Three or less visible per building side Roof heights: 20 feet or less (24 feet or less for roof features) (2) Discouraged. Entry features: Between 12 and 14 feet Eave heights: Between ten feet six inches and 12 feet Eave lines: Four Roof features: Four visible per building side Roof heights: Between 20 and 24 feet (between 24 and 28 feet for roof features) (3) Prohibited. Entry features: Greater than 14 feet Eave heights: Less than eight feet or greater than 12 feet Eave lines: Five or more Roof features: Five or more visible per building side Roof heights: Greater than 24 feet (greater than 28 feet for roof features) (c) Two story homes. (1) Preferred Entry features Beachfront and Ocean West Districts – From 8 to 14 feet All other Districts – From 8 to 14 feet Eave heights: Beachfront and Ocean West Districts—From eight feet to 12 feet for one-story portions 22 feet six inches or less for two-story portions All other districts—From eight feet to ten feet six inches for one-story portions 21 feet or less for two story portions Eave lines: Four or less Roof features: Three or less visible per building side Roof heights: 22 feet or less for one-story portions (2) Discouraged Entry features Beachfront and Ocean West Districts – From 14 to 16 feet All other Districts – From 14 to 16 feet Eave heights: Beachfront and Ocean West Districts—Between 12 and 14 feet for one-story portions Between 22 feet six inches and 24 feet six inches for two-story portions All other districts—Between ten feet six inches and 12 feet six inches for one-story portions Between 21 feet and 23 feet for two-story portions Eave lines: Five Roof features: Four visible per building side Roof heights: Between 22 feet and 26 feet for one-story portions (3) Prohibited. Entry features Beachfront and Ocean West Districts – Greater than 16 feet rd All other Districts – Greater than 16 feet Buildings with more than two and one-half stories Eave heights: Beachfront and Ocean West Districts—Less than eight feet or greater than 14 feet for one-story portions Greater than 24 feet six inches for two-story portions. All other districts—Less than eight feet or greater than 12 feet six inches for one-story portions Greater than 23 feet for two-story portions Eave lines: Six or more Roof features: Five or more visible per building side Roof heights: Greater than 26 feet for one-story portions For two-story portions greater than the following for each zoning district: District Height in feet Gulf Stream Core 30 (roof features may extend to 35) Ocean West 30 (roof features may extend to 35) Beach Front 35 (including roof features) North/South 30 (roof features may extend to 35) Place Au Soliel 30 (roof features may extend to 35)" GRAPHIC Above graphic illustrates eight different eave lines, adding unnecessary complexity to the elevations." 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; Division 1, General Architectural Standards; at Section 70-101, Windows; subsection (d), Prohibited, to read as follows: "Sec. 70-101. -Windows. (d) Prohibited. (1) Floor -to -ceiling windows greater than one story. (2) Reflective or mirrored glass. (3) Glass block visible from street. (4) Jalousie windows visible from street. (5) Undivided windows over three feet in width or larger than 16 square feet visible from street and or waterway. (6) More than 50 percent of total window opening area on an elevation (there must be a higher percentage of wall area than window area). 5 (7) More than 50 percent of total window opening area on a street or waterway elevation composed of undivided panes larger than eight square feet. (8) Sliding glass doors on the front of the house." GRAPHIC Section 6. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 1, General Architectural Standards; at Section 70-105, Garages and Accessory Buildings, to read as follows: "Sec. 70-105. - Garages and accessory buildings. Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated with the principal building. Garages, and ancillary structures can have a negative impact on neighbors. An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise attractive residential area. (1) Preferred. Garages and ancillary structures designed to respect the views from neighboring lots Garages and ancillary structures integrated with the architectural style of the home (2) Discouraged. Screened enclosures visible from the street (3) Prohibited. All garages facing street on lots over 20,000 square feet not adequately screened or buffered from roadways Carports Garage doors that dominate the front elevation Metal storage sheds Thrpe—tall or larg— ga— --e- -R aRY lot not adequate! ^^'^^^^d nr h ^F^' s ^.rn mea4waysThree car garages facing the street are prohibited in all districts except Beachfront and Ocean West Two story screen enclosures" GRAPHIC Section 7. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; 0 Division 1, General Architectural Standards; at Section 70-106, Color, to read as follows: "Sec. 70-106. - Color. (a) Generally. (1) Color should be representative of the architectural style of the structure. Various pastel colors characterize Gulf Stream -Bermuda style homes, while off-whites, warm pastels, and light earthtone colors are common to Spanish Mediterranean homes. The chapter addresses color in a manner that will aid in its selection. Three categories, principal building color, trim color, and accent color have been established that correspond to color application for various architectural features. (2) Approved colors may be appropriate for one style of architecture but may be inappropriate for another (see article VII, Predominant Architectural Styles). An example of an inappropriate use of color would be a blue Spanish Mediterranean style home. A complete color sample chart displaying all approved colors is available at the Town Hall. A complete list of approved principal building and trim colors follows, and an explanation of color terms and the methodology of the color selection process is included in section 7-300. (3) The following colors are approved for all single-family homes. Colors are approved for the principal building and building trim. The color specifications referenced are from the Benjamin Moore Color Selector Kit, which is used as a reference only. The kit was selected based on completeness, ease of use, and availability. The town does not recommend or endorse any specific paint product or manufacturer. The kit, along with the color selection chart located in the Town Hall, shall serve as a basis for comparison, where any paint sample can be compared and classified as approved or prohibited. (b) Principal building. (1) Considerations. Many factors affect the application of color. Careful consideration should be exercised when selecting a color based on a color sample or color chip. Considerations include, but are not limited to, size, texture, and fenestration of the surface. Colors usually appear darker and more intense when applied over a large surface. The texture of the surface can cast shadows, making colors appear darker. The arrangement of the windows and various other elements define the amount of solid wall surface to consider. In general, colors should exemplify a high to medium-high value and a low to medium -low chroma (see section 70-300, Color). (2) Definition. "Principal building color" shall refer to the p red eminantappLoved color application to all walls of the principal building and associated accessory structures. 7 Principal building colors are subject to review and must be on the approved color list. (3) Approved color list. The following colors are approved as principal building colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow -greens, toned yellow -greens, toned greens, greens, blue -greens, toned blue -greens, blues, and blue -violets (colors #365 through 840) referenced herein shall be prohibited. All exterior walls of the principal building and the associated accessory structures shall be of uniform color across the entire principal building or accessory structure. This requirement shall not include trim and accent colors as those terms are defined in this code. Except as provided below for two story buildings, excluding trim and accent colors, no exterior wall of a principal building or accessory structure may contain or display more than one approved color, and no exterior wall of a principle building or accessory structure may contain or display an approved color that differs from another exterior wall on the same principal building or accessory structure. There shall be an exception for two story buildings which may incorporate a separate but complimentary color distinguishing one story from the other, however, no exterior wall of either story may contain or display more than one approved color. a. Red-oranges/toned red -oranges: 001, 008, 009, 015, 016, 017, 022, 023, 024, 029, 030, 036, 037, 038, 043, 044, 045, 050, 051, 052, 053, 057, 058, 059, 060, 064, 065, 066, 067, 071, 072, 073, 078, 079, 080, 085, 086, 087, 092, 093, 094, 095, 099, 100, 101, 106, 107, 108, 113, 114, 115, 116, 120, 121, 122, 127, 128, 129, 134, 135, 136. b. Yellow-oranges/toned yellow-oranges/golds: 141, 142, 143, 148, 149, 150, 155, 156, 162, 163, 164, 169, 170, 176, 177, 183, 184, 185, 190, 191, 192, 197, 198, 199, 204, 205, 206, 207, 211, 212, 213, 214, 218, 219, 220, 221, 225, 226, 227, 232, 233, 234, 239, 240, 241, 242, 246, 247, 248, 253, 254, 255, 260, 261, 262, 263, 267, 268, 269, 270, 274, 275, 276, 281, 282, 283, 284, 288, 289, 290, 295, 296, 297, 302, 303, 304, 305. C. Yellow/toned yellows: 309, 310, 311, 316, 317, 318, 323, 324, 325, 330, 331, 332, 333, 337, 338, 339, 344, 345, 346, 347, 351, 352, 358, 359. d. Yellow-greens/toned yellow -greens (prohibited for Spanish Mediterranean): 365, 366, 367, 372, 373, 374, 375, 379, 380, 386, 387, 388, 393, 394, 400, 407, 408, 414, 421, 428. e. Toned greens (prohibited for Spanish Mediterranean): 435, 436, 437, 442, 449, 456, 457, 463, 464, 470, 471, 477, 478, 484, 485, 491, 492, 498, 499, 505, 506, 512, 513, 519, 520, 521, 526, 527, 533, 534. f. Greens (prohibited for Spanish Mediterranean): 547, 582, 596, 617, 624. 0 g. Blue-greens/toned blue -greens (prohibited for Spanish Mediterranean): 645, 652, 666, 673, 680, 694, 701, 708, 715. h. Blues/blue-violets (prohibited for Spanish Mediterranean): 771, 792, 793, 806, 807, 813, 834, 835. i. Off-whites/pastels: 841 thru 973 (all). j. Warm neutrals/beiges: 974, 975, 976, 981, 982, 983, 984, 988, 989, 990, 995, 996, 1002, 1003, 1004, 1005, 1009, 1010, 1011, 1016, 1017, 1018, 1023, 1024, 1025, 1030, 1031, 1032, 1037, 1038, 1039, 1044, 1045, 1046, 1051, 1052, 1053, 1058, 1059, 1060, 1065, 1066, 1067, 1068, 1072, 1073, 1074, 1079, 1080, 1081, 1086, 1087, 1088, 1093, 1094, 1095, 1100, 1101, 1107, 1108, 1109, 1114, 1115, 1121, 1122. k. Browns/red-browns: 1156, 1157, 1158, 1163, 1164, 1165, 1166, 1170, 1171, 1172, 1177, 1178, 1184, 1185, 1186, 1191, 1192, 1198, 1205, 1206, 1212, 1213, 1214, 1215, 1219, 1226, 1240, 1241, 1247, 1248. I. Reds/red-violets: 1261, 1268, 1275, 1282, 1289, 1317, 1331. M. Violets/toned violets: All not allowed. n. Cool neutrals/toned gray -greens: 1457, 1458, 1464, 1465, 1471, 1472, 1478, 1479, 1485, 1492, 1493, 1499, 1500, 1506, 1507, 1508, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1527, 1528, 1529, 1530, 1534, 1535, 1536, 1541, 1542, 1548, 1549, 1550, 1555, 1556, 1557, 1562, 1563, 1569, 1570, 1576, 1577. o. Grays/blue-grays: 1583, 1584, 1585, 1590, 1591, 1597, 1598, 1604, 1611, 1612, 1618, 1619, 1625, 1626, 1632, 1633, 1639, 1640, 1646, 1647, 1653, 1660, 1661, 1667, 1674, 1675. (c) Trim. (1) Considerations. In addition to the priaslpal-building surface, the trim constitutes an important part of the home. Color selection should differentiate the trim from the walls, but contrast should be appropriate to the architectural style. Creating contrast helps to highlight the building articulation, while at the same time reduces the potential box -like appearance. Care should be exercised in selecting a color that will not overpower or dominate the home. (2) Definition. "Trim color' shall refer to the color application to any or all building trim elements such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters (if painted). Trim colors are subject to 0 review and must be on the approved color list and be consistent with the principal building color. (3) Approved color list. The following colors are approved as trim colors on all homes except for the Spanish Mediterranean style. For Spanish Mediterranean style, yellow -greens, toned yellow -greens, toned greens, greens, blue -greens, toned blue -greens, blues, and blue -violets (colors #365 through 840) referenced herein shall be prohibited. All approved principal building colors are approved as building trim colors. All trim colors shall be uniform in appearance for that portion of the trim element to which the approved color is applied. No trim element shall contain or display an approved color that differs from any other color approved for that trim element. a. Red-oranges/toned red -oranges: 002, 010, 018, 025, 031, 039, 046, 054, 061, 068, 074, 081, 088, 096, 102, 109, 117, 123, 130, 137. b. Yellow-oranges/toned yellow-oranges/golds: 144, 151, 157, 165, 171, 178, 186, 193, 200, 208, 215, 222, 228, 235, 249, 243, 256, 264, 271, 277, 285, 291, 298, 306. C. Yellow/toned yellows: 312, 319, 326, 334, 340, 348, 353, 360. d. Yellow-greens/toned yellow -greens (prohibited for Spanish Mediterranean): 368, 376, 381, 389, 395, 401, 415, 409, 422, 429. e. Toned greens (prohibited for Spanish Mediterranean): 438, 443, 450, 458, 465, 472, 479, 486, 493, 500, 507, 514, 522, 528, 535. f. Greens (prohibited for Spanish Mediterranean): 540, 548, 554, 561, 568, 575, 583, 589, 597, 603, 610, 618, 625, 631. g. Blue-greens/toned blue -greens (prohibited for Spanish Mediterranean): 638, 646, 653, 659, 667, 674, 681, 687, 695, 702, 709, 716, 722, 729, 736. h. Blues/blue-violets (prohibited for Spanish Mediterranean): 743, 750, 757, 764, 772, 778, 785, 794, 799, 808, 814, 820, 827, 836. i. Warm neutrals/beiges: 977, 985, 991, 997, 1006, 1012, 1019, 1026, 1033, 1040, 1047, 1054, 1061, 1069, 1075, 1082, 1089, 1096, 1102, 1110, 1116, 1123. j. Browns/red-browns: 1159, 1167, 1173, 1179, 1187, 1193, 1199, 1207, 1216, 1220, 1227, 1233, 1242, 1249, 1254. k. Reds/red-violets: 1262, 1269, 1276, 1283, 1290, 1296, 1303, 1310, 1318, 1324, 1332, 1338. 10 Violets/toned violets: 1380, 1387, 1394, 1401, 1408, 1415, 1422, 1429, 1436, 1443, 1450. M. Cool neutrals/toned gray -greens: 1459, 1466, 1473, 1480, 1486, 1494, 1501, 1509, 1517, 1523, 1531, 1537, 1543, 1551, 1558, 1564, 1571, 1578. n. Grays/blue-grays: 1586, 1592, 1599, 1605, 1613, 1620, 1627, 1634, 1641, 1648, 1654, 1662, 1668, 1676. (d) Accent. (1) Considerations. Sometimes it is important to highlight specific features of the home. Accent color should be chosen to provide contrast to isolated items such as shutters, doors, and/or awnings. Often these features may be included as trim, but if special attention is desired, the level of contrast can be increased. Contrast can be achieved by simply using a different hue or by changing the chroma and/or value. Accent colors should be used sparingly or they lose their effectiveness. (2) Definition. "Accent color" shall refer to the color application to any or all building accents such as exterior window coverings shutters, doors, and awnings. Accent colors are not subject to approved colors, but may not include all shades of purple, primary red (except front entrance doors), or fluorescent colors. Accent colors, if used, shall be consistent, uniform and uninterrupted. (e) Stain. In addition to paint, a designer or homeowner may choose to select stain as a color option. Stain should be used as a principal building color only if the building material is wood and it is appropriate with the architectural style. Stain may be used as trim and accent colors but not as the principal building color for Spanish Mediterranean and Gulf Stream -Bermuda homes. Stain should be reflective of earthtone colors. Darker colors are permissible to compensate for absorption and fading. Stains do not have to be compared to the approved color samples, but must be consistent with the community character of the town. (f) Required. Principal building color selected from the "approved color list" Trim colors selected from "approved trim color list" (g) Preferred. Principal building color representative of architectural style Trim color(s) and accent colors to be compatible with architectural style Trim color(s) to be consistent or complementary to principal building color 11 (h) Discouraged. Dark stains inconsistent with community character More than three colors (principal building and trim) Non-traditional accent colors—For example: deep orange, bright teal, mustard yellow, bright royal blue Principal building colors not representative of architectural style Trim color(s) and accent colors not compatible with architectural style Trim color(s) not consistent or complementary to principal building color (i) Prohibited. Non-earthtone stains Non -approved colors for principal buildings and trim Purples, red (except doors), fluorescent colors, and substantially bright colors (such as: magenta, lime green, bright pink, bright orange), as trim or accent Quoins painted a darker shade than the principal building color " Section 8. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 3, General Landscape Standards; at Section 70-148, Principles, to read as follows: "Sec. 70-148. - Principles. Because of this diversity, no particular style or technique is encouraged or discouraged overall. Landscape issues sheuldshall be addressed on a district level basis. Some underlying principles do apply to the town as a whole: (1) Required. Minimum landscaped open space of 40 percent of the lot area ( hardscape areas shall not count towards the 40 percent open space – see definition of hardscape). Irrigation shall be provided consistent with section 66-399 of this code. (2) Preferred. Consistency of neighborhood maintenance techniques Consistency of neighborhood plant material, scale, massing, and selection Controlled and planned use of exotics 12 Efficient irrigation Protection and enhancement of existing plant material Semi -pervious driveway material (Chattahoochee stone, pavers) Use of natives Xeriscaping techniques (3) Discouraged. Hedges over four feet if located within 15 feet of the ICWW or seaward of the 1978 CCCL IRyasi o Otic Spe o A,.. Gia speGies SGh•„ ,S t8-Phinth Large expanses of impervious driveway materials (4) Prohibited. Australian Pine (Casuarina spp.) except where permitted in North Ocean Boulevard Overlay District Brazilian Pepper (Schinus Terebinthefolius) Meleleuca (Meleleuca Quinquenervia) Old World Climbing Fern (Lygodium Microphyllum) Air Potato Vine (Dioscorea Bulbifera) Carrotwood (Cupaniopisis Anacardiodies) Earleaf Acacia (Acacia Auriculiformis) Schefflera (Schefflera actniophylla) Kudza (Peuraria Montana Var. Lobata) In Place Au Soleil, hedges over four feet if located within 15 feet of a canal as measured from the landward edge of the seawall cap. Any hedges currently existing which are in contravention of this provision shall be removed or brought into compliance no later than September 1, 2005. Chainlink fence unless concealed 100 percent by plant material Driveway materials using primary or bright, bold colors (red, blue, etc.) Painted driveways 13 Removal of any plant material within the right-of-way without town approval Removal of trees and palms (other than invasive exotics) over eight inches in caliper without town approval of a land clearing plan The use of synthetic or artificial plant material Tire strip driveways" Section 9. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 3, General Landscape Standards; to include a new Section 70-151, Applicability and Permitting, to read as follows: "Sec. 70-151. Applicability and permitting. The provisions of this division shall apply to all new development and redevelopment, as defined by section 58-76, within the Town. Property owners who revise or replace more than 25 percent of the existing landscaping shall comply with the requirements of this division and receive a landscaping permit from the Town." Section 10. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article V, Areawide Standards; Division 4, General Outdoor Lighting Standards; at Section 70-166, Purpose, Categories, to read as follows: "Sec. 70-166. - Purpose; categories. (a) Residential lighting serves an essential function. It assists in crime prevention and safety for both pedestrians and vehicles, and enhances the aesthetic value of properties at night. This visual appeal is accentuated by the proper selection and placement of lights. A separate landscape and/or security lighting permit is required for any such work. (b) Private, outdoor lighting in the town is classified under the general categories: (1) Security/safety lighting. (2) Accent/landscape lighting. Section 11. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article VI, District Standards; Section 70-187, Table of District Standards, at item 6, Fences, to read as follows: 14 Sec. 70-187. - Table of district standards. Districts Stream (Ocean West rth/South (Place au Soleil' core 6. FENCES (applicable to all fences located between the street and minor accessory setback line and for all fences visible from public and private roadways. The measurement of all fences referenced herein shall be from the lowest grade adjacent to the fence. 'Required All fences, with the exception of aluminum rail fencing, shall be screened from view, from any public or private roadway by landscaping. Pools 4 feet minimum ,Fences must be finished on both sides or screened ,Consistent with architectural style of house Preferred Low -open wood Low -open wood 'Consistent with 'Consistent with 'None :Intermittent or ',architectural architectural Low -open wood concealed by style style plant material Intermittent or concealed by plant material Discouraged' Solid (for Solid (for Fronting example, example, property stockade or stockade or Solid (for shadowbox) shadowbox) example, Unpainted Prohibited Over 4 feet Over 6 feet Over 8 feet !Fences less than 12 feet from Al r.o.w. line stockade or shadowbox) Unpainted 'Over 6 feet Over 4 feet PVC, plastic or vinyl 'Chainlink (unless concealed by plant material) Fences closer than 7.5 feet to the edge of street pavement Fences on rights-of-way or in visibility triangle 'As to Place Au Soleil, fences up to six feet in heioht shall be allowed aluminum plCKet fences wan a landscaped barrier located between the street and fence to be at least two feet at planting, and which will be maintained at a height not to exceed three feet Said fences shall not extend beyond the front of the building. Section 12. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article VII, Predominant Architectural Styles; Division 2, Spanish Mediterranean Revival Style, Section 70-218, Roofs, to read as follows: "Sec. 70-218. - Roofs. (d) Prohibited. Flat roofs visible over ten percent of total roof Gambrel roofs Glazed skylights on the streetside Mansard roofs Non-earthtone colored tile 15 Shingles Solar panels on the streetside Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory structures)' GRAPHICS Section 13. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 70, Gulf Stream Design Manual; Article VII, Predominant Architectural Styles; Division 3, Gulf Stream -Bermuda Style, Section 70-238, Roofs, to read as follows: "Sec. 70-238. - Roofs. (a) Required. Flat, white thru and thru, smooth, un -coated tile and gray slate tile may be permitted on homes that are predominately Georgian or British Colonial with Bermuda influences. Flat, gray thru and thru, un -coated tile, or tiles of similar slate -like titecolor may be permitted at the discretion of architectural review and planning board and town commission through the Level III review process, subject to the architectural review and planning board and the town commission making a determination that such alternatives are appropriate for the neighborhood. (b) Preferred. Combination hip/gable roofs Decorative capped chimney Exposed rafter tails Flashing, vent stacks, and pipes painted to match adjacent building surface Hip roof Low pitched roofs (6:12 slopes) Roof overhang (2-2'/z feet) Simple roof geometry emphasizing long horizontal lines White flat untextured tile (c) Discouraged. Dormers on single story houses Gable Pyramidal hip (often has too steep of slope) Very low pitched roofs (slope less than 5:12) (d) Prohibited. Barrel tiles Front gable except for entry features Gambrel Mansard Monolithic roof design where inadequate measures were taken to reduce massing and height of roof design Pan tiles Shed Shingles Tiles other than white flat untextured tiles or gray slate tiles IU Unnecessarily complex roof geometry Metal roofs (except unpainted copper when used as a decorative accent or on minor accessory structures)' Section 14. 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 15. 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 16. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 17. 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 8th day of January , 2016, and for a second and final reading on this 12th day of February 2016. ATTEST: n_ Clerk pAdom\13147\00001 \doc\1 m 58421. doc 17