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.
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(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.
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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
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TOWN COMMISSION