HomeMy Public PortalAboutORD 91/12ORDINANCE NO. 91/12
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING THE OFFICIAL ZONING
ORDINANCE OF THE TOWN, ORDINANCE NO. 83-1, AS
AMENDED, BY AMENDING SECTION XIV OF THE ZONING
CODE RELATING TO TOWN PLANNING BOARD; CHANGING
THE NAME OF SAID BOARD TO ARCHITECTURAL REVIEW
AND PLANNING BOARD; PROVIDING FOR COMPOSITION
OF THE COMMISSION, COMPENSATION,
QUALIFICATIONS, TERM, REMOVAL AND RULES;
PROVIDING FOR POWERS AND DUTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The official Zoning Ordinance of the Town of
Gulf Stream, Ordinance No. 83-1, as amended, is hereby amended at
Section XIV of the Zoning Code relating to Town Planning Board as
follows:
"SECTION XIV - ARCHITECTURAL REVIEW AND PLANNING BOARD
A. Created; Composition; Compensation; Qualifications;
Term; Removal; Rules.
1. There is hereby created an Architectural
Review and Planning Board which shall be
composed of five (5) members, who shall serve
without compensation, all of whom, except the
member who is an architect, shall be permanent
residents of the Town of Gulf Stream. At
least one (1) of the regular members of the
Commission shall be a registered architect,
active or retired, in the State of Florida.
The members of the Architectural Review and
Planning Board shall be appointed by the Town
Commission and each member shall serve for a
term of three (3) years. Members of the
Architectural Review and Planning Board serve
at the pleasure of the Town Commission and may
be removed from office by the Town Commission
for any reason, without cause. The
Architectural Review and Planning Board shall
have power to adopt its own rules of
procedure, and to make regulations for the
submission to it of all matters within its
jurisdiction. Three (3) members of the
Commission shall be sufficient to constitute a
quorum for the transaction of business, but a
smaller number may adjourn from time to time.
2. Alternate Members of Commission. The Town
Commission may in its discretion appoint two
alternate members of the Architectural Review
and Planning Board who shall serve when called
upon by the Chairman of the Commission in the
absence of any regular Commissioner.
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B. Powers and Duties.
1. The powers and duties of the Architectural
Review and Planning Board shall be advisory to
the Town Commission and no right or claim in
favor of any person or party to any proceeding
shall accrue by reason of any action of the
Architectural Review and Planning Board.
2. The Architectural Review and Planning Board
shall review and report to the Town Commission
regarding any applications for special
exceptions, variances, building permits, site
plan reviews, subdivisions, rezonings,
proposed ordinance changes or amendments,
matters relating to the comprehensive plan and
matters relating to the general area of town
planning and the needs of the Town in
connection therewith as provided for herein or
through referral by the Town Commission. In
addition thereto, the Architectural Review and
Planning Board shall serve as an architectural
review commission using the criteria set forth
herein. In its review, the Architectural
Review and Planning Board shall give
consideration to the following factors:
a. Review considerations regarding special
exceptions, variances, building permits,
site plan reviews, subdivisions and
rezonings.
1. The relationship of the proposal to
the purposes and objectives of the
Town's Comprehensive Plan and to the
adopted Land Use Plan, with
appropriate consideration as to
whether or not the proposed change
will further the purposes of this
and other codes, regulations, and
actions designed to implement the
adopted Land Use Plan.
2. Whether the proposal is or is not
contrary to the established land use
pattern.
3. Whether the proposal would or would
not alter the population density
pattern and thereby adversely impact
public facilities such as utilities,
streets and the like.
4. In addition to (1) through (3)
above, the following factors shall
be considered for proposed zoning
amendments:
(a) Whether the existing district
boundaries are logically drawn
in relation to existing
conditions on the property
proposed for change.
(b) Whether changed or changing
conditions make the adoption of
the proposed amendment
necessary.
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(c) Whether or not the change
suggested is out of scale with
the needs of the neighborhood
or the Town.
(d) Whether or not the proposed
zone change will be likely to
have an adverse effect on the
existing natural environment
and property values in the
neighborhood.
5. In regard to applications for
variances and special exceptions,
the Architectural Review and
Planning Board shall apply the same
criteria to be applied by the Town
Commission as set forth in this
Zoning Code.
b. Architectural Review. In reviewing
applications for building permits, the
Architectural Review and Planning Board
may recommend approval, approval with
conditions, or disapproval of the
issuance of the building permit after
consideration of whether the following
criteria are complied with:
1. The plan for the proposed building
or structure is in conformity with
good taste, good design, and in
general contributes to the image of
Gulf Stream as a place of beauty,
spaciousness, balance, taste,
fitness, charm and high quality.
2. The proposed building or structure
is not in its exterior design and
appearance, of inferior quality such
as to cause the nature of the local
environment to materially depreciate
in appearance and value.
3. The proposed building or structure
is in harmony with the proposed
developments on land in the general
area, with the Comprehensive Plan
for Gulf Stream, and with any
precise plans adopted pursuant to
the Comprehensive Plan.
4. The proposed building or structure
is not excessively similar to any
other structure existing or for
which a permit has been issued or to
any other structure included in the
same permit application, facing upon
the same or intersecting public or
private way and within two hundred
(200) feet of the proposed site in
respect to one or more of the
following features of exterior
design and appearance:
(a) Apparently visible identical
front or side elevations,
(b) Substantially identical size
and arrangement of either
H
doors, windows, porticos or
other openings or breaks in the
elevation facing the street,
including reverse arrangement,
or
(c) Other significant identical
features of design such as, but
not limited to, materials, roof
line and height or other design
elements.
The proposed building or structure
is not visibly excessively
dissimilar in relation to any other
structures existing or for which a
permit has been issued or to any
other structures included in the
same permit application in respect
to one or more of the following
features:
(a) Cubical contents,
(b) Gross floor area,
(c) Height of building or height of
roof, or
(d) Other significant design
features such as materials,
color or quality of
architectural design.
6. The proposed building or structure
is appropriate in relation to the
established character of other
structures in the immediate area or
neighboring areas with respect to
significant design features such as
material, color or quality or
architectural design as viewed from
any public or private way.
7. The proposed development is in
conformity with the standards of
this code and other applicable
ordinances insofar as the location
and appearance of the buildings and
structures are involved.
The project's location and design
adequately protects unique site
characteristics such as those
related to scenic views, rock
outcroppings, natural vistas,
waterways and similar features.
3. On its own initiative, the Architectural
Review and Planning Board may procure
information and other data including, but not
limited to, scale models and photographs of
other structures within 1,000 feet of the
applicant's property, and make recommendations
to the Town Commission with regard to any of
the matters referenced herein, and may further
convey to the Town Commission any suggestion
or complaints relating thereto submitted to
them by any resident of the Town in regard to
all matters pertaining to their jurisdiction.
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The Town Commission may take such action as it
may deem fit with respect to the
recommendations of the Architectural Review
and Planning Board. Review by the Town
Commission shall use the same criteria as set
forth herein in addition to other criteria
established in other sections of this code.
4. In the conduct of any investigation of any
matter referred to it by the Town commission,
or in regard to other matters relating to its
jurisdiction, the Architectural Review and
Planning Board shall be authorized to require
submission to it of the same documentation,
evidence and other information as the Town
Commission might require if acting directly on
the matter.
C. Review of Proposed Zoning Amendments.
1. In regard to proposed amendments to the Town's
Zoning Ordinance, or Zoning Map, the
Architectural Review and Planning Board shall
review and make recommendations to the Town
Commission within forty-five (45) days of a
proposed amendment being submitted to the
Town. If a recommendation is not made within
the time provided, then the Town Commission
may act on the petition without hearing by the
Architectural Review and Planning Board."
Section 2. Any and all references in the Town Zoning
Ordinance relating to the Town Planning Board shall be amended so
as to reference the Architectural Review and Planning Board.
Section 3. The Zoning Ordinance is hereby amended to
provide that the Town Commission shall be designated as the local
planning agency. In accordance with Chapter 163.3161, Florida
Statutes, any proposed land development code, land development
regulation or amendment thereto shall be considered by the Town
Commission serving as the local planning agency. Said Commission
shall review and make recommendations as to the relationship of
proposal to the adopted Gulf Stream Comprehensive Development Plan.
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.
G�
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.
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 this2lst day of January , 1991.
ATTEST:
TOWN CLE
JCR\13147-01\ARCHREV.ORD
1\8\91
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COMMISSIONTOWN ,