ENROLLED HB 0731 2003 Legislature
1	A bill to be entitled
2	An act relating to the City of Tampa, Hillsborough County;
3	amending chapter 29126 (1953), Laws of Florida, relating
4	to Parkland Estates Subdivision; amending the preamble to
5	reflect that the enforcement of zoning regulations
6	requires a collaborative effort between Parkland Estates
7	Subdivision and the City of Tampa and incorporating the
8	preamble as a section of law; amending sections 1, 2, 7,
9	and 8; modernizing language; deleting references to
10	garages, servant houses, and out houses; providing that
11	side setbacks may not extend beyond 7.5 feet; providing an
12	exception; providing that Parkland Estates Civic Club has
13	concurrent enforcement powers with the City of Tampa;
14	removing language that any church construction be valued
15	at a minimum of $250,000; creating sections 4, 5, 6, and
16	7; providing for area rezoning of single-family
17	residential structures by the City of Tampa and for
18	grandfathering certain structures under certain
19	circumstances; providing for conforming and nonconforming
20	legal status for certain properties which have been and
21	are used for nonresidential properties and for
22	grandfathering certain structures under certain
23	circumstances; directing the City of Tampa to initiate an
24	area rezoning and requiring certain public hearings and
25	notices; providing that the City of Tampa may enforce the
26	use and development restrictions set forth in the act;
27	providing that if there are inconsistencies between the
28	City Zoning Code and the act, the act shall prevail;
29	providing severability; repealing sections 3, 4, 5, 6, and
30	9, relating to use of properties between building lines
31	and streets, of certain building materials and the sizes
32	of buildings, the use of cesspools or septic tanks, the
33	keeping of livestock and poultry, and misdemeanor
34	infractions; providing for severability; providing an
35	effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1. The preamble to chapter 29126 (1953), Laws of
40	Florida, is incorporated in said chapter as subsection (a) of
41	section 1 and amended, subsection (b) is added to said section,
42	and present sections 1 and 2 of said chapter are renumbered as
43	sections 2 and 3, respectively, and amended, to read:
44	Section 1. (a)WHEREAS,With the increase and
45	concentration of population in and around the cities of the
46	State of Florida, and particularly in and aroundthe City of
47	Tampa, in Hillsborough County, Florida, and the area hereinafter
48	described in this act and known as Parkland Estates, zoning
49	restrictions relatingwith respectto the use and occupancy of
50	private land in the Parkland Estates area have beenare
51	necessary and requiredfor the purpose of safeguarding the
52	public peace, health, safety, andcomfort, welfare. Parkland
53	Estatesand community society; and WHEREAS, the area and
54	territory herein describedis intended to be and is now occupied
55	for private dwelling and residential purposes. Furthermore; and
56	WHEREAS, in the promotion and safeguarding of the public peace,
57	health, safety, andcomfort, welfare and community society, the
58	State of Florida, in the exercise of its sovereign and police
59	power, for such purpose, founddeemsit necessary and proper to
60	restrict and zone the use and occupancy of Parkland Estates,
61	except as otherwise provided by this actthe area hereinafter
62	described, to its use and occupancy for private residences
63	residential and dwelling purposes only. Therefore,
64	(b) The Legislature further finds, however, that the
65	provisions of chapter 29126 (1953), Laws of Florida, are
66	insufficient for enforcement purposes, necessitating a
67	cooperative and collaborative effort between the city and the
68	residents as provided by this act.
69	Section 2.1.That none of The lands within the area and
70	territory described as Parkland Estates Subdivision, hereafter
71	called “Subdivision,”as said Subdivision is now platted of
72	record in Plat Book 1, Page 156, in the office of the Clerk of
73	the Circuit Court in Hillsborough County, Florida, except the
74	tracts and areas designated as parks or children’s playground,
75	and except as furtherhereinafterprovided with respect to Lots
76	1, 2, 3, 4, 5, 31, 32, 33, 34, 35, 36 and 37 of Block 16, of
77	said Subdivision, shall be used and are herebyzoned for use and
78	to be occupied only for single-familysingle familyprivate
79	residential and dwelling purposes., and thatNot more than one
80	private dwelling shall be erected, constructed, placed upon,or
81	maintained on any one of the platted lots in thesaid
82	Subdivision,as the same are now platted according to said
83	recorded plat of said Subdivision except one or more lots may be
84	used for one residence together with the necessary and usual
85	garages, servant houses and out houses to be used strictly in
86	connection with the dwelling house on said lot or lots therein
87	or which may hereafter be erected thereon; and any other use or
88	occupation thereof shall be and is hereby declared to bea
89	nuisance and inimical to the preservation of public peace,
90	health, safety, and comfort, welfare and community society of
91	thesaid area and territoryand the residents and property
92	owners thereof.
93	Section 3.2.That All residences in thesaidSubdivision
94	shall face the street. No portion of any building shall be
95	closer to the street than, or extend beyond,the building line
96	shown on thesaidplat; no porches or steps shall be closer to
97	the street than, or extend beyond, the porch line shown on the
98	said plat;,and no portion of the main dwelling shall be nearer
99	to the side boundary lines of said lots than 7.5seven and one-
100	half (71/2) feet, hereafter called “side setback therefrom." It
101	is further provided, however, that encroachments into the side
102	setback shall be permitted in accordance with the City of Tampa
103	Zoning Code, Chapter 27, as it may be amended from time to time,
104	hereafter called “City of Tampa Zoning Code”; however, this
105	provision shall not be construed to allow any variance to the
106	side setback for the main dwelling or structure.
107	Section 2. Present sections 3, 4, 5, and 6 of chapter
108	29126 (1953), Laws of Florida, are repealed, new sections 4, 5,
109	6, and 7 are added to said chapter, and present section 7 of
110	said chapter is renumbered as section 8 and amended, to read:
111	Section 4. Subject to the following provisions, all
112	single-family residential structures constructed in the
113	Subdivision are granted status as legal conforming structures
114	and approved as such as part of the Area Rezoning adopted by the
115	City of Tampa as set forth in section 6, hereafter called “Area
116	Rezoning." It is further provided that, if a single-family
117	residential structure was constructed or existed in violation of
118	this act or the City of Tampa Zoning Code described in section 6
119	as of December 31, 2002, prior to being granted legal conforming
120	status by the City of Tampa, the dimensions of the structure as
121	it existed on December 31, 2002, shall be documented by the
122	property owner through substantial and competent evidence and
123	approved as part of the Area Rezoning.
124	Section 5. (a) Subject to the following provisions, all
125	property lying and situated within Block B of the Plat of the
126	Subdivision, along with the North ½ of the closed alley abutting
127	to the South of Block B, which was developed as any use other
128	than single-family residential and was in existence as of July
129	1, 1953, shall be granted status as a legal conforming use and
130	structure and shall be approved as such as part of the Area
131	Rezoning adopted by the City of Tampa if, prior to being granted
132	legal conforming status as a legal conforming use or structure,
133	or both, by the City of Tampa, the existence, the specific
134	nature and extent of said use, and the configuration and
135	dimension of any structure as it existed on July 1, 1953, shall
136	be documented by the property owner through substantial and
137	competent evidence and approved as part of the Area Rezoning.
138	(b) Subject to the following provisions, all property
139	lying and situated within Block B of the Plat of the Subdivision
140	along with the North ½ of the closed alley abutting to the South
141	of Block B, which was developed as any use other than single-
142	family residential and was in existence prior to December 31,
143	2000, shall be granted status as a legal nonconforming use and
144	structure, as said terms are defined, regulated, and restricted
145	in the City of Tampa Zoning Code, and shall be approved as such
146	as part of the Area Rezoning adopted by the City of Tampa if,
147	prior to being granted legal nonconforming status as a
148	nonconforming use or structure, or both, by the City of Tampa,
149	the existence, the specific nature and extent of said use, and
150	the configuration and dimensions of each structure, as it
151	existed prior to December 31, 2000, shall be documented by the
152	property owner through substantial and competent evidence and
153	approved as part of the Area Rezoning.
154	Section 6. The City of Tampa is authorized and directed to
155	initiate an Area Rezoning in accordance with section
156	166.041(3)(c)2., Florida Statutes, and must meet all public
157	hearing and notice requirements set forth in that section of
158	general law, in the City of Tampa Zoning Code, and in any other
159	public hearing or notice provisions ordered by the City of Tampa
160	Council. Zoning district designations, permitted uses, and
161	other use and development restrictions approved in the Area
162	Rezoning shall be consistent with this act.
163	Section 7. Subject to the use and development restrictions
164	set forth in this act, upon adoption of an Area Rezoning
165	Ordinance by the City of Tampa in accordance with section 6, the
166	City of Tampa is authorized and empowered to apply and enforce
167	this act and the City of Tampa Zoning Code, as they may be
168	amended from time to time, both of which shall govern property
169	located within the Subdivision. If any provision of this act is
170	inconsistent with the City of Tampa Zoning Code, as it may be
171	amended from time to time, the provision of the act shall
172	prevail.
173	Section 8.7.ThatParkland Estates Civic Club, Inc., a
174	nonprofit corporation under the laws of Florida, organized by
175	the owners and residents of theParkland Estates Subdivision,
176	and eachor any property owner or bona fide resident of the
177	Subdivision, concurrent with the City of Tampa, hassaid area,
178	shall havepower and authority to enforce compliance with the
179	provisions of this acthereofby injunction or any other civil
180	proceeding appropriate or available.
181	Section 3. Present section 8 of chapter 29126 (1953), Laws
182	of Florida, is renumbered as section 9 of said chapter and
183	amended to read:
184	Section 9.8.ThatLots 1, 2, 3, 4, 5, 31, 32, 33, 34, 35,
185	36 and 37 of block 16 of thesaid Parkland EstatesSubdivision
186	may at any time in the futurebe developed and used for church
187	purposes by the erection thereonof church buildings and other
188	improvements as permitted and approved in the Area Rezoning
189	adopted by the City of Tampa and in accordance with section 6,
190	and, unlessto cost not less than the sum of Two Hundred Fifty
191	Thousand ($250,000.00) Dollars, but until so developed and used,
192	thesaid lots areshall besubject to the restrictions contained
193	herein, but after development of said lots and the church has
194	been erected thereon, there shall be no restrictions on same
195	whatsoever.
196	Section 4. The provisions of this act are severable and if
197	any of the provisions hereof shall be held to be
198	unconstitutional or invalid, such determination shall not affect
199	the constitutionality or validity of any of the remaining
200	provisions of this act.
201	Section 5. Section 9 of chapter 29126 (1953), Laws of
202	Florida, is repealed.
203	Section 6. This act shall take effect upon becoming a law.