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HomeMy Public PortalAboutORD 74/03,/­� ORDINANCE NO. 74-3 AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING THE ZONING ORDINANCE, ORDINANCE 108 AS AMENDED, OF THE TOWN OF GULF STREAM, FLORIDA BY INCLUDING IN THE DEFINITIONS THEREIN THE WORD "DENSITY"; BY AMENDING SECTION III -C, RESIDENCE DISTRICT "A", MINIMUM SIZE OF BUILDING REQUIRED; BY AMENDING SECTION IV -A (4), APARTMENT AND RESIDENCE DISTRICT "C", PARKING REGULATIONS; AMENDING BY ADDITION TO SECTION IV, PARAGRAPH I MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA AND J ACCESSORY BUILDING REQUIREMENTS, HEREBY REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the Town of Gulf Stream has been extensively and substantially developed since the passage of the Town's original Zoning Ordinance; and WHEREAS, the extent and scope of such development, if continued, could impair the health, safety and welfare of the residents of the Town of Gulf Stream unless limitations are established on growth and population density; and WHEREAS, the Town Commission desires to insure that future development does not continue at a rate which could endanger the health, safety and welfare of the residents of the Town of Gulf Stream; and WHEREAS, the adoption of this Ordinance will protect the health, welfare and safety of the residents of the Town; and WHEREAS, the Planning Board of the Town of Gulf Stream, Florida, has recommended the Amendment of the definitions, and Section III and IV of Zoning Ordinance 108 of the Town of Gulf Stream, Florida, said Sections entitled, Section III, Residence District "A", and Section IV, Apartment and Residence "C"; and WHEREAS, the above proposal was submitted to the Town sitting as a Zoning Commission; and WHEREAS, at least twenty-one (21) days Notice of a Public Hearing was properly given, and WHEREAS, written notice to owners of property within five hundred (500') feet of the proposed districts has been properly given; and WHEREAS, all of the other requirements of Section XII entitled "Changes and Amendments" of the Zoning Ordinance of the Town of Gulf Stream, Florida, have been complied with; and WHEREAS, the Town Commission has held a Public Hearing with due Public Notice as required by law to consider this Amendment; and WHEREAS, the Town Commission has determined that the Amendments proposed are in accord with the Zoning Ordinance in General and sound Zoning practices and will serve to promote the purpose of zoning set forth in the Town Zoning Ordinance; and WHEREAS, all of the requirements of Chapter 176, Florida Statutes "1971" and of the Zoning Ordinance of the Town of Gulf Stream, Florida, with regard to the Amendment of said Ordinances have been met; now, therefore, BE IT ORDAINED by the Town Commission of the Town of Gulf Stream, Florida, as follows: Section 1: The Definitions in the Ordinance shall be Amended by adding: "DENSITY" - In the Apartment and Residence District "C" density is the ration of the number of units in relation to the area included within the property lines. Section 2: That Section III -A "C", regarding residence district A, minimum size of building required, of the Zoning Ordinance of the Town of Gulf Stream, Florida, be and the same hereby is amended to read as follows: SECTION III RESIDENCE DISTRICT "A" C. Minimum Size of Building Required 1. No main residence building shall be constructed or 2 allowed with less than 2,400 square feet aggregate floor area. The minimum aggregate floor area is the total floor area of a building, exclusive of terrace and unroofed areas, including 25 per cent of attached garages, carports and screened porches. Screen top patios are considered unroofed areas. An accessory structure including but not limited to cabanas, unattached garages, gazebos, shall be located on the same lot or parcel of land as that of the main residence building. In the event of contiguous lots or parcels, a unit of title shall be recorded prior to issuance of a building permit for either a main residence building which would cross lot lines or an accessory structure. Section 3: That Section IV, A, F and H regarding Apartment and Residence District "C", Uses Permitted, Building Site Area, and Parking Regulations is amended and I and J as added respectively, Maximum Permitted Ground Floor Building Area, and Accessory Building Requirements, of the Zoning Ordinance of the Town of Gulf Stream, Florida, be and the same hereby are amended to read as follows: SECTION IV APARTMENT AND RESIDENCE DISTRICT "C" A. Uses Permitted 1. Any use permitted in the Residence "A" District. 2. Apartment houses. 3. Clubs for social, recreational, fraternal and benevolent purposes. 4. Accessory buildings or structures and uses customarily incident to any of the above uses, including private garage for motor vehicles when located on the same lot or parcel of land either by plat or a recorded unity of title, and not the conduct of a business. F. Building Site Area 1. The minimum building site area shall be one lot or parcel of land 10,000 square feet in area for one or two dwelling units and for each one -family (single) dwelling. For each additional unit in an apartment building with more than two units, 4,200 square feet shall be added to the minimum lot size of 10,000 square feet. 2. The minimum lot dimensions comprising the building site area shall be as follows: (a) front, 60 feet (b) width, 60 feet (c) depth, 100 feet (d) area (square feet) 10,000 square feet 3 3. Exceptions: (a) On curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty (40) per cent provided that the center line radius of the adjacent public street is one hundred (100) feet or less. (b) On lots or parcels of record, the frontages of which do not meet the required minimum of sixty (60) feet and are not less than fifty (50) feet but contain the minimum lot area, two dwelling units shall be permitted and side yards shall be as pro- vided for in the Residence District "A" Zone. 4. Minimum Floor Area Requirements: The following shall be the minimum floor areas for all multiple family structures expressed as net living area, exclusive of porches, balconies, decks and common areas such as corridors: (1) One Bedroom Apartment 700 square feet (2) Two Bedroom Apartment 900 square feet (3) Three Bedroom Apartment 1,250 square feet (4) Four Bedroom Apartment 1,350 square feet 5. A minimum of two (2) bathrooms is required in four bedroom multiple family dwelling units. 6. Special Exceptions: Single family residences will be permitted to observe the setbacks set forth for the Residential "A" District. H. Parking Regulations 1. where a lot is occupied by a multiple dwelling (apartment), there shall be provided accessible parking space on the lot or land parcel, either garage or surfaced area, adequate to accommodate two and one- fourth (24) cars for each one (1) dwelling unit in apartments. I. Maximum Permitted Ground Floor Building Area 1. The total ground floor building area of all build- ings and structures shall not exceed forty (40) per cent of the total lot area. J. Accessory Building Requirements 1. For all accessory structures, the following require- ments shall be observed: (a) All Accessory Buildings shall observe the same setbacks required for the principal structure(s). (b) No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed. Section 4: All ordinances or parts of ordinances in in conflict herewith, be and the same are hereby repealed. Section 5: This ordinance shall take effect ninety (90) days following its adoption. 1974. PASSED ON FIRST READING this 8th day ofFebru n PASSED AND ADOPTED in special session assembled this 12th day of TOWN CLERK TOWN COMMISSION TOWN OMMISSION ZJIU ,/ �, TOWN COMM SSION L�