Hillsborough County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE II
ZONING DISTRICTS1
Editor's note— Ord. No. 02-13, § 2, adopted Aug. 1, 2002, amended the title of Art. II to read as herein set out. Prior to inclusion of said ordinance, Art. II was entitled, "Zoning Districts and Special Uses."
PART 2.00.00 - GENERALLY
[to be provided]
PART 2.03.00 - RESERVED[2]
Editor's note— Ord. No. 02-13, § 2, adopted July 25, 2002, repealed Part 2.03.00, in its entirety, which pertained to special uses. See the Table of Amendments for a detailed analysis of inclusion of Ord. No. 02-13.
Sec. 2.01.01. - Intent
The County is divided into districts of such number, shape, characteristics, area, common unity of purpose, adaptability, or use as will accomplish the objectives of the Comprehensive Plan and this Code.
Sec. 2.01.02. - Establishment of Zoning Districts
A.
Generally
The unincorporated portion of Hillsborough County shall be divided by this Code into Zoning Districts, the boundaries and designations of which shall be shown on a series of maps, covering in time the entire unincorporated area of Hillsborough County, and identified as the Official Zoning Atlas of Hillsborough County, hereafter Official Zoning Atlas.
B.
List of Zoning Districts
1.
Active Districts.
For the purpose of these zoning regulations and the Official Zoning Atlas, Hillsborough County is hereby divided into the following Zoning Districts:
AM Agricultural Mining
A Agriculture
AR Agricultural Rural
AS-0.4 Agricultural, Single-Family Estate
AS-1 Agricultural, Single-Family
ASC-1 Agricultural, Single-Family Conventional
AI Agricultural Industrial
RSC-2 Residential, Single-Family Conventional
RSC-3 Residential, Single-Family Conventional
RSC-4 Residential, Single-Family Conventional
RSC-6 Residential, Single-Family Conventional
RSC-9 Residential, Single-Family Conventional
RSC-10 Residential Single-Family Conventional
MH Residential, Single-Family Mobile Home Overlay
RDC-6 Residential, Duplex Conventional
RDC-12 Residential, Duplex Conventional
RMC-6 Residential, Multi-Family Conventional
RMC-9 Residential, Multi-Family Conventional
RMC-12 Residential, Multi-Family Conventional
RMC-16 Residential, Multi-Family Conventional
RMC-20 Residential, Multi-Family Conventional
BPO Business, Professional Office
OR Office Residential
CN Commercial, Neighborhood
CG Commercial, General
CI Commercial, Intensive
M Manufacturing
SB Show Business Overlay
SPI-HC Historic and Cultural Conservation
SPI-RVR Recreational Vehicle and Private Pleasure Craft Residential Overlay
SPI-UC-1 Special Public Interest-University Community
SPI-UC-2 Special Public Interest-University Community
SPI-UC-3 Special Public Interest-University Community
SPI-AP-1 Special Public Interest - Airport
SPI-AP-2 Special Public Interest - Airport
SPI-AP-3 Special Public Interest - Airport
SPI-AP-4 Special Public Interest - Airport
SPI-AP-5 Special Public Interest - Airport
SPI-AP-V Special Public Interest - Airport
SPI-NMD Special Public Interest - North Dale Mabry Overlay
PD Planned Development
IPD-1 Interstate Planned Development
IPD-2 Interstate Planned Development
IPD-3 Interstate Planned Development
BMS Brandon Main Street
CPV Citrus Park Village
R-BPO Restricted-Business Professional Office Overlay
UCA-MS University Community Area Main Street
UCA-NHO University Community Area Neighborhood Office
2.
Inactive Districts.
The following Zoning Districts exist on the Official Zoning Atlas; however, no new lands in Hillsborough County shall be rezoned to these designations:
Mixed Use Development (MUD)
TND Traditional Neighborhood Development
Infill TND (POD)
Infill TND (TOD)
(Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-36, § 2, 11-12-03; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 09-53, Item L, 6-11-09, eff. 10-1-09; Ord. No. 14-18, § 2(Exh. A)(Item IV-A)(14-0471), 6-12-14, eff. 6-19-14)
Sec. 2.01.03. - Official Zoning Atlas
A.
The Official Zoning Atlas, together with all lawfully adopted explanatory material shown thereon or therewith, is hereby adopted by reference and declared to be part of this Code.
B.
Where the scale generally applicable to the basic atlas sheets or supplemental maps is inadequate for presentation of details in particular areas, such areas may be cross-referenced on the basic atlas sheets or supplemental maps to separate inset maps at the appropriate scale.
C.
Other supplements, in the form of maps, indices, guides, illustrations, records, reports, interpretive material and standards, may be officially adopted, directly or by reference, to facilitate administration and public understanding of the Official Zoning Atlas or of regulations adopted for the zoning districts or other division established thereby.
Sec. 2.01.04. - Zoning District Boundaries
A.
For the special purposes set out below, where boundaries and designations are not shown directly on the basic atlas sheets, they shall be indicated by overlays to such sheets or as separate maps. Overlays or separate maps shall have the same force and effect as the basic atlas sheets.
B.
A district symbol or name shown within district boundaries in the Official Zoning Atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line, except as otherwise specifically provided.
C.
Where uncertainty exists as to boundaries of districts, or other areas delineated for regulatory purposes in the Official Zoning Atlas, the following rules shall apply:
1.
Boundaries indicated as approximately following the centerlines of streets, alleys, rights-of-way, or easements shall be construed as following such centerlines as they exist on the ground (except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be so interpreted as to avoid such change). In the event of vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated property is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. However, existing right-of-way is not subject to zoning regulations unless vacated.
2.
Boundaries indicated as approximately following boundaries of streets, alleys, other public or private property lines, rights-of-way, or easements shall be construed as following such boundaries, except where variation of actual location from mapped location would change the district status of a lot or parcel, in which case the boundary shall be so interpreted as to void such change.
3.
Boundaries indicated as approximately following mean high waterlines or centerlines of river, canals, lakes, bays, or other bodies of water shall be construed as following such mean high waterlines, or centerlines. If said mean high waterline or centerlines changes, the boundary shall be construed as moving with the change, except where moving would change the district status of a lot or parcel, in which case the boundary shall be interpreted in such manner as to avoid such change.
4.
Boundaries indicated as approximately parallel to or extensions of features described in Paragraphs 1, 2 and 3 above, shall be construed as being parallel to or extensions of such features.
5.
Where distances are not specifically indicated on any map in the Official Zoning Atlas, they shall be determined by reference to the scale of the map.
6.
Boundaries indicated as entering any body of water, but not continuing to intersect with other zoning boundaries or with the limits of the jurisdiction of the County, shall be construed as extending, in the direction in which they enter the body of water, to intersect with other zoning boundaries or with the limits of County jurisdiction.
(Ord. No. 00-21, § 2, 5-18-00)
Sec. 2.02.01. - Statement of Intent - Standard Zoning Districts
The following section describes the purpose and intent of each standard zoning district within Hillsborough County. It is the intent of these districts to be in accordance with and promote the purpose of the Comprehensive Plan. Intent statements for each Special District and for the Planned Development District are addressed elsewhere in this Code.
Agricultural Districts
Agricultural districts provide for agricultural uses and residential development on lots in accordance with the Comprehensive Plan. Accessory uses and Special Uses are also permitted or permissible.
AM - Agricultural Mining
The purpose of this district is to protect viable long-term agricultural lands from urban and suburban encroachment by encouraging agricultural, residential, and related uses on parcels of at least twenty (20) acres. The district provides the opportunity for phosphate mining and extractive activities.
A - Agriculture
The purpose of this district is to protect viable long term agricultural lands so classified in the Comprehensive Plan from urban and suburban encroachment by encouraging commercial agricultural use of the land, residential development, and related uses on parcels of at least ten (10) acres.
AR - Agricultural Rural
The purpose of this district is to protect viable long term agricultural lands so classified in the Comprehensive Plan from urban and suburban encroachment by encouraging agriculture and related uses on parcels of at least five (5) acres.
AS-0.4 - Agricultural Single Family Estate
The purpose of this district is to permit single-family conventional and mobile home residential development in a low density rural environment which encourages agricultural activities and their supporting uses. The minimum lot size in the AS-0.4 district is 2.5 acres.
AL - Agricultural Industrial
The purpose of this district is to allow agricultural and related uses within areas designated for industrial uses by the Comprehensive Plan on parcels of at least one (1) acre. New residential development is not permitted in the AI district.
AS-1 - Agricultural, Single-Family
The purpose of this district is to encourage agricultural and related uses and permit single-family conventional and mobile home development in a rural environment on parcels of at least one (1) acre.
ASC-1 - Agricultural, Single Family Conventional
The purpose of this district is to encourage agricultural and related uses and permit single-family conventional development in a rural environment on lots containing a minimum of one (1) acre.
Residential Districts
Residential districts provide for the development of a variety of residential housing types in accordance with the Comprehensive Plan. Accessory uses, compatible related support uses, and special uses are also permitted or permissible.
RSC-2 -Residential, Single-Family Conventional
The purpose of this district is to provide the opportunity for one-half acre or larger lot single-family conventional development in conformance with the provisions of the Comprehensive Plan and preserve the suburban density living environment.
RSC-3 - Residential, Single-Family Conventional
The purpose of this district is to provide the opportunity for one-third acre or larger lot single-family conventional development in conformance with the provisions of the Comprehensive Plan and preserve the low-density suburban living environment.
RSC-4 - Residential, Single-Family Conventional
The purpose of this district is to provide the opportunity for one-fourth acre or larger lot single-family conventional development in a suburban living environment in conformance with the provisions of the Comprehensive Plan.
RSC-6 - Residential, Single-Family Conventional
The purpose of this district is to provide the opportunity for 7,000 square foot or larger lot single-family conventional development in a suburban living environment in conformance with the provisions of the Comprehensive Plan.
RSC-9 - Residential, Single-Family Conventional
The purpose of this district is to provide the opportunity for 5,000 square foot or larger lot single-family conventional development in a medium density living environment in conformance with the provisions of the Comprehensive Plan.
MH - Mobile Home Overlay
The purpose of this overlay district is to provide for the opportunity for the development of mobile homes on lots that are consistent with the underlying zoning in conformance with the provisions of the Comprehensive Plan.
RDC-6 - Residential, Duplex Conventional
The purpose of this district is to provide the opportunity for 7,260 square foot or larger lot conventional two family zero lot line, conventional two family development while preserving a low-medium density living environment in conformance with the provisions of the Comprehensive Plan.
RDC-12 - Residential, Duplex Conventional
The purpose of this district is to provide the opportunity for 3,500 square foot or larger lot conventional two family zero lot line, conventional two family development while preserving a medium density living environment in conformance with the provisions of the Comprehensive Plan.
RMC-6 - Residential, Multi-Family Conventional
The purpose of this district is to provide the opportunity for areas of conventional multiple family dwelling units such as triplex, quadplex, and townhouse types of structures while preserving a low-medium density living environment in conformance with the provisions of the Comprehensive Plan.
RMC-9 - Residential, Multi-Family Conventional
The purpose of this district is to provide the opportunity for areas of conventional multiple family dwelling units such as duplex, triplex, quadraplex and townhouse types of structures in a low-medium density living environment in conformance with the provisions of the Comprehensive Plan.
RMC-12 - Residential, Multi-Family Conventional
The purpose of this district is to provide the opportunity for areas of conventional multiple family dwelling units in a medium density living environment in conformance with the provisions of the Comprehensive Plan.
RMC-16 - Residential, Multi-Family Conventional
The purpose of this district is to provide the opportunity for areas of conventional, multiple family dwelling units in a medium density living environment in conformance with the provisions of the Comprehensive Plan.
RMC-20 - Residential, Multi-Family Conventional
The purpose of this district is to provide the opportunity for areas of conventional multiple family dwelling units in a high density living environment in conformance with the provisions of the Comprehensive Plan.
Office Districts
The office districts are intended to provide for office uses, compatible special uses, and related support uses in accordance with the Comprehensive Plan and the provisions of the Code.
BPO - Business, Professional Office
The purpose of this district is to provide for office development. This district shall be applied at appropriate locations in conformance with the goals, policies, and objectives of the Comprehensive Plan where it will not adversely impact the facilities and services of the County; and were it will not set a precedent for the introduction of an inappropriate use into the area. This district can also be utilized as a transitional district between residential development and commercial districts.
OR - Office Residential
The purpose of this district is to provide for office development on a small scale within an existing residential structure. This district shall only be applied at appropriate locations to serve the needs of such neighborhoods in conformance with the goals, policies, and objectives of the Comprehensive Plan.
Commercial Districts
The commercial districts are intended to provide for retail sales, personal service, and office uses, as well as appropriate supporting accessory uses and selected special uses in locations and at intensities in accordance with the Comprehensive Plan and this Code.
CN- Commercial, Neighborhood
The purpose of this district is to provide for limited retail uses and personal services in freestanding buildings or small shopping centers to serve residential neighborhoods. This district shall be applied at appropriate locations to supply the daily retail and service needs of such neighborhoods where it will not adversely impact the facilities and services of the County; and where it will not set a precedent for the introduction of inappropriate uses into an area.
CG - Commercial, General
The purpose of this district is to provide for a variety of retail and service uses in free-standing buildings or shopping centers to serve the community's general commercial needs. This district shall only be applied at appropriate locations to conveniently meet the needs of the community in conformance with the goals, objectives, and policies of the Comprehensive Plan; where it will not adversely impact the facilities and services of the County; and where it will not set a precedent for the introduction of inappropriate uses in the area.
CI- Commercial, Intensive
The purpose of this district is to provide areas for intense commercial activities permitting commercial and service uses which have greater external affects such as noise, traffic, vibration, or outdoor storage. This district shall only be applied at appropriate locations in conformance with the goals, objectives, and policies of the Comprehensive Plan. This district shall be located where it will not adversely impact the facilities and services of the County and where it will not set a precedent for the introduction of inappropriate uses into an area.
Industrial Districts
The industrial districts are designed primarily to provide for manufacturing, processing, assembly, warehousing, intensive commercial and other related uses. Performance standards are used to insure compatibility with neighboring uses and districts and to distinguish among the various classes on industrial uses and to encourage that industrial uses develop in appropriate locations and at intensities in accordance with the Comprehensive Plan.
Expansion or new development of non-manufacturing land uses in industrially designated areas shall be prohibited except as authorized by this Code. The intent of industrially designated areas is to ensure the availability of lands for industrial development and to ensure that non-industrial uses which may be provided in such areas are subordinate, so that industrial uses predominate.
M-Manufacturing
The purpose of this district is to provide areas for manufacturing, processing or assembling uses, intensive commercial uses and other industrial uses in appropriate areas of Hillsborough County in conformance with the provisions of the Comprehensive Plan. Appropriate performance standards shall be applied to limit the effect of such uses on uses within the district and adjacent districts.
(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 03-36, § 2, 11-12-03; Ord. No. 06-24, § 2, 6-24-06; Ord. No. 08-29, § 2, eff. 2-1-09)
Sec. 2.02.02. - Allowable Uses In Zoning Districts
1.
The table below indicates the categories of uses which are allowable in each standard zoning district within Hillsborough County. The categories of uses are arranged in the vertical column on the left side of the table and the zoning districts are listed across the top. "P" indicates that the use is permitted, subject to the standards of this Code. "C" indicates the use is a Conditional Use that may be allowed in the identified district pursuant to conformance with the design standards contained in Article VI. No public hearing is required for Conditional Uses unless otherwise stated in the applicable standards in Article VI. "S" designates uses as Special Uses that may be established in the district, pursuant to a noticed public hearing as described in Part 10.02.00 and in conformance with the standards contained in Article VI. An "A" indicates the use is an Accessory Use that may be established in the district pursuant to the requirements of Article VI. Uses identified with an "N" are potentially permitted Conditional Uses in the identified district pursuant to the criteria contained in Section 6.11.65 (Non-Industrial
Uses in Industrially Designated Areas). A blank space indicates that the use is prohibited. All uses are subject to the development standards of the zoning district in which it is to be located as well as all other rules and regulations of this Code and Hillsborough County.
2.
All uses are potentially permitted in Planned Development (PD) districts, subject to the policies of the Comprehensive Plan, the requirements of Part 5.03.00 of this Code and all other rules regulations and ordinances of Hillsborough County. Land uses permitted in existing Planned Development districts are specified in the PD's conditions of approval. Requests for rezonings or modifications to Planned Developments are reviewed in accordance with Part 10.03.00 of this Code.
a.
In Planned Development (PD) districts approved after October 1, 2005, wireless communication facilities shall be permitted only if expressly allowed as a specifically identified use by the conditions of approval. In such cases, the location of the facility, height of the antenna support structure and design and/or camouflage requirements shall be addressed by the PD site plan and conditions. Notwithstanding, wireless communication facilities which comply with the provisions of Sections 6.11.29.A-B. shall be permitted in any PD district.
3.
All uses permitted in Traditional Neighborhood Developments (TNDs), Pedestrian-Oriented Developments (PODs) and Transit-Oriented Developments (TODs) are identified in Part 5.08.00 of this Code.
Click here to view a PDF version of table 2.02.02.
Endnotes:
1 Separate Alcohol Beverage Special Use Permit required.
2 Permitted only in HI (Heavy Industrial) Comprehensive Plan Category.
3 Reviewed and permitted in accordance with the design standards of Article VI at site development/building permit review, unless separation requirement is not met. In such cases, a noticed public hearing is required.
4 Permitted subject to review according to Public Facility Siting Policy.
5 Permitted subject to review procedures of Interlocal Agreement with School Board.
6 In Planned Development (PD) districts approved after October 1, 2005, wireless communication facilities are permitted only if expressly allowed by the conditions of approval, except as otherwise permitted by Sections 6.11.29.A., B.
7 A special use permit is required if the project does not conform to the requirements of Section 6.11.39 or if the project is located in the suburban or urban land use categories.
8 Special Use permit reviewed in accordance with the procedures of Section 10.02.00 may be required under certain circumstances as described in Section 6.11.11.
9 Permitted subject to Section 2.02.06 (Additional Location Restrictions for Sexually Oriented Businesses) and Ordinance 06-25.
10 Permitted without Special Use review subject to the requirements of Section 6.11.117 provided the support tower for the WECS does not exceed 10 feet in height as measured from point of installation at grade or, when applicable, point of installation on rooftop.
11 Subject to the residence determined legally nonconforming.
12 Restricted to entertainment/sporting facilities as defined by this Code. All other regional recreational uses prohibited.
13 Permitted subject to compliance with Section 6.11.03. and Section 6.11.127.
14 A minimum lot size of 7,000 square feet is required in addition to all other requirements of Section 6.11.02.
15 Allowed only if parcel is developed with an owner-occupied single family detached unit.
16 Legally established Golf Courses/Country Club facilities shall remain conforming uses subject to Section 11.03.01.D.
(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 02-22, § 2, 11-13-02; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 03-36, § 2, 11-12-03; Ord. No. 04-27, § 2, 6-10-04; Ord. No. 04-30, § 2, 6-10-04; Ord. No. 04-46, § 2, 11-4-04; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 06-24, § 2, 6-24-06; Ord. No. 06-34, § 2(Exh. A), 11-2-06; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 07-20, § 2, 8-7-07, eff. 10-1-07; Ord. No. 07-25, § 2, 11-1-07, eff. 2-1-08; Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08; Ord. No. 08-29, § 2, eff. 2-1-09; Ord. No. 09-52, 6-11-09, eff. 6-18-09; Ord. No. 09-53, Items C, K, L, M, N, 6-11-09, eff. 10-1-09; Ord. No. 09-62, Items E, L—N, Q, 10-26-09, eff. 2-1-2010; Ord. No. 10-9, § 2, Item C(10-0172), Item F(10-0175), Item J(10-0177), 5-27-10, eff. 10-1-10; Ord. No. 10-26, § 2, Exh. A(10-0754), (10-0755), eff. 2-11-11; Ord. No. 11-19, § 2(Item V-A)(11-0236), 11-3-11, eff. 2-1-12; Ord. No. 12-9, § 2(Exh. A), 5-24-12, eff. 10-1-12; Ord. No. 12-25, § 2(Exh. A)(Item IV.D)(12-0682), (Item IV.E)(12-0683), 10-25-12, eff. 2-1-13; Ord. No. 14-7, § 2(Exh. A), (14-0062), 2-27-14; Ord. No. 17-7, § 2(Exh. A), 3-7-17, eff. 3-13-17; Ord. No. 17-28, § 2(Exh. A), 10-19-17, eff. 10-26-17; Ord. No. 19-30, § 2(Exh. A), 12-19-19, eff. 12-20-19; Ord. No. 20-17, § 2(Exh. A), 9-24-20, eff. 10-2-20; Ord. No. 21-41, § 2(Exh. A), 10-21-21, eff. 10-28-21; 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; Ord. No. 25-33, § 2(Exh. A), 5-8-25, eff. 5-13-25)
Sec. 2.02.03. - Housing Types
The table below indicates the housing types allowed in each zoning district within Hillsborough County. The housing types are arranged across the top. "P" indicates the use may be allowed subject to the requirements of this Code. A blank space indicates the use is prohibited.
1 Dormitories, Community Residential Homes and Professional Residential Facilities only.
(Ord. No. 01-30, § 2, 11-15-01; Ord. No. 08-29, § 2, eff. 2-1-09; Ord. No. 09-53, Item L, 6-11-09, eff. 10-1-09; Ord. No. 10-9, § 2, Item C(10-0172), 5-27-10, eff. 10-1-10)
Sec. 2.02.04. - Accessory Uses
A.
Generally
1.
Accessory uses are uses that are on the same lot or in the same structure with, and of a nature and extent customarily incidental and subordinate to, the principal use of the lot or structure. The procedure for review of accessory uses shall be the same as is required for the principal use unless otherwise identified in Table 2.02.02. All required accessory uses for any principal use, including but not limited to off-street parking and loading areas, retention or drainage areas, and private sewer or water systems shall be located on the same parcel as the principal use and shall have the same or similar zoning district designation as the principal use, except in accordance with the Site Development Review Requirements in 5.02.03 of this Code and/or except as expressly permitted elsewhere in this Code. In no case shall the principal or accessory use be located in a zoning district where that use is not either a permitted use or a permissible Conditional or Special Use.
2.
Each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with, but detached from, the principal use with which it is associated.
B.
Agricultural Mining, Accessory Uses
1.
The following uses shall be permitted as accessory uses in the Agricultural Mining District, accessory to an active phosphate mining facility:
a.
Phosphate research activities; which must meet the performance standards in 6.09.00 as measured at the zoning lot line.
b.
Classrooms.
c.
Tank farms.
d.
Warehouses.
e.
Maintenance and storage facilities.
f.
Similar uses.
2.
Such uses shall be engaged only in phosphate connected activities for the phosphate mining activity on the same zoning lot.
C.
Office, Commercial, Industrial, SPI, and PD Districts
1.
Automated teller machines.
D.
All Zoning Districts
1.
Radio-TV antenna or dish.
2.
Guard house, security mobile home or security residence.
3.
Off-street parking.
4.
Vending machine.
(Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 09-53, Item N, 6-11-09, eff. 10-1-09; Ord. No. 10-9, § 2, Item B(10-0171), 5-27-10, eff. 10-1-10)
Sec. 2.02.05. - Temporary Uses
A.
Allowable Temporary Uses: Non-Residential Zoning Districts
The following temporary uses may be allowable in non-residential zoning districts:
1.
Neighborhood fairs and circuses.
2.
Contractor's temporary office and/or equipment sheds incidental to construction project.
3.
Security residences.
4.
Temporary vendors.
5.
Agricultural offices.
6.
Recyclable goods trailers.
B.
Allowable Temporary Uses: Residential Zoning Districts
1.
Temporary manufactured homes due to medical hardship.
2.
Temporary manufactured homes while constructing.
3.
Neighborhood fairs.
4.
Model dwelling units and pre-construction sales offices.
5.
Garage, yard sales.
6.
Temporary vendors (non-profit).
C.
Standards
No more than two permits for temporary uses shall be issued for the same site within a one-year period unless otherwise specified in section 6.11.00.
D.
Procedures
Temporary uses shall be issued in accordance with the procedures contained at 10.01.00 for the issuance of development permits.
(Ord. No. 00-38, § 2, 11-2-00)
Sec. 2.02.06. - Additional Location Restrictions for Sexually Oriented Businesses
A.
Proximity to Sensitive Land Uses and Areas
No sexually oriented business may be established within 2,000 feet of any area zoned for residential use, including, but not limited to, residential portions of C-U, PD, or U-C zoning districts, nor within 2,000 feet of any church, child care facility, or public recreation area, nor within 2,500 feet from an public or private school. These distance requirements apply regardless of whether the area zoned for residential use, the church, school, child care facility or public recreation are is within unincorporated Hillsborough County or in an adjacent jurisdiction.
B.
Proximity to Other Sexually Oriented Businesses
No sexually oriented business may be established within 500 feet of any other sexually oriented business.
C.
Calculation of Distances
Distances shall be measured from property line to property line, along the shortest distance between property lines, without regard to the route of normal travel. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this Code. Additionally, nothing in this Code shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.
D.
Rationale and Findings
1.
Purpose. It is the purpose of this ordinance to regulate the location of sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the County. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the purpose nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the purpose nor effect of this ordinance to condone or legitimize the distribution of obscene material.
2.
Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of County Commissioners, and on findings, interpretations, and narrowing constructions incorporated in numerous cases, including, but not limited to City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); California v. LaRue, 409 U.S. 109 (1972); as well as in the cases of Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (11th Cir. 2000); Peek-A-Boo Lounge of Bradenton, Inc. v. Manatee County, 337 F.3d 1251 (11th Cir. 2003); Gary v. City of Warner Robins, 311 F.3d 1334 (11th Cir. 2002); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Wise Enters. v. Unified Gov't of Athens-Clarke County, 217 F.3d 1360 (11th Cir. 2000); BZAPs, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); World Wide Video of Washington, Inc. v City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Ward v. County of Orange, 217 F.3d 1350 (11th Cir. 2000); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325 (11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993 (11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999); Lady J. Lingerie, Inc. v. City of Jacksonville, 973 F.Supp. 1428 (M.D. Fla. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943 (11th Cir. 1982); Board of County Commissioners v. Dexterhouse, 348 So. 2d 916 (Ct. App. Fla. 1977); International Food & Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520 (11th Cir. 1986); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); and other cases; and on reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1979; Houston, Texas — 1983, 1997; Indianapolis, Indiana - 1984; Amarillo, Texas - 1977; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Oklahoma City, Oklahoma - 1986; Dallas, Texas — 1997, 2004; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona — 1995-98; Centralia, Washington — 2004; Greensboro, North Carolina — 2003; and also on findings of physical abuse from the papers entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; Expert Report of Richard McCleary, Ph.D., Dec. 18, 2004; Affidavits of Tom McCarren; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Board of County Commissioners finds:
a.
Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, public safety risks, prostitution, potential spread of disease, lewdness, public indecency, illicit sexual activity, illicit drug use and drug trafficking, undesirable and criminal behavior associated with alcohol consumption, negative impacts on surrounding properties, litter, and sexual assault and exploitation.
b.
Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.
c.
Each of the foregoing negative secondary effects constitutes a harm which the County has a substantial government interest in preventing and/or abating in the future. This substantial government interest in preventing secondary effects, which is the County's rationale for this ordinance, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the County's interest in regulating sexually oriented businesses extends to future secondary effects that could occur in the County related to current sexually oriented businesses as well as sexually oriented businesses that may locate in the County in the future. The County finds that the cases and secondary effects documentation relied on in this ordinance are reasonably believed to be relevant to said secondary effects.
(Ord. No. 06-24, § 2, 6-24-06)