§ 6.02.04. Additional restrictions on certain subdivisions.

The following restrictions are placed on certain subdivisions to reflect the deed restrictions originally placed on the lots in these subdivisions.

Section 6.02.04.1

All real property in the Venice Park subdivision of the City of Flagler Beach, Florida, as follows:

Lots 6, 7, 8 and 9 and Lots 13 to 24, inclusive of Block 68.

All of Block 70

All of Block 75

All of Block 77

Lots 2 to 7 inclusive, of Block 83, shall be subject to the following restrictions in addition to any restrictions imposed by this or other ordinances of the City of Flagler Beach, Florida.

(1)

No structure shall be erected, altered, placed or permitted to remain on any residential lot other than a one (1) detached single-family dwelling not to exceed two (2) stories in height with necessary utility or storage buildings and a private garage for automobiles.

(2)

No structure of a temporary character, trailer, tent, shack, garage, barn or other out building shall be used on any residential lot at any time as a residence either temporary or permanently, and no trailer home or house trailer, except recreational vehicles shall be permitted upon any residential lot whether or not used as a temporary or permanent residence.

(3)

The ground floor area of the main structure exclusive of one-story open porches and garages, shall be not less than eight hundred fifty (850) square feet for a one-story dwelling or not less than one thousand two hundred (1,200) square feet for a two-story dwelling.

(4)

No building shall be located on any lot nearer than twenty (20) feet to any side street line. All lots abutting on State Road No. 100, or the marginal access thereto and there from shall be deemed to front on such State Road No. 100.

(5)

No building shall be located nearer than seven and one-half (7½) feet to an interior lot line, and for the purpose of this ordinance, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot.

(6)

No noxious or offensive trade or activity shall be carried on upon any residential lot, nor shall any thing be done thereon which may be, or become an annoyance or nuisance to the neighborhood.

(7)

No bridges shall be built across any of the canals or lake shown on said amended plat of Venice Park, and no dock shall be built on any of the lots which dock will extend more than ten (10) feet out into any of the said canals or lake. It is intended by these provisions to keep each and every of said canals and lake open to water traffic to and from each of the lots abutting upon said canals or lake.

Section 6.02.04.2.

All real property in Blocks 1, 2 and 3 of the Palma Vista Subdivision of the City of Flagler Beach, Florida as recorded in Plat Book 5 pages 47 and 48 of the Public Records of Flagler County, Florida shall be subject to the following restrictions in addition to any restrictions imposed by this or other ordinances of the City of Flagler Beach, Florida.

(1)

All lots in the above described property shall be used only for residential purposes and no structure shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family dwelling not to exceed two (2) stories in height with necessary utility and storage buildings and a private garage, provided that detached garages shall be permitted if only one-story high.

(2)

No structure of a temporary character, trailer, house-car, basement, tent, shack, garage, barn or other out-building, shall be used on any lot at any time as a temporary or permanent residence. No house trailer or house-car shall be permitted upon any of the lots in the above described property, whether or not used as a temporary or permanent residence, except those designated as recreational vehicles.

(3)

The floor area of each residence, exclusive of garages and open porches shall not be less than nine hundred (900) square feet.

(4)

No building shall be located nearer than twenty-five (25) feet to the front boundary line or nearer than eight (8) feet to any side boundary line of a lot; when a building site or parcel comprises more than one (1) lot, no building shall be located nearer than eight (8) feet to any side boundary line of such building site or parcel. Buildings on lots abutting Daytona Avenue shall be no nearer than twenty-five (25) feet abutting said lot. For the purposes of this covenant and restriction, eaves and steps and open porches shall not be considered as part of a building; provided, however, that this shall not be construed to permit any portion of a building on one lot to encroach on another lot or part of a lot unless such other lot or part of lot, together with the first lot comprise a single residential building site.

(5)

No bridges shall be built across any of the canals shown on said plat of Palma Vista Subdivision and no dock shall be built on or from any of the lots in said property extending more than ten (10) feet into any of said canals, it being intended by this provision to keep each and every of said canals open to water-borne traffic to and from each of the lots abutting said canals. Citizens owning property along canals in Palma Vista Subdivision shall be permitted to construct internal dock spaces with boat lifts, providing that such docks do not extend into the canal in excess of twelve (12) feet. This ordinance prohibits the external tie up of any boats at such dock. Violations of this ordinance shall be considered a violation of the City Code punishable by fine or lien through the special magistrate or code enforcement board.

(Ord. No. 2009-13, § 13, 8-6-09)