Except as otherwise specifically provided in this chapter:

(1)

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regulations established by this chapter for the district in which the building or land is located.

(2)

The minimum yards and other open spaces, including the intensity of use provisions contained in this chapter for each and every building erected, reconstructed or structurally altered, shall not be encroached upon or considered as a compliance with yard or open space requirements or intensity of use requirements for any other building or adjoining building.

(3)

Every building erected, reconstructed or structurally altered shall be located on a lot fronting on either a private or public street.

(4)

A residential structure may be constructed on any existing nonconforming lot which existed prior to April 8, 1983, in any residential district if such lot is less than the minimum area required for building lots in the residential district in which it is located; provided, however, that the lot complies with all applicable provisions of this chapter; and provided further, that the owner of such lot does not own any adjacent vacant land which would create a conforming lot if such vacant lot were combined with the lot deficient in area.

(Ord. No. 83-1, § 2(VI), 4-8-83; Ord. No. 90-1, § 2, 1-21-91)

(a)

In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and determine the areas of open spaces within and surrounding buildings; and to classify, regulate and restrict the location of buildings designed for specified residential uses, the town is hereby divided into districts (zones) of which there shall be five known as:

(1)

"RS"—Single-family residential district.

(2)

"RM"—Multiple-family residential district.

(3)

"OR"—Outdoor recreational district.

(4)

"CONS"—Conservation district.

(5)

"P"—Public facilities district.

(b)

The boundaries of the districts are shown on the map accompanying this and made a part thereof, and entitled "Official Zoning Map of the Town of Gulf Stream, Florida," which map shall be amended to conform to the districts referenced herein. The zoning map shall be a part of this chapter as if such facts and information set forth on the map were fully described and set forth herein. The zoning map, properly attested by the members of the town commission, the signatures of the mayor and the town clerk or designee, and containing the corporate seal of the town, shall remain at all times on file in the office of the town clerk or designee.

(Ord. No. 83-1, § 2(V, A), 4-8-83; Ord. No. 91-1, §§ 1, 2, 1-21-91)

In the creation, by this chapter, of the respective districts enumerated in this section, the town commission has given due and careful consideration to the peculiar suitability of each and every such district for the particular regulations applied thereto, and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with the comprehensive development plan of the town.

(Ord. No. 83-1, § 2(V, B), 4-8-83)

The boundaries of the zoning districts established in this article as are shown upon the map adopted by this chapter, or any subsequent amendment thereto, are hereby adopted and approved, and the regulations of this chapter governing the use of land and buildings, the height of buildings, building site areas, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon such map.

(Ord. No. 83-1, § 2(V, C), 4-8-83)

Where uncertainty exists as to boundaries of any district shown on the zoning map the following rules shall apply:

(1)

Where such district boundaries are indicated as approximately following street lines, alley lines or other lines, such lines shall be construed to be such boundaries.

(2)

In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map.

(3)

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

(Ord. No. 83-1, § 2(V, D), 4-8-83)

(a)

The use of any residential dwelling within any zoning district of the town by a larger number of persons than such property or residence is zoned for or designated to accommodate is hereby declared to be a violation of this chapter.

(b)

It shall be unlawful for the owner, lessee or other person in the possession or control of any property within any zoning district of the town to permit such property to be used for the purpose of holding conventions or entertaining a larger number of persons than such property or residence is zoned for or usually accommodates.

(Ord. No. 83-1, § 2(X, B), 4-8-83)

For all regulations relating to the RS single-family residential district, see chapter 70, Gulf Stream Design Manual.

(Ord. No. 08-4, § 2, 9-5-08)

There is hereby created within the RM multiple-family residential district, two sub-districts to be known as the RM west and RM east multiple-family residential districts. See chapter 71, Gulf Stream Design Manual, Multiple-Family Residential Districts.

(Ord. No. 08-4, § 3, 9-5-08)

The purpose and intent of the outdoor recreational district is to establish and protect certain areas which meet the town recreational needs by permitting limited recreational uses while conserving the environment and natural features of those areas.

(Ord. No. 83-1, § 2(IX, A), 4-8-83)

The uses permitted in the outdoor recreational district are limited to the following:

(1)

Outdoor recreation that is:

a.

Primarily used for boating, golf, tennis, swimming and/or athletics;

b.

Owned and operated by the town or a club which has at least 250 members;

c.

Comprised of three acres or more; and

d.

More than 70 percent of the land area is devoted to outdoor recreation and open space and parking.

(2)

Club facilities for recreational and social purposes.

(Ord. No. 83-1, § 2(IX, B), 4-8-83)

The accessory uses permitted in the outdoor recreational district are accessory buildings and uses customarily incident to any of the above uses, including clubhouses, golf house, rest facilities, swimming pools, tennis courts and pro shops.

(Ord. No. 83-1, § 2(IX, C), 4-8-83)

Reverse osmosis water plants (RO plant) associated with a golf course may be approved as a special exception subject to the following:

(1)

Water from the RO plant may be used for irrigation at the associated golf course and accessory uses to the golf course only.

(2)

The proposed RO plant shall not result in such noise, odor, or vibration, so as to adversely impact surrounding residential dwellings.

(3)

Equipment associated with the RO plant shall be located inside of a building constructed of materials designed to reduce noise levels at neighboring locations. All ventilation openings within the building housing the RO plant shall contain noise reduction devices to reduce the noise escaping the RO plant building, and the openings shall be located so that they are not facing any residential dwellings located within 1,000 feet of the RO plant building.

(4)

The RO plant shall provide sufficient protection so that the sound level measured in decibels, using the "A" weighting scale which reflects the response characteristics of the human ear, shall not exceed 45 decibels at the RO plant property boundary, and 30 decibels at adjacent residential property boundaries.

(5)

If the RO plant receives three or more noise complaints from separate households within a 30-day period, a noise control plan shall be developed by a professional engineer registered in the state, and the RO plant shall implement the recommendations of the noise control plan. The noise control plan will be developed by an engineer hired by the town, and paid for by the owner or operator of the RO plant.

(6)

If the RO plant receives three or more odor complaints from individuals from separate households within a 30-day period, an odor control plan shall be developed by a professional engineer registered in the state, and the RO plant shall implement the recommendations of the odor control plan. The odor control plan will be developed by an engineer hired by the town, and paid for by the owner or operator of the RO plant.

(7)

The RO plant shall obtain and comply with all applicable federal, state or local permits for construction and operation of the RO plant.

(8)

The RO plant shall not be detrimental to the area residents or households, or the public health, safety or welfare of the community as a whole.

(9)

The RO plant and any accessory buildings shall be screened from view from adjacent properties. Accessory buildings include, but are not limited to, storage tanks.

(Ord. No. 83-1, § 2(IX, D), 4-8-83; Ord. No. 21-4, § 1, 7-9-21)

Any use not specifically permitted in the outdoor recreational district is specifically prohibited therein.

(Ord. No. 83-1, § 2(IX, E), 4-8-83)

Where a lot in the outdoor recreational district is occupied by a club, there shall be provided accessible parking spaces on the lot or land parcel, adequate to accommodate one space for each three persons of maximum capacity of the facility as determined by its fire occupancy rating.

(Ord. No. 83-1, § 2(IX, F), 4-8-83)

No new building in the outdoor recreational district shall exceed 2½ stories or a maximum building height of 35 feet in height overall; however, any existing club building may be altered and repaired from time to time as shall be necessary for the effective operation and maintenance of such club. Such height shall be measured from the point of first floor base flood elevation.

(Ord. No. 83-1, § 2(IX, G), 4-8-83)

(a)

The maximum finished first floor elevation for all undeveloped non-oceanfront lots located within the outdoor recreational district shall be the greater of the following:

(1)

+7.0 feet NAVD;

(2)

1.5 feet above the crown of adjacent roads; or

(3)

0.5 feet above the average existing grade of the buildable area of the lot.

(b)

For non-oceanfront lots previously developed, the maximum finished first floor elevation shall be the greater of the following:

(1)

+7.0 feet NAVD;

(2)

1.5 feet above the crown of adjacent roads; or

(3)

The elevation of the previous structure or the average elevations of adjacent structures, whichever is less.

(c)

For lots fronting on the Atlantic Ocean, the maximum finished first floor elevation shall be the greater of the following:

(1)

1.5 feet above the crown of adjacent roads;

(2)

0.5 feet above the average existing grade of the buildable area of the lot;

(3)

3.0 feet above the average crest of the dune located on the parcel, if present; or

(4)

+15.5 feet NAVD.

(Ord. No. 83-1, § 2(IX, H), 4-8-83; Ord. No. 91-22, § 3, 10-21-91; Ord. No. 15/4, § 2, 8-14-15)

(a)

There shall be a front yard in the outdoor recreational district of not less than 50 feet in depth measured from any adjoining street. Notwithstanding these provisions, the setback distance along the A1A right-of-way shall be at least 78 feet from the centerline of such right-of-way.

(b)

Construction in oceanfront areas of the town must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excavation Setback Ordinance No. 72-12" and the construction control line established by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflicting town ordinance.

(Ord. No. 83-1, § 2(IX, I), 4-8-83)

There shall be side yards in the outdoor recreational district of not less than 25 feet, measured from the adjoining lot line.

(Ord. No. 83-1, § 2(IX, J), 4-8-83)

There shall be a rear yard in the outdoor recreational district having a depth of not less than 25 feet.

(Ord. No. 83-1, § 2(IX, K), 4-8-83)

(a)

All walls or fences outside of building lines of the property in the outdoor recreational district shall not be over eight feet in height. No height limitation is placed on hedges. However, in the event that a wall, fence or hedge is erected or located on a corner lot, a vehicular and pedestrian visibility triangle shall be provided for a minimum distance of ten feet in both directions from the intersecting corner point of property lines. The maximum height of any wall, fence or hedge within such visibility triangle shall be 2½ feet.

(b)

For the purpose of preserving and maximizing waterfront views from all properties or lots within the town which abut the Atlantic Ocean, the Intracoastal Waterway, any canal, cove or other similar water body, a fence, hedge or wall placed or erected along any side property line shall not exceed four feet in height within the established setback area which immediately abuts and is parallel to such water body.

(Ord. No. 83-1, § 2(IX, L), 4-8-83)

For all accessory structures in the outdoor recreational district the following requirements shall be observed:

(1)

All accessory structures shall observe the same setbacks required for the principal structure(s), excepting the following:

a.

Paving, decking, or other impervious or semi-impervious, built-up surfaces, other than those intended for use by vehicles, which extend no more than four inches above the surrounding finished grade elevation may be located within required setbacks, but shall be no less than three feet from any property line, provided they are screened from adjoining properties with a wall, fence or hedge of at least four feet in height.

b.

Reserved.

(2)

No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed.

(Ord. No. 83-1, § 2(IX, M), 4-8-83; Ord. No. 92-7, § 3, 9-28-92)

The purpose and intent of the conservation district is to implement the conservation future land use designation of the town's comprehensive plan by identifying and protecting areas of the town that exhibit unique environmental and locational characteristics. It is intended that this district shall not be a holding category, but rather that it be a terminal district in order to ensure that the present and future residents of the town shall be able to enjoy the benefits of the natural environment of the town.

(Ord. No. 91-1, § 1(XXII, A), 1-21-91)

There are no permitted uses in the conservation district.

(Ord. No. 91-1, § 1(XXII, B), 1-21-91)

There are no accessory uses permitted in the conservation district.

(Ord. No. 91-1, § 1(XXII, C), 1-21-91)

Open space devoted to the conservation and maintenance of natural waterways, vegetation and wild life shall be permitted in the conservation district as special exceptions.

(Ord. No. 91-1, § 1(XXII, D), 1-21-91)

Any use not specifically permitted in the conservation district shall be prohibited.

(Ord. No. 91-1, § 1(XXII, E), 1-21-91)

The purpose and intent of the public facilities district is to identify and designate areas for public utility activities and facilities that serve and are used directly by the public necessary for the normal conduct of the town's activities.

(Ord. No. 91-1, § 2(XXIII, A), 1-21-91)

The uses permitted in the public facilities district are limited to the following:

(1)

Town hall.

(2)

Police and fire stations.

(3)

Libraries and information centers.

(4)

U.S. postal services and facilities.

(5)

Museums and art galleries.

(6)

Public administration facilities.

(7)

Electric, gas and sanitary services.

(8)

Cemeteries.

(9)

Cable television services.

(10)

Historic and monument sites.

(11)

Schools.

(12)

Dredged materials management areas and associated ancillary uses including, but not limited to, passive parks.

(Ord. No. 91-1, § 2(XXIII, B), 1-21-91; Ord. No. 95-3, § 2, 6-9-95)

The accessory uses permitted in the public facilities district are limited to the following:

(1)

Parking facilities.

(2)

Other uses directly related to the permitted use and approved by the building department.

(Ord. No. 91-1, § 2(XXIII, C), 1-21-91)

The temporary use of a construction trailer, as a temporary accessory use only during construction or preconstruction phases may be permitted as a special exception in the public facilities district. Such temporary use shall be permitted only by approval of the town commission for a period of 12 months, with renewable terms, shall not exceed 500 square feet, and shall be removed prior to the issuance of a certificate of occupancy for the development or construction upon which the temporary use is located.

(Ord. No. 91-1, § 2(XXIII, D), 1-21-91)

Any use not specifically permitted in the public facilities district shall be prohibited.

(Ord. No. 91-1, § 2(XXIII, E), 1-21-91)

The following parking regulations are applicable to the public facilities district:

(1)

Office uses. One space for each 300 square feet of gross floor space, plus one space for each occupant or employee.

(2)

Art galleries, libraries, museums, similar use. One space for each 600 square feet of gross floor area.

(3)

Elementary and junior high schools. Two spaces for each classroom, office room and kitchen.

(4)

Other uses. One space for each three persons of maximum capacity of the facility as determined by its fire occupancy rating.

(Ord. No. 91-1, § 2(XXIII, F), 1-21-91)

No new building in the public facilities district shall exceed 2½ stories or a maximum building height of 35 feet in height overall; however, any existing building may be altered and repaired from time to time as shall be necessary for the effective operation and maintenance of such building. Such height shall be measured from the point of first floor base flood elevation.

(Ord. No. 91-1, § 2(XXIII, G), 1-21-91)

The requirements for front yards in the public facilities district shall be as follows:

(1)

There shall be a front yard of not less than 50 feet in depth. On corner lots, both sides of the lot facing the street shall be deemed front yards. Notwithstanding these provisions, the setback distance along the A1A right-of-way shall be at least 78 feet from the centerline of such right-of-way.

(2)

Construction in oceanfront areas of the town must comply with all of the provisions of the "Palm Beach County Coastal Construction and Excavation Setback Ordinance" (Ordinance No. 72-12) and the coastal construction control line established by the state bureau of beaches and shores, which ordinance or its successor shall prevail in the absence of a conflicting town ordinance.

(Ord. No. 91-1, § 2(XXIII, H), 1-21-91)

The requirements for side yards in the public facilities district shall be as follows:

(1)

There shall be side yards of not less than 25 feet or 25 percent of the average footage of the lot width whichever is greater on each side of a building, including porches, projections, cornices and eaves.

(2)

Where any lot is located on any street intersection, or where two or more street lines outline any lot, or where any lot is located upon any corner, each side of the lot facing a street shall, for the purpose of determining setbacks, be deemed to be the front of such lot. Provided, however, that this provision shall never be construed to require any building to be set back along any street a further distance than the average setbacks along such street.

(Ord. No. 91-1, § 2(XXIII, I), 1-21-91)

There shall be a rear yard in the public facilities district of at least 25 feet.

(Ord. No. 91-1, § 2(XXIII, J), 1-21-91)

(a)

All walls or fences outside of building lines of the property in the public facilities district shall not be over eight feet in height. No height limitation is placed on hedges. However, in the event that a wall, fence, or hedge is erected or located on a corner lot, a vehicular and pedestrian visibility triangle shall be provided for a minimum distance of ten feet in both directions from the intersecting corner point of property lines. The maximum height of any wall, fence or hedge within such visibility triangle shall be 2½ feet.

(b)

For the purpose of preserving and maximizing waterfront views from all properties or lots within the town which abut the Atlantic Ocean, the Intracoastal Waterway, any canal, cove or other similar water body, a fence, hedge or wall placed or erected along any side property line shall not exceed four feet in height within the established setback area which immediately abuts and is parallel to such water body.

(Ord. No. 91-1, § 2(XXIII, K), 1-21-91)

For all accessory structures in the public facilities district the following requirements shall be observed:

(1)

All accessory structures shall observe the same setbacks required for the principal structure(s), excepting the following:

a.

Paving, decking, or other impervious or semi-impervious, built-up surfaces, other than those intended for use by vehicles, which extend no more than four inches above the surrounding finished grade elevation may be located within required setbacks, but shall be no less than three feet from any property line, provided they are screened from adjoining properties with a wall, fence or hedge of at least four feet in height.

(2)

No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed.

(Ord. No. 91-1, § 2(XXIII, L), 1-21-91; Ord. No. 92-7, § 4, 9-28-92)