Senate Bill sb2866

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    Florida Senate - 2003        (NP)                      SB 2866

    By Senators Sebesta, Lee, Crist and Miller





    16-580-03                                           See HB 731

  1                      A bill to be entitled

  2         An act relating to the City of Tampa,

  3         Hillsborough County; amending chapter 29126

  4         (1953), Laws of Florida, relating to Parkland

  5         Estates Subdivision; amending the preamble to

  6         reflect that the enforcement of zoning

  7         regulations requires a collaborative effort

  8         between Parkland Estates Subdivision and the

  9         City of Tampa and incorporating the preamble as

10         a section of law; amending sections 1, 2, 7,

11         and 8; modernizing provisions; deleting

12         references to garages, servant houses, and out

13         houses; providing that side setbacks may not

14         extend beyond 7.5 feet; providing an exception;

15         providing that Parkland Estates Civic Club has

16         concurrent enforcement powers with the City of

17         Tampa; removing provisions requiring that any

18         church construction be valued at a minimum of

19         $250,000; creating sections 4, 5, 6, and 7;

20         providing for area rezoning of single-family

21         residential structures by the City of Tampa and

22         for grandfathering certain structures under

23         certain circumstances; providing for conforming

24         and nonconforming legal status for certain

25         properties which have been and are used for

26         nonresidential properties and for

27         grandfathering certain structures under certain

28         circumstances; directing the City of Tampa to

29         initiate an area rezoning and requiring certain

30         public hearings and notices; providing that the

31         City of Tampa may enforce the use and

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    Florida Senate - 2003        (NP)                      SB 2866
    16-580-03                                           See HB 731




 1         development restrictions set forth in the act;

 2         providing that if there are inconsistencies

 3         between the City Zoning Code and the act, the

 4         act shall prevail; providing severability;

 5         repealing sections 3, 4, 5, 6, and 9, relating

 6         to use of properties between building lines and

 7         streets, of certain building materials and the

 8         sizes of buildings, the use of cesspools or

 9         septic tanks, the keeping of livestock and

10         poultry, and misdemeanor infractions; providing

11         for severability; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  The preamble to chapter 29126 (1953), Laws

16  of Florida, is incorporated in that chapter as subsection (a)

17  of section 1 and amended, subsection (b) is added to that

18  section, and present sections 1 and 2 of that chapter are

19  renumbered as sections 2 and 3, respectively, and amended, to

20  read:

21         Section 1.(a)  WHEREAS, With the increase and

22  concentration of population in and around the cities of the

23  State of Florida, and particularly in and around the City of

24  Tampa, in Hillsborough County, Florida, and the area

25  hereinafter described in this act and known as Parkland

26  Estates, zoning restrictions relating with respect to the use

27  and occupancy of private land in the Parkland Estates area

28  have been are necessary and required for the purpose of

29  safeguarding the public peace, health, safety, and comfort,

30  welfare.  Parkland Estates and community society; and WHEREAS,

31  the area and territory herein described is intended to be and

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    Florida Senate - 2003        (NP)                      SB 2866
    16-580-03                                           See HB 731




 1  is now occupied for private dwelling and residential

 2  purposes.  Furthermore; and WHEREAS, in the promotion and

 3  safeguarding of the public peace, health, safety, and comfort,

 4  welfare and community society, the State of Florida, in the

 5  exercise of its sovereign and police power, for such purpose,

 6  found deems it necessary and proper to restrict and zone the

 7  use and occupancy of Parkland Estates, except as otherwise

 8  provided by this act the area hereinafter described, to its

 9  use and occupancy for private residences residential and

10  dwelling purposes only.  Therefore,

11         (b)  The Legislature further finds, however, that the

12  provisions of chapter 29126 (1953), Laws of Florida, are

13  insufficient for enforcement purposes, necessitating a

14  cooperative and collaborative effort between the city and the

15  residents as provided by this act.

16         Section 2.1.  That none of The lands within the area

17  and territory described as Parkland Estates Subdivision,

18  hereafter called "Subdivision, as said Subdivision is now

19  platted of record in Plat Book 1, Page 156, in the office of

20  the Clerk of the Circuit Court in Hillsborough County,

21  Florida, except the tracts and areas designated as parks or

22  children   s playground, and except as further hereinafter

23  provided with respect to Lots 1, 2, 3, 4, 5, 31, 32, 33, 34,

24  35, 36 and 37 of Block 16, of said Subdivision, shall be used

25  and are hereby zoned for use and to be occupied only for

26  single-family single family private residential and dwelling

27  purposes., and that Not more than one private dwelling shall

28  be erected, constructed, placed upon, or maintained on any one

29  of the platted lots in the said Subdivision, as the same are

30  now platted according to said recorded plat of said

31  Subdivision except one or more lots may be used for one

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    Florida Senate - 2003        (NP)                      SB 2866
    16-580-03                                           See HB 731




 1  residence together with the necessary and usual garages,

 2  servant houses and out houses to be used strictly in

 3  connection with the dwelling house on said lot or lots therein

 4  or which may hereafter be erected thereon; and any other use

 5  or occupation thereof shall be and is hereby declared to be a

 6  nuisance and inimical to the preservation of public peace,

 7  health, safety, and comfort, welfare and community society of

 8  the said area and territory and the residents and property

 9  owners thereof.

10         Section  3.2.  That All residences in the said

11  Subdivision shall face the street.  No portion of any building

12  shall be closer to the street than, or extend beyond, the

13  building line shown on the said plat; no porches or steps

14  shall be closer to the street than, or extend beyond, the

15  porch line shown on the said plat;, and no portion of the main

16  dwelling shall be nearer to the side boundary lines of said

17  lots than 7.5 seven and one-half (71/2) feet, hereafter called

18  "side setback therefrom."  It is further provided, however,

19  that encroachments into the side setback shall be permitted in

20  accordance with the City of Tampa Zoning Code, Chapter 27, as

21  it may be amended from time to time, hereafter called "City of

22  Tampa Zoning Code"; however, this provision shall not be

23  construed to allow any variance to the side setback for the

24  main dwelling or structure.

25         Section 2.  Present sections 3, 4, 5, and 6 of chapter

26  29126 (1953), Laws of Florida, are repealed, new sections 4,

27  5, 6, and 7 are added to that chapter, and present section 7

28  of that chapter is renumbered as section 8 and amended, to

29  read:

30         Section 4.  Subject to the following provisions, all

31  single-family residential structures constructed in the

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    Florida Senate - 2003        (NP)                      SB 2866
    16-580-03                                           See HB 731




 1  Subdivision are granted status as legal conforming structures

 2  and approved as such as part of the Area Rezoning adopted by

 3  the City of Tampa as set forth in section 6, hereafter called

 4  "Area Rezoning."  It is further provided that, if a

 5  single-family residential structure was constructed or existed

 6  in violation of this act or the City of Tampa Zoning Code

 7  described in section 6 as of December 31, 2002, prior to being

 8  granted legal conforming status by the City of Tampa, the

 9  dimensions of the structure as it existed on December 31,

10  2002, shall be documented by the property owner through

11  substantial and competent evidence and approved as part of the

12  Area Rezoning.

13         Section 5.(a)  Subject to the following provisions, all

14  property lying and situated within Block B of the Plat of the

15  Subdivision, along with the North 1/2 of the closed alley

16  abutting to the South of Block B, which was developed as any

17  use other than single-family residential and was in existence

18  as of July 1, 1953, shall be granted status as a legal

19  conforming use and structure and shall be approved as such as

20  part of the Area Rezoning adopted by the City of Tampa if,

21  prior to being granted legal conforming status as a legal

22  conforming use or structure, or both, by the City of Tampa,

23  the existence, the specific nature and extent of said use, and

24  the configuration and dimension of any structure as it existed

25  on July 1, 1953, shall be documented by the property owner

26  through substantial and competent evidence and approved as

27  part of the Area Rezoning.

28         (b)  Subject to the following provisions, all property

29  lying and situated within Block B of the Plat of the

30  Subdivision along with the North 1/2 of the closed alley

31  abutting to the South of Block B, which was developed as any

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    Florida Senate - 2003        (NP)                      SB 2866
    16-580-03                                           See HB 731




 1  use other than single-family residential and was in existence

 2  prior to December 31, 2000, shall be granted status as a legal

 3  nonconforming use and structure, as said terms are defined,

 4  regulated, and restricted in the City of Tampa Zoning Code,

 5  and shall be approved as such as part of the Area Rezoning

 6  adopted by the City of Tampa if, prior to being granted legal

 7  nonconforming status as a nonconforming use or structure, or

 8  both, by the City of Tampa, the existence, the specific nature

 9  and extent of said use, and the configuration and dimensions

10  of each structure, as it existed prior to December 31, 2000,

11  shall be documented by the property owner through substantial

12  and competent evidence and approved as part of the Area

13  Rezoning.

14         Section 6.  The City of Tampa is authorized and

15  directed to initiate an Area Rezoning in accordance with

16  section 166.041(3)(c)2., Florida Statutes, and must meet all

17  public hearing and notice requirements set forth in that

18  section of general law, in the City of Tampa Zoning Code, and

19  in any other public hearing or notice provisions ordered by

20  the City of Tampa Council.  Zoning district designations,

21  permitted uses, and other use and development restrictions

22  approved in the Area Rezoning shall be consistent with this

23  act.

24         Section 7.  Subject to the use and development

25  restrictions set forth in this act, upon adoption of an Area

26  Rezoning Ordinance by the City of Tampa in accordance with

27  section 6, the City of Tampa is authorized and empowered to

28  apply and enforce this act and the City of Tampa Zoning Code,

29  as they may be amended from time to time, both of which shall

30  govern property located within the Subdivision.  If any

31  provision of this act is inconsistent with the City of Tampa

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    Florida Senate - 2003        (NP)                      SB 2866
    16-580-03                                           See HB 731




 1  Zoning Code, as it may be amended from time to time, the

 2  provision of the act shall prevail.

 3         Section 8.7.  That Parkland Estates Civic Club, Inc., a

 4  nonprofit corporation under the laws of Florida, organized by

 5  the owners and residents of the Parkland Estates Subdivision,

 6  and each or any property owner or bona fide resident of the

 7  Subdivision, concurrent with the City of Tampa, has said area,

 8  shall have power and authority to enforce compliance with the

 9  provisions of this act hereof by injunction or any other civil

10  proceeding appropriate or available.

11         Section 3.  Present section 8 of chapter 29126 (1953),

12  Laws of Florida, is renumbered as section 9 of that chapter

13  and amended to read:

14         Section 9.8.  That Lots 1, 2, 3, 4, 5, 31, 32, 33, 34,

15  35, 36 and 37 of block 16 of the said Parkland Estates

16  Subdivision may at any time in the future be developed and

17  used for church purposes by the erection thereon of church

18  buildings and other improvements as permitted and approved in

19  the Area Rezoning adopted by the City of Tampa and in

20  accordance with section 6, and, unless to cost not less than

21  the sum of Two Hundred Fifty Thousand ($250,000.00) Dollars,

22  but until so developed and used, the said lots are shall be

23  subject to the restrictions contained herein, but after

24  development of said lots and the church has been erected

25  thereon, there shall be no restrictions on same whatsoever.

26         Section 4.  The provisions of this act are severable

27  and if any of the provisions hereof shall be held to be

28  unconstitutional or invalid, such determination shall not

29  affect the constitutionality or validity of any of the

30  remaining provisions of this act.

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    Florida Senate - 2003        (NP)                      SB 2866
    16-580-03                                           See HB 731




 1         Section 5.  Section 9 of chapter 29126 (1953), Laws of

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