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Home My Public Portal AboutORD 91/23ORDINANCE NO. 91/23 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 83-1 OF THE TOWN OF GULF STREAM, AS AMENDED, THE OFFICIAL ZONING ORDINANCE OF THE TOWN; AMENDING SECTION IV, DEFINITIONS, TO PROVIDE A DEFINITION OF FLOOR AREA RATIO; PROVIDING AMENDMENTS TO SECTION VII RELATING TO THE RS RESIDENTIAL SINGLE FAMILY ZONING DISTRICT; AMENDING THE BUILDING OR STRUCTURAL HEIGHT LIMIT; AMENDING THE SETBACK REQUIREMENTS FOR FRONT YARDS; AMENDING THE SETBACK REQUIREMENTS FOR SIDE YARDS; AMENDING THE SETBACK REQUIREMENTS FOR REAR YARDS; AMENDING THE PROVISIONS RELATING TO MAXIMUM LOT COVERAGE; PROVIDING FOR A MAXIMUM FLOOR AREA RATIO; AMENDING SECTION X AT ITEM F SO AS TO PROVIDE ON LOTS OF LESS THAN 20,000 SQUARE FEET A GARAGE MAY FACE THE PUBLIC STREET; AMENDING SECTION X AT ITEM M RELATING TO SITE PLAN REVIEW; PROVIDING FOR COMPLIANCE WITH THE TOWN'S COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, after public hearings, pursuant to notice as required by law, the Town Commission of the Town of Gulf Stream 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, Ordinance No. 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: Add a new definition, Number 74-A, "Floor Area Ratio", to read as follows: "Floor Area Ratio (FAR). A measure of land use intensity, expressing the mathematical relationship between the floor area of a building and the unit of land. It is arrived at by dividing the gross floor area of all buildings (exterior dimensions) on a lot by the gross area of that lot. The gross floor area shall be measured by using the exterior dimensions used for purposes of computing lot coverage as applicable in the relevant zoning district. Section 2. Section VII of the aforesaid Ordinance, titled "RS Residential Single -Family District", is hereby amended as follows: A. Item G, "Building or Structure Height Limit", is hereby amended to read as follows: 1 "G. Building or Structure Height Limit. 1. Buildings or structures located on non -ocean front lots shall not exceed 30 feet in height, excluding chimneys, and shall not exceed two and one-half (2-1/2) stories. 2. Buildings or structures located on lots fronting on the Atlantic Ocean shall not exceed 35 feet in height, including chimneys and shall not exceed two and one-half stories. 3. Building or structure height shall be measured from the top of the finished first floor elevation." B. Item J, "Front Yard Required", is hereby amended to read as follows: "J. Front Yard Required. 1. For lots of 20,000 square feet and greater, there shall be a front yard of not less than 25 feet or 25 percent of lot depth, whichever is greater, for structures up to 22 feet in height. For portions of structures exceeding 22 feet in height, one additional foot of setback shall be provided for each foot in height exceeding 22 feet up to a maximum of 30 feet in height, excluding chimneys. (For lots fronting on the Atlantic Ocean, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 35 feet, including chimneys.) For lots of less than 20,000 square feet, there shall be a front yard of not less than 25 feet for structures up to 22 feet in height. For portions of structures exceeding 22 feet in height, one additional foot of setback shall be provided for each foot in height exceeding 22 feet up to a maximum of 30 feet in height, excluding chimneys. (For lots fronting on the Atlantic Ocean, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 35 feet, including chimneys.) C. Item K, "Side Yard Required", is hereby amended to read as follows: "K. Side Yard Required. 1. For lots of 20,000 square feet and greater there shall be side yards of not less than 15 feet or 15 percent of the lot width, whichever is greater, for structures up to 22 feet in height. For portions of structures greater than 22 feet in height, one additional foot of setback shall be provided for each foot in height exceeding 22 feet up to a maximum of 30 feet in height, excluding chimneys. (For lots fronting on the Atlantic Ocean, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 35 feet, including chimneys.) 2. For lots of less than 20,000 square feet, there shall be side yards of not less than 15 feet for structures up to 22 feet in height. For portions of structures greater than 22 feet in height, one additional foot of setback shall be provided for each foot in height exceeding 22 feet up to a maximum of 30 feet in height, excluding chimneys. (For lots fronting on the Atlantic ocean, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 35 feet, including chimneys.)" D. Item L, "Rear Yard Required", is hereby amended to read as follows: "L. Rear Yard Required. 1. For lots of 20,000 square feet and greater there shall be a rear yard of not less than 15 feet or 15 percent of lot depth, whichever is greater, for structures up to 22 feet in height. For portions of structures greater than 22 feet in height, one additional foot of setback shall be provided for each foot in height exceeding 22 feet in height up to a maximum of 30 feet in height excluding chimneys. (For lots fronting on the Atlantic Ocean, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 35 feet, including chimneys.) 2. For lots of less than 20,000 square feet the minimum rear yard required shall be 15 feet for structures up to 22 feet in height. For portions of structures exceeding 22 feet in height, one additional foot of setback shall be provided for each foot in height exceeding 22 feet up to a maximum of 30 feet in height, excluding chimneys. (For lots fronting on the Atlantic Ocean, one additional foot of setback shall be provided for each foot in height over 22 feet up to a maximum of 35 feet, including chimneys.)" E. Item M, "Lot Coverage", is hereby amended to read as follows: "M. Lot Coverage and Floor Area Ratio. 1. The maximum lot coverage for one and two story structures shall not exceed 25 percent of the entire lot area. For lots fronting the Atlantic Ocean, the lot coverage shall not exceed 25 percent of the lot area landward of the Coastal Construction Control Line in effect in 1979. 2. The floor area ratio for structures shall not be in excess of 0.33 of the entire lot area. For lots fronting the Atlantic Ocean, the maximum floor area ratio shall not be in excess of 0.33 of the lot area landward of the Coastal Construction Control Line in effect in 1979." 3 F. Item Q, "Special Provisions Relating to Lots of Less than 20,000 Square Feet", is hereby rescinded. Section 3. Section X of the aforesaid Ordinance, titled "General Provisions", is hereby amended as follows: A. Item F, "Garages, Storage Facilities, Etc.", Paragraph 2, is hereby amended to read as follows: "F. Garages, Storage Facilities, Etc. 2. All approved garage, storage or similar facilities shall meet all yard requirement setbacks of the district in which the property is located and shall be located in such a manner so as not to face any public street or roadway, or shall be adequately screened or buffered so as not to be visible from any public street or roadway. However, for lots of less than 20,000 square feet, garages shall be permitted to face the street without screening." B. Item M, "Site Plan Review; Prerequisite to Building Permit Issuance", Paragraph 1, "Site Plan Review," is hereby amended to read as follows: 111. Site Plan Review. By the terms of this ordinance, the following shall require site plan review: a. All new primary structures; b. All accessory structures greater than 150 square feet; C. Expansion of existing structures by greater than 5% of the total square footage or building footprint; d. Demolition of primary structures by greater than 5% of the total square footage or building footprint; e. Changes in exterior wall, roofing, window or door materials or combination thereof which require a building permit and which are significantly different in color, texture or appearance, or 10% or greater of the total surface area of an elevation, or 20% or greater of the entire exterior surface area; f. Increases of 10% or greater of the total unroofed impervious surface area; g. All boatlifts, davits and docks; h. All other development proposals which, in the opinion of the Town Manager, warrant site plan review due to the development's potential impact; i. Variances; and 4 j. Special exceptions." C. Item M, "Site Plan Review; Prerequisite to Building Permit ", Paragraph 4, "Application Process", is hereby amended at paragraphs a and b to read as follows: "4. Application Process. Applications for site plan review shall adhere to the following procedures and requirements: a. Review by the Building Administrator or other Town designee and Architectural Review and Planning Board. The Building Administrator or designee shall review the submitted site plan, and plans and requirements appurtenant to the site plan, to insure compliance with the applicable site, use and regulations, and all other technical requirements. If the application is deemed to be at variance with such regulations and requirements by the Building Administrator or designee, and/or requires the approval of a special exception, further action on the site plan review shall be stayed until such variance or special exception is resolved. If the application is deemed by the Building Administrator or designee to be complete and in compliance with such regulations and requirements, the application and all exhibits, together with the reports of the Building Administrator or designee concerning such compliance, shall be submitted to the Architectural Review and Planning Board for their review and recommendation to the Town Commission within forty-five (45) days from the date the application was deemed complete by the Building Administrator or designee. b. Review by Town Commission. Within sixty (60) days of receipt of the application from the Architectural Review and Planning Board, the Town Commission shall review, consider and act upon said application. Before any site plan and plans and requirements appurtenant to the site plan shall be approved, approved with changes, or denied, the Town Commission shall make a finding that the approval of the application will or will not adversely affect the public interest, and certify that the specific zoning requirements governing the individual use have or have not been met and that, further, satisfactory provisions and arrangements have or have not been made concerning the following review standards, where applicable:" The remaining paragraphs 1 through 14 of paragraph b shall remain unchanged. Section 4. Consistency With Comprehensive Plan. All of the modifications and amendments included herein are consistent with the adopted Comprehensive Plan of the Town of Gulf Stream. Section 5. 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 6. 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 7. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 8. 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 October, 1991, and for a second and final reading on this 21st day of October , 1991. ATTES / t,X% / TOWN CLERK k — JCR\13147-01\20NING91.0RD 9\19\91 Cy TOWN COMMISSION