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HomeMy Public PortalAboutORD 91/24NO. 91/24 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 DEFINITIONS OF DOCK AND DOLPHIN; PROVIDING AMENDMENTS TO SECTION IV RELATING TO RESIDENTIAL SINGLE FAMILY DISTRICT; AMENDING ACCESSORY USES; AMENDING SECTION X AT ITEM I RELATING TO RESIDENTIAL OUTDOOR FACILITY REGULATIONS TO INCLUDE DOCKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; 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. Ordinance No. 83-1, as amended, the Official Zoning Ordinance of the Town of Gulf Stream, is hereby amended at Section IV, relating to definitions, to add the following definitions: "Dock. An accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use." "Dolphin. A freestanding post, pillar, piling, stake or groups thereof banded together used for the purpose of berthing boats or water vessels." Section 2. Ordinance No. 83-1, as amended, is amended at Section IV, "RS Residential Single Family District", at subparagraph C, "Accessory Uses", to read as follows: "C. Accessory Uses. 1. Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, utility building, gazebos, guest houses, docks and any other similar uses." Section 3. Ordinance No. 83-1, as amended, is amended at Section X, "General Provisions", Item I, "Residential Outdoor Recreation Facility Regulations", to include a new subparagraph 3, to read as follows: "3. Docks. In the residential single family district "RS", one dock per lot of record shall be permitted in accordance with the following: a. Site plan review required. All new docks and significant alterations to existing docks shall require site plan review and approval. 1 b. Permitted as accessory use. Docks shall be permitted only as an accessory use to single family dwellings for the exclusive use of the dwelling's occupants (residents and non- resident members of the occupant's family and resident guests at the dwelling). Docks shall not be permitted on vacant lots unless the vacant lot is adjacent to a developed lot under the same ownership and a unity of title has been recorded. C. Prohibited uses. Dockage of commercial vessels or rental of dock space exclusive of the dwelling and property shall be prohibited. d. Docking allowed parallel to seawall only. Docking of vessels shall be permitted in a manner so that the vessel is docked parallel to the seawall. Docking in any other manner is prohibited. e. Ancillary structures permitted. Ancillary structures including handrails, steps, swim ladders and up to a maximum of four (4) dolphins, one (1) boat lift and one (1) davit (or alternatively three (3) davits), two (2) water hookups, two (2) electrical outlets in excess of 115 volts, two (2) lights, and one (1) dock box shall be permitted in accordance with the provisions of this ordinance. Boat houses, floating docks, fixed covers, fixed benches, fixed fish cleaning apparatus, fixed maintenance apparatus, fuel pumps, sewage pump -outs, flag poles, and diving platforms/boards shall be prohibited. f. Location and dimensions. 1. Docks and all ancillary structures shall comply with the required side yard setbacks applicable to the lot. 2. Docks shall not project more than five (5) feet into any waterway and dolphins shall not project more than twenty-five (25) feet into any waterway. 3. Docks shall be no higher than any abutting seawall or five and one-half (5- 1/2) feet above mean sea level, whichever is greater. Ancillary handrails, steps and lights shall not project more than four (4) feet above the dock. 4. A maximum of one (1) dock box shall be permitted which shall be no higher than thirty (30) inches and no larger than twenty-four (24) cubic feet. 5. A maximum of one (1) davit with up to five hundred (500) pounds lifting capacity shall be permitted to be attached to a dock. 6. Boat lifts and davits which exceed five hundred (500) pounds lifting capacity shall be attached only to seawalls or platforms landward of the seawall. E 7. Lights shall project downward at a minimum forty-five (45) degree angle from the horizontal plane tangent to the top of the light source. g. Materials and colors. Materials and colors of docks and ancillary structures shall be considered as part of Architectural Review and Planning Board consideration and shall be maintained as approved." Existing subparagraph 3, titled "Other", shall be renumbered as subparagraph 4. 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. PASSED AND ADOPTED in a regular, adjourned session on first reading this 7th day of October, 1991, and for a second and final reading an this 21st day of MAYOR ATTEST:, TOWN CLERIC JCR\13147-01\D0CK.0RD 9\19\91 October . 1991. 3 TOWN COMMISSION