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1994-15 Mail Ballot Referendum Election for AE-1 DistrictRESOLUTION NO. 94 - 15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND CALLING FOR A MAIL BALLOT REFERENDUM ELECTION FOR RESIDENTS OF THE AE -1 ZONING DISTRICT IN THE CITY OF PARKLAND FOR THE PURPOSE OF CONSIDERING A PROPOSED ORDIN- ANCE AMENDING THE ZONING REGULATIONS AFFECT- ING THE LANDS ZONED AE -1 WITHIN THE CITY OF PARKLAND TO RESTRICT PERMITTED USES; ELIMI- NATING THE SECTION REFERENCING CITY DEED RESTRICTIONS; LIMITING ACCESSORY USES AND PROVIDING FOR NONCONFORMING USES TO CONTINUE UNTIL ABANDONED; CONTAINING PROVISIONS FOR HOLDING THE MAIL BALLOT ELECTION; SETTING FORTH A PROPOSED AMENDMENT TO AE -1 ZONING REGULATIONS; CONTAINING A BALLOT QUESTION; SETTING AN ELECTION DATE OF JULY 12, 1994; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Parkland wishes to place for consideration by the registered electors of the lands zoned AE -1 within the City of Parkland, a proposal for amendment of the zoning regulations affecting said lands; and WHEREAS, by virtue of Article XIII of the City of Parkland City Charter, no such ordinance amending the zoning regulations affecting the land zoned AE -1 may be adopted except upon an affirmative vote of 80% of the electors residing on said lands, WHEREAS, the proposed zoning regulations include several provisions which constitute changes to the ordinance affecting the zoning regula- tions for lands zoned AE -1 along with other provisions (landscaping) which are not necessarily changes to zoning regulations; and WHEREAS, the City Commission wishes to place the entire set of amendments, as set forth in the attached ordinance (Exhibit A), before the voters in the referendum, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND AS FOLLOWS: Section 1. A mail ballot referendum pursuant to Section 101.6102, Florida Statutes (1993) is hereby called for the date of July 12, 1994 for the purpose of voting upon the proposed changes to zoning regula- tions for the lands zoned AE -1 as contained in Ordinance 94-6, attached hereto as Exhibit A. Section 2. The City of Parkland hereby finds that the Supervisor of Elections has approved of said referendum election and requests that the Supervisor of Elections file with the Secretary of State a written plan for the conduct of said election and take such other steps as are deemed necessary in order to conduct a mail ballot in accordance with Florida law for the question as set forth herein. EXHIBIT A ORDINANCE NO. 94 - 5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PARKLAND AMENDING THE AE -1 CLASSIFICATION AND RESTRICTIONS, SPECIFI- CALLY AMENDING SECTION 22-30(4) TO ELIMINATE VARIOUS AGRI- CULTURAL AND HORTICULTURAL USES; SECTION 22-30(6)TO ELIMIN- ATE THE RAISING OF FISH; CONTAINING A PROVISION FOR NON- CONFORMING USES TO CONTINUE UNTIL ABANDONED; LIMITING ACCESSORY USES; ELIMINATING REFERENCE TO CETY DEED RESTRIC- TIONS CONTAINED IN SECTION 22-36; CONTAINING A PROVISION THAT THIS ORDINANCE BECOME EFFECTIVE UPON APPROVAL BY 80% OF THE ELECTORS RESIDING ON THE LANDS ZONED AE -1; CONTAIN- ING A SEVERABILITY CLAUSE; CONTAINING A PROVISION FOR IN- CLUSION IN THE CITY CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, AS FOLLOWS: Section 1. That Division 2. AE -1 Classification and Restric- tions is hereby amended to read as follows: Sec. 22-29 Zoning classification. The AE -1 zoning classification is intended to apply to areas designated for single-family dwellings on plots of at least two and one-half (2-1/2) acres in size. The classification is also intended to allow the limited agricultural use of property within its bounda- ries. All land now or hereafter included in the city is hereby zoned and designated for single-family use unless otherwise specifically zoned. Sec. 22-30 Uses permitted. No building or structure or part thereof shall be erected, al- tered or used, or land or water used, in all or in part, for other than one (1) or more of the following specified uses: (1) (2) One -family dwellings of a minimum of one thousand five hundred (1,500), together with such outbuildings as may be required for residential or agricultural use, on a plot of at least two and one-half (2-1/2) acres in area. No outbuilding or other accessory building shall be constructed until commencement of the residence which it serves as an outbuilding. Home occupation and office of a doctor, dentist, lawyer, architect, engineer or similar professional office utilizing not over twenty-five (25) percent of the floor space of a one -family dwelling occupied by the operator of the home occupation or by the professional man. ORDINANCE NO. 94 - 5 Page 2 (3) (4) (5) (4) f6} (7) (5) EXHIBIT A Publicly owned or operated buildings and uses, including community buildings, public parks, playgrounds and beaches, but excluding dumps, sanitary fills or incinerators. breve; produce farm truck garden; horticultural farming;. botanical garden; floriculture; nursery; cern raising; hydro- ponic garden; greenhouse; s3atheuse; forestry and beekeep- ing= Cattle or stock raising, boarding stables, raising of poultry or sheep. Raising of fish - Uses accessory to any of the above uses when located en the same pieta including A guest house for gratuitous guests and servants quarters. Sec.22-31. Size of plot. Every plot shall be not less than two and one-half (2-1/2) acres in area. Sec.22-32. Plot coverage. The combined area occupied by all buildings and roofed structures shall not exceed twenty (20) percent of the area of the plot. Sec.22-33. Building restrictions. No building, fence, wall, pole or other structure shall be erect- ed, placed or permitted to remain on any building, lot or parcel until the building plans and specifications meet the following criteria: Solid fence shall be limited to five (5) feet in height within ten (10) feet of property lines and shall not be over seven (7) feet in height within twenty (20) feet of the property lines. Shrubbery and living fences shall also comply with these provisions. Trees shall be permitted on the property lines provided there is sufficient space between the trees to permit the free flow of air. -Any person who constructs a culvert on any canal must construct a culvert not less than forty-eight (48) inches on the side canals and sixty (60) inches on the main canal. The main canal is defined as that canal detailed on the map attached hereto and on file in the office of the city clerk. Sec. 22-34. Setback requirements. All buildings or shelters of any kind, exclusive of walls and fences, shall be set back at least fifty (50) feet from the front and EXHIBIT A ORDINANCE NO. 94 - 5 Page 3 rear property line and seventy-five (75) feet from the side line of any residential property unless the structure is a garage or other outbuilding located at least fifty (50) feet from the front line of said property; in which event, such structure may be placed within but not nearer than twenty-five (25) feet to the side or rear of said property. Sec. 22-35. Prohibited uses. (a) No mobile home, being defined as a vehicle which wouldbear an MH series tag if licensed, shall be permitted on any lot or parcel; and no recreational vehicle or trailer shall be occupied at any time nor used for sleeping, eating or other living purposes within the city at any time, except that, upon registration with the building depart- ment and payment of a fee to said department, temporary occupancy of a recreational vehicle may be permitted for no longer than two (2) weeks out of any year. No temporary structure of any kind whatsoever shall be used as a residence, temporary or otherwise. (b) No grazing or obnoxious animals, such as hogs, goats, etc. (other than for personal consumption) are permitted. (c) Any business, commercial or industrial use not specifically permitted under those uses listed under Section 22-30 above. Sec. 22-36. Nonconforming uses. All uses not in conformance with this division, except subsection 22-35(a), are hereby declared to be nonconforming uses and may contin- ue until abandoned. for a period ef five f5) years or until the present owner ef the property transfers the sestet wheret:pen; the non- conforming use shall cease forthwith; and prevtded; farther= that ne use which violates the deed restrictions ef the etby shall be deemed a lawful neneenfermtng ase. - Sec. 22-37. Variances. Variances for a limited term to be set in each case by the city commission, may be granted by a four-fifths (4/5) majority of the commission only upon application and a clear showing that the public health, safety, welfare and morals are served thereby in the sole dis- cretion of the commission whose decision shall be final. Section 2. This ordinance shall become effective upon approval at a referendum election by 80% of the electors residing on the lands zoned AE -1 in the City of Parkland at the Referendum election provided for in City of Parkland Resolution No 94-15. EXHIBIT A ORDINANCE NO. 94 - 5 Page 3 rear property line and seventy-five (75) feet from the side line of any residential property unless the structure is a garage or other outbuilding located at least fifty (50) feet from the front line of said property; in which event, such structure may be placed within but not nearer than twenty-five (25) feet to the side or rear of said property. Sec. 22-35. Prohibited uses. (a) No mobile home, being defined as a vehicle which would bear an 141! series tag if licensed, shall be permitted on any lot or parcel; and no recreational vehicle or trailer shall be occupied at any time nor used for sleeping, eating or other living purposes within the city at any time, except that, upon registration with the building depart- ment and payment of a fee to said department, temporary occupancy of a recreational vehicle may be permitted for no longer than two (2) weeks out of any year. No temporary structure of any kind whatsoever shall be used as a residence, temporary or otherwise. (b) No grazing or obnoxious animals, such as hogs, goats, etc. (other than for personal consumption) are permitted. (c) Any business, commercial or industrial use not specifically permitted under those uses listed under Section 22-30 above. Sec. 22-36. Nonconforming uses. All uses not in conformance with this division, except subsection 22-35(a), are hereby declared to be nonconforming uses and may contin- ue until abandoned. for a period of five f5)- years er until the present owner of the property transfers the samet whereipen; the non- conforming use shall cease forthwithT and provided; farther; that ne use whieh violates the deed restrictions of the city shall be deemed a lawful nonconforming use.: Sec. 22-37. Variances. Variances for a limited term to be set in each case by the city commission, may be granted by a four-fifths (4/5) majority of the commission only upon application and a clear showing -that the public health, safety, welfare and morals are served thereby in the sole dis- cretion of the commission whose decision shall be final. Section 2. This ordinance shall become effective upon approval at a referendum election by 80% of the electors residing on the lands zoned AE -1 in the City of Parkland at the Referendum election provided for in City of Parkland Resolution No 94-15. EXHIBIT A ORDINANCE NO. 94 - 5 Page 4 Oection 3. Upon this ordinance becoming effective, all other ordinances or portions thereof which are inconsistent herewith, are repealed to the extent of any such inconsistency. Section 4. If any word, phrase, clause, sentence, or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. Section 5. It is the intention of the City Commission and it is hereby ordained that, upon adoption as provided for in Section 2 the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Parkland, Florida, and the Sec- tions of this Ordinance may be renumbered to accomplish such intent. PASSED AND 1994. PASSED AND 1994. ATTEST: ADOPTED ON FIRST READING THIS 2 DAY OF MARCH ADOPTED ON SECOND READING THIS 20 DAY OF APRIL SUSAN ARMSTRONG, C.M.0 ITYCLERK CODING: Words in underscore are additions to and words through are deletions from existing City Code. struck