Loading...
HomeMy Public PortalAbout0RD 90/01ORDINANCE NO. 90/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 83-1 OF THE TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE TOWN; PROVIDING AMENDMENTS TO SECTION IV DEFINITIONS SO AS TO ADD A NEW DEFINITION, LANDSCAPED OPEN SPACE; AMENDING THE DEFINITION OF LOT; AMENDING THE DEFINITION OF LOT COVERAGE; AMENDING THE DEFINITION OF SETBACK; AMENDING THE DEFINITION OF DWELLING, SINGLE FAMILY; AMENDING SECTION VI TITLED APPLICABILITY TO PROVIDE A NEW SUBSECTION D RELATING TO NON -CONFORMING RESIDENTIAL LOTS; AMENDING SECTION VII SO AS TO RESCIND A PORTION OF ITEM H THEREOF RELATING TO "MINIMUM SIZE OF BUILDING"; AMENDING ITEM I THEREOF RELATING TO BUILDING SITE AREA SO AS TO PROVIDE THAT LOT, YARD AND BULK REQUIREMENTS FOR LOTS OF LESS THAN 20,000 SQUARE FEET SHALL BE APPLIED; AMENDING ITEM J THEREOF RELATING TO FRONT YARD SO AS TO PROVIDE THAT PROPERTIES FRONTING ON OCEAN BOULEVARD SHALL BE SET BACK A DISTANCE OF SEVENTY-EIGHT FEET OR TWENTY-FIVE PERCENT OF THE LOT DEPTH; PROVIDING A NEW ITEM M TITLED LOT COVERAGE TO PROVIDE FOR TWENTY-FIVE PERCENT LOT COVERAGE FOR ONE AND TWO STORY HOUSES; PROVIDING A NEW ITEM N TITLED LANDSCAPED OPEN SPACE SO AS TO PROVIDE FOR A MINIMUM LANDSCAPED OPEN SPACE ON EACH LOT OF NOT LESS THAN FORTY PERCENT OF THE LOT AREA; PROVIDING A NEW ITEM 0 TITLED ROOF LIMITATIONS PROVIDING FOR A MAXIMUM TEN PERCENT SURFACE AREA WITH NO SLOPE; PROVIDING A NEW ITEM P TITLED SEAWALL HEIGHT PROVIDING FOR A MAXIMUM HEIGHT OF NEWLY CONSTRUCTED OR REPLACEMENT SEAWALLS ABUTTING THE INTRACOASTAL WATERWAY OF FIVE FEET ABOVE 0.0 N.G.V.D.; PROVIDING A NEW ITEM Q TITLED SPECIAL PROVISIONS RELATING TO LOTS OF LESS THAN 20,000 SQUARE FEET SO AS TO PROVIDE FOR A FRONT YARD OF LOTS OF LESS THAN 20,000 SQUARE FEET OF THIRTY FEET FOR A TWO STORY HOUSE AND TWENTY-FIVE FEET FOR A ONE STORY HOUSE, SIDE YARD SETBACKS OF FIFTEEN FEET, REAR YARD SETBACKS OF FIFTEEN FEET, LOT COVERAGE OF TWENTY-FIVE PERCENT, AND PROVIDING FOR THE METHOD OF CALCULATION OF LOT COVERAGE, PROVIDING FOR A MINIMUM LANDSCAPED AREA OF FORTY PERCENT AND PROVIDING FOR BUILDING HEIGHT OF TWENTY-FIVE FEET FOR ONE STORY BUILDINGS AND THIRTY-FIVE FEET FOR TWO STORY BUILDINGS; PROVIDING A NEW ITEM S.4 REQUIRING COMPLIANCE WITH THE STATE OF FLORIDA CCCL AND PALM BEACH COUNTY COASTAL CONSTRUCTION ORDINANCE; AMENDING SECTION VIII RM MULTIPLE FAMILY RESIDENTIAL DISTRICT AT PARAGRAPH L SO AS TO PROVIDE FOR A TOTAL LOT COVERAGE OF THIRTY PERCENT; AMENDING SECTION XIII, BOARD OF ADJUSTMENT, AT PARAGRAPH H SO AS TO PROVIDE THAT VARIANCES EXPIRE WITHIN TWELVE MONTHS FROM THE GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, after Public Hearings, pursuant to notice as required by law, the Town Commission does hereby find, determine and declare that the public health, safety, morals, and general welfare of the citizens of the Town of Gulf Stream require that the Zoning Ordinance, Number 83-1 of the Town of Gulf Stream, as amended, be further amended as hereinafter set forth. NOW, THEREFORE, be it ordained by the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, as follows: Section 1. Section IV of the aforesaid Ordinance titled "DEFINITIONS" is hereby amended as follows: (a) Add a new definition, Number 85-a. "Landscaped Open Space" to read as follows: "Open space which is covered and maintained with vegetation in a permeable soil." (b) Item Number 86 "Lot", is hereby amended as follows: "Lot - a parcel of land, vacant or occupied. For the purpose of this Chapter, the word "lot" shall be taken to mean any number of contiguous lots of record, or unplatted parcels of land, or portions thereof not separated by street or public way, upon which one or more principal structures for a single use are erected or are to be erected. When the lot is situated immediately adjacent to the ocean front, for the purpose of this Ordinance, the east lot line shall be the mean high water line. When the lot is situated immediately adjacent to the waters of the Intracoastal Waterway, the rear and side lot lines adjacent to the waterway, canal or cove shall be the mean high water line." (c) Item Number 88 "Lot Coverage", is hereby amended as follows: "Lot Coverage. That portion of the area of a lot, plot, or building site, expressed as a percentage, occupied by all buildings or structures which are roofed or are otherwise covered, exclusive of its eaves, and any portion of such building covered by a roof which qualified as open space or any covered terrace, balcony, breezeway or porch or portion thereof not included in the floor area of a building shall be included in lot coverage. For example, a lot containing twenty thousand (20,000) square feet has principal and accessory buildings planned or existing whose area is five thousand (5,000) square feet; thus lot coverage is twenty- five (25) percent. Unscreened patios or swimming pools shall not be considered in computing lot coverage. Screened in pools or patios shall be considered in computing lot coverage, but shall be computed as only fifty (50) percent of their actual coverage. For lots of less than twenty thousand (20,000) square feet see definition of lot coverage under Section VII, Item "Q", titled Special Provisions Relating to Lots of Less than Twenty Thousand Square Feet." (d) Item Number 134 "Setback", is hereby amended as follows: "Setback. The horizontal distance between the frontline, sideline, or rearline of the building site to the front, side or rear of the building or structure respectfully. Setbacks shall be measured perpendicular to and parallel E with property or right-of-way lines. For purposes of calculating setback distances, the beginning point of measurement shall be the wall of the building or structure unless the bay window, bow window, fireplace, chimney and/or eave extends greater than two and one-half feet (2 1/2') from the wall of the building or structure, in which case the edge of the bay window, bow window, fireplace, chimney and/or eave minus two and one-half feet (2 1/21) shall constitute the beginning point of measurement. For purposes of this provision, bay and/or bow windows are limited to one-third (1/3) of the length of the wall of the building or structure." (e) Item Number 62 "Dwelling Single Family", is hereby amended as follows: "Dwelling. Single Family. A building designed for or occupied exclusively by one family. A single family dwelling is limited to one kitchen unit." Section 2. Section VI titled "APPLICABILITY" is hereby amended as follows: (a) Amend Section VI "APPLICABILITY" by adding thereto a new subsection "D" to read as follows: "D. A residential structure may be constructed on any existing non conforming lot which existed prior to April 8, 1983, in any residential district if said lot is less than the minimum area required for building lots in the residential district in which it is located; provided, however, that the lot complies with all applicable provisions of this Ordinance; and provided further, that the owner of said lot does not own any adjacent vacant land which would create a conforming lot if said vacant lot were combined with the lot deficient in area." Section 3. Section VII of the aforesaid Ordinance titled "RS RESIDENTIAL SINGLE FAMILY DISTRICT" is hereby amended as follows: (a) Item H "MINIMUM SIZE OF BUILDING REQUIRED" is hereby amended by deleting Item 1 therefrom, thereby rescinding said provision and eliminating the need for a minimum floor area. All other provisions of Item H shall remain in full force and effect. (b) Item I "BUILDING SITE AREA REQUIRED" is hereby amended as follows: "I. Building Site Area Required The minimum net land area shall be one lot or parcel of land 20,000 square feet in area for each single family dwelling unit. Non conforming lots which existed prior to April 8, 1983, and which are less than the 20,000 square foot land area required may be built upon provided all other applicable requirements of this Ordinance are met." (c) Item J "FRONT YARD REQUIRED" is hereby amended as follows: "J. Front Yard Required There shall be a front yard not less than twenty-five feet (251) in depth or twenty-five percent (25%) of the lot depth, whichever is greater, and with a width of not less than one hundred feet (1001) fronting on a street, road or avenue. Notwithstanding these provisions, the set back distance along the AIA right-of-way shall be 01 either seventy-eight feet (781) from the center line of said right-of-way, or twenty-five percent (25%) of the lot depth." (d) Section VII is hereby amended by including a new Item M titled "LOT COVERAGE" to read as follows: "M. Lot Coverage Lot coverage for one and two story houses shall not exceed twenty-five percent (25$)." (e) Section VII is hereby amended by including a new Item N titled "LANDSCAPED OPEN SPACE" to read as follows: "N. Landscaped Open Space There shall be a minimum landscaped open space on each lot of not less than forty percent (40%) of the lot area." (f) Items M.1, M.2, N.1, N.2 and N.3 are renumbered R.1, R.2, 5.1, S.2 and S.3 respectively. (g) Section VII is hereby amended by including a new Item O titled "Roof Limitations" to read as follows: "O. Roof Limitations There shall be a maximum ten percent (10%) flat roof surface area (zero slope) for any structure, excluding unenclosed patios, porches and/or balconies. A flat roof is a roof with a pitch of less than three inches for every twelve inches of distance (i.e. 1:4 slope)." (h) Section VII is hereby amended by including a new Item P titled "Seawall Height" to read as follows: "P. Seawall Height The maximum allowable height of a newly constructed or replacement seawall abutting on the Intracoastal Waterway is five feet (51) above 0.0' N.G.V.D." (i) Section VII is hereby amended by including a new Item Q titled "SPECIAL PROVISIONS RELATING TO LOTS OF LESS THAN 20,000 SQUARE FEET" to read as follows: "Q. Special Provisions Relating to Lots of Less than 20,000 Square Feet. The following special provisions shall apply to existing lots of less than 20,000 square feet: 1. Front Yard Required Required front yard setbacks for lots less than 20,000 square feet shall be as follows: (a) Thirty feet (30') for a two story house; (b) Twenty-five feet (251) for a one story house. 2. Side Yard Setbacks Required Required side yard setbacks for lots less than 20,000 square feet shall be fifteen feet (15'). 3. Rear Yard Setbacks Required 4 3. Rear Yard Setbacks Required Required rear yard setbacks for lots less than 20,000 square feet shall be as follows: Fifteen feet (151) for either a one or two story house. 4. Lot Coverage Lot coverage shall not exceed twenty-five percent (25%) maximum. The percentage of lot coverage will be calculated as follows: That portion of the area of a lot, plot, or building site, expressed as a percentage, occupied by all buildings or structures which are roofed or are otherwise covered. Covered patios, porches and balconies shall not be calculated in determining lot coverage. For purposes of this provision, the covered patio, porch and/or balcony shall not be enclosed. Unscreened patios or swimming pools shall not be considered in computing lot coverage. Screened in pools or patios shall be considered in computing lot coverage, but shall be computed as only fifty (50) percent of their actual coverage. 5. Minimum Landscape Area (a) Landscaped open space shall not be less than forty percent (40%) of the lot area. 6. Building Height (a) One story buildings shall be no greater than twenty-five (251) in height; (b) Two story buildings shall be no greater than thirty-five feet (35') in height. 7. All other provisions relating to the residential single family district incorporated within this Section are applicable to lots of less than 20,000 square feet if not in conflict with the provisions set forth in this Item Q." (j) Item S.4 is added as follows: "Tracts of land fronting on Ocean Boulevard or the Atlantic Ocean shall be in conformance with all the provisions of the Palm Beach County Coastal Construction and Excavation Set Back Ordinance and the Construction Control Line established by the State of Florida, which Ordinances or their successors shall prevail in the absence of a conflicting Town ordinance." Section 4. Section VIII, RM MULTIPLE -FAMILY RESIDENTIAL DISTRICT, is hereby amended at Paragraph L titled "MAXIMUM PERMITTED LOT COVERAGE" to read as follows: "L. Maximum Permitted Lot Coverage The total lot coverage of all buildings and structures shall not exceed thirty percent (30%) of the lot." Section 5. Section XIII, BOARD OF ADJUSTMENT, is hereby amended at Paragraph H titled "TIME LIMITATION" to read as follows: "H. Time Limitation The Board of Adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. However, if no time limit is specified by the Board, then the variance shall expire within twelve (12) months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the aforesaid twelve (12) month period and construction has begun thereunder." Section 6. 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 that end the provisions of this Ordinance are hereby declared severable. Section 7. This Ordinance shall be codified and made a part of the Official Zoning Ordinance of the Town of Gulf Stream, Palm Beach County, Florida. Section 8. 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 7th day of January , 1991, and for a second and final reading on this 21st day of anu r , 1991. I � TOWN OMMISSION ATTT: Town Clerk JCR\13147-01\ZONING.ORD 1\8\91