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HomeMy Public PortalAboutORD 92/08_1 �ORDINANCE NO. 92/8 ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES RELATING TO ZONING, AT SECTION 66- 1, DEFINITIONS, SO AS TO PROVIDE FOR A DEFINITION OF BEACH SHADE HUT; CREATING A NEW SECTION 66-371, PROVIDING REGULATIONS RELATING TO THE CONSTRUCTION AND LOCATION OF BEACH SHADE HUTS; 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. Chapter 66 of the Code of Ordinances of the Town of Gulf Stream, Florida, relating to Zoning, is hereby amended at Article I, "In General", Section 66-1, "Definitions", to include a new definition for beach shade but to read as follows: "Beach shade but shall mean an accessory structure erected on the beach east of the dune crest or seawall for the purpose of providing shade strictly for the private enjoyment of the residents and guests of the property on which it is located. Said structures shall have a thatched roof and be composed entirely of unfinished, native, natural wood and herbaceous materials with the exception of fasteners such as nails or staples." Section 2. Chapter 66 of the Code of Ordinance of the Town of Gulf Stream, Florida, relating to Zoning, is hereby amended at Article VIII, "Supplementary District Regulations", Division 2, "Accessory Structures and Recreational Facilities", to include a new Section 66-371 to read as follows: "Sec. 66-371. Beach shade huts. In the single family residential district, beach shade huts shall be permitted in accordance with the following: (1) Federal, state and county review and approval required. All new beach shade huts and significant alterations to or changes in location of existing beach shade huts shall require review and approval by appropriate federal, state and county governmental agencies prior to submission of an application for review and approval to the Town. 1 (2) site plan review required. All new beach shade huts and significant alterations to or changes in location of existing beach shade huts shall require site plan review and approval from the Town. (3) Permitted as accessory use. Beach shade huts shall be permitted only as an accessory use to single family dwellings for the exclusive use of the dwelling's occupants and their guests. Said huts 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. (4) Prohibited uses. Rental of beach shade huts shall be prohibited. (5) Location and dimensions. a. Beach shade huts shall, to the maximum extent feasible, comply with the required side yard setbacks applicable to the primary structure, and shall have a rear yard setback equal to half the distance between the mean high water mark and the crest of dune or seawall, whichever is further west. Said setbacks may be reduced, without obtaining a variance, where the federal, state, county or other governmental agency with jurisdiction over the structure or land area on which it is to be located determines that adherence to said setbacks would be detrimental to the natural environment or the health, safety and welfare of the general public. In instances where the required setbacks cannot be met, as determined above, the Town may require that the structure be reduced in size to mitigate the impacts created by the reduced setbacks. b. Beach shade huts shall be limited to a maximum of one support pole for each fifty feet (501) of lineal beach frontage of the lot on which it is to be located. Lots of less than fifty feet (501) lineal beach frontage shall be limited to a maximum of one support pole. C. Beach shade huts shall be limited to a maximum of one square foot under roof for each lineal foot of beach frontage of the lot on which it is to be located. d. Benches and tables which are attached to support poles may be permitted. The area under said benches and tables shall be included in the area under roof calculations even if such benches and tables are located under roof. e. Beach shade huts shall be limited to a maximum of twelve feet (121) in height. f. Beach shade huts shall contain no walls, floors or lighting. g. A maximum of one storage box, not exceeding one cubic foot in volume, may be attached to each permitted support pole. (6) Structural materials. a. All beach shade huts shall have a thatched roof and be composed entirely of unfinished, native, natural wood and herbaceous materials, with the exception of fasteners such as nails and staples, and shall at all times be maintained in good repair. Said building materials shall be maintained in a natural state and color, however, water and pest resistant treatments may be applied to prevent rot. Failure to properly maintain all materials shall be cause for the Town to order removal of the structure. b. Support poles shall be supported only by the soil and sand naturally present in the area in which they are located and shall have no additional anchoring such as concrete or guy wires.$, Section 3. 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 4. 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 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 3 PASSED AND ADOPTED in a regular, adjourned session on first reading this day of 1992, and for a second and final reading on this day of , 1992. MAYOR ATTEST: TOWN CLERK JCR\13147-01\SHADEHUT.ORD 4 TOWN COMMISSION