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
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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.
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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;
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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
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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.
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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.
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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
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