This Article contains provisions relating to obtaining an interpretation of the provisions of this Code, obtaining relief from the operation of this Code under certain circumstances, and for enforcement of the provisions of this Code.

The Administrator shall have the authority to make all interpretations of the text of this Code and the Official Zoning Atlas.

A.

Initiation

An interpretation may be requested by any resident, landowner or any person having a contractual interest in land in unincorporated Hillsborough County.

B.

Submission of Request for Interpretation

Before an interpretation shall be provided by the Administrator, a Request for Interpretation shall be submitted to the Administrator in accordance with Section 9.1 of the Development Review Procedures Manual.

C.

Determination of Completeness

Within five working days after a Request for Interpretation has been received, the Administrator shall determine whether the request is complete. If the Administrator determines that the request is not complete, a written notice shall be served on the applicant specifying the deficiencies. The Administrator shall take no further action on the Request for Interpretation until the deficiencies are remedied.

D.

Rendering of Interpretation

Within 30 working days after a Request for Interpretation has been determined complete, the Administrator shall review and evaluate the request in light of the Comprehensive Plan, this Code text, the Official Zoning Atlas, and other statutes, codes, ordinances and regulations, whichever are applicable, consult with appropriate County Staff and the County Attorney, if so desired, and then render an interpretation.

E.

Form

The interpretation shall be in writing and shall be sent to the applicant by proof of mailing.

(Ord. No. 01-26, § 2, 9-12-01)

An interpretation by the Administrator may be appealed to the Land Use Hearing Officer pursuant to the procedures at 10.05.01.

A.

Intent and Purpose

In recognition of the fact that certain land development rights of property owners may be vested with respect to the Future of Hillsborough Comprehensive Plan, the land development regulations adopted to implement the Plan, and the requirements for the determination of capacity of public facilities and availability of public facilities ("Concurrency"), these regulations set forth a procedure for the determination of vested rights. Any person claiming vested rights to develop property shall make application for a Vested Rights Order pursuant to these regulations. Notwithstanding the foregoing, development specifically approved in a DRI development order is vested in accordance with Section 163.3167(8), Florida Statutes, (1987), and is exempt from the provisions of these regulations to the extent accorded by the Statutes and the development order.

B.

Effect of Vested Rights Order

1.

Possession of a Vested Rights Order shall enable a permittee to complete the development approved under such Development Order up to and through issuance of appropriate certificates of occupancy, subject to the limitations set forth in 11.02.04 C and subject to compliance with such laws and regulations against which the development is not vested.

2.

A Vested Rights Order shall apply to the land and is therefore transferrable from owner to owner of the land subject to the Order.

(Ord. No. 01-30, § 2, 11-15-01)

A.

General Standards

An application for a Vested Rights Order shall be approved if the applicant has demonstrated all of the following:

1.

The applicant:

a.

As to vesting for the Comprehensive Plan, owned the property proposed for development on July 26, 1989, the effective date of the Future of Hillsborough Comprehensive Plan; as to vesting for Concurrency and the land development regulations adopted to implement the Plan, owned the property on January 31, 1990; as to vesting for any Comprehensive Plan amendments adopted to implement the provisions of the proposed Settlement Agreement between Hillsborough County and D.C.A. approved by the Board of County Commissioners on October 3, 1989, (the "Settlement Agreement") owned the property prior to the date of such amendments;

b.

Entered into a contract or option to purchase the property on or before such date; or

c.

Presents facts such that it would be inequitable, unjust or fundamentally unfair to deny an application for vested rights where the applicant acquired ownership after such date; and

2.

There was a valid, unexpired act of an agency or authority of government upon which the applicant reasonably relied in good faith; and

3.

The applicant, in reliance upon the valid, unexpired act of government, has made a substantial change in position or has incurred extensive obligations or expenses; and

4.

It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant. In making this determination, Hillsborough County may consider a number of factors, including but not limited to:

a.

Whether construction or other development activity has commenced and is continuing in good faith.

b.

Whether the expense or obligation incurred cannot be substantially utilized for a development permitted by Hillsborough County's comprehensive plan and land development regulations.

B.

Eligibility of Certain Development Expenditures or Obligations

The following are not considered development expenditures or obligations in and of themselves, without more, unless the applicant was unable to obtain further approvals because of extraordinary delays, beyond the applicant's control:

1.

Expenditures for legal and other professional services that are not related to the design or construction of improvements.

2.

Taxes paid.

3.

Expenditures for initial acquisition of the land.

C.

Presumptive Vesting

Notwithstanding the criteria set forth in A and B above, possession of a valid, unexpired building permit, certificate of occupancy, Site Development Plan Approval or Subdivision Construction Plan Approval shall presumptively vest the development approved under such permit for the purposes of the Plan if issued prior to July 26, 1989; if issued prior to February 1, 1990, for purposes of the land development regulations adopted to implement the Plan and Concurrency; and, if issued prior to any Plan amendments adopted pursuant to the Settlement Agreement, for purposes of such amendments. Possession of an expired permit or approval issued prior to July 26, 1989, for purposes of the Plan, and prior to February 1, 1990, for purposes of the land development regulations, shall vest the development approved under such permit as indicated in this sentence, but shall not vest such development for Concurrency unless the permit or approval expired through no fault of the applicant and would have customarily been extended by the County. Such valid approvals or permits shall, in and of themselves, constitute sufficient evidence of compliance with the standards set forth in A and B above. Verification of such approvals or permits shall be made by the Director, or designee, of the County department that issued the approval or permit, and his statement of verification shall be included with the report to the Land Use Hearing Officer. If verified, the Hearing Officer shall rely on such statement of verification and issue the Vested Rights Order. Notwithstanding the foregoing, if the Land Use Hearing Officer determines that development proposed in the application would constitute an imminent peril to the public health, safety, or welfare, the application may be denied. Development authorized by the presumptive permit may proceed during the period between application and determination by the Land Use Hearing Officer.

D.

Section 380.06 Vested Rights

Developments of regional impact which are authorized under Chapter 380.06, Florida Statutes, (1987), pursuant to a valid, unexpired Binding Letter of Vested Rights issued by the state land planning agency, including approved modifications to such Binding Letter of Vested Rights (the "Binding Letter"), shall automatically qualify for a Vested Rights Order to be issued upon completion of the procedure set forth below in this paragraph. Such development order shall recognize the vesting of the development as set forth in the Binding Letter for purposes of the Plan, from the land development regulations adopted to implement the Plan, and from Concurrency. In lieu of 11.02.04 C 1 and 2 below, such vesting shall continue until development approved in the Binding Letter is complete or until the expiration or invalidation of the Binding Letter, whichever occurs first. Notwithstanding 11.02.04 C 3, a proposed change to a development vested hereunder shall be reviewed pursuant to the substantial deviation or change criteria provided for in Chapter 380.06, Florida Statutes, (1987). Any substantial deviation after January 31, 1990, shall cause those development rights that are the subject of such deviation to become subject to the Plan, the land development regulations adopted to implement the Plan, and Concurrency. The request for issuance of the Vested Rights Order shall consist of the Binding Letter, along with the master plan of development or similar document previously approved by the Board of County Commissioners. Such document shall be provided to the Department for verification of authenticity. The Administrator may require additional documents or materials necessary for the County to determine the extent of development vested and to estimate the capital improvements required by the development. Submission of the Binding Letter along with the appropriate master plan or similar document and any additional materials required by the Administrator shall entitle the development to a Vested Rights Order which shall be issued by the Land Use Hearing Officer upon receipt of verification by the Administrator of the authenticity and sufficiency of such submitted documents. DRI scale developments which are vested under Section 380.06, and for which a Binding Letter has not been issued shall qualify for a Vested Rights Order upon establishment, in accordance with the procedures set forth in this ordinance, that, prior to July 1, 1973, the County issued a building permit or other authorization to commence development and that in reliance on such permit or other authorization that there has been a change of position as required under the provisions of Section 380.06(20) Vested Rights; provided, however, in lieu of the limitations set forth in 11.02.04 C 1 such vesting shall continue until such development is complete or until the state land planning agency determines that such development is not entitled to be vested under Section 380.06, whichever occurs first.

E.

Deadlines for Filing Applications

1.

Applications for Vested Rights Order may be submitted to the Administrator prior to the initiation of Zoning Conformance for the Area in which the subject property is located.

2.

An application for a Vested Rights Order shall be filed within one year from the conclusion of the Zoning Conformance public hearings for the subject property. Except as provided in 3 and 4 below, failure to file an application within the required period will constitute an abandonment of any claim to vested rights. Judicial relief will not be available unless administrative remedies set forth in these regulations are exhausted, including the appeal of a vested rights determination to the Board of County Commissioners prior to the initiation of Zoning Conformance for the Area in which the subject property is located.

3.

If a property owner is absent from the State during the entire filing period, and does not have an agent present in the state during such period, such property owner may, with documentation sufficient to indicate a probable lack of notice, be granted leave by the Administrator to file an application within one year after the individual's return to Florida.

4.

Notwithstanding the provisions of 2 above, the Board of County Commissioners may, in extraordinary circumstances, allow a property owner to submit an application after the one year deadline where such extension is necessary to avoid undue hardship to the property owner.

5.

With respect to any Comprehensive Plan Amendment adopted by the Board of County Commissioners on after July 26, 1989 (the "Amendment") the application deadline set forth in 2 above is extended to one year from the adoption date of the Amendment for properties adversely affected by such Amendment. With respect to applications filed under this extended deadline only, the adoption date of the subject Amendment shall be substituted for July 26, 1989, for purposes of the Standards for Vested Rights set forth in 11.02.02 A and the Presumptive Vesting provisions of 11.02.02 C. In order to be eligible for this extended filing deadline, an applicant shall not have previously applied for a Vested Rights Order for the property that is the subject of the application.

A.

Generally

Except as specifically provided below, an application for a Vested Rights Order shall be reviewed pursuant to the Procedure for Issuance of a Development Order at 10.02.00 of this Code, except as described below, and in accordance with Section 5.2.3 of the Development Review Procedures Manual.

B.

Nonconforming Lots

Nonconforming lots to include lots, tracts or parcels which due to size, dimension or other characteristics do not comply with the provisions of this Code. However, per Sec. 11.03.01.D.1, certain lots not meeting current Minimum Lot Sizes by Available Utilities requirements (Sec. 6.01.06) are considered legally conforming.

(Ord. No. 00-21, § 2, 5-18-00; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 09-62, Item O, 10-26-09, eff. 2-1-2010)

A.

Compliance with Vested Rights Order

1.

All development subject to a Vested Rights Order must be consistent with the terms of the development approval(s) upon which the Order was based. Any substantial deviation from a prior approval, except a deviation required by governmental action, shall cause the development involved to be subject to the policies and implementing decisions and regulations set forth in the Future of Hillsborough Comprehensive Plan, including Concurrency.

2.

It is understood, however, that non-site planned approvals may allow for some flexibility in development scenarios. The Administrator shall determine whether a proposed change is a substantial deviation in light of the following criteria:

a.

Any change in use or intensity that would increase the development's impacts on those public facilities subject to Concurrency by more than five percent.

b.

Any change in access to the project that would increase the development's transportation impacts by more than five percent on any Regulated Roadway, unless the access change would result in an overall improvement to the transportation network.

3.

Except for changes that meet the criteria of 1 and 2 above, proposed changes shall not cause the development approved under the Vested Rights Order to become subject to Concurrency, but, to the extent feasible, shall cause such development to become subject to the land development regulations adopted to implement the Plan.

4.

The permittee may appeal a substantial deviation determination pursuant to the provisions of 10.05.01.

B.

Revocation

Notwithstanding anything in these regulations to the contrary, a vested rights determination may be revoked upon a showing by the County of a peril to public health, safety or general welfare of the residents of Hillsborough County unknown at the time of approval.

C.

Duration and Extension of Vested Rights Order

1.

Upon either the expiration of seven (7) years after the issuance of an original Vested Rights Order or upon the expiration of any previously approved extension of a Vested Right Order, the issuance of development permits for the property subject to the Vested Rights Order shall be subject to the requirements for the determination of capacity of public facilities and the availability of public facilities. Notwithstanding the foregoing, prior to the expiration of the time period set forth in the Vested Rights Order, the applicant or his successor in interest may petition the Hearing Officer in accordance with Section 5.2.4 of the Development Review Procedures Manual for an extension of such time period, not to exceed a maximum of two (2) years at any one time. In reaching a decision the Hearing Officer shall consider whether the development is continuing in good faith and whether a denial of the request would cause an inequitable, unjust, or fundamentally unfair result.

a.

When an extension request is found to be justified by the Hearing Officer based on the foregoing criteria, it is the intent of this Section that the extension shall run to the benefit of all land subject to the original Vested Rights Permit.

b.

In extraordinary circumstances, the Board of County Commissioners may allow a property owner to submit an application for extension of a Vested Rights Order after the expiration of said Order where the submission of an application is necessary to avoid undue hardship.

2.

Significant development activity in light of the approved development time frame or receipt by the applicant of one or more of the following types of permits or approvals in the preceding year shall constitute sufficient evidence of "continuing in good faith":

a.

Building Permit;

b.

Site Development Plan Approval or not more than one renewal of each Site Development Plan Approval;

c.

Subdivision Construction Plan Approval or not more than one renewal of each Subdivision Construction Plan Approval;

d.

Final Plat Approval;

e.

Such other permits or approvals as shall evidence that development has commenced and in continuing in good faith.

f.

Substantial professional marketing, financing, legal, architectural, engineering, land use planning, or similar activities in furtherance of the project.

Notwithstanding any provisions of this Land Development Code to the contrary, the decision of the Hearing Officer on extension requests shall constitute final administrative action and, therefore, appeals of Vested Rights extension requests shall be to Circuit Court, in accordance with applicable Florida Rules of Court.

3.

With respect to the Land Development Code Amendment adopted by the Board of County Commissioners on June 19, 1997, providing a limitation of a two year extension by the Vested Rights Hearing Officer, any Vested Rights Special Use Order that would have otherwise expired during the review of said amendment, or 60 days from the effective date of said amendment provided application is made prior to January 31, 1998, shall be administratively reinstated as a matter of right for the purpose of making application for extension as stated in Subsection C.1. above.

With respect to the Land Development Code Amendment adopted by the Board of County Commissioners on December 18, 1997, eliminating the 60 day prior to expiration requirement for filing an extension request, any applicant denied an extension prior to December 18, 1997 solely on the basis of failure to apply for said extension 60 days prior to expiration, may have the application for extension administratively reinstated as a matter of right.

(Ord. No. 97-6, § 2, 6-19-97; Ord. No. 97-18, § 2, 12-18-97; Ord. No. 98-43, § 2, 7-17-98; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 09-53, Item J, 6-11-09, eff. 10-1-09; Ord. No. 16-13, § 2(Exh. A), 6-16-16, eff. 7-30-16)

A.

Intent

1.

Within the zoning districts established by the Land Development Code, or amendments that may be later adopted, there may exist lots, structures, uses of land, water and structures, and characteristics of land which were lawful before this Code was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this Code or future amendments. It is the intent of these provisions to permit these nonconformities to continue until they are voluntarily removed or otherwise brought into compliance with this Code, but not to encourage their survival unless specifically authorized by these regulations. It is also the intent of these regulations to set forth a certification process for lots and detached single family residences created prior to July 26, 1989. It is further the intent of the Land Development Code that the nonconformities shall not be enlarged upon, expanded, intensified or extended, nor be used as grounds for adding other structures or uses otherwise prohibited by the Code, except as provided herein.

2.

Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. Such nonconforming uses shall not be intensified, enlarged or expanded unless specifically authorized herein.

B.

Rights to Run With Land

All rights and obligations associated with nonconformities as defined herein shall run with the land and are not personal to the present ownership or tenant of the land, and are not affected by a change in ownership or tenancy.

C.

Vested and Previously Approved Projects

The provisions of this Code and any future amendments thereto shall not be deemed to require a change in the plans, construction or designated use of structures and/or land for valid, effective and lawful permits issued prior to the effective date of this Code provided:

1.

The development authorized by the permit has commenced prior to the effective date of this Code, or any future amendment thereto, as applicable or will commence after the effective date of this Code but prior to the permit's expiration or termination; and,

2.

The development continues without interruption in good faith until development is complete. In the event a lawfully issued permit expires, any further development shall conform to this Code, or any future amendments thereto, as applicable.

D.

Certain Lots and Uses Not To Be Considered Nonconforming

Any development that was authorized and permitted as a By Right Use, Conditional Use, Limited Use Specified Use or Special Use under previous Hillsborough County Land Development Regulations, and is not presently a prohibited use of the zoning district in which it is located under Section 2.02.02 of this Code as amended, shall be deemed a conforming use. This determination shall be made through a nonconforming use review requested by the property owner. Any enlargement, replacement or modification of such use shall be in accordance with the requirements of this Code as if the use were new.

1.

For zoning purposes, a lot which meets zoning dimensional area requirements but is made nonconforming by the November 18, 1999 LDC adoption of the Minimum Lot Sizes by Available Utilities regulation (Section 6.01.06) shall be considered a conforming lot.

2.

Notwithstanding the above, golf courses and clubhouses, as defined by this Code, that were a permitted use of their property's standard zoning classification and in operation on the effective date of May 25, 2022, and were lawfully established prior to that date, shall be deemed a conforming use without need for a nonconforming use review. Additionally, enlargement, replacement or modification of the golf course or clubhouse shall be allowed without need for rezoning to Planned Development, provided no additional land area is involved.

3.

Notwithstanding the above, vaping retail shops as defined by this Code that were a permitted use of their property's standard zoning classification and in lawful operation by June 13, 2024 shall be deemed a legal nonconforming use. This determination shall be made through submittal of a Determination of Nonconformity application by the property owner or operator of the vaping retail shop. The determination shall identify the maximum percentage of total monthly retail sales that may be derived from the sale of vaping products and, irrespective of the Section 11.03.06.J of this Code, the permitted sales percentage shall not be eligible for increase by the Board of County Commissioners.

E.

Basis for Decision

The determination of the Administrator shall be based on clear, substantial and convincing evidence regarding the nature, extent and date of establishment of the nonconformity. Such evidence may include but is not limited to deeds, property assessor records, permits, plan approvals, utility bills, aerial photographs, tax bills, vested rights determinations and other similar evidence. In the absence of such evidence, the Administrator may at his discretion rely upon affidavits from a property owner, adjoining property owners and other competent parties as the basis of determination.

F.

Interim Agricultural Uses

Notwithstanding the provisions of this Part, interim passive agricultural uses, as defined by this Code, shall be allowed prior to the development, site construction plan approval and/or final subdivision plat approval of parcels, or portions thereof, in standard zoning districts that prohibit agricultural uses, provided:

1.

The parcel was agriculturally zoned at the time of rezoning to its present district, or was part of a Planned Development where interim passive agricultural uses were permitted by condition of approval or under the provisions of Section 5.03.07.1.d of this Code; and,

2.

The agricultural activity will not impede development of other properties in a preliminary unified development plan or preliminary plat to which the parcel is part.

The absence of agricultural activities on the parcel when it was agriculturally zoned or, if such activities were present on the parcel at that time, subsequent cessation of the agricultural use after rezoning to another district, shall have no bearing on the applicability of this provision.

Additionally, upon qualification for interim passive agricultural uses under this provision, the allowance for such uses shall run with the land irrespective of any subsequent zoning changes, including rezoning to a Planned Development district, unless expressly prohibited by condition or restriction imposed by the zoning change, and provided that passive agricultural uses were permitted on the property under its zoning, or through this provision, on November 1, 2012.

(Ord. No. 01-30, § 2, 11-15-01; Ord. No. 09-62, Item O, 10-26-09, eff. 2-1-2010; Ord. No. 10-26, § 2, Exh. A(10-0770), eff. 2-11-11; Ord. No. 12-24, § 2(Exh. A)(Item IV.C)(12-0681), 10-25-12, eff. 11-1-12; Ord. No. 16-21, (Exh. A)(Item I-02)(16-1070), 10-11-16, eff. 10-18-16; Ord. No. 22-12, § 2(Exh. A), 5-19-22, eff. 5-25-22; Ord. No. 24-16, § 2(Exh. A), 6-6-24, eff. 6-13-24)

A.

Generally

For purposes of this Code and of this division, nonconformities are classified as follows.

B.

Nonconforming Lots

Nonconforming lots to include lots, tracts or parcels which due to size, dimension or other characteristics do not comply with the provisions of this Code. However, per Section 11.03.01.D.1, certain lots not meeting current Minimum Lot Sizes by Available Utilities requirements (Section 6.01.06) are considered legally conforming.

C.

Nonconforming Structures

Nonconforming structures to include dimensional nonconformities such as setbacks, height, lot coverage, floor area ratio and other similar standards.

D.

Nonconforming Characteristics of Land

Nonconforming characteristics of land to include site development standards pertaining to paved off-street parking, access, stormwater management, landscaping, environmental standards and other similar standards. Unpaved areas, unless previously approved by Hillsborough County for parking, shall not be considered in the nonconforming characteristic of land determinations.

E.

Nonconforming Use

Nonconforming use to include the nonconforming use of a structure, the nonconforming use of land or water, the nonconforming use of structure, land and water in any combination.

F.

Nonconforming Density

Nonconforming density to include multi-family development standards pertaining to minimum site area per dwelling unit, community residential home standards pertaining to minimum site area per placed resident, and other similar standards, and density requirements of the Comprehensive Plan. Single-family lots that are nonconforming to density requirements of the Comprehensive Plan shall be classified as Nonconforming Lots per Paragraph B above.

G.

Nonconformities by Public Order

Nonconformities by public order to include nonconformity created where lawful public takings have the same effect as violations of this Code which are undertaken privately.

H.

Nonconforming Show Business Use (Restricted)

Nonconforming show business uses, as defined in this Code and with certain restrictions as outlined in Section 11.03.09 herein, established prior to June 23, 2011 on parcels not zoned RSB or without an SB Overlay. This category shall not include show business uses which are certified legally nonconforming through other provisions of this Part.

(Ord. No. 00-38, § 2, 11-2-00; Ord. No. 06-18, § 2, 8-1-06; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 13-11, § 2(Exh. A)(Item A)(13-0290), 4-17-13)

A.

Generally

The Administrator may certify lots, tracts and parcels not otherwise meeting the provisions of this Code and may authorize the development of such certified parcels as provided in this section.

B.

Lots Pre-dating Adoption of Comprehensive Plan

Lots, tracts or parcels existing prior to July 26, 1989 shall be deemed pre-existing and may be certified by the Administrator subject to the following condition:

C.

Combinations Required

Where two or more nonconforming lots are contiguous and held in single ownership at the time of application, the Administrator may require that such lots be combined in a manner to eliminate or reduce the degree of nonconformity.

D.

Nonconforming Single-Family Lots

Notwithstanding Section 6.01.01, Schedule of District Area, Height, Bulk, and Placement Regulations, of this Code, a lot that has been certified legally nonconforming and is developed with, or proposed for development with, a single-family dwelling shall be subject to the building coverage and setback requirements of the agricultural or single-family residential (RSC) district which has a minimum required lot size that is nearest to, but not smaller than, the size of the nonconforming lot. All other requirements imposed by the zoning of the nonconforming lot shall remain in effect.

(Ord. No. 02-13, § 2, 8-1-02; Ord. No. 11-5, § 2(Exh. A)(11-0238), 5-26-11, eff. 10-1-11)

A.

Generally

The Administrator may certify structures other than signs not otherwise meeting the provisions of this Code and authorize utilization of such certified structures as provided in this section.

B.

Structures Pre-Dating Adoption of Comprehensive Plan

Structures existing prior to July 26, 1989 shall be deemed pre-existing and may be certified by the Administrator subject to the following conditions:

1.

A structure is nonconforming due to noncompliance with the dimensional requirements of the schedule of area, height, bulk and placement regulations of this Code and which is used for a use permitted in the district in which it is located may remain, provided:

2.

That any physical change to the structure shall not increase the degree of nonconformity unless specifically approved by the Board of County Commissioners pursuant to this Part 11.03.00. Structural changes which decrease or do not affect the degree of nonconformity shall be permitted. Additions, modifications or other physical changes to the structure that adhere to the reduced setback line are permitted by right, even if they increase the amount of building area within the required yard, provided other development standards are met.

3.

A nonconforming structure, or a portion thereof, if damaged, deteriorated or destroyed to the extent of more than 50 percent or more of its current assessed valuation, may only be reconstructed in accordance with the regulations of the district in which it is located, except as provided in paragraphs 4, 5, and 6 below.

4.

Routine repairs and maintenance of a nonconforming structure, fixtures, wiring and plumbing or the repair or replacement of non-loadbearing walls shall be permitted.

5.

A nonconforming structure damaged or destroyed by an Act of God may be rebuilt in accordance with the nonconformities certified as pre-existing pursuant to this Part 11.03.00.

6.

A dwelling which is the principal residence of the property owner that is made a nonconforming structure by the adoption of this Code, the Comprehensive Plan, or amendments thereto, that is damaged or destroyed by calamities or events, such as fire, that are not an Act of God and that are not caused by intentional actions of that property owner may be rebuilt, replaced or reconstructed within the original foot print certified as pre-existing pursuant to this Part 11.03.00. Such replacement or reconstruction shall be permitted without Board approval, subject to compliance with other requirements of this Code.

C.

Unsafe Structures

Nonconforming structures or portions thereof which are declared unsafe by the County Administrator or other competent authority may be repaired and restored, except as provided in Part 11.03.04 B 3 and 11.03.06 G.

(Ord. No. 02-13, § 2, 8-1-02; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 16-11, § 2(Exh. A), Item I-01(16-0757), 6-7-16, eff. 6-8-16)

A.

Generally

The Administrator may certify characteristics of land not otherwise meeting the provisions of this Code and authorize utilization of such certified characteristics as provided in this section.

B.

Characteristics of Land Established as Legally Permissible Under Provisions of Regulations in Effect at the Time of Development

1.

Characteristics of Land established legally at the time of development shall be deemed pre-existing and may be certified by the Administrator subject to the following condition:

2.

The nonconforming characteristics of land may continue to operate but shall not be expanded, altered, changed or relocated in such a manner as to increase the degree of nonconformity.

A.

Generally

The Administrator may certify uses not otherwise meeting the provisions of this Code and authorize utilization of such certified uses as provided in this section.

B.

Use Established as Legally Permissible Under Provisions of Regulations in Effect at the Time of Development

Uses established legally at the time of development shall be deemed pre-existing and may be certified by the Administrator and allowed to continue provided that:

1.

There shall be no enlargement, increase in intensity or alterations to the use, its permanent structure or both, except as provided in E and J below.

2.

Such uses may not be enlarged, extended, altered or replaced, except for a change to a use permitted in the district in which it is located, except as provided in B.3., E. and J. below.

3.

A nonconforming use may be extended through portions of a building manifestly arranged or intended for such a use, but not otherwise extended and shall not extend to occupy land outside such building or any additional building not used for such nonconforming use at the time that nonconforming status was established, except as provided in E. and J. below.

C.

Cessation of Use

If the use ceases for more than 90 consecutive calendar days or a total of 180 calendar days in a one year period, subsequent use of the premises shall conform to the district regulations. For purposes of this regulation, cessation of use shall be defined as the absence of the principal activity or function comprising that use, irrespective of the presence of dormant buildings, equipment and/or materials associated with the use. Facility maintenance for a use that is otherwise inactive shall not be deemed a continuation of that use.

D.

Relocation of Use

No such use shall be relocated or moved to any portion of the lot other than that occupied at the time that nonconforming status was created.

E.

Principal Residence

1.

A dwelling which is the principal residence of the property owner that is made a nonconforming use by the adoption of this Code, the Comprehensive Plan, or amendments thereto, may be expanded, replaced or reconstructed, notwithstanding H. below, provided there has not been a cessation of use. However, the cessation of use provisions described in C. above shall not apply when a principal residence has been vacated due to damage or deterioration and unexpired building permits are in place for repairs or replacement of the dwelling. In such case, the permit application shall be submitted within 90 days of when the residence was vacated, unless an extension is granted by the Administrator for hardship reasons, and the property owner shall proceed in good faith to secure the permits and complete the work in a timely manner. Such expansion, replacement or reconstruction shall be permitted without Board approval, subject to compliance with other requirements of this Code.

2.

Detached single-family residences existing prior to July 26, 1989, the adoption date of the Comprehensive Plan, may be deemed pre-existing and may be certified by the Administrator when substantiated by clear and convincing evidence. Application of this provision shall be restricted to parcels occupied by one single-family dwelling. This provision shall not be applied to parcels occupied by more than one dwelling.

F.

Mobile Home Parks

Certification of a parcel occupied by multiple manufactured homes as a legally nonconforming mobile home park shall require substantial evidence in the form of health and/or building permits issued specifically for a mobile home park, site plans approved for a mobile home park with clearly identified spaces, advertisements and/or leases identifying a mobile home park by name, and other similar documents. General evidence to the presence, permitting and/or leasing of two or more manufactured homes on a single parcel that does not specifically pertain to a mobile home park as previously described shall not constitute adequate grounds for certification of the parcel as a mobile home park.

G.

Act of God

The rebuilding of principal residences or the rebuilding of nonconforming uses or structures damaged or destroyed by an Act of God, may occur at any time without a Nonconformity Special Use Permit.

H.

Repairs and Maintenance of Structures Containing Nonconforming Uses

1.

When a building or structure devoted to a nonconforming use is damaged or deteriorated, as determined by the Administrator, to the extent of 50 percent or more of the building's or structure's assessed taxable value, such building or structure, if restored shall be devoted to conforming uses, except as provided in E. or G. above, or J. below.

2.

Repairs and maintenance on any building devoted in whole nonconforming use may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

I.

Nonconforming Use Incentives.

Grossly incompatible, nonresidential land uses within recognized, established neighborhoods that are not in conformance with the Future of Hillsborough Comprehensive Plan shall be given incentives to adaptively reuse or replace structures to uses that are compatible with the residential area. This shall be either:

1.

A density credit incentive to provide up to 25 percent bonus not to exceed the density permitted by the Comprehensive Plan; or

2.

The nonconforming use incentive would allow a grossly incompatible nonconforming use to be replaced with another nonconforming use provided the latter is more compatible than the original use.

J.

Expansion, Change, or Rebuilding of Nonconformities

1.

Any property owner wishing to expand, change or rebuild an existing legal nonconforming use shall apply for a Nonconformity Special Use Permit in accordance with the provisions set forth in 10.03.00 of this Code. Expansion, change, or rebuilding shall only be permitted where the Board of County Commissioners finds no significant adverse effects of such nonconformity on adjacent properties. Any structural rebuilding shall be in accordance with the standards of the zoning district in which the property is located. Additions, modifications, or other physical changes to a legally non-conforming structure that adhere to the reduced setback line may be permitted, even if they increase the amount of building area within the required yard, provided other development standards are met.

2.

Expansion of nonconformities shall not occur more than once and shall not exceed 50 percent of the existing square footage or intensity of use.

3.

Notwithstanding the foregoing, principal residences and uses or structures damaged or destroyed by an Act of God may be rebuilt at any time without a Nonconformity Special Use Permit.

4.

Notwithstanding the foregoing, mobile home parks in the Urban Service Area that are legal nonconforming uses may be redeveloped with affordable housing at the same density with any housing type pursuant to the affordable housing requirements of Section 6.11.07 of this Code and connection to public water and wastewater services without a Nonconformity Special Use Permit. The project shall be subject to the affordable housing standards in Sections 6.11.07 and 6.01.02 of this Code for the RSC-9 district unless alternative standards are necessary to achieve the permitted density. Such alternative standards shall be subject to approval of the Administrator as being the minimum necessary for the provision of affordable housing pursuant to Section 6.11.07 of this Code. If alternative standards are requested, the applicant shall provide written justification with a detailed explanation of why the alternative standards are necessary to achieve the permitted density.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 00-38, § 2, 11-2-00; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08; Ord. No. 10-9, § 2, Item I(10-0178), 5-27-10, eff. 10-1-10; Ord. No. 18-30, § 2(Exh. A), 10-11-18, eff. 10-18-18)

A.

Generally.

The administrator may certify densities not otherwise meeting the provisions of this Code and authorize utilization of such certified densities as provided in this section.

B.

Density Established as Legally Permissible Under Provisions of Regulations in Effect at the Time of Development.

Densities established legally at the time of development shall be deemed pre-existing and may be certified by the Administrator and allowed to continue provided that:

1.

The general type of residential use is permitted by the zoning of the property or has been determined to be a Legal Non-Conforming Use at the time of certification.

2.

There shall be no increase in density unless approved by the Board of County Commissioners pursuant to E. below.

C.

Repairs and Maintenance of Structures

1.

When a building or structure contributing to a nonconforming density is damaged or deteriorated, as determined by the Administrator, to the extent of 50 percent or more of the building's or structure's assessed taxable value, such building or structure shall not be restored, except to the extent permitted by the maximum density of the zoning district or to a permitted accessory use which does not contribute to density, or as provided in D. and E. below.

2.

Repairs and maintenance of any building contributing to nonconforming density may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any building or part therefore declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

D.

Acts of God.

The rebuilding of structures contributing to a nonconforming density that are damaged or destroyed by an Act of God may occur at any time without a Nonconforming Density Special Use Permit.

E.

Density Increase or Rebuilding

1.

Any property owner wishing to increase or rebuild structures contributing to a legal nonconforming density shall apply for a Nonconforming Special Use Permit in accordance with the provisions set forth in Part 10.03.00 of this Code. Said increase or rebuilding shall only be permitted where the Board of County Commissioners finds no significant adverse effects of such nonconformity on adjacent properties.

2.

A density increase shall not occur more than once and shall not exceed 50 percent of the existing density.

3.

Notwithstanding the foregoing, mobile home parks in the Urban Service Area with legal nonconforming densities may be redeveloped with affordable housing at the same density with any housing type pursuant to the affordable housing requirements of Section 6.11.07 of this Code and connection to public water and wastewater services without a Nonconformity Special Use Permit. The project shall be subject to the affordable housing standards in Sections 6.11.07 and 6.01.02 of this Code for the RSC-9 district unless alternative standards are necessary to achieve the permitted density. Such alternative standards shall be subject to approval of the Administrator as being the minimum necessary for the provision of affordable housing pursuant to Section 6.11.07 of this Code. If alternative standards are requested, the applicant shall provide written justification with a detailed explanation of why the alternative standards are necessary to achieve the permitted density.

(Ord. No. 00-38, § 2, 11-2-00; Ord. No. 18-30, § 2(Exh. A), 10-11-18, eff. 10-18-18)

Where a nonconformity, other than use, is created by the exercise of the power of eminent domain or the threat thereof, or as a result of an acceptance by the County or State of land for a public right-of-way, the Administrator may certify such nonconformity subject to the following condition:

Minor amendments to the nonconformity may be permitted to allow reasonable use of the nonconformity and allow such nonconformity to maintain its legal nonconforming status.

(Ord. No. 00-38, § 2, 11-2-00; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07)

A.

Generally.

The Administrator may certify certain nonconforming show business uses not otherwise meeting the provisions of Section 11.03.06 of this Part and authorize utilization of such certified uses subject to restrictions as provided in this Section. However, nothing in this section shall preclude a property owner from seeking legal nonconformity status for a show business use through other provisions of this Part.

B.

Criteria for Certifying Legal Nonconforming Show Business Use (Restricted) Status.

An existing show business use, as defined in this Code, that is located on a parcel not zoned RSB or without an SB Overlay may be certified legally nonconforming provided it can be demonstrated to the satisfaction of the Administrator, per Section 11.03.01.E above, that the show business use was established on the parcel prior to June 23, 2011 and provided an application for a determination of nonconforming status has been submitted to the Administrator prior to the close of business on April 30, 2014. In such case, the show business use shall be brought into compliance with Section 3.01.02 of this Code and the following additional restrictions within 30 days of the date of certification:

1.

Group living facilities and exotic show animals are not permitted.

2.

The repair of show business sets, signs, equipment and vehicles shall be limited to neighborhood serving motor vehicle repair as defined in this Code. Said repairs shall be limited to sets, signs, equipment and vehicles owned or leased by residents of the property. Minor and major motor vehicle repairs as defined by this Code, body or structural work, welding, grinding, stripping, painting with power sprayers and/or construction of show business sets, signs, equipment and vehicles are not permitted.

3.

All show business sets, signs, equipment and vehicles shall meet the accessory structure regulations found in Section 6.11.04 of this Code except the minimum side yard setback shall be ten feet and the minimum rear yard setback shall be five feet. Additionally, said sets, signs, equipment and vehicles shall not be located in front of the principal residential building on the parcel.

4.

Open storage of all show business sets, signs, equipment and vehicles shall be screened from adjacent properties and roadways by a six-foot-high solid fence or wall. Placement of the fence or wall shall conform with the requirements of this Code.

(a)

Notwithstanding, screening shall not be required where an adjacent property has an RSB zoning, SB overlay, PD zoning that permits show business uses or a legal nonconforming show business use certification. However, if at any time such adjacent property no longer has an RSB zoning, SB overlay, PD zoning that permits show business uses or a legal nonconforming show business use certification, the required screening shall be installed within 30 days of request by Hillsborough County.

5.

The nonconforming use certification shall apply to the entire parcel occupied by the show business use prior to June 23, 2011, as certified by the Administrator, and the parcel may be wholly utilized for restricted show business use in a manner consistent with the requirements of this Section and all other applicable requirements of this Code.

C.

Cessation of Use.

If the certified show business use ceases for more than 90 consecutive calendar days or a total of 180 calendar days in a one year period, subsequent use of the premises shall conform to the district regulations. For purposes of this regulation, cessation of use shall be defined as the absence of show business sets, signs, equipment and/or vehicles during the specified time period unless documentation is provided to the Administrator demonstrating the absence of the show business use was the result of attendance at show business related events, such as fairs, carnivals, and festivals.

(Ord. No. 13-11, § 2(Exh. A)(Item A)(13-0290), 4-17-13)

A.

Authority.

The Administrator is hereby authorized, based upon competent findings of fact, to determine and establish the nonconforming status of land or structures. The Administrator may further establish restrictions pertaining to the nonconformity in accordance with the provisions of this Part.

B.

General Procedure.

Except as specifically provided below, an application for a Certificate of Nonconforming Status shall be reviewed pursuant to the Procedure for Issuance of a Development Permit at 10.01.00 of this Code and Section 9.2 of the Development Review Procedures Manual.

C.

Modification to Standard Procedures

1.

The Administrator shall, following receipt of the completed application for nonconforming use, except as provided for in 11.03.06 E. 2., notify adjoining property owners of the intent to render a determination of legal nonconformity and provide a written decision to the Applicant. Other applications for nonconforming status do not require notice. All written decisions shall contain information about the right of appeal.

2.

The Certificate of Nonconforming Status shall describe the nature and extent of the non-conformity. The Administrator may at his discretion include upon the Certificate or as an addendum to the Certificate any requirements, conditions or information deemed necessary to carry out the provisions of this Division. Said certificate and supporting information shall be provided to the applicant and shall be entered into the records of the County.

(Ord. No. 00-38, § 2, 11-2-00; Ord. No. 01-26, § 2, 9-12-01; Ord. No. 13-11, § 2(Exh. A)(Item A)(13-0290), 4-17-13)

Variance from strict compliance with the requirements of this Code is provided for in this Part. If the standards in this Part are met, a Variance to the requirements of this Code, other than land use, prospective floor area ratio (FAR), or density, or required review process, shall be granted to the applicant pursuant to the procedures prescribed below.

(Ord. No. 00-21, § 2, 5-18-00)

A.

Findings Required; Conditions

1.

A variance may only be allowed by the Land Use Hearing Officer in cases involving practical difficulties or unnecessary hardship, when substantial evidence in the official record of the hearing supports specific findings.

2.

All findings of fact shall be made in the indicated order by the Land Use Hearing Officer, which is not empowered to grant a variance without an affirmative finding of fact on all six categories in 11.04.02 B below. Each finding of fact shall be supported by substantial evidence in the record.

3.

The Land Use Hearing Officer may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected and substantial justice done. Violation of such conditions shall be a violation of this Code.

B.

Specific Required Findings

The following specific findings must be made by the Land Use Hearing Officer prior to approving an application for a Variance:

1.

That the alleged hardships or practical difficulties are unique and singular as regards the property of the person requesting the variance and are not those suffered in common with other property similarly located.

2.

That literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district and area under the terms of this Code.

3.

That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance.

4.

That the variance is in harmony with and serves the general intent and purpose of this Code and the Comprehensive Plan.

5.

That the situation sought to be relieved by the variance does not result from an illegal act or result from the actions of the applicant, resulting in a self-imposed hardship.

6.

That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this Code and the individual hardships that will be suffered by a failure to grant a variance.

C.

Provisions for Variations from Regulations Applying Generally in SPI Districts

In connection with special plan review requirements, regulations for a particular SPI district or for specified classes of SPI districts may also authorize or deviate from regulations applying generally within such districts.

D.

Provisions for Variations from Regulations Applying to Special Uses

Regulations for a particular Special Use may be varied where the Land Use Hearing Officer makes a finding in the particular case, that public purposes are satisfied to an equivalent or greater degree. Any related variances to Special Use standards must be heard by the Land Use Hearing Officer and cannot be acted on administratively prior to the Special Use being approved.

E.

Provisions for Variations from Regulations Applying to the Preservation Requirements for Upland Significant Wildlife habitat.

1.

A variance from the onsite preservation requirements of Section 4.01.08 may be granted if the Land Use Hearing Officer finds that the strict enforcement of the regulation would diminish the value of the property to the extent that all economically viable use is precluded. Any variance granted pursuant to this section shall be conditioned upon the preservation of suitable land offsite in accordance with the requirements of Section 4.01.13, unless a variance from the offsite preservation requirements is applied for an received pursuant to Section 11.04.02.E.2 below. In reviewing each request for a variance, the Land Use Hearing Officer shall consider:

a.

The fair market value of the property in the absence of the regulation, based on those uses which are reasonably probable, legal, physically possible, appropriately supported, and financially feasible. For purposes of this section, the use of land is "reasonably probable" if there is a demand for such use in the reasonably near future.

b.

The fair market value of the property when the regulation is applied, based on those remaining uses of the property which are reasonably probable, legal, physically possible, appropriately supported, and financially feasible.

c.

The extent to which additional value can be realized from the preserved area by utilizing available site planning techniques (e.g., clustering), transfer or purchase of development rights, park impact fee or open space credits, tax incentives, and other such methods and programs.

d.

The extent to which a variance will adversely will adversely impact any upland habitat areas lying adjacent to those lands for which a variance is being sought, whether located on the same parcel or on an adjacent parcel, in terms of habitat viability manageability, or ability to function as a wildlife corridor.

2.

A variance from the offsite preservation requirements of Section 4.01.13 may be granted if the Land Use Hearing Officer finds that strict enforcement of the regulation renders all reasonable development of the parcel, for which offsite preservation is required, economically unfeasible, where the use proposed for that parcel is reasonably probable, legal, physically possible, appropriately supported, and financially feasible.

a.

In order to be eligible for a variance from the offsite preservation requirements, the applicant must first have used best efforts in cooperation with the County to identify a suitable, economically feasible offsite parcel or other option which would satisfy the offsite preservation requirements.

b.

In deciding whether to grant a variance from the offsite preservation requirements, the Land Use Hearing Officer shall further consider whether there are suitable alternative sites or options which could be utilized by the applicant to reduce the costs of complying with the offsite preservation requirements. If such a parcel or option is available, and the cost-reducing benefit of utilizing that parcel or option would offset the costs of offsite preservation to the extent that development of the onsite parcel is rendered economically feasible, then the variance shall be denied.

F.

Provisions for Variations from Regulations Applying to the Removal of Grand Oaks with a condition rating of good or better in accordance with the Tree Condition Evaluation Form.

1.

A variance from the requirement of preservation of grand oaks with a condition rating of good or better in accordance with the Tree Condition Evaluation Form may be granted if the Land Use Hearing Officer finds that strict enforcement of the regulation would preclude reasonable use of a parcel of property. For purposes of this section, reasonable use shall mean an actual, present use activity on a parcel of real property (including periods of inactivity which are normally associated with, or are incidental to, the nature of type of use or activity), or such reasonably, nonspeculative land uses which are suitable for the subject parcel of property, which are compatible with adjacent land uses, and which have created an existing fair market value in the parcel of property greater than the fair market value of the actual, present use or activity on the parcel of property. In determining whether the strict enforcement would preclude the reasonable use of a parcel of property, the following factors shall be considered by the Land Use Hearing Officer:

a.

The land use classification of the parcel of property on which the tree is located;

b.

Any prior or existing development on or use of the property (including the applicable zoning, permitting and subdivision history of that parcel);

c.

The impact of the grand oak on the buildable area of a parcel as shown by a survey or scaled drawing of the parcel of property accurately depicting the location of the grand oak and its impact on the buildable area of that parcel of property;

d.

Any special circumstances affecting the development of that parcel of property, including without limitation, any unusual topography and fill requirements;

e.

Existing uses of development patterns on similarly situated property located adjacent to or near the parcel of property in question;

f.

Any effort by the permit applicant to redesign the proposed development, structure or use in a manner to retain or preserve the grand oak.

g.

Any other information that would be pertinent in determining whether the removal of a grand oak is required to allow reasonable use of a parcel including without limitation, bona fide, valid appraisals of the fair market value of the parcel of property in question and a bona fide valuation of the grand oak to be removed based on generally accepted standards (such as those published by the International Society of Arbiculture).

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 01-30, § 2, 11-15-01; Ord. No. 03-9, § 2, 6-5-03)

Editor's note— Ord. No. 97-18, § 2, adopted Dec. 18, 1997, repealed § 11.04.03, which pertained to alternate variance criteria/special factors: carports. See the Table of Amendments.

An application for a Variance shall be reviewed pursuant to the Procedure for Issuance of a Development Order at 10.02.00 of this Code and Section 5.2.2 of the Development Review Procedures Manual.

(Ord. No. 01-26, § 2, 9-12-01)

A.

Generally

Any property owner who believes that a development order or enforcement action issued by the County is unreasonable or unfairly burdens the use of his or her real property may, within 30 days after receipt of the order or notice of said government action, file a Request for Relief with the Administrator.

B.

Limitation

This Part of the Land Development Code applies only to development orders issued, modified, or amended, or to enforcement actions issued, on or after October 1, 1995. Enforcement actions under this Section do not include actions taken by Code Inspectors, the Hillsborough County Code Enforcement Department or the Hillsborough County Code Enforcement Board.

(Ord. No. 07-24, § 2, 11-1-07)

A.

Application and Submittals

1.

A Request for Relief shall be submitted to the Administrator as set forth in Section 11.0 of the Development Review [Procedures] Manual.

2.

The Administrator shall include in the Request for Relief form provided to the property owner a list of the approved Land Use Hearing Officers and instructions for objecting to any person named on the list. Unless a property owner objects to a Land Use Hearing Officer in the property owner's Request for Relief, the Administrator will presume that all of the listed Land Use Hearing Officers are mutually acceptable to the property owner and the Administrator and will select one of them as the Land Use Hearing Officer to consider the Request for Relief.

B.

Referral to Land Use Hearing Officer

Within ten days of receipt of the Request for Relief, the Administrator shall forward the request to a Land Use Hearing Officer selected from the approved list of Hearing Officers. This time period may be extended by agreement of the parties.

C.

Objection to Hearing Officer

If the property owner objects to all of the persons on the approved Land Use Hearing Officer list, the Administrator shall be allowed additional time to secure a mutually acceptable Land Use Hearing Officer.

D.

Notice of Filing

Concurrently with the forwarding of the Request for Relief to the Land Use Hearing Officer, the Administrator shall serve, by U. S. Mail or hand delivery, a copy of the Request to:

1.

Owners of real property contiguous to the applicant's property at the address shown on the latest County tax roll, and

2.

Any substantially affected person who submitted oral or written testimony of a substantive nature which stated with particularity an objection to or support for any development order or enforcement action at issue.

Notice to a substantially affected person is required only if that person indicated to the County a desire to receive notice of any subsequent Land Use Hearing Officer proceedings occurring on the development order or enforcement action.

E.

Request to Participate in Proceedings

Within 21 days after receipt of the Request for Relief, any owner of land contiguous to the applicant's property and any substantially affected person who submitted oral or written testimony of a substantive nature, may request to participate in the proceeding. These persons may be permitted to participate in the hearing but shall not be granted party or intervenor status. The participation of such persons is limited to addressing issues raised regarding alternatives, variances, and other types of adjustments to the development order or enforcement action which may impact their substantial interests, including denial of the development order or application of an enforcement action.

F.

Filing of Response

1.

Within 15 days following the filing of a Request for Relief with the County, the Administrator shall file a Response to the Request for Relief with the Land Use Hearing Officer, together with a copy to the applicant, setting forth in reasonable detail the position of the County regarding the matters alleged by the applicant, and including a brief statement explaining the public purpose of the regulations on which the development order or enforcement action is based. Any other government entity that is added by the Land Use Hearing Officer as a party must file a response prior to the hearing, but not later than 15 days following its admission as a party.

2.

The County's response shall also include a sufficiency report which indicates whether the claim for relief contains the following information:

a.

A brief statement of the owner's proposed use of the property.

b.

A summary of the development order or description of the enforcement action. A copy of the development order or the documentation of an enforcement action at issue must be attached to the request.

c.

A brief statement of the impact of the development order or enforcement action on the ability of the owner to achieve the proposed use of the property.

d.

A certificate of service showing the parties, including the governmental entity, served.

G.

Sufficiency Hearing

Prior to any hearing on the merits of the Request for Relief, the Land Use Hearing Officer may conduct a hearing on whether the request for relief should be dismissed for failing to include the information required above. If the Hearing Officer dismisses the case, he or she shall allow the owner to amend the request and refile. The applicant and all parties in the matter shall receive 15-days' notice by U. S. Mail or hand delivery regarding the date, time, and location of the sufficiency hearing. The applicant's failure to submit an adequate amended request within the time specified by the Hearing Officer shall result in a dismissal with prejudice of the proceeding.

H.

Notice and Timing of Hearing

1.

The Land Use Hearing Officer shall, within 45 days after receipt of the Request for Relief, hold a hearing on the merits of the request, unless a different date is agreed to by all the parties. At least 40 days prior to the hearing, the Hearing Officer must provide notice of the hearing to all parties and other persons who have requested such notice.

2.

The cost of providing notice and effecting service of the request for relief shall be borne equally by the County and the property owner. The Administrator shall provide to the property owner the amount owed by the property owner at least ten days before the hearing.

3.

Notice to all parties and other persons who have requested such notice shall contain the following information:

a.

Application number and date of filing,

b.

Location and total area of the property,

c.

Present Zoning and Comprehensive Plan designation of the property,

d.

Date, time and place of the hearing, and

e.

Instructions for obtaining further information regarding the application.

I.

Conduct of the Hearing

The Land Use Hearing Officer shall act as a facilitator or mediator between the parties in an effort to effect a mutually acceptable solution. If an acceptable solution is not reached through the Hearing Officer's attempt at mediation, the Hearing Officer shall proceed to conduct a quasi-judicial hearing as set forth in the Development Review Manual.

(Ord. No. 01-26, § 2, 9-12-01)

A.

Generally

The Hearing Officer shall consider the facts and circumstances set forth in the request and any responses and any other information produced at the hearing in order to determine whether the action by the government entities is unreasonable or unfairly burdens the real property.

B.

Specifically

The Hearing Officer shall examine the following circumstances in determining whether the development order or enforcement action, or the development order or enforcement action in conjunction with regulatory efforts of other governmental parties, is unreasonable or unfairly burdens use of the property. Such circumstances may include, but are not limited to:

1.

The history of the real property, including when it was purchased, how much was purchased, where it is located, the nature of the title, the composition of the property, and how it was initially used.

2.

The history of development and use of the real property, including what was developed on the property and by whom, if it was subdivided and how and to whom it was sold, whether plats were filed or recorded, and whether infrastructure and other public services or improvements may have been dedicated to the public.

3.

The history of environmental protection and land use controls and other regulations, including how and when the land was classified, how use was proscribed, and what changes in classifications occurred.

4.

The present nature and extent of the real property, including its natural and altered characteristics.

5.

The reasonable expectations of the owner at the time of acquisition, or immediately prior to the implementation of the regulation at issue, whichever is later, under the regulations then in effect and under common law.

6.

The public purpose sought to be achieved by the development order or enforcement action, including the nature and magnitude of the problem addressed by the underlying regulations on which the development order or enforcement action is based; whether the development order or enforcement action is necessary to the achievement of the public purpose; and whether there are alternative development orders or enforcement action conditions that would achieve the public purpose and allow for reduced restrictions on the use of the property.

7.

Uses authorized for and restrictions placed on similar property.

8.

Any other information determined relevant by the Land Use Hearing Officer.

A.

Generally

Within 14 days after the conclusion of the hearing, the Hearing Officer shall prepare and file with all parties a written recommendation.

B.

Specifically

1.

If the Hearing Officer finds that the development order at issue, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is not unreasonable or does not unfairly burden the use of the owner's property, the Hearing Officer must recommend that the development order or enforcement action remain undisturbed and the proceeding shall end, subject to the owner's retention of all other available remedies.

2.

If the Hearing Officer finds that the development order or enforcement action, or the development order or enforcement action in combination with the actions or regulations of other governmental entities, is unreasonable or unfairly burdens use of the owner's property, the Hearing Officer, with the owner's consent to proceed, may recommend one or more alternatives that protect the public interest served by the development order or enforcement action and regulations at issue but allow for reduced restraints on the use of the owner's real property, including, but not limited to:

a.

An adjustment of land development or permit standards or other provisions controlling the development or use of land.

b.

Increases or modifications in the density, intensity, or use of areas of development.

c.

The transfer of development rights.

d.

Mitigation, including payments in lieu of onsite mitigation.

e.

Location on the least sensitive portion of the property.

f.

Conditioning the amount of development or use permitted.

g.

A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development.

h.

Issuance of the development order, a variance, special exception, or other extraordinary relief, including withdrawal of the enforcement action.

i.

Purchase of the real property, or an interest therein, by an appropriate governmental entity.

C.

Agreement For Permissible Use

The owner and the County may enter into an agreement as to the permissible use of the property prior to the Hearing Officer entering a recommendation. An Agreement for a Permissible Use must be incorporated in the Hearing Officer's recommendation.

D.

Copy To Florida Department Of Community Affairs

The Hearing Officer shall send a copy of the recommendation in each case to the Department of Legal Affairs. Within 15 days after its action on the Hearing Officer's recommendation, the County Administrator shall notify the Department of Legal Affairs in writing as to what action the County took on the Hearing Officer's recommendation.

E.

Response To Hearing Officer's Recommendation

Within 45 days after receipt of the Hearing Officer's recommendation, the Board of County Commissioners, in consultation with other governmental entities participating in the proceeding, must:

1.

Accept the recommendation of the Hearing Officer as submitted and proceed to implement it by development agreement, when appropriate, or by other method, in the ordinary course and consistent with the rules and procedures of the County. However, an owner is not required to duplicate previous processes in which the owner has participated in order to effectuate the granting of the modification, variance, or special exception;

2.

Modify the recommendation as submitted by the Hearing Officer and proceed to implement it by development agreement, when appropriate, or by other method, in the ordinary course and consistent with the rules and procedures of the County; or

3.

Reject the recommendation as submitted by the Hearing Officer. Failure to act within 45 days is a rejection unless the period is extended by agreement with the owner.

F.

Available Use Decision

If the Board of County Commissioners accepts the Hearing Officer's recommendation or modifies it and the owner rejects the acceptance or modification, or if the County rejects the Hearing Officer's recommendation, the County must issue a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property.

The procedure established by this division of the Land Development Code may not continue longer than 165 days, unless the period is extended by agreement of the parties.

A.

What Constitutes Violation

Whenever, by the provisions of this Code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this Code.

B.

Parties Responsible

Any owner, tenant, or occupant of any land or structure, or part thereof, and any architect, builder, contractor, agent, or other person, firm, or corporation, either individually or through its agents, employees, or independent contractor, [who] violates the provisions of this Code, or who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance.

C.

Enforcing Authorities

The provisions of this Code shall be enforced as follows:

1.

By the Hillsborough County Code Enforcement Board pursuant to the authority granted by F.S. § 162.01 et seq., and Chapter 14, Article II, Hillsborough County Code of Ordinances, Part A;

2.

By the Board of County Commissioners through its authority to enjoin and restrain any person violating the Code; or

3.

By Hillsborough County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by Sec. 125.69, Fla. Stat.

D.

Right to Inspect

The Administrator shall have the right to inspect those lands, water uses, or structures affected by this Code and to issue citations for violations.

E.

Relationship to Other Laws

Violations of this Land Development Code may also constitute violations of other state or local regulations. Penalties assessed or remedies taken under this Land Development Code shall not be deemed to represent or substitute for enforcement mechanisms or penalties available under such other laws or regulations.

F.

The remaining sections of Part 11.06.00 are not applicable to any notice of violation, citation, order or determination made by a Code Inspector, as defined in this Code and in the Board of County Commissioners' Policies. However, all notices of violation, citations, orders and determinations made by a Code Inspector must comply with F.S. Ch. 162, as amended, and Hillsborough County Ordinance #05-5, as amended.

(Ord. No. 07-24, § 2, 11-1-07; Ord. No. 15-32, § 2(Exh. A) (15-1269), 12-8-15, eff. 12-14-15)

A.

This section is not applicable to any notice of violation, citation, order or determination made by a Code Inspector, as defined in this Code and in the Board of County Commissioners' Policies. However, all notices of violation, citations, orders and determinations made by a Code Inspector must comply with F.S. Ch. 162, as amended, and Hillsborough County Ordinance #05-5, as amended.

B.

Notice of Violation

Upon the determination that any provision of this Code is being violated, the Administrator shall send a written notice by registered mail or by hand delivery to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.

C.

Contents of Notice

The written notice shall state the action the Administrator intends to take, if the violation is not corrected, and shall advise that the Administrator's order may be appealed pursuant to 10.05.01, unless otherwise provided by this Code.

D.

Time to Correct Violation

Upon receipt of the notice of violation, the person(s) responsible or liable for the violation shall have 15 calendar days to correct the violation. The Administrator may grant one ten-calendar day extension if, in the Administrator's judgment, substantial progress toward correction of the violation is evident and additional time is necessary.

E.

Cure by Zoning Action

If the violation is of a nature that it can possibly be corrected by a zoning action, including but not limited to a zoning interpretation, modification of a Planned Development, an Official Zoning Atlas amendment or through the granting of a variance, the Administrator is authorized to suspend enforcement actions pending the outcome of such proceedings provided that the person(s) responsible for the violation formally file the appropriate application forms, including all necessary support documentation, with the Planning and Growth Management Department. If the outcome of the requested zoning action does not remedy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct the violation, unless granted an extension by the Administrator as set forth above.

F.

Exception to Notice Requirement

In cases where delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or general welfare, the Administrator may seek enforcement without prior written notice by invoking any of the remedies contained in this Code or otherwise provided by law.

(Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08)

A.

Penalties

A person who violates any of the provisions of this Code, or fails to comply with any of its requirements, or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the name of the State in the same manner as misdemeanors are prosecuted, pursuant to the terms of Section 125.69 Florida Statutes, as amended, and shall be subject to all criminal penalties authorized by the State of Florida for such violation. Upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days, or by both such fine and imprisonment.

B.

Calculating Number of Offenses

Each calendar day that any violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

C.

Additional Remedies

In addition to the penalties and remedies above, the Administrator may institute any appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of this Code, as provided by law.

A.

Cease and Desist Orders

The Administrator is authorized to issue cease and desist orders in the form of written official notices sent by registered mail to the person(s) responsible for the violation. Specific activities and operations may be ordered to be ceased based upon the following conditions:

1.

In an emergency situation that may have a serious effect on the health, safety, or welfare of the public or the environment.

2.

When irreversible or irreparable harm may result, in the reasonable opinion of the Administrator, and immediate cessation of the activity is necessary to protect the public or the environment.

B.

Revocation of Building Permits, Certificates of Occupancy, or Other Development Orders, Permits or Approvals

The Administrator may revoke any Building Permit, Certificate of Occupancy, Development Order, Development Permit, or Development Approval, whatsoever, in those cases where an administrative determination has been duly made that, relevant to the provisions and requirements of this Code, false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based.

C.

Suspension of Building Permits, Certificates of Occupancy, or Other Development Orders, Permits or Approvals

The Administrator may, to the extent permitted by law, suspend any Building Permit, Certificate of Occupancy, Development Order, Development Permit, or Development Approvals whatsoever, where an administrative determination has been duly made that, relevant to the provisions and requirements of this Code, an error or omission on either the part of the applicant or government agency existed in the issuance of the permit or approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission.

D.

Stop Work Order

For any violation of the provisions of this Code which constitutes a threat to life or to public or private property, the Administrator shall have the authority to issue a stop work order in the form of a written official notice given to the owner of the subject property or to his agent or to the person doing the work where such a violation has been committed or exists. Upon notice from the Administrator that any action or work is occurring contrary to the provisions of this Code, and it constitutes a threat to life or to public or private property, such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the Administrator shall be sufficient.

A.

Generally

The Administrator or the Board of County Commissioners may have recourse to such other remedies in law and equity as may be necessary to ensure compliance with the provisions of this Land Development Code.

B.

Available Remedies

The remedies available shall include the following:

1.

Injunctive relief to enjoin and restrain any person from violating the provisions of the Land Development Code and recovery of damages for such violation.

2.

Prosecution by the State Attorney's Office as provided by Section 125.69, Florida Statutes, as amended.

3.

Prosecution before the Hillsborough County Code Enforcement Board.

4.

Revocation of any permit or changing the conditions of any permit granted under the Land Development Code.

5.

Withholding the issuance of any Construction Plan approval, Building Permit, Certificate of Occupancy, or inspection by the County.

6.

Requiring the restoration of a protected tree(s) by the property owner or other responsible party with a monetary value as established by application of the International Society of Arboriculture Shade Tree Formula. This remedy shall be appropriate for the replacement of trees measuring nine inches DBH and larger.

7.

Requiring restoration by the property owner or other responsible party of any vegetation removed in violation of the Natural Resources or Landscaping Regulations or violation of any permit issued under the Natural Resources or Landscaping Regulations. Vegetation removed may be determined by surveys, field inspections, aerial interpretation and comparisons by undertaking random sampling techniques on abutting properties containing vegetation of similar type. Restoration shall require the following:

a.

Understory vegetation for natural plant communities shall be replaced on an in kind, one for one basis. Vegetation planted in accordance with this requirement shall be replaced if it dies within two years from the time of planting; and/or

b.

Inch for inch restoration of trees measuring five inches DBH and larger with a native tree or trees of similar canopy potential. These trees must be of sufficient number to total the DBH of the tree(s) removed. Restoration trees shall meet the specifications as defined in Division 7.3 (Definitions). Restoration trees in accordance with this requirement shall be replaced if the tree(s) dies within two years after planting; and/or

c.

The contribution of funds to the Environmental Restoration Fund to restore vegetation removed in violation of the Natural Resources Regulations. The amount to be contributed shall be identified in an agreement signed by the contributing party and the Administrator or his designee.

8.

Any sign erected or maintained in violation of this Code, or erected in violation of any previously existing ordinance, may be removed by the building official or his designated agent, at the expense of the owner, agent, or lessee of the sign or the property owner upon which the sign is located; provided however, that the building official has first given seven days written notice, by certified mail or hand delivery, to said person, of the violations charged which notice shall be in the following form:

YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING VIOLATIONS OF THE HILLSBOROUGH COUNTY SIGN ORDINANCE HAVE BEEN DISCOVERED: YOU HAVE SEVEN DAYS FROM RECEIPT OF THIS NOTICE TO CORRECT ALL ABOVE VIOLATIONS. ONCE CORRECTED, YOU SHALL CALL THE DEVELOPMENT SERVICES DIVISION AND ARRANGE FOR AN INSPECTION OF THE PARCEL. IF YOU BELIEVE THAT AN ERROR HAS BEEN MADE, YOU MAY FILE AN APPEAL WITH THE DEVELOPMENT SERVICES DIVISION, WITHIN SEVEN DAYS OF RECEIPT OF THIS NOTICE. PLEASE BE ADVISED THAT HILLSBOROUGH COUNTY MAY REMOVE THE OFFENDING SIGN AT THE EXPIRATION OF THE SEVEN DAY PERIOD OF THE VIOLATIONS HAVE NOT BEEN CORRECTED. ALL COSTS FOR SUCH REMOVAL, SHALL BE CHARGED TO THE OWNER, AGENT OR LESSEE OF THE SIGN OR THE OWNER OF THE PROPERTY UPON WHICH THE SIGN IS LOCATED.

No sign shall be removed pursuant to the authority granted in this Code until such a time as all appeals, which have been properly and timely filed, have been exhausted.

9.

Requiring replacement by the permit holder of any trees removed in violation of any permit issued under the land excavation regulations. Replacement trees shall be of sufficient size and quality to replace the DBH inches removed. At the time of planting a replacement tree shall have a minimum height of six feet and shall be Florida Grade #1 or better (State of Florida grades and standards for nursery plants).

10.

Revocation of any permit or changing the conditions of any permit granted under the land excavation regulations pursuant to the following procedures:

a.

The Board shall hold a public hearing to consider revocation of a permit or a change in permit conditions. At least 15 calendar days prior to the hearing, notice of public hearing shall be provided to the permittee by registered mail or hand delivery, and shall be posted in a conspicuous location on the land excavation site.

b.

At the public hearing the Administrator shall present specific evidence showing the conditions which have been violated and/or the actions causing damage to surrounding properties.

c.

The permittee shall be given an opportunity to rebut this evidence.

d.

The public shall have an opportunity to present relevant statements and evidence.

e.

During the public hearing the Board shall consider those factors in which would be considered in its review of a land excavation application as they relate to any violation under consideration.

f.

At the conclusion of the public hearing, the Board shall determine whether a violation has or has not occurred.

g.

Upon finding that permit conditions and/or division requirements have been violated and/or that the land excavation operation is causing damage to surrounding properties, the Board may revoke the permit or impose revised permit conditions.

11.

With regard to the phosphate mining regulations, failure of any dam, spillway or other outlet structure of a settling or thickening pond resulting in degradation of the quality of any waters outside the permittee's property shall subject the permittee to a civil penalty to be paid to the County in an amount equal to the amount of actual damages done and/or the actual amount required to reclaim the affected area.

12.

With regard to the phosphate mining regulations, failure of a permittee to have completed reclamation of any lands as required at the conclusion of any reporting year shall subject the permittee to a civil penalty to be paid to the County in an amount equal to the actual amount required to reclaim the lands involved.

13.

In addition to the penalty provided for violation of County Ordinances in Section 125.69 Florida Statutes, adult bookstores, adult theaters, special cabarets, physical culture establishments or adult photographic or modeling studios not in conformity with the requirements of this section are declared to be nuisances and the Administrator or its successor is authorized to bring appropriate civil action in the court of appropriate jurisdiction for their abatement.

A.

Intent

Determinations necessary for administration and enforcement of standards set forth in this Code range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no sophisticated equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Code that:

1.

Where determinations can be made by the Administrator, using equipment normally available or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

2.

Where technical complexity or extraordinary expense makes it unreasonable for the County to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protection of individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protection to the general public from unnecessary costs for administration and enforcement.

B.

Procedure Where Administrator Can Make Determination

Where the Administrator determines that there is a violation of performance standards, he shall take or cause to be taken lawful action to cause correction, within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided by law.

C.

Procedure Where Administrator Cannot Make Final Determination

If, in the considered judgment of the Administrator, there is a probably violation of the performance standards as set forth in this Code, the following procedure shall be followed:

1.

The Administrator shall give written notice, by proof of mailing, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Administrator believes there is a violation in fact, shall require an answer or corrections of the alleged violation to the satisfaction of the Administrator within a time limit set by the Administrator.

2.

If there is no reply within the time set, but the alleged violation is corrected to the satisfaction of the Administrator, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.

3.

If these is no reply within the time limit set and the alleged violation is not corrected to the satisfaction of the Administrator within the time limit set, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.

4.

If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Administrator, but requesting additional time, the Administrator may grant an extension, if he deems it warranted in the circumstances of the case and if he determines that such extension shall not cause imminent peril to life, health, or property.

5.

If a reply is received within the time limit set requesting technical determination as provided in this Code, and if the alleged violations continue, the Administrator shall call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed by the Hillsborough County Code Enforcement Board against the properties or persons responsible for the violation, in addition to such other penalties and remedies as may be appropriate.

6.

If no violation is found, the costs of the determinations shall be paid by the County without assessment against the properties or persons involved.