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HomeMy Public PortalAboutORD 91/01ORDINANCE NO. 91/1 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AMENDING ORDINANCE NO. 83-1 OF THE TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE TOWN, BY ADDING SECTION XXII ("CONS" CONSERVATION DISTRICT"), AND SECTION XXIII ("P" PUBLIC FACILITIES DISTRICT), PROVIDING FOR PERMITTED AND ACCESSORY USES; PROVIDING FOR SPECIAL EXCEPTIONS; PROVIDING FOR PARKING REGULATIONS; PROVIDING FOR BUILDING OR STRUCTURE HEIGHT LIMITS; PROVIDING FOR YARD REQUIREMENTS; PROVIDING REQUIREMENTS FOR WALLS, FENCES AND HEDGES; PROVIDING FOR ACCESSORY BUILDING REQUIREMENTS; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE TOWN BE AMENDED SO AS TO DELINEATE THE ZONING DISTRICTS REFERENCED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. That the Zoning Ordinance of the Town of Gulf Stream, Florida, Ordinance No. 83-1, as amended, is hereby amended by adding a section to be numbered Section XXII, which said section shall read as follows: "SECTION XXII - "CONS" CONSERVATION DISTRICT A. Purpose of District. 1. The purpose and intent of the Conservation District is to implement the Conservation Future Land Use designation of the Town's Comprehensive Plan by identifying and protecting areas of the Town that exhibit unique environmental and locational characteristics. It is intended that this District shall not be a holding category, but rather that it be a terminal District in order to ensure that the present and future residents of the Town shall be able to enjoy 1 the benefits of the natural environment of the Town. B. Permitted Uses. None C. Accessory Uses. None D. Special Exceptions. 1. Open space devoted to the conservation and maintenance of natural waterways, vegetation, and wild life. E. Prohibited Uses. 1. Any use not specifically permitted." Section 2. That the Zoning Ordinance of the Town of Gulf Stream, Florida, Ordinance No. 83-1, as amended, is hereby amended by adding a section to be numbered Section XXIII, which said section shall read as follows: "SECTION XXIII - "P", PUBLIC FACILITIES DISTRICT A. Purpose of District. 1. The purpose and intent of this District is to identify and designate areas for public utility activities, and facilities that serve and are used directly by the public necessary for the normal conduct of the Town's activities. B. Permitted Uses. 1. Town Hall. 2. Police and fire stations. 3. Libraries and information centers. 4. U.S. Postal services and facilities. 5. Museums and art galleries. 6. Public administration facilities. 7. Electric, gas, and sanitary services. 8. Cemeteries. 9. Cable television services. 10. Historic and monument sites. 11. Schools. 2 C. Accessory Uses. 1. Parking facilities. 2. Other uses directly related to the permitted use and approved by the Building Department. D. Special Exceptions. 1. Temporary use of a construction trailer, as a temporary accessory use only during construction or pre -construction phases. Said temporary use shall be permitted only by approval of the Town Commission for a period twelve (12) of months, with renewable terms, shall not exceed five hundred (500) square feet, and shall be removed prior to the issuance of a certificate of occupancy for the development or construction upon which the temporary use is located. E. Prohibited Uses. 1. Any use not specifically permitted. F. Parking Regulations. 1. Office uses - one space for each three hundred (300) square feet of gross floor space, plus one space for each occupant or employee. 2. Art galleries, libraries, museums, or similar use - one space for each six hundred (600) square feet of gross floor area. 3. Elementary and junior high schools - Two (2) spaces for each classroom, office room, and kitchen. 4. Other uses - one space for each three (3) persons of maximum capacity of the facility as determined by its fire occupancy rating. G. Building or Structure Height Limit. 1. No new building shall exceed two and one-half (2 1/2) stories or a maximum building height of thirty-five (351) feet in height overall; 191 51 however, any existing building may be altered and repaired from time to time as shall be necessary for the effective operation and maintenance of such building. Said height shall be measured from the point of first floor base flood elevation. H. Front Yard Required. 1. There shall be a front yard of not less than fifty (501) feet in depth. On corner lots, both sides of the lot facing the street shall be deemed front yards. Notwithstanding these provisions, the setback distance along the AlA right-of-way shall be at least seventy-eight (781) feet from the centerline of said right- of-way. 2. Construction in ocean front areas of the Town must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excavation Setback Ordinance" (Ordinance No. 72-12) and the Coastal Construction Control Line established by the State of Florida Bureau of Beaches and Shores, which ordinance or its successor shall prevail in the absence of a conflicting Town ordinance. I. Side Yard Required. 1. There shall be side yards of not less than twenty-five (251) feet or twenty-five (25%) percent 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 51 VA K facing a street shall, for the purpose of determining setbacks, 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 setbacks along said street. Rear Yard Required. 1. There shall be a rear yard of at least twenty- five (251) feet. Walls, Fences, and Hedges. 1. All walls or fences outside of building lines of the property shall not be over eight (81) feet in height. No height limitation is placed on hedges. However, in the event that a wall, fence, or hedge is erected or located on a corner lot, a vehicular and pedestrian visibility triangle shall be provided for a minimum distance of ten (101) feet in both directions from the intersecting corner point of property lines. The maximum height of any wall, fence, or hedge within said visibility triangle shall be two and one-half (2 1/21) feet. 2. For the purpose of preserving and maximizing waterfront views from all properties or lots within the Town which abut the Atlantic ocean; the Intracoastal Waterway, any canal, cove, or other similar waterbody, a fence, hedge, or wall placed or erected along any side property line shall not exceed four (41) feet in height within the established setback area which immediately abuts and is parallel to said waterbody. 9 L. Accessory Building Requirements. 1. All accessory structures shall observe the same setbacks required for the principal structure(s). 2. No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed." Section 3. The official zoning of the map of the Town is hereby amended so to delineate the zoning districts defined herein. Section 4. 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 5. 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 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 0 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 January , 1991. ATTEST: R�- 1� 1)L' -q 2" � — TOWN CLERK PAM\13147-01\CONSERVA.ORD 1\0\91 7 �LLLIX C e-'