The provisions of this chapter shall be administered by the following designated officials within the department:

(a)

Code administrator;

(b)

Zoning administrator;

(c)

Planning and urban design manager;

(d)

Natural resources coordinator;

(e)

City transportation engineer;

(f)

Architectural review commission (ARC) administrator;

(g)

Barrio Latino Commission (BLC) administrator.

(Ord. No. 2019-54, § 12, 4-18-2019; Ord. No. 2020-166, § 4, 12-17-2020)

(a)

The zoning administrator or designee shall have the power to perform the following duties:

(1)

Provide zoning counseling;

(2)

Issue written determinations to property owners on applications for zoning certifications, zoning verifications, code interpretations, vested rights, and nonconforming status;

(3)

Grant or deny alternative design exceptions;

(4)

Grant or deny S-1 permit applications;

(5)

Review and grant or deny business operating permits for zoning compliance;

(6)

Review development permit applications pursuant to City of Tampa Code of Ordinances for zoning compliance;

(7)

Make or cause to be made inspections of buildings or premises necessary to carry out the enforcement of this chapter, including rendering opinions regarding this chapter to other appropriate staff;

(8)

Take all necessary action as provided for within this chapter and any other provisions of the City of Tampa Code of Ordinances;

(9)

Make recommendations to city council regarding zoning applications, comprehensive plan amendments, and amendments to this chapter and related land development regulations;

(10)

On a monthly basis, transmit a list of all current or pending applications for rezonings, and special uses and variances to the officially registered neighborhood associations, as feasible; and

(11)

On an annual basis, present all formal decisions to city council for action by resolution placing said determinations in the public records of the city clerk.

In addition, the zoning administrator or designee shall be responsible to maintain all records which are submitted as part of any review process set forth in the chapter.

(a)

Types of written determinations. The zoning administrator, applicable code authority as set forth in this chapter, or designee shall have the authority to render a written determination on the following after filing the appropriate application and payment of the required fee:

(1)

Certification:

a.

Request regarding the zoning classification of a particular parcel and associated permitted uses, based on the Official Zoning Atlas and Zoning Code in effect at the time of the application;

b.

Request for reasonable accommodations related to a specific building, structure, or development, subject to section 27-62;

(2)

Interpretation—Request regarding the general meaning of a Code provision, the effect of a Code provision on a specific property, or whether a proposed use or a proposed site plan (which has not been submitted for approval) complies with Zoning Code requirements;

(3)

Vested rights in accordance with this chapter; and

(4)

Non-conforming status, in accordance with this chapter.

Written communication by the zoning administrator to the mayor and city administration, city council, appointed boards, commissions, special magistrates and hearing officers, city staff and the legal department shall not be considered a written determination pursuant to this section.

(b)

Processes for written determinations. An application for a written determination must be submitted in writing to the zoning administrator through one (1) of the following processes:

(1)

Formal decision;

(2)

Certification; or

(3)

Advisory opinion.

All applications must be complete and applicable fees shall be paid at time of submittal of any application for written determination.

(c)

Limitations on written determinations. An application for written determination shall be limited as follows:

(1)

Under no circumstances is the zoning administrator permitted to grant exceptions to the actual meaning of any clause, standard or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use either a building, structure, or land.

(2)

The zoning administrator is not permitted to make changes to this chapter or to vary the terms of this chapter in carrying out their duties, except as specifically set forth in this chapter. Due to that limitation on the zoning administrator's authority, a written determination shall not be construed as a waiver of any provisions of this chapter.

(3)

Interpretations shall not be given to any person based solely on hypothetical facts.

(4)

A decision approving the interpretation proposed in the application shall not authorize the establishment of the use nor the development, construction, reconstruction, alteration or moving of any building or structure. It shall merely authorize the preparation, filing and processing of applications for any approvals and permits that may be required by the city's Land Development Code.

(5)

If conflict occurs between the requirements of the Land Development Code and the standards adopted as part of a planned development, development agreement, site plan or annexation agreement, the requirements of the Land Development Code shall prevail.

(6)

The zoning administrator or designee shall base an interpretation on three (3) considerations:

a.

The defined or common meaning of the words or provision.

b.

The general purpose of the provision as expressed in the provision.

c.

The logical or likely meaning of the provision viewed in relation to the Comprehensive Plan.

(7)

The zoning administrator may issue a written determination when the applicant demonstrates compliance with the imposed conditions of this chapter, but shall not consider whether the use or the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties.

(Ord. No. 2018-150, § 1, 10-4-2018)

(a)

The following applications shall be reviewed pursuant to the formal decision process:

(1)

Vested rights;

(2)

Non-conforming status;

(3)

A request for written determination regarding a specific parcel of real property in order to obtain a final, legally enforceable decision upon which the City of Tampa may approve applicable permits.

(b)

General requirements. The zoning administrator or designee shall review such request according to the process provided for in this section.

(1)

Application for formal decision shall relate to a specific parcel of real property and shall only be filed by the owner of such real property, or designated agent.

(2)

Each application shall include a statement regarding ownership of the subject property and, where applicable, a statement designating the agent of the property owner.

(3)

The application must identify (at a minimum) the applicant; provide an address for the subject property; folio or parcel identification number; and, if a request for code interpretation, identify the specific section of the Tampa Code for which a determination is requested.

(4)

The request shall be limited to a single subject. If an applicant is in need of determinations of multiple parcels of land or multiple inquiries, additional fees shall be paid per parcel or inquiry requested.

(5)

The zoning administrator is under no obligation to process the request unless the request is clear and unambiguous, and otherwise complies with this section.

(6)

If the zoning administrator determines the request presents the same issue as is pending before another department or board, the zoning administrator shall advise the applicant, and the zoning administrator is under no obligation to further process the request.

(7)

The zoning administrator shall consider all written documentation received as part of the application and through the open record period and any other relevant information obtained through research conducted by the zoning administrator or designee. In addition, the zoning administrator shall have the authority to review and evaluate the request in light of the Comprehensive Plan, this Code, the Official Zoning Atlas, and other statutes, codes, ordinances and regulations, whichever are applicable, and to consult with appropriate city staff and the legal department, if so desired.

(c)

Open record period.

(1)

Upon receipt of a complete application and payment of the appropriate fee, the zoning administrator shall direct the applicant to provide notice as follows:

Mailed and posted notice shall provide the information about the open record period, including the specific date upon which the open record period will close. The applicant shall file the required affidavit of compliance with the zoning administrator prior to the conclusion of the open record period.

(2)

The open record period shall conclude fifteen (15) calendar days after the date that the mailed notification is postmarked as demonstrated by the certificate of mailing. The open record period may be extended at the request of the applicant only, for an additional fifteen (15) calendar days, in order for the applicant to review the record and submit additional information, if so desired.

(3)

At the conclusion of the open record period, the zoning administrator shall not accept for consideration any additional evidence or information.

(d)

The zoning administrator shall render a written order on the formal decision application, based upon competent evidence, no later than forty-five (45) calendar days after the conclusion of the open record period. This order shall include the following (as applicable):

(1)

A summary of all information received and/or considered

(2)

Findings of fact.

(3)

A determination of compliance or a finding of all points of noncompliance with the Comprehensive Plan.

(4)

The reasons for the decision, including conditions, if any.

(e)

A copy of the written order shall be transmitted to all persons who provided written information to the zoning administrator. The written order granting or denying the application shall be not be final until the review time has concluded, pursuant to section 27-61.

(f)

The formal decision and all documents reviewed and/or considered by the zoning administrator in rendering the formal decision shall be kept and maintained by the zoning administrator as part of the permanent record of activity on the parcel of real property which was the subject of the formal decision, until such time that the records are transmitted to the city council pursuant to section 27-52(a)(11).

(g)

The formal decision of the zoning administrator shall be reviewed pursuant to according to the provisions of section 27-61, review method. The procedures for required public notice for the review hearing before city council and the hearing officer shall be governed by section 27-149.

(h)

The applicant, on written request, may withdraw the request for formal decision at anytime prior to the zoning administrator rendering a written order on the request. No application for formal decision will be considered by the zoning administrator for the same request, which was the subject of the withdrawn application for a period of six (6) months following the date of the request to withdraw.

(Ord. No. 2020-166, § 5, 12-17-2020)

(a)

Applications for certification, requests regarding the zoning of a particular parcel and associated permitted uses, dimensional standards, and site specific development requirements, shall be reviewed according to the process set forth in this section.

(b)

General requirements. The zoning administrator or designee shall review such request according to the process provided for in this section.

(1)

Applications for certification shall relate to a specific parcel of real property.

(2)

The application must identify (at a minimum) the applicant; provide an address for the subject property; folio or parcel identification number.

(3)

The request shall be limited to a single parcel of land or parcels of land which are combined to create one (1) zoning lot. If an applicant is in need of certifications for multiple parcels of land, additional fees shall be paid per parcel certification requested.

(4)

The zoning administrator or designee shall review the Official Zoning Atlas, applicable provisions of the City of Tampa Code of Ordinances, and if necessary, any official records of the City of Tampa that may relate to the zoning classification, associated permitted uses, dimensional standards, and/or site specific development requirements of the specific parcel.

(c)

Upon receipt of a complete request and payment of the appropriate fee, the zoning administrator or designee shall render a certification within thirty (30) calendar days. The zoning administrator's written determination shall include the following (as applicable):

(1)

A summary of the evidence used in the review;

(2)

The zoning classification for the subject parcel of land;

(3)

Certification of regulations applicable to the subject parcel of land, in effect at the time of the application, related to:

a.

Associated permitted uses;

b.

associated dimensional standards;

c.

Associated site specific development requirements.

(d)

The applicant or aggrieved party may seek review of a certification, only in the manner set forth in section 1-19, City of Tampa Code of Ordinances. In the event that the zoning administrator delegates the authority to render a certification, then the zoning administrator shall be the reviewing official; otherwise, the reviewing official shall be the director.

(e)

Available evidence related to the official zoning classifications and associated permitted uses, dimensional standards, and other site specific development requirements for all parcels of land within the City of Tampa reside in the official records of the City of Tampa. Zoning certifications shall be considered guidance to the applicant, based on best available information at the time of the application, but shall only be binding on the city and the applicant, to the extent provided for by law. Zoning certifications shall not create any additional rights to third parties nor shall a zoning certification confer the status of any nonconformity.

(Ord. No. 2020-166, § 6, 12-17-2020)

(a)

The following applications shall be reviewed pursuant to the advisory opinion process:

(1)

All other requests for a written determination, which are not classified as formal or certification, shall be reviewed as an advisory opinion. The determination of whether to issue an advisory opinion shall be wholly at the discretion of the zoning administrator. The zoning administrator or designee may decline to issue an advisory opinion for reasons, including, but not limited to, workload and time constraints. No individual shall have a right to compel issuance of an advisory opinion.

(2)

Upon receipt of a complete request and payment of the appropriate fee, the zoning administrator or designee may render an advisory opinion within thirty (30) calendar days or may refund the fee. The written determination shall include the following (as applicable):

a.

A summary of the evidence presented (including any verbal evidence/testimony);

b.

Findings of fact;

c.

A finding of compliance or a finding of all points of noncompliance with the Comprehensive Plan; and

d.

The reasons for the decision, including conditions, if any.

(b)

The applicant or aggrieved party may seek review of an advisory opinion, only in the manner set forth in section 1-19, City of Tampa Code of Ordinances. In the event that the zoning administrator delegates the authority to render an advisory opinion, then the zoning administrator shall be the reviewing official; otherwise, the reviewing official shall be the director.

(c)

Advisory opinions shall be considered informal guidance to the applicant, shall have no legal or binding effect, and may not be interpreted to determine or create personal or property rights of the applicant or any other party. Each advisory opinion shall include a statement consistent with this section.

(Ord. No. 2020-166, § 7, 12-17-2020)

The following provisions apply regarding exhaustion of remedies and limitations on applications for written determinations:

(1)

All administrative remedies set forth herein and the associated review herein provided, must be fully exhausted prior to bringing an action in a court of competent jurisdiction challenging a written determination.

(2)

A property owner or any aggrieved person who had the right to participate in the process for written determination as set forth in this section may not seek a new written determination on the same matter for a period of one (1) year after all administrative remedies have been concluded.

Before the designated reviewing official or designee may issue any written determination or review any application for alternative design exception, S-1 permit, or any other official action described in this article, the applicant shall pay an administrative fee in an amount city council fixes by resolution.

(Ord. No. 2019-54, § 13, 4-18-2019)

(a)

Where there is substantial doubt as to whether a particular use or uses or class of uses not specifically identified in this chapter are of the same general character as those listed as permitted principal or accessory uses or uses permissible by special use, the zoning administrator, upon request from the property owner, any administrative agency or officer of the city, or on their own initiative, shall make a determination in the matter. The zoning administrator shall give due consideration to the intent of this chapter concerning the district involved, the character of uses specifically identified, and the character of the use or uses in question.

(b)

The zoning administrator may determine that a use is materially similar if:

(1)

The use is listed as within the same structure or function classification as a use specifically enumerated in the use matrix, as determined by the Land Based Classification Standards ("LBCS") of the American Planning Association.

(2)

If the use cannot be located within one (1) of the LBCS structure or function classifications, the zoning administrator shall refer to the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget, or current edition) ("NAICS"). The use may be considered materially similar if it falls within the same industry classification of the NAICS.

(3)

In order to assist in interpretation of the use matrix, the LBCS and NAICS numbers are identified for some uses in the use matrix. In interpreting the use matrix, the following rules of construction apply:

a.

If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not necessarily allowable in all districts where the uses coded to the general classification are allowable simply because they share a similar LBCS or NAICS code number.

b.

Some uses are listed separately, but fall within the same LBCS or NAICS classification. The uses within one (1) such classification are not necessarily allowable in all of the zoning districts as the others simply because they fall within the same LBCS or NAICS classification.

(4)

The proposed use shall not generate average daily trips exceeding other uses allowed in the zoning district by more than ten (10) percent, as determined by the Institute of Transportation Engineers, Trip Generation (current edition) (the "ITE Manual"). The zoning administrator may also refer to similar local traffic studies.

(5)

The proposed use will not involve a greater level of activity, population density, intensity, parking, dust, odor, noise, or similar impacts than the uses listed in the zoning district.

(6)

The process for seeking a written determination under this section shall in a manner consistent with section 27-53, above. Specifically, a determination of use related to a specific parcel of land shall follow section 27-54, and a determination of use not related to a specific parcel of land shall follow section 27-56.

(7)

If in making the determination the zoning administrator finds that the particular use or class of use is of unusual or transitory nature or is unlikely to recur frequently, and unless their determination thereon is reversed on grounds of error on review pursuant to section 27-61 as dictated by the location of the property, the determination shall thereafter be binding on all officers and agencies of the city as an administrative ruling and without further action on or amendment of this chapter.

(8)

Where the zoning administrator finds in making the determination that the particular use or class of use is likely to be common or recurrent, and that omission of specific reference to this chapter is likely to lead to public uncertainty and confusion, they shall initiate a proposed amendment to rectify the omission. Until final action has been taken on such proposed amendment, the determination of the zoning administrator shall be binding on all officers and agencies of the city as an interim administrative ruling.

(a)

The designated official(s) or designee(s) are hereby authorized to grant administrative, alternative design exceptions, from the strict application of this chapter and any associated land development regulations, subject to the limitations described in this section. The process is specifically intended to promote high standards of site design, and to provide flexibility in the administration of standards in recognition of site-specific conditions, and to establish conditions to ensure compatibility and consistency in the interpretation and application of applicable standards, where those standards are modified.

(b)

Prior to submitting an application for an alternative design exception, the applicant must schedule a pre-application meeting with the reviewing official or designee and/or other appropriate city staff as needed, in order to determine the scope of the request and what documentation will be necessary to support the application.

(c)

Types of applications. Applications for alternative design exception are classified as follows:

(1)

Design exception-1: Applications for minor design changes related to the following development standards (refer to specific code sections below for applicable, designated reviewing official):

a.

Article III, Division 2: Special Districts (design/dimension standards);

b.

Article IV, Overlay Districts (design/dimension standards);

c.

Article VI Supplemental Regulations:

1.

Division 3: Access, parking, loading;

2.

Division 4:

i.

Subdivision 2: Section 27-284.2.2;

ii.

Subdivision 3: Section 27-284.3.3;

iii.

Subdivision 5: Wetlands;

iv.

Subdivision 6: Upland habitat;

3.

Division 7, section 27-290.1: Fence(s)/wall(s): height, framing, orientation; and

d.

Other such minor changes to design oriented requirements of this Code, all within the limits set forth in their respective sections.

(2)

Design exception-2: Applications for minor changes to building setback and height limitations, as follows:

(d)

General requirements. An applicant shall provide a complete application and applicable fee to the reviewing official for review and determination, which shall include all information contained in this section. All alternative design exception applications shall include documentation sufficient to justify the request. In addition, an application for an alternative design exception shall address the following issues, as applicable:

(1)

Description:

a.

Project description (general information, typical section, etc.);

b.

Code section(s) from which the exception(s) are being requested;

c.

Description of alternative design exception (specific project conditions related to alternative design exception, controlling design element, and proposed cost for project);

d.

The compatibility of the design and operation; and

e.

If the project is in a special, overlay, or historic district, applicable City of Tampa Code of Ordinance provisions or design standards.

(2)

Analyses (narrative and visual depiction) related to:

a.

Dimensional standards of underlying zoning classification;

b.

Landscaped/buffer area dimensions and materials proposed (i.e. fence/wall materials, plant species/sizes, etc.);

c.

Parking counts, layout/function, demands for specific use;

d.

Amount and character of traffic using facility; and

e.

Design concept and relationship to intent of applicable overlay requirements.

(3)

If applicable, the alternative design exception application shall also contain a recommendation by the professional engineer responsible for the project design elements, unless the reviewing official determines that such a recommendation is not necessary given the scope of the request.

(e)

General process. Applications for alternative design exception shall be processed as follows:

(1)

The applicant shall file a complete application, including any supplemental documentation, with the reviewing official or designee.

(2)

Public notice required for alternative design exceptions requesting a reduction in the required setback. Upon receipt of a complete application for an alternative design exceptions and payment of the appropriate fee, the reviewing official shall direct the applicant to provide public notice. The procedures for required public notice shall be governed by section 27-149. The required affidavit of compliance shall be filed with the zoning administrator.

(3)

The reviewing official or designee, upon review of the application, may request additional information from the applicant related to the request or applicable criteria.

(4)

The reviewing official or designee shall grant or deny the request within thirty (30) calendar days of the filing of the complete application, the affidavit of compliance pursuant to (2) above, and all appropriate and necessary documents and supplemental information provided pursuant to subsections (1) and (3) above.

(5)

In reviewing the application, the reviewing official shall apply the following criteria:

a.

That the exception neither interferes with the rights of others as provided in this chapter, nor is injurious to the public health, safety or general welfare; and

b.

That the exception provides a reasonable allowance of use under the specified circumstances of each application (not applicable to decisions regarding tree removal); and

c.

That the exception achieves the general intent of this chapter and the Tampa Comprehensive Plan; and

d.

That the exception is the minimum possible exception under specific circumstances; and

e.

The exception is consistent with any applicable specific plans in place for the subject property; and

f.

Specific to applications for alternative design exceptions for setback reductions, that such request(s) clearly demonstrate(s) that the exception is warranted, due to unique circumstances of the property, such as:

1.

Location of existing protected or grand trees;

2.

Location of existing buildings or structures;

3.

Existing property elevations (grades); or

4.

Other unique, existing physical conditions of the property (above or below grade) that are otherwise protected from or limited for alteration, due to other applicable development regulations;

5.

Location and condition of existing specimen and/or grand tree(s) (specific to twenty-five (25) percent side yard, refer to Table 60 above).

(6)

The reviewing official may impose reasonable conditions upon any exception to ensure that the public health, safety and general welfare are protected and substantial justice is done. A violation of any imposed conditions shall be a violation of this chapter.

(7)

An approved alternative design exception shall be valid for a period of one (1) year from the approval date, during which the property owner must begin the associated development/construction work. If no development/construction activity occurs on the land related to the approved exception within the one-year period, the approval shall expire.

(Ord. No. 2015-105, § 1, 10-15-2015; Ord. No. 2019-54, § 14, 4-18-2019; Ord. No. 2020-166, § 8, 12-17-2020; Ord. No. 2023-49, § 2, 3-16-2023)

(a)

Applicability and purpose. This section establishes procedures that shall apply to the review of any applicable decision as expressly authorized in this section. The purpose of this section is to provide adequate due process to petitioners seeking review of applicable decisions by setting forth procedures for the review of those decisions.

(b)

Decisions that may be reviewed; jurisdiction. The following decisions shall be reviewed pursuant to this section:

(1)

A formal decision of the reviewing official may be reviewed by city council for a final order after receipt of a recommended order by a hearing officer, as set forth below.

(2)

A quasi-judicial decision of a board, of the City of Tampa, to approve or deny an application, may be reviewed by city council for a final decision. The boards of the City of Tampa whose decisions may be reviewed pursuant to this section are the variance review board (VRB), architectural review commission (ARC), Barrio Latino Commission (BLC), and the historic preservation commission (HPC) (collectively "boards").

(3)

A decision by the following designation reviewing officials, to approve or deny the specific applications (collectively "administrative review permit" or "AR permit") may be reviewed, by city council, for a final decision:

a.

Zoning administrator:

1.

S-1 special use permit (not relating to constitutionally protected First Amendment activity), including the granting of any waiver, to the specific criteria for an S-1 special use permit, pursuant to the criteria for a waiver contained in section 27-132;

2.

A minor or major change to an approved S-2 special use permit, pursuant to section 27-128;

3.

A non-substantial or substantial change to an approved site plan zoning, pursuant to section 27-138;

4.

An incremental review detailed site plan, pursuant to section 27-228;

5.

An applicable alternative design exception, pursuant to section 27-60;

6.

Any other zoning compliance approval, as specifically authorized in this chapter.

b.

Planning and urban design manager:

1.

Special district design review, including any related/applicable alternative design exceptions, for any CBD, CD, SH, or NMU subdistrict, pursuant to article III, division 2, subdivisions 3 through 6;

2.

Overlay district design review, including any related/applicable alternative design exceptions, pursuant to article IV, division 2;

3.

Any compliance approval listed under (3)a. above, for any CBD, CD, SH, or NMU subdistrict, or as otherwise specifically authorized in this chapter.

c.

Natural resources coordinator:

1.

An alternative design exception, pursuant to section 27-60(c)(1)c.2;

2.

Hazardous grand tree removal, pursuant to section 27-284.2.5.

(c)

Petitioner for review. The petitioner for review must be an aggrieved person, as defined in this chapter, who participated, by timely submitting evidence or by otherwise providing sworn testimony, in the original application process for which the decision was rendered.

(d)

Time for filing petition for review. The petitioner shall file a petition for review of a decision, and any required documents, no later than 5:00 p.m., on the fourteenth (14th) calendar day, after the date the written decision was rendered. Refer to section 1-2 definition of "computation of time."

(e)

Place for filing the petition for review. The petition for review shall be filed with the city clerk, who shall transmit a copy to the applicable decision-maker. The city clerk shall not accept a petition for review, for any one (1) of the following reasons:

(1)

The petition is not in writing;

(2)

The review filing period, as set forth in (d) above, has expired; or,

(3)

The petition does not include the required fees and costs.

If the petitioner is not the property owner of the subject parcel for which the decision was rendered, the petitioner shall also, by certified mail no later than five (5) days after filing the petition for review, transmit the petition for review, to the property owner.

(f)

Costs and fees for review. The city council shall, by resolution, adopt a schedule of fees to be paid in connection with any petition for review. Payment of applicable costs and fees shall be required at the time the application for review is filed.

(g)

Contents of petition for review; submission of certain documents, supporting expert evidence, as required. A petition for review shall be in a form provided by the city and shall include, at a minimum, the information set forth below, at time of submittal to the city:

(1)

The name and address of the petitioner and authorized representative, if applicable;

(2)

The original application and site plan that was the subject of the decision for which review is being sought;

(3)

The written decision for which the petitioner is seeking review or, if not available, a summary of the decision sought to be reviewed;

(4)

A summary of the basis for the petition for review, including specific sections of the applicable City of Tampa Code or ordinance; and

(5)

Additional, required submittal documentation regarding grand tree condition evaluations. Petitions for review of a decision of the natural resources coordinator, regarding an alternative design exception related to a grand tree condition evaluation/risk assessment, shall include an independent report/risk assessment performed by an ISA certified arborist.

(h)

Stay pending application for review.

(1)

Once an applicable decision has been rendered, all proceedings in furtherance of the decision are stayed, including the issuance of a building permit or other development order, or other certification of the city or other governmental agency application, until the expiration of the review period. This stay only applies to those decisions in which an aggrieved person participated, by timely submitting evidence or by otherwise providing sworn testimony, in the original application process for which the decision was rendered.

(2)

The filing of a timely application for review shall stay all proceedings in furtherance of the decision, including the issuance of a building permit or other development order, or other certification of the city or other governmental agency application, until the request has been disposed of by city council. The petitioner may file applications, plans, or other information with the city pending the outcome of the review, but the filing of such shall create no rights to any related approval of or by the city.

(i)

Public notices of review hearing. The procedures for required public notice for the review hearing before city council and the hearing officer shall be governed by section 27-149. Pursuant to subsection (e) above, the affidavit of compliance shall include proof of the required mailing to the property owner, if the petitioner is not the owner of the subject property. The notice procedure for city council's consideration of the hearing officer's recommended order is set forth in subsection (j)(1)d.ii.

(j)

Review hearing.

(1)

Review of formal decision of the zoning administrator.

a.

In a petition to review a formal decision rendered by the zoning administrator, the petition shall be heard by the hearing officer, in a de novo proceeding. The hearing officer shall provide a recommended order to city council for a final determination as set forth below.

b.

Pre-hearing procedures.

i.

Hearing officers. The city shall negotiate and enter into contracts with hearing officers from time to time, and shall maintain a list of such hearing officers. Cases shall be assigned to hearing officers on a rotating basis. If a hearing officer is unable to accept a case because of a conflict, time constraints, or any other reason, the case shall be assigned to the next available hearing officer on the list. Upon scheduling the hearing, the city clerk shall notify all parties of the assignment of the particular hearing officer and the date upon which the hearing will be held.

ii.

Parties. The parties to the petition for review shall include the petitioner, the property owner (if not the petitioner) and any person who participated in the formal decision process by submitting evidence or testimony during the open record period, as defined in section 27-54.

iii.

Non-party participants. Any person who participates in the hearing before the hearing officer but does not qualify as a party as set forth in section (ii) above shall be considered a non-party participant.

iv.

Hearing date. The hearing shall commence no more than ninety (90) calendar days after the date the petition was filed, unless all parties stipulate in writing to a later hearing date.

v.

Motions. Any motion to be filed by a party for consideration by the hearing officer must be submitted to the city clerk with a copy to the City of Tampa Legal Department no less than seven (7) calendar days prior to the scheduled hearing. The hearing officer may render a written opinion on the motion without argument prior to the hearing, or may request argument prior to conducting the hearing.

c.

Hearing.

i.

Oath. The hearing officer shall have the power to administer oaths. All testimony shall be under oath.

ii.

Consideration. The hearing officer shall consider all relevant evidence and testimony presented prior to or during the hearing, including the formal decision issued by the zoning administrator and all competent evidence upon which that formal decision was based. The hearing officer shall also consider all relevant provisions of the City of Tampa Code of Ordinances, or other applicable administrative, federal or state law in effect at the time the petition was filed.

iii.

Burden of proof. The petitioner filing the request for review shall have the burden of proof.

iv.

Formality. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted. Hearsay evidence may be admitted, but shall not form the sole basis for the hearing officer's recommended order. Irrelevant and unduly repetitious evidence shall be considered non-persuasive. The hearing shall be conducted in a manner to ensure that procedural due process is afforded the parties and non-party participants.

v.

Record. All evidence received by the hearing officer during the hearing, shall be kept on file in the city clerk's office. The hearing shall be recorded. The record of the hearing shall, at a minimum, consist of the formal decision issued by the zoning administrator; all notices, motions or rulings of the hearing officer; all evidence received by the hearing officer during the hearing; the recommended order issued by the hearing officer; and, the verbatim record of the hearing consisting of a video recording (tape, digital, or other available visual media) of the hearing, or a verbatim transcript if one is provided.

d.

Recommended order; exceptions.

i.

Contents. The hearing officer's recommended order shall contain findings of fact, based exclusively on the record, and conclusions of law. The recommended order of the hearing officer shall be based on competent substantial evidence after applying the criteria set forth in the City Code and any applicable administrative, federal and state law in effect at the time the petition was filed.

ii.

Filing of recommended order: Public notice. The hearing officer shall file a recommended order with the city clerk within fifteen (15) working days of the close of the hearing. The city clerk shall provide a copy of the recommended order along with the notification of the date the recommended order is scheduled for consideration by city council, to all parties and interveners that provide the clerk with either electronic mail information or prepaid postage.

iii.

Exceptions. All parties shall have ten (10) working days prior to the date that the recommended order is scheduled for consideration by city council to file with the city clerk exceptions to the recommended order. Exceptions shall consist of any objections to the findings of fact or conclusions of law contained in the recommended order. The exceptions must identify the disputed portion of the recommended order by page number and paragraph and provide the basis for the exception, including citation to any evidence in the record. If the exception is based upon testimony presented at the hearing, then the person filing the exception must provide either a verbatim transcript of the proceedings or a video recording (tape, digital, or other available visual media) record of the public hearing.

e.

City council consideration of the recommended order.

i.

Submission of the recommended order. Upon receipt of a recommended order from the hearing officer, and after the deadline for receipt of exceptions thereto, the city clerk shall forward the recommended order and any exceptions to city council, along with a copy of all documentary evidence accepted by the city clerk during the hearing.

ii.

Oral argument.

1.

City council may only allow public discussion upon a request for oral argument filed by a party or upon its own motion. City council may only open the meeting for oral argument if city council finds that the hearing officer did not address a matter introduced into the record or the recommended order contains an ambiguity. If city council allows oral argument, city council may limit such oral argument to addressing only those matters for which it opened for oral argument.

2.

Parties must file their requests for oral argument concurrent with the filing of an exception. The request shall be based upon the criteria described in subsection 1. above. The city council attorney shall review the request for oral argument and make a recommendation as to whether the request for oral argument meets the criteria.

3.

In the event that city council approves the request for oral argument, the content of testimony shall be the same as the content of testimony submitted verbally or in writing to the hearing officer. If city council permits oral argument, it shall allow staff and each party up to ten (10) minutes for oral presentation or argument. Non-party participants may be permitted oral presentation or argument of up to three (3) minutes. No person may submit new evidence to the city council during oral argument and all persons must confine their presentations to evidence made part of the record before the hearing officer.

iii.

Final order. City council may adopt the recommended order as the final order, or may reject or modify the recommended order as provided herein. City council may not reject or modify any findings of fact reached by the hearing officer. If city council determines that a finding of fact is not based upon competent, substantial evidence contained in the record or that a finding of fact does not comply with the essential requirements of the law, city council may remand the matter back to the hearing officer, but only if it determines that additional fact finding is required. If city council rejects or modifies a conclusion of law, it must state with particularity in the final order its reasons and must make a finding that its substitution of a conclusion of law is as or more reasonable that that which was rejected or modified. If city council directs staff to prepare a revised order, the revised order shall be transmitted to the parties and non-party participants and presented to city council within forty-five (45) calendar days for adoption.

iv.

Final decision. The final order rendered by city council shall be deemed final and may be appealed to a court of competent jurisdiction in a manner set forth by applicable law.

(2)

Review of a board decision.

a.

Hearing before city council. In reviewing a board decision, city council shall apply a de novo standard of review, and shall not be limited in its review to that information, documentation, or evidence upon which the board based its determination. City council shall follow all applicable ordinances in arriving at its decision and may receive new evidence. City council, after reviewing the decision of the board and hearing evidence and testimony may do one (1) of the following:

i.

Affirm the board's decision;

ii.

Affirm the board's decision with additional conditions agreed to by the property owner or authorized agent during the public hearing;

iii.

Remand the matter back to the board for further proceedings, with direction, indicating the basis for remand; or

iv.

Overturn the decision of the board.

If a petition is remanded back to the board, then the board shall only consider and take action based upon city council's direction and basis for remand.

b.

Failure to perfect public notice and requests to continue public hearings. City council may deem a petition withdrawn and dismiss the petition, if on more than two (2) occasions, the matter is properly set before city council, but the petitioner does one (1) or more of the following:

1.

Fails to appear at the hearing;

2.

Requests a continuance; or

3.

Fails to perfect public notice as set forth in section (i) above.

c.

Decision to be reviewed. The petition at the hearing before city council shall be on the same application presented at the hearing(s) before the lower board. If there is a change in nature or extent of the underlying application request presented to the lower board, the case shall be remanded to the lower board. Nothing in this section shall prevent a property owner from offering additional conditions for approval in response to concerns raised during the city council hearing.

d.

Final decision. The decision of the city council shall be deemed final and may be appealed to a court of competent jurisdiction in a manner set forth by applicable law.

e.

Alternative process. In the alternative, a petitioner for review of a board decision may elect to have the decision reviewed pursuant to subsection (1) above. In that instance, the hearing officer shall provide a recommended order to city council for a final order.

(3)

Review of AR permits.

a.

Hearing before city council. In reviewing an AR permit, city council shall apply a de novo standard of review, and shall not be limited in its review to that information, documentation, or evidence upon which the AR permit was based. City council shall follow all applicable ordinances in arriving at its decision and may receive new evidence. City council, after reviewing the AR permit and hearing evidence and testimony may either affirm the AR permit or deny the AR permit.

b.

Failure to perfect public notice and requests to continue public hearings. City council may deem a petition withdrawn and dismiss the petition, if on more than two (2) occasions, the matter is properly set before city council, but the petitioner does one (1) or more of the following:

1.

Fails to appear at the hearing;

2.

Requests a continuance; or,

3.

Fails to perfect public notice as set forth in section (i) above.

c.

Final decision. The decision of the city council shall be deemed final and may be appealed to a court of competent jurisdiction in a manner set forth by applicable law.

d.

Alternative process. In the alternative, a petitioner for review of an AR permit may elect to have the decision reviewed pursuant to subsection (1) above. In that instance, the hearing officer shall provide a recommended order to city council for a final order.

(Ord. No. 2016-64, § 1, 5-5-2016; Ord. No. 2018-3, § 1, 1-11-18; Ord. No. 2018-40, § 1, 3-15-18; Ord. No. 2019-54, § 15, 4-18-2019; Ord. No. 2020-166, § 9, 12-17-2020)

(a)

This section implements the policy of the city for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to this chapter or the city's practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.

(b)

A request by an applicant for reasonable accommodation under this section shall be in a form provided by the city and shall include, at a minimum, the following information:

(1)

Name, telephone number, physical address, and electronic mail address (if available) of the requesting party and representative, if applicable;

(2)

Physical address of housing or other location at which accommodation is requested;

(3)

Description of qualifying disability or handicap;

(4)

Description of the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought; and

(5)

Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service.

(c)

The applicable code authority, as set forth in this chapter, or designee, shall have the authority to consider and act on requests for reasonable accommodation.

(d)

General process. Applications for reasonable accommodations shall be processed as follows:

(1)

The applicable code authority, as set forth in this chapter, or designee, shall issue a written determination within thirty (30) working days of the date of receipt of a completed application and may, in accordance with federal law:

a.

Grant the accommodation request;

b.

Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or

c.

Deny the request. Any such denial shall be in writing and shall state the grounds therefore.

(2)

All written determinations shall give notice of the right to seek review of a certification in the manner set forth in section 1-19, City of Tampa Code of Ordinances. The written determination shall be sent to the requesting party at the address listed in the application by certified mail, return receipt requested.

(3)

Additional information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the applicable code authority, as set forth in this chapter, or designee, may, prior to the end of said thirty-day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) calendar days after, the date of the request for additional information, to provide the requested information. In the event a request for additional information is made, the thirty-working-day period to issue a written determination shall no longer be applicable, and the applicable code authority, as set forth in this chapter, or designee, shall issue a written determination within thirty (30) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen-calendar-day period, the applicable code authority, as set forth in this chapter, or designee, shall issue a written notice, advising that the requesting party has failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and withdrawn, and no further action by the city, with regard to said reasonable accommodation request, shall be required.

(e)

In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish the following:

(1)

That the proposed accommodation(s) being sought is (are) reasonable and necessary to afford handicapped/disabled person(s) equal opportunity to use and enjoy housing or other service(s); and

(2)

That the person(s) are protected under the FHA and/or ADA by demonstrating that said person(s) are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section and pursuant to the ADA, the disabled person(s) must demonstrate one (1) of the following:

a.

A physical or mental impairment, which substantially limits one (1) or more major life activities;

b.

A record of having such impairment; or

c.

That the person(s) is (are) regarded as having such impairment.

In addition to the above, the decision whether to grant or deny a request for a reasonable accommodation shall be based on the following factors:

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the city; and

(4)

Whether the requested accommodation would require a fundamental alteration of a material nature in the city's land use, zoning, or development policies.

The foregoing (as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the applicable code authority, as set forth in this chapter, or designee, or by city council.

(f)

There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section, and the city shall have no obligation to pay a requesting party's attorneys' fees or costs in connection with the request.

(g)

While an application for reasonable accommodation is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant. However, should the applicant proceed with any property purchase, building, construction, or other work associated with establishing a project or residence housing for individuals covered by the Americans with Disabilities Act or the Fair Housing Act while an application for a reasonable accommodation is pending, the applicant understands that any of these actions are done at the applicant's own risk because the application may be denied.

(h)

Granting of a reasonable accommodation does not affect obligations to comply with all applicable regulations not at issue in the requested accommodation.

(i)

The following general provisions shall be applicable:

(1)

The city shall display a notice on the city's webpage advising the public that disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein.

(2)

A disabled individual may apply for a reasonable accommodation on her/his own behalf, or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual.

(3)

The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including without limitation, assistance with reading application questions, responding to questions, completing the form, etc., to ensure the process is accessible.

(Ord. No. 2018-150, § 2, 10-4-2018)

The purpose of the Development Review and Compliance staff review ("DRC") is to assist prospective developers, the city council and any other decision-making body that may be established to regulate land use within the city. Further, it is the intent of the DRC to provide technical assistance and guidance on development projects to achieve compliance with design and development standards established by this Code and to promote the goals and objectives of the adopted comprehensive plan.

(Ord. No. 2022-138, § 2, 8-25-2022)

The following boards and/or commissions shall have the authority to grant variances from the terms and requirements of this chapter as follows:

(a)

Variance review board. Except as provided in subsections (b) and (c) below, the variance review board (VRB) established pursuant to this chapter, shall have the authority to hear and grant variances from the terms and requirements of this chapter relative to:

(1)

All yard (setback), fence and buffer requirements.

(2)

The height of structures in the following residential districts: RS-150, RS-100, RS-75, RS-60, RS-50, RM-12, RM-16, and RM-18.

(3)

On-site and off-site sign requirements, excluding Crosstown Expressway signs.

(4)

Such other matters as the VRB may be required to pass upon, decide or determine pursuant to this chapter.

(b)

Barrio Latino Commission. In the Ybor City Historic District, as designated and defined in this chapter, the Barrio Latino Commission (BLC) shall have the authority to hear and grant variances from the terms and requirements of this chapter relative to:

(1)

All yard (setback), fence and buffer requirements.

(2)

The height of structures in the YC-2 residential district.

(3)

On-site and off-site sign requirements, excluding Crosstown Expressway signs.

(4)

Such other matters as the BLC may be required to pass upon, decide or determine pursuant to this chapter.

(c)

Architectural Review Commission. In those historic districts or landmark sites designated by the Architectural Review Commission (ARC) pursuant to this chapter, the ARC shall have the authority to hear and grant variances from the terms and requirements of this chapter relative to:

(1)

All yard (setback) fence and buffer requirements.

(2)

The height of structures in the following residential districts: RS-150, RS-100, RS-75, RS-60, RS-50, RM-12, RM-16, and RM-18.

(3)

On-site and off-site sign requirements, excluding Crosstown Expressway signs.

(4)

Such other matters as the ARC may be required to pass upon, decide or determine pursuant to this chapter.

Nothing is this section shall be construed to authorize any board or commission to permit a use in a district where that use is neither a permitted use or a special use.

(a)

Establishment. There is hereby established the City of Tampa Land Development Variance Review Board to be known as the "variance review board" or "VRB." The VRB shall consist of seven (7) members appointed by the mayor and city council, as provided herein; and all seven (7) members shall be residents of the City of Tampa.

(b)

Composition and terms. Four (4) members of the VRB, and one alternate member, shall be appointed by the mayor with the approval of a majority of city council, and three (3) members and one alternate member shall be appointed by the city council.

In appointing members, the mayor and city council shall include: two (2) arborists or nurserymen or horticulturalists or urban foresters or landscape architects (but not more than one (1) of each), one (1) appointed by the mayor and the other by city council; one (1) developer or contractor, appointed by the mayor; two (2) attorneys or architects or urban planners or engineers (but not more than one (1) of each), one (1) appointed by the mayor and the other by city council; and two (2) persons representing neighborhood/civic interests, one (2) appointed by the mayor and the other by city council. The two (2) alternate members may be from any of the categories set forth above.

In the initial appointments to be made subsequent to the effective date of the ordinance from which this subsection is derived, the terms of two (2) of the mayoral appointees shall be for two (2) years, and the terms of the remainder of the mayoral appointees (including the alternate) shall be for four (4) years, and the terms of the city council appointees (including the alternate) shall be for three (3) years; thereafter, mayoral and council appointments shall be made whenever the terms of their respective appointees expire, and all appointments shall be for a term of four (4) years.

Each VRB member shall serve until appointment and qualification of his successor. A member may be appointed for a second consecutive term; however, after two (2) consecutive terms a member shall not be eligible for reappointment until one calendar year has elapsed from the date of termination of the second term.

Vacancies created for any reason shall be filled within sixty (60) days of the effective date of the vacancy. When a vacancy occurs during a term of office, the person selected to fill the vacancy shall be appointed for the unexpired portion of the term. An appointment to fill a vacancy shall be made by the mayor, with the approval of the majority of city council, if the vacating member was a mayoral appointee, or by the city council if the vacating member was a council appointee.

Alternate VRB members may only participate in discussions and vote on matters in the event of an absence of one (1) of the regular VRB members.

(c)

Officers. Each year, at its annual meeting, the VRB shall elect one member to serve as chairperson, and one member to serve as vice-chairperson. The chairperson shall preside at all VRB meetings and shall have the right to vote. In the absence or disability of the chairperson, the vice-chairperson shall perform the duties of the chairperson. If both the chairperson and vice-chairperson are absent or disabled, the majority of the VRB members present shall elect a chairperson to serve during the absence or disability of the chairperson and vice-chairperson.

(d)

Administrator. The administrator of the variance review board shall be the zoning administrator. The administrator or designee shall be responsible for supervising the preparation of materials for meetings, the maintenance of all records and the preparation of correspondence. The administrator or designee shall also be responsible for scheduling regular meetings as well as workshop meetings of the board. When requested by the chairperson, the administrator or designee shall also represent the board at public meetings. Other responsibilities shall include coordination with appropriate city departments and making recommendations to the board regarding rules of procedure.

(a)

Meetings. The VRB shall meet at least once a month at a regularly scheduled time. Additional meetings may be called by the chairperson or upon the request of five (5) VRB members. All meetings of the VRB shall be open to the public.

(b)

Attendance at meetings. Any member of the VRB who is absent from four (4) meetings in a twelve-month period, or is absent from three (3) consecutive meetings, shall automatically be removed from the VRB.

(c)

Quorum and voting. A quorum of the VRB, necessary to conduct any business of the board, shall consist of four (4) members. A simple majority of those present and empowered to vote shall be necessary to conduct routine business and to approve or deny an application for a variance.

(d)

Rules of procedure. The VRB shall adopt and make public rules of procedure for the conduct of its business, provided such rules are consistent with the provisions hereof.

(e)

Minutes. The VRB shall prepare and keep on file minutes and a record of its meetings, including the vote of each member on every question, and all documents submitted to it in every case. The VRB shall cause a tape recording to be made of all proceedings before the board.

(Ord. No. 2020-166, § 11, 12-17-2020)

The VRB shall have the following powers and duties:

(a)

Chapter 27, Article VI, Division 4, related to natural resources. Hear and authorize variances from the terms and requirements of Article VI, Division 4, as set forth therein; provided, however, that the VRB shall not waive or vary, in its entirety, any section of the division, and shall not have the authority to waive or vary any requirements of the technical manual adopted pursuant to section 27-284.1.1.

(b)

Article VI, Division 6, Signs.

(1)

Hear and decide administrative appeals from any order, requirement, decision or determination made by the neighborhood improvement manager or any staff member in interpreting any sign-related provision of Article VI, Division 6 in accordance with section 27-61(a).

(2)

Hear and authorize variances from any sign-related provision of Article VI, Division 6, excluding Lee Roy Selman Expressway signs. Variances are not permitted for prohibited signs.

(c)

Chapter 27 Zoning and Land Development.

(1)

Hear and decide administrative appeals from any order, requirement, decision or determination made by the zoning administrator in the performance of his duties in accordance with section 27-61(a).

(2)

Hear and authorize variances from the terms and requirements of Chapter 27, Zoning and Land Development, relative to:

a.

All yard (setback) and fence requirements.

b.

The height of structures in the following residential districts: RS-150, RS-100, RS-75, RS-60, RS-50, RM-12, RM-16, and RM-18.

c.

Such other matters as the VRB may be required to pass upon, decide or determine pursuant to Chapter 27.

Nothing in this section shall be construed to authorize the board to permit a use in a district where that use is neither a permitted use or a special use.

(Ord. No. 2019-54, § 16, 4-18-2019)

(a)

The VRB shall only be authorized to grant variances in cases where the VRB expressly finds that the applicant has demonstrated practical difficulties or unnecessary hardships and that the request ensures the public health, safety and general welfare are protected. When reviewing a variance application, the VRB shall base its decision on substantial competent evidence in the official record and shall consider the following criteria:

(1)

The alleged hardships or practical difficulties are unique and singular with respect to the property, or with respect to a structure or building thereon, and are not those suffered in common with other properties, structures, or buildings similarly located.

(2)

The hardship or practical difficulty does not result from the actions of the applicant. A self-created hardship or practical difficulty shall not justify a variance.

(3)

The variance, if granted, will not substantially interfere with or injure the health, safety, or welfare of others whose property would be affected by allowance of the variance.

(4)

The variance is in harmony with, and serves the general intent and purpose of, this chapter and the adopted Tampa Comprehensive Plan.

(5)

Allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships or practical difficulties that will be suffered due to a failure of the board to grant a variance.

(b)

The VRB may impose reasonable conditions upon the granting of any variance to ensure that the public health, safety and general welfare shall be protected and substantial justice done. Any violation of such conditions shall be a violation of this Code.

There shall automatically be a time limit of two (2) years, during which the variance must be utilized. A six-month extension to this time limit may be approved by the zoning administrator, provided the applicant requests an extension prior to the expiration of the time limit.

(a)

Administration. Applications for variances or tree removal permit approvals shall be filed with the zoning administrator, as the administrator for the variance review board (VRB). Applications for grand tree removal permit approvals shall not be set for hearing until the recommendation of the natural resources coordinator, or designee, is forwarded to the administrator, as provided in section 27-284.2.5. Applications shall be submitted on forms provided by the zoning administrator. The administrative review fee for such applications shall be as prescribed by city council resolution. Each application for a variance to the wet land setback requirements set forth in section 27-286 shall be accompanied by a written recommendation from an authorized representative of the Hillsborough County Environmental Protection Commission or the natural resources coordinator, or designee.

(b)

Public notice. The procedures for required public notice shall be governed by section 27-149. Per subsection 27-149(c)(3), the applicant shall file the required affidavit of compliance with the zoning administrator or designee.

(c)

Decision. Following the public hearing(s) and the VRB's decision on the application, staff shall forward written notice of the decision to the applicant. If the board's decision is to grant a variance, the variance granted shall be tied to the site plan submitted by the applicant and approved by the board. If the board places conditions on the site plan, prior to final adoption of the site plan and variance request, the applicant shall provide a revised site plan to the zoning administrator or designee for review and certification of the site plan conditions. The appropriate department(s) shall issue any permit(s) in accord with the VRB's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of the action, including the enforcement of any condition(s) attached to the granting of a variance.

(Ord. No. 2019-54, § 17, 4-18-2019; Ord. No. 2020-166, § 12, 12-17-2020)

A variance application to the VRB stays all enforcement proceedings in furtherance of the code section from which the variance is sought; provided, however, that a variance application shall not stay any proceeding(s) in furtherance of the code section from which the variance is sought, if the appropriate department certifies either:

(1)

That, in the opinion of the department, a stay would cause imminent peril to life or property; or

(2)

That the situation appealed from is transitory in nature and, therefore, an appeal would seriously interfere with enforcement of this chapter.

In each instance, the appropriate department shall place in the certificate facts to support the conclusion.

(Ord. No. 95-253, § 1, 11-30-95)

Effect of denial. Denial of a variance application shall preclude consideration of a request for the same variance on the same lands or any portion thereof, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the VRB administrator shall consider a request to waive the twelve (12) month period if, in the determination of the VRB administrator, the applicant demonstrates that the new variance request has adequately addressed the grounds for denial identified during the public hearing.

(Ord. No. 2018-3, § 2, 1-11-2018)

Any aggrieved person, as defined in Chapter 27, who participated during the public hearing may appeal a decision of the VRB in accordance with section 27-61(c).

(a)

Special use permit procedures and requirements as set out in this article are intended to apply in relation to use, occupancy, location, construction, design, character, scale, manner of operation, or the necessity for making complex or unusual determinations, and to ensure consideration of the particular circumstances of each case and the establishment of such conditions and safeguards as are reasonably necessary for protection of the public interest generally and of adjacent properties, the neighborhood and the city as a whole.

(b)

In establishing this special use permit system, the intent is to increase efficiency and reduce time required for processing applications by relating administrative responsibilities and procedural requirements to the degree of complexity and potential impact of the matters being considered.

(c)

A special use permit is a grant of authority under the terms of this Code to the applicant for the use of property in the manner set out in the grant of a special use permit. Uses or occupancies requiring special use permits and the type of special use permit required in each instance are set out in the official schedule of district regulations.

(a)

Two (2) classes of special use permits are hereby established: those dealing with uses, occupancies and activities that may have limited, identifiable, and easily mitigated adverse impacts through strict compliance with specified use criteria, and those with potentially substantial effects on surrounding properties, neighborhoods, and/or the city.

(b)

Classes of special permits, the agent or body responsible for each and general provisions regarding the procedure are as follows:

(1)

S-1 special use permits; administered by zoning administrator. It is intended that S-1 permits be required in relation to certain uses and occupancies or where specified uses or characteristics of use may have adverse effects on adjacent properties unless special requirements are met.

a.

Administration by zoning administrator. The zoning administrator shall be responsible for the administration, processing, review and determination on applications for S-1 special use permits. Recommendations from other departments or agencies may be requested by the zoning administrator when necessary to establish conditions or to establish compliance with the conditions.

b.

Time frames for S-1 special use permit review by the zoning administrator.

i.

The zoning administrator, or any department or agency requested to review the S-1 special use application, shall review and issue a written determination within forty-five (45) calendar days of receipt of the complete application and payment of the associated fee, but no less than fifteen (15) calendar days after the filing of the affidavit of compliance pursuant to subsection (1)c. below. The review and determination period may be extended at the request of the applicant an additional twenty (20) calendar days. If the application is in conformity with the terms and requirements of this chapter or if specified conditions and safeguards as provided for under section 27-130, if attached, would result in such conformity, the zoning administrator shall grant the special use permit with the necessary safeguards and conditions. If the application is not in conformity with the terms and requirements of this chapter, or if the applicant will not comply with any specified conditions as provided for under section 27-130, the application shall be denied.

ii.

Applications for temporary alcoholic beverage sales special use permits must be submitted at least seven (7) calendar days prior to the date of the event. The zoning administrator shall review and issue a determination no less than one (1) calendar day prior to the date of the event. If an applicant does not meet the application submittal deadlines prescribed herein, the zoning administrator may consider an application filed after the submittal deadline as a request for an expedited review with payment for review at triple the fee of a standard review.

iii.

Upon certification of the special use site plan and issuance of an approval for alcoholic beverage sales, the zoning administrator or designee shall issue an "AB conditions placard" to the applicant, which reflects the information required by section 14-150.1.1.

c.

Public notice. Upon receipt of a complete application for a special use-1 and payment of the appropriate fee, the zoning administrator shall direct the applicant to provide public notice (not required for annual or temporary permits), pursuant to section 27-149. Per section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the zoning administrator or designee.

d.

Effect of denial by zoning administrator of any S-1 special use permit for alcoholic beverage sales or any S-2 special use permit for alcoholic beverage sales by city council shall preclude consideration of any application for temporary alcoholic beverage sales, involving the same lands or any portion thereof, for a period of three (3) months from the date of denial of the previous application (no waivers shall be granted to this provision).

(2)

S-2 special use permits; procedure for submission and consideration of decision by city council. It is intended that S-2 special use permits be required where specified uses or occupancies involve matters deemed to be of citywide or area-wide importance. The city council shall be solely responsible for decisions on all applications for S-2 special use permits.

a.

Application submitted to zoning administrator. An application for approval of S-2 special uses shall be filed with the zoning administrator, who shall, before accepting any application, ensure that it contains all required information, as specified elsewhere in this chapter.

b.

Zoning administrator analysis and report. The zoning administrator shall cause an analysis to be made of the application and, based on that analysis, prepare a report for consideration by the city council.

c.

Public hearing required; public notice specified. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the city council. The procedures for notice of the public hearing shall be governed by section 27-149.

d.

Appearance by applicant. The applicant or his authorized agent shall appear in support of his application at the public hearing. Failure to so appear, absent good cause shown, may be grounds for considering the application withdrawn pursuant to section 27-150(c).

e.

Action on the application. After completion of the public hearing, the city council shall take action on the application. This action shall be one (1) of the following:

1.

Approval;

2.

Approval with conditions attached;

3.

Approval with waiver(s) to criteria set forth in section 27-132 (with or without conditions attached);

4.

Denial.

City council shall grant waivers if city council finds that the application, after granting the waiver, is consistent with the applicable general standards set forth in section 27-129.

f.

Action subsequent to city council action. The city clerk shall cause notice of the disposition of the application to be sent to the applicant and a copy of the decision to be filed in the office of the zoning administrator. As applicable, the following additional actions shall occur:

1.

The zoning administrator or designee, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the city council's actions;

2.

Upon certification of the special use site plan and issuance of an approval for alcoholic beverage sales, the zoning administrator or designee shall issue an "AB conditions placard" to the applicant, which reflects the information required by chapters 3, 14, and 27.

g.

Effect of denial by city council. A denial of an S-2 special use permit shall preclude consideration of an application which has a substantially similar request as described in the application involving the same lands or any portion thereof for a period of twelve (12) months from the date of denial of the previous application. However, upon written application to the department, the zoning administrator shall consider a request to waive the twelve-month period, if the applicant demonstrates:

1.

A specific amendment to the zoning and land development code became law subsequent to the certification of the denied special use permit; and the amendment has the effect of altering the special use criteria, so as to allow for favorable reconsideration of the application; or

2.

The new special use permit request and/or site plan has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule as set by the zoning administrator.

(3)

Contents of application for special use. The application for a special use shall be submitted on forms provided by the zoning administrator. The application for a special use shall include at a minimum:

a.

Short term S-1 special use permits (alcohol beverage sales — temporary and vendor other than annual vendor) and S-1 permits for community gardens.

1.

A full and accurate description of the proposed use;

2.

A detailed boundary description of the area receiving the special use permit, and a graphic (sketch) that depicts the boundaries. The graphic must delineate "north," identify street names, and identify any structures on-site with dimensions. For alcohol beverage sales - temporary applications, the boundaries are the area where alcoholic beverages may be consumed ("Consumption Area"), and the graphic must also clearly delineate the areas where alcoholic beverages may lawfully be sold ("AB Sales Area") within the boundary;

3.

The name and address of the property owner;

4.

The name and address of the applicant, if different from the owner. The first application for a particular location will be considered the "master application." Any subsequent applications within the boundaries of the master application will be issued a "subpermit." The graphic for the master application must be amended to reflect the subpermit request.

b.

All other S-1 special use permits (alcoholic beverage sales—Sidewalk and street café, annual vendor) and S-2 special use permits.

1.

A full and accurate description of the proposed use;

2.

The appearance and operational characteristics of the proposed use;

3.

The name and address of the property owner;

4.

The name and address of the applicant, if different from the owner;

5.

All relevant information needed to show compliance with the general and specific standards governing the special use;

6.

For alcoholic beverage sales ("AB permit"), the survey must include the following, as applicable:

i.

A graphical depiction with square footage measurements of the location from where the sales activity will occur ("AB Sales Area") and those measurements required to demonstrate compliance with distance separation criteria; and

ii.

For locations without an existing active AB permit, where there is no expansion of floor area, outdoor/outside occupied area, or other alterations to the site proposed, then the survey required as part of the application is required to comply with subsection 7. Below except for topographic contours or tree locations; or

iii.

For locations with an existing active AB permit, where there is no expansion of floor area, outdoor/outside occupied area, or other alterations to the site are proposed, then the survey required as part of the application is required to comply with subsection 7. below except for topographic contours or tree locations; or

iv.

For locations with or without an existing active AB permit, where there is an expansion of floor area, outdoor/outside occupied area, or other alterations to the site are proposed, then the survey required as part of the application is required to comply with subsection 7. below.

7.

For all other special uses under this subsection, the property survey must include boundary, topographic contours, and tree locations onsite and within twenty (20) feet of the property boundary on all sides, general property address, and legal description.

8.

A site development plan that, at a minimum, represents a graphical depiction of the specifications above.

(4)

Time requirements.

a.

S-1 special use permit—S-1 special use permit shall be subject to a build-out deadline of two (2) years from the effective date of the S-1 special use permit. The build-out deadline shall be deemed to be met if the holder of the special use permit has completed fifty (50) percent of the permitted construction and is proceeding with the remainder of the construction under an active building permit. Failure to meet the deadline shall result in the cancellation of the permit; however, the applicant may apply for a new special use permit.

b.

S-2 special use permit—S-2 special use permit shall be subject to a build-out deadline of two (2) years from the effective date of the S-2 special use permit. The build-out deadline shall be deemed to be met if the holder of the special use permit has completed fifty (50) percent of the permitted construction and is proceeding with the remainder of the construction under an active building permit. Failure to meet the deadline shall result in the cancellation of the permit; however, the applicant may apply for a new special use permit.

(c)

All adult use special use permit applications shall be submitted and processed under the procedures specified for S-1 special use permits, excluding public notice requirements set forth in (b)(1)c. above, relating to constitutionally protected first amendment activity.

(d)

Failure by the zoning administrator, or any other department or agency requested to review an S-1 special use application relating to constitutionally protected first amendment activity, to review and issue a final determination within thirty (30) days of receipt thereof shall authorize the applicant to operate or conduct the activity for which the S-1 special use permit otherwise would be required. Provided however, if the applicant requests a continuance, or commits any other action or inaction which delays the zoning administrator's or any other department or agency's ability to issue a final determination or ruling within the time frame prescribed by City Code, then the zoning administrator's failure to issue a final determination or ruling within the time frames prescribed by the City Code then the zoning administrator, or any other department or agency so delayed shall have additional time equivalent to the length of the delay within which to issue a final determination.

(Ord. No. 2014-103, § 1, 10-16-2014; Ord. No. 2015-105, § 2, 10-15-2015; Ord. No. 2015-106, § 1, 10-15-2015; Ord. No. 2020-166, § 22, 12-17-2020; Ord. No. 2022-139, § 2, 8-25-2022)

(a)

A special use may be developed only in accordance with the plans approved by the zoning administrator or city council. Further, the variance review board or the Architectural Review Commission (in historic districts, generally, or landmark sites) or the Barrio Latino Commission (in the Ybor City Historic District) may not vary requirements in a plan approved by city council, unless such plan provides otherwise. However, the zoning administrator is authorized to approve minor changes in the approved plans of special uses, as long as they are in harmony with action by the city council, but the zoning administrator shall not have the power to approve changes that constitute a substantial deviation. A substantial deviation shall be handled as a new application and shall be resubmitted to the zoning administrator of city council pursuant to 27-127. Notwithstanding anything else to the contrary in the City of Tampa Code, the zoning administrator shall not approve minor changes or deviations under this section in or to the approved plans of, or otherwise apply to this section to, a S-1 special use relating in any way to constitutionally protected first amendment activity.

(b)

The following changes, amendments or modifications shall constitute a substantial deviation:

(1)

Any increase in intensity of use. An increase in intensity of use shall include, but not be limited to more than a five (5) percent increase in usable floor area, more than a five (5) percent increase in number of dwelling or lodging units, or more than a five (5) percent increase in outside land area devoted to sales, displays or demonstrations.

(2)

Any change in parking areas resulting in an increase or reduction of five (5) percent or more in the number of spaces approved.

(3)

Structural alterations significantly affecting the basic size, form, style, ornamentation and the like of the building as shown on the approved plan.

(4)

Any reduction in the amount of open space resulting in a decrease of more than five (5) percent of open space or any change in location of open space, recreation facilities or landscape screens.

(5)

A change in use.

(6)

Substantial changes in pedestrian or vehicular access or circulation including, but not limited to, a change in location of driveways which are determined to have negative effect on abutting property.

(7)

Any change in a condition required by the city council or the zoning administrator as part of the special use approval.

(8)

Reduction in approved setbacks by more than five (5) percent from any structure to perimeter property lines or a reduction in the separation of residential structures which results in a lesser separation than is required by section 27-162 by more than five (5) percent.

(9)

Any change which renders the special use in nonconformance with any requirements or provisions of the land development code.

(c)

The zoning administrator shall, before making a determination as to whether a proposed action is a substantial deviation, consult with the city legal department where necessary and any other applicable departments and shall review the record of the proceedings or the original application for approval of the special use permit.

(a)

Except as otherwise provided herein, the following general standards shall be met by all applicants for special use permits:

(1)

The use will ensure the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted.

(2)

The use, which is listed as a special use in the district in which it is proposed to be located, complies with all required regulations and standards, including the provisions of Articles II, VI, and IX of this chapter, unless greater or different regulations are contained in the individual standards for that special use.

(3)

The use is compatible with contiguous and surrounding property or the use is a public necessity.

(4)

The use is in conformity with the Tampa Comprehensive Plan.

(5)

The use will not establish a precedent of or encourage more intensive or incompatible uses in the surrounding area.

It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special use permit.

(b)

As appropriate to the nature of the special use permit involved and the particular circumstances of the case, the following considerations and standards shall apply generally, in addition to any other standards and requirements set forth concerning the class or kind of permit being considered.

(1)

Ingress and egress. Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency.

(2)

Off-street parking and loading. Due consideration shall be given to off-street parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping.

(3)

Refuse and service areas. Due consideration shall be given to the location, scale, design and screening of refuse and service areas; to the manner in which refuse is to be stored; to the manner of refuse collection, deliveries, shipments or other service activities, in relation to the location and nature of uses on adjoining properties; and the location and character of adjoining public ways.

(4)

Lighting. Due consideration shall be given to the number, size, character, location and orientation of proposed lighting for premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area.

(5)

Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance on other adjoining and nearby property and the character of the area.

(6)

Drainage. Due consideration shall be given to provision for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area.

(7)

Control of potentially adverse effects generally. In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special use permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood or the city, of the use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of proposed design or construction of buildings, relocation of proposed open space or alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be compatible and harmonious with other development in the area.

(c)

The general standards set forth in section 27-129(a) and (b) and referenced in the preamble to section 27-132 shall not be considered or applied in connection with the review or determination of an application for a S-1 special use permit for constitutionally protected first amendment activity. The specific standards set forth in section 27-132 shall be the only standards considered or applied in connection with the review or determination of an application for a S-1 special use permit relating to constitutionally protected first amendment activity.

(d)

Notwithstanding any other provision, if the sale of alcoholic beverages does not constitute a change of use, as defined in this chapter, then the application shall not be reviewed for compliance with the general land development regulations, with the exception of sections 27-129(a)(1), (3)—(5) and 27-132.

(a)

The agent, agency or body of the city designated by this Code as having responsibility for issuance or denial of each of the classes of special use permits set out in this article shall have authority to attach to the grant of any such special use permit such conditions and safeguards as may be necessary for the purposes of this Code in the particular case.

(b)

Such conditions and safeguards, if attached to the grant of the special use permit, shall be based upon and consistent with considerations and standards applicable to the class or kind of special use permit involved as set out in this chapter. The requirement for any such conditions or safeguards shall be supported in the record by stated reasons therefor based upon such considerations and standards, and no such condition or safeguard shall establish special limitations or requirements beyond those reasonably necessary for the accomplishment of the purpose for which attached.

(c)

Failure to comply with conditions and safeguards, when attached to a grant of special use permit, shall be deemed a violation of this Code. Any violation of the approval or conditions of approval for the sales of alcoholic beverages (all types) also subjects the permit to suspension or revocation pursuant to Article IX, section 27-318.

(d)

The conditions and safeguards shall run with the land and shall be binding on the original applicant as well as all successors, assigns and heirs.

(e)

Notwithstanding anything to the contrary in the City of Tampa Code, the zoning administrator shall not impose any conditions or safeguards under this section with respect to, or otherwise apply this section to, any S-1 special use permit relating in any way to constitutionally protected first amendment activity.

(f)

Specific to alcoholic beverage sales, city council and the zoning administrator shall not place any additional safeguards and conditions on a special use permit that are preempted by state law.

(g)

Specific to medical marijuana dispensaries and processing facilities, city council and the zoning administrator shall not place any additional safeguards and conditions on a special use permit that are preempted by state law.

(Ord. No. 2017-132, § 2, 8-24-2017)

If the special use ceases operation for one hundred eighty (180) consecutive days, the special use permit shall expire, with the exception of the provisions for alcoholic beverage sales, as set forth in Article IX.

The following specific use standards for individual special uses shall be applied by the city council or the zoning administrator, as appropriate, in deciding applications for approval, in addition to the general standards listed above in this article:

Accessory dwelling unit. The following specific standards shall be used in deciding an application for approval of this use:

a.

An accessory dwelling unit shall be limited to a maximum of nine hundred fifty (950) square feet of living space.

b.

An accessory dwelling unit may only be approved when the property owner resides on the property.

c.

An accessory dwelling unit may be located within the single-family dwelling with a separate entrance, within a conforming accessory structure, or within a nonconforming accessory structure in accordance with article VII of this chapter.

d.

At no time may the number of unrelated occupant(s) of an accessory dwelling unit exceed two (2).

e.

The special use permit shall be reviewed annually by staff and if any conditions change, a new special use permit will be required.

Adult use. The following specific standards shall be used in deciding an application for approval of this use:

a.

Location:

1.

No adult use shall be located within five hundred (500) feet of any residential or office district.

2.

No adult use shall be located within one thousand (1,000) feet of any other adult use.

3.

Distance shall be measured from property line to property line along the shortest distance between property lines without regard to the route of normal travel.

b.

All windows, doors, openings, entries, etc., for all adult uses shall be located, covered, screened or otherwise treated so that views of the interior of the establishment are not possible from any public or semipublic area, street or way.

c.

Waivers. No waivers of the specific standards set forth above shall be permitted.

Air conditioned storage. The following specific standards shall be used in deciding an application for approval of this use, except when located within the Central Business District:

a.

There will be a single, common entry into the building with customer parking in a congregate area.

b.

Individual exterior access to separate storage facility is prohibited.

c.

Storage will be limited to record retention or personal household items.

d.

Storage areas will not be used for short term storage or as a distribution center (i.e., entry in and out on a daily basis).

e.

No more than the minimum required number of loading spaces will be allowed per section 27-283.14, Tampa Code.

The following specific standards shall be used in deciding an application for approval of this use within the Central Business District:

a.

This use may only be established within a mixed use project that contains at least two (2) uses, one (1) of which must be residential;

b.

This use shall not exceed forty (40) percent of the project square footage;

c.

This use must be integrated with the structural system of the principal building, or, for projects with multiple buildings, integrated with the structural system of one (1) of the principal buildings;

d.

No customer related business or retail operations shall be permitted within or operated from the individual storage units;

e.

This use may only be located in the Central Business District on properties north of Harrison Street;

f.

This use shall not be located at the ground level, except that entrance and loading functions can occur at the ground level; and

g.

The storage of hazardous materials other than materials common in household use and in retail and commercial businesses such as ordinary detergents and other cleaning materials, cosmetics, paints and adhesives, automotive fluids in small quantities, and other such materials, shall be prohibited.

Alcoholic beverage sales (all types): All applications shall comply with parking requirements, in effect at the time of the application, and contained in the applicable section of this chapter.

(a)

Applications processing as an S-1. When processed as an S-1 permit, the zoning administrator shall only approve the application if it is consistent with the applicable specified use standards contained below:

(1)

Hotel with one hundred (100) plus rooms (on premises only):

a.

Sales shall be incidental to a hotel with one hundred (100) plus rooms.

b.

Sales only allowed with an "S" license from the state (no waivers shall be granted by the city).

c.

No outdoor amplified sound.

d.

Sales area shall not be located within a parking or loading area or space.

(2)

Bowling alley with twelve (12) plus lanes (on premises only):

a.

Sales shall be incidental to a bowling alley with twelve (12) plus lanes.

b.

Sales only allowed with an "SBX" license from the state (no waivers shall be granted by the city).

c.

No outdoor amplified sound.

d.

Sales area shall not be located within a parking or loading area or space.

(3)

Shopper's goods/convenience/gasoline/specialty retail/craft distillery-retail (package only):

a.

Sales shall be incidental to shopper's goods, convenience/gasoline retail, specialty retail, or craft distillery-retail.

b.

Sales only allowed with a license from the state as follows (no waivers shall be granted by the city):

1.

"1-APS" or "2-APS," or

2.

"3-PS" (incidental to shopper's goods retail only).

3.

"DD" or "ERB" (incidental to craft distillery only).

4.

Sales area shall not be located within a parking or loading area or space.

(4)

Bar/lounge/nightclub [only those located within Central Business District (CBD)]:

a.

No outdoor amplified sound after 1:00 a.m.

b.

No more than three (3) of this use type per city (CBD) block.

c.

Sales area shall not be located within a parking or loading area or space.

(5)

Special restaurant (on premises only):

a.

Hours of operation shall be limited to 11:00 p.m. (Sunday—Wednesday) and 1:00 a.m. (Thursday—Saturday), except within the following specific areas: Central Business District, Channel District, Ybor City Local Historic District, and West Shore Business Center (as defined in the Tampa Comprehensive Plan). Within these specific areas, the hours of operation follow Chapter 14 regarding hours for sales of alcoholic beverages.

b.

Sales only allowed with an "SRX," "1-COP," or "2-COP" license from the state (no waivers shall be granted by the city).

c.

Outdoor amplified sound is permitted until 11:00 p.m., unless within a large-scale commercial development of five hundred thousand (500,000) square feet or more of gross floor area (not including residential or office floor area).

d.

Sales area shall not be located within a parking or loading area or space.

(6)

Temporary. Applications that meet the following minimum criteria shall be processed as an S-1; no waivers shall be granted by the city for temporary permits.

a.

Applicant shall be a bona fide non-profit or governmental organization;

b.

Approvals shall be limited to on premises consumption only, and only on land(s) that meet the following criteria:

1.

Land(s) that are public right-of-way, subject to (g) and (h) below,

2.

Land(s) that maintain a non-residential zoning district; or

3.

Land(s) on which a legal conforming or legal nonconforming, non-residential use is located, on a zoning lot, within a residential zoning district;

c.

Approvals shall not be granted for a period longer than three (3) consecutive days;

d.

Approvals shall not be granted more than three (3) times in any one (1) calendar year to any one (1) organization;

e.

Sales shall cease at 12:00 a.m.; except that on December 31 of each year, sales shall cease at 2:00 a.m. on the following day (January 1);

f.

All net profits from sales of alcoholic beverages collected during the approval period must be retained by the nonprofit or governmental organization;

g.

No applications for temporary sales on property owned or held in the public trust by the City of Tampa shall be accepted unless there is a letter consenting to such application issued by the Office of the Mayor of the City of Tampa;

h.

If any portion of the event is on property owned by the City of Tampa or within any right(s)-of-way owned and/or maintained by the city, an original certificate of insurance naming the City of Tampa as an additional insured (or a copy of the insurance certificate if the original is on the file with the department of public works for a special event) showing a commercial general liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), a liquor liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), and an aggregate limit of two million dollars ($2,000,000.00) must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the city. All insurance policies must be signed by the authorized representative of the insurance company. Cancellation or modification of the insurance policy requires a thirty-day written notification to the city. During the term of the permit, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and employees for recovery damages to the extent such damage is covered under the commercial general liability or liquor liability insurance policies;

i.

Security services: Security services shall be secured and documented prior to approval of a temporary AB permit consistent with the security services requirements set forth in Chapter 28, section 28-26(7)a. Exhibit I. There shall be no waivers to this provision granted by the city.

(7)

Sidewalk café. Applications that meet the following minimum criteria shall be processed as an S-1; no waivers shall be granted for temporary permits.

a.

Permits shall not be issued until such time the right-of-way permit is issued by the transportation division for a sidewalk café. Approvals shall not be granted for a period longer than one (1) calendar year and if granted, shall be valid for the same timeframe as the right-of-way permit for sidewalk cafés

b.

Permits may be renewed by the zoning administrator, subject to the criteria herein, on an annual basis;

c.

Approvals shall only be granted for an alcoholic beverage classification which is less than or equal to the alcoholic beverage zoning classification assigned to the establishment adjoining the sidewalk café, and shall be limited to on premises consumption only;

d.

For sidewalk café sales, an original certificate of insurance naming the City of Tampa as an additional insured showing a commercial general liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), a liquor liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), and an aggregate limit of two million dollars ($2,000,000.00) must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the city. All insurance policies must be signed by the authorized representative of the insurance company. Cancellation or modification of the insurance policy requires a thirty-day written notification to the city. During the term of the approval, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and employees for recovery damages to the extent such damage is covered under the commercial general liability or liquor liability insurance policies;

e.

Sidewalk cafés are not permitted to have outdoor amplified music;

(8)

Sports team. Applications that meet the following minimum criteria shall be processed as an S-1 (Annual Permit).

a.

Applicant shall be a club or team with membership in a national professional sports league;

b.

Approvals shall be limited to on premises consumption only, and only on facilities that are located on land(s) that meet the following criteria:

1.

Land(s) that are controlled or owned by a governmental entity, and

2.

Land(s) that are no less than fifteen (15) acres;

c.

Approvals will expire one (1) year after the approvals date and may not be renewed; provided, however, that an applicant may file a new application for a new approval;

d.

Sales may only occur on game or match days that are identified on a schedule provided with the application that, if approved, will constitute part of the approval;

e.

An approval granted under this subsection (8) will be deemed to have expired if the applicant ceases operations on the property or if the applicant's right to occupy the property is terminated;

f.

Sales shall cease at 12:00 a.m.;

g.

No applications for property owned or held in the public trust by the City of Tampa shall be accepted unless there is a letter consenting to such application issued by the Office of the Mayor of the City of Tampa;

h.

If any portion of the event is on property owned by the City of Tampa or within any right(s)-of-way owned and/or maintained by the city, an original certificate of insurance naming the City of Tampa as an additional insured (or a copy of the insurance certificate if the original is on the file with the department of public works for a special event) showing a commercial general liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), a liquor liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), and an aggregate limit of two million dollars ($2,000,000.00) must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the city. All insurance policies must be signed by the authorized representative of the insurance company. Cancellation or modification of the insurance policy requires a thirty-day written notification to the city. During the term of the permit, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and employees for recovery damages to the extent such damage is covered under the commercial general liability or liquor liability insurance policies; and

i.

Security services: Security services shall be secured and documented prior to approval of an annual AB permit consistent with the security services requirements set forth in chapter 28, section 28-26(7)a. Exhibit I. There shall be no waivers to this provision granted by the city.

(b)

Applications processing as an S-1 with OP-1 zoning. When processed as an S-1 permit, the zoning administrator shall only approve the application if it is consistent with the applicable specified use standards contained below. For alcoholic beverage sales types, with OP-1 zoning, not specifically listed in this subsection, applications shall comply with the specific, applicable criteria set forth in (a) above or (c) below:

(1)

Distance separation requirements for applications processing as an S-1 with OP-1 zoning. Applications shall follow the distance separation requirements set forth below. Distance measurements shall be measured in a straight line distance from the boundary of the Alcoholic Beverage Sales Area ["AB Sales Area"] to the property boundary of the specified surrounding use as follows:

a.

Two hundred fifty (250) feet from single-family residential uses.

b.

Two hundred fifty (250) feet from places of religious assembly.

c.

Two hundred fifty (250) feet from elementary, middle and/or secondary school.

(2)

Vehicular access requirements for applications processing as an S-1 with OP-1 zoning. The subject property shall maintain direct access to an arterial road.

(3)

Additional Specific use criteria for applications processing an S-1 with OP-1 zoning.

a.

Bar/lounge/nightclub [only those located within the Westshore Overlay District boundary]:

1.

No outdoor amplified sound after 1:00 a.m.

2.

No more than three (3) of this use type within a common building.

3.

Sales area shall be located within a building that contains at least two (2) uses.

4.

Sales area shall not be located within a parking or loading area or space.

b.

Shopper's goods/convenience/gasoline/specialty retail/craft distillery-retail (package only):

1.

Sales shall be incidental to shopper's goods, convenience/gasoline retail, specialty retail, or craft distillery-retail.

2.

Sales only allowed with a license from the state as follows (no waivers shall be granted by the city):

i. "1-APS" or "2-
APS," or

ii. "3-PS" (incidental to shopper's goods retail only).

iii. "DP" or "ERJB" (incidental to craft distillery only).

iv. Sales area shall not be located within a parking or loading area or space.

c.

Restaurant (on premises only): Sales area shall not be located within a parking or loading area or space.

(c)

Applications processing as an S-2. When processed as an S-2 permit, city council shall consider the application's consistency with the applicable general standards set forth in section 27-129 and the following standards:

(1)

Distance separation requirements.

a.

Unless more specific separation requirements are set forth in (b)(1) above or (2) below, those applications that process as an S-2 permit shall follow the distance separation requirements set forth in (1)b. The distance separation requirements are based on the geographical location of the subject property in relation to the city form location, as defined in the Tampa Comprehensive Plan.

b.

Distance separation requirements. Distance measurements shall be measured in a straight line distance from the boundary of the Alcoholic Beverage Sales Area ["AB Sales Area"] to the property boundary of the specified surrounding use as follows:

1.

Within the Business Centers (Westshore & USF only): Two hundred fifty (250) feet from residential uses.

2.

Within the Urban Villages: Two hundred fifty (250) feet from other AB Sales establishments.

3.

Along Mixed Use Corridor Villages: Two hundred fifty (250) feet from residential uses, two hundred fifty (250) feet from other AB Sales establishments

4.

All other areas of the City: One thousand (1,000) feet from residential uses, institutional uses, and other AB Sales establishments.

(2)

When processed as an S-2 permit, city council shall grant waivers if they find that the application, after granting the waiver, is consistent with the applicable general standards set forth in section 27-129.

a.

Bar/lounge/nightclub:

1.

Maintain one thousand foot (1,000) distance separation from all residential and institutional uses and other AB Sales establishments.

2.

No outdoor amplified sound is permitted, unless within a large-scale commercial development of five hundred thousand (500,000) square feet (not including residential or office floor area).

3.

Sales area shall not be located within a parking or loading area or space.

b.

Restaurant (on premises only): Sales area shall not be located within a parking or loading area or space.

c.

Large venue:

1.

In addition to the provisions below, all large venues, which do not have a "full kitchen," must include the following items as part of the application and placed on the development site plan:

i. Business hours of operation.

ii. If within Channel District, Central Business District, or Ybor City Historic District, provide security plan for the establishment and any parking facility, see section 27-317.

iii. If within Channel District, Central Business District, or Ybor City Historic District, provide a noise attenuation plan which addresses how noise will be controlled to meet the requirements of the noise ordinance.

The information submitted pursuant to this subsection will be attached to the special use permit as conditions and subject to section 27-130.

For purposes of this section, "full kitchen" shall mean having commercial grade burners, ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchens must contain grease trap interceptors, and meet all applicable city, county and state codes.

2.

Sales area shall not be located within a parking or loading area or space.

d.

Small venue. The following specific standards shall be used in deciding an application for approval of this use: Sales area shall not be located within a parking or loading area or space.

(d)

All permits issued after April 1, 2011, shall keep on site, a copy of the adopted ordinance and associated site plan ("alcoholic beverages sales permit").

Auto rental. The following specific standards shall be used in deciding an application for approval of this use:

a.

Auto rental shall be limited to non-commercial automobiles, SUV's, and vans.

b.

No more than twenty (20) rental vehicles shall be stored on the property at one time.

c.

Storage areas for vehicles to be rented shall be located in the rear of the building and screened from the view of rights-of-way with a solid one hundred (100) percent opaque fence.

d.

The parking area for employees and customers using rental services may be located in the front or side of the building. However, rental vehicles may not be stored in any parking lot within view of rights-of-way.

e.

Accessory uses may include car wash, cleaning and preparation and minor vehicle repairs for rental vehicles only, and such activities shall be located in the rear of the building and screened from the view of rights-of-way with a solid one hundred (100) percent opaque fence.

f.

The property shall contain a minimum of ten thousand (10,000) square feet.

g.

The use shall comply with applicable special district and/or overlay district standards.

Bank. The following specific standards shall be used in deciding applications for the approval of this within the Ybor Historic District.

a.

The bank special use must be located in a mixed-use development and within its commercial area. Mixed use development is used herein to describe development that typically includes residential and neighborhood services, and office or commercial uses, but does not consist of freestanding solely commercial or solely retail developments.

b.

Its area shall be limited to five thousand (5,000) square feet of gross floor area per zoning lot, and located on the ground floor.

c.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

d.

An exterior automated teller machine may be located at the bank, provided the machine is limited to pedestrian access only.

e.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

Bank, drive-in. Within the following identified districts, the specific standards set forth below shall be used in deciding an application for approval of this use. In any other district in which this use is a special use, the standards required for the use identified as "drive-in window" shall apply.

Channel District:

1.

A drive-in bank shall only be permitted as an accessory use to a bank which is a principal use on the same zoning lot.

2.

Approval of this use within the Channel District shall be limited to the three (3) drive-throughs for each zoning lot having at least twenty thousand (20,000) square feet in area.

3.

Adequate queuing space shall be provided according to City of Tampa Department of Public Works Standards.

4.

In reviewing this special use, the zoning administrator shall consider and base his decision on the goals of the "The Channel District, A plan for the future" (August 1993). Specifically, the approval of this special use shall not interfere with the pedestrian focus and water-oriented character of the District, shall support a diversified Channel District and shall be consistent with the design guidelines of the district. The site plan must demonstrate how pedestrian impact is minimized by at least one (1) of the following methods:

i.

There is an additional ten (10) percent green space provided on site above the minimum required green spaces required pursuant to section 27-285, City of Tampa Code.

ii.

Required perimeter trees, pursuant to section 27-285 of the City of Tampa Code, shall be a minimum four (4) inches in diameter when measured at six (6) inches above grade and eighty (80) percent of the recommended trees planted on the parcel shall be shade trees.

iii.

An alternative method of mitigation may be approved by the zoning administrator, with the advice of the city planning department, provided the proposed method promotes the pedestrian focus of the abutting right-of-way.

5.

Any structural canopy or cover over the drive-through lanes must be designed to architecturally compliment the main structure (i.e. style, material, texture, color).

6.

Driveway access must be designed to minimize negative pedestrian impact. The width of a driveway should not exceed the minimum allowed width established by the City of Tampa.

Bar and lounge (in YC-7 district). The following specific standards shall be used in deciding an application for approval of this use in the YC-7 zoning district:

a.

The proposed bar and lounge shall be clearly incidental and accessory to the principal use of the building.

b.

The proposed use shall be limited to the same hours of operation as the principal use.

c.

The bar/lounge area shall be located in the enclosed floor area of a building.

Bed and breakfast. The following specific standards shall be used in deciding an application for approval of this use:

a.

The building and parking area shall be located and maintained in a manner compatible with the general character of the surrounding neighborhood.

b.

The use must be operated by the manager who lives on the premises. The total number of available lodging units for rent shall not exceed three (3) units.

Blood donor center. The following specific standards shall be used in deciding an application for approval of this use:

a.

The blood donor center shall not be located within five hundred (500) feet of any residential or office district.

b.

The blood donor center shall not be located within one thousand (1,000) feet of any other such blood donor center or temporary help agency.

c.

Distances shall be measured from property line to property line along the shortest distance between property lines without regard to route of normal travel.

Catering shop. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

c.

Compliance with section 27-282.20 is required.

Cemeteries. The following specific standards shall be used in deciding an application for approval of this use:

a.

All requirements of the state statutes regarding the interment of human dead have been met.

b.

A minimum size of eighty-five thousand (85,000) square feet is provided.

c.

The site shall have direct access from a collector or arterial street as shown on the major street map.

d.

There shall be adequate space within the site for the parking and maneuvering of funeral corteges.

e.

No interment shall take place within thirty (30) feet of any zoning lot line.

Clinics. In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of this use:

a.

The use shall be clearly incidental and accessory to the principal use of the structure.

b.

Offices shall be permitted only in structures of three (3) floors or more and shall be located only on the ground floor.

Club. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

Commercial telecommunication towers. The following specific standards shall be used in deciding an application for approval of this use.

a.

The commercial telecommunication tower shall meet the following locational criteria:

1.

Non residential uses must be adjacent to the site on two (2) or more sides of the property.

2.

There must be access to collector or arterial streets.

b.

The need for the tower shall be verified through documentation submitted to the city's technical expert.

c.

The commercial telecommunication tower applicant shall submit an annual report to land development coordination demonstrating continued need for the commercial telecommunication tower.

Community garden, private: The following specific standards shall be used in deciding an application for approval of these uses:

a.

Size limitation. Within residential zoning districts, a community garden, private may not be greater in size than two (2) acres.

b.

Noise limitations. No gardening activity may take place before sunrise or after sunset. The use of hand tools and domestic gardening tools is encouraged. The use of other machinery and other noise-emitting equipment is subject to the noise standards set forth in Chapter 14.

c.

Maintenance responsibilities. The property maintenance responsibilities shall be that of the property owner and any lessee of the property, including the community garden group/organization. Standards for property maintenance are set forth in Chapter 19.

d.

Agricultural chemical application. Application of fertilizer, pesticide, insecticide, herbicide and/or agricultural use chemicals shall be consistent with product label instructions and all applicable local, state, and federal laws. Integrated Pest Management and organic gardening is strongly encouraged.

e.

Sale of harvested crops.

1.

Within residential zoning districts, the produce and horticultural plants grown in a community garden are not intended to be offered for sale on or from the premises on a daily basis. Sales shall be allowed only when part of an event as stated in (4) below.

2.

Within office and commercial districts, the produce and horticultural plants grown in a community garden may be sold from the premises on a daily basis.

f.

Events. Events with sales of crops or goods on residentially zoned property will be limited to a maximum of four (4) events per year.

g.

Permitted structures. Only the following structures shall be permitted in a community garden:

1.

Greenhouses, hoophouses, storage sheds, shade/water collection canopies, and planting preparation houses.

i.

Location. Buildings shall be setback from property lines consistent with the minimum principal building setbacks in the front yards and accessory building setback of the underlying zoning district for all other yards.

ii.

Height. No building or other structures shall be greater than fifteen (15) feet in height.

iii.

Building coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed twenty (20) percent of the garden site.

2.

Fences. Fencing shall be subject to the regulations of section 27-290.1 and any applicable Overlay District, Historic District or design district regulation. Fencing placed parallel to the front property line shall adhere to Crime Prevention through Environmental Design (CPTED) principles.

3.

Outdoor furniture and garden art.

4.

Planting beds raised three (3) feet or more above grade, compost bins, and rain barrel systems shall maintain the following yard (setbacks) from property lines: twenty (20) feet front yard, three (3) feet side yard, and three (3) feet rear yard.

5.

Lot coverage (use and placement of impervious materials) shall not exceed thirty-five (35) percent of the site area.

6.

Signage: Each Community Garden will have a sign indicating the name of the Community Garden and contact information of the principal operator (garden coordinator), including; name and current telephone number, web site, or e-mail address. Signage shall comply with Article VI, Division 6 standards.

h.

Parking. Off-street parking is not required for gardens on lots with a residential, YC-, CD-, or CBD- zoning district. For gardens on lots with an office or commercial zoning district, parking shall be provided at a rate of one (1) space per ten (10) individual plots, not to exceed fifteen (15) spaces. All parking shall comply with section 27-283.12.

i.

Prohibited activities. The following activities are prohibited within the Community Gardens:

1.

Littering, dumping, alcohol consumption and other unlawful activities;

2.

Amplified sound;

3.

Pets are not allowed in the garden;

4.

Storage or use of fireworks.

Congregate living facilities. The following specific criteria shall be used in deciding an application for approval of these uses:

a.

No such use shall be established within one thousand two hundred (1,200) feet of another such use, or of a professional residential facility.

b.

No external evidence of such use distinguishing it from a normal dwelling shall be visible from adjacent property, public or private.

c.

The requirements and standards of the state department of health and rehabilitative services will be met.

d.

Facilities located in RS-150, RS-100, RS-75, RS-60, RS-50, RM-12, RM-16 and RO shall be limited to a maximum number of eight (8) persons, in addition to the caregiver.

e.

The number of allowable beds shall be consistent with Tampa Comprehensive Plan;

f.

A congregate living facility that involves the renovation or rehabilitation of a historic structure is eligible to utilize the bonus density amounts allowed by the Tampa Comprehensive Plan in determining the number of permissible beds.

g.

In the Ybor City Districts, placement of the parking area and its screening will be designed to minimize the visual impact on surrounding uses. The Barrio Latino Commission shall review and approve the site plan including the parking arrangement and its screening to ensure compatibility with the characteristic of the surrounding neighborhood.

Crematorium. The following standards shall be used in deciding an application for approval of this use:

a.

A crematorium is allowed as an accessory use to a funeral parlor when located in the CG District.

b.

As an accessory use, a funeral parlor must limit cremation services to twenty (20) percent of the floor area of the building and may have no more than two (2) crematories.

c.

The facility must comply with federal, state and local regulations for such a facility.

d.

The equipment must be certified by the manufacturer that it operate free of smoke and odor and has automatic pollution monitoring equipment to constantly supervise the operation and safeguard against pollution and environmental impact.

Day care and nursery facilities (six (6) or more children or adults). The following specific standards shall be used in deciding an application for approval of these uses:

a.

Adequate off-street pickup and delivery space shall be available, approved by the department of public works.

b.

In the RS-60, RS-50, RM-12, RM-16 and RM-18 districts, the site shall have direct access to an arterial or collector street as shown on the Major Street Map.

Drive-in window. The following specific standards shall be used in deciding applications for approval of this use:

a.

The site shall have direct access to an arterial or collector street as shown on the major street map.

b.

Adequate space shall exist within the lot for vehicles to queue prior to using the drive-in window.

c.

Both the queuing lane and the drive-in window shall be at least fifty (50) feet from any property on which a residential use is located.

d.

In addition to items a. through c. above, in the Ybor City Historic District the following specific standards shall be used in deciding an application for approval of this use:

1.

Drive-in windows shall only be considered within the area surrounding the existing interstate highway interchange (I-4 at 21st/22nd Streets). The area surrounding the existing interstate highway interchange shall be defined as those properties with frontage on the connector roadways (21st/22nd Streets), and which are wholly located within the area bounded on the north by the southern right-of-way edge of the alley between 14th and 15th Avenues and parallel to the right-of-way of East 14th Avenue, and bounded on the south by the northern right-of-way edge of 12th Avenue and parallel to the right-of-way of East 13th Avenue, as those referenced rights-of-way exist [to] this date.

2.

Drive-in windows shall not in any case be allowed on a historic building.

3.

On at least one (1) street fronting the drive-in facility the maximum setback for the principal building or structural portion of that building that includes a drive-in window should also be the minimum setback so as to minimize the effect of driveway[s] and parking lots; however, in no case should that setback be greater than eight (8) feet. A structural portion of the building is herein defined as a three-dimensional structure that is physically attached or visually related to the principal building.

4.

Each drive-in window and queuing lane shall be visually screened from adjacent streets through placement of the building on the site and through the use of buffer walls and other buffering devices.

5.

The drive-in facility shall be limited to a maximum of one (1) queuing lane with one (1) cash window and one (1) food service window.

6.

Facilities with a drive-in window shall be sited to facilitate pedestrian traffic from within the historic district as well as vehicular traffic. Sidewalks on the site shall provide pedestrian access to the facility and connect to adjacent sidewalks and walkways leading toward the center of the district.

7.

Each drive-in facility in an existing interchange shall use landscaping and other design features in such a way as to link gateways with the cultural, historical and architectural heart of the district, and to visually lead the visitor into the district per the Ybor City design guidelines for gateway sites.

8.

For any restaurant which is constructed with a drive-in window, there shall be a minimum floor area of two thousand five hundred (2,500) square feet and there shall be seating constructed as part of the restaurant.

9.

All drive-in windows which are characteristically automotive-dependent uses shall minimize their intrusion into the historic district by the requirement that the zoning lot must have frontage on the adjacent roadways parallel to the interstate (13th Avenue or 14th Avenue).

e.

In addition to items a. through c. above, in the central business district, the following specific standards shall be used in deciding an application for approval of this use:

1.

Drive-in windows shall only be allowed in proximity to Interstate 275, as follows: on parcels immediately abutting Scott Street and East of Jefferson Street.

2.

Drive-in windows shall not, in any case, be allowed in a historic building.

3.

Each drive-in window and queuing lane shall be visually screened from adjacent streets through placement of the building on the site and through the use of buffer walls and other buffering devices.

4.

The drive-in facility shall be limited to a maximum of one (1) queuing lane with one (1) cash window and one (1) food service window.

5.

Facilities with a drive-in window shall be sited to facilitate pedestrian traffic from within the central business district, as well as vehicular traffic. On-site pedestrian connections shall provide pedestrian connection from the abutting public right-of-way sidewalk(s) to the facility.

6.

There shall be [a] dining area with seating constructed as part of the restaurant.

Dwelling, single family detached, semi-detached, and two family. The following specific standards shall be used in deciding an application for approval of this use:

a.

The proposed use must be located adjacent to residential uses on at least two (2) boundaries of the zoning lot.

b.

A single-family detached dwelling that is an existing dwelling may be expanded provided the proposed addition meets the required setbacks of the underlying zoning district.

Dwelling, multiple-family and dwelling, single-family attached. The following specific standards shall be used in deciding an application for approval of this use:

a.

The site shall have direct access to an arterial or collector street as shown on the major street map.

b.

When located in office and commercial districts, the site shall meet the dimensional regulations (Table 4-2 ) of the RM-24 zoning district and shall be consistent with the Tampa Comprehensive Plan.

Explosive storage and manufacturing. The following standards shall be used in deciding an application for approval of this use:

a.

All federal, state, and local environmental regulations must be met.

b.

A conceptual site plan must be submitted showing compliance with local development regulations, including the City of Tampa Fire Prevention Code and the City of Tampa Sanitary Sewer Code requirements.

Extended family residence. The specific standards shall be amended as follows:

a.

An extended family residence shall be limited to a maximum of six hundred (600) square feet.

b.

An extended family residence may only be approved when the main residence is owner occupied.

c.

An extended family residence may be designed to be located within the single-family dwelling with a separate entrance or in a conforming accessory structure; however, it may not be located in a nonconforming accessory structure or structure made conforming as a result of a variance. The extended family residence shall not be separately metered for electricity or water.

d.

The occupant(s) of an extended family residence will be limited to family members related by marriage, blood, adoption, or legal guardianship.

e.

The intention of this use is to meet a temporary need. At no time may the number of occupants of an extended family residence exceed two (2).

f.

The occupant(s) of the extended family residence may not pay rent for the use of the residence or property.

g.

The owner(s) of the single-family dwelling must certify his/her understanding that an extended family residence is limited by the conditions presented in the S-1 Application, including: number of occupants, who the occupant(s) will be, the relation of the occupant(s) to the main resident(s), and location and size of the extended family residence. This certification shall be attached to the approval letter as an exhibit.

h.

The special use permit shall be reviewed annually by staff and if any conditions or occupants change, a new special use permit will be required.

Hazardous materials. The following standards shall be used in deciding an application for approval of this use:

a.

All federal, state, and local environmental regulations must be met.

b.

A conceptual site plan must be submitted showing compliance with local development regulations, including the City of Tampa Fire Prevention Code and the City of Tampa Sanitary Sewer Code requirements.

Heliport, helistop. The following specific standards shall be used in deciding an application for approval of this use:

a.

A heliport or helistop shall only be located on the roof of a building which is a minimum of sixty (60) feet in height.

b.

The heliport or helistop shall be evaluated for its noise impact and potential hazard to the surrounding residential areas and shall mitigate that impact through site design, hours of operation and other applicable techniques.

Hospital. In the U-C District, the following standards shall be used in deciding an application for approval of this use:

a.

A hospital shall be allowed to be private or public. The facility shall be allowed to provide health services primarily for inpatients, medical or surgical care of the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, staff offices, and staff housing, which are integral parts of the facility.

b.

Public or private hospitals shall have provision for such of the following facilities as may be required in order to be accredited by the Joint Commission on Accreditation of Hospitals sponsored by the American College of Physicians, American College of Surgeons, American Hospital Association and the American Medical Association:

Emergency facilities, pediatric and obstetric facility, surgical facilities, pathology and radiology facilities, pharmacy facilities, dietary department, medical records facilities, medical library facilities, laundries, and other services and facilities.

c.

Hospitals shall provide for a minimum of one hundred (100) beds exclusive of bassinets, and shall have a minimum gross floor area of six hundred (600) square feet per bed.

d.

The minimum site area shall be thirty (30) acres and the minimum width of the site shall be six hundred (600) feet.

Hotel/motel. In the U-C District, the following standards shall be used in deciding an application for approval of this use:

a.

The site shall have frontage on an arterial or collector street as shown on the Major Street Map on file in the City of Tampa Transportation Division.

b.

Access to the site shall comply with the Department of Public Works regulations. Access to the University's internal vehicular circulation system is permitted, provided the system is adequate to accommodate the additional traffic generated by this use without undue hazard and congestion.

c.

The site layout shall comply with all development regulations for said use.

Interim parking (in YC-7 District). The following specific standards shall be used in deciding an application for approval of this use in the YC-7 Zoning District:

a.

The design of the interim parking lot shall meet the minimum standards set forth in section 27-283.13(a).

b.

The proposed and required improvements shall be designed to be consistent with the Ybor City Historic District design guidelines. The Barrio Latino Commission shall conduct a preliminary review of the special use site plan and shall give city council a recommendation as to the appropriateness of this use on the property.

c.

Within the YC-7 District, city council shall determine the appropriate time frame for the use of the property as an interim parking lot, including hours of operation and duration of the special use. In determining an appropriate time frame, city council shall consider the impact this special use will have on residential uses. The maximum duration for any interim parking lot in the YC-7 District is five (5) years. No waiver of this condition is allowed.

d.

The interim parking shall be screened from all adjacent residential uses in accordance with the requirements of section 27-284.3.3.

Junkyard. The following specific standards shall be used in deciding applications for approval of this use:

a.

No junkyard shall be located within flood zone A, as established by the Federal Emergency Management Agency.

b.

All federal, state and local environmental regulations must be met.

c.

A conceptual site plan must be submitted showing compliance with local development regulations.

d.

That such business shall be carried on, maintained or conducted entirely inside an enclosed building or buildings, unless the premises on which such business is carried on, maintained or conducted shall be entirely enclosed by a solid fence or wall in accordance with the requirements of sections 27-284.3.3 and 27-282.12, City of Tampa Code.

e.

That such fence or wall shall be maintained in a neat, safe condition and shall be painted.

f.

No junk or secondhand article shall be piled or be permitted to be pile in excess of the height of the enclosing fence or wall, or be piled closer than three (3) feet to the wall.

g.

That all gas, oil, or other inflammable liquid shall be drained and removed from any inoperable motor vehicle located thereon.

h.

That the premises shall be arranged so that reasonable inspection or access to all parts of the premises can be had at any time by fire, health, police and building authorities.

Exception. A proposed development shall be exempt from the requirements of this subsection if it has received a final local development order as defined in the concurrency management system ordinance on or before January 31, 1990.

Landfill. The following specific standards shall be used in deciding applications for approval of this use:

a.

No landfill shall be located within flood zone A, as established by the Federal Emergency Management Agency.

b.

All federal, state and local environmental regulations must be met.

c.

A conceptual site plan must be submitted showing compliance with local development regulations.

Exception. A proposed development shall be exempt from the requirements of this subsection if it has received a final local development order as defined in the concurrency management system ordinance on or before January 31, 1990.

Lot, irregular. A lot of record as of the adoption of the ordinance from which this chapter was derived may be divided to create one (1) conforming regular lot with frontage on the public street and one (1) irregular lot, provided the following conditions are met:

a.

The original lot is an interior lot located.

b.

The original lot has sufficient width to provide for only one (1) lot with frontage on the public street, but has unusual depth to meet the lot area requirement for two (2) lots.

c.

The dimensional and access requirements of this section shall be met.

d.

Creation of three (3) or more lots shall meet all requirements of the subdivision code.

e.

Dimensional requirements. An irregular lot shall meet the lot area as required in the applicable zoning district. However, no portion of the lot that is used primarily for access and that does not constitute a portion of the main body of the lot shall be included in the lot area computation. The required setbacks of the applicable zoning district shall be met as shown in the Diagram 5-3, section 27-161. For fence purposes only, the common lot line shall be considered a side yard.

f.

Access. The irregular lot shall have access to a public street through a portion thereof or through an approved private street or an approved access easement. If providing two-way circulation, such portion of lot or access way shall be at least twenty (20) feet in width if serving uses requiring nine (9) or less off-street parking spaces in combination, twenty-five (25) feet in width if serving uses requiring ten (10) or more off-street spaces in combination. If providing one-way circulation, such portion of lot or access way shall be at least ten (10) feet in width if serving uses requiring nine (9) or less off-street parking spaces in combination, twelve (12) feet in width if serving uses requiring ten (10) or more off-street parking spaces in combination.

g.

Existing irregular lots. An irregular lot that is a lot of record as of the adoption of the ordinance from which this chapter was derived may be developed, provided it meets the dimensional and access requirements as outlined in this section.

Material recovery facility. The following standards shall be used in deciding an application for approval of this use:

a.

Facility does not abut a property zoned or classified as residential by the most current land use designation.

b.

Within the industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:

1.

Within an area enclosed on all sides by an opaque fence or a wall not less than eight (8) feet in height and landscaped on all street frontages; and

2.

Located at least one hundred fifty (150) feet from property zoned or designed by the Tampa Comprehensive Plan for residential use.

c.

Power driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquette, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing or reusable materials.

d.

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

e.

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or pelletized. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

f.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

g.

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recallable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the zoning administrator determines that allowing overflow traffic is compatible with surrounding business public safety.

h.

One (1) parking space will be provided for each commercial vehicle operated by the processing center, plus one (1) per one thousand (1,000) square feet gross floor area.

i.

Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA.

j.

If the facility is located within five hundred (500) feet of property zoned or designated by the Tampa Comprehensive Plan for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open.

k.

Any containers provided for after-hours donation of recallable materials will be at least fifty (50) feet from any property zoned or classified as residential by the most current land use designation; all containers shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected and shall be secure from unauthorized entry or removal of materials.

l.

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.

m.

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

n.

No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

Medical marijuana dispensary. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

c.

Medical marijuana dispensaries shall not be located within five hundred (500) feet of the real property on which all or a portion of a school, as defined in section 27-43, is located.

d.

Distance measurements shall be measured in a straight line distance, from the boundary of the building(s) used as a medical marijuana dispensary or processing facility, to the property boundary of the school(s). Distance shall be measured in a straight-line, along the shortest distance between the points described above, without regard to the route of normal travel.

Nursing, convalescent and extended care facilities. The following specific standards shall be used in deciding an application for approval of these uses:

a.

The site shall have direct access to an arterial or collector street as shown on the major street map.

b.

The standards and requirements of the state department of health and rehabilitative services shall have been met.

c.

In the RM-16, RM-18, RM-24 and RM-35 districts, no such use shall be established within one thousand two hundred (1,200) feet of another such use or a congregate living facility or a professional residential facility.

Office, business and professional.

a.

In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of these uses:

1.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

2.

Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

b.

In the U-C District, offices for the administrative business or professional use shall comply with the following specific standards for approval of this use:

1.

The site for such use shall not be allowed within one thousand (1,000) feet measured from closest perimeter point to closest perimeter point of property lines of the three (3) area medical facilities:

Veteran's Administration Hospital, University Community Hospital, and Florida Mental Health Institute; and one thousand (1,000) feet from and existing University of South Florida (USF) Medical School structure, measured from the closest exterior point of USF structure to closest perimeter point of the proposed office property.

Office, medical.

a.

In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of these uses:

1.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

2.

Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

b.

In the RO, RO-1 and CN Districts, the following specific standards shall be used in deciding an application for approval of these uses:

1.

The minimum size zoning lot for a medical office shall be ten thousand (10,000) square feet in area.

2.

Reduction of the required number of off-street parking spaces for medical office use may be approved by city council when it is demonstrated that the reduction will have no negative effects on the surrounding neighborhood. The city council must follow the criteria established in section 27-283.10(b).

Parking, off-street, commercial. The following specific standards shall be used in deciding an application for approval of this use:

a.

The property to be used for commercial parking must be immediately adjacent to and not separated by a street right-of-way from the commercial use it will serve.

b.

The commercial use which is served by the parking must be located in an office or commercial district and must be a conforming use in that district.

c.

In residential zoning districts and the RO District, the size of the property to be used for parking shall be based on the size of the commercial or office use it serves and the impact of its intrusion into the surrounding residential area. However, in no case shall the parking area extend more than one hundred (100) feet from the closest boundary of the commercial or office zoning lot.

d.

The commercial parking shall only be used for parking of operative vehicles used by the employees, customers and clients of the commercial and office use. The following items shall not be permitted in the commercial parking:

1.

Storage of inoperative vehicles;

2.

Open storage;

3.

Commercial trucks or vans or any vehicle over five thousand (5,000) pounds manufacturers specified weight.

4.

Open display of vehicles available for sale or lease.

e.

The commercial parking shall be screened from all adjacent residential uses in accordance with the requirements of section 27-284.3.3.

Parking, off-street, principal and accessory use. The following specific standards shall be used in deciding an application for approval of this use:

a.

All accessory parking structures shall meet the requirements of section 27-290.

b.

The following standards shall be required in construction of any principal parking structure or surface lot:

1.

Location of access drives must be approved by the department of public works.

2.

Surface lots must be improved to department of public works standards according to section 27-283.12(d) with respect to paving and drainage.

3.

Landscaping must be provided in accordance with the city landscaping and tree planting ordinance.

c.

In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of these uses:

1.

No portion of an off-street parking area shall be located within fifty (50) feet of the right-of-way of 7th Avenue between Nick Nuccio Parkway and the eastern boundary of Ybor City Historic District. Such off-street parking may only be constructed in conjunction with a building that conceals it from pedestrian and vehicular traffic on 7th Avenue.

2.

Access from 7th Avenue to any off-street parking area is prohibited between Nick Nuccio Parkway and the eastern boundary of Ybor City Historic District.

3.

All off-street parking areas within the Ybor City Historic District shall use effective site design techniques which minimize the visual impact of the parking area from the street. In addition, the off-street parking area shall meet the regulations in section 27-178, Alternative parking requirements and the design guidelines for Ybor City.

4.

The provisions of subsections b.1. and 3. above shall be met for all parking structures.

Parking lots, temporary. The following specific standards shall be used in deciding an application for approval of this use:

a.

The term of approval for such use shall not exceed the construction period of the structure served by the temporary parking lot.

b.

Lighting, if installed, shall be so arranged that the direct illumination shall not fall outside the limits of the site covered by the application.

c.

Vehicular pedestrian access, stormwater management, dust control and interior circulation shall be in accordance with the standards and policies of the department of public works.

d.

A performance bond or other security acceptable to the legal department of the city and sufficient to ensure the removal of the parking lot and the restoration and securing of the lot subsequent to its use as a temporary parking lot shall be posted to the benefit of the city.

e.

When located adjacent to or abutting land which is being used for residential purposes, notwithstanding the zoning district classification, there shall be a solid wood fence not less than six (6) feet in height and no more than eight (8) feet in height designed to provide appropriate screening from the surrounding properties in order to lessen the parking lot's impact.

Personal services. The following specific standards shall be used in deciding an application for approval of this use:

a.

In the Ybor City Historic District.

1.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

2.

Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

b.

In the M-AP-1, M-AP-2, M-AP-3 and M-AP-4 districts, personal services shall be limited to five thousand (5,000) square feet of gross floor area per zoning lot.

Petroleum storage and/or processing. The following standards shall be used in deciding an application for approval of this use:

a.

All federal, state, and local environmental regulations must be met.

b.

A conceptual site plan must be submitted showing compliance with local development regulations, including the City of Tampa Fire Prevention Code and the City of Tampa Sanitary Sewer Code requirements.

Pharmacy. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

Place of religious assembly. The following specific standards shall be used in deciding an application for approval of these uses:

a.

All required yards shall be forty (40) feet, except that front yards may meet the requirement in the district in which it is located.

b.

Minimum lot size of twenty thousand (20,000) square feet shall be provided.

c.

The site shall have direct access to an arterial or a collector street as shown on the major street map.

d.

A place of religious assembly may be constructed in excess of the height limitations of the zoning district in which it is located provided the applicant can demonstrate that the height of the place of religious assembly does not adversely affect adjoining and nearby properties. In determining whether height has an adverse effect, the relationship of the place of religious assembly to the surrounding neighborhood, including yards, distance from streets and distance from existing residential dwellings and other structures shall be considered. Other special conditions may also be established to ensure the compatibility of the height of the place of religious assembly with the surrounding residential neighborhood.

e.

One (1) wall, pylon, or ground sign may be located at street frontage provided all of the following are met:

1.

The height of the sign shall be limited to eighteen (18) feet on an arterial street or a collector street and ten (10) feet on a local street.

2.

The sign shall not exceed thirty-two (32) square feet on display area.

3.

Such shall be setback fifteen (15) feet from the right-of-way line and thirty (30) feet from the intersection of right-of-way.

Private pleasure craft. The following specific standards shall be used in deciding an application for approval of such uses:

a.

Occupancy of private pleasure craft as living quarters shall be permissible as a special exception as a principal use only in connection with vacant lots.

b.

For such occupancy for living quarters, required off-street parking shall be provided on the zoning lot.

c.

Regulations of the city, state or federal government regarding sewage disposal, availability of potable water, security against menaces due to storm surge, tides, currents and hurricane menace shall be met.

Professional residential facility. The following specific standards shall be used in deciding an application for approval of such uses:

a.

No such use shall be established within two thousand (2,000) feet of another such use. Distance shall be measured from property line to property line along the shortest distance between property lines regardless of the normal travel route. City council may waive this distance requirement upon consideration of the following factors:

1.

Whether the existing uses which occur between the proposed professional residential facility and another such facility are predominately commercial in nature.

2.

Whether the proposed professional facility would have an adverse impact upon any adjacent residential neighborhoods; and

3.

Whether approval of the waiver would create a concentration of professional residential facility uses.

b.

No such use shall be established within one thousand two hundred (1,200) feet of a congregate living facility. Distance shall be measured from property line to property line along the shortest distance between property lines regardless of the normal travel route.

c.

No external evidence of such use distinguishing it from a normal residential structure shall be visible from adjacent property, public or private.

d.

The requirements and standards of the state department of health and rehabilitative services and state department of corrections shall be met.

e.

The site plan must thoroughly describe the type of treatment and security that will be provided at the facility.

Public cultural facility. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

Public service facility. The following specific standards shall be used in deciding the applications for approval of such use:

a.

The uses allowed shall be restricted to pumping stations, lift stations, telephone exchanges, transformer step-down stations, and similar uses required to serve the needs of the immediate residential and office districts. Water and sewage treatment plants, energy generation plants, freight and marshaling yards, terminals and similar uses shall not be permitted in office and residential districts.

b.

All uses shall be effectively screened from adjacent residential and office districts.

c.

Whenever possible, such installations shall be so constructed so as to have the exterior appearance of adjacent residential and office structures.

Public use facility. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

Radio/TV studio.

a.

The following specific standards shall be used in deciding an application for approval of this use in the Ybor City Historic district YC-1 subdistrict.

1.

The building constructed and/or rehabilitated for this use shall meet all criteria of the Ybor City Historic District Design Guidelines.

2.

The building constructed and/or rehabilitated for this use shall be limited to fourteen thousand (14,000) square feet maximum gross floor area.

3.

All parking and vehicular storage provided for this use shall be screened from view from adjacent pedestrian and vehicular thoroughfares, and further shall conform to the requirements of section 27-132, Parking, off-street, principal and accessory use, subsections (c)(1) through (c)(4).

4.

Antennae, communication towers, and other devices for sending and/or receiving communication signals associated with this use, shall be constructed or installed in a manner so as to minimize their visual impact. Such appurtenances may be permitted only in cases where they are clearly an accessory use to the radio/TV studio use and they are outside the sight-lines from pedestrian ways adjacent to the site for which this use is proposed. The design for such appurtenances shall be reviewed and approved by the Barrio Latino Commission prior to approval of this special use.

b.

The following specific standards shall be used in deciding an application for approval of this use in the M-AP 2 zoning district:

1.

The building or portion thereof constructed and/or rehabilitated for this use shall be limited to fifteen thousand (15,000) square feet maximum gross floor area.

2.

Any antenna installation proposed in M-AP zoning districts that exceeds the height of ten (10) feet above ground level or is associated with an AM, FM or TV station must have documentation from the Aviation Authority (HCAA) of no objection. Review will be subject to Federal Aviation Regulations (FAR Part 77) and FCC approval. Any electromagnetic interference causing transmitted signals to be reflected upon ground-based or airborne air navigation communications equipment or affect instrument procedures will be prohibited.

The referenced antenna devices may only be permitted in cases where the antenna is an accessory use to the radio and TV studio facilities described herein.

3.

Studio facilities shall not include areas for studio audiences. The phrase "studio audience" does not include individuals directly involved in the production of the radio/TV show.

4.

The Hillsborough County Aviation Authority shall review the special use application and shall evaluate the proposed radio/TV broadcasting facility to determine if the facility will cause interference with aircraft or the safe operation of the Tampa International Airport. If the HCAA objects to the facility, the zoning administrator will not approve the special use.

Recreational facility; commercial-outdoor. The following specific standards shall be used in deciding an application for approval of this use:

a.

A recreational facility having outdoor activities shall commit to comply with equivalent sound levels not to exceed the following standards:

1.

If the receiving use is residential: between 10:00 a.m. and 8:00 p.m.—60 dBA; between 8:00 p.m. and 10:00 a.m.—50 dBA.

2.

If the receiving use is commercial: Between 10:00 a.m. and 8:00 p.m.—60 dBA; between 8:00 p.m. and 10:00 a.m.—55 dBA.

b.

Outdoor lights located in the facility shall not illuminate any land not covered by the application for special use.

c.

The site plan shall demonstrate compliance with section 27-284.3.3. No outdoor recreation area shall be within fifteen (15) feet of abutting residential uses.

Recreational facility, private. The following specific standards shall be used in deciding applications for approval of this use:

a.

Where membership is not limited to residents of adjacent residential areas, the site shall have primary access to an arterial or collector street as shown on the major street map.

b.

The building shall be constructed and maintained to be compatible with the general character of the surrounding neighborhood.

c.

No parking or loading areas or mechanical equipment shall be located within twenty-five (25) feet of any adjoining property which is in a residential district.

d.

One (1) wall, pylon, or ground sign may be located at street frontage provided all of the following are met:

1.

The height of the sign shall be limited to eighteen (18) feet on an arterial street or a collector street and ten (10) feet on a local street.

2.

The sign shall not exceed thirty-two (32) square feet on display area.

3.

Such sign shall be setback five (5) feet from the right-of-way line and thirty (30) feet from the intersection of right-of-way, provided the placement of the sign does not obstruct visibility per section 27-283.5.

Recycling/building and auto parts. The following specific standards shall be used in deciding an application for approval of this use:

a.

All areas used for the storage of wrecked vehicles, the processing or dismantling of parts, or building scrap must be enclosed in either a building or completely surrounded by an eight-foot high masonry wall.

b.

The minimum lot size is twenty thousand (20,000) square feet for building parts recycling, and one (1) acre for auto parts recycling.

c.

All areas displaying merchandise for retail or wholesale sale must be kept neat and orderly within a completely enclosed and roofed structure. The display area must be screened according to section 27-282.13.

d.

At no time outside storage of inventory be stacked higher than six (6) feet.

e.

Recycling of auto parts must be done in compliance with all applicable federal, state and county environmental regulations. If vehicles or machinery are dismantled, then equipment used to clean parts and collect dirty oil, grease and hazardous chemicals for proper disposal must be part of the operation. A contract with a certified and licensed hauler of hazardous waste or petroleum products must be current.

f.

Used building parts (such as fixtures, windows and doors) may be stored and sold. Building debris or rubble that is dusty or any type of hazardous or biodegradable trash shall not be brought to or stored on the site.

Restaurants.

a.

In the YC-4 District, the following specific standards shall be used in deciding applications for approval of these uses:

1.

The use shall be clearly incidental and accessory to the principal use of the building.

2.

Restaurants shall be located only in structures of three (3) floors or more.

3.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

4.

Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

b.

In the YC-2 District, the following specific standards shall be used in deciding applications for approval of these uses:

1.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

2.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

Restaurant, drive-in. The standards set forth for the use identified as "Drive-in window" shall be shall be used in making a decision on an application for approval of this special use.

Retail bakery. In the Ybor City Historic District, the following specific standards shall be used in deciding applications for these uses:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with design standards developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

c.

Gross floor area shall be limited to fifteen thousand (15,000) square feet.

d.

No more than three (3) delivery/food trucks may be stored on site, overnight, at any time.

e.

Delivery trucks shall not exceed twenty-six (26) feet in length.

Retail sales, convenience goods. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

Retail sales, gasoline. The following special standards shall be used in deciding an application for approval of this use:

a.

A minimum gross land area of ten thousand (10,000) square feet shall be provided; if rental of trucks, trailers, etc., is proposed as an accessory use, the minimum gross land area shall be increased by ten thousand (10,000) square feet.

b.

The zoning lot shall front on an arterial or collector street, as shown on the major street map, and have direct access thereto.

c.

Adequate provisions shall be made for ventilation and the dispersion and removal of fumes and for the removal of hazardous chemicals and fluids.

d.

In the Ybor City Historic District, no retail sales of gasoline establishments shall be located within eight hundred (800) feet of another such establishment. Distance shall be measured from property line to property line along the shortest distance between property lines without regard to the route of normal travel.

Retail sales, lawn and garden shop. The following specific standards shall be used in deciding an application for approval of this use:

a.

In the CN District, the maximum allowed floor area for the use shall be two thousand five hundred (2,500) square feet or .35 FAR whichever is less. The floor area shall include all interior display area, enclosed storage and administrative office area.

b.

The open storage of plants and gardening material shall be permitted provided sections 27-282.12 and 27-284.3.3 provisions are met. At no time can the open stacking of materials exceed the height of the fence used to screen the storage area. At no time shall there be open storage of equipment.

c.

The retail sale of lawn and gardening supplies shall be limited to prepackaged commodities (e.g., fertilizer, mulch, rock, potting soil, seed, sand and pesticides).

Retail sales, specialty goods. In the Ybor City Historic District, the following specific standards shall be used in deciding applications for these uses:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

Roominghouse. The following specific standards shall be used in deciding applications for this use:

a.

The lot shall have direct access to an arterial or collector street as shown on the major street map.

b.

Such a use shall not be established within five hundred (500) feet of another such use.

c.

Such use shall comply with standards set forth in section 19-235 (no waivers shall be granted by the city for this provision).

d.

Each lodging unit is limited to two (2) adult occupants and related minors.

e.

Each lodging unit shall contain a minimum of one hundred fifty (150) square feet or the minimum area required by the Florida Building Code for such unit type, whichever is more.

Schools. The following specific standards shall be used in deciding applications for approval of such uses:

a.

The site shall have direct access to an arterial or collector street as shown on the major street map.

b.

The site shall meet performance standards and other requirements of the state.

c.

The location, arrangement and lighting of play fields and playgrounds will be such as to avoid interference with the use of adjacent residential property.

d.

Proposed structures shall comply with the required setbacks of the underlying zoning district, unless city council approves a reduction in setbacks provided the petitioner demonstrates compatibility with the neighborhood, more intensive buffering to compensate for the reduction in setback, or historical pattern of lesser setbacks on the school site.

e.

Parking shall be provided in compliance with Article VI, Division 3, Off-Street Parking and Loading, however, city council shall have the ability to approve requests for waivers of number of parking spaces and loading and unloading spaces.

f.

A school may be constructed in excess of the height limitations of the zoning district in which it is located provided the applicant can demonstrate that the height of the school does not adversely affect the adjoining and nearby properties. In determining whether height has an adverse effect, the relations of the school to the surrounding neighborhood, including yards, distance from streets and distance from existing residential dwellings and other structures shall be considered. Other special conditions may also be established to ensure the compatibility of the height of the school with the surrounding residential neighborhood.

g.

The solid waste collection station (dumpster) existing and/or proposed shall be located on the site plan and shall be visually screened from adjacent property and right-of-way.

h.

The following specific standards shall be used in determining whether an application for a college use in the M-AP 4 zoning district shall be approved:

1.

The applicant for a college use in the M-AP 4 zoning district must provide documentation of no objection from the Hillsborough County Aviation Authority ("aviation authority"). That documentation of no objection may consider the following information: (1) the nature of the school proposed, and (2) whether the property is within the FAA 65 DNL noise contour or a restricted boundary as set forth in F.S. Ch. 333, existing or planned runway approaches and any other applicable public safety and airport zoning restrictions.

2.

The property owner of the parcel upon which the college use is requested must provide recorded aviation easement accepted by the aviation authority.

3.

The operator of the college must provide a recorded release and waiver of claims related to airport and aircraft operations, noise, or vibrations or for noise abatement or sound insulation which is accepted by the aviation authority.

4.

Dormitories, or any residential use supporting a college, are specifically prohibited.

5.

The college shall be limited to a maximum of twenty thousand (20,000) square feet of gross floor area and cannot be an educational facility prohibited by F.S. §§ 333.03(2)(c) and 333.03(3), as determined by the aviation authority.

Storefront/residential, office, commercial. The following specific standards shall be used in deciding upon an application for approval of this use:

a.

Nonresidential development must be designed to be compatible with existing and potential future residential uses.

b.

Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.

Temporary help agencies. The following specific standards shall be used in deciding an application for these uses:

a.

The agency shall not be within five hundred (500) feet of any area in the city zoned residential or office.

b.

The agency shall not be within one thousand (1,000) feet of any other such agency or a blood donor center.

c.

Distances shall be measured from the property line to property line on the shortest distance between property lines without regard to route of normal travel.

Temporary special events. The following specific standards shall be used in deciding an application for approval of this use:

a.

The parking and access layout shall be approved by the department of public works. In addition, the use shall be in a location which shall not create hazardous vehicular or pedestrian traffic conditions.

b.

Adequate utility, drainage, refuse and sanitation facilities, emergency services, and other similar services shall be provided.

c.

The zoning administrator shall approve the duration of the use, which shall be as short as practicable. When the time period has expired, all temporary structures and facilities shall be removed and the site returned to its original condition.

Temporary waterfront surface parking lots. The following specific standards shall be used in deciding an application for approval of this use (no waivers shall be granted by the city):

a.

The property must meet the following criteria:

1.

The property was previously utilized for legally established surface parking;

2.

The property is adjacent to a constructed portion of the Riverwalk;

3.

The applicant owns both the proposed surface parking lot and the abutting property, upon which a building contains the use to which the proposed parking is to be accessory; and

4.

All parking shall be open to the public on weekends free of charge between the hours of 8:00 a.m. to 10:00 p.m.

b.

Such lots must be improved in accordance with guidelines for the North/South Zone - Primary Pedestrian Corridor in subsection 27-187(f).

c.

Temporary waterfront surface parking lots may only exist and operate at their approved locations until May 7, 2000. Thereafter, no temporary waterfront surface parking lots shall be permitted to operate in the Waterfront Overlay District.

Transfer of development rights receiving site: The following specific standards shall be used in deciding an application for designation as a "receiving site" under section 27-141. Transfer of development rights program:

(a)

Must have received a certificate of transfer that identifies the amount of entitlements eligible to be transferred pursuant to section 27-54. Process for applications for written determinations as formal decisions;

(b)

Must provide the zoning administrator or designee a recorded restrictive covenant of zoning for the sending site;

(c)

All parcels receiving an S-1 permit under this section shall be required to comply with Article III, Division 2, Subdivision 3, notwithstanding previous review under that provision;

(d)

May not be a landmark site, multiple property designation, historic conservation overlay district or historic district.

Waivers. No waivers of the specific standards set forth above shall be permitted.

Truck/trailer rental. All establishments that are within the CG zoning district shall be required to meet the following provisions:

a.

The property shall contain a minimum of ten thousand (10,000) square feet.

b.

The property shall have frontage and direct access to a right-of-way classified as an arterial roadway.

c.

Trucks/trailers available for rental or lease shall not exceed twenty-six (26) feet in length.

d.

Storage areas for trucks/trailers to be leased shall be located in the rear of the lot and screened from the view of all residential zoning districts and residential uses, with solid masonry wall, with a minimum height of eight (8) feet. This is in addition to sections 27-284.3.3, 27-282.12, and applicable landscape/buffer requirements set forth in articles III and IV.

e.

The parking area for employees of the rental services use shall be located in the rear of the main building.

f.

All trucks/trailers for rent shall be parked on either an asphalt, concrete, or pervious pavement pad, or on a stabilized, dust-free parking surface as approved by the transportation division.

g.

The number of trucks available for rental is limited to one (1) vehicle per four hundred (400) square feet of undeveloped land on the subject property, and shall not exceed ten (10) trucks for any establishment.

h.

Only minor vehicle repair, consistent with Table 4-1 , shall be allowed in conjunction with this use.

Utility transmission site. The following specific standards shall be used in deciding an application for approval of this use:

a.

The utility transmission site and transmission corridor shall be located, constructed and maintained such that they produce minimal adverse effects on the environment and public health, safety and welfare. The transmission site and/or corridor shall meet or exceed the minimum standards established under the rule-making authority of the state department of environmental regulation.

If the department does not establish minimum standards, the city shall develop standards that must be met by the transmission site and/or corridor prior to construction. The minimum standards shall establish requirements based on the best available data, addressing each of the following issues:

1.

Width of right-of-way in relation to the voltage strength of the site or utility line;

2.

Permissible strengths of electric fields, magnetic fields, and induced current levels and the location such strength is to be measured;

3.

Construction and safety standards of the towers and other equipment, including the method of restricting access for public safety;

4.

Any other provisions which are deemed necessary to protect the environment and public health, safety and welfare.

b.

In the review of the transmission site and/or corridor, the proposed and alternative locations shall be evaluated against the Tampa Comprehensive Plan, existing zoning districts and land uses, and approved developments of regional impact.

c.

Joint use of the facilities by different modes within the communication industry is strongly encouraged to mitigate the impact of the site on the environment and surrounding area. Every reasonable effort shall be made by the city, other governmental agencies and the communication industry to promote and allow joint use and operation of the site.

d.

The site shall have the appropriate area, bulk and placement dimensions, access restrictions and buffering which protect the public health, safety and welfare and preserve the privacy of adjacent residential uses. In addition, the tower shall be so constructed as to be visually unobtrusive as possible, including such provisions as height, design and selected building materials and the prohibition against the illumination of towers.

Vehicle repair, minor. The following specific standards shall be used in deciding an application for this use:

a.

A minimum gross land area of twenty thousand (20,000) square feet shall be provided; if rental of trucks, trailers, etc., is proposed as an accessory use, the minimum gross land area shall be increased by ten thousand (10,000) square feet.

b.

The zoning lot shall front on an arterial or collector street, as shown on the major street map, and have direct access thereto.

c.

Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.

d.

In the Ybor City Historic District, no service station shall be located within eight hundred (800) feet of another service station. Distance shall be measured from property line to property line along the shortest distance between property lines without regard to the route of normal travel.

Vendor (all types): All vendors shall be required to obtain a vendor permit (this section shall not apply to vending machines). Vendors that locate in designated city parks and on Franklin Street right-of-way within the Central Business District shall be reviewed by the City of Tampa Parks Department and must comply with the regulations in Chapter 16. Vendors that locate on public right-of-way and are authorized by an event sponsor shall be reviewed by the office of special events and must comply with the regulations in Chapter 25. Vendors that locate on private property are subject to the following provisions:

(a)

Additional submittal requirements and review criteria are hereby established for the five (5) classifications of vendors that locate on private property:

(1)

General requirements. Evidence of compliance with the following criteria shall be required as part of the application:

a.

Placement of the vendor on the property shall not interfere with required parking, loading and unloading spaces, or the vehicular access to those spaces for the principal use;

b.

The vendor may not block, damage, or interfere with required landscaping, buffers, or stormwater improvements on the subject property;

c.

The vendor must meet all other applicable city code requirements, with the exception of off-street parking; and

d.

The vendor shall only sell those goods that are legally permitted to be sold by such a use under the applicable laws of the City of Tampa, Hillsborough County, State of Florida, and United States.

(2)

Special use criteria by vendor classification.

a.

Annual vendor. Annual vendors are prohibited on all lands zoned or used for residential purposes, except as otherwise allowed in this section or by law. Annual vendors shall be allowed on private property that has been zoned or used for commercial or non-residential purposes, subject to the following conditions:

1.

The vendor shall only be located on a parcel that meets the minimum lot size and dimensional requirements for the underlying zoning district. Furthermore, vendors shall only be allowed on parcels that lie adjacent to one (1) of the following streets:

i.

Hillsborough Avenue, excluding that portion lying within the Seminole Heights Historic District;

ii.

Dale Mabry Highway;

iii.

Florida Avenue, excluding that portion lying within the Seminole Heights Local Historic District or Tampa Heights Local Historic District;

iv.

Nebraska Avenue, excluding that portion lying within the Ybor City Local Historic District;

v.

Adamo Drive, excluding that portion lying within the Ybor City Local Historic District;

vi.

Broadway Avenue from 40th Street to Columbus Drive;

vii.

22nd Street;

viii.

Maritime Boulevard;

ix.

Causeway Boulevard;

x.

Armenia Avenue between Hillsborough Avenue and Waters Avenue;

xi.

Waters Avenue running from Nebraska Avenue (both East and West sides of right-of-way) west to the city limits;

xii.

Columbus Avenue;

xiii.

Excluding all other road segments adjacent to or running through a local historic district.

2.

No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity shall encroach onto any right-of-way or onto any adjacent private property without express permission from that property owner in accordance with this section;

3.

The vendor shall provide a sworn statement from the property owner on a form provided by the city indicating that the vendor has permission to vend on that site, along with the following:

i.

The property owner may allow the vendor and vendor's patrons access to bathroom facilities on the subject property, when available;

ii.

The property owner shall state that the vendor shall meet all local, state and federal regulations, ordinance, statutes and laws in regards to his specific business; and,

iii.

The property owner shall state that he understands the regulations governing vendors and will be held responsible, along with the vendor, for any code violations.

iv.

The property owner shall state that the property shall be continuously maintained in a neat, clean, and orderly manner.

4.

The vendor shall be allowed to set up in accordance with the principal structure setbacks of the underlying zoning district;

5.

The vending sales area shall not be allowed to utilize more than two (2) parking spaces or six hundred (600) square feet in area, whichever is greater. However, at no time shall the required number of parking spaces for the principal use of the property be rendered nonconforming due to the vendor use;

6.

The vendor shall be allowed to be located and operate on the site from dawn to dusk only. On sites containing less than one-half (½) acre in area. all equipment and supplies shall be removed from the site at the end of each day. On developed sites that contain a half acre or more, the equipment may remain if secured/tied down;

7.

The vendor shall be prohibited from selling or distributing any type of glass container;

8.

Only one (1) annual vendor shall be allowed on any one zoning lot;

9.

A vendor proposing to sell food shall submit a copy of all permits and licenses required by the State of Florida and the Hillsborough County to the City of Tampa at the time of the submittal of the special use application;

10.

The maximum sign area allowed for the vending operation shall be twelve (12) square feet; and,

11.

All vending carts or structures shall meet the following design standards and those graphically depicted in Vendor Cart Illustrations Diagram 6.3; however, alternative designs may be considered by the zoning administrator:

i.

Maximum size ten-foot width, twenty-foot length and eight (8) feet in height (measured from the surface of the tire or wheel sits on to the upper most limit of the roof or canopy/umbrella, including vent structures);

ii.

Any umbrellas or coverings shall not extend more than two (2) feet beyond the outer edge or in height of the vendor cart or structure;

iii.

Fender covers are required for rubber tires;

iv.

The trailer hitch must be concealed while the vendor is occurring and, at all times the trailer is parked or stored in a zoning district where open storage is permitted;

v.

If exterior lights are incorporated on the cart, the light source must be a steady light (no flashing lights) and it must be concealed or other method of indirect lighting;

12.

All waste and/or refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period;

13.

Time limit: Vendors in compliance with the above requirements may be approved for a one-year period. The zoning administrator may grant an annual extension with continued compliance with the standards above.

b.

Special event vendor (City of Tampa sanctioned special events). During a special event or festival sanctioned by city council pursuant to a parade, block party, or road festival permit, vendors may be allowed on private property that lay adjacent to the public right(s)-of-way that is(are) closed during the special event or festival, subject to and in accordance with the parade, block party, or road festival permit, and shall adhere to the following:

1.

The vendor may not impede the safe flow of people and vehicles during use of the vendor site;

2.

The vendor must obtain all applicable city, county and state licenses and permits and must display them in plain view. If applicable, the vendor must also display an event authorization tag issued to the vendor by the event sponsor;

3.

The vendor must clear the vendor site of all litter and debris after use;

4.

The vendor shall be prohibited from selling or distributing any type of glass container; and,

5.

Time limit: An approved vendor may operate during the event hours only. The vendor may prepare the specific vending location on the property beginning no more than two (2) hours prior to the special event. Furthermore, the vendor must be cleared from the property no later than one (1) hour after the end of the event.

c.

Sports and entertainment vendor. These are vendors that are operating in association with any event:

1.

Events held within these boundaries for the St. Pete Times Forum [sales boundaries]: south of Brorein Street, east of Florida Avenue, west of Meridian Street, and north of St. Pete Times Forum Drive;

2.

Events held within these boundaries for Raymond James Stadium [sales boundaries]: south of Hillsborough Avenue, east of Lots Avenue, west of Hillsborough River, and north of Interstate-275; and,

3.

Events held within these boundaries for Legends Field sales boundaries: south of Cayuga Avenue, east of Lois Avenue, west of Himes Avenue and north of Tampa Bay Boulevard.

4.

When allowed, vendors must meet the following conditions:

i.

Sales shall be allowed on any lot (within the above described boundaries that lies adjacent to collector or arterial street) located in an office, commercial or industrial zoning district;

ii.

No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity shall encroach onto any right-of-way nor onto any adjacent private property without express permission from that property owner in accordance with this section;

iii.

The vendor may not impede the safe flow of people and vehicles during use of the vendor site;

iv.

The vendor shall be setback a minimum of ten (10) feet from the public right-of-way, including all display area, carts, tents, and trailers. However, at no time may the location violate section 27-283.5, Visibility at intersections;

v.

The vendor shall be prohibited from selling or distributing any type of glass container;

vi.

Signs shall not exceed a maximum [of] twelve (12) square feet for all total signs used in conjunction with the vending operation;

vii.

The vendor shall provide a sworn statement from the property owner and the vendor on a form provided by the city indicating that the vendor has permission to vend on that site;

viii.

The property owner shall state that the vendor shall meet all local, state, and federal regulations, ordinance, statutes and laws in regards to his specific business;

ix.

The property owner shall state that he understands the regulations governing vendors and will be held responsible, along with the vendor, for any code violations;

x.

The vendor shall not be allowed to eliminate required parking spaces for the principal use of the property;

xi.

Time limit: An approved vendor may operate during the event hours only. The vendor may prepare the specific vending location on the property beginning no more than four (4) hours prior to the special event. Furthermore, the vendor must be cleared from the property no later than two (2) hours after the end of the event;

xii.

Only one (1) sports and entertainment vendor shall be allowed on any individual zoning lot; and,

xiii.

All waste and/or refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period.

d.

Temporary vendor: Temporary vendor sales shall be allowed by permit on parcels that are zoned or used for non-residential uses subject to the following provisions:

1.

No more than six (6) permits shall be issued per parcel in any calendar year and the duration of the vending on the parcel shall not exceed forty-five (45) consecutive days per permit issued on parcels that contain less than twenty-five (25) acres;

2.

Unlimited permits shall be issued per parcel in any calendar year and the duration of the vending on the parcel shall not exceed forty-five (45) consecutive days per permit issued on parcels that contain twenty-five (25) or more acres;

3.

No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity shall encroach onto any right-of-way nor onto any adjacent private property without express permission from that property owner in accordance with this section;

4.

The vendor shall maintain a minimum setback of ten (10) feet from the public right-of-way, including all display area, carts, tents, and trailers. However, at no time shall the location violate section 27-283.5, Visibility at intersections;

5.

For purposes of this subsection, allowable signage for temporary vendor tents and/or carts shall be calculated based on the "building sign" factor and method, as set forth in Article VI, Division 6, to find the maximum allowable square-feet of copy area. The maximum copy area that is determined may be utilized as building signs, banners, or freestanding signs, so long as the maximum copy area is not exceeded; and,

6.

The vendor shall provide a sworn statement from the property owner on a form provided by the city indicating that the vendor has permission to vend on that site, along with the following:

i.

The property owner shall state that the vendor shall meet all local, state, and federal regulations, ordinance, statutes and laws in regards to his specific business;

ii.

The property owner shall state that he understands the regulations governing vendors and will be held responsible, along with the vendor, for any code violations;

iii.

The vendor shall not be allowed to eliminate required parking spaces for the principal use of the property;

iv.

The vendor shall be prohibited from selling or distributing any type of glass container;

v.

The vendor shall be allowed to be operate on the site between the hours of 7:00 a.m. to 9:00 p.m.;

vi.

Only one (1) temporary vendor shall be allowed on any individual zoning lot that contains less than twenty-five (25) acres;

vii.

All waste and/or refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period.

e.

Ybor City Historic District Vendor. Vendors are prohibited within the Ybor City Historic District, except as follows:

1.

Vendors shall be allowed within the Ybor City Historic District under the following circumstances and subject to the following conditions:

i.

During a special event or festival designated by city council pursuant to a parade, block party or road festival permit, vendors may be allowed on private property that lies adjacent to subject to the public right(s)-of-way that is closed during the special event or festival and in accordance with the parade, block party or road festival permit;

ii.

On a city park if allowed by the city's parks department in connection with a event or festival of a limited duration; or

iii.

As a subordinate use, which is integral to the conforming principal use of the property, the design of which subordinate use has been reviewed and approved by the Barrio Latino Commission.

2.

When allowed, vendors must meet the following conditions:

i.

The vendor must clear the vendor site of all litter and debris after use;

ii.

The vendor shall be prohibited from selling or distributing any type of glass container;

iii.

The vendor may not impede the safe flow of people and vehicles during use of the vendor site; and,

iv.

The vendor must obtain all applicable city, state, county, and health department licenses and permits and display them in plain view. If applicable, the vendor must also display an event authorization tag issued to the vendor by the event sponsor.

Diagram 6.3
VENDOR CART ILLUSTRATIONS

Example 1

Example 1:

• Any covering shall not exceed the size of the cart by two (2) feet.

• Conceal trailer hitch.

• Fender skirts are required for rubber tires.

• If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed.

• Maximum cart size: W=10′ × H = 8′ × L = 20′

Example 2

Example 2:

• Any covering shall not exceed the size of the cart by two (2) feet.

• Conceal trailer hitch.

• Decorative wheels may be exposed.

• If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed.

• Maximum cart size: W = 10′ × H = 8′ × L = 20′

Example 3

Example 3:

• Any umbrella shall not exceed the size of the cart by two (2) feet.

• Conceal trailer hitch.

• Fender skirts are required for rubber tires.

• If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed.

• Maximum cart size: W = 10′ × H = 8′ × L = 20′

Vendor market. A vendor market shall be required to comply with the following standards for development:

(1)

The vendor market shall be a permanent structure with a fixed foundation in the ground.

(2)

Water, sewer and electrical service shall be provided on the property. Temporary utility hookups may not be used to satisfy this requirement.

(3)

The development must comply with the minimum dimensional requirements set forth in section 27-177, Table 8-2 , Schedule of Dimensional Regulations.

(4)

Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.

(5)

No open storage is permitted, including the overnight storage of vendor carts or stations.

(6)

The vending activity being conducted on site must be consistent with the uses permitted in the underlying zoning district.

(7)

All litter and debris must be cleared from the vendor market after each use.

(8)

The placement of individual vendors may not impede the safe flow of pedestrians or vehicles within the vendor market or in, on or from the public right-of-way.

(9)

Individual vendors leasing space in the vendor market must obtain all applicable city, state, county, and health department licenses, approvals and permits and display them in plain view.

(10)

Access, to be approved by the department of public works, is required to provide safe ingress and egress to and from the site without damaging existing sidewalks or curbs.

(11)

The design of each vendor cart or station within the vendor market must be reviewed and approved by the Barrio Latino Commission to ensure compatibility with the Ybor City Historic District.

(12)

A method of approved solid waste pick up shall be provided on site by the vendor market.

(13)

In reviewing this special use, the zoning administrator shall consider and base a decision on the goals of the applicable Ybor City redevelopment plan, the Tampa Comprehensive Plan and the City Code. Specifically, the approval of this special use, and the vendors within the vendor market, shall not interfere with and shall support and comply with the historic nature of the Ybor City Historic District, the pedestrian focus and the redevelopment goals in the Ybor City Community Redevelopment Area.

(Ord. No. 2013-70, § 1, 6-6-2013; Ord. No. 2013-72, § 3, 6-6-2013; Ord. No. 2014-88, § 1, 9-18-2014; Ord. No. 2015-10, § 2, 1-15-2015; Ord. No. 2016-14, § 1, 2-4-2016; Ord. No. 2016-80, § 1, 5-26-2016; Ord. No. 2017-132, § 3, 8-24-2017; Ord. No. 2017-163, § 1, 11-16-2017; Ord. No. 2018-176, § 2, 11-1-2018; Ord. No. 2019-1, § 1, 1-10-2019; Ord. No. 2019-54, § 20, 4-18-2019; Ord. No. 2022-131, § 1, 8-4-2022; Ord. No. 2022-155, § 1, 9-1-2022; Ord. No. 2022-158, § 3, 9-1-2022; Ord. No. 2024-76, § 3, 7-18-2024)

The purpose of this article is to provide for zoning districts that recognize unique conditions, allow design flexibility, and promote planned diversification and integration of uses and structures, which other zoning districts cannot accommodate. Through this process city council retains authority to establish such limitations and regulations as it deems necessary to protect the public health, safety, and general welfare, with the exception of standard technical requirements, as described in this section. The intent of these site plan zoning districts is to provide standards and requirements which:

(1)

Promote the efficient and sustainable use of land and infrastructure, with careful consideration of potential adverse impacts to onsite natural elements, surrounding impacted neighborhood(s), and cultural resources;

(2)

Allow the integration of different land uses and densities in one (1) development that would not otherwise be provided for or allowed under general zoning districts established in this chapter, which encourage compatibility in overall site design and scale, both internal and external to the project site;

(3)

Provide a procedure which can relate the type, design and layout of residential and nonresidential development to the particular site;

(4)

Acknowledge changing needs, technologies, economics and consumer preferences and allows for ingenuity and imagination in the planning and development of relatively large tracts under unified control as well as allowing flexibility in the redevelopment of older areas of the city;

(5)

Encourage flexible land development which reduces transportation needs, conserves energy, and will maximize the preservation of natural resources, such as streams, lakes, floodplains, groundwater, wooded areas, uplands, and areas of unusual beauty or importance to the natural ecosystem; open space; greenspace; and, historical and archaeological sites;

(6)

Promote and encourage development where appropriate in location, character, and compatibility with the surrounding impacted neighborhood(s), built environment, and existing geography;

(7)

Promote more desirable living and working environments than would be possible through the strict application of minimum requirements of other zoning districts;

(8)

Promote architectural features and elements, which complement the surrounding community and enhance the overall quality of the development; and,

(9)

Promote the retention and reuse of existing building stock.

Site plan districts include general guidelines and review criteria and are subject to the procedures outlined in this article. Construction on property zoned under a site plan district may only take place consistent with the site development plan approved by city council at the time of rezoning. For purposes of this article, site plan zoning districts include Planned Development (PD), refer to section 27-227; Planned Development-Alternative (PD-A), refer to section 27-228; YC-9 (Ybor City), refer to Article III, Division 2, Subdivision 2; and SH-PD (Seminole Heights), refer to Article III, Division 5, Subdivision 5.

(Ord. No. 2016-189, § 1, 12-1-2016)

The provisions which follow shall apply generally to the creation and regulation of all site plan zoning districts. Where there are conflicts between these special site plan district provisions and general zoning regulations, the provisions of this article shall not release the applicant from meeting other applicable provisions of the land development code, unless specific variances are requested and obtained in accordance with the provisions of section 27-139 and each applicable chapter of the land development code.

Applications for all site plan zoning districts, specifically, Planned Development (PD), Planned Development Alternative (PD-A), Ybor City (YC-9), Seminole Heights Planned Development (SH-PD), and Channel District-2 (CD-2), shall be submitted and processed as zoning amendments in accordance with the following requirements and procedures as set forth in Article II, Div. 7:

(1)

Preapplication plan review. Prior to submitting a formal application for a site plan zoning district, the applicant shall confer with the zoning administrator and other agencies of the city involved in the review of said application. The applicant is further encouraged to submit a land use sketch plan for review at the conference which is intended to address such matters as:

a.

The proper relation between the anticipated project and surrounding uses and the effect of the proposed development on the city's comprehensive plan and/or stated planning and development objectives of the city.

b.

The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development.

c.

The nature, design, and appropriateness of the proposed land use arrangement for the size and configuration of property involved.

d.

The ability of the subject property and of surrounding areas to accommodate future expansion, if needed.

e.

Compliance with locational criteria, if applicable.

(2)

Review materials.

a.

Site development plan. As required by the zoning administrator, copies of a site development plan shall be provided by the applicant for a site plan district rezoning. At a minimum, the plan shall include (unless otherwise agreed upon by the zoning administrator):

1.

Scale, date and north arrow.

2.

An accurate metes and bounds or legal description of the property to be rezoned.

3.

Identification of the name, plat book and page number of any recorded subdivision comprising all or part of the site.

4.

A vicinity map showing the relation of the proposed development to the surrounding road network and major water bodies.

5.

A computation of the total acreage of the site to the nearest tenth of an acre and proposed gross density and/or total nonresidential square footage and floor area ratio.

6.

The location, land use, acreage and gross density and/or floor area ratios (FAR) for each phase or increment of development.

7.

The proposed timing for, location and sequence of phasing or incremental development.

8.

A list of minimum design standards for each portion of the proposed project including the proposed height and yard area.

9.

The location, width, pavement type, right-of-way name and other related appurtenances of all public rights-of-way adjoining, traversing or proximate to the site.

10.

A delineation of areas subject to inundation and high groundwater levels up to a one-hundred-year flood classification.

11.

The general direction of natural surface drainage of the proposed development site to include the proposed location of the onsite retention/detention area and point of connection to the city stormwater system, which demonstrates a positive outfall.

12.

The location of existing wetlands.

13.

A delineation of proposed preservation and/or conservation areas.

14.

A description of the potential environmental impact on flora and fauna, with particular emphasis on endangered or threatened species which may be located on site.

15.

A statement indicating the petitioners' commitment to comply with specific chapters of the City Code applicable to the project (i.e., tree and landscaping, fire, etc.) at the time of permitting.

16.

Signature lines for city council chairman, city clerk, and zoning administrator.

17.

For rezonings involving existing buildings with nonconforming structures or characteristics of use, the site plan shall contain the following statement:

"If the structure(s) are destroyed in excess of seventy-five (75) percent of their assessed value, the redevelopment of the site regarding setbacks, buffering, parking and all other land development regulations will require review by the city council at a public hearing which complies with section 27-149(c), Public notice requirements, as amended."

18.

Any other information required under the specific site plan districts pertaining to this article or which may be required, when commensurate with the intent and purpose of this Code, by city reviewing staff.

b.

Transportation analysis.

1.

For those site plan district applications located outside of the Westshore or Downtown DRI boundaries, the transportation analysis shall be performed in accordance with the guidelines established in the Concurrency Management Procedures Manual or Transportation Impact Analysis and Mitigation Plan Procedures Manual, as applicable.

2.

For those site plan district applications located within the Westshore or Downtown DRI boundaries, the following transportation analysis procedures shall be followed:

A transportation analysis shall be prepared by a professional traffic engineer. The analysis shall include the total trips generated by the project and the distribution of trips onto adjacent streets. Institute of Traffic Engineers (ITE) trip generation rates or another approved source shall be used as the basis for trip generation calculations.

In addition, the detailed traffic analysis shall include, but not be limited to the following:

i.

Level of service calculations at each project access point for both the a.m. and p.m. peak hour.

ii.

Level of service calculations at intersections as determined at the methodology meeting, for both the a.m. and p.m. peak hour.

iii.

Level of service calculations at major intersections as determined at the methodology meeting, impacted by the project for both the a.m. and p.m. peak hour.

iv.

A determination of need for auxiliary lanes.

v.

A determination of need for traffic signals or other traffic-control devices.

vi.

Other transportation factors as may be appropriate as determined by the City of Tampa Transportation Division, based upon generally accepted traffic engineering practices.

vii.

Traffic counts on all frontage streets and any other streets as requested by the City of Tampa.

c.

Aerial photograph. A recent aerial photograph which shows:

1.

The location of existing structures and/or open space areas on adjacent properties within two hundred fifty (250) feet of the site boundary.

2.

The general layout of the types, quantities and location of trees and other such significant vegetative features.

3.

The property which is the subject of the rezoning shall be delineated/outlined.

d.

Project narrative. A project narrative of the major planning assumptions and objectives shall be submitted with the application. At a minimum, the project narrative shall include the following:

1.

Project population;

2.

Phasing schedule;

3.

Ownership and maintenance of common open space and facilities;

4.

A statement indicating the distances to all public improvements, existing or planned, such as major roads and intersections; schools; fire stations; public recreational areas and the like, which would serve the site as developed;

5.

Proposed minimum design standards. If these standards vary from those established for similar uses in the general zoning districts, those differences shall be contrasted with the minimums set forth in the general zoning districts;

6.

Unified control. All land included for purpose of development within a site plan zoning district shall be owned or under the control of the petitioner for such zoning designation, whether the petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present evidence of unified control of the entire area within the proposed site plan district and additionally state, by this rezoning application, that if development proceeds it will do so in accord with (1) the site development plan officially adopted for the district, and (2) such other conditions or modifications to the regulations as may be approved as part of the zoning amendment; and that the approved site development plan will bind successors in title to any commitments made with respect to this rezoning.

e.

List of adjacent property owners. The latest ad valorem tax records, of every parcel of land within a distance of two hundred fifty (250) feet, including roads or streets, in all directions from the property line of the land upon which the applicant requests a change on the district zoning classifications.

f.

For single-family detached developments, building elevations and/or photographs shall be provided that display all sides of the proposed structure(s) or similar development type.

g.

Sealed survey of the subject property, which demonstrates the overall boundary, topographic contours, and all trees both onsite and within twenty (20) feet of the property boundary.

(3)

Reviewing staff authority. The appropriate city staff shall review all information submitted for the site plan zoning district and:

a.

Evaluate the impact of the proposed development upon public improvements, surrounding uses and zoning patterns, significant environmental and historic features, and the surrounding neighborhood.

b.

Determine the degree to which the proposed development is consistent with the adopted comprehensive plan.

c.

Determine the adequacy of existing utilities and other public services and facilities to serve the proposed development.

d.

Determine the potential for expansion of such public services and facilities necessary to accommodate the proposed development.

e.

The nature, design and appropriateness of the proposed land use arrangement for the size, configuration, topography and natural features of the property involved.

f.

The adequacy of existing open space areas as proposed to serve the development.

g.

For all other uses, building elevations shall be provided that demonstrate compliance with section 27-136 and shall depict all sides of the proposed structure(s); however, adoption of said elevations as part of the site plan zoning district shall not prescribe a specific architectural style.

(4)

Development review and compliance (DRC) staff meeting. Any application for a site plan zoning district, together with all materials prescribed herein, shall be submitted to the zoning administrator on or before the filing deadline. The purpose of the DRC meeting shall be to advise and assist the applicant regarding the applicable regulations in order to bring the application into conformity with those applicable regulations, and/or to define any justifiable variations from the application of such regulations.

(5)

City council public hearing and approval. The city council, upon receipt of the consolidated report of the DRC, shall hold a public hearing in accordance with Article II, Div. 7. The city council shall make a determination with regard to the appropriateness of the site plan zoning district for the particular site involved and with regard to compliance with the applicable regulations.

If the site development plan and the location are deemed to be acceptable and appropriate, the city council may approve, by ordinance, the application for a site plan zoning district. The chairman of the city council and city clerk shall date and endorse the certified site plan, and the plan shall be incorporated by reference into the ordinance and filed as a part of the official zoning records of the City of Tampa.

(6)

Construction after rezoning.

a.

Construction on property zoned site plan zoning district may only take place consistent with the site development plan approved at the time of the rezoning.

b.

If complete construction drawings have not been submitted for site and building permit application and subsequent permit does not remain active or substantial construction activity has not occurred on a site plan controlled zoning district property within five (5) years of the date of adoption of the rezoning ordinance, then the property shall be subject to all development regulations in effect at the time of submission of an application or commercial site plan review, building permit review or any other development permit review. If the site development plan cannot comply with current codes, the development would be determined to be a substantial change and would be subject to the city council review as per section 27-149(e) parcel rezoning. However, the property owner may request the zoning administrator to allow a one-year extension of development rights to the original site plan, provided the following is met:

1.

The request is made by the property owner.

2.

The request is submitted to the zoning administrator prior to five (5) years after the date of adoption of the rezoning ordinance.

3.

The property owner must provide a written explanation as to the status of the project and the need for the extension.

(7)

Substantial changes; review procedure and criteria; public notice required. Changes to an approved site development plan may be permitted by the zoning administrator, with review and concurrence by the development review committee, provided the changes are determined to be non-substantial. The zoning administrator shall direct the applicant to provide public notice, pursuant to section 27-149, of the right to appeal any approval of changes to an approved site plan. The required affidavit of compliance shall be submitted to the zoning administrator or his or her designee. When a proposed change meets or exceeds any of the following criteria, thereby constituting a substantial change, such change shall be processed in like manner as the original rezoning submittal. However, any amendment, change or alteration required by permit conditions from any regulatory agency having jurisdiction over the development shall be presumed not to be a substantial change provided that no alternative solution is available. For the purposes of this article, a substantial change shall be deemed to exist where:

a.

There is a proposed increase of greater than five (5) percent in the total number of dwelling units or two hundred (200) dwelling units, whichever is less; or

b.

There is an increase in the land area or the floor area proposed for nonresidential development of ten thousand (10,000) square feet or more than five (5) percent, whichever is less; or

c.

There is failure to comply with conditions or stipulations authorized in the original approval; or

d.

There is a decrease of five (5) percent or more of the acreage set aside for open space/recreation in any phase; or

e.

There is a reduction of the approved number or dimension of parking spaces, unless approved by the department of public works; or

f.

There is an increase of more than two (2) stories in the number of floors or twenty-four (24) feet in height of nonresidential buildings; or

g.

There is a modification in original design concept such as a substantial change in relationships among land uses, addition of a land use category not approved under the original plan, substantial change in traffic pattern or points of ingress or egress, or an increase of ten (10) percent in total external traffic generation based on previously submitted traffic generation figures; or

h.

There is an increase of more than five (5) percent in total ground area covered by nonresidential buildings within the development; or

i.

There is a reduction in approved setbacks to perimeter property lines for the development as a whole or a reduction in the separation of residential structures which results in a lesser separation than is required by section 27-162, or as specified herein; or

For individual lots within a larger development requests for changes in height, yards, buffers, and fences shall be determined by the variance review board in accordance with section 27-76 of this chapter and shall not be considered a substantial deviation; or

j.

There is a change in the location of the parking area that negatively impacts a surrounding residential neighborhood; or

k.

There is a material change in the approved method of buffering that negatively affects abutting residential property; or

l.

There is a change in design and location of the proposed stormwater facility that negatively impacts a surrounding residential neighborhood; or,

m.

There are either cumulative or concurrent sub-threshold changes proposed to three (3) or more of the above criteria; or

n.

Any change in a condition required by the city council as part of the site plan rezoning approval.

(Ord. No. 2015-105, § 3, 10-15-2015; Ord. No. 2015-106, § 2, 10-15-2015; Ord. No. 206-189, § 2, 12-1-2016; Ord. No. 2020-166, § 23, 12-17-2020)

The provisions of this section shall apply to all site plan zoning districts.

(1)

Development standards.

a.

Common open space. For common open space established by an adopted site development plan for a site plan district there shall be provisions which insure that open space land shall continue as such and be properly maintained. The applicant shall either (1) dedicate such land to public use if the city or another public agency indicates a desire to accept such dedication; or (2) retain ownership and responsibility for maintenance of such open space land; or (3) provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space. In the case of (3) above, each organization shall be a non-profit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.

b.

Physical characteristics of the site.

1.

Existing trees shall be preserved in accordance with article VI, division 4, subdivision 3.

2.

The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance, and the destruction of natural amenities.

3.

Condition of soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended.

c.

Signage. All signs within a site plan district shall be in conformance with the sign regulations set forth under the applicable provisions of the City of Tampa Code including, without limitation, Article VI, Division 6 and the regulations regarding signage contained in this chapter; however, an application for a site plan district may seek a variance from the foregoing sign regulations under the following circumstances:

1.

A variance could otherwise be legally granted under the Code in connection with the sign regulation(s) in question by another city board possessing the power to grant variances if the property was not subject to a site plan district;

2.

The applicant has presented substantial and competent evidence as part of the site plan zoning record, in accordance with sections 27-80, 27-96(d), or 27-114(d), as applicable; and

3.

If the grant of variance(s) requested by the applicant would result in altered sign placement, increased height, and/or an increase in the total sign copy area, then would otherwise be allowed under the applicable sign regulations of the city, then the applicant shall state such variance(s), in detail, from the specific sign requirement(s) of Code, that would be granted if the variance(s) is/are approved and the reason(s) said variance(s) is/are necessary in this site plan district.

Notwithstanding the foregoing authority to grant variances in a site plan district, no variance shall be granted for any sign prohibited by Article VI, Division 6, Signs or by applicable special or overlay district, as set forth in this chapter.

Nonconforming signs, which are not specifically granted those variances necessary to render them conforming signs as part of a site plan zoning district, shall not be vested by approval of said site plan zoning district, and shall continue to be governed by the nonconforming sign provisions set forth in Article VI, Division 6.

d.

Refuse stations, storage areas and off-street loading areas.

1.

Location. Refuse stations, storage areas and off-street loading areas shall be designed with suitable screening and located where safely accessible and serviceable for its purpose. All refuse containers shall be located within the property no closer than the front building set back line during non-collection days. Said areas shall not be located in a front yard or within buffer areas [Refer to section 27-284.3.3, section 27-288(b), and section 26-166(I)].

2.

Screening. These areas, including any materials stored therein, shall be screened from the public right-of-way and adjacent property with a solid material which may include walls or fences and which are a minimum of six (6) feet in height.

e.

Utilities. Underground utilities, such as telephone, television, cable and electrical systems, are required except in those circumstances where the economics, physical constraints, and/or the surrounding area make the provision of underground utilities impractical. Appurtenances to these systems which require aboveground installation shall be permitted where natural features or safety or technical conditions necessitate aboveground construction and routing. Aboveground installations shall be constructed and routed to minimize detrimental effects to the visual character of the district and must be effectively screened. Fire hydrants, public and emergency telephones, accesses to such utilities and primary facilities providing service to the site are excepted from these requirements.

f.

Nonresidential areas.

1.

Shopping areas and recreational facilities within a site plan district shall be located so as to minimize noise and traffic and to ensure compatibility with nearby residential areas.

2.

Bicycle parking facilities shall be provided in adequate number as determined by the zoning administrator for all nonresidential uses within a site plan zoning district. In determining the required number of bicycle parking spaces, the zoning administrator shall consider a bicycle parking space to automobile parking space ratio of 1:10. In all cases where bicycle parking is required, no fewer than two (2) spaces shall be provided. Bicycle parking facilities shall be located in a clearly designated, safe and convenient location; shall not interfere with pedestrian traffic.

(2)

Alternative residential development. The traditional lot-by-lot development pattern may not be the most appropriate design concept for the development of all residential parcels within the city. Accordingly, development such as cluster, zero lot line, etc., which allows flexible design and increased open space may be considered in PD and PD-A Districts only.

a.

Review criteria.

1.

Subdivision. Alternative residential developments shall be limited to fee-simple ownership and shall, therefore, consist of subdivided lots.

2.

Lot size. No minimum lot size is established; however, the overall project land area must be of sufficient size to satisfy land development regulations.

3.

Housing type. All variations of single-family development are permitted (i.e. single-family detached, semi-detached, attached).

4.

Structural setbacks. Proposed setbacks shall be clearly identified on the site plan. In determining flexible setbacks, a variety of criteria will be considered. Setbacks shall be compatible with those on adjacent parcels and shall use section 27-156(c) as a guide. Reduced setbacks will only be approved provided there is adequate open space, fire access, driveway and parking space. In addition, such proposals shall include design and location of garages, HVAC and pool equipment; and additional landscaping; which maximize the aesthetics of the project.

5.

Parking. Of the parking spaces required for each lot, a minimum of one parking space shall be in a garage or carport, either of which must be structurally integrated within the principal dwelling unit.

6.

Density. The overall density permitted by the respective land use category shall not be exceeded.

(3)

Locational criteria. Refer to the Tampa Comprehensive Plan, Future Land Use Element for locational criteria guidelines.

For properties located in Residential-10, -20, -35, -50, and -83 land use categories, and where the proposed use for the subject rezoning is residential office or neighborhood commercial, all such rezonings shall meet the requirements of section 27-164.

(4)

Waivers. One (1) purpose of the site plan district is to provide design flexibility; however, certain minimum standards are deemed to be essential to the integrity of this article. Therefore, waivers to the following sections of this article and other requirements of the City of Tampa Code of Ordinances listed herein are strictly prohibited, unless expressly allowed in this article:

a.

Section 27-138, Site Plan Zoning District Review Procedures; and

b.

Section 27-139, General Requirements - (1)(a) Common Open Space, (1)(b) Physical characteristics of the site, and (3) Locational Criteria; and

c.

Section 27-164, RO, RO-1 and CN Districts - (a) Purpose/definition, (b) permitted uses, (c)(2) Urban Design criteria, (c)(3) Site development plan, (d) Existing districts; and

d.

Section 27-227, Planned Development District (PD)-(c) Density/Intensity; and

e.

Section 27-228, Planned Development Alternative [PD(A)] - (c) Density/Intensity, (e)(1) Specific requirements; and

f.

Section 27-140, Bonus Provisions; and

g.

Stormwater Technical Standards, as adopted per section 21-116.1; however, alternative designs may be considered by the director of stormwater or designee; and

h.

Solid waste/refuse stations technical standards, as adopted per Chapters 26 and 27; however, alternative designs may be considered by the director of solid waste or designee; and

i.

Transportation Technical Standards, as adopted per section 22-292; however, alternative designs may be considered by the director of public works or designee; and

The applicant may present expert testimony and the like in an attempt to refute criteria [listed in section] 27-138 above; city council may hear this evidence and seek further counsel from the appropriate city staff to reach an acceptable, functional, and safe solution.

Sections of this article which are eligible for review and approval of a waiver, based on criteria stated herein, by city council are:

a.

Section 27-139, General requirements, (a) (6) Nonresidential areas; (b) Alternative residential development.

b.

Section 27-164, RO, RO-I and CN Districts, area, height, bulk and placement regulations. (except for density and intensity)

It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a site plan rezoning request. Furthermore, it shall be the responsibility of the applicant to present any additional information needed to support a request for a waiver pursuant to this section.

The following are the criteria for consideration of a waiver through a site plan controlled rezoning:

1.

The design of the proposed development is unique and therefore is in need of waiver(s); however, with waiver(s) granted, the purpose and intent this article stated in section 27-136 is met.

2.

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

3.

The waiver is in harmony with and serves the general intent and purpose of this Chapter, other applicable City of Tampa land development regulations, and the adopted Tampa Comprehensive Plan.

4.

Allowing the waiver will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter, other applicable City of Tampa land development regulations, the Tampa Comprehensive Plan, and the individual hardships that will be suffered by a failure of city council to grant a waiver.

The project narrative shall include a description of the waiver criteria and the rationale for the request.

This subsection supersedes the variance procedures established for other chapters of the City of Tampa Code. The PD site plan must identify the requested waivers of required land development regulations. Through the public hearing process the applicant must demonstrate compliance with the criteria established, in the relevant code, for the city council to grant approval of the waiver. Where city codes do not allow for waivers or variances, city council may not grant waivers through the PD rezoning process. The development review committee (DRC) shall evaluate the waiver(s) requested based on the criteria above and deliver its findings to city council during the scheduled public hearing.

(Ord. No. 2016-189, § 3, 12-1-2016; Ord. No. 2019-54, § 21, 4-18-2019)

(a)

Purpose. The method and calculation ensures that new development will provide and/or contribute to those amenities that enhance the urban quality of life and that balance or compensate in the form of bonus floor area to achieve the desired density/intensity in this area. In order to receive consideration for granting of any bonus in floor area, a property owner and/or developer must demonstrate compliance with the bonus methodology and calculation, including the process and procedures, as set forth in this section. This section, however, does not mandate the award of the bonus to the applicant.

(b)

Compliance. All new development, requesting CD-2, PD, PD-A, YC-9, or SH-PD zoning, within the CBD Periphery, and/or within a future land use category that allows for potential bonus density and/or intensity ("FAR"), shall adhere to the regulations set forth in this section, in order to seek approval for such bonus. Developments that have been granted bonuses by city council, per the provisions of this section, shall not be granted any further administrative increase in floor area or unit count through section 27-138(7).

(c)

Review procedure. The developer/property owner(s) shall submit bonus cost incentive estimates to the zoning administrator for review and evaluation during the rezoning or applicable process. The zoning administrator shall determine compliance with the provisions set forth in this section and report findings to city council for consideration. Subsequent to a bonus density/FAR and rezoning approval and prior to the issuance of the first permit for vertical construction for the project, the developer/property owner(s) shall submit certified materials and construction cost estimates to the zoning administrator for review of compliance with the bonus-related rezoning conditions. If the zoning administrator finds that the approved bonus calculations have not been met (amenities and/or dollars are deficient), the developer/property owner shall disburse the remaining (deficient) dollar amount to an available city funding source for similar or related public infrastructure, affordable housing, and/or public parking improvements. The developer/property owner shall notify the zoning administrator of all disbursements made to the city. Any disbursements made to a city fund as stated herein, shall not be refundable or reimbursable.

(d)

Bonus provision agreement. The developer shall prepare a draft bonus provision agreement describing the nature and timing of the amenity or amenities proposed and penalty for noncompliance. The agreement shall be entered into between the developer and the city prior to, or concurrently with, the second reading public hearing of the related, proposed rezoning.

(e)

Site plan zoning condition. The developer shall include a zoning condition on the final site plan to be submitted to the zoning administrator for certification that states the following, "Development shall comply with the provisions set forth in section 27-140 regarding bonus density/FAR. Refer to the 'Bonus Provision Agreement' that demonstrates compliance with section 27-140, approved/adopted concurrent with this site plan zoning."

(f)

List of improvements and amenities to achieve bonus density/FAR. The City of Tampa recognizes the need for certain improvements and amenities that generally enhance the urban quality of life. The list below represents those bonus improvements/amenities, from which the developer/property owner may choose any combination thereof to provide, in order to achieve an equivalent amount of bonus density/FAR, as calculated pursuant to this section:

(1)

Provision of ten (10) percent of the project's dwelling units as affordable housing. Those units shall be affordable to those buyers or renters who earn no more than eighty (80) to one hundred twenty (120) percent of the area median income (AMI) for the City of Tampa, for a minimum of thirty (30) calendar years from the date of the issuance of the certificate of occupancy for each individual unit deemed affordable. Financial parameters shall be set forth in the developer's agreement for this provision, as reviewed and agreed to by housing and community development, land development coordination and the city attorney for sufficiency.

(2)

Use of unused developments rights, approved through the Transfer of Development Rights Program procedures, set forth in section 27-141.

(3)

Contribute to or provide an improvement for use by the general public, located within a public easement, public right-of-way, or on public property, within the same multi-modal transportation impact fee district as the proposed development project, and which meets at least one (1) of the following options (developments may use more than one (1) of the options below and achieve the related bonus density/FAR for any/all improvements that meet the applicable criteria below):

Option 1:

a.

Identified in/on an approved, adopted, or accepted city plan for sidewalk(s), pathway(s), trail(s), bike lane(s), and/or on-street parking space(s); and

b.

Identified on the city's current capital improvement plan;

Option 2:

a.

A physical connection to an improvement that meets the criteria of Option 1 above; and

b.

Such connection shall meet the minimum applicable standards set forth in the Florida Greenbook for Pedestrian and/or Bicycle Facilities (most current edition);

Option 3:

a.

A physical connection to an improvement that meets the criteria of Option 1.a. above;

b.

That connects to an improvement that was constructed as a city capital improvement; and

c.

Such connection shall meet the minimum applicable standards set forth in the Florida Greenbook for Pedestrian and/or Bicycle Facilities (most current edition);

Option 4:

a.

A physical connection to an improvement that meets the criteria of Option 1.a. above;

b.

That connects to an improvement that was constructed to achieve bonus density/FAR in accordance with option in this paragraph; and

c.

Such connection shall meet the minimum applicable standards set forth in the Florida Greenbook for Pedestrian and/or Bicycle Facilities (most current edition);

Option 5:

a.

Any proposed landscape and/or streetscape elements ("enhancements") associated with an improvement that meets the criteria of Option 1 and/or 2 above (bonus achieved only for that increment of value above the minimum city code standard(s) for such enhancements); and

b.

Such enhancements shall be of a compatible design to those enhancements to which the bonus enhancements are connecting ("compatible" includes enhancements of an approved design equivalent, subject to approval of the planning and urban design manager or designee).

(4)

Commitment to secure, and verification of award prior to certificate of occupancy, LEED Certification for applicable rating system category, at silver or higher rating.

(5)

Provision of public parking (paid-parking is allowed), available and open to the general public, twenty-four (24) hours per day, year-round.

(6)

Transit operational support subsidy, provided in accordance with subsection (g)(1) of this section.

(7)

Relocation and/or installation of all utilities (poles, wires, cables, conduit, and all related equipment) underground, on-site and within all immediately adjacent rights-of-way. For properties with multiple right-of-way frontages, bonus can be achieved equivalent to each right-of-way segment completed.

(8)

Use of graywater technologies (defined as that part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste) allow for the following density/intensity bonus:

(g)

Bonus FAR methodology and calculation. The mathematical calculation, as described in subparagraph (3) below, hereby establishes the method by which the city and the developer shall determine the amount of bonus FAR to be considered for approval by city council. Generally, the formula provides a public subsidy to offset the developer's added cost of including additional public enhancements, by allowing development intensity beyond the base FAR of the subject "future land use" category. To achieve a "standardized" means of calculation, the following components shall be used in the bonus FAR calculation:

(1)

The current "per square-foot sum" of the construction cost (see a. below) and the (average) market land value shall equal the "development cost."

a.

Construction costs shall be based on a standard index and/or cost data. The city shall refer to the most current publication of the International Code Council (ICC) "Building Valuation Data" or similar, widely accepted, industry standard publication.

b.

The zoning administrator shall use the most current, average market land value ["AMLV"] calculated for and within the applicable boundaries, as follows:

1.

The CBD Periphery, as adopted in the Tampa Comprehensive Plan;

2.

The applicable Urban Village boundary as identified in the Tampa Comprehensive Plan;

3.

The applicable special (zoning) district, overlay district, or CRA plan area.

If the subject property is not located within one of the boundaries described in 1.—3. above, the AMLV shall be calculated by using:

4.

The most current market value, according to the Hillsborough County Property Appraiser's records; or

5.

The most recent, recorded "sale(s) price" figure, according to the Hillsborough County Property Appraiser's and/or Clerk of the Circuit Court records.

The final figure to be used as the (average) market land value in calculating the "development cost" shall be the highest figure from the applicable options 1.—5. above.

(2)

In order to fine-tune the incentive, a cost factor is applied to either increase or decrease the impact.

a.

For properties located outside the Channel District (CD), a "bonus cost ratio" of 10:1 is hereby established, representing for every one dollar ($1.00) contribution to an approved improvement/amenity from the list set forth in subsection (f) above, the developer/property owner is granted ten dollars ($10.00) in equivalent development dollars, which then translates to bonus unit(s)/FAR, based on the proposed developments overall costs.

b.

For properties located within the Channel District (CD), the bonus cost ratio is 100:1, representing for every one dollar ($1.00) contribution to an approved improvement/amenity from the list set forth in subsection (f) above, the developer/property owner is granted one hundred dollars ($100.00) in equivalent development dollars which then translates to bonus unit(s)/FAR, based on the proposed developments overall costs.

(3)

The following sample tables demonstrate the bonus density/FAR method and calculation:

Development Features:

Bonus Incentive Calculation for Specific Development:

Bonus Amenities ($) Proposed by Developer to be Applied to Bonus Incentive ($):

(h)

Miscellaneous formulas. Certain amenities may receive bonus credit for subsidies that the developer/property owner(s) provides for multiple years. These amenities are calculated based on the following methods:

Transit support subsidy. To provide transit support subsidy dollars as a bonus amenity, the developer/property owner(s) shall fund on either an annual basis or as a lump sum payment, the cost per rider based on the projected population, or fraction thereof, of the subject project. The subsidy shall be provided for a period of no less than twenty (20) years with the first annual payment made to Hillsborough Area Regional Transit Authority prior to the issuance of the first certificate of occupancy for the development. To calculate the "total bonus credit" for a transit support subsidy, follow Steps One (1) through Three (3) below:

(i)

Maintenance. Bonus credit shall be given for expenditures (both labor/operating and capital) related to maintenance of those amenities used in the bonus calculation. The developer/property owner shall provide an estimate for the total maintenance expenditures, subject to the following:

(1)

Credit may be given for areas designated for full public access and only for that portion of the feature that exceeds the minimum standards of city code.

(2)

Said estimate shall be calculated for a period not to exceed twenty (20) years.

(3)

Said estimate shall include a separate calculation for the labor/operating maintenance expenditures. These expenditures shall not exceed fifty (50) percent of the total dollars for maintenance and shall be expressed in present dollars.

(j)

Bonus provisions review. The city may review the "bonus improvements/amenities" list and related requirements to determine any change in community needs/desires and general relevance to current market conditions. All proposed text amendments shall follow the process as defined in section 27-149. Said review may include amenity and bonus cost/benefit analyses that consider the following factors:

(1)

Any changes to the bonus cost ratio (multiplier).

(2)

Public benefit derived from bonus improvements/amenities.

(3)

Developer benefits derived from bonus improvements/amenities vs. bonuses received.

(4)

Negative impacts that result from bonus gain(s) (traffic congestion, air quality, visual impacts, etc.).

(5)

Addition, elimination, and prioritization of the items on the bonus improvements/amenities list.

(Ord. No. 2016-58, § 2, 4-21-2016; Ord. No. 2022-137, § 1, 8-25-2022; Ord. No. 2022-171, § 1, 10-6-2022)

(a)

Intent. The transfer of the development rights program ("TDR") allows the transfer of unused development rights from properties which are intended to be preserved to designated receiving areas. The TDR program uses market forces to provide additional incentives for preservation of historic buildings by allowing developers the right to acquire development rights that can be used to increase development at a suitable location.

(b)

Eligibility. Only landmark sites that have buildings that have received a designation as a landmark structure or a contributing structure pursuant to Article V, Division 3 of this chapter, shall be eligible to be designated as "sending sites" under the TDR program, pursuant to the following procedures and criteria:

(1)

Eligibility for issuance of a certificate of transfer is determined by the historic preservation manager.

(2)

Prior to the issuance of a certificate of transfer, the historic preservation manager shall determine whether the buildings and structures on sending site have been preserved and rehabilitated in accordance with the Secretary of Interior Standards and in compliance with the applicable provisions of Chapter 27, including the following elements:

a.

Exterior wall, foundations, or other vertical support;

b.

Flooring and floor supports, roofs, or other horizontal structural members;

c.

External chimneys;

d.

Exterior finishes such as brick, wood, siding, stucco, plaster and mortar;

e.

Waterproofing of exterior walls, roofs, basements and foundations, including windows, doors, painting or other appropriate permanent weather protection or protective covering to insure the structure is and remains watertight;

f.

Exterior stairs, porches, handrails, window and door frames, canopies, balconies, cornices, entablatures, wall facings, and architectural details;

g.

Any other exterior element contributing to the buildings or structures on the sending site or required to be addressed in order to address a hazardous or unsafe condition;

h.

Any other causes of building decay or deterioration not otherwise specified above.

(3)

Prior to being designated as a "sending site" as provided for herein, the property owner shall enter into an agreement for rehabilitation and maintenance that provides, at a minimum, the stipulations set forth in subsection (2) above and any other provisions which the city determines are reasonably appropriate in order to preserve the sending site given specific issues on the property. Agreement by the property owner that the landmark or contributing structures on the sending site will not be permitted to fall into a condition of neglect, including but not limited to the following conditions:

a.

Deterioration of exterior wall, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling;

b.

Deterioration of flooring and floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling;

c.

Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling;

d.

Deterioration of crumbling or exterior brick, wood, siding, stucco, plaster or mortar;

e.

Ineffective waterproofing of exterior walls, roofs, basements and foundations, including broken windows or doors;

f.

Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering;

g.

Rotting, holes, and other forms of decay;

h.

Deterioration of exterior stairs, porches, handrails, window and door frames, canopies, balconies, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling;

i.

Deterioration that has a detrimental effect on the surrounding historic district;

j.

Deterioration that contributes to a hazardous or unsafe condition.

(4)

If the buildings or structures on the sending site do not meet the requirements set forth above, then the agreement for rehabilitation and maintenance shall include a process and time frame for completion of the work in accordance with the applicable provisions of Chapter 27 necessary to preserve and rehabilitate of the deficiencies identified by the historic preservation manager in accordance with the Secretary of Interior Standards and the applicable provisions of Chapter 27, and penalties for failure to comply, including withholding the certificate of transfer. The agreement may include, at the city's discretion, terms and conditions of a third party escrow agreement pursuant to which the proceeds of sale of the certificate of transfer will be deposited and disbursed by an escrow agent in order to insure completion of the work required to be performed.

(c)

Certificate of availability. Once the eligibility of the sending site is established, a site is eligible to receive a certificate of availability, as issued by the zoning administrator or designee, which reflects the development rights available for transfer from the sending site.

(d)

Certificate of transfer. Once a certificate of availability has been issued and a receiving site has been identified, the zoning administrator or designee may approve the certificate of transfer, which shall be numbered and shall be recorded with the Clerk of the Circuit Court. The certificate shall reflect the development rights being transferred. The certificate of transfer may be conditioned upon a third party escrow agreement, as provided for in the agreement for rehabilitation and maintenance.

(e)

Enforcement through restrictive covenant of zoning. Prior to issuance of a certificate of transfer, a restrictive covenant approved by the city in form and content shall be executed and recorded in the public records (the TDR restrictive covenant). The TDR restrictive covenant shall describe the adjusted development rights of the sending site. Such restrictive covenants shall run with the land, shall be binding on successors, heirs and assigns, and shall require the subordination of all mortgagees of record. In addition, the agreement for rehabilitation and maintenance shall also be executed and recorded in the public records and become part of the TDR restrictive covenant. The agreement may be specifically enforced in a court of competent jurisdiction or through any other manner as provided for by applicable law.

(f)

Destruction and/or demolition of property. If a structure located on a sending site with adjusted development rights is destroyed, the sending site may only be redeveloped to the extent of the adjusted development rights as recorded in the TDR restrictive covenant.

(g)

Calculation of development rights.

(1)

Sending site. The amount of development rights that can be transferred from an eligible sending site is calculated by multiplying the base dimensions of the property, minus minimum zoning district setbacks, multiplied by the number of stories (by a rate of one (1) story equals ten (10) feet in building height) allowed in the base zoning, minus the total square footage of the structure located on the property. The amount shall not include the calculation of any overlay incentive or other "additional height" program. For example:

Table 6-2 (Example Calculation):

(2)

Receiving site. The maximum amount of development rights that a receiving site can incorporate is limited by the maximum building height of the receiving zoning district measured in stories at a rate of one (1) story equals ten (10) feet in building height.

(h)

Sale, assignment, or transfer of development rights after issuance of certificate of transfer. The sale, assignment or transfer of development rights after issuance of a certificate of transfer is permitted, so long as a valid certificate remains in compliance with this section.

(Ord. No. 2016-58, §§ 3, 10, 4-21-2016)

Editor's note— Ord. No. 2016-58, § 3, adopted April 21, 2016, repealed § 27-141, which pertained to Central Business District (CBD) Periphery Bonus; methodology and calculation; list of bonus amenities. Subsequently, § 10 of same ordinance renumbered and amended § 27-282.23 as a new § 27-141 as herein set out. See Code Comparative Table for complete derivation.

For the purpose of establishing and maintaining sound, stable and desirable development within the city, this chapter shall not be amended except to correct a manifest error in the chapter or, because of changed or changing conditions in a particular area or in the city generally, to rezone an area, extend the boundary of an existing zoning district or to change the regulations and restrictions thereof and then only as reasonably necessary for the promotion of the public health, safety or general welfare and to achieve the purposes of and achieve conformance with the Tampa Comprehensive Plan. No amendment shall be approved that will result in the reduction of the level of service standards set forth in the Tampa Comprehensive Plan.

Subject to the limitations of the foregoing statement of intent, an amendment to this chapter may be initiated by:

(1)

The city council on its own motion; or

(2)

The code administrator.

Such publicly initiated amendments to this chapter shall be processed in accordance with the cycles established in section 27-151 and the schedule published by the code administrator.

(Ord. No. 2019-54, § 22, 4-18-2019; Ord. No. 2022-3, § 2, 1-13-2022)

(a)

Area rezoning. An area rezoning is deemed to mean any proposed change to the official zoning atlas which is initiated by:

(1)

The city council on its own motion; or

(2)

Application, by any person other than the owner of the property or his agent; or

(3)

Application, by any person or his agent, for a rezoning which involves ten (10) contiguous acres of land or more.

(4)

Every application for an area rezoning filed under subsection (a) above shall contain the information described below. Additional material may be presented at the applicant's option:

a.

All items required in subsection (b)(l) and (2) below.

b.

A transportation analysis, prepared by a professional traffic engineer or approved by the city traffic engineer, when required, shall be submitted with all area rezoning applications. The analysis shall include the total trips generated by the rezoning and the distribution of the trips onto adjacent streets. Institute of Traffic Engineers (ITE) trip generation rates or other approved source shall be used as the basis for trip generation calculations.

(5)

The applicant shall pay a fee, as established by the city council by resolution, which covers the city's cost and expense in connection with the handling and processing of the zoning application. The fee shall be paid at the time of filing. No refund of the fee shall be made after the application is filed. However, by a majority, the city council may authorize the director of revenue and finance to refund the filing fee in any case where, due to administrative error and without applicant's fault, the rezoning application has been unnecessarily filed.

(6)

Processing schedule.

a.

Euclidean and site plan district area rezoning applications.

1.

Applications shall be filed with the zoning administrator. The zoning administrator shall receive, certify, and make recommendations on applications for rezoning, and once certified, shall transmit one (1) copy of the completed application to the city clerk for placement on the applicable city council agenda for public hearing.

2.

Refer to subsection (b)(4)a. below for processing procedures for Euclidean area rezoning applications.

3.

Refer to subsection (b)(4)b. below for processing procedures for site plan district area rezoning applications.

b.

Transportation analysis (when required).

1.

Prior to submittal of the application for rezoning, the applicant shall be required to meet with the transportation division, in order to define the appropriate methodology for the analysis.

2.

The analysis is due upon submittal of the application and the transportation division shall have a minimum of thirty (30) days to review any analysis submitted in support of the application. Any revisions to an analysis may require additional review time beyond the initial thirty (30) day review period, unless otherwise determined by the director of public works.

c.

If the applicant fails to comply with any of the requirements as set forth in subsections (a)(4)—(6) above, the applications shall be continued to a later public hearing date. Once the zoning administrator certifies that the application is complete, the zoning administrator shall transmit one (1) copy of the completed application to the city clerk for placement on the next available public hearing date. For purposes of this subsection, "available public hearing date" means an agenda item position, on an evening city council agenda, that is open and available per city council's adopted Rules of Procedure.

City council, by unanimous vote, may elect to add additional agenda item positions on any evening city council agenda. In this event, the application must comply with the public notice requirements of section 27-149 and the final site development plan deadline per subsection (b)(4)b. below.

(7)

Adoption by city council. Area rezonings shall be adopted in the same manner as parcel rezonings, subsection (b)(5) below.

(b)

Parcel rezonings: Receipt of applications and associated documents. Applications shall be filed with the zoning administrator. The zoning administrator shall receive, certify, and make recommendations on applications for rezoning, and once certified, shall transmit one (1) copy of the completed application to the city clerk for placement on the applicable city council agenda for public hearing. Every application for parcel rezonings shall contain, at a minimum, the information described below:

(1)

Euclidean parcel rezoning.

a.

The application shall be typewritten, signed and sworn to by the applicant or his authorized agent and shall include the post office address of the applicant and the property owner.

b.

It shall give an accurate legal description of the land involved, including street address, if any, and the names of all owners, mortgage holders, lienors and lessees.

c.

It shall list all owners of the property which is the subject of the application, together with all owners of property within two hundred fifty (250) feet, including roads or streets, in any direction from the property line of the property which is the subject of the application, the names and addresses of all such owners to be obtained by reference to the latest ad valorem tax records.

d.

It shall give the existing district zoning classification of the land and the district zoning classification to which it is desired a change be made.

e.

It shall have attached a sealed survey, which contains boundary, topographic, and tree location information.

f.

Any other information, as required by the zoning administrator, that may be needed to certify the application.

(2)

Site plan district parcel rezoning.

a.

All requirements noted in subsection (b)(l) above.

b.

All requirements noted in section 27-138.

(3)

The applicant shall pay a fee, as established by the city council by resolution, which covers the city's cost and expense in connection with the handling and processing of the zoning application. The fee shall be paid at the time of filing. No refund of the fee shall be made after the application is filed. However, by a majority vote, city council may authorize the director of revenue and finance to refund the filing fee in any case where, due to administrative error and without applicant's fault, the rezoning application has been unnecessarily filed.

(4)

Processing schedule.

a.

Euclidean parcel rezoning applications.

1.

Upon receipt of a complete application, the zoning administrator shall assign a tentative public hearing date.

2.

For Euclidean parcel rezoning applications, attendance at a DRC meeting is not required.

3.

The zoning administrator shall distribute the application to DRC and compile all its findings and recommendations into one (1) consolidated report. Said findings and recommendations shall be based on the DRC review of the application and transmitted to city council.

b.

Site plan district parcel rezoning applications.

1.

Upon receipt of a complete application, the zoning administrator shall assign a tentative public hearing date.

2.

For site plan district parcel rezoning applications, the applicant or assigned agent shall be required to attend a DRC meeting, which shall be held approximately thirty (30) days following the application filing date.

3.

Final site plan is due to the zoning administrator no later than thirty (30) days following the scheduled DRC meeting date. The zoning administrator will redistribute the revised site plan to the DRC for any final comments to be incorporated into the consolidated report.

If the final site plan demonstrates substantial revision(s) from the site plan reviewed by DRC, the zoning administrator shall reassign the application to the next available public hearing date, as defined in subsection (b)(4)d. below. If necessary, a new DRC meeting may be held. For purposes of this section, the zoning administrator shall deem a substantial revision to exist where:

i.

There is an increase of greater than five (5) percent in the total number of dwelling units; or,

ii.

There is an increase of greater than five (5) percent in the total floor area for non-residential and/or mixed use developments; or,

iii.

There is a decrease of five (5) percent or more of the acreage set aside for open space (unpaved); or,

iv.

There is a modification in the original design concept/site layout, such as a substantial change in relationships among land uses, addition of a permitted use not shown in the initially reviewed site plan, substantial change in traffic pattern or points of ingress or egress, and/or an increase of ten (10) percent in total external traffic generation based on previously submitted traffic generation figures; or,

v.

There is a change in design and location of the proposed stormwater facility that negatively impacts a surrounding residential neighborhood; or,

vi.

There are either cumulative or concurrent sub-threshold changes proposed that require review by two (2) or more DRC member agencies.

4.

The zoning administrator shall distribute the application to DRC and compile all its findings and recommendations into one (1) consolidated report. Said findings and recommendations shall be based on the DRC review of the final site plan and transmitted to city council.

c.

Transportation analysis (when required).

1.

Prior to submittal of the application for rezoning, the applicant shall be required to meet with the transportation division, in order to define the appropriate methodology for the analysis.

2.

The analysis is due upon submittal of the application and the transportation division shall have a minimum of thirty (30) days to review any analysis submitted in support of the application. Any revisions to an analysis may require additional review time beyond the initial thirty (30) day review period, unless otherwise determined by the director of public works.

d.

If the applicant fails to comply with any of the requirements as set forth in subsection (4) above, or submits a final site plan that demonstrates substantial revision(s), the zoning administrator shall reassign the application to the next available public hearing date. For purposes of this subsection, "available public hearing date" means an agenda item position, on an evening city council agenda, that is open and available per city council's adopted rules of procedure.

City council, per "City Council Rules of Procedure," may elect to add additional agenda item positions on any evening city council agenda, or may allow a position to be added on a day city council agenda. In this event, the zoning administrator may adjust the public hearing date for any application, so long as that application complies with the public notice requirements of section 27-149 and the final site development plan deadline per subsection (b)(4)b. above.

(5)

Adoption by city council.

a.

First reading public hearing. The first public hearing shall be held concurrent with the first reading of the rezoning ordinance ("first reading public hearing"). If no revisions are required to the site plan, then city council shall proceed pursuant to subsection (5)a.3. below. If revisions to the site plan are required, the following provisions apply:

1.

Minor site plan revisions. If any minor revisions to the final site plan are necessary as a result of issues identified prior to or during the first reading public hearing, then those minor revisions shall be clearly articulated and approved by city council prior to the close of the first reading public hearing. Said approval thereby directs the applicant to correct those identified minor revisions prior to the second reading public hearing. Once the public hearing is closed, city council may read the ordinance, by title, for approval on first reading, and the following actions shall occur:

i.

The revised final site plan with the approved minor site plan revisions shall be submitted to the zoning administrator no later than the end of business on the seventh (7th) calendar day prior to the second reading public hearing.

ii.

If the applicant fails to comply with the submittal deadline in subsection (5)a.1.i. above, then the second reading public hearing shall be continued a minimum of two (2) weeks or city council may consider the application based upon final site plan submitted to the zoning administrator.

For the purposes of this section, minor site plan revisions shall consist of those text and/or graphical changes to the site plan, which do not exceed the minimum thresholds set forth in the subsection (4)b.3. above.

2.

Substantial site plan revisions. If any substantial revisions to the final site plan are necessary as a result of issues identified prior to or during the first reading public hearing, then the first reading public hearing shall be continued a minimum of four (4) weeks, and the following actions shall occur:

i.

The revised final site plan containing the substantial revisions shall be submitted to the zoning administrator no later than the end of business on the twenty-first (21st) calendar day prior to the continued first reading public hearing.

ii.

If the applicant fails to comply with the submittal deadline in (5)a.2.i. above, then the continued first reading public hearing shall be continued a minimum of two (2) weeks or city council may consider the application based upon final site plan submitted to the zoning administrator.

For the purposes of this section, substantial site plan revisions shall consist of text and/or graphical changes, which exceed the minimum thresholds set forth in the subsection (4)b.3. above, or city council determines that additional time is necessary for further information to be presented to city council.

3.

First reading. Upon the close of the first reading public hearing, city council shall either:

i.

Read the rezoning ordinance by title only; or

ii.

Vote to deny the application.

b.

Second reading public hearing. A second public hearing shall be held concurrent with second reading ("second reading public hearing"). The second reading public hearing shall be held no earlier than two (2) weeks following the first reading public hearing. Prior to the close of the second reading public hearing, the zoning administrator shall present the certified site plan to city council.

A certified site plan shall mean a site plan, which is stamped by the zoning administrator as the (revised) final site plan that includes all text and/or graphic revisions approved by city council at the first reading public hearing. Upon close of the second reading public hearing, city council shall either:

i.

Read by title only and approve the rezoning ordinance; or

ii.

Vote to deny the application.

c.

The chairman of the city council and city clerk shall date and endorse the adopted, certified site plan, and the certified site plan shall be incorporated by reference into the ordinance and filed as a part of the official zoning records of the City of Tampa.

(c)

Compliance with Tampa Comprehensive Plan. No application for rezoning shall be accepted for filing by the zoning administrator unless the subject property is located completely within a Tampa Comprehensive Plan land use classification that allows consideration of the requested zoning district. This review shall be based upon the adopted Tampa Comprehensive Plan. The zoning administrator may receive and process a rezoning application where the applicant establishes that a land use plan amendment is presently being processed by the appropriate land planning agency, which amendment, if approved, would allow consideration of the requested zoning district. However, the rezoning application may not be adopted until thirty (30) days after the land use plan amendment is adopted. Any fees paid by the applicant to process the rezoning application are forfeited should the subject amendment fail to be adopted by the city council.

(d)

City council shall approve or deny an application for rezoning within one hundred eighty (180) days of the applicant submitting their application to the zoning administrator. City council may, for good cause shown, extend this period a maximum of thirty (30) days. Further extension of time may be granted by city council, only upon finding of extenuating circumstance(s). Any application that has not been set for public hearing within one hundred eighty (180) days of submittal to the zoning administrator shall be deemed withdrawn and shall be subject to section 27-150, unless the scheduling delay is a result of administrative error.

(Ord. No. 2019-54, § 23, 4-18-2019; Ord. No. 2022-3, § 3, 1-13-2022)

(a)

Public notice generally. For the purposes of compliance with public notice requirements, the statutory notice requirements set forth in this section are required in order to ensure a valid final action on land development decisions. However, the City of Tampa recognizes the importance of community involvement in land development decisions for which notice is not required pursuant to Florida Statutes. In an attempt to facilitate such involvement, and to provide courtesy notification of land development decisions to property owners and residents in affected areas of the City of Tampa, and to other interested parties and organizations, it is the intent of the section to provide a process for supplemental notice. The failure to provide this supplemental notice required herein shall not be construed to invalidate any final action on a land development decision, if discovered after final action has been taken.

(b)

Statutory notice. Statutory public notice for all land development decisions and for text amendments to the Land Development Code, as defined in this chapter, shall be provided for by the City of Tampa in compliance with the requirements of applicable Florida Statutes, including, but not limited to, Section 166.041 and the requirements of the City of Tampa Charter for the matter to be approved. All public hearings will be scheduled in a manner consistent with Tampa City Council Rules of Procedure and any other applicable provision of City of Tampa Code of Ordinances. If there is ever a conflict between City of Tampa Code of Ordinances and applicable Florida Statutes relative to notice, the provisions of Florida Statutes shall prevail and apply, including all publication requirements. The city council may, by resolution, adopt a schedule of fees to be paid in connection with providing statutory notice.

(c)

Supplemental notice. Supplemental public notice shall be provided for all land development decisions as provided for below, unless another provision of City of Tampa Code of Ordinance provides for different supplemental notice requirements. For the purposes of this subsection, the term "applicant" shall also include the "petitioner" in a review proceeding. If the city is pursuing the land development decision, then the city shall be deemed the "applicant." If two (2) public hearings are required, then supplemental notice must be provided prior to the first public hearing.

(1)

Notice of filing application for rezoning, Special Use 2, and Special Use 2—Alcoholic beverage. The applicant shall send the required mailed notice of filing of application for a rezoning, Special Use 2, and Special Use 2—Alcoholic Beverage not less than fifteen (15) days after the date of acceptance of the application by staff. The notice shall identify the physical address of the subject property; the phone number, address, and email address (if available) of the applicant; the application number as assigned by the city; and a description of the land development decision requested including type of application, information on how to view a digital copy of the complete application, including, where applicable, the proposed site plan, the digital barcode linking to the development application map, and other information as required by the city.

(2)

Mailed notice of public hearing. The applicant shall send the required mailed notice not less than thirty (30) days prior to the date of the public hearing on which the application is scheduled. The notice shall identify the physical address of the subject property; the day, month, and year of the public hearing; the scheduled time and location of the public hearing; the phone number, address, and email address (if available) of the applicant; and a description of the land development decision requested including type of application, information on how to view a digital copy of the complete application, including, where applicable, the proposed site plan, the digital barcode linking to the development application map maintained by the city, and other information as required by the city.

a.

Property owner. If the property owner for the land development decision is not the applicant, then the applicant shall mail notice of filing of application and notice of public hearing to the property owner as listed in the most current ad valorem tax rolls. This notice shall be mailed by "certificate of mailing" through the United States Post Office to the property owner to the mailing address listed for the property owner, on the most current ad valorem tax rolls (per subsection 27-149(c)(3)(b) below).

b.

Good Neighbor Notice for Participating neighbors. The applicant shall mail notice of filing of application and notice of public hearing to each owner of real property located within three hundred (300) feet of the subject property in all directions from the subject property line, including roads or streets, as listed in the most current ad valorem tax rolls ("participating neighbors"). This notice shall be mailed by "certificate of mailing" through the United States Post Office to the participating neighbors. Notice shall be mailed to the mailing address listed, if available, for the participating neighbors on the most current ad valorem tax rolls (per subsection 27-149(c)(4)(b) below).

c.

Good neighbor notice for participating organizations.

i.

The applicant shall mail good neighbor notice of filing application and notice of public hearing to all participating organizations registered within the neighborhood area in which the subject property is located. This notice shall be mailed by "certificate of mailing" through the United States Post Office to the address of the authorized representative of the participating organization.

ii.

To receive good neighbor notice as a participating organization, an organization shall provide at a minimum, in a format provided by the city, the name, mailing address, telephone number and electronic mail address (if available) of its authorized representative(s) and identify the neighborhood area(s) for which the participating organization is requesting to receive good neighbor notice. Upon request of the city, a participating organization shall provide information showing that it qualifies as a participating organization, as defined in section 27-43.

iii.

Registration as a participating organization shall be updated on an annual basis as of October 1 of each year. In order to ensure that good neighbor notice is provided pursuant to this section, a participating organization has an obligation to update the information that the city has on file for its authorized representative.

(3)

Posted notice.

a.

The applicant shall post notice of the public hearing on a sign located on or near the front of the subject property, adjacent to and visible from the street or public right-of-way and not within a building or obstructed by any site feature, not less than thirty (30) calendar days and not more than sixty (60) calendar days prior to the public hearing. If the property maintains two (2) or more street frontages, at least one (1) sign must be posted per property frontage.

b.

The sign, which may be metal or other substance in a format provided by the city, must be at least twenty-four (24) inches by thirty-six (36) inches upon which shall appear and must identify the day, month, and year of the public hearing; the scheduled time and location of the public hearing; the application number as assigned by the city including type of application (e.g. rezoning, special use, variance, etc.); and digital barcode linking to the development application map maintained by the city.

(4)

Affidavit of compliance with supplemental notice requirements. The applicant shall file proof that the supplemental notice requirements have been met by filing an affidavit of compliance with the city clerk or other appropriate official if specifically identified in this chapter on a form of affidavit provided by the city, and may be submitted electronically. The affidavit of compliance (which includes the affidavit along with the required documents) shall be filed with the city clerk or other applicable city official, not less than fifteen (15) calendar days prior to the scheduled public hearing, or by the date specified in any section herein with regard to a written decision review period. The affidavit of compliance shall state that the applicant has complied with all applicable supplemental notice requirements. The following documents shall be attached to the affidavit of compliance:

a.

The certificate of mailing to the property owner and/or participating neighbors;

b.

The ad valorem tax rolls used for providing notice to property owners shall be the most current tax roll, certified by the Hillsborough County Property Appraiser's office, so long as the list has been produced no more than ninety (90) calendar days prior to the date of the submittal of the affidavit of compliance;

c.

A copy of the mailed notice letter;

d.

Two (2) photographs of each posted sign - one (1) which clearly shows the language on the posted sign and one (1) photograph which clearly shows the location where the sign is posted on the subject property; and

e.

The list of participating organizations that were provided good neighbor notice, including the mailing address and authorized representative.

(5)

Failure to perfect supplemental notice.

a.

Filing of application-related supplemental notice. If the applicant fails to provide supplemental notice in accordance with this section not less than fifteen (15) days after the date of acceptance of the application by staff, or if the applicant fails to timely file the complete affidavit of compliance, then the public hearing shall not be set until applicant has complied with the filing of application-related notice requirements.

b.

Public hearing-related supplemental notice. If the applicant fails to provide supplemental notice in accordance with this section prior to the public hearing for the land development decision, or if the applicant fails to timely file the complete affidavit of compliance, then the public hearing shall be cancelled and reset as a new application, pursuant to the applicable scheduling procedure, to allow compliance with the notice requirements.

c.

Written administrative determination-related supplemental notice. If the applicant fails to provide supplemental notice in accordance with this section, or if the applicant fails to file the complete affidavit of compliance, then the written administrative determination shall not be issued, until the applicant perfects the supplemental notice and related application process timeframes (i.e. open record period), as required by this section.

(6)

Public notice for continued public hearings and amended applications.

a.

Continued public hearings. Supplemental notice shall not be required for a public hearing that is continued by motion or lack of quorum after the date and time of the scheduled public hearing. However, city council may require the applicant to provide additional notice as a condition of granting a continuance request.

b.

Amended application for purposes of notice. Before the public hearing, the application may be amended to correct an error or omission or to increase the legal boundary of the land, to add new uses and/or adds a more intense zoning district to the application. If this amendment requires re-advertisement of the notice of public hearing, the applicant shall pay an amendment fee, as established by resolution of the city council, to cover the cost and expenses as a result of the amendment at the time the amendment is filed. If notice was not perfected in accordance with this section the applicant shall be required to amend his application and pay an amendment fee. An amended application shall be rescheduled to a date that will provide for compliance with the statutory and supplemental notice requirements, provided pursuant to this section. The applicant shall be responsible for re-notification of the amended application.

c.

Public hearings that are postponed due to a declared local state of emergency. Where a local state of emergency is declared and a meeting is postponed as a result of the local state of emergency, items on the agenda that are set for a public hearing during the local state of emergency will be automatically continued to a time and date certain which, for purposes of continued items, will be the next regularly scheduled meeting of the council, board, or commission. The applicant will not need to provide additional notice for the new, continued public hearing date and time unless the council, board, or commission requires that additional notice be provided.

(Ord. No. 2015-105, § 4, 10-15-2015; Ord. No. 2015-106, § 3, 10-15-2015; Ord. No. 2020-166, § 24, 12-17-2020; Ord. No. 2023-128, § 2, 9-21-2023; Ord. No. 2024-16, § 5, 2-1-2024)

(a)

Appearance by applicant. The applicant or his authorized agent shall appear in support of his application at the public hearing. Failure to so appear, absent good cause shown, may be grounds for considering the application withdrawn pursuant to subsection (c) below.

(b)

Effect of denial of application. Denial of rezoning applications by the city council, filed under this section, shall preclude consideration of other rezoning applications for the same zoning classification sought by the denied application involving the same lands or any portion thereof for a period of twelve (12) months from the date of denial of the previous application. However, upon written application to the land development coordination office, the zoning administrator shall consider a request to waive the twelve-month period if in the determination of the zoning administrator the applicant demonstrates:

(1)

A specific or comprehensive amendment to the adopted land use plan became a law subsequent to the certification of the denied application for rezoning; and, the amendment has the effect of altering the land use plan so as to allow for favorable reconsideration of the application; or

(2)

The new site plan rezoning request has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application with the land development coordination office, subject to the current filing schedule as set by the zoning administrator.

(c)

Withdrawal of application. An applicant, upon written notice to land development coordination and the city clerk, may withdraw his application at any time; provided however, if the request for withdrawal is received after notice of hearing has been provided pursuant to section 27-149, no application for the reclassification of all or any part of the land which is the subject of the application shall be allowed for six (6) months following the date of receipt of the notice of withdrawal.

(d)

Withdrawal of zoning application when related to Comprehensive Plan Amendment Application. A rezoning application that is contingent on a request to amend the comprehensive plan shall be deemed withdrawn and of no further effect where the requested amendment to the compehensive plan is denied by city council. No further proceeding of action by council shall be required.

(e)

Refiling. Where an applicant filing an application for rezoning property fails to perfect his application by not filing the affidavit on time or otherwise fails to perfect the notice or site plan requirements set forth in this chapter, so that the petitioner may not be heard at the scheduled public hearing, and any of the foregoing acts or omissions occur for two (2) consecutive public hearings scheduled for the subject petition, then no new or amended application involving the same property may be heard for a minimum period of six (6) months from the date of the last public hearing, specifically scheduled for that petition and/or property.

(Ord. No. 2024-16, § 6, 2-1-2024)

The code administrator or designee shall examine the provisions of this chapter and may submit a bi-annual report to the city council recommending changes and amendments, if any, that are desirable in the interest of furthering the public health, safety and general welfare. Any city council directed text amendment requests for this chapter shall be submitted to the code administrator for review and processing. The deadline for each text amendment cycle shall fall on January 15 and July 15 of each calendar year. Processing of the proposed text amendments shall begin on the deadline date. The code administrator or city council may initiate a text amendment, outside of the normal text amendment cycle, to:

(1)

Correct an unintentional error;

(2)

Address time sensitive amendments that directly align with the city's strategic initiatives;

(3)

Correct conflict between sections of this chapter, or with other chapters;

(4)

Implement changes to this chapter resulting from changes in state legislation; or,

(5)

Amendments to procedural matters. Refer to sections 27-148 and 27-149(a).

(Ord. No. 2019-54, § 24, 4-18-2019; Ord. No. 2022-3, § 4, 1-13-2022)

Review of city council action within the procedures established in this article shall be to the circuit court, and shall be in the form of a petition for writ of certiorari.

(a)

Within thirty (30) calendar days after receiving an application for approval of a development permit or development order, the city shall review the application for completeness and issue a written response indicating that all required information is submitted, or specifying with particularity any areas that are deficient.

(b)

If the application is deficient, the applicant shall have thirty (30) calendar days to address the deficiencies by submitting the required additional information.

(c)

Within one hundred twenty (120) calendar days after the city has deemed the application complete, or one hundred eighty (180) calendar days for applications that require final action through a quasi-judicial hearing or a public hearing, the city must approve, approve with conditions, or deny the application for a development permit or development order. Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstance.

(d)

An approval, approval with conditions, or denial of the application for a development permit or development order will include written findings supporting the municipality's decision.

(e)

For purposes of this section, the terms "development permit" and "development order" shall be defined to include rezoning approvals, special use permits, variance approvals or any other official action of the city having the effect of permitting the development of land.

(Ord. No. 2020-166, § 25, 12-17-2020)

The Development Review and Compliance (DRC) staff shall act as the Design Review Board and shall have the responsibility of reviewing applications for land development decisions and any applicable development review applications that are processed administratively. Land development decisions requiring DRC review shall include but not be limited to land rezoning applications, applications for approvals of special use permits, planned developments and other land development proposals requiring DRC staff review as stated in this chapter.

(Ord. No. 2022-138, § 3, 8-25-2022)

The Land Development Coordination Division shall have the responsibility of administering the DRC process through procedures established by the PDD. The DRC review shall generally include input from representatives of various city departments and other agencies, including but not limited to the following: department of public works, wastewater department, water department, legal department, solid waste department, police and fire departments, department of parks and recreation, state department of transportation, county school board, county health department, designated land planning agency, Tampa Electric Company, People's Gas, General Telephone, the Federal Housing Administration, the Architectural Review Commission and the Barrio Latino Commission, as necessary.

The Land Development Coordination Division, or other division of PDD as necessary, shall establish meeting places, dates, and times for the Development Review and Compliance staff to carry out the intent of the city's Land Development Code and other applicable development regulations.

(a)

Intent and purpose. The purpose of the HPDRC process is to provide technical assistance and guidance to applicants whose project requires ARC approval, to achieve compliance with development standards established by this Code, and to promote the goals and objectives of the adopted comprehensive plan.

(b)

Administration and review staff, generally. The Historic Preservation Division shall have the responsibility of administering the HPDRC process through procedures established by the department. The HPDRC review shall generally include input from representatives of various city departments and other agencies, including but not limited to: historic preservation, zoning, public works, parks and recreation, building department, solid waste, stormwater, fire, and transportation, as necessary.

(c)

Meetings. The ARC administrator, Historic Preservation Division, or other division of the department as necessary, shall establish meeting places, dates, and times for the HPDRC staff to carry out the intent of the city's Land Development Code and other applicable development regulations. All meetings with the HPDRC shall be open to the public.

(d)

Process. All applications requiring approval by the ARC shall be submitted to the ARC staff, must be submitted by the application deadline date, and must include the items listed in subsection (2)a.—f.

(1)

An application must be determined to be complete by the ARC administrator prior to being scheduled for a public hearing date. Completeness is based on compliance with items identified in subsection (2)a.—f. below. After determination that an application is complete, drawings will be submitted to reviewing departments including, but not limited to, transportation, landscape and tree, and sanitation. Written comments from the reviewing departments are due to the ARC staff within fourteen (14) calendar days from the date of receipt of the complete application and will be read at the HPDRC meeting.

(2)

The HPDRC staff meeting shall be scheduled by the Historic Preservation Division pursuant to the ARC schedule. The meeting shall be coordinated by the ARC administrator and any representatives from the reviewing agencies may participate at the meeting. The following items shall be reviewed at the HPDRC staff meeting, subject to exemption by the ARC staff when it is determined that the item is not required for complete review:

a.

Thirteen (13) copies of a site plan including identification of existing and proposed construction, height of structure, setback dimensions, mechanical equipment (heating, ventilation and air conditioning equipment, water heater, etc.), sidewalks, curbs, street, structures on adjacent sites and across the street at 1" = 10'0".

b.

Material selection(s).

c.

All elevations and floor plans applicable to the request at one-quarter (¼) inch equals one (1) foot zero (0) inches, or a scale approved by the ARC administrator as more appropriate.

d.

Complete demolition plan, when the project includes new construction or an addition to an existing structure.

e.

Information about the building materials to be used, including samples when required by the ARC administrator.

f.

Architectural wall section at three-quarters (¾) inch equals one (1) foot zero (0) inches.

(Ord. No. 2020-166, § 10, 12-17-2020)

(a)

The purpose of the Ybor City Historic District is to promote and preserve this historic district and its landmarks for the educational, cultural, economic and general welfare of the public through the preservation, protection and regulation of buildings, sites, monuments, structures and other areas of historic interest or importance within the Ybor City area of the city; to safeguard the heritage of our city by preserving and regulating this district and its landmarks which reflect elements of our cultural, social, economic, political and architectural history; to preserve and enhance the environmental quality and safety of this district and the neighborhoods within it; to strengthen the city's economic base by the stimulation of the tourist industry; to establish, stabilize and improve property values; to foster economic development and to manage growth.

(b)

As a regulatory tool, the Ybor City Historic District will assist in the revitalization efforts directed toward Ybor City. These efforts are set out in the Community Redevelopment Plan for the Ybor City Community Redevelopment Area of 1988. It will establish a regulatory framework within which appropriate uses of land will be encouraged. It will allow a compatible mix of residential, commercial, light industrial and public uses, which will strengthen Ybor City's local and regional identity. The character, architectural style and historic value of property will be protected from repairs and construction of inferior quality and appearance and from alterations that are incompatible with their preservation. These elements will be further enhanced by maintaining a high quality of design in infill construction and other new development in the area. The district regulations will require adherence to high standards of landscaping, control of signs and the maintenance of property in both public and private ownership, the intent of this article being to stabilize and strengthen the district's rehabilitation efforts, to protect the value of the buildings therein, and to preserve this irreplaceable area of historical significance for the benefit and enjoyment of future generations.

(c)

In the event of a conflict between the Ybor City Historic District Design Guideline standards and the provisions of this chapter, the more restrictive standards shall apply.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2024-16, § 3, 2-1-2024)

(a)

Generally. The "Ybor City Historic District" is hereby established as two (2) areas designated as the Original Ybor City Historic District and the Expanded Ybor City Historic District. Together the area is known as the Ybor City Historic District. (See section 27-177 for YC-District descriptions and Use Table).

(Ord. No. 2014-15, § 3, 2-20-2014)

(a)

Creation. There is hereby established the Barrio Latino Commission ("BLC"), which shall serve as the architectural review board for the Ybor City Historic District.

(b)

Membership. The BLC shall be comprised of seven (7) members. Four (4) members of the BLC and one (1) alternate member shall be appointed by the mayor, with the approval of the majority of city council, and three (3) members and one (1) alternate member shall be appointed by the city council. The members and alternate members shall have a demonstrated interest, competence, professional experience or knowledge in architecture, historic preservation, history, architectural history, planning, archaeology, development, real estate appraisals, real estate marketing, law or other related disciplines.

In appointing members, the mayor and city council shall include, to the extent such individuals are available in the community and willing to serve, two (2) registered architects, individuals with demonstrated experience in historic preservation, architecture, architectural history, archaeology, landscape architecture or urban design, building construction or real estate, and individuals who reside in or operate a business in the Ybor City Historic District. The two (2) alternate members shall be from any of the categories set forth above.

(1)

The members of the BLC shall not be entitled to compensation, pension, or other retirement benefits by virtue of serving on the BLC, but shall be entitled to receive their travel expenses and other actual BLC expenses, as approved by the PDD director, while outside of the city, and which are incurred in the performance of their duties of office in an amount equal to and computed in the same manner as the amount allowed to officials of the City of Tampa for travel and subsistence while traveling on public business.

(2)

Members of the BLC shall not sit as officers or board members of local historic preservation related organizations. If a member of the BLC has two (2) or more conflicts of interest, as defined in F.S. Ch. 112, within one (1) year, then such member's appointment shall be reviewed by the mayor for a determination of whether the member's business or personal interests present frequent recurring conflicts of interest with his/her membership. Upon such finding by the mayor, with the concurrence of city council, the BLC member shall be removed and a replacement appointed.

(3)

Except with respect to their official duties, members of the BLC shall not participate in activities relating to matters filed with the BLC.

(c)

Tenure. All appointments shall be made for terms of three (3) years, including the alternate members. No member, including alternate members, shall serve more than two (2) consecutive terms on the BLC. Appointments to fill a vacancy shall be for the unexpired term of office, which term shall not count toward the two (2) consecutive term limit. Upon the expiration of a term, members may continue to serve until replaced by the appropriate appointing authority. Upon the expiration of a term and replacement by the appropriate appointing authority, a former member is not eligible to be re-appointed to the BLC unless a minimum of one (1) year has transpired.

(d)

Officers. The BLC shall each year elect members to serve as chair and vice-chair. The chair shall preside at meetings of the BLC and shall have the right to vote. The chair shall be the spokesman for the BLC in presenting its policy to the public. In the absence or disability of the chair, the vice-chair shall perform the duties of the chair. At the chair's request, the administrator of the BLC may represent the BLC to the public or before governmental bodies.

(e)

Staff. There shall be an administrator, designated by the PDD director, who shall have the responsibility of assisting the BLC in the implementation of its duties. The BLC administrator and staff shall not sit as officers or board members of local preservation related organizations. The BLC administrator and staff shall act in an impartial manner in all matters involving the BLC. Except with respect to being compensated by the city for carrying out their official duties, the BLC administrator and staff shall be prohibited from receiving any remuneration in connection with any matters which are filed with the BLC. Except with respect to their official duties, the BLC administrator and staff shall not participate in activities relating to matters filed with the BLC.

(f)

Meetings. The BLC shall meet at least once a month at a regularly scheduled time with advance notice given and an agenda available prior to the meeting. The chair may cancel a regularly scheduled meeting if there is no business or quorum to conduct the meeting. If a meeting is cancelled due to a lack of quorum, all matters on the agenda shall automatically carry over to the next regularly scheduled BLC meeting. Additional meetings may be called by the chair or upon the request of four (4) members of the BLC. All meetings of the BLC shall be open to the public. Applicants shall be given notice of the BLC's meetings and its decisions on their applications.

(g)

Attendance at meetings. Any member of the BLC who misses more than three (3) consecutive regular meetings or more than half the regular meetings in a calendar year shall lose status as a member of the BLC and shall be replaced. Absences due to sickness or an emergency shall be recognized as approved absences and shall not affect the member's status on the BLC except that, in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

(h)

Rules of procedure. The BLC shall adopt and make public rules for the transaction of its business. A quorum shall consist of four (4) members of the BLC. A majority of those BLC members present shall be required for approval and denial of applications for certificates of appropriateness.

(i)

Minutes and annual report. The BLC administrator shall prepare and keep on file, available for public inspection, minutes of its meetings and a written annual report to the mayor and the city council of its activities, cases, decisions, qualifications of members and other work. The minutes shall include the reasons for the decisions of the BLC.

(j)

Conflict of interest. BLC members shall comply with the state code of ethics and the city code of ethics, as applicable, to appointed officials. Any member who abstains from voting due to a conflict of interest shall not be considered as part of the total membership for that vote.

(Ord. No. 2014-15, § 3, 2-20-2014)

(a)

Powers and duties of the BLC. The BLC shall have the following responsibilities as authorized and empowered by the provisions of this chapter and the Florida Certified Local Government Guidelines published by Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation:

(1)

General responsibilities. The BLC shall have the responsibilities as authorized and empowered by the provisions of this chapter for the approval or disapproval of plans related to alterations, demolitions, relocations or new construction involving property located in the Ybor City Historic District.

(2)

Specific authority and powers. In addition to the powers and duties stated elsewhere, the BLC shall take action necessary and appropriate to accomplish the purposes of this article. These actions include:

a.

Approval or disapproval of applications for certificates of appropriateness, certificates of appropriateness for relocation or demolition, alterations of archaeological sites and variances as set out in section 27-96;

b.

Reporting violations of this chapter to the administrative official charged with enforcing this chapter;

c.

Conducting public hearings on applications for certificates of appropriateness under procedures established by this chapter;

d.

Reviewing and making recommendations to the city council, and the Hillsborough County Board of County Commissioners, on applications for ad valorem tax exemption for properties within the BLC's jurisdiction;

e.

Organizing itself and conducting its business in conjunction with procedures prescribed herein for conducting hearings, submission of plans and granting of permits;

f.

Exercising such other powers and performing such other duties as are required elsewhere by this chapter, this Code and state statutes;

g.

Reviewing government signs regarding the design, size, and scale of government signs. However, in no event can the BLC deny a certificate of appropriateness for a government sign which is necessary for the public health, safety, and welfare; and

h.

With regard to applications for rezonings, changes to land use classifications, vacating applications, special use-2 permits (except for alcoholic beverages) or comprehensive plan amendments, to review and recommend to the extent necessary to preserve the historical integrity and appearance of the locally designated landmark, landmark site, multiple property designation, historic conservation overlay district or historic district in accordance with the applicable design standards. The procedures for required public notice shall be governed by section 27-149 with supplemental notice provided pursuant to section 27-149(c)(2) (posted notice). Pursuant to subsection 27-149(c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator with the attachments reflecting those for posting of the property.

(3)

Other responsibilities. The certified local government program is a federal program established through an amendment to the National Historic Preservation Act, extending some aspects of federal and state responsibilities for historic preservation to qualified local governments. In the development of the certified local government program, the city council may ask the BLC to perform other responsibilities that may be delegated to the city under the National Historic Preservation Act.

(b)

Power and duties of the BLC administrator and staff.

(1)

Review and advise the applicant in the preparation of applications for certificates of appropriateness.

(2)

Review and advise the applicant in the preparation of applications for ad valorem tax exemption.

(3)

Review and make recommendations to the BLC on complete applications for certificates of appropriateness, demolitions, relocations and ad valorem tax exemptions.

(4)

Review and approve or disapprove applications for certificate of appropriateness for minor development projects pursuant to section 27-188.

(5)

Perform such other duties as are required elsewhere by this chapter, this Code and state statutes.

(6)

Prepare annual schedule for processing of applications and public hearings before the BLC.

(7)

Set and revise if necessary the BLC agenda for its meetings.

(Ord. No. 2014-15, § 3, 2-20-2014)

(a)

Authority. For any property subject to the BLC's jurisdiction, the BLC shall have the following variance powers:

(1)

Chapter 27, Article VI, Division 4, related to natural resources. Hear and authorize variances from the terms and requirements of Article VI, Division 4, as set forth therein. However, the BLC shall not waive or vary, in its entirety, any section of the division, and shall not have the authority to waive or vary any requirements of the technical manual adopted pursuant to section 27-284.1.1.

(2)

Chapter 27 signs. Hear and authorize variances from any sign-related provision of Chapter 27, excluding Lee Roy Selman Expressway signs. Variances are not permitted for prohibited signs.

(3)

Chapter 27 zoning and land development. Hear and authorize variances from the terms and requirements of Chapter 27, zoning, relative to:

(i)

All yard (setback) and fence requirements.

(ii)

The height of structures within the Ybor City Historic District.

(iii)

Such other matters as the BLC may be required to pass upon, decide or determine pursuant to Chapter 27.

Nothing in this section shall be construed to authorize the BLC to permit a use on any property where that use is neither a permitted use nor a special use.

(b)

Application. Applications for variances or tree removal permit approvals shall be filed with the BLC's staff administrator, and such applications shall be submitted on forms provided by the administrator. Applications for grand tree removal permit approvals shall not be set for hearing until the recommendation of the natural resources coordinator, or designee, is forwarded to the administrator, as provided in section 27-284.2.5. The administrative review fee for such applications shall be as prescribed by the city council by resolution. This fee shall not be eligible for any reduction through the grant program set forth in section 5-108.7.

Each application for a variance to the wetland setback requirements set forth in Chapter 27 shall be accompanied by a written recommendation from an authorized representative of the Hillsborough County Environmental Protection Commission or the natural resources coordinator, or designee.

(c)

Public notice. The procedures for required public notice shall be governed by section 27-149. Per subsection 27-149(c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator.

(d)

Criteria. In exercising its variance power the BLC shall only be authorized to grant variances in cases where the BLC expressly finds that the applicant has demonstrated practical difficulties or unnecessary hardships and that the request ensures the public health, safety and general welfare are protected. A hardship or practical difficulty shall be established if the variance request is required in order to be consistent with the design standards. When reviewing a variance application, the BLC shall base its decision on substantial competent evidence in the official record and shall consider the following criteria:

(1)

The alleged hardships or practical difficulties are unique and singular with respect to the property, or with respect to a structure or building thereon, and are not those suffered in common with other properties, structures, or buildings similarly located.

(2)

The hardship or practical difficulty does not result from the actions of the applicant. A self-created hardship or practical difficulty shall not justify a variance.

(3)

The variance, if granted, will not substantially interfere with or injure the health, safety, or welfare of others whose property would be affected by allowance of the variance.

(4)

The variance is in harmony with, and serves the general intent and purpose of, this chapter and the adopted Tampa Comprehensive Plan.

(5)

Allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships or practical difficulties that will be suffered due to a failure of the board to grant a variance.

(6)

The variance, if granted, will allow development that is consistent with the design standards and compatible with the historic pattern of development within the historic district, historic conservation overlay district, multiple property designation, or the locally designated landmark or landmark site in which the subject property is located.

(e)

Decision. The BLC may approve, deny, or approve with the imposition of reasonable conditions to ensure that the public health, safety and general welfare shall be protected and substantial justice done. Any violation of such conditions shall be a violation of this chapter.

Following the public hearing(s) and the BLC's decision on the application, staff shall forward written notice of the decision to the applicant. The appropriate department(s) shall issue any permit(s) in accordance with the BLC's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of a variance.

(f)

Stay. A variance application to the BLC stays all enforcement proceedings in furtherance of the Code section from which the variance is sought. However, a variance application shall not stay any proceeding(s) in furtherance of the Code section from which the variance is sought, if the appropriate department certifies either:

(1)

That, in the opinion of the department, a stay would cause imminent peril to life or property; or

(2)

That the situation that is the subject of the enforcement proceedings is transitory in nature and, therefore, a stay would seriously interfere with enforcement of this chapter.

In each instance, the appropriate department shall place in the certificate facts to support the conclusion.

(g)

Denial. Denial of a variance application shall preclude consideration of a request for the same variance on the same property, or any portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the BLC administrator shall consider a request to waive the 12-month period if, in the determination of the BLC administrator, the applicant demonstrates that the new variance request has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule.

(h)

Review. Any aggrieved person who participated in the decision being reviewed by timely submitting evidence or by otherwise providing sworn testimony during the hearing may apply for review of a variance decision of the BLC in accordance with section 27-61.

(i)

Expiration of variance. There shall automatically be a time limit of five (5) years, during which the variance must be utilized. The five-year period commences upon the BLC's written approval of the application for variance.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2017-152, § 2, 11-2-2017; Ord. No. 2019-54, § 18, 4-18-2019; Ord. No. 2020-166, § 13, 12-17-2020)

All applications for certificates of appropriateness should be forwarded to the historic preservation development review committee, and the review and process shall follow that established in section 27-70. Prior to being forwarded, the application must be consistent with other applicable sections of this chapter unless variances are being requested as part of the application.

(Ord. No. 2014-15, § 3, 2-20-2014)

(a)

Work requiring a certificate of appropriateness. A certificate of appropriateness from the BLC shall be required before a person may undertake the following work affecting property in the Ybor City Historic District:

(1)

a.

An exterior improvement or alteration, including color.

b.

An alteration of an archaeological site.

c.

New construction.

d.

Landscaping including the installation of or changes to a parking lot.

e.

Site improvements, including site lighting and retaining walls

f.

Any changes proposed by a governmental entity, public utility, or transportation company in the character of street patterns or paving, sidewalks, trees, utility installations, lighting, walls, fences, structures, objects, street signage and buildings on property, easements, or streets owned or franchised by a governmental entity, public utility, or transportation company.

(2)

Exceptions. Landscaping of single-family or two-family dwellings shall not require a certificate of appropriateness; trackage, including ties, ballast, drainage structures, signals, switches, communications lines, tie plates, rail anchors, spikes, fasteners or other rail materials, within a landmark site, multiple property designation, historic conservation overlay district, or in a historic district shall not require a certificate of appropriateness.

Certificates of appropriateness for demolition and relocation are processed as provided in section 27-186.

(b)

Application made to the BLC. When a person or entity wishes to undertake work requiring a certificate of appropriateness, that person or entity shall file an application for a certificate of appropriateness with the BLC's staff administrator on forms provided by the city. The administrative review fee for such applications shall be as prescribed by the city council by resolution. This fee may be eligible for reduction through the grant program set forth in section 5-108.7. A certificate of appropriateness must be obtained even when a building permit is not required for the proposed work. The city shall refer to the BLC any person applying for a permit for work that will also require a certificate of appropriateness. The applicant may request a decision on an entire project at a single meeting, or may ask for a two-step review. If the applicant requests a step process, the first step ("preliminary approval certificate of appropriateness") is to review the building envelope (the building's scale, massing and building form, setback, building height, orientation and site coverage, alignment, rhythm, and spacing, building form and proportions) and the concept of the basic exterior facade appearances, including identification of major materials. The second step is review of the remainder of the project. If the applicant requests the step process, approval or denial of each step shall be considered a final decision and separately subject to review pursuant to section 27-61.

(c)

Contents of an application and staff report. The application must be submitted in accordance with section 27-215(e)(2). Further, at least fourteen (14) days prior to the public hearing, all final exhibits and documents for the public hearing shall be submitted to the BLC office. At least seven (7) days prior to the public hearing, a written staff report regarding compliance with applicable criteria (including, but not limited to applicable design standards, applicable Code provisions and the Secretary of the Interior's Standards) shall be provided to the applicant or the applicant's authorized agent, and BLC members.

(d)

Public notice. The procedures for required public notice shall be governed by section 27-149. Pursuant to subsection 27-149(c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator.

(e)

Stay. The submittal of a complete application for a certificate of appropriateness application to the BLC stays all enforcement proceedings in furtherance of the Code. However, an application shall not stay any proceeding(s) if the appropriate department certifies either:

(1)

That, in the opinion of the department, a stay would cause imminent peril to life or property; or

(2)

That the situation is transitory in nature and, therefore, a stay would seriously interfere with enforcement of this chapter.

In each instance, the appropriate department shall place in the certificate facts to support the conclusion.

(f)

Action on an application. The BLC shall hold a public hearing on each complete application for a certificate of appropriateness requiring BLC approval. An application is considered "complete" when it has been submitted in accordance with section 27-215(e)(2).

(g)

Decision. The BLC shall approve or disapprove each application for a certificate of appropriateness, including in its decision its reasons applying the criteria contained in the applicable design standards, Secretary of the Interior's Standards, Chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances. Certificates of appropriateness approved by the BLC are deemed to be consistent with the contributing status, historic significance and integrity of the structure, site, district or designation. The BLC shall include findings of fact and reasons for its decision. The BLC may delegate approval of certain items to BLC staff, with BLC staff to grant a certificate of appropriateness for such items using the same standards that the BLC would use.

BLC staff shall forward written notice of the decision to the applicant.

The appropriate city department(s) shall issue any permit(s) in accordance with the BLC's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of the certificate of appropriateness. The BLC administrator shall forward to the HPC all certificates of appropriateness for new construction and additions over one hundred (100) square feet enabling the HPC to amend the official building inventory.

(h)

Denial. Denial of an application for a certificate of appropriateness shall preclude consideration of a request for a certificate of appropriateness on the same property, or portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the BLC administrator shall consider a request to waive the twelve-month period if, in the determination of the BLC administrator the applicant demonstrates that the new request for a certificate of appropriateness has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule.

(i)

Review. Any aggrieved person who participated in the decision being reviewed by timely submitting evidence or by otherwise providing sworn testimony during the hearing may apply for review of a variance decision of the BLC in accordance with section 27-373.

(j)

Approach taken by the BLC in reviewing an application. In making a decision on an application, the BLC shall be aware of the importance of finding a way to meet the current needs of the applicant. The BLC shall also recognize the importance of approving plans that will be reasonable for the applicant to implement.

(k)

Review criteria. In making a decision on an application which does not involve relocation or demolition, the BLC shall use the design standards, Secretary of the Interior's Standards, Chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances. The review of work supplements existing city ordinances and codes including, but not limited to the regulation of landscaping, tree planting, site clearing, parking, fences and signs. The BLC shall not have review authority over alterations to the interiors of a building or structure, but it shall study such plans as they relate to the exterior. The BLC shall consider:

(1)

The effect of the proposed work on the property upon which such work is to be done. In evaluating the effect, the BLC shall consider historical and architectural significance, architectural style, design, arrangement, texture, and materials.

(2)

The relationship between such work and other buildings, structures or objects on the landmark site or other property in the Ybor City Historic District. In evaluating the relationship, the BLC shall consider historical and architectural significance, architectural style, design, arrangement, texture, and materials.

(3)

Whether a rehabilitation relates properly to the original components of a building and the surrounding neighborhood.

(4)

The use of architectural traditions within the historic district as historic reference.

(5)

The following as to exterior form and appearance, when relevant:

a.

Exterior building materials.

b.

Proportion, shape, positioning, location, pattern, and sizes of any elements of fenestration.

c.

Surface textures.

d.

Expression of architectural detailing, such as lintels, cornices, brick bond, and foundation materials.

e.

Trees and other landscape elements.

f.

Appurtenant fixtures and other features, such as lighting.

g.

Color.

h.

Ground cover or paving.

i.

Walls and fencing: physical ingredients such as brick, stone, or wood walls, wrought iron fences, building facades, or combination of these.

j.

Building facades.

k.

Site elements.

(l)

Additional criteria on new construction, additions, or expansions. When the applicant wishes to undertake new construction on property in the Ybor City Historic District, the BLC shall consider the compatibility of the new construction with the existing character of the Ybor City Historic District. However, the BLC shall not dictate the architectural style of the new construction. Compatible design shall mean architectural design and construction that will fit harmoniously into the Ybor City Historic District, and is historically referenced within the Ybor City Historic District. New construction shall be compatible in scale, materials, and character of construction with adjacent contributing buildings and structures that have been designated. New construction must comply with this section even if this section requires development and/or construction that is more restrictive than applicable requirements found elsewhere in this Code.

Design standards for new construction and additions focus attention on those special visual and spatial qualities that the Ybor City Historic District is established to protect. Because architectural styles and details vary within a district, the standards emphasize the relationship among buildings in the block face, or historically referenced within the district if no other historically contributing structures exist within the block face.

The BLC shall include the following additional points in its consideration of an application for new construction, while applying the Secretary of the Interior's Standards, Chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances:

(1)

Scale: height and width;

(2)

Massing and building form;

(3)

Setback;

(4)

Building height;

(5)

Orientation and site coverage;

(6)

Alignment, rhythm, and spacing;

(7)

Building form and proportions;

(8)

Trim and detail; link between old and new;

(9)

Fenestration; and

(10)

Roof forms.

(m)

Applications required from the city, public utility and transportation companies. The city and all public utility and transportation companies shall be required to obtain a certificate of appropriateness prior to initiating any changes in the character of street patterns or paving, sidewalks, trees, utility installations, lighting, walls, fences, structures and buildings on property, easements or streets owned or franchised by the city, public utility or transportation company.

(n)

Requirement for other permits and approvals. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work. The BLC does not have any control over uses permitted within any designated historic property, and so the BLC does not approve proposed uses. The zoning administrator shall be the sole administrator of this Code as it pertains to the maximum requirements for permitted or permissible special uses, the schedule of area, height, bulk and placement regulations, the parking requirements and any other item not dealing specifically with the procedure and review criteria for obtaining a certificate of appropriateness. However, the allowable amount of area, height, bulk and placement, as the zoning administrator determines is allowed pursuant to the schedule, may be further reduced by the BLC to insure compliance with this section and the applicable design standards or Secretary of the Interior's Standards. This section, the applicable design standards and the Secretary of the Interior Standards may require development which is more restrictive than that allowed by any other section of the Zoning Code. As such, the BLC has the authority, through the certificate of appropriateness process, to require area, height, bulk, and placement at less than the maximum determined by the zoning administrator, including, but not limited to signage.

(o)

Applicants seeking federal rehabilitation tax incentives; resolution conflicts. For an applicant who has applied for a certificate of appropriateness and for federal rehabilitation tax incentives under Section 48(g) and related sections of the Internal Revenue Code, including successor provisions of the code, the terms of approval given by the National Park Service, as administrator of the tax incentives, shall prevail should there be a conflict regarding a specific aspect of the plans submitted to each of these two (2) agencies.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2017-152, § 3, 11-2-2017; Ord. No. 2020-166, § 14, 12-17-2020)

(a)

Application. When an applicant wishes to demolish or relocate a landmark, a building or structure on a landmark site, or a contributing building or structure located in the Ybor City Historic District, the applicant shall make an application for certificate of appropriateness to demolish or relocate with the BLC staff administrator on forms provided by the city. The administrative review fee for such applications shall be as prescribed by the city council by resolution. The fee associated with relocation may be eligible for reduction through the grant program set forth in section 5-108.7. The city shall refer all requests for demolition or relocation within the BLC's jurisdiction to the BLC. For noncontributing structures located in historic districts, a certificate of appropriateness must be approved by the BLC administrator pursuant to section 27-101.

(b)

Review of initial determination of historic significance. An applicant for a certificate of appropriateness to demolish or relocate may request a review of the initial determination of the historic significance of the landmark, landmark site or structure or building in the Ybor City Historic District, on forms provided by the administrator. The reevaluation of the determination of historic significance shall be made by the HPC, pursuant to section 27-261.

(c)

Contents of an application. The applicant shall provide scale drawings of the existing building, structure, or site, photographs of the existing building, structure or site and adjacent properties and information about the existing building, structure or site. An application for certificate of appropriateness to demolish or relocate shall not be considered complete until all required data have been submitted and the application has been accepted by the administrator. When such an application involves new construction, the applicant shall present conceptual plans for review and comment before the preparation of construction drawings, and otherwise comply with this chapter. Prior to the public hearing, the applicant shall supply a certificate from a registered structural engineer that the building cannot be moved and, if the building can be moved, proof of reasonable efforts, including advertisement in a newspaper of general circulation at least twice of the availability of the landmark, building or structure for relocation.

(d)

Public notice. The procedures for required public notice shall be governed by section 27-149. Per subsection 27-149(c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator.

(e)

Stay. The submittal of a complete application for certificate of appropriateness to demolish or relocate submitted for review by the BLC stays all enforcement proceedings in furtherance of the Code. However, an application shall not stay any proceeding(s) if the appropriate department certifies either:

(1)

That, in the opinion of the department, a stay would cause imminent peril to life or property; or

(2)

That the situation is transitory in nature and, therefore, a stay would seriously interfere with enforcement of this chapter. In each instance, the appropriate department shall place in the certificate facts to support the conclusion.

(f)

Action on an application. The BLC shall hold a public hearing on each complete application for certificate of appropriateness to demolish or relocate.

(1)

Burden of proof. The applicant shall prove through substantial, competent evidence, that the demolition or relocation is necessary, including in the evidence presented:

a.

Alternatives to demolition or relocation such as planned development districts;

b.

Whether the landmark or building or structure can be retained on the site;

c.

Whether relocating the landmark or building or structure is appropriate and feasible;

d.

Whether the applicant has the ability to build the proposed new construction within a reasonable period of time if the application is approved; and

e.

Whether the demolition or relocation is justified as an economic hardship.

(2)

Additional criteria on applications for certificates of appropriateness to relocate. When the applicant wishes to relocate a landmark, building or structure from or to a landmark site or move a building or structure from, within, or to the Ybor City Historic District, the BLC shall consider:

a.

The contribution the building or structure makes to its present setting;

b.

Whether the building or structure can be moved without significant damage to its physical integrity; and,

c.

The compatibility of the building or structure to its proposed site and adjacent properties.

These considerations shall be in addition to the points contained in subsection (1) of this subsection.

(3)

Economic hardship. On applications for certificate of appropriateness to demolish or relocate, the BLC shall consider the question of economic hardship for the applicant and shall determine whether the landmark or the property in the Ybor City Historic District can be put to reasonable beneficial use without the approval of the demolition application. For purposes of this section, economic hardship means the inability of the property to be put to reasonable beneficial use, and in the case of an income producing property the inability of the owner to obtain a reasonable investment backed expectation. In reviewing applications for certificate of appropriateness to demolish, the BLC shall consider substantial, competent evidence of the following, whether provided by the applicant or any person or entity:

a.

Estimate of the cost of the proposed demolition or relocation and an estimate of any additional costs that would be incurred to comply with recommendations of the BLC for changes necessary for the issuance of a certificate of appropriateness;

b.

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for relocation and/or rehabilitation;

c.

Estimated market value of the property, both in its current condition and after completion of the proposed demolition or relocation, to be presented through an appraisal by a qualified professional expert;

d.

An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property to the value of comparable properties within the district or relocation to another property within the district;

e.

Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

f.

If the property is income-producing, the annual gross income from the property for the previous two (2) years and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

g.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

h.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;

i.

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years;

j.

Assessed value of the property according to the two (2) most recent assessments and an assessment of the property after demolition or relocation;

k.

Real estate taxes for the previous two (2) years;

l.

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other method;

m.

Any other information which would assist in making a determination as to whether the property does yield or may yield a reasonable return to the owners, e.g., a pro forma financial analysis.

(4)

Self imposed economic hardship. In the event the BLC finds that:

a.

An applicant for the demolition of a landmark, building or structure located on a landmark site or contributing building or structure located in the Ybor City Historic District, or

b.

A property owner of such property,

Has compromised the architectural integrity of the building or structure by intentionally or willfully neglecting the property, the BLC shall deny the application for demolition.

(5)

Administrator's report. The administrator shall provide a written report evaluating the application and the landmark or building or structure, including a recommendation to the BLC, and provide a copy of the report to the BLC and the applicant at least seven (7) days before the hearing on the application. The administrator can obtain reports from independent experts concerning economic hardship.

(6)

Time for decision. The BLC shall make a decision on an application for certificate of appropriateness to demolish or relocate within sixty (60) days of the date of the initial public hearing on the application. The BLC shall extend the time for decision on such an application an additional sixty (60) days when necessary to provide adequate due process. If the BLC fails to decide on such an application within the specified time period, the application shall be deemed approved.

(g)

Decision. The BLC shall approve or disapprove each application for certificate of appropriateness to demolish or relocate including in its decision its reasons using the criteria contained in this section and in its design standards. Following the public hearing(s) and the BLC's decision on the application, staff shall forward written notice of the decision to the applicant.

The appropriate city department(s) shall issue any permit(s) in accordance with the BLC's action on the application and this section, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of a demolition or relocation request. The BLC administrator shall forward to the HPC all certificates of appropriateness for demolition or relocation enabling the HPC to amend the official building inventory.

(h)

Denial. Denial of an application for a certificate of appropriateness shall preclude consideration of a request for a certificate of appropriateness on the same property, or portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the BLC administrator shall consider a request to waive the twelve-month period if, in the determination of the BLC administrator, the applicant demonstrates that the new request for a certificate of appropriateness has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule.

(i)

Review. Any aggrieved person who participated in the decision being reviewed by timely submitting evidence or by otherwise providing sworn testimony during the hearing may apply for review of a certificate of appropriateness decision of the BLC in accordance with section 27-61.

(j)

Archival information and access required when demolition approved. In the event the BLC grants a certificate of appropriateness to demolish or relocate, the applicant or property owner must provide information and access to the property for the information enumerated below before the BLC administrator may approve issuance of the demolition permit. The property owner or applicant shall provide access to the property and the landmark, building, or structure to professional preservation, education, historical, cultural, archival, or archaeological organizations for an archaeological review of the property which review shall, to the extent available when applicable, be at that organization's expense. In addition, when the BLC grants a certificate of appropriateness to demolish, the property owner or applicant shall at the property owner's or applicant's expense provide to the administrator:

(1)

Schematic drawing delineating the footprint of the landmark, contributing building or contributing structure. The drawings shall include the building site and shall be drawn to scale;

(2)

Photographs of the exterior elevations of the landmark, contributing building or contributing structure;

(3)

A synopsis of the history and historical significance of the property and landmark, building or structure in its context; and

(4)

An inventory of salvageable interior and exterior materials, a plan for reuse of salvage or access for removal by a registered salvager of the salvageable materials, and proof of a published advertisement of available salvage materials where appropriate, with all salvage completed before demolition, or after with the clearable within one week of the demolition date.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2017-152, § 4, 11-2-2017; Ord. No. 2020-166, § 15, 12-17-2020)

(a)

Inspections and approvals by the BLC. Work performed pursuant to a certificate of appropriateness shall be started within five (5) years after the issuance of the certificate, and the work shall conform to the provisions of the certificate. The five-year period commences upon the BLC's written approval of the certificate of appropriateness.

(b)

Failure to comply or obtain certificate or approval. Failure to comply with a certificate of appropriateness or failure to obtain a certificate of appropriateness shall be a violation of this chapter, and is subject to the fines and penalties set forth in chapter 9, code enforcement board, or sections 1-6 and 1-6.1. Approval of the administrator of the BLC shall be required before the city issues a certificate of occupancy or before the final inspection is approved for work for which a certificate of appropriateness was issued.

(c)

Stop work orders during construction, relocation or demolition. In the event work is being performed without the required certificate of appropriateness, or work is being performed which is not in accordance with its certificate of appropriateness, the city shall issue a stop work order, and all work shall cease on the subject property. A stop work order shall be in addition to other penalties and remedies available to the city. No additional work shall be undertaken as long as such stop work order shall continue in effect. The city may apply for an injunction to enforce its stop work order.

(d)

Any person who negligently, intentionally, or willfully violates the provisions of this division, and the result of the action or negligence causes irreparable or irreversible damage to a contributing structure or building, shall be subject to a monetary penalty of fifteen thousand dollars ($15,000.00), in accordance with section 9-110(e) of the Code, in addition to other fines and penalties that may be imposed for the code violation.

(e)

A finding by the Code Enforcement Board (CEB) or Code Enforcement Special Magistrate (CESM) of an irreparable or irreversible violation shall preclude consideration of a certificate of appropriateness for new construction involving the same land or any portion thereof for a period of two (2) years from the date of the CEB or CESM finding. A subsequent structure or building erected on the same land or portion thereof shall be identical in architectural style and materials to the structure or building that was damaged.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2024-76, § 1, 7-18-2024)

(a)

The BLC administrator is authorized to approve certificates of appropriateness for minor development projects as follows:

(1)

Single-family and duplex structures:

a.

Installation of a fence or wall that does not require a variance from any applicable Code requirement and does not adversely impact original fabric that is able to be rehabilitated.

b.

Demolition of non-contributing structures that have been verified by the BLC administrator as being non-contributing within the last six (6) months.

c.

Repair or replacement of exterior roofing material, provided that the exterior roofing material is replaced using materials approved for the Ybor City Historic District, there is no change in the roof line, and the exterior roofing material is appropriate to the style of architecture.

d.

Exterior repairs using original materials or materials approved by the BLC as detailed in the adopted design standards for the historic district, historic conservation overlay district, multiple property designation, or, alternatively, in the Secretary of the Interior's Standards.

e.

Patio or other slab.

f.

Paving.

g.

Sheds of one hundred fifty (150) square feet or less.

h.

Small additions of one hundred fifty (150) square feet or less that are on side or read elevations and not adjacent to a street.

i.

Appurtenant fixtures, including lighting.

(2)

Commercial, multi-family and new construction structures.

a.

Installation of signs that do not require a variance from any applicable Code requirements.

b.

Installation of a fence or wall that does not require a variance from any applicable Code requirement.

c.

Demolition of non-contributing structures that have been verified by the BLC administrator as being non-contributing within the last six (6) months.

d.

Repair or replacement of an exterior roofing material, provided that the exterior roofing material is replaced using materials approved, there is no change in the roof line, and the exterior roofing material is appropriate to the style of the architecture.

e.

Exterior repairs using original materials or materials approved by the BLC as detailed in the adopted design standards for the historic district, historic conservation overlay district, multiple property designation, or alternatively, in the Secretary of the Interior's Standards.

f.

Patio or other slab.

g.

Paving.

h.

Renovation of storefront or office alterations.

i.

Location of street furniture.

j.

Landscaping.

k.

Sheds of one hundred fifty (150) square feet or less.

l.

Small additions of one hundred fifty (150) square feet or less that are on side or read elevations and not adjacent to a street.

m.

Mechanical equipment (a satellite dish, water heater, HVAC compressor, and generator).

n.

Appurtenant fixtures, including lighting.

o.

Applications concerning construction for handicapped access shall receive immediate review by the administrator in the most timely fashion possible. Where the application does not involve major renovation of the building or new construction, the review of construction for handicapped access shall be completed by the administrator in a maximum of seven (7) calendar days.

p.

Vendor markets.

(b)

Criteria. The BLC administrator, in reviewing applications for certificate of appropriateness under this section, shall ensure that the proposed minor development is compatible with the historic pattern of development and complies with applicable provisions in Chapter 27, the applicable design standards and, if applicable, the Secretary of the Interior's Standards.

(c)

Denial. In the event of a denial by the BLC administrator, a property owner, or the property owner's designated representative, may request a hearing before the BLC, in accordance with sections 27-97 and 27-98.

(d)

Report to BLC. On a monthly basis, the BLC administrator shall provide a report to the BLC identifying each application for certificate of appropriateness approved by staff.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2020-166, § 16, 12-17-2020)

(a)

Prevention of demolition by neglect. The owner and the tenant of a landmark, a landmark site or a property in a historic district, multiple property designation or conservation overlay district, shall keep in good repair: (1) all of the exterior portions of such structures; and (2) all interior portions thereof which, if not so maintained, may cause such structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair. The purpose of this section is to prevent a person from forcing the demolition of his structure by neglecting it and permitting damage to it by weather or vandalism, and to protect Tampa's historic resources by intervening when a historically designated structure is undergoing demolition by neglect. Demolition by neglect is defined as a situation in which a property owner, or others having legal possession, custody or control of a property, allow the condition of a contributing structure or structure designated as a landmark, to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure or its relevant architectural detail to a degree that the structure and its character may potentially be lost to current and future generations. No provision in this chapter shall be interpreted to require an owner or tenant to restore the structure to its original appearance.

(b)

Ways to improve the condition of the property. The BLC administrator shall request a meeting with the owner and the tenant when the landmark or contributing structure is in poor repair, and the BLC administrator shall discuss with them ways to improve the condition of the property. After this step the BLC administrator may request the PDD or applicable code enforcement department or official to take action to require correction of defects in any structure designated under this chapter so that such structure shall be preserved in accordance with the purposes of this chapter. In the event emergency conditions dangerous to life, health or property exist, as determined pursuant to subsection (e), the BLC administrator does not have to comply with the provisions of this subsection.

(c)

Ordinary maintenance and repairs. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a structure or the replacement of elements of a building or structure with pieces identical in appearance and provided that the work does not change the structure's exterior appearance which is visible to the public.

(d)

Control of demolition by neglect of contributing structures within local historic districts or those structures designated as local landmarks.

(1)

In order to promote the purposes of historic preservation, this subsection requires that owners of historic properties maintain their properties and not allow them to fall into disrepair. The requirements of this subsection are applicable only to contributing structures in local historic districts or those structures designated as local landmarks.

(2)

Conditions of neglect defined and prohibited. Owners or others having legal possession, custody or control of a contributing structure in a local historic district or a structure designated as a local landmark shall maintain or cause to be maintained the exterior and structural features of their properties and not allow conditions of neglect to occur on such properties. It is a violation to fail to remedy a condition of neglect as defined in this section.

Conditions of neglect include, but are not limited to, the following:

a.

Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.

b.

Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.

c.

Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.

d.

Deterioration or crumbling of exterior brick, plaster or mortar.

e.

Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

f.

Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

g.

Rotting, holes, and other forms of decay.

h.

Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.

i.

Deterioration that has a detrimental effect on the surrounding historic district.

j.

Deterioration that contributes to a hazardous or unsafe condition.

(3)

Undue economic hardship. A property owner who believes that application of this section creates an undue economic hardship may apply for a variance under the process contained in section 27-96, but applying the economic hardship criteria contained in section 27-103.

(e)

Emergency conditions. In any case where the PDD, in coordination with the applicable code enforcement department or official, determines that there are emergency conditions dangerous to life, health or property affecting a landmark, a landmark site or a property in a historic district, the department may order the remedying of these conditions without the approval of the BLC. The department shall promptly notify the administrator of the BLC of the action being taken. When the emergency conditions do not require demolition, the department shall make every effort to carry out the intent of this chapter and to use the design standards of the BLC when remedying the emergency conditions. Failure to comply with an order issued pursuant to this section, within the reasonable time set within the order for compliance, is a violation of this Code.

(f)

Other laws and regulations. The provisions of this section shall be in addition to all other provisions of the state and city laws and regulations requiring that buildings and structures be kept in good repair.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2017-43, § 1, 3-16-2017)

(a)

Adult uses, temporary help centers and blood donor centers are uses not permitted or permissible within the Original Ybor City Historic District. All adult uses, temporary help centers and blood donor centers legally established on the effective date of the ordinance from which this article was derived shall be terminated within three (3) years of such date and the premises used for uses permitted or permissible within the district.

(b)

Pursuant to section 27-177, Table 8-1, and subsection (a) above, adult uses, temporary help centers and blood donor centers are already prohibited in the Original Ybor City Historic District. Additionally, adult uses, temporary help centers and blood donor centers shall not be permitted within the boundaries of the Expanded Ybor City Historic District. If any adult uses, temporary help centers and blood donor centers were legally established and operating with all required permits and licenses within the boundaries of the Expanded Ybor City Historic District prior to the date of adoption of the ordinance which established the Expanded Ybor City Historic District, then such adult use, temporary help center or blood donor center shall be considered a nonconforming use and shall be governed by the terms, provisions and limitations set forth in section 27-297, nonconforming uses of major structures or structures and premises in combination.

(Ord. No. 2014-15, § 3, 2-20-2014)

(a)

Signs. The following requirements shall apply to awning, wall, marquee, and projecting signs in the Ybor City Historic District and shall be in addition to other sign regulations set forth in this Code. Where inconsistent with the regulations contained elsewhere in this Code, the provisions of this section shall apply and control in the Ybor City Historic District. Placement of any sign in the Ybor City Historic District is subject to the final approval by the Barrio Latino Commission and shall comply with the following specific criteria:

(1)

A minimum distance of fifteen (15) feet shall be required between signs. A minimum clearance of four (4) feet shall be maintained between signs on the same facade.

(2)

Each occupant of commercial space abutting public right-of-way is allowed one (1) sign only. The occupant name may be placed on both faces of the sign. The maximum dimensions for the sign are as follows: Four (4) feet long, eighteen (18) inches high and six (6) inches thick. The bottom of the sign shall be a minimum of seven (7) feet above the sidewalk.

(3)

Signs shall have no maximum projection into the right-of-way; however, no sign may project within two (2) feet, six (6) inches of that portion of the right-of-way intended for vehicular use.

(4)

Sign placement shall leave street corners free of obstructions to allow for safe traffic movement and placement of utilities.

(5)

If the right-of-way is needed by the city for any reason, the owner shall remove or relocate the sign at his expense within sixty (60) calendar days of the written notice by the city.

(6)

A hold harmless agreement in a form acceptable to the city must be signed by the owner and submitted to the city prior to issuance of sign permit.

(b)

Encroachments. Encroachments into the public right-of-way for awnings or architectural features may be authorized administratively through the commercial site plan review process; provided that any encroachment in the Ybor City Historic District is subject to the final approval by the Barrio Latino Commission, and the encroachments shall comply with the following specific criteria:

(1)

The bottom most portion of the encroachment shall be a minimum of seven (7) feet above grade. There is no maximum projection into the right-of-way; however, no encroachment may project within two (2) feet six (6) inches of that portion of the right-of-way intended for vehicular use.

(2)

Building columns or support poles are prohibited from projecting into the right-of-way.

(3)

Encroachments shall leave street corners free of obstruction to allow for safe traffic movement and proper placement of utilities.

(4)

Lighting underneath encroachments shall be provided and maintained by the property owner.

(5)

If the right-of-way is needed by the city for any reason, the owner shall remove or relocate the encroachment at his expense within sixty (60) calendar days of written notice by the city.

(6)

A hold harmless agreement in a form acceptable to the city must be signed by the owner and submitted to the city prior to the issuance of building permits.

(Ord. No. 2014-15, § 3, 2-20-2014; Ord. No. 2020-166, § 17, 12-17-2020)

(a)

The purpose of this article is to preserve, promote and improve the historic landmarks and districts of the city for the educational, cultural, economic and general welfare of the public; to protect and review changes to these landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this city, state and nation; to safeguard the heritage of this city by preserving and regulating its historic buildings, historic sites, archaeological sites, monuments, structures, neighborhoods and areas which reflect elements of the city's cultural, social, economic, political and architectural history; to preserve and enhance the environmental quality and safety of these landmarks and districts; to strengthen the city's economic base and to stimulate the tourist industry; to establish, stabilize and improve property values; to foster economic development and to manage growth.

(b)

The city council finds that the city has played an important role in the development of the state and that this history is shown today through archaeological sites and through buildings and areas representing the activities as a port, an industrial center and a resort and through sites, buildings and neighborhoods representing the persons who live and work or have lived and worked in the city during its first one hundred fifty (150) years. The council finds that the distinctive and significant character of the city can only be maintained by protecting and enhancing its historic, architectural, aesthetic and cultural heritage and by preventing unnecessary injury or destruction of its landmarks and historic districts which are community assets. The council finds that the federal and state governments have passed laws to protect and preserve landmarks and historic districts.

(c)

The city council finds that this article benefits all the residents of the city and all the owners of property and declares as a matter of public policy that the preservation protection and use of landmarks and historic districts are a public necessity because of their character and their value as visible reminders of the history and heritage of this city, state and nation. The council declares as a matter of public policy that this article is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people. The designation and preservation of landmarks and landmark sites wherever located and of buildings and structures within any historic district and the control of the erection, alteration, addition, repair, removal or demolition of new or existing buildings or structures, signs and any such facilities or appurtenances thereto to ensure perpetuation of its historic character is hereby designated to be a public purpose.

(d)

As a regulatory tool, this article will protect the character, architectural style and historic value of designated property from alterations that are incompatible with their preservation and from repairs and construction of inferior quality and appearance. These elements will be further enhanced by maintaining a high quality of design in infill construction and other new development in historic districts. One (1) of the purposes of this article is to provide the tools to encourage appropriate new development and appropriate growth in historic districts. In considering new construction, the Architectural Review Commission shall encourage design which is harmonious with the character of the designated historic districts and landmarks. The landmark and district regulations will require adherence to high standards of landscaping, control of signs and the maintenance of property in both public and private ownership. The intent of this article is to stabilize and strengthen designated landmarks and districts and to preserve these irreplaceable properties of historical significance for the benefit and enjoyment of future generations.

(e)

In the event of a conflict between the Historic District Design Guideline standards for the respective historic district in which the property is located and the provisions of this chapter, the more restrictive standards shall apply.

(Ord. No. 2024-16, § 2, 2-1-2024)

(a)

Creation. There is hereby established the Architectural Review Commission of the city, hereafter referred to as the ARC, which shall serve as the architectural review board for locally designated landmarks, landmark sites, multiple property designations, historic conservation overlay districts, and historic districts except for property that is subject to the jurisdiction of the Barrio Latino Commission.

(b)

Membership. The ARC shall be comprised of seven (7) members. Four (4) members of the ARC and one (1) alternate member shall be appointed by the Mayor, with the approval of the majority of City Council, and three (3) members and one (1) alternate member shall be appointed by the City Council. The members and alternate members shall have a demonstrated interest, competence, professional experience or knowledge in architecture, historic preservation, history, architectural history, planning, archaeology, development, real estate appraisals, real estate marketing, law or other related disciplines.

In appointing members, the Mayor and City Council shall include, to the extent such individuals are available in the community and willing to serve, two (2) registered architects, individuals with demonstrated experience in historic preservation, architecture, architectural history, archaeology, landscape architecture or urban design, building construction or real estate, and individuals who reside in each of the different local or national historic districts. The two (2) alternate members may be from any of the categories set forth above.

The members of the ARC shall not be entitled to compensation, pension, or other retirement benefits by virtue of serving on the ARC, but shall be entitled to receive their travel expenses and other actual ARC expenses, as approved by the PDD Director, while outside of the city which are incurred in the performance of their duties of office in an amount equal to and computed in the same manner as the amount allowed to officials of the City of Tampa for travel and subsistence while traveling on public business. Members of the ARC shall not sit as officers or board members of local historic preservation related organizations. If a member of the ARC has two (2) or more conflicts of interest, as defined in F.S. Ch. 112, within one (1) year, then such member's appointment shall be reviewed by the Mayor for a determination of whether the member's business or personal interests present frequent recurring conflicts of interest with his/her membership. Upon such finding by the Mayor, with the concurrence of City Council, the ARC member shall be removed and a replacement appointed. Except with respect to their official duties, members of the ARC shall not participate in activities relating to matters filed with the ARC. Members of the ARC shall be residents of the City of Tampa.

(c)

Tenure. All appointments shall be made for terms of three (3) years, including the alternate members. No member, including alternate members, shall serve more than two (2) consecutive terms on the ARC. Appointments to fill a vacancy shall be for the unexpired term of office, which term shall not count toward the two (2) consecutive term limit. Upon the expiration of a term, members may continue to serve until replaced by the appropriate appointing authority. Upon the expiration of a term and replacement by the appropriate appointing authority, a former member is not eligible to be re-appointed to the ARC unless a minimum of one (1) year has transpired.

(d)

Officers. The ARC shall each year elect members to serve as chair and vice-chair. The chair shall preside at meetings of the ARC and shall have the right to vote. The chair shall be the spokesman for the ARC in presenting its policy to the public. In the absence or disability of the chair, the vice-chair shall perform the duties of the chair. At the chair's request, the administrator of the ARC may represent the ARC to the public or before governmental bodies.

(e)

Staff. There shall be an administrator, who shall be designated by the PDD Director, who shall have the responsibility of assisting the ARC in the implementation of its duties. The ARC administrator and staff shall not sit as officers or board members of local preservation related organizations. The ARC administrator and staff shall act in an impartial manner in all matters involving the ARC. Except with respect to being compensated by the city for carrying out their official duties, the ARC administrator and staff shall be prohibited from receiving any remuneration in connection with any matters which are filed with the ARC. Except with respect to their official duties, the ARC administrator and staff shall not participate in activities relating to matters filed with the ARC.

(f)

Meetings. The ARC shall meet at least once a month at a regularly scheduled time with advance notice given and an agenda available prior to the meeting. The chair may cancel a regularly scheduled meeting if there is no business or quorum to conduct the meeting. If a meeting is cancelled due to a lack of quorum, all matters on the agenda shall automatically carry over to the next regularly scheduled ARC meeting. Additional meetings may be called by the chair or upon the request of four (4) members of the ARC. All meetings of the ARC shall be open to the public. Applicants shall be given notice of the ARC's meetings and its decisions on their applications.

(g)

Attendance at meetings. Any member of the ARC who misses more than three (3) consecutive regular meetings or more than half the regular meetings in a calendar year shall lose status as a member of the ARC and shall be replaced. Absences due to sickness or an emergency shall be recognized as approved absences and shall not affect the member's status on the ARC except that, in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

(h)

Rules of procedure. The ARC shall adopt and make public rules for the transaction of its business. A quorum shall consist of four (4) members of the ARC. A majority of those ARC members present shall be required for approval and denial of applications for certificates of appropriateness.

(i)

Minutes and annual report. The ARC administrator shall prepare and keep on file, available for public inspection, minutes of its meetings and a written annual report to the Mayor and the City Council of its activities, cases, decisions, qualifications of members and other work. The minutes shall include the reasons for the decisions of the ARC.

(j)

Conflict of interest. ARC members shall comply with the state code of ethics and the city code of ethics, as applicable, to appointed officials. Any member who abstains from voting due to a conflict of interest shall not be considered as part of the total membership for that vote.

(a)

Powers and duties of the ARC. The ARC shall have the following responsibilities as authorized and empowered by the provisions of this chapter and the Florida Certified Local Government Guidelines published by Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation:

(1)

General responsibilities. The ARC shall have the responsibilities as authorized and empowered by the provisions of this chapter for the approval or disapproval of plans related to alterations, demolitions, relocations or new construction involving locally designated landmarks, landmark sites, or property in a multiple property designation, historic conservation overlay district or historic district. The ARC shall not have jurisdiction over any property that is subject to the jurisdiction of the Barrio Latino Commission.

(2)

Specific authority and powers. In addition to the powers and duties stated elsewhere, the ARC shall take action necessary and appropriate to accomplish the purposes of this division. These actions include:

a.

Approval or disapproval of applications for certificates of appropriateness, certificates of appropriateness for relocation or demolition, alterations of archaeological sites and variances as set out in section 27-114;

b.

Approval or disapproval of applications for certificates of appropriateness for any changes proposed by the city, public utility or transportation company in the character of street patterns or paving, sidewalks, trees, utility installations, lighting, walls, fences, structures, objects, street signage and buildings on property, easements or streets owned or franchised by the city, public utility or transportation company;

c.

Reporting violations of this chapter to the administrative official charged with enforcing this chapter;

d.

Conducting public hearings on applications for certificates of appropriateness under procedures established by this chapter;

e.

Reviewing and making recommendations to the city council, and the Hillsborough County Board of County Commissioners, on applications for ad valorem tax exemption for properties within the ARC's jurisdiction;

f.

Organizing itself and conducting its business in conjunction with procedures prescribed herein for conducting hearings, submission of plans and granting of permits;

g.

Exercising such other powers and performing such other duties as are required elsewhere by this chapter, this code and state statutes;

h.

Reviewing and commenting on design standards;

i.

Reviewing government signs and making recommendations regarding the design, size, and scale of government signs. However, in no event can the ARC deny a certificate of appropriateness for a government sign which is necessary for the public health, safety, and welfare; and

j.

With regard to applications for rezoning, changes to land use classifications, or comprehensive plan amendments, to review and recommend reasonable land use changes to the extent necessary to preserve the historical integrity and appearance of the locally designated landmark, landmark site, multiple property designation, historic conservation overlay district or historic district in accordance with the applicable design standards.

(3)

Other responsibilities. The certified local government program is a federal program established through an amendment to the National Historic Preservation Act, extending some aspects of federal and state responsibilities for historic preservation to qualified local governments. In the development of the certified local government program, the city council may ask the ARC to perform other responsibilities that may be delegated to the city under the National Historic Preservation Act.

(b)

Power and duties of the ARC administrator and staff.

(1)

Review and advise the applicant in the preparation of applications for certificates of appropriateness.

(2)

Review and advise the applicant in the preparation of applications for ad valorem tax exemption.

(3)

Review and make recommendations to the ARC on complete applications for certificates of appropriateness, demolitions, relocations and ad valorem tax exemptions.

(4)

Review and approve or disapprove applications for certificate of appropriateness for minor development projects pursuant to section 27-118.

(5)

Perform such other duties as are required elsewhere by this chapter, this code and state statutes.

(6)

Prepare annual schedule for processing of applications and public hearings before the ARC.

(a)

Authority. In any historic district, historic conservation overlay district, or multiple property designation, or on any locally designated landmark, landmark site subject to the ARC's jurisdiction, the ARC shall have the following variance powers:

(1)

Chapter 27, Article VI, Division 4, related to natural resources. Hear and authorize variances from the terms and requirements of Article VI, Division 4, as set forth therein. However, the ARC shall not waive or vary, in its entirety, any section of the division, and shall not have the authority to waive or vary any requirements of the technical manual adopted pursuant to section 27-284.1.1.

(2)

Article VI, Division 6, Signs. Hear and authorize variances from any sign-related provision of Article VI, Division 6, excluding Lee Roy Selman Expressway signs. Variances are not permitted for prohibited signs.

(3)

Chapter 27, Zoning and Land Development. Hear and authorize variances from the terms and requirements of Chapter 27, Zoning and Land Development, relative to:

(i)

All yard (setback) and fence requirements.

(ii)

The height of structures within or relating to any locally designated landmark, landmark site, multiple property designation, historic conservation overlay district or historic district.

(iii)

Such other matters as the ARC may be required to pass upon, decide or determine pursuant to Chapter 27.

Nothing in this section shall be construed to authorize the ARC to permit a use on any property where that use is neither a permitted use nor a special use.

(b)

Application. Applications for variances or tree removal permit approvals shall be filed with the ARC's staff administrator, and such applications shall be submitted on forms provided by the administrator. Applications for grand tree removal permit approvals shall not be set for hearing until the recommendation of the natural resources coordinator, or designee, is forwarded to the administrator, as provided in section 27-284.2.5. The administrative review fee for such applications shall be as prescribed by the city council by resolution. This fee shall not be eligible for any reduction through the grant program set forth in section 5-108.7.

Each application for a variance to the wet land setback requirements set forth in section 27-286 shall be accompanied by a written recommendation from an authorized representative of the Hillsborough County Environmental Protection Commission or the natural resources coordinator, or designee.

(c)

Public notice. The procedures for required public notice shall be governed by section 27-149. Per section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the ARC staff administrator.

(d)

Criteria. In exercising its variance power the ARC shall only be authorized to grant variances in cases where the ARC expressly finds that the applicant has demonstrated practical difficulties or unnecessary hardships and that the request ensures the public health, safety and general welfare are protected. A hardship or practical difficulty may be established if the variance request is required in order to be consistent with the design standards. When reviewing a variance application, the ARC shall base its decision on substantial competent evidence in the official record and shall consider the following criteria:

(1)

The alleged hardships or practical difficulties are unique and singular with respect to the property, or with respect to a structure or building thereon, and are not those suffered in common with other properties, structures, or buildings similarly located.

(2)

The hardship or practical difficulty does not result from the actions of the applicant. A self-created hardship or practical difficulty shall not justify a variance.

(3)

The variance, if granted, will not substantially interfere with or injure the health, safety, or welfare of others whose property would be affected by allowance of the variance.

(4)

The variance is in harmony with, and serves the general intent and purpose of, this chapter and the adopted Tampa Comprehensive Plan.

(5)

Allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships or practical difficulties that will be suffered due to a failure of the board to grant a variance.

(6)

The variance, if granted, will allow development that is consistent with the design standards and compatible with the historic pattern of development within the historic district, historic conservation overlay district, multiple property designation, or the locally designated landmark or landmark site in which the subject property is located.

(e)

Decision. The ARC may approve, deny, or approve with the imposition of reasonable conditions to ensure that the public health, safety and general welfare shall be protected and substantial justice done. Any violation of such conditions shall be a violation of this chapter.

Following the public hearing(s) and the ARC's decision on the application, staff shall forward written notice of the decision to the applicant. The appropriate department(s) shall issue any permit(s) in accordance with the ARC's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of a variance.

(f)

Stay. A variance application to the ARC stays all enforcement proceedings in furtherance of the code section from which the variance is sought; provided, however, that a variance application shall not stay any proceeding(s) in furtherance of the code section from which the variance is sought, if the appropriate department certifies either:

(1)

That, in the opinion of the department, a stay would cause imminent peril to life or property; or

(2)

That the situation appealed from is transitory in nature and, therefore, an appeal would seriously interfere with enforcement of this chapter. In each instance, the appropriate department shall place in the certificate facts to support the conclusion.

(g)

Denial. Denial of a variance application shall preclude consideration of a request for the same variance on the same property, or any portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the ARC administrator shall consider a request to waive the twelve-month period if, in the determination of the ARC administrator the applicant demonstrates that the new variance request has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule.

(h)

Review. Any aggrieved person who participated in a public hearing on an application for variance, may seek review of a variance decision of the ARC in accordance with section 27-61(b)(2), (d) through (i), and (j)(2).

(i)

Expiration of variance. There shall automatically be a time limit of five (5) years, during which the variance must be utilized. The five-year period commences upon the ARC's written approval of the application for variance.

(Ord. No. 2017-152, § 5, 11-2-2017; Ord. No. 2019-54, § 19, 4-18-2019; Ord. No. 2020-166, § 18, 12-17-2020)

(a)

Work requiring a certificate of appropriateness. A certificate of appropriateness from the ARC shall be required before a person may undertake the following work affecting a locally designated landmark, a landmark site or a property in a multiple property designation, historic conservation overlay district or historic district:

(1)

a.

An exterior improvement or alteration that is visible to the public;

b.

An alteration of an archaeological site;

c.

New construction;

d.

Landscaping for development and redevelopment of properties which include the installation of or changes to a parking lot;

(2)

Exceptions. Landscaping of single-family or two-family dwellings shall not require a certificate of appropriateness; trackage, including ties, ballast, drainage structures, signals, switches, communications lines, tie plates, rail anchors, spikes, fasteners or other rail materials, within a landmark site, multiple property designation, historic conservation overlay district, or in historic district shall not require a certificate of appropriateness.

Certificates of appropriateness for demolition and relocation are handled as provided in section 27-116.

(b)

Application made to the ARC. When a person or entity wishes to undertake work requiring a certificate of appropriateness, that person or entity shall file an application for a certificate of appropriateness with the ARC's staff administrator on forms provided by the city. The administrative review fee for such applications shall be as prescribed by the city council by resolution. This fee may be eligible for reduction through the grant program set forth in section 5-108.7. A certificate of appropriateness must be obtained even when a building permit is not required for the proposed work. The city shall refer to the ARC any person applying for a permit for work that will also require a certificate of appropriateness.

(c)

Contents of an application and staff report. The application must be submitted in accordance with section 27-70(d)(2). Further, at least fourteen (14) days prior to the public hearing, all final exhibits and documents for the public hearing shall be submitted to the ARC office. At least seven (7) days prior to the public hearing, a written staff report regarding compliance with applicable criteria (including, but not limited to applicable design standards, applicable code provisions and the Secretary of the Interior's Standards) shall be provided to the applicant or the applicant's authorized agent, and ARC members.

(d)

Public notice. Notice of public hearing of certificate of appropriateness cases before the ARC shall be governed by section 27-149. Per section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the ARC staff administrator.

(e)

Stay. The submittal of a complete application for a certificate of appropriateness application to the ARC stays all enforcement proceedings in furtherance of the Code. However, that an application shall not stay any proceeding(s) if the appropriate department certifies either:

(1)

That, in the opinion of the department, a stay would cause imminent peril to life or property; or

(2)

That the situation appealed from is transitory in nature and, therefore, an appeal would seriously interfere with enforcement of this chapter.

In each instance, the appropriate department shall place in the certificate facts to support the conclusion.

(f)

Action on an application. The ARC shall hold a public hearing on each complete application for a certificate of appropriateness requiring ARC approval. An application is considered "complete" when it has been submitted in accordance with section 27-70(d)(2).

(g)

Decision. The ARC shall approve or disapprove each application for a certificate of appropriateness, including in its decision its reasons using the criteria contained in the applicable design standards, Secretary of the Interior's Standards, Chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances. Certificates of appropriateness approved by the ARC are deemed to be consistent with the contributing status, historic significance and integrity of the structure, site and district or designation. The ARC shall include findings of fact and reasons for its decision.

ARC staff shall forward written notice of the decision to the applicant.

The appropriate city department(s) shall issue any permit(s) in accordance with the ARC's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of the certificate of appropriateness. The ARC administrator shall forward to the HPC all certificates of appropriateness for new construction and additions over one hundred (100) square feet enabling the HPC to amend the official building inventory.

(h)

Denial. Denial of an application for a certificate of appropriateness shall preclude consideration of a request for a certificate of appropriateness on the same property, or portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the ARC administrator shall consider a request to waive the twelve-month period if, in the determination of the ARC administrator the applicant demonstrates that the new request for a certificate of appropriateness has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule.

(i)

Petition for review of the decision on a certificate of appropriateness. Any aggrieved person, any registered preservation group, or any registered neighborhood group, who participated in a public hearing on an application for certificate of appropriateness, may petition for review of the ARC's decision in accordance with section 27-61.

(j)

Approach taken by the ARC in reviewing an application. In making a decision on an application, the ARC shall be aware of the importance of finding a way to meet the current needs of the applicant. The ARC shall also recognize the importance of approving plans that will be reasonable for the applicant to implement that decision.

(k)

Review criteria. In making a decision on an application which does not involve relocation or demolition, the ARC shall use the design standards, Secretary of the Interior's Standards, Chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances. The ARC shall consider:

(1)

The effect of the proposed work on the property upon which such work is to be done.

(2)

The relationship between such work and other buildings, structures or objects on the landmark site or other property in the historic district, multiple property designation, or historic conservation overlay district. In evaluating the effect and the relationship, the ARC shall consider historical and architectural significance, architectural style, design, arrangement, texture, and materials.

(3)

The ARC shall not have review authority over alterations to the interiors of a building or structure, but it shall study such plans as they relate to the exterior. The ARC shall not have review authority over paint colors used on the exterior of designated buildings.

(4)

The design standards for work involving locally designated landmarks, landmark sites, multiple property designations, historic conservation overlay districts and historic districts in the city shall include the Secretary of the Interior's Standards.

(5)

The review of work involving locally designated landmarks, landmark sites, multiple property designations, historic conservation overlay districts and historic districts supplements existing city ordinances and codes including but not limited to the regulation of landscaping, tree planting, site clearing, parking, fences and signs. Decisions by the ARC shall be coordinated with actions by other city offices.

(6)

A rehabilitation should relate properly to the original components of a building and the surrounding neighborhood. It is important to maintain existing grand trees and landscaping in a rehabilitation within a historic district, multiple property designation or historic conservation overlay district, or on a landmark site.

(7)

Design standards for new construction and additions focus attention on those special visual and spatial qualities that a historic district, multiple property designation or historic conservation overlay district, and landmark and landmark site are established to protect. Since architectural styles and details vary within a district, the standards emphasize the relationship among buildings in the immediate setting.

(l)

Additional criteria on new construction. When the applicant wishes to undertake new construction within a historic district, multiple property designation or historic conservation overlay district, or on a landmark site, the ARC shall consider the compatibility of the new construction with the existing character of the district, multiple property designation, or the landmark. However, the ARC shall not dictate the architectural style of the new construction. Compatible design shall mean architectural design and construction that will fit harmoniously into the district, multiple property designation, or the landmark site. New construction shall be compatible in scale, materials and quality of construction with adjacent buildings and structures that have been designated. New construction must comply with this section even if this section requires development and/or construction that is more restrictive than applicable requirements found elsewhere in this Code.

The ARC shall include the following points in its consideration of an application for new construction:

(1)

Scale: height and width;

(2)

Massing and building form;

(3)

Setback;

(4)

Orientation and site coverage;

(5)

Alignment, rhythm and spacing;

(6)

Maintaining materials within the historic district, multiple property designation or historic conservation district, or on the landmark site;

(7)

Trim and detail; Link between old and new;

(8)

Facade proportions and window patterns;

(9)

Entrances and porch projections;

(10)

Roof forms; and,

(11)

Maintaining quality of design and construction within the historic district, multiple property designation or historic conservation district, or on the landmark site.

These considerations shall be in addition to the points contained in subsection (k).

(m)

Applications required from the city, public utility and transportation companies.

The city and all public utility and transportation companies shall be required to obtain a certificate of appropriateness prior to initiating any changes in the character of street patterns or paving, sidewalks, trees, utility installations, lighting, walls, fences, structures and buildings on property, easements or streets owned or franchised by the city, public utility or transportation company.

(n)

Requirement for other permits and approvals. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work. The ARC does not have any control over uses permitted within any designated historic property, and so the ARC does not approve proposed uses. The zoning administrator shall be the sole administrator of this Code as it pertains to landmark, landmark sites, multiple property designation, historic conservation overlay districts, and historic district boundaries, the requirements for permitted or permissible special uses, the schedule of area, height, bulk and placement regulations, the parking requirements and any other item not dealing specifically with the procedure and review criteria for obtaining a certificate of appropriateness.

(o)

Applicants seeking federal rehabilitation tax incentives; resolution conflicts. For an applicant who has applied for a certificate of appropriateness and for federal rehabilitation tax incentives under Section 48(g) and related sections of the Internal Revenue Code, including successor provisions of the Code, the terms of approval given by the National Park Service, as administrator of the tax incentives, shall prevail should there be a conflict regarding a specific aspect of the plans submitted to each of these two (2) agencies.

(Ord. No. 2017-152, § 6, 11-2-2017; Ord. No. 2020-166, § 19, 12-17-2020)

(a)

Application. When an applicant wishes to demolish or relocate a landmark, a building or structure on a landmark site, or a contributing building or structure located in a historic district, multiple property designation or historic conservation overlay district, the applicant shall make an application for certificate of appropriateness to demolish or relocate with the ARC staff administrator on forms provided by the city. The administrative review fee for such applications shall be as prescribed by the city council by resolution. The fee associated with relocation may be eligible for reduction through the grant program set forth in section 5-108.7. The city shall refer all requests for demolition or relocation within the ARC's jurisdiction to the ARC. For noncontributing structures located in historic districts, a certificate of appropriateness must be approved by the ARC administrator pursuant to section 27-118.

(b)

Review of initial determination of historic significance. An applicant for a certificate of appropriateness to demolish or relocate may request a review of the initial determination of the historic significance of the landmark, landmark site or structure or building in a historic district, multiple property designation or historic conservation overlay district, on forms provided by the administrator. The reevaluation of the determination of historic significance shall be made by the HPC, pursuant to section 27-261.

(c)

Contents of an application. The applicant shall provide scale drawings of the existing building, structure, or site, photographs of the existing building, structure or site and adjacent properties and information about the existing building, structure or site. An application for certificate of appropriateness to demolish or relocate shall not be considered complete until all required data have been submitted and the application has been accepted by the administrator. When such an application involves new construction, the applicant shall present conceptual plans for review and comment before the preparation of construction drawings, and otherwise comply with this chapter. Prior to the public hearing, the applicant shall supply a certificate from a registered structural engineer that the building cannot be moved and, if the building can be moved, proof of reasonable efforts, including advertisement in a newspaper of general circulation at least twice of the availability of the landmark, building or structure for relocation.

(d)

Public notice. Notice of public hearing on an application for certificate of appropriateness to demolish or relocate before the ARC shall be governed by section 27-149. Per section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the ARC staff administrator.

(e)

Stay. The submittal of a complete application for certificate of appropriateness to demolish or relocate submitted for review by the ARC stays all enforcement proceedings in furtherance of the Code. However, an application shall not stay any proceeding(s) if the appropriate department certifies either:

(1)

That, in the opinion of the department, a stay would cause imminent peril to life or property; or

(2)

That the situation appealed from is transitory in nature and, therefore, an appeal would seriously interfere with enforcement of this chapter. In each instance, the appropriate department shall place in the certificate facts to support the conclusion.

(f)

Action on an application. The ARC shall hold a public hearing on each complete application for certificate of appropriateness to demolish or relocate.

(1)

Burden of proof. The applicant shall prove through substantial, competent evidence, that the demolition or relocation is necessary, including in the evidence presented:

a.

Alternatives to demolition or relocation such as planned development districts;

b.

Whether the landmark or building or structure can be retained on the site;

c.

Whether relocating the landmark or building or structure is appropriate and feasible;

d.

Whether the applicant has the ability to build the proposed new construction within a reasonable period of time if the application is approved; and

e.

Whether the demolition is justified as an economic hardship.

(2)

Additional criteria on applications for certificates of appropriateness to relocate. When the applicant wishes to relocate a landmark, a building or structure from or to a landmark site or move a building or structure from, within, or to a historic district, multiple property designation or historic conservation overlay district, the ARC shall consider:

a.

The contribution the building or structure makes to its present setting;

b.

Whether there are definite plans for the site to be vacated;

c.

Whether the building or structure can be moved without significant damage to its physical integrity; and,

d.

The compatibility of the building or structure to its proposed site and adjacent properties.

These considerations shall be in addition to the points contained in subsection (1) of this subsection.

(3)

Economic hardship. On applications for certificate of appropriateness to demolish, the ARC shall consider the question of economic hardship for the applicant and shall determine whether the landmark or the property in the historic district, multiple property designation, or historic conservation overlay district can be put to reasonable beneficial use without the approval of the demolition application. For purposes of this section, economic hardship means the inability of the property to be put to reasonable beneficial use, and in the case of an income producing property the inability of the owner to obtain a reasonable investment backed expectation. In reviewing applications for certificate of appropriateness to demolish, the ARC shall consider substantial, competent evidence of the following, whether provided by the applicant or any person or entity:

a.

Estimate of the cost of the proposed demolition or relocation and an estimate of any additional costs that would be incurred to comply with recommendations of the ARC for changes necessary for the issuance of a certificate of appropriateness;

b.

A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the structure and its suitability for relocation and/or rehabilitation;

c.

Estimated market value of the property, both in its current condition and after completion of the proposed demolition or relocation, to be presented through an appraisal by a qualified professional expert;

d.

An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property or relocation to another property;

e.

Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

f.

If the property is income-producing, the annual gross income from the property for the previous two (2) years and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

g.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

h.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property;

i.

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years;

j.

Assessed value of the property according to the two (2) most recent assessments and an assessment of the property after demolition or relocation;

k.

Real estate taxes for the previous two (2) years;

l.

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other method;

m.

Any other information which would assist in making a determination as to whether the property does yield or may yield a reasonable return to the owners, e.g., a pro forma financial analysis.

The ARC shall also consider evidence presented from any person or entity on a through m.

(4)

Administrator's report. The administrator shall provide a written report evaluating the application and the landmark or building or structure, including a recommendation to the ARC, and provide a copy of the report to the ARC and the applicant at least seven (7) days before the hearing on the application. The administrator can obtain reports from independent experts concerning economic hardship.

(5)

Time for decision. The ARC shall make a decision on an application for certificate of appropriateness to demolish or relocate within sixty (60) days of the date of the initial public hearing on the application. The ARC may extend the time for decision on such an application and additional sixty (60) days when necessary to provide adequate due process. If the ARC fails to decide on such an application within the specified time period, the application shall be deemed approved.

(g)

Decision. The ARC shall approve or disapprove each application for certificate of appropriateness to demolish or relocate including in its decision its reasons using the criteria contained in this section and in its design standards. Following the public hearing(s) and the ARC's decision on the application, staff shall forward written notice of the decision to the applicant.

The appropriate city department(s) shall issue any permit(s) in accordance with the ARC's action on the application and this section, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of a demolition or relocation request. The ARC administrator shall forward to the HPC all certificates of appropriateness for demolition or relocation enabling the HPC to amend the official building inventory.

(h)

Demolition by neglect. In the event the ARC finds that an (1) applicant for the demolition of a landmark, building or structure located on a landmark site or contributing building or structure located in a historic district or (2) a property owner of such property has compromised the architectural integrity of the building or structure by intentionally or willfully neglecting the property, the ARC may deny the application for demolition.

(i)

Denial. Denial of an application for a certificate of appropriateness shall preclude consideration of a request for a certificate of appropriateness on the same property, or portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the ARC administrator shall consider a request to waive the twelve-month period if, in the determination of the ARC administrator the applicant demonstrates that the new request for a certificate of appropriateness has adequately addressed the grounds for denial identified during the public hearing.

Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule.

(j)

Review of decision on an application for certificate of appropriateness to demolish or relocate. Any aggrieved person, any registered preservation group, or any registered neighborhood group, who participated in a public hearing on an application for certificate of appropriateness to demolish or relocate, may petition for review of the ARC's decision in accordance with section 27-61.

(k)

Archival information and access required when demolition approved. In the event the ARC grants a certificate of appropriateness to demolish or relocate, the applicant or property owner must provide information and access to the property for the information enumerated below according to the schedule set forth in the guideline for each historic district before the administrator may approve issuance of the demolition permit. The property owner or applicant shall provide access to the property and the landmark, building or structure to registered preservation, education, historical, cultural, archival or archaeological organizations for an archaeological review of the property which review shall, to the extent available when applicable, be at that organization's expense. In addition, when the ARC grants a certificate of appropriateness to demolish, the property owner or applicant shall at the property owner's or applicant's expense provide to the administrator:

(1)

Schematic drawing delineating the footprint of the landmark, contributing building or contributing structure. The drawings shall include the building site and shall be drawn to scale;

(2)

Photographs of the exterior elevations of the landmark, contributing building or contributing structure;

(3)

A synopsis of the history and historical significance of the property and landmark, building or structure in its context; and

(4)

An inventory of salvageable interior and exterior materials, a plan for reuse of salvage or access for removal by a registered salvager of the salvageable materials, and proof of a published advertisement of available salvage materials where appropriate, with all salvage completed before demolition, or after with the clearable within one (1) week of the demolition date.

(Ord. No. 2017-152, § 7, 11-2-2017; Ord. No. 2020-166, § 20, 12-17-2020)

(a)

Inspections and approvals by the ARC. Work performed pursuant to a certificate of appropriateness shall be started within five (5) years after the approval of the certificate of appropriateness, and the work shall conform to the provisions of the certificate. The five-year period commences upon the ARC's written approval of the certificate of appropriateness.

(b)

Failure to comply or obtain certificate or approval. Failure to comply with a certificate of appropriateness or failure to obtain a certificate of appropriateness shall be a violation of this chapter, and is subject to the fines and penalties set forth in Chapter 9, Code Enforcement, or section 1-6 and 1-6.1. Approval of the administrator of the ARC shall be required before the city issues a certificate of occupancy or before the final inspection is approved for work for which a certificate of appropriateness was issued.

(c)

Stop work orders during construction, relocation or demolition. In the event work is being performed without the required certificate of appropriateness, or work is being performed which is not in accordance with its certificate of appropriateness, the city shall issue a stop work order, and all work shall cease on the subject property. A stop work order shall be in addition to other penalties and remedies available to the city. No additional work shall be undertaken as long as such stop work order shall continue in effect. The city may apply for an injunction to enforce its stop work order.

(d)

Any person who negligently, intentionally, or willfully violates the provisions of this division, and the result of the action or negligence causes irreparable or irreversible damage to a contributing structure or building, shall be subject to a monetary penalty of fifteen thousand dollars ($15,000.00), in accordance with section 9-110(e) of the Code, in addition to other fines and penalties that may be imposed for the code violation.

(e)

A finding by the Code Enforcement Board (CEB) or Code Enforcement Special Magistrate (CESM) of an irreparable or irreversible violation shall preclude consideration of a certificate of appropriateness for new construction involving the same land or any portion thereof for a period of two (2) years from the date of the CEB or CESM finding. A subsequent structure or building erected on the same land or portion thereof shall be identical in architectural style and materials to the structure or building that was damaged.

(Ord. No. 2024-76, § 2, 7-18-2024)

(a)

The ARC administrator is authorized to approve certificates of appropriateness for minor development projects as follows:

(1)

Single-family and duplex structures:

a.

Installation of a wood fence that does not require a variance from any applicable code requirement and does not adversely impact original fabric that is able to be rehabilitated.

b.

Demolition of non-contributing structures that have been verified by the ARC administrator as being non-contributing within the last six (6) months.

c.

Repair or replacement of exterior roofing material, provided that the exterior roofing material is replaced using materials approved for the specific district in which the property is located, there is no change in the roof line, and the exterior roofing material is appropriate to the style of architecture.

d.

Exterior repairs using original materials or materials approved by the ARC as detailed in the adopted design standards for the historic district, historic conservation overlay district, multiple property designation, or, alternatively, in the Secretary of the Interior's Standards.

e.

Patio or other slab.

f.

Paving.

(2)

Commercial, multi-family and new construction structures:

a.

Installation of signs that do not require a variance from any applicable code requirements.

b.

Installation of a wood fence that does not require a variance from any applicable code requirement and does not adversely impact original fabric that is able to be rehabilitated.

c.

Demolition of non-contributing structures that have been verified by the ARC administrator as being non-contributing within the last six (6) months.

d.

Repair or replacement of a exterior roofing material, provided that the exterior roofing material is replaced using materials approved for the specific district in which the property is located, there is no change in the roof line, and the exterior roofing material is appropriate to the style of the architecture.

e.

Exterior repairs using original materials or materials approved by the ARC as detailed in the adopted design standards for the historic district, historic conservation overlay district, multiple property designation, or alternatively, in the Secretary of the Interior's Standards.

f.

Patio or other slab.

g.

Paving.

h.

Remodeling of storefront or office alterations.

i.

Location of street furniture.

j.

Landscaping.

k.

Applications concerning construction for handicapped access shall receive immediate review by the administrator in the most timely fashion possible. Where the application does not involve major renovation of the building or new construction, the review of construction for handicapped access shall be completed by the administrator in a maximum of seven (7) calendar days.

(b)

Criteria. The ARC administrator, in reviewing applications for certificate of appropriateness under this section, shall ensure that the proposed minor development is compatible with the historic pattern of development and complies with applicable provisions in Chapter 27, the applicable design standards and, if applicable, the Secretary of the Interior's Standards.

(c)

Appeal. A property owner, or the property owner's designated representative, may appeal a written order, requirement, decision or determination of the ARC administrator or staff by filing a written petition within seven (7) days of the date of the ARC administrator's or staff's written order, requirement, decision or determination. The appeal shall be filed, noticed and conducted in accordance with section 27-61(a).

(d)

Report to ARC. On a monthly basis, the ARC administrator shall provide a report to the ARC identifying each application for certificate of appropriateness approved by staff.

(Ord. No. 2020-166, § 21, 12-17-2020)

(a)

Prevention of demolition by neglect. The owner and the tenant of a landmark, a landmark site or a property in a historic district, multiple property designation or conservation overlay district, shall keep in good repair: (1) all of the exterior portions of such structures; and (2) all interior portions thereof which, if not so maintained, may cause such structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair. The purpose of this section is to prevent a person from forcing the demolition of his structure by neglecting it and permitting damage to it by weather or vandalism, and to protect Tampa's historic resources by intervening when a historically designated structure is undergoing demolition by neglect. Demolition by neglect is defined as a situation in which a property owner, or others having legal possession, custody or control of a property, allow the condition of a contributing structure or structure designated as a landmark, to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure or its relevant architectural detail to a degree that the structure and its character may potentially be lost to current and future generations. No provision in this chapter shall be interpreted to require an owner or tenant to restore the structure to its original appearance.

(b)

Ways to improve the condition of the property. The ARC administrator shall request a meeting with the owner and the tenant when the landmark or contributing structure is in poor repair, and the ARC administrator shall discuss with them ways to improve the condition of the property. After this step the ARC administrator may request PDD or applicable code enforcement department or official to take action to require correction of defects in any structure designated under this chapter so that such structure shall be preserved in accordance with the purposes of this chapter. In the event emergency conditions dangerous to life, health or property exist, as determined pursuant to subsection (e), the ARC administrator does not have to comply with the provisions of this subsection.

(c)

Ordinary maintenance and repairs. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a structure or the replacement of elements of a building or structure with pieces identical in appearance and provided that the work does not change the structure's exterior appearance which is visible to the public.

(d)

Control of demolition by neglect of contributing structures within local historic districts or those structures designated as local landmarks.

(1)

In order to promote the purposes of historic preservation, this subsection requires that owners of historic properties maintain their properties and not allow them to fall into disrepair. The requirements of this subsection are applicable only to contributing structures in local historic districts or those structures designated as local landmarks.

(2)

Conditions of neglect defined and prohibited. Owners or others having legal possession, custody or control of a contributing structure in a local historic district or a structure designated as a local land mark shall maintain or cause to be maintained the exterior and structural features of their properties and not allow conditions of neglect to occur on such properties. It is a violation to fail to remedy a condition of neglect as defined in this section.

Conditions of neglect include, but are not limited to, the following:

a.

Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.

b.

Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.

c.

Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.

d.

Deterioration or crumbling of exterior brick, plaster or mortar.

e.

Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

f.

Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of point or other protective covering.

g.

Rotting, holes, and other forms of decay.

h.

Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.

i.

Deterioration that has a detrimental effect on the surrounding historic district.

j.

Deterioration that contributes to a hazardous or unsafe condition.

(3)

Undue economic hardship. A property owner who believes that application of this section creates an undue economic hardship may apply for a variance under the process contained in section 27-114, but applying the economic hardship criteria contained section 27-116(f)(3).

(e)

Emergency conditions. In any case where PDD, in coordination with the applicable code enforcement department or official, determines that there are emergency conditions dangerous to life, health or property affecting a landmark, a landmark site or a property in a historic district, the department may order the remedying of these conditions without the approval of the ARC. The department shall promptly notify the administrator of the ARC of the action being taken. When the emergency conditions do not require demolition, the department shall make every effort to carry out the intent of this chapter and to use the design standards of the ARC when remedying the emergency conditions. Failure to comply with an order issued pursuant to this section, within the reasonable time set within the order for compliance, is a violation of this Code.

(f)

Other laws and regulations. The provisions of this section shall be in addition to all other provisions of the state and city laws and regulations requiring that buildings and structures be kept in good repair.

(Ord. No. 2017-43, § 2, 3-16-2017)

This division of this chapter shall be known and may be cited as the "City of Tampa Subdivision Procedures."

(Ord. No. 89-261, § 2(35-1), 10-12-89; Ord. No. 96-241, § 1, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

The development of a subdivision includes with it the attendant responsibility for the provision and maintenance of streets, drainage and other public or private facilities and services. Therefore, it is essential to the promotion of the public health, safety and welfare that the development of subdivisions be conceived, designed and constructed in accordance with sound rules and proper minimum standards.

(b)

The purpose of these procedures is to establish procedures and standards for the development and subdivision of real property within the city in an effort to, among other things: provide mechanisms for bonding and construction of public improvements; ensure proper legal description, identification, monumentation and recording of real estate boundaries; aid in the coordination of land development in accordance with orderly physical patterns; discourage haphazard, premature, uneconomic or scattered land development; ensure that development protects significant physical features and those areas which are environmentally sensitive; ensure safe and convenient access and traffic control; encourage development of an economically stable and healthful community; prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; provide public open spaces for recreation; ensure that the citizens and taxpayers of the city will not have to bear the costs resulting from haphazard subdivision of land and the lack of authority to require timely installation by the developer of adequate and necessary physical improvements; ensure the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed; and ensure the development is consistent with the comprehensive plan.

(c)

The rules and regulations contained in this chapter are adopted as the city's subdivision code to guide and coordinate subdivision development within the city.

(Ord. No. 89-261, § 2(35-2), 10-12-89; Ord. No. 96-241, § 2, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 3, 5-16-2013)

(a)

Subdivision of land. Unless otherwise expressly exempted by law, the provisions of these procedures shall apply to all subdivision of land within the corporate limits of the city, as now or hereafter established.

(b)

Sale or transfer of land. No person shall sell or transfer any land by reference to a plat, subject to these procedures, before a final plat has been approved and recorded as provided herein. Nothing herein shall be construed as affecting the validity of transfers of title to interests in lands, whether by private act or operation of law.

(c)

Construction permits. Except as otherwise provided in these procedures, no construction permit shall be issued until a final plat has been duly recorded in the public records of the county.

(d)

Conflict with private provisions. These procedures is not intended to abrogate any legally enforceable easement, covenant or any other private agreement or restriction; provided that, where the provisions of these procedures are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these procedures shall govern.

(Ord. No. 89-261, § 2(35-3), 10-12-89; Ord. No. 96-241, § 3, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 3, 5-16-2013)

The subdivision procedures shall be administered and enforced by the subdivision coordinator, as defined in this chapter.

(Ord. No. 89-261, § 2(35-5), 10-12-89; Ord. No. 96-241, § 5, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Cross reference— Administrative authority of the official, § 1-13; delegation of administrative authority, § 1-14.

(a)

Alternate materials and methods of construction. The subdivision procedures are not intended to prevent the use of alternate materials and methods of construction not specifically prescribed by this chapter, provided any such alternate has been approved by the applicable administrative authority. Any such alternate, shall be approved, provided it is found that the alternate for the purpose intended, is at least the equivalent of that prescribed, in quality, strength, effectiveness, fire resistance, durability and/or safety. The applicant shall be required to provide sufficient evidence or proof to substantiate any claim made regarding the alternate. If these criteria are not met, the request shall be denied.

(b)

Innovative design. The subdivision procedures are not intended to prevent the use of innovative designs not specifically prescribed by this chapter, provided any such design has been approved by the applicable administrative authority. Any innovative design may be approved, which is at least the equivalent of that prescribed in this chapter in quality, efficiency, durability and/or safety and addresses design concerns including, but not limited to, wetlands, the environment, affordable housing (subject to legal constraints), new technologies, site constraints and public improvements. The applicant shall be required to provide sufficient evidence or proof to substantiate any claim made regarding the design. If these criteria are not met, the request shall be denied.

(Ord. No. 89-261, § 2(35-6), 10-12-89; Ord. No. 96-241, § 6, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Any cemetery, as defined by state law, meeting the definition of a subdivision as defined herein shall be regulated under the provisions of F.S. Ch. 497.

(b)

A condominium, as defined by state law, meeting the definition of a subdivision as defined herein, shall be regulated under the provisions of F.S. Ch. 718.

(Ord. No. 89-261, § 2(35-7), 10-12-89; Ord. No. 91-89, § 3, 5-30-91; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Cross reference— Cemeteries, Ch. 8.

(a)

The order, sequence and prerequisites for making applications for service shall be as designated by the subdivision coordinator.

(b)

The city may require plans, specifications or drawings and such other information as it may deem necessary and pertinent prior to the granting of approval. If the city determines that the plans, specifications, drawings, descriptions or other information furnished by the applicant is in compliance with this chapter, the rules and regulations of any other department having jurisdiction and any other laws, rules and regulations pertaining to construction, it shall approve the documents.

(Ord. No. 89-261, § 2(35-31), 10-12-89; Ord. No. 96-241, § 7, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 3, 5-16-2013)

Except as provided below, the review and approval for subdivision plats under these procedures shall be divided into three (3) stages: preliminary plat, construction drawings and final plat.

(Ord. No. 89-261, § 2(35-32), 10-12-89; Ord. No. 96-241, § 8, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

(a)

Generally. Any subdivision involving phased or staged development shall be identified in written and graphic form in the application for preliminary plat review and shall designate, for information purposes only, all construction phases and the proposed development schedule.

(b)

Independent operation. All construction phases in a development shall be constructed to be capable of operating independently or in conjunction with other constructed phases with respect to drainage, vehicular circulation, utilities and other public improvements and services.

(c)

Modifications to approved phase boundaries. Modifications to approved phase boundaries may be administratively approved by the department following submission of a new written and graphic description of such modifications, provided that such phasing does not conflict with any previously approved construction drawings or subsection (b) above.

(Ord. No. 89-261, § 2(35-33), 10-12-89; Ord. No. 96-241, § 9, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

The purpose of the preliminary plat is to safeguard the developer from unnecessary loss of time and expense involved in having final engineering drawings and specifications prepared which do not conform to the standards herein. The preliminary plat, therefore, will serve to demonstrate consistency with subdivision standards and with the comprehensive plan. It does not imply approval of construction drawings or final plat. The preliminary plat requires the scale, dimensions and general location of certain improvements.

(Ord. No. 89-261, § 2(35-34), 10-12-89; Ord. No. 91-89, §§ 4, 5, 5-30-91; Ord. No. 96-241, § 10, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

To facilitate the preparation of a preliminary plat, the developer and/or surveyor, engineer or land planner is encouraged to discuss informally the preliminary studies and sketches for the subdivision of land with the department and other city departments and governmental agencies to facilitate the preparation and design of a plat which conforms with these procedures.

(b)

The PD final site plan and preliminary plat may be submitted for review simultaneously provided that the preliminary plat is not approved until the PD final site plan is approved by city council.

(Ord. No. 89-261, § 2(35-35), 10-12-89; Ord. No. 96-241, § 11, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

The owner or owner's authorized representative shall submit to the department the required number of copies of the documents for preliminary plat approval, prepared and submitted in accordance with section 27-153.2.21. Following receipt of this application, all appropriate city departments and other reviewing agencies shall review the plat and return comments to the department.

(Ord. No. 89-261, § 2(35-36), 10-12-89; Ord. No. 96-241, § 12, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Within a reasonable period of time following receipt of the city staff's recommendation, the city shall approve or disapprove the preliminary plat, stating in writing any reasons for disapproval.

(b)

When plans have been disapproved, the applicant has three (3) months from the notification date to make any revisions and resubmit plans for review. After three (3) months, the plans become subject to any changes in the City Code.

(Ord. No. 89-261, § 2(35-37), 10-12-89; Ord. No. 96-241, § 13, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Approval of a preliminary plat shall acknowledge the basic design of the subdivision and consistency with the comprehensive plan and zoning code. It shall not constitute approval of construction drawings or the final plat; it shall not authorize recording or acceptance of improvements or dedications. Upon approval of the preliminary plat, the developer has six (6) months to submit construction drawings. If the construction drawings are not submitted within six (6) months from the date the preliminary plat is approved, then the preliminary plat approval shall expire. The developer may request an extension of the approval for an additional six (6) months, upon written notice provided ten (10) days before the six (6) month expiration date.

(b)

Any person developing a subdivision involving phased development may request a long-term extension of preliminary plat approval by written notice provided before the six (6) month expiration date.

(c)

If preliminary plat approval lapses, the plans become subject to any changes in the City Code.

(Ord. No. 89-261, § 2(35-38), 10-12-89; Ord. No. 91-89, § 6, 5-30-91; Ord. No. 96-241, § 14, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

The purpose of the review and approval of construction drawings by the city is to ensure satisfaction of the city design and specification requirements for the improvements that are to be constructed to serve the subdivision.

(b)

Prior to submission of the final plat, the developer shall submit construction drawings for the installation of improvements that are to be constructed to serve the subdivision.

(Ord. No. 89-261, § 2(35-39), 10-12-89; Ord. No. 91-89, § 7, 5-30-91; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Filing of application. The owner or his authorized representative shall submit to the department the required number of copies of documents for construction drawing approval, prepared and submitted as required by section 27-153.2.22. Construction drawings, which are consistent with the preliminary plat, may be submitted simultaneously with the preliminary plat. Following receipt of these documents, all appropriate city departments shall review the construction drawings and return comments to the department.

(b)

Conformance with preliminary plat. Construction drawings shall substantially conform to the approved preliminary plat; provided, however, that the construction drawings shall be subject to subdivision, zoning, environmental, health and all other applicable regulations in effect at the time of construction drawing submission.

(c)

Administrative review.

(1)

After receipt of construction drawings, all reviewing agencies shall approve or disapprove the construction drawings, stating in writing any reasons for disapproval.

(2)

When plans have been disapproved, the applicant has three (3) months from notification date to make any revisions and resubmit plans for review. After three (3) months, the plans become subject to any changes in the City Code.

(d)

Commencement of construction activities. Except as provided herein, no clearing, grading, drainage or other construction activities connected with the subdivision application, except testing, land alteration activities and brush removal necessary to complete surveying, shall commence on the site until all required construction drawings are approved and all applicable permits are obtained. Authorized brush removal shall not be deemed to include the removal or damaging of any trees protected by the City Code.

(e)

Townhome developments. For townhome development projects, the developer may submit one (1) set of plans containing all of the information required for construction drawings and commercial site plan review. The subdivision coordinator shall coordinate the plan review for the subdivision construction drawing review and the commercial site plan review as one review. Construction shall not commence until the plans have been approved for both. Upon completion of the commercial site plan review and the construction drawings review and approval of the plans, the developer may begin construction to the extent prescribed in section 27-153.2.11 of this Code.

(Ord. No. 89-261, § 2(35-41), 10-12-89; Ord. No. 91-89, § 9, 5-30-91; Ord. No. 96-241, § 16, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Upon approval of the construction drawings and obtaining the applicable permits, the developer may:

(1)

Obtain those permits to construct those improvements described on the approved construction drawings; or

(2)

File for final plat approval and pursuant to section 27-153.2.15 elect to post performance security prior to city council approval of the plat.

(b)

Upon approval of the construction drawings, the developer may submit building permit applications to construct model homes/sales centers, golf courses, swimming pools, pool cabanas, perimeter walls, and entry features including, but not limited to, wall signs, security guard stations and entry walls.

(c)

Upon approval of the construction drawings, the developer has six (6) months to begin construction of the required improvements as shown on the approved construction drawings. If construction does not begin within six (6) months, the developer may request an extension for a maximum of six (6) months by providing written notice to the department before the original six (6) months expiration date. The request will be forwarded to all infrastructure departments for review. Should revisions to the plans be necessary, then a resubmittal of the plans will be required.

(d)

If construction drawing approval lapses, the plans become subject to any changes in the City Code.

(Ord. No. 89-261, § 2(35-42), 10-12-89; Ord. No. 91-89, § 10, 5-30-91; Ord. No. 96-241, § 17, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

The purpose of the review and approval of the final plat by the city is to ensure that all requirements of these procedures have been satisfied.

(b)

The developer may submit a final plat for approval for the entire subdivision when any one (1) of the following conditions exist:

(1)

All private improvements, if any, have been installed and approved by the city and all public improvements, if any, have been installed and accepted by the city;

(2)

In the absence of the completion of all improvements referenced in subsection (b)(1) above, provision of security for such installation as required by section 27-153.2.15; or

(3)

In the absence of any required improvements, as determined by the preliminary application conference.

(c)

The developer may submit a final plat for review prior to construction drawing approval. However, the final plat will not be accepted until one (1) cycle of the construction drawing review has been completed. The submission of the final plat does not imply approval of the construction drawings.

(d)

Any project that is subject to commercial site plan review may be submitted for that review simultaneously with the preliminary plat review and/or construction drawing review. The developer may submit one (1) set of plans containing all of the information required for preliminary plats or construction drawings and commercial site plan review. The subdivision coordinator shall coordinate the plan review for the subdivision preliminary plat or construction drawing review and the commercial site plan review as one (1) review. If preliminary plat and/or construction drawings are not required for a particular project, the commercial site plan may be submitted with the final plat as one (1) set of plans containing all of the information required for commercial site plan review and final plat review for a simultaneous review coordinated by the subdivision coordinator, provided that the commercial site plan is not approved before the city council approves the final plat and it is recorded in the public records of Hillsborough County.

(Ord. No. 89-261, § 2(35-43), 10-12-89; Ord. No. 91-89, § 11, 5-30-91; Ord. No. 96-241, § 18, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

(a)

Filing of application. The owner or owner's authorized representative shall submit to the department an original and the required number of copies of documents required for final plat approval. Such documents shall be prepared and submitted in accordance with section 27-153.2.23. Following receipt of these documents, they shall be reviewed by all appropriate city departments, and comments from the reviewing city departments will be submitted to the department.

(b)

Administrative review.

(1)

Upon receipt of the application for final plat approval, the department shall forward copies to all appropriate city departments for review. Because final plats cannot be conditionally approved and must be accurate for recording in the public records, the developer, engineer of record, surveyor or other appropriate parties may be called upon to make appropriate corrections. Once a determination is made by city staff that the plat and all supporting documents conform to city requirements, the final plat will be forwarded to the city council for approval.

(2)

When plans have been disapproved, the applicant has three (3) months from the notification date to make any revisions and resubmit plans for review. After three (3) months, the plans become subject to any changes in the City Code.

(Ord. No. 89-261, § 2(35-44), 10-12-89; Ord. No. 96-241, § 19, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Standards for approval. No final plat shall be approved for recording, unless:

(1)

The final plat is substantially in conformance with the approved preliminary plat;

(2)

The final plat is in compliance with all applicable regulations, approved construction drawings and as-built drawings;

(3)

All improvements have been installed, inspected and accepted in accordance with section 27-153.3.4 of these procedures or, when approved by the city, the developer has provided adequate performance security in accordance with section 27-153.2.15 of these procedures and the developer provides to the city adequate defect security in accordance with section 27-153.2.16 of these procedures;

(4)

The developer has paid all application and recording fees required by the city;

(5)

When construction of improvements is required, a subdivision agreement in substantial conformance with the model agreement provided by the city has been executed by the developer; and

(6)

The developer has provided one (1) copy of all homeowners documents (articles of incorporation, bylaws, and deed restrictions) for review by the city attorney and three (3) copies of the approved homeowners documents.

(b)

Contingent approval. Final plat approval shall be contingent upon the developer providing proof of:

(1)

All required permits from the Florida Department of Transportation, Department of Environmental Protection and the U.S. Corps of Engineers;

(2)

Filing with the Department of State of the bylaws and articles of incorporation for the Homeowners Association; and

(3)

All required state and local permits for wells and septic tanks.

(c)

Effect of approval. No lot may be sold until all contingencies have been fulfilled.

(Ord. No. 89-261, § 2(35-45), 10-12-89; Ord. No. 91-89, § 12, 5-30-91; Ord. No. 96-241, § 20, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

(a)

Performance security required.

(1)

Full performance security. In order to receive final plat approval before the installation of all improvements, the developer shall provide and maintain sufficient full performance security guaranteeing the installation and approval of all private on-site or off-site improvements and the installation and acceptance of all public on-site or off-site improvements, except sidewalks. When providing full performance security, the developer shall submit the performance security on forms provided by the city two (2) weeks before to city council action; such security shall be effective as of the date city council approves the subdivision. Such performance security shall comply with all statutory requirements, the requirements of section 27-153.2.22(7) of this Code, and be satisfactory in form to the city attorney and appropriate city staff and be in an amount equal to one hundred twenty-five (125) percent of the developer's contract for the work or a certified engineers estimate, subject to approval of the appropriate city staff. When providing a bond for performance security, the bonding company shall have a B+ or better rating in accordance with "Best Bond Book."

(2)

Partial performance security. In order to receive final plat approval after installation and approval of a specific private improvement or the installation and approval of a specific public improvement but prior to installation and approvals of all private improvements and the installation and approval of all public improvements, the developer shall provide sufficient partial performance security guaranteeing the installation of any remaining improvements not yet installed in the amount of twenty (20) percent of the developer's contract for the installation of the entire of the improvements being partially secured. Partial performance may be provided at the point the city and the developer deem the improvement substantially complete as certified by the developer's engineer of record. Partial performance security may be posted for the completion of a particular improvement, although other improvements are yet to be completed. Partial performance security may not be posted if only a percentage of a particular improvement is completed. Approval for posting a partial performance security must be given by the appropriate infrastructure department as it relates to the improvement. When providing partial performance security, the developer shall submit the partial performance security on forms provided by the city two (2) weeks prior to city council action; such security shall be effective as of the date of city council approval of the subdivision. Such performance security shall comply with all statutory requirements, be satisfactory in form to the city attorney subject to approval by appropriate city staff and be in an amount acceptable to the city so as to equal the full estimated cost adjusted to cover inflation and administration for installation of any remaining improvements not yet installed, approved and/or accepted; in no case will the amount be less than one hundred twenty-five (125) percent of the developer's contract for the installation of the remaining improvements.

(b)

Performance security not required. If all private improvements have been approved and inspected by the city and all public improvements have been approved and accepted by the city, the developer shall not be required to provide performance security upon final plat approval by staff prior to city council action.

(c)

Effective period; extensions. The effective period of the performance security shall not be less than one (1) year from the date city council approves the subdivision; provided, however, that the city may permit or require extensions by renegotiation of the security amount and execution of a new security and subdivision agreement. Performance security for streetlights will not be extended more than the allotted twelve-month time frame if one-third (⅓) or more of the total number of units in the subdivision have received their certificates of occupancy. Under no circumstances will performance security for streetlights be extended beyond one (1) year from the expiration date of the original security provided.

(d)

Default of performance security. Where approved performance security has been provided and the improvements have not been installed according to the approved construction drawings, the City Code or the terms of the performance security instrument, the city may, upon ten (10) days' written notice to the parties to the instrument, declare the performance security to be in default and exercise the city's rights thereunder. Upon default, no further permits or approval shall be granted for the project until adequate progress toward completion of the remaining improvements is shown as determined by the city.

(e)

Release of performance security. Subject to the terms of such security and subdivision agreement, the performance security shall be released by the city when all private improvements are installed, inspected and approved and when all public improvements are installed, inspected and accepted pursuant to section 27-153.3.4 of these procedures.

(Ord. No. 89-261, § 2(35-46), 10-12-89; Ord. No. 91-89, § 13, 5-30-91; Ord. No. 96-241, § 21, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

Cross reference— Sureties of persons dealing with city to be licensed by state, § 2-231.

(a)

Defect security. Upon final acceptance of improvements by the city, the developer shall post security, in an amount equal to ten (10) percent of the actual construction costs of improvements for the purpose of correcting any construction, design or material defects or failures within public rights-of-way or easements in the development or required off-site improvements. The form and manner of execution of such securities shall be subject to the approval of the city attorney. The effective period for such security shall be one (1) year and thirty (30) days following the city's acceptance of the installed improvements. Upon default, the city may exercise its rights under the defect security instrument, upon ten (10) days' written notice by certified mail to the parties to the instrument.

(b)

Release of defect security. Subject to the terms of such security and subdivision agreement, the defect security shall be released by the city at the expiration of its effective period.

(Ord. No. 89-261, § 2(35-47), 10-12-89; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Upon approval of the final plat by city staff, the city council shall:

(1)

Approve or disapprove the final plat and any legal instruments;

(2)

Authorize the recording of the plat and supporting documents for all purposes under state law.

(b)

Application for building permits may be submitted after final plat recordation.

(Ord. No. 89-261, § 2(35-48), 10-12-89; Ord. No. 96-241, § 22, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Following approval by the city council, the original final plat and original copies of any supporting legal documents required to be recorded in the public records shall be submitted by the developer to the department who will in turn submit such plat and supporting documentation directly to the clerk of the circuit court for recordation within the public records of the county. Following recording of the plat, the clerk of the circuit court, in coordination with the department, shall have prints and reproducible copies of the final plat made for distribution.

(b)

In addition to the above, copies will be prepared for the developer upon prior written request to the department. The actual cost of recording and preparing all required copies, prints and reproducibles shall be paid by the developer.

(c)

Notwithstanding any other provisions of these procedures, if a final plat is not recorded within six (6) months from the effective date of the resolution approving the final plat for the subdivision, then administrative approval of the preliminary plat, construction drawings and final plat previously approved shall expire.

(Ord. No. 89-261, § 2(35-49), 10-12-89; Ord. No. 96-241, § 23, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

(a)

Upon construction completion and acceptance of improvements, a defect security bond shall be required pursuant to section 27-153.2.16.

(b)

When installation of improvements has occurred subsequent to final plat recordation, the surveyor's certificate of installation of P.C.P.'s, P.R.M.'s, etc., in accordance with F.S. § 177.091(8), shall be submitted.

(Ord. No. 89-261, § 2(35-50), 10-12-89)

(a)

Vacating and replatting. Whenever land comprising all or part of an existing plat of record is proposed as all or part of a new plat, it shall be properly vacated prior to final plat approval of the new subdivision in accordance with the procedures set forth in F.S. § 177.101(3), (4), (5).

(b)

Revision of final plat after recordation. No changes, erasures, modifications or revisions shall be made on any final plat after approval has been given, unless the plat is resubmitted to the city council for its approval. This shall not affect the right to file an affidavit confirming an error on a recorded plat as provided by law.

(c)

Minor amendments.

(1)

When it is necessary to modify a plat which has been duly recorded, the applicant may do so through the minor amendment or single amendment process.

a.

The minor amendment process shall consist of submission of a final plat to the department including the modifications for recording in the public records of the county. The minor amendment process shall apply if two (2) or more of the following modifications are proposed:

1.

Lot line adjustment, provided that the number of lots does not increase and the individual lot sizes still meet the minimum lot sizes prescribed in Chapter 27 of this Code;

2.

Minor adjustments in street alignments;

3.

Release or dedication of easements; or

4.

Street name changes.

b.

The single amendment process shall apply where only one (1) modification described in subsection (c)(1)a. is necessary. The single amendment process shall consist of submission of a final plat or, at the city's option, submission of an alternate document recordable in the public records as prescribed by the department, provided that the changes are approved by the city council and recorded in the public records of the county.

(Ord. No. 89-261, § 2(35-51), 10-12-89; Ord. No. 91-89, § 14, 5-30-91; Ord. No. 96-241, § 24, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

All applications for preliminary plat approval shall be submitted to the department in the required number of copies and shall include the information as specified in the subdivision review technical manual, provided that the department or other appropriate departments may waive or modify such submittal requirements if a determination is made that such information is currently available to the city or is otherwise unnecessary. All determinations to waive or modify submittal requirements shall be made at the preapplication conference. The application for preliminary plat approval shall include the following:

(a)

Boundary drawing. A sketch showing a metes and bounds description of the property proposed to be platted, total acreage, existing easements, utilities, streets, general topography, floodplain and flood zone boundaries and other significant features existing at the time of submission;

(b)

Legal description. A legal description of the property, including the citation and general description of any existing easements, covenants or other restrictions affecting the use and development of the property existing at the time of submission. The legal description shall include the total acreage of the parcel or tract of land to be platted;

(c)

Vicinity map. A vicinity map at a convenient scale showing the site, including existing roads and waterways, street rights-of-way and street intersections on all four (4) sides;

(d)

Development schedule and plan. A proposed development schedule indicating the approximate starting and completion dates for the entire project and any phases, complete with a plan identifying and describing such phases;

(e)

Subdivision name. The name of the plat shall be shown in bold legible letters of uniform size and type, including the words "section," "unit," "replat," "amended," etc., although the latter need not be in bold letters of the same size as the basic name. The name of the subdivision shall be shown on each sheet included. Such name shall not be so similar to another recorded subdivision in the city or county so as to confuse their identities. Subdivision names are subject to approval by the city;

(f)

Transportation analysis. A transportation analysis shall be prepared by a professional traffic engineer. The analysis shall include the total trips generated by the project and the distribution of the trips onto adjacent streets. Institute of traffic engineers (ITE) trip generation rates or another approved source shall be used as the basis for trip generation calculations. (Note: Required only if analysis not previously prepared in association with another development approval, i.e., DRI, rezoning, etc., approved for the same project.) This requirement may be waived if the transportation division determines that the transportation impact will not be significant. In addition, the detailed traffic analysis shall include, but not be limited to, the following:

(1)

Level of service calculations at each project access point for both the a.m. and p.m. peak hours;

(2)

A determination of need for auxiliary lanes;

(3)

A determination of need for traffic signalization or other control devices;

(4)

Other transportation factors as may be appropriate as determined by the city's transportation division, based upon generally accepted traffic engineering practices;

(g)

Concurrency review for transportation. All submissions for preliminary plat review shall include an application for a concurrency management transportation review. The transportation division will determine if the proposed project is concurrent. If a project is found not to be concurrent, the developer will be advised to schedule a methodology meeting with the city's traffic engineer. When a project is in compliance with concurrency, a temporary certificate of concurrency will be issued upon approval of the construction drawings. The final certificate of concurrency will be issued upon recordation of the final plat. The final certificate of concurrency will be required to apply for all building permits;

(h)

Preliminary plat. A preliminary plat prepared in accordance with and including the following information:

(1)

Graphic standards.

a.

Sheet size. Drawings shall be on one (1) or more sheets twenty-four (24) inches by thirty-six (36) inches in size. A three-inch margin shall be provided on the left edge and one-half-inch margin on the remaining three (3) edges of all sheets;

b.

Scale. All plans shall be at a scale which is no smaller than one (1) inch equals one hundred (100) feet;

c.

Dimensions. All dimensions shall be feet;

d.

North arrow. All drawings shall have a north arrow pointing to zero degrees north; and

e.

Title block. A title block shall be located in the lower right corner of the format of all sheets and shall contain the following information:

1.

Subdivision name;

2.

City, county and state;

3.

Sheet number and total number of sheets;

4.

Name, address and phone number of the responsible individual or professional; and

5.

Preparation date and date of any revisions;

(2)

Existing site conditions.

a.

The location of the property with respect to adjoining development, together with the existing zoning on adjoining property and existing land uses adjacent to the property (one-hundred-foot band at a minimum);

b.

The name, location and width of existing or platted streets and street rights-of-way within or contiguous to the site;

c.

The size and approximate location of sewers, water mains, storm drains and other underground facilities within or in close proximity to the site;

d.

The location and width of easements for all utilities, such as electric power lines, within and adjacent to the site;

e.

Topographic contours at one-foot intervals (five-foot contours in areas of steep slope when authorized by the department of public works), based on mean sea level datum. Topographic information shall be furnished by USGS, SWFWMD or a certified land surveyor;

f.

National flood insurance program's flood zone boundaries and categories;

g.

The location of trees or tree groupings and watercourses and other significant natural features, which shall be by reference on an aerial photograph at a scale of not less than one (1) inch equals one hundred (100) feet and the location and gross acreage of all wetlands and jurisdictional areas; and

h.

The location and nature of existing land uses, historic sites and structures, buildings and existing zoning;

(3)

Subdivision design.

a.

The location and approximate dimensions of all lots. All lots shall be numbered. In mixed-use developments, general designations of intended use shall be included;

b.

The location, nature and intended purpose of any proposed easements, reservations or dedications;

c.

The location and approximate dimensions of reserved or dedicated recreational open space, including the total acreage of open space;

d.

The nature, location and approximate dimensions of any buffer or other areas;

e.

The name, location, width and curve radii of all proposed streets and rights-of-way;

f.

The nature, location and approximate dimensions of all sidewalks, pedestrian ways and bike ways;

g.

The general location and method of the potable water source;

h.

The general layout of the stormwater management system, designed to specifications of the city; and

i.

The approximate location of any proposed security guard houses, entry walls, entry gates, fences, perimeter walls and street medians; and

(4)

All other information reasonably required by the city.

(Ord. No. 89-261, § 2(35-52), 10-12-89; Ord. No. 91-89, §§ 15—17, 5-30-91; Ord. No. 96-241, § 25, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

All construction drawings shall be submitted to the department in the required number of copies and shall conform to specifications and requirements of the city and the requirements listed in the subdivision review technical manual. Construction drawings shall be prepared and certified for all improvements by a state-registered professional engineer. All revisions shall be prepared and submitted as required for original drawings. Construction drawings shall include the following:

(a)

Legal description. A legal description of the property, including the citation and general description of any existing easements, covenants or other restrictions affecting the use and development of the property existing at the time of submission;

(b)

Existing site conditions.

(1)

Location, size, elevation and other appropriate descriptive information of existing facilities and features shown on the approved preliminary plat and the point of connection to proposed facilities and utilities. All water bodies shall show approximate high- and low-water elevations;

(2)

Topographic contours at one-foot intervals, based on mean sea level datum. Topographic contours may be shown at the same scale as presented in the approved preliminary plat; and

(3)

Flood elevation data and flood zones delineated;

(c)

Subdivision design.

(1)

Proposed grading and/or spot elevations at sufficient detail to define the proposed drainage patterns;

(2)

Lot, block and street design showing radii of all curves and corners;

(3)

Profiles depicting existing and proposed elevations along centerlines of all roads and intersections;

(4)

Cross sections of all street intersections;

(5)

Plans and profiles depicting the location and typical cross sections of all required improvements;

(6)

Details illustrating connections to existing and proposed utility systems;

(7)

Details showing sidewalks, all traffic-control, striping and street signage in accordance with requirements of the city; and

(8)

Location of fire hydrants;

(d)

Other information submitted in graphic and/or narrative form.

(1)

All stormwater calculations and descriptions, prepared by a state-registered engineer, needed to show compliance with city, state and federal requirements;

(2)

Type and location of any erosion and sedimentation controls which will be used during the construction process;

(3)

All calculations and descriptions, prepared by a state-registered engineer, used in sizing water and sewer mains, including any impact on existing systems and fire flow requirements;

(4)

All plans, calculations and descriptions necessary to show that the sewage disposal system is in compliance with all applicable federal, state, county and city requirements;

(5)

All plans, calculations and descriptions required to determine that the potable water supply system is in compliance with all applicable federal, state, county and city requirements;

(6)

Copies of permits or approvals from the Environmental Protection Commission and Southwest Florida Water Management District;

(7)

Identification of all wetland encroachments;

(8)

Calculations for storage lane capacity, where applicable; and

(9)

All additional information as required by the city; and

(e)

Graphic standards.

(1)

Sheet size. Drawings shall be on one (1) or more sheets twenty-four (24) inches by thirty-six (36) inches in size. A three-inch margin shall be provided on the left edge and one-half-inch margin on the remaining three (3) edges of all sheets;

(2)

Scale. All plans and profiles shall be at a horizontal scale of one (1) inch equals fifty (50) feet and a vertical scale of one (1) inch equals five (5) feet;

(3)

Dimensions. All dimensions shall be feet and decimals of a foot;

(4)

North arrow. All drawings shall have a north arrow pointing to the top of the drawing zero degrees north; and

(5)

Title block. A title block shall be located in the lower right corner of the format of all sheets and shall contain the following information:

a.

Subdivision name;

b.

City, county and state;

c.

Sheet number and total number of sheets;

d.

Name, address and phone number of the responsible individual or professional; and

e.

Preparation date and date of any revisions.

(Ord. No. 89-261, § 2(35-53), 10-12-89; Ord. No. 91-89, §§ 18, 19, 5-30-91; Ord. No. 96-241, § 26, 10-31-96; Ord. No. 96-241, § 26, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

All final plats shall be prepared in compliance with these procedures and other applicable laws. An original and the required number of copies shall be submitted to the department and include the information specified in the subdivision review technical manual:

(a)

Application form and required processing fees. On forms provided by the city, a complete application and affidavit bearing the signatures and acknowledgement of all current property owners of record and all processing fees required by the city;

(b)

Certification required on final plat. In conformance with forms established by the city, all final plats shall be prepared to include the following certifications which shall be printed on the original plat:

(1)

Certificate of survey;

(2)

Certificate of approval of the city council;

(3)

Certificate of ownership and dedication and, when desired, separate mortgagee's joinder in and ratification of subdivision plat and all dedications and reservations thereon may be submitted as a separate instrument; and

(4)

Certificate of approval of the clerk of the circuit court;

(c)

Certificates, legal instruments and other documents required. In conformance with forms established by the city and in addition to the certifications required in subsection (b) and the requirements specified in section 27-153.3.4, the following shall be provided prior to final plat approval by the city council:

(1)

When improvements are constructed, completed and accepted prior to final plat recordation, the following documents shall be provided:

a.

Title certification;

b.

Subdivision agreement;

c.

Certificate of cost estimate (or actual installation cost)

d.

Defect security bond;

e.

Surveyor's certificate of installation of P.C.P.'s in accordance with F.S. § 177.091(8); and

f.

Signed and sealed as-built drawings;

(2)

When improvements are constructed, completed and accepted subsequent to final plat recordation, the following documents shall be provided:

a.

Title certification;

b.

Subdivision agreement;

c.

Certificate of cost estimate (or actual installation cost);

d.

Performance security bond; and

e.

Defect security bond (after improvements are accepted for maintenance by the city); and

(3)

When a subdivision is a replat of subdivided lands, the appropriate documentation shall be recorded as prescribed by the city;

(d)

Provision and assurance for maintenance of common facilities.

(1)

All documents and other assurances, including deed restrictions, articles of incorporation and bylaws, prepared in accordance with the laws of the state and satisfactory to the city attorney, to establish a means of common ownership and management of all common areas, facilities or improvements intended for use by some or all of the occupants of the subdivision, but not proposed to be provided, owned, operated or maintained at general public expense;

(2)

Any subdivision project which will remain in single ownership need not create a separate legal entity to guarantee maintenance of required improvements. However, deed restrictions which provide for maintenance of the improvements must be submitted; and

(3)

All documents that are required pursuant to the provisions of this section must be recorded by the city at the developer's expense subsequent to approval by the city attorney's office and before or simultaneous with the recording of the plat in the public records of Hillsborough County.

(e)

Flood data. Flood zones and flood elevation data, if applicable, shall be provided;

(f)

Original mylars. The applicant shall provide an original Mylar, and two (2) reproducible Mylars prior to submission to the city council. The scale on the original Mylar and the copy shall be no smaller than one (1) inch equals one hundred (100) feet. The two (2) sets of reproducible Mylars shall be at a scale of one (1) inch equals two hundred (200) feet;

(g)

Final plat. In addition to required certifications, final plats shall be prepared to include the following:

(1)

Graphic standards.

a.

Material. An original drawing made with black permanent drawing ink on a good grade linen tracing cloth or stable base film a minimum of .003 inches thick. Marginal lines, standard certificates and approval forms shall be printed on the plat with a permanent black drawing ink. A print or photographic copy of the original drawing shall be submitted with the original drawing;

b.

Size, margin. The size of each sheet shall be eighteen (18) inches by twenty-four (24) inches and shall be drawn with a marginal line or may be printed completely around each sheet and placed so as to leave at least a one-half-inch margin on each of three (3) sides and a three-inch margin on the left side of the plat for binding purposes;

c.

Multiple sheets. When more than one (1) sheet must be used to accurately portray the lands subdivided, each sheet must show the particular number of that sheet and the total number of sheets included, as well as clearly labeled matchlines to show where other sheets match or adjoin;

d.

Scale. The scale used shall be of sufficient size to show all detail and shall be both stated and graphically illustrated by a graphic scale drawn on every sheet showing any portion of the lands subdivided;

e.

Subdivision name. The name of the plat shall be shown in bold legible letters of uniform size and type, including the words "section," "unit," "replat," "amended," etc., although the latter need not be in bold letters of the same size as the basic name. The name of the subdivision shall be shown on each sheet included. Such name shall not be so similar to another recorded subdivision in the city or county so as to confuse their identities. Subdivision names are subject to approval by the city;

f.

North arrow. A prominent north arrow shall be drawn on every sheet, including showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face of the plat in the notes or legend; and

g.

The plat shall include in a prominent place, the following statement:

"NOTICE: There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county."; and

(2)

Required information.

a.

Location.

1.

Coordinates. Each plat shall show the section, township and range, as applicable, or, if in a land grant, the plat will so state. If the subdivision is in an area where state plane coordinates have been established, the legal description shall refer to the coordinates;

2.

Jurisdiction. The names of the "City of Tampa," "Hillsborough County," and "State of Florida" shall appear under the name of the plat;

3.

Property description. Each plat shall show a description of the lands subdivided, and the description shall be the same as in the title certification. The description must be so complete that from it, without reference to the plat, the starting point and boundary can be determined;

4.

Section lines; metes and bounds; land grants. All section lines and quarter section lines occurring in the map or plat shall be indicated by lines drawn upon the map or plat, with appropriate words and figures. If the description is by metes and bounds, the point of beginning shall be indicated, together with all bearings and distances of the boundary lines. If the platted lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. The initial point in the description shall be tied to the nearest government corner or other recorded and well-established corner;

5.

Contiguous properties; resubdivisions. All contiguous properties shall be identified by subdivision title, plat book and page or, if unplatted, land shall be so designated. If the subdivision platted is a resubdivision or a part of the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made; the fact of its being a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat;

b.

Permanent reference monuments. Each P.R.M. shall be shown on the plat by appropriate designation;

c.

Permanent control points. All P.C.P.'s shall be shown on the plat by an appropriate designation. It is the land surveyor's responsibility to furnish the clerk or recording officer of the county his certificate that the P.C.P.'s have been set and the dates the P.C.P.'s were set, in accordance with a surveyor's certification form established by the county; and

d.

Design.

1.

Streets, waterways. Location, width and names of all streets, waterways or other rights-of-way shall be shown on the plat;

2.

Easements. Location and dimensions of all easements shall be shown on the plat, shall be described in the notes or legend as necessary and their intended use shall be clearly stated;

3.

Lot and block numbers. All lots shall be numbered by progressive numbers and, if numbered by blocks, each block shall be progressively numbered or lettered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout the several additions;

4.

Corner radii. Block corner radii dimensions shall be shown;

5.

Survey data. Sufficient survey data shall be shown to positively describe the bounds of every lot, block, street, easement and all other areas shown on the plat. When any lot or portion of the subdivision is bounded by an irregular line, the major portion of that lot or subdivision shall be enclosed by a witness line showing complete data, with distances along all lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as "more or less," if variable. Lot, block, street and all other dimensions, except to irregular boundaries, shall be shown to a minimum of hundredths of feet. Sufficient angles, bearings or azimuth to show direction of all lines shall be shown, and all bearings, angles or azimuth shall be shown to the nearest second of arc. All measurements shall refer to horizontal plane and in accordance with the definition of a foot or meter adopted by the United States Bureau of Standards;

6.

Curvilinear lots. Curvilinear lots shall show the radii, arc distances and central angles or radii, chord and chord bearing or both. Radial lines will be so designated. Direction of nonradial lines shall be indicated;

7.

Street centerlines. The centerlines of all streets shall be shown with distances, angles, bearings or azimuth, P.C.'s, P.T.'s, P.R.C.'s, P.C.C.'s, arc distance, central angles, tangents, radii, chord and chord bearing or azimuth or both;

8.

School, park and recreation parcels. School, park and recreation parcels, as applicable, may be so designated or the developer may provide a schedule of uses;

9.

Excepted parcels. All interior excepted parcels shall be clearly indicated and labeled "not a part of this plat";

10.

Dedications and reservations. The purpose and location of all areas dedicated or reserved must be clearly indicated or stated on the plat;

11.

Conservation and preservation areas. Exact locations of all conservation and preservation areas, including natural wetlands, mitigated wetlands and upland preserves, shall be identified;

12.

Curve details. When it is not possible to show curve detail information on the map, a tabular form may be used; and

13.

Street-lighting plan. In conformance with the standards of the department of public works, shall be submitted with the application for final plat.

(h)

Covenants, etc. A draft of any proposed protective covenants, property owners association articles of incorporation and bylaws; and

(i)

Itemized cost estimate of improvements or bid. When posting performance security under the provisions of section 27-153.2.15, itemized cost estimates of all required improvements made by a state registered engineer or a bid from a reputable bondable contractor shall be submitted prior to final plat approval of construction drawings.

a.

If the engineers cost estimate is determined to be inadequate when compared to the city's cost to install the improvements, then the city shall modify the engineers estimate to meet city cost.

b.

If a developer chooses to utilize the bid from the contractor who was awarded the job and the city finds the bid amount to be inadequate when compared to the city's cost to install the improvements, then the following requirements are applicable:

1.

The contractor's bonding company must have no less than a B+ rating as determined by Best Bond Book; and

2.

If the contractor's total bid is insufficient when compared to the city's cost to install the improvements, then the city will require a certified letter from the contractor on the contractor's stationary stating that the contractor will install the improvements for the City of Tampa at the same bid price contracted with the developer.

3.

The city will require a certified letter from the developer stating that the bid for infrastructure was awarded to a specific contractor, naming the contractor and stating the total bid price under contract for the required improvements.

(j)

Application for streetlight assessment program.

(Ord. No. 89-261, § 2(35-54), 10-12-89; Ord. No. 91-89, §§ 20, 21, 5-30-91; Ord. No. 96-241, § 27, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

(a)

Small subdivisions. Small subdivisions are eligible for express subdivision review. Small subdivision review allows for the waiver of both the preliminary plat and construction drawing requirements; provided that all lots within the proposed subdivision are for single-family use, have approved access and existing potable water and sanitary sewer facilities.

(b)

Minor subdivisions. Minor subdivisions are eligible for express subdivision review. Minor subdivision review allows for the waiver of the preliminary plat requirements in certain circumstances as set forth in subsection (c)(1).

(c)

Criteria for express subdivision review.

(1)

In order to waive the preliminary plat requirement, a preliminary application conference must be requested by the developer. Upon scheduling the conference, the developer shall provide the city with a survey of the proposed subdivision. The subdivision coordinator may waive the preliminary plat requirements in any of the following circumstances:

a.

All of the single-family residential lots within the proposed subdivision have approved access and existing potable water and sanitary sewer facilities;

b.

The proposed subdivision includes a maximum of two (2) lots which will be developed for commercial, industrial, or multifamily uses, and all of the lots within the subdivision have approved access and existing adequate improvements and utilities; or

c.

The proposed subdivision relates solely to roadways, provided that code requirements for construction drawings and a final plat materials are otherwise fulfilled.

(2)

In order to waive the construction drawing requirement, a preliminary application conference must be requested by the developer. Upon scheduling the conference, the developer shall provide the city with a survey of the proposed subdivision. The subdivision coordinator may waive the construction drawing review requirements in any of the following circumstances:

a.

No improvements are required by these procedures or any other provision of the City Code;

b.

All required improvements will be installed by the city and the developer has paid for such improvements;

c.

All of the lots within the proposed subdivision have approved access and existing adequate improvements and utilities;

d.

The proposed subdivision includes a maximum of two (2) lots which will be developed for commercial, industrial, or multifamily uses, and all of the lots within the subdivision have approved access and existing adequate improvements and utilities; or

e.

The proposed subdivision relates solely to roadways, provided that code requirements for construction drawings and a final plat materials are otherwise fulfilled.

(Ord. No. 96-241, § 28, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

Exceptions to the requirements of these procedures may be made for subdivisions which have been certified by the city as affordable housing subdivisions and have been underwritten through the Mayor's Challenge Fund or other bona fide housing programs administered through the community redevelopment agency as follows:

(a)

Affordable housing subdivisions may be exempt from the requirements of installing a stormwater retention/detention facility located within a common area and establishing a homeowners association which addresses stormwater requirements if:

(1)

A subdivision is certified by the City of Tampa as affordable housing project and is so recorded on the final plat;

(2)

The subdivision is comprised of less than ten (10) platted lots;

(3)

The subdivision is not located on a stormwater management advisory list;

(4)

The subdivision is not located in a volume sensitive basin; and

(5)

The subdivision would not be contributory to an identified flooding problem.

(b)

Affordable housing subdivisions may also be exempt from subdivision technical requirements if the project incorporates or is an innovative design.

(c)

The developer shall not be required to provide defect security upon the final acceptance of all required improvements by the city.

(d)

Affordable housing subdivisions may be eligible for express subdivision review.

(Ord. No. 96-241, § 29, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013; Ord. No. 2020-166, § 26, 12-17-2020)

Developers are encouraged to provide the required subdivision documentation in an electronic data form pursuant to the criteria listed below.

(a)

The following basic requirements apply in any case in which electronic data is submitted:

(1)

Drawing files must be submitted in AUTOCAD.dwg format or in the form of .DXF files;

(2)

Each electronic file must be supplied on a three and one-half (3½) inch disk;

(3)

Each disk must be clearly labeled with the name of the electronic file stored on the disk;

(4)

File compression through PKZIP is permitted provided that, if extraction by PKUNZIP is used, then the compressed files must have an extension of .ZIP; and

(5)

Each drawing must be made in decimal units at a scale of one equals one (1=1), and must have a line scale of forty (40).

_____

(b)

Electronic files must conform to the following layer formats:

_____

(c)

All text must be provided in Standard Font, based upon the scale of one (1) inch equaling two hundred (200) feet (1″ = 200′), as noted below:

(Ord. No. 96-241, § 30, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

The city council shall have the authority to set fees by resolution.

(Ord. No. 89-261, § 2(35-71), 10-12-89; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Fees may be charged for the following:

(1)

Plans examination;

(2)

Recording fees;

(3)

Reproduction of mylars; and

(4)

Resubmittal fee.

(Ord. No. 89-261, § 2(35-72), 10-12-89; Ord. No. 96-241, § 32, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Upon submission of a preliminary plat and submission and approval of all necessary site clearing and drainage and earthwork permits, land alteration may commence to conduct excavation for improvements and temporary stockpiling. A land alteration plan shall be submitted and may include property outside of the preliminary plat but within the master planned project.

(b)

The land alteration plan shall include the following:

(1)

Legal description of the entire area to be altered;

(2)

Total acreage of the entire area to be altered;

(3)

Approximate location of trees or tree groupings, ponds, lakes and watercourses and other significant natural features. Locations may be by reference to aerial photographs at a scale of one (1) inch equals one hundred (100) feet, unless otherwise approved by the city;

(4)

Location of temporary stockpiles and erosion control devices to be utilized on stockpiles;

(5)

Approximate location and gross acreage of all wetlands and jurisdictional areas proposed and environmental protective devices to be utilized;

(6)

General location of planned streets, haul roads and other public or common areas; and

(7)

Drainage and earthwork plan (at a scale of one (1) inch equals two hundred (200) feet, unless otherwise approved by the city), including location and approximate dimensions of cut and fill volumes.

(c)

Land alteration undertaken prior to approval of construction drawings is done at the sole risk of the developer, irrespective of permit issuance by the city. Review and approval of preliminary plats and construction drawings shall not take into consideration land alteration which commenced, under this section, prior to approval of construction drawings. The city may require that land be returned to its original state or that other remedies be effected by the developer, if land alteration conducted under this section does not conform to subsequently approved construction drawings.

(Ord. No. 89-261, § 2(35-73), 10-12-89; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Following approval of construction drawings and subject to the requirements and limitations of section 27-282.2 of the zoning chapter and all requirements listed below, building permits for model homes/sales centers may be issued.

(a)

All model homes/sales centers shall be constructed and located in such manner as to comply with all requirements of this Code and all other applicable laws, including adequate water and sewer service.

(b)

All homes shall be provided with adequate access to an approved and constructed street by completion of their construction and so situated to minimize pedestrian or vehicular traffic through areas of ongoing construction activity. This shall occur prior to the issuance of a certificate of occupancy.

(c)

No more than fifteen (15) percent of all lots or units or a maximum of fifteen (15) units, whichever is less, in each plat may be permitted as model homes or sales centers. A subdivision proposing ten (10) units or less or lots on a plat may be permitted for one (1) model home or sales center.

(Ord. No. 89-261, § 2(35-74), 10-12-89; Ord. No. 96-241, § 33, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Cross reference— Model dwelling units and preconstruction sales offices in certain zoning districts, § 27-282.2.

(a)

Inspections; as-built drawings; test reports. The installation of all improvements shall be subject at all times to inspection by the city. The developer shall employ a state-registered engineer to observe the work during construction to ensure compliance with approved plans. Upon completion, the engineer of record shall certify that the improvements have been installed and completed in accordance with approved construction drawings. Further, the developer shall submit to the city all required test reports, and the required number of copies of high quality, reproducible Mylar as-built drawings prepared to specifications of the city and certified by the engineer of record, showing the actual installation of all improvements.

(b)

Approval of private improvements. Upon satisfactory final inspection of any private improvements, receipt of as-built drawings and required test reports, the city shall approve all such improvements. Such approval shall be evidenced by a written or stamped approval of improvements executed by appropriate city departments. Maintenance of such private improvements remains the sole responsibility of the developer.

(c)

Acceptance of public improvements.

(1)

Upon satisfactory final inspection of any public improvements, such improvements may be approved by the city. Approval of such improvements does not imply acceptance for maintenance by the city.

(2)

Upon satisfactory final inspection of any public improvements, acceptance of as-built drawings and required test reports, the city shall accept responsibility for the maintenance of such improvements, provided that such improvements are on land which the city owns or for which it has accepted an offer of dedication or easement. Such acceptance shall be evidenced by a written or stamped acceptance of improvements executed by appropriate city departments. Unless and until the city acquires such interests, maintenance of such improvements shall remain the sole responsibility of the developer.

(Ord. No. 89-261, § 2(35-75), 10-12-89; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Cross reference— Inspections generally, § 1-27.

Upon notice from the subdivision coordinator, work on any system that is being done contrary to the provisions of these procedures or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent or the person doing the work or posted at the job site and shall state the conditions under which work may be resumed. Where an emergency exists, oral notice by the subdivision coordinator shall be sufficient to require the stoppage of work.

(Ord. No. 89-261, § 2(35-91), 10-12-89; Ord. No. 96-241, § 34, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 3, 4, 5-16-2013)

The subdivision coordinator may establish technical standards setting forth: administrative guidelines governing the enforcement of these procedures; requirements not specifically addressed in these procedures but necessary to the effective pursuit of the purpose of these procedures; and any other information needed for the uniform and orderly administration of these procedures. Such standards are to be published in a technical manual, which manual shall be on file in the office of the city clerk at least seven (7) days prior to adoption thereof and shall be made available to the public for inspection and for duplication at cost.

(Ord. No. 89-261, § 2(35-121), 10-12-89; Ord. No. 96-241, § 36, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 3, 4, 5-16-2013)

Cross reference— Requirements not covered by Code may be required by the official, § 1-17.

The technical manuals and standards set forth and adopted for sanitary sewers (wastewater) transportation, water, site clearing, tree removal and landscape, and stormwater management, which are on file in the office of the city clerk, are herein adopted by reference and, therefore, have the force and effect of law.

(Ord. No. 89-261, § 2(35-136), 10-12-89; Ord. No. 90-23, § 1, 2-8-90; Ord. No. 96-241, § 36, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

No subdivision plat shall be approved under the provision of these procedures unless the subdivision satisfies the following standards and requirements:

(a)

Consistency with the comprehensive plan. All proposed subdivisions shall be consistent with the comprehensive plan adopted by the city.

(b)

Conformance with applicable regulations. All subdivisions shall be designed and constructed in conformance with all requirements of these procedures, this Code and all other federal, state and city laws and regulations applicable to the subdivision, development and the sale of land.

(c)

Flood protection. No subdivision or part thereof shall be approved unless it conforms with all minimum requirements of Chapter 5, Section 5-111, flood damage control technical requirements, of this Code.

(d)

Floor elevations. Subject to limitations in subsection (c) above, all building floor elevations for living space shall be a minimum of one and one-half (1½) feet above the elevation of the center of the street pavement or street surface adjacent to the building, unless an exception is approved by the department of public works, and the site shall be graded to provide adequate drainage.

(Ord. No. 89-261, § 2(35-141), 10-12-89; Ord. No. 96-241, § 37, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

(a)

Improvements required. In addition to other requirements of these procedures, all subdivisions shall include certain improvements or facilities which are designed and constructed to comply with minimum standards of the city. The adequacy and availability of these public or private facilities shall be considered in reviewing such plats and shall include, but not be limited to:

(1)

Streets, emergency access and other traffic circulation improvements;

(2)

Sidewalks and other pedestrian circulation improvements;

(3)

Street signs, lighting and pavement markings;

(4)

Water;

(5)

Sanitary sewer;

(6)

Storm sewers and drainage system components;

(7)

Environmental/conservation areas; and

(8)

Survey monuments.

(b)

Minimum design and construction standards. All subdivision improvements shall be designed and constructed to conform to or exceed the city's design and materials criteria, standards and specifications set forth in the city's technical manuals. These manuals shall be periodically updated as necessary to reflect changes and additions to the criteria, standards and specifications.

(c)

Additional improvements. Where appropriate, the following shall be provided in accordance with the requirements of the city:

(1)

Emergency services;

(2)

Sanitation service;

(3)

Education sites; and

(4)

Recreation areas.

(Ord. No. 89-261, § 2(35-142), 10-12-89; Ord. No. 96-241, § 38, 10-31-96; Ord. No. 96-241, § 38, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

Should the developer wish to plat the subdivision with privately owned and maintained street, drainage and other improvements, the following requirements shall apply:

(a)

The preliminary and final plats must indicate that both the street and drainage rights-of-way are to be privately owned and maintained. Ownership and maintenance responsibilities for these improvements must be the sole responsibility of the subdivision property owners association.

(b)

All street and drainage rights-of-way within the subdivision are to be shown on the final plat as common areas dedicated to the property owners association of the subdivision for ownership and maintenance. Such dedication must include the right of ingress and egress, as well as contain a utility easement for the installation and maintenance of all utility lines serving the subdivision. If off-site drainage is to be routed through areas or easements within the subdivision, a drainage flow-through easement over such streets, areas or easements shall also be dedicated to the city to allow for emergency maintenance of drainage facilities.

(c)

All minimum design, construction and material standards of these procedures and the city departments must be met. Departmental standards for public and private improvements may vary.

(d)

All utilities, i.e., electricity, gas, etc., serving the subdivision must be owned and maintained by the respective utility company up to the meter or outside edge of the adjacent public right-of-way, as appropriate. All utilities must be kept within the street right-of-way lines whenever possible.

(e)

All private improvements within the road and drainage rights-of-way are to be owned and maintained by the subdivision property owners association or community development district.

(f)

Prior to final plat application, the developer shall have prepared a property owners association document that contains the following requirements as a minimum:

(1)

Membership in the association must be mandatory for all lot owners;

(2)

A declaration that all improvements within the road and drainage rights-of-way within the subdivision, other than those owned by a private or public utility, are to be owned, maintained, repaired and replaced by and at the expense of the lot owners, not by the city; and

(3)

A funding mechanism to ensure that maintenance, repair and replacement costs are available must be established. The funding mechanism must be mandatory for all lot owners and include a sinking fund provision for replacement of all private improvements including, but not limited to, private roads, sidewalks, storm sewers, water and sanitary sewer systems.

(Ord. No. 89-261, § 2(35-143), 10-12-89; Ord. No. 96-241, § 39, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Access to public streets. Every subdivision and lot within a subdivision shall immediately touch, adjoin and abut an approved private street, an approved access easement or a street dedicated to the public which has been accepted for maintenance by the city.

(b)

Relation to adjoining and/or proposed street system. The arrangement of streets in new subdivisions shall make provision for the continuation of existing principal streets from adjoining areas or for their proper projection where adjoining land is not subdivided. Where street extensions into adjacent undeveloped land are necessary to ensure a coordinated street system, provision for such future streets shall be made. Where a subdivision abuts or contains an existing or proposed arterial street, it may be required that the following be provided: marginal access street, screen planting, deeper lots or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. Unless specifically required by the city, all screening plantings and buffers shall be contained on individual lots or within privately owned easements and shall not be the responsibility of the city for maintenance.

(c)

Improvements within rights-of-way. No walls, fences, gates, signs or other obstructions shall be constructed or placed within the right-of-way unless otherwise approved by the department of public works. Some existing trees may be allowed to remain and others planted, if approved by the department of public works and the department, when in accordance with all city plans, programs and regulations.

(d)

Street names. New streets which are extensions of or in alignment with existing streets shall bear the name of the existing street. The street names "boulevard" and "parkway" shall be reserved for special designations of arterial streets which hold special historical or geographic importance. All others shall be named in the following manner:

*Less than 1,000 feet.

Street names shall be approved by the department, and in no case shall a name for a proposed street duplicate an existing street name, irrespective of whether the street is further described as an avenue, boulevard, driveway, place or court.

(Ord. No. 89-261, § 2(35-144), 10-12-89; Ord. No. 96-241, § 40, 10-31-96; Ord. No. 96-241, § 40, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

A master sidewalk plan shall be designed for ease of pedestrian movement throughout the subdivision and to existing streets adjacent to the subdivision in conformance with the standards established by the department of public works.

(b)

Sidewalk handicapped ramps, designed to city specifications, shall be provided at all intersections when possible.

(c)

Sidewalks within residential or commercial subdivisions are required improvements and do not require performance security. The developer shall install the sidewalks and obtain city approval before the city may issue any certificates of occupancy for structures within the subdivision. Sidewalks associated solely with roadways must be bonded or constructed prior to final plat approval.

(Ord. No. 89-261, § 2(35-145), 10-12-89; Ord. No. 96-241, § 41, 10-31-96; Ord. No. 96-241, § 41, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

The developer shall be required, as a condition of his subdivision plat approval, to provide street lighting meeting the standards established by the department of public works and establish the funding mechanism.

(b)

The developer shall install underground wiring unless the area is determined by the department of public works to be an existing overhead wiring area. Poles must meet the specifications of the department of public works and Tampa Electric Company for lighting along public rights-of-way. Specifications for poles along private rights-of-way must also be approved by the department of public works.

(c)

The developer or an existing neighborhood or commercial area may make an up-front lump sum payment, bond the cost or request that the city or CDD levy a special assessment for the cost of streetlights.

(1)

Lump sum and bonded payment. The lump sum payment or bond shall be due to the city during the final plat process. The lump sum payment or bond shall cover the base facility charge for twenty (20) years (the average life of the lighting system).

a.

Streetlight formula. The streetlight formula employed by the city to determine the lump sum payment or the amount of the bond is as follows

(Base facility charge + pro rata share of franchise fee) × number of locations × 12 months × 20 years

b.

Streetlights on public rights-of-way. The following shall apply to streetlights installed on public rights-of-way:

1.

Payment. The developer may either

i.

pay the lump sum amount pursuant to the streetlight formula, or

ii.

post a performance bond to insure that the lump sum will be paid in the future.

2.

The developer's streetlight cost shall include the equipment, material and installation costs (base facility charge).

3.

The city shall pay the fuel, energy and maintenance costs. The city shall contract with TECO to install the streetlights and pay the entire TECO monthly bill.

c.

Streetlights on private rights-of-way. The following shall apply to streetlights installed on private rights-of-way:

1.

Payment. The developer may either

i.

post a performance bond using the streetlight formula as, or

ii.

provide the city with a copy of an executed agreement with the company which will install the streetlights. The agreement must be approved by the city attorney's office and the department of public works.

d.

If a developer chooses to bond the streetlight cost, the bond shall not be extended if one-third (⅓) or more of the total number of units in the subdivision have received a certificate of occupancy.

(2)

Special assessment. A developer or an existing neighborhood or commercial area of any subdivision may apply at the final plat submission to the city for a special assessment to be levied against the lots in the subdivision for the full amount of the streetlight costs on public rights-of-way in the subdivision including all administrative expenses associated with the special assessment on a yearly basis.

a.

Public hearing to establish. After public notice city council shall hold a public hearing to establish a special assessment program for the area in the application.

b.

Levy. The special assessment shall be levied by the city pursuant to F.S. § 197.3632, the Uniform Method for the Levy, Collection, and Enforcement of Non-ad Valorem Assessments.

c.

Interim costs. At the final plat submission between the date of final plat approval and the inclusion of the subdivision or area in the special assessment program, the developer shall contract directly with TECO for the installation of the streetlights and payment of the streetlight costs until the date the special assessment is effective.

d.

Assessments. The special assessments shall be divided into master improvement streetlights and local streetlights and shall be levied according to the benefit provided by the streetlights to each lot. The benefit to each lot shall be determined by the size of each lot. Lots of the same approximate size in a subdivision shall be subject to the same rate(s). City council shall determine if the lots in a subdivision are of the same approximate size; provided, however lots which are of the same approximate size shall not vary more than one thousand five hundred (1,500) square feet in size. The special assessment shall be based on the type of pole and fixture and all associated costs, including administrative costs.

(Ord. No. 89-261, § 2(35-146), 10-12-89; Ord. No. 91-89, § 22, 5-30-91; Ord. No. 96-241, § 42, 10-31-96; Ord. No. 99-177, § 1, 8-5-99; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Nonresidential block sizes. Blocks designed for other than residential use shall be of a shape and size as may be suitable for their prospective use.

(b)

Residential block sizes. The width of any residential block shall be sufficient to allow two (2) tiers of lots of appropriate depth, except where lots abut directly upon an expressway, major arterial, lake, waterway or a land use other than residential. Proper buffering and/or additional lot depth of the residential lots shall be provided where lots abut major streets or nonresidential uses.

(c)

Crosswalks. In blocks over one thousand two hundred (1,200) feet in length or where otherwise deemed necessary to pedestrian access to schools, local shopping centers and parks, rights-of-way for crosswalks, with a minimum width of ten (10) feet, shall be provided.

(Ord. No. 89-261, § 2(35-147), 10-12-89; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Drainage easements. Drainage easements shall be provided in accordance with the standards of the stormwater management division of the department of sanitary sewers.

(b)

Utility easements. Utility easements shall be centered on rear or side lot lines where required. Easements shall be provided in accordance with city and utility company standards. Wherever utility easements are planned adjacent to the subdivision boundary, the full width necessary shall be provided within the proposed subdivision.

(c)

Nonexclusive easements. Whenever possible, the city shall endeavor to allow nonexclusive easements for stormwater and utilities so that the utilities can be located in one (1) easement area.

(Ord. No. 89-261, § 2(35-148), 10-12-89; Ord. No. 91-89, § 23, 5-30-91; Ord. No. 96-241, § 43, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

(a)

Double frontage. Lots having parallel double street frontage shall be avoided, except where essential to provide separation of residential development from railroad or arterial rights-of-way or nonresidential or other more intensive uses. In such cases, provision shall be made either for marginal access streets or for lots backing onto the rights-of-way. Lots backing and fronting upon rights-of-way shall have additional depth so that buffering may be provided.

(b)

Lot lines. Whenever possible, lot lines shall intersect streets and each other at right angles, and in no case shall a lot have an interior angle of less than thirty (30) degrees.

(c)

Lot size. All lots shall have dimensions which conform to the applicable zoning regulations of the city. All new subdivisions shall have corner lots which have a width at least ten (10) percent greater than the minimum width required in Chapter 27 of this Code. Replatting existing lots of record which can still meet building setbacks as required in Chapter 27 will not be required to meet this criteria. In cases where private water and/or sewerage systems are contemplated, lot sizes may be increased as required by the city or state regulations. All odd or leftover pieces of land shall be included within adjoining full lots.

(d)

City limits and lot lines. Lots shall not be designated so as to be divided by the city's boundary lines, except where unavoidable and upon approval of the city council.

(e)

Lots with wells and/or septic tanks. If water and/or sewage disposal are to be provided by individual wells and/or septic tanks, respectively, then the final plat of the subdivision must be submitted to the appropriate state and local government agencies for their approval before approval of the final plat.

(Ord. No. 89-261, § 2(35-149), 10-12-89; Ord. No. 91-89, § 24, 5-30-91; Ord. No. 96-241, § 44, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Except when prohibited by the city, all utilities to be installed in the subdivision; including, but not limited to, those required for distribution lines, electric services, telephone, telegraph and CATV, shall be installed underground. Appurtenances, such as transformer boxes, pedestal-mounted terminal boxes and meter cabinets, may be placed aboveground.

(Ord. No. 89-261, § 2(35-150), 10-12-89; Ord. No. 96-241, § 45, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Permanent reference monuments and permanent control points shall be installed in accordance with the requirements and specifications of F.S. Ch. 177.

(Ord. No. 89-261, § 2(35-151), 10-12-89)

The reconfiguring and platting of lots for multiple unit structures may be permitted. However, the total area of land to be platted will establish the entire subdivision as one (1) zoning lot. Therefore, individual lots within the zoning lot may not be separately developed unless the lot meets all applicable zoning requirements.

(Ord. No. 91-89, § 25, 5-30-91; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)