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.
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13 Be It Enacted by the Legislature of the State of Florida:
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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
2 Florida, is repealed.
3 Section 6. This act shall take effect upon becoming a
4 law.
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