The following boards and agencies are created to administer the provisions of this Code under the authority prescribed by this Code and Florida law.

The Department is generally responsible for providing the staff services necessary to implement this Land Development Code. The Department shall have the authority and responsibility granted to it herein, and shall exercise such authority and carry out such responsibility reasonably and in a manner that effectuates the intent of the County Commission in adopting this Code.

Editor's note— Ord. No. 04-27, § 2, adopted June 10, 2004, repealed § 9.01.02, which pertained to permit services center. See also the Ordinance Disposition Table.

Editor's note— Ord. No. 21-24, § 2(Exh. A), adopted June 16, 2021, effective June 22, 2021, repealed § 9.01.03, which pertained to the Flood Damage Control Administrator, and derived from the original Code.

A. Establishment

There is hereby created the position of Hillsborough County Land Use Hearing Officer.

B. Appointment and Removal

1.

The Board of County Commissioners shall appoint one or more Land Use Hearing Officer(s) from among three or more persons recommended for each position by the Administrator. Should the Board of County Commissioners appoint more than one Land Use Hearing Officer, the terms of office shall be appropriately staggered and applications shall be equally assigned to Land Use Hearing Officers by a confidential rotation system.

2.

Each Land Use Hearing Officer shall be appointed for a definite term of office, not to exceed four years, and may be reappointed at the conclusion of any term.

3.

A Land Use Hearing Officer shall be removed only for cause by the Board of County Commissioners. Cause for removal of a Land Use Hearing Officer shall include, but not be limited to, violations of these standards set forth in the Code of Judicial Conduct, adopted by the Florida Supreme Court.

C.\Qualifications

1.

A Land Use Hearing Officer shall be appointed solely with regard to the qualifications for the duties of the office.

2.

A Land Use Hearing Officer shall have a degree in planning or interrelated professional field, with at least three years of professional experience in planning or shall have a degree in architecture, engineering or law and shall have been licensed to practice in Florida for at least three years in his respective profession.

3.

A Land Use Hearing Officer shall not hold other appointive or elective office or position in government during his term.

4.

A Land Use Hearing Officer shall not be an employee of Hillsborough County.

D.\Compensation

The Land Use Hearing Officer shall be compensated for his services from the general revenue funds of the County. The Board of County Commissioners shall set the compensation.

E.\Custody of Books and Papers

The Clerk of the Board of County Commissioners shall maintain a file of all papers submitted to him and shall have the official custody of the application, the Land Use Hearing Officer's findings and recommendation, and the record of all proceedings regarding the application. All such files shall be open to inspection by any person at reasonable times, under reasonable conditions, and under supervision by the custodian of such files or his designee. Any costs of reproduction shall be paid by the persons requesting copies of said documents.

F.\Financial Disclosure

Each person appointed as Land Use Hearing Officer shall be subject to the provisions of Section 112.3145, Florida Statutes, insofar as they relate to local officers. Such disclosure shall be filed with the Supervisor of Elections. The failure to comply with the provisions of this subsection shall constitute just cause for removal from office.

G.\Powers and Duties

1.

The Land Use Hearing Officer shall have all powers necessary to conduct the hearings assigned to the Land Use Hearing Officer by this Code.

2.

The Land Use Hearing Officer shall have the power to issue notices of hearings and subpoenas requiring the attendance of witnesses and production of evidence, and the power to administer oaths and take testimony and evidence as provided in this Code.

3.

It shall be the duty of the Land Use Hearing Officer to inquire fully into the facts of each case. In addition to the powers described above, the Land Use Hearing Officer shall have the following powers and duties with respect to such cases:

a.

To receive stipulations of fact, agreed to in writing, by the participants. Such stipulations, if filed, shall be regarded and used as evidence at such public hearing. A Land Use Hearing Officer may, nevertheless, require such additional evidence as he may deem necessary. However, a Land Use Hearing Officer shall not become an advocate for any participant in any zoning case, nor shall a Land Use Hearing Officer impose his theory of the case upon any participant during the hearing.

b.

To accept in lieu of originals, true copies of such documentary evidence as may be offered.

c.

To request printed or written briefs to be filed on behalf of any of the participants in such hearings. Such briefs shall contain an abstract of the evidence and also the arguments relied on by the participant filing the same. Briefs, when requested, shall be prepared and filed with the Land Use Hearing Officer within such time or times, and under such regulations, as to service of copies thereof upon the other participants, as the Land Use Hearing Officer may prescribe. The above described request shall be filed on forms available from the Administrator.

d.

To dispose of procedural requests or similar matters including motions to modify and motions to consolidate applications.

e.

To call, examine and cross-examine witnesses and to introduce into the record all relevant evidence.

f.

To keep a record of all persons requesting notice of the decision in each case.

g.

To receive oral testimony presented by all interested individuals.

h.

To visit the property which is the subject matter of the application.

H.\Statement of Freedom from Improper Influence

1.

No person who is or may become a party of record before the Land Use Hearing Officer nor anyone appearing on behalf of a party of record before the Land Use Hearing Officer shall communicate ex parte with any Land Use Hearing Officer about an application currently before him.

2.

No member of the Board of County Commissioners shall communicate ex parte with any Land Use Hearing Officer about an application currently before him. Communication between the Land Use Hearing Officer and the Board of County Commissioners acting as a collegial body shall be undertaken in accordance with the terms of this Code.

3.

In order to assure that the Land Use Hearing Officers are free from improper influence, a Land Use Hearing Officer shall neither initiate nor consider ex parte communications concerning a pending or impending application. A Land Use Hearing Officer, however, may obtain the advice of a disinterested expert other than another Land Use Hearing Officer on law, planning, or zoning applicable to a proceeding before him, if he gives notice to the parties of record of the person consulted and the substance of the advice, and affords the parties of record reasonable opportunity to respond.

4.

Whoever shall accept an appointment as a Land Use Hearing Officer and any firm with which he is or may become associated, is, for a period of one year from the date of termination as holder of such office, hereby expressly prohibited from acting as agent or attorney in any proceeding, application or matter before any commission, board, agent or other office of County government, involving property which was the subject of an application during the time such person was in office.

5.

Ex parte communications as contemplated herein shall not include the required transmission of official documents by staff pursuant to the terms of this Code.

I.\Disqualification of Land Use Hearing Officer in Particular Cases

The Land Use Hearing Officer shall disqualify himself from a particular case when it reasonably appears that he has a conflict of interest. When the Land Use Hearing Officer disqualifies himself, the case shall be randomly assigned to another Land Use Hearing Officer, if available. The Board of County Commissioners may request the County Attorney to provide an attorney otherwise qualified to sit as a Land Use Hearing Officer for an individual case where all hearing masters disqualify themselves.

(Ord. No. 01-30, § 2, 11-15-01)

A.

Generally

1.

The Board of County Commissioners shall appoint one or more Hearing Masters, all of whom shall be attorneys, preferably with experience in engineering or related technical fields. The Administrator shall submit recommended appointees to the Board of County Commissioners for consideration and appointment. Each Phosphate Mining Hearing Master is to be appointed for a term of not more than three years, provided that the terms of the original appointees may be staggered so that all terms do not expire simultaneously. A Phosphate Mining Hearing Master may be removed for cause by the Board of County Commissioners. Phosphate Mining Hearing Masters shall be compensated from phosphate severance tax proceeds received from the State of Florida pursuant to Chapter 211, Fla. Stat., at a rate to be determined by the Board of County Commissioners.

2.

No person who is or may become a party of record before a Phosphate Mining Hearing Master, nor anyone appearing on behalf of a party of record before a Phosphate Mining Hearing Master, shall communicate ex parte with any Phosphate Mining Hearing Master about a pending application.

B.

Hearings

1.

Hearings before the Phosphate Mining Hearing Master shall be held net in accordance with the schedule provided by the Administrator. All hearings shall be opened to the public. The Clerk to the Board of County Commissioners shall tape record the proceedings before the Phosphate Mining Hearing Master. A verbatim transcript of the proceedings shall be filed with the Clerk to the Board of County Commissioners.

2.

The participants before the Phosphate Mining Hearing Officer shall be the applicant, County agencies, proponents, and opponents, inclusive of the public and witnesses with relevant testimony. The proponent shall be defined as a participant in favor of the application, exclusive of the applicant; whereas, the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.

3.

The order of presentation shall be as follows:

a.

Applicant and witnesses; proposal: 15 minutes, plus an additional 15 minutes if requested by the applicant.

b.

Administrator; summary of the application, County staff and department findings: five minutes.

c.

Proponents; argument for the application: 15 minutes.

d.

Opponents; argument against the application: 15 minutes.

e.

Staff; amended recommendations, if any: five minutes.

f.

Applicant; rebuttal and summation: five minutes.

For good cause shown, the Phosphate Mining Hearing Master may grant additional time.

4.

To the maximum extent practicable, the hearings shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony. The Phosphate Mining Hearing Master may call and question witnesses as he deems necessary and appropriate. The Phosphate Mining Hearing Master shall decide all questions of procedure.

5.

Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form and all testimony shall be under oath.

C.

Powers

1.

The Phosphate Mining Hearing Master shall conduct public hearings with regard to all applications for operating permits, amendments to operating permits, operating permit transfers, mining and mining related activities, as described in 8.02.00, and waivers from the requirements of 8.02.00, and shall issue a recommendation to the Board of County Commissioners as to whether such permit, approval or waiver should be approved or denied based on the criteria set forth in 8.02.00. The Phosphate Mining Hearing Master shall make a recommendation as to issues of vested rights when raised by an applicant within the context of any application, where based on a final unexpired Vested Rights Special Use Permit, Development of Regional Impact Development Order, or a Binding Letter of Vested Rights issued by the state land planning agency, or such other vested rights issues as the Board may from time to time authorize.

2.

The Phosphate Mining Hearing Master shall have the power to issue notices of hearings, to administer oaths, and to take testimony and evidence as necessary.

3.

It shall be the duty of the Phosphate Mining Hearing Master to inquire fully into the facts of each case. In addition to the powers described above, the Phosphate Mining Hearing Master shall have the following powers and duties with respect to such cases:

a.

To receive stipulations of fact agreed to in writing by the participants, which shall be regarded and used as evidence at the public hearing. A Phosphate Mining Hearing Master may, nevertheless, require such additional evidence as he may deem necessary.

b.

To accept true copies of such documentary evidence as may be offered in lieu of originals.

c.

To request written briefs to be filed on behalf of any of the participants in such hearings. Such briefs shall be filed with the Phosphate Mining Hearing Master within such timeframes as the Phosphate Mining Hearing Master may prescribe, with a copy served on the Director of Planning and Development Management and such other participants as the Phosphate Mining Hearing Master may designate.

d.

To request the submittal of additional evidence from the applicant, staff or other reviewing agencies, and may continue the hearing on the application until the next regularly scheduled meeting of the Phosphate Mining Hearing Master in order to receive the requested information.

e.

To visit the property which is the subject of the application.

D.

Conflict of Interest

1.

The Phosphate Mining Hearing Master shall disqualify himself from a particular case when it reasonably appears that he has a conflict of interest. When the Phosphate Mining Hearing Master disqualifies himself, the case shall be randomly assigned to another Phosphate Mining Hearing Master, if available. The Board of County Commissioners may request the County Attorney to provide an attorney otherwise qualified to sit as a Phosphate Mining Hearing Master for an individual case when all such Phosphate Mining Hearing Masters disqualify themselves.

2.

Whoever shall accept an appointment as a Phosphate Mining Hearing Master and any firm with which he is or may be associated, is for a period of one year from the date of termination as holder of such office, hereby expressly prohibited from acting as agent or attorney in any proceeding, application or matter before any commission, board, agency or other office of county government, involving property which is the subject of an application during the time such person was in office.

E.

Custody of Books and Papers

The Clerk of the Board of County Commissioners shall maintain a file of all papers submitted to him and shall have the official custody of the application, the Phosphate Mining Hearing Master's findings and recommendations, and the record of all proceedings regarding the application. All such files shall be opened to inspection by any person at reasonable times, under reasonable conditions, and under the supervision of the custodian of such files or his designee. Any cost of reproduction shall be paid by the persons requesting copies of said documents.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 08-29, § 2, 2-1-09)

A.

Appointment, Term, Removal, Compensation

1.

The Board of County Commissioners shall appoint no less than three and no more than five Special Masters, each of whom shall be a resident of the state and possess experience and expertise in mediation and at least one of the following disciplines and a working familiarity with the others: land use and environmental permitting, land planning, land economics, local and state government organization and powers, and the law governing the same.

2.

The County Administrator shall submit recommended appointees to the Board of County Commissioners for consideration and appointment. Each Special Master is to be appointed for a term of not more than four years, provided that the terms of the original appointees may be staggered so that all terms do not expire simultaneously. Members shall be removable for cause by the Board of County Commissioners. Special Masters shall be compensated at a rate to be determined by the Board of County Commissioners.

B.

Ex Parte Contacts

No person who is or may become a qualified participant before the Special Master nor anyone appearing on behalf of a qualified participant before the Special Master shall communicate ex parte with any Special Master about an application currently before him.

C.

Conflict of Interest

1.

Whoever shall accept an appointment as a Special Master and any firm with which he is or may become associated, is, for a period of one year from the date of termination as holder of such office, hereby expressly prohibited from acting as agent or attorney in any proceeding, application or matter before any commission, board, agent or other office of County government, involving property which was the subject of an application during the time such person served as Special Master.

2.

During the term of his or her appointment, a Special Master shall not hold any other employment or contractual relationship whatsoever with the County, its municipalities, or any other governmental agency within the County.

A.

Generally.

1.

The Board of County Commissioners shall appoint one or more Hearing Masters, all of whom shall be attorneys, preferably with experience in engineering or related technical fields. Phosphate Mining Hearing Masters may serve as Wellhead Hearing Masters. The Administrator shall submit recommended appointees to the Board of County Commissioners for consideration and appointments. Each Wellhead Hearing Master is to be appointed for a term not more than three (3) years, provided that the terms of the original appointees may be staggered so that all terms do not expire simultaneously. A Wellhead Hearing Master may be removed for cause by the Board of County Commissioners. Wellhead Hearing Masters shall be compensated from the general revenue funds of the County, at a rate to be determined by the Board of County Commissioners.

2.

No person who is or may become a party of record before a Wellhead Hearing Master, nor anyone appearing on behalf of a party of record before a Wellhead Hearing Master, shall communicate ex parte with any Wellhead Hearing Master about a pending application.

B.

Hearings.

1.

Hearings before the Wellhead Hearing Master shall be held not less than monthly. All hearings shall be opened to the public. The Clerk to the Board of County Commissioners shall tape record the proceedings before the Wellhead Hearing Master. A verbatim transcript of the proceedings shall be filed with the Clerk to the Board of County Commissioners.

2.

The participants before the Wellhead Hearing Officer shall be the applicant, County agencies, proponents, and opponents, inclusive of the public and witnesses with relevant testimony. The proponent shall be defined as a participant in favor of the application, exclusive of the applicant; whereas the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.

3.

The order of presentation shall be as follows:

a.

Applicant and witnesses; proposal: Fifteen (15) minutes, plus an additional fifteen (15) minutes if requested by the applicant.

b.

Administrator; summary of the application, County staff and department findings: Five (5) minutes.

c.

Proponents; arguments for the application: Fifteen (15) minutes.

d.

Opponents; argument against the application: Fifteen (15) minutes.

e.

Staff; amended recommendations, if any: Five (5) minutes.

f.

Applicant; rebuttal and summation: Five (5) minutes.

For good cause shown, the Wellhead Hearing Master may grant additional time.

4.

To the maximum extent practicable, the hearings shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony. The Wellhead Hearing Master may call and question witnesses as he deems necessary and appropriate. The Wellhead Hearing Master shall decide all questions of procedure.

5.

Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Any part of the evidence may be received in written form and all testimony shall be under oath.

C.

Powers.

1.

The Wellhead Hearing Master shall conduct public hearings with regard to applications for prohibited uses or expansion of existing prohibited uses in a Wellhead Resource Protection Area or a Surface Water Resource Protection Area, and shall issue a recommendation to the Board of County Commissioners as to whether a Prohibited Use Operating Permit should be approved or denied based on the criteria set forth in 3.05.07. The Wellhead Hearing Master shall make a recommendation to the Board of County Commissioners regarding the impact of the activity on public potable water supply wells, the public potable water supply system or surface waters.

2.

The Wellhead Hearing Master shall have the power to issue notices of hearings, to administer oaths, and to take testimony and evidence as necessary.

3.

It shall be the duty of the Wellhead Hearing Master to inquire fully into the facts of each case. In addition to the powers described above, the Wellhead Hearing Master shall have the following powers and duties with respect to such cases:

a.

To receive stipulations of fact agreed to in writing by the participants, which shall be regarded and used as evidence at the public hearing. A Wellhead Hearing Master may, nevertheless, require such additional evidence as he may deem necessary.

b.

To accept true copies of such documentary evidence as may be offered in lieu of originals.

c.

To request written briefs to be filed on behalf of any of the participants in such hearings. Such briefs shall be filed with the Wellhead Hearing Master within such timeframes as the Wellhead Hearing Master may prescribe, with a copy served on the Director of Planning and Development Management and such other participants as the Wellhead Hearing Master may designate.

d.

To request the submittal of additional evidence from the applicant, staff or other reviewing agencies, and may continue the hearing on the application until the next regularly scheduled meeting of the Wellhead Hearing Master in order to receive the requested information.

e.

To visit the property which is the subject of the application.

4.

The Wellhead Hearing Master shall have all powers necessary to conduct the hearings for appeals of administrative permits issued under Section 3.05.08. The applicability, notice requirements, referral requirements, conduct of hearing, decision of hearing officer, authority of hearing officer and finality of decision will follow the procedures set forth in 10.05.00 of this Code.

D.

Conflict of interest.

1.

The Wellhead Hearing Master shall disqualify himself from a particular case when it reasonably appears that he has a conflict of interest. When the Wellhead Hearing Master disqualifies himself, the case shall be randomly assigned to another Wellhead Hearing Master, if available. The Board of County Commissioners may request the County Attorney to provide an attorney otherwise qualified to site as a Wellhead Hearing Master for an individual case when all such Wellhead Hearing Masters disqualify themselves.

2.

Whoever shall accept an appointment as a Wellhead Hearing Master and any firm with which he is or may be associated, is for a period of one (1) year from the date of termination as holder of such office, hereby expressly prohibited from acting as agent or attorney in any proceeding, application or matter before any commission, board, agency or other office of county government, involving property which is subject of an application during the time such person was in office.

E.

Custody of books and papers.

The Clerk of the Board of County Commissioners shall maintain a file of all papers submitted to him and shall have the official custody of the application, the Wellhead Hearing Master's findings and recommendations, and the record of all proceedings regarding the application. All such files shall be opened to inspection by any person at reasonable times, under reasonable conditions, and under the supervision of the custodian of such files or his designee. Any cost of reproduction shall be paid by the persons requesting copies of said documents.

(Ord. No. 04-27, § 2, 6-10-04)

All citizen boards created to administer this Code shall be governed by the following provisions.

A.

Board Membership And Officers

1.

Each board shall have seven members appointed by the Board of County Commissioners.

2.

Each member shall reside in Hillsborough County.

3.

Each member shall be appointed to a three year term. Initial appointments shall be as follows: two members shall be appointed for a term of one year, two members shall be appointed for a term of two years, two members shall be appointed for a term of three years, and one member shall be appointed for a term of four years.

4.

Except as otherwise provided in this Part, a member may be reappointed for a second consecutive term, but, after two consecutive terms, a member shall not be eligible for reappointment until one calendar year has elapsed from date of termination of the second term.

5.

When a position becomes vacant before the end of the term, the County Commission shall appoint a replacement to fill the vacancy for the duration of the vacated term. A member whose term expires may continue to serve until a successor is appointed and qualified.

6.

Members may be removed for reasonable cause by a majority vote of the County Commission after fair and adequate written notice to the member and a public hearing.

7.

The members of each board shall annually elect a chair and vice-chair from among the members and may create and fill other offices as the board deems needed. The chair shall be the spokesperson of the board. The vice chair shall serve in place of the chairman in case of absence or incapacity. In the event the office of the member who is chair becomes vacant, a new chair shall be elected by the board immediately after such vacancy is filled.

8.

Each board shall create whatever subcommittees it deems needed to carry out the purposes of the board. The chair of the board shall annually appoint the membership of each subcommittee from the members of the board.

9.

The Director shall appoint a county employee to serve as secretary to the board, recorder and custodian of all board records.

10.

Members shall not be compensated, but may be paid for travel and other expenses incurred on board business under procedures prescribed in advance by the County Commission.

11.

The County Commission shall appropriate funds to permit each board to perform its prescribed functions.

12.

If any member fails to attend three successive meetings the Board shall declare the member's office vacant and notify the County Commission.

B.

Board Procedures

1.

Each board shall adopt rules of procedure to carry out its purposes. All rules must conform to this Code, other county ordinances, and state law. Such rules, reviewed as to form and substance by the Office of the County Attorney, shall be adopted prior to the board taking any actions under this Code.

2.

Each board shall meet at least once each calendar month, unless canceled by the Board or its chair, and more often at the call of the chair or the County Commission. All meetings shall be open to the public.

3.

Each board shall keep minutes of its proceedings, indicating the attendance of each member, a complete summary of the evidence submitted to it, documents submitted to it and all official actions. A tape recording shall be made of all proceedings. The tape shall be maintained by the Clerk to the Board of County Commissioners. Any party appearing before the board shall be entitled to have a stenographer or court reporter make a record of the proceedings.

4.

Four members shall constitute a quorum.

5.

Each decision of a board must be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.

6.

No member shall participate in any proceeding before the Board where the member, the member's immediate family or any business associate of the member has a financial interest in the land or structure involved in the proceeding.

7.

The person acting as chair of a board is authorized to administer oaths to any witness in any matter coming before the appeals board and to compel the attendance of witnesses.

(Ord. No. 98-43, § 2, 7-17-98; Ord. No. 13-11, § 2(Exh. A)(Item B)(13-0306), 4-17-13)

A.

Establishment and Purpose

A Land Use Appeals Board is hereby established. Its purpose shall be to hear appeals from the Land Use Hearing Officer as provided for in this Code. See 10.05.02 of this Code.

B.

Special Membership Requirements

1.

Membership shall include the following, with no more than two persons being appointed from any one category. Initial appointments shall be in accordance with 9.03.01 of this Code.

a.

Attorney with at least five years of experience shall be an attorney practicing in Hillsborough County who shall have been admitted to The Florida Bar for not less than five years;

b.

Landscape Architect or Architect, registered to practice in the State of Florida;

c.

Business owner or operator in unincorporated Hillsborough County;

d.

Professional Planner with not less than three years of experience in land use planning or zoning in Hillsborough County;

e.

Civil or Environmental Engineer registered to practice in Florida;

f.

Member of a civic or neighborhood organization in unincorporated Hillsborough County;

g.

Developer active in development in Hillsborough County or a duly licensed general contractor (Class A) active in business in Hillsborough County.

2.

The Board of County Commissioners may appoint up to two alternate members to the Land Use Appeals Board to serve in the absence of a Land Use Appeals Board member. The alternates shall meet one of the qualifications listed in Section 9.03.02.B.1.

3.

The provision set forth in 9.03.01.A.4 that after two consecutive terms, a member shall not be eligible for reappointment until one calendar year has elapsed from the date of termination of the second term, shall not apply to the Land Use Appeals Board.

(Ord. No. 98-43, § 2, 7-17-98; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 04-27, § 2, 6-10-04; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 13-11, § 2(Exh. A)(Item B)(13-0306), 4-17-13)

A.

Establishment

A Flood Control Board is hereby established by Hillsborough County. This Flood Control Board shall be the Building Board of Adjustment, Appeals and Examiners.

B.

Duties

The Flood Control Board shall hear and decide:

1.

Requests for variances from requirements of the Flood Damage Control Regulations in Article III of this Code and the strict application of the flood resistant construction requirements of the Florida Building Code in accordance with the provisions of Sec. 9.03.03.C.

2.

Appeals when it is alleged there is an error in any requirement, decision or determination made by the Development Services Department or the Floodplain Administrator in the enforcement or administration of the Flood Damage Control Regulations in Article III of this Code.

3.

Referrals by the Floodplain Administrator when a person cited in an enforcement notice or stop work order pursuant to Part 3.06.00 or the flood provisions of the Florida Building Code fails to correct the violation as directed in the notice or order. The Flood Control Board may direct the Floodplain Administrator to take specific action, which may include submitting requests for the Federal Emergency Management Agency to deny the availability of flood insurance coverage pursuant to Section 1316, Flood Insurance Act of 1968, as amended.

C.

Deliberation of Variances by the Flood Control Board

The Flood Control Board deliberations of requests for variances shall be governed by this section.

1.

Limitations on authority to grant variances. The Flood Control Board shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 9.03.03.C.5 of this Part, the conditions of issuance set forth in Section 9.03.03.C.6 of this Part, and the comments and recommendations of the Floodplain Administrator and the Building Official. The Flood Control Board has the right to attach such conditions as it deems necessary to further the purposes and objectives of Part 3.06.00.

2.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway, including mounded septic systems and docks, if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in LDC Part 3.06.00.

3.

Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code.

4.

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this Part, provided the variance meets the floodway requirements of Section 9.03.03.C.2, is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood.

5.

Considerations for issuance of variances. In reviewing requests for variances, the Flood Control Board shall consider all technical evaluations, all relevant factors, all other applicable provisions of the Florida Building Code, this Part, and the following:

a.

The danger that materials and debris may be swept onto other lands resulting in further injury or damage;

b.

The danger to life and property due to flooding or erosion damage;

c.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners;

d.

The importance of the services provided by the proposed development to the community;

e.

The availability of alternate locations for the proposed development that are subject to lower risk of flooding or erosion;

f.

The compatibility of the proposed development with existing and anticipated development;

g.

The relationship of the proposed development to the comprehensive plan and floodplain management program for the area;

h.

The safety of access to the property in times of flooding for ordinary and emergency vehicles;

i.

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

j.

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

6.

Conditions for issuance of variances. Variances shall be issued only upon:

a.

Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this Part or the required elevation standards;

b.

Determination by the Flood Control Board that:

i.

Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;

ii.

The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and

iii.

The variance is the minimum necessary, considering the flood hazard, to afford relief;

c.

Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and

d.

If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property.

7.

Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures provided the requirements of this section are satisfied and:

(1)

A determination has been made that the proposed agricultural structure:

(a)

Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.

(b)

Has low damage potential (amount of physical damage, contents damage, and loss of function).

(c)

Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.

(d)

Is not located in a coastal high hazard area (Zone V/VE), except for aquaculture structures dependent on close proximity to water.

(e)

Complies with the wet floodproofing construction requirements of paragraph (2), below.

(2)

Wet floodproofing construction requirements.

(a)

Anchored to resist flotation, collapse, and lateral movement.

(b)

When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.

(c)

Flood damage-resistant materials are used below the base flood elevation plus one (1) foot.

(d)

Mechanical, electrical, and utility equipment, including plumbing fixtures, are elevated above the base flood elevation plus one (1) foot or meet the requirements of ASCE 24 Chapter 7 for attendant utilities and equipment.

(Ord. No. 21-24, § 2(Exh. A), 6-16-21, eff. 6-22-21)

A.

Duties

The Historic Resources Review Board (HRRB) shall have the following duties:

1.

The identification of buildings, sites and areas that it will recommend for designation as Landmarked Historic and Archaeological Resources, Landmark Sites, and Historic Districts.

2.

The maintenance of an inventory of the designated Landmarked Historic and Archaeological Resources, Landmark Sites, and Historic Districts.

3.

The regulation of demolitions, exterior alterations, additions, repairs, relocations or construction involving designated property, through the granting or denying of applications for Certificates of Appropriateness (COAs). The approval or disapproval of plans for buildings, structures, signs, and any such facilities or appurtenances thereto to be erected, renovated, or razed on Landmarks and within Historic Districts. The intent of this regulation is to ensure the perpetuation of the historic character of the Landmark, Landmark Site, or Historic Districts.

4.

The Development and adoption of guidelines for the granting or denying of COAs.

5.

The Establishment of Subcommittees of the HRRB to:

a.

Handle preliminary review of COAs;

b.

Identify historic buildings threatened with destruction and suggesting ways those buildings can be preserved;

c.

Work with owners to develop individual plans for the preservation and rehabilitation of their property;

d.

Review Historic and Archaeological Resources in Unincorporated Hillsborough County and make recommendations for Landmark designation; and

e.

Develop design guidelines for designated Landmarks.

6.

The HRRB shall have staff sufficient to carry out the duties and responsibilities as defined by these regulations. This work shall be performed by persons who have experience or training in historic preservation or a closely related field.

7.

The ability to work with and advise Federal and State Governments and other departments of County Government on matters pertaining to the Historic and Archaeological Resources of Hillsborough County.

8.

The review of the Land Development Code and other County regulations in order to recommend amendments that will promote the preservation of Historic and Archaeological Resources. The participation in the development of reasonable land use regulations to the extent necessary to preserve the historic integrity and ancient appearance of Landmarks and Landmark Sites wherever located and within any and all Historic Districts.

9.

The preparation and giving of testimony on variances or plans that will affect the preservation of Historic and Archaeological Resources.

10.

The review of proposed National Register nominations within its jurisdiction.

a.

When reviewing proposals or actions which will impact properties which are normally evaluated by a professional in a specific discipline and that discipline is not represented on the HRRB, professional expertise in the area shall be obtained prior to rendering a decision.

b.

Follow all review procedures required by Certified Local Government regulations when reviewing National Register nominations.

11.

The exercise of such other powers and performing such other duties as are required elsewhere by this Code, the Hillsborough County Code and the Florida Statutes.

B.

Special Membership Requirements

1.

The seven members and two alternate members of the HRRB shall be made up of professional and lay persons who reside in unincorporated Hillsborough County, with demonstrated interest, competence or knowledge in historic preservation.

2.

The professional members shall meet the following requirements:

a.

two architects, licensed to practice in the State of Florida, or one licensed architect and one architectural historian;

b.

one historian;

c.

one anthropologist, or archaeologist;

d.

one planner or landscape architect or real estate developer or broker, licensed to practice in the State of Florida.

3.

In addition, among the seven members at least one member shall be the owner of an historic property listed on the Florida Master Site File.

4.

At least one of the alternate members shall meet one of the requirements in 2 or 3, above.

5.

The provision set forth in 9.03.01.A.4 that after two consecutive terms, a member shall not be eligible for reappointment until one calendar year has elapsed from the date of termination of the second term, shall not apply to the Historic Resources Review Board.

(Ord. No. 00-21, § 2, 5-18-00; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 13-11, § 2(Exh. A)(Item B)(13-0306), 4-17-13)

Editor's note— Ord. No. 00-21, § 2, adopted May 18, 2000, repealed § 9.03.05, which pertained to the Historic Tampa-Hillsborough County Preservation Board. See the Table of Amendments.

Editor's note— Ord. No. 05-10, § 2, adopted June 16, 2005, repealed § 9.03.06, which pertained to the sign appeals board. See also the Table of Amendments.

Editor's note— Ord. No. 05-10, § 2, adopted June 16, 2005, repealed § 9.03.07, which pertained to the natural resources and landscaping appeals board. See also the Table of Amendments.