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
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