Refer to intent and declaration of public policy as set forth in section 27-111.

Refer to provisions as set forth in section 27-112.

Refer to provisions as set forth in section 27-112.

(a)

Establishment of committee. The Citizens Advisory Committee for the El Centro Espanol de Ybor building ("El Centro CAC") is hereby established.

(b)

Composition; appointment; terms of members; removal; vacancies.

(1)

The El Centro CAC shall consist of seven (7) members appointed by the mayor and confirmed by city council. All members shall serve for a term of three (3) years. The initial appointments to the committee shall be as follows:

a.

Two (2) members appointed for a term of two (2) years;

b.

Three (3) members appointed for a term of three (3) years; and

c.

Two (2) members appointed for a term of four (4) years.

Thereafter, all appointments shall be made for terms of three (3) years. All members shall serve until the appointment and qualification of a successor.

(2)

No member shall serve more than two (2) consecutive terms on the El Centro CAC.

(3)

Appointments to fill a vacancy shall be for the unexpired term of office and shall be made within ninety (90) days.

(4)

Members of the El Centro CAC shall be residents of the City of Tampa.

(5)

Any member who misses three (3) consecutive regular meetings or more than half the regular meetings in a calendar year shall be automatically removed and the vacancy filled as provided herein, unless such absence is approved by the chairman.

(6)

Appointments shall be made on the basis of demonstrated experience and interest in the fields of historic preservation, construction, architecture, property management or the entertainment or retail/restaurant industries. At least one architect and one historic preservationist/architectural historian shall fill two (2) of the seven (7) positions.

(c)

Organization; conduct of meetings; legal counsel to the committee.

(1)

Organization of the El Centro CAC. The presence of four (4) or more members shall constitute a quorum. A simple majority vote of members present and voting is required for official action by the El Centro CAC.

(2)

Conduct of meetings. The El Centro CAC shall adopt rules for governing the conduct of its affairs not inconsistent with the provisions of this division, and specifically:

a.

The officers of the El Centro CAC shall be Chairman and a Vice-Chairman who shall be elected by the El Centro CAC.

b.

The El Centro CAC shall meet in regularly scheduled monthly meetings during the design and rehabilitation of the El Centro Espanol De Ybor building ("El Centro") and at least once a year after the certificate of occupancy is issued for the El Centro. The El Centro CAC, upon motion or notice by the Chairman may set meetings more frequently as needed. The El Centro CAC may, at any properly noticed meeting, set a future meeting date.

c.

Minutes shall be kept of all members specifically including the vote of each member upon each question before the El Centro CAC and all meetings shall be publicly noticed and open to the public.

d.

The El Centro CAC shall have an administrator who shall be the ARC Administrator and who shall bear the responsibility to implement the powers and duties of the El Centro CAC.

e.

Any recommendation to the city shall be by motion and approved by a majority of those present and voting, except that at least four (4) members must vote for the action to be official.

f.

The El Centro CAC shall have an agenda for each meeting which shall be posted and mailed to the affected parties. If, after issuance of the Certificate of Occupancy for the El Centro Espanol de Ybor building, no agenda items are pending, the chairman may cancel a meeting.

(3)

Legal counsel to the committee. The city legal department shall provide legal counsel as may be reasonably required by the El Centro CAC for the proper performance of its duties.

(d)

Compensation. The members of the El Centro CAC shall not be entitled to compensation, pension, or other retirement benefits by virtue of serving on the El Centro CAC, but shall be entitled to receive their travel expenses and other actual El Centro CAC expenses 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.

(e)

Conflict of interest. No matter of the El Centro CAC shall vote on any matter that may directly affect the prosperity, income or business of that member. Any member who abstains from voting under this subsection shall not be counted as a part of the total membership for voting purposes on the vote.

The El Centro CAC shall have the power and duty to:

(a)

Adopt rules for the conduct of its meetings;

(b)

As its principal duty, provide guidance to the mayor and the city council by reviewing the physical characteristics, management, use, and ownership of the El Centro, and any changes thereto, and recommend a course of action with regard to the same;

(c)

Specific tasks and projects to be undertaken by the El Centro CAC shall be determined in accordance with the sublease between the city and the Florida Department of State, Division of Historical Resources ("division") with the advice and direction of the mayor;

(d)

The El Centro CAC may recommend studies and analysis of any projected change in use, management or ownership as such affects the historical integrity of the El Centro; and

(e)

Carry out all other duties relating to the El Centro as required.

(a)

Creation. There is hereby established the historic preservation commission (HPC) of the city which shall consist of seven (7) members and two (2) alternate members. Four (4) members and one (1) alternate member shall be appointed by the mayor and approved by the city council and three (3) members and one (1) alternate member shall be appointed by the city council. The members shall have a demonstrated interest, competence, experience or knowledge in historic preservation, architecture, history, architectural history, planning, archaeology, development, real estate appraisals, real estate marketing, law or other related disciplines. Four (4) of the members shall be architects, architectural historians, historic preservationists, urban planners, historians or archaeologists with at least one (1) architect and one (1) architectural historian or historic preservationist. Members of the HPC shall not sit as officers or board members of local preservation related organizations.

(b)

Term and eligibility. All appointments shall be made for terms of three (3) years. No member, including alternate members, shall serve more than two (2) consecutive terms on the HPC. 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 HPC unless a minimum of one (1) year has transpired. Members of the HPC shall be residents of the City of Tampa. Any member who misses three (3) consecutive regular meetings or more than half of the regular meetings in a calendar year shall be automatically removed from the HPC, unless such absence is approved by the chairman.

(c)

Officers. The HPC shall each year elect members to serve as chair and vice-chair. The chair shall preside at meetings of the HPC and shall have the right to vote. In the absence or disability of the chair, the vice-chair shall perform the duties of the chair. In the absence or disability of the chair and vice-chair, a temporary chair shall be elected on an as-needed basis from the members present.

(d)

Staff. There shall be an administrator, who shall be designated by the director of planning and development, who shall be responsible to assist the HPC in the implementation of its duties as provided in section 27-254, Powers and duties of the HPC and HPC staff. The HPC administrator and staff shall not sit as officers or board members of local preservation related organizations.

The HPC administrator and staff shall act in an impartial manner in all matters involving the HPC. Except with respect to being compensated by the city for carrying out their official duties, the HPC administrator and staff shall be prohibited from receiving any remuneration in connection with any matters that are filed with the HPC. Except with respect to their official duties, the HPC administrator and staff shall not participate in activities relating to matters filed with the HPC.

(e)

Meetings. The HPC shall meet at least quarterly at a regularly scheduled time with advance notice given and an agenda available prior to the meeting. The chairman 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 public meeting unless addressed sooner at an emergency meeting. Additional meetings may be called by the chairman or upon the request of four (4) members of the HPC. All meetings of the HPC shall be open to the public. Applicants shall be given notice of the HPC's meetings, as required pursuant to section 27-262, and its decisions on their applications.

(f)

Rules of procedure. The HPC shall adopt and make public rules for the transaction of its business. A quorum shall consist of four (4) members of the HPC. A majority of those HPC members present shall be required for official action.

(g)

Minutes and annual report. The HPC staff and administration shall prepare and keep on file, available for public inspection, minutes of its meetings and a written annual report to the mayor and city council of its activities, cases, decisions, workplan, qualification of members and other work. The minutes shall include the reasons for the decisions of the HPC.

(h)

Compensation. The members of the HPC shall not be entitled to compensation, pension, or other retirement benefits by virtue of serving on the HPC, but shall be entitled to receive their travel expenses and other actual HPC expenses, as approved by the director of growth management and development services, 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.

(i)

Conflict of interest. HPC 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)

Power and duties of the HPC.

(1)

Adopt rules for the conduct of its meetings;

(2)

Develop an annual work program including survey and research activities, the development of design standards, training and education programs and appropriate staffing levels;

(3)

Develop and recommend to city council design standards for designated historic districts, multiple property designations, historic conservation overlay districts, landmarks and landmark sites, after obtaining a recommendation from the applicable design review commission;

(4)

Work with and advise the federal, state, and county governments and other departments or commissions of city government regarding issues related to historic preservation within the city;

(5)

Review the provisions of this chapter and other city ordinances and regulations, including the Tampa Comprehensive Plan, in order to recommend amendments that will promote the preservation of landmarks, landmark sites, multiple property designations, historic conservation overlay districts, and historic districts;

(6)

Review and advise in the preparation of National Register of Historic Places proposals;

(7)

Review and make recommendations to city council on nominations received by the HPC for the designation of landmarks, landmark sites, multiple property designations, historic conservation overlay districts, and historic districts;

(8)

Advise the city in the administration of the city's certified local government program, including other responsibilities that may be delegated to the city under the National Historic Preservation Act of 1966, as amended from time to time;

(9)

Advise the city in the administration of the designated historic landmarks, landmark sites, and contributing buildings in historic districts, historic conservation overlay districts, and multiple property designations owned by the city;

(10)

Report violations of the city historic preservation ordinance to the appropriate city department for action;

(11)

Review initial designations of contributing status and change in status when requested to do so by an applicant;

(12)

Review demolition permit applications for historic properties located within the city excluding those which fall under the jurisdiction of the Architectural Review Commission ("ARC") or the Barrio Latino Commission ("BLC");

(13)

Direct HPC administrator and staff to regularly update the official historic district building inventory to include all amendments or rescissions to designations that do not result in changes to the perimeter boundary of a historic district;

(14)

Make any recommendation regarding preservation issues; and,

(15)

Exercise such other powers and perform such other duties as are required elsewhere by this chapter, this code and state statutes.

(b)

Duties of the HPC administrator and staff.

(1)

Administer a community outreach program for historic preservation, including, but not limited to, undertaking educational and research programs including acting as the custodian of the city's historic preservation documentation, maps, materials, and archives, the Tampa Historic Register, collecting historic preservation records and photographs, preparing publications on historic preservation, and providing educational materials, seminars and advice to historic districts and neighborhood and civic groups on historic preservation.

(2)

Review and advise in the preparation of applications for historic preservation oriented grants and advise the city on the use of funds obtained from public and private sources to be used for the preservation of historic property or for educational or research purposes in accordance with federal, state and city regulations.

(3)

Assist in the implementation and administration of the Interstate Historic Preservation Trust Fund.

(4)

Perform such other duties as are required elsewhere by this chapter, this code and state statutes.

(Ord. No. 2007-156, § 5, 7-26-07)

(a)

Proposed additions to the National Register of Historic Places. Under the Florida Certified Local Government Guidelines, published by the Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation, as may be amended from time to time, the city is delegated the responsibility to review and, if deemed appropriate, to comment on proposed additions to the National Register of Historic Places.

(b)

Review by the HPC. The HPC may obtain comments from the public that shall be included in its report making its recommendation. When the HPC considers a proposed listing on the National Register of Historic Places that would normally be evaluated by a professional in a specific discipline and that discipline is not represented on the HPC, the HPC may seek professional expertise in this area before rendering a decision. If the HPC recommends against National Register designation, the HPC shall, within fifteen (15) days after its hearing, forward to the state historic preservation officer its recommendation regarding the proposed listing on the National Register of Historic Places. The mayor, city council members, the owner and the applicant shall be notified of the HPC's recommendation against designation.

(Ord. No. 2007-156, § 6, 7-26-07)

(a)

Application for designation. When a person or entity wishes to designate a landmark, landmark site, multiple property designation, historic conservation overlay district, or historic district (known collectively as "HPC applications"), that person or entity shall file an application for designation with the HPC's staff administrator on forms provided by the city. The administrative review fee for such applications shall be as prescribed by city council resolution.

(b)

Public hearing by the HPC regarding recommendations to city council on proposed designations.

(1)

Public notice. The required public notice shall be governed by section 27-149. Mailed notice to the property owner, if the applicant is not the property owner(s) or an agent thereof, shall include mailed notice to the owner of every parcel of land which is subject to the proposed HPC application. Per section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the HPC administrator. If the HPC administrator is serving as the applicant, the HPC administrator shall submit the required affidavit of compliance to the chair of the HPC.

(2)

Standard of review. The HPC shall consider the proposed HPC application at a public hearing in which the HPC shall take testimony and consider evidence in rendering a recommendation to city council on the proposed HPC application. The HPC shall apply the criteria established in section 27-257 herein when making a recommendation to the city council on a designation.

(c)

Review by the planning commission. Upon receipt of the HPC's full report and analysis concerning a proposed HPC application the HPC administrator shall forward the report and analysis to the planning commission staff for an administrative review. The planning commission shall, within thirty (30) days of receipt, submit its report to city council giving information on the relationship between the proposed designation and the adopted City of Tampa Comprehensive Plan.

(d)

Designation process. The designation of a landmark, landmark site, multiple property designation, historic conservation overlay district, or historic district may only be considered by city council upon the recommendation of the HPC. Upon receipt of the HPC's recommendation either in support of or in opposition to the designation and a copy of the full report and analysis of the proposed landmark, landmark site, multiple property designation, historic conservation overlay district, or historic district under the criteria established in section 27-257 herein, the city council shall hold the public hearing pursuant to section 27-262.

(Ord. No. 2020-166, § 35, 12-17-2020)

When designating a landmark, landmark site, multiple property designation, historic conservation overlay district, or historic district, the HPC and city council shall apply the following criteria:

(a)

The building, site, structure, object, or district:

(1)

Was constructed or achieved its significance during the period of historic significance as delineated in the National Register of Historic Places guidelines or as established in the nomination pursuant to those guidelines; and

(2)

Has a quality of significance in American, state or local history, architecture, archeology, engineering, and culture which is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and

i)

That are associated with events that have made a significant contribution to the broad patterns of our history (otherwise known as criterion "A" of the National Register criteria);

ii)

That are associated with the lives of persons significant in our past (otherwise known as criterion "B" of the National Register criteria);

iii)

That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction (otherwise known as criterion "C" of the National Register criteria); or

iv)

That have yielded, or may be likely to yield, information important in prehistory or history (otherwise known as criterion "D" of the National Register criteria); and

(b)

The district:

(1)

Has a character as a geographically definable area possessing a significant concentration of buildings, which are well designed, and other structures, sites and objects, all of which are united by past events or by a plan or physical development; or

(2)

Has a character as an established and geographically definable neighborhood united by culture, architectural styles or physical development; and

(c)

In addition to the criteria set forth in subsections (a) and (b) above, the HPC and city council shall consider the following factors for a landmark, landmark site, or multiple property designation:

(1)

Whether the owner(s) supports the designation.

(2)

Whether the owner(s) has timely applied for and adequately established an economic hardship in accordance with the requirements set forth in section 27-259, and, if so whether economic incentives are applicable to adequately offset any economic hardship.

(Ord. No. 2007-156, § 8, 7-26-07)

The designation of a building, site, structure, or object as a landmark shall be accompanied by the designation of a landmark site. There shall be a rebuttable presumption that the entire parcel or parcels of land upon which the proposed landmark is situated is contributing and necessary for the proper appreciation of the historic property, provided, however, the HPC shall consider the context and configuration at the time the building, site, structure, or object achieved historical significance. A landmark site may be designated without the designation of a landmark, if the landmark site has significance other than being the previous location of a landmark.

(Ord. No. 2007-156, § 9, 7-26-07)

(a)

Application for determination of economic hardship. An owner of property recommended by the HPC for designation as a landmark, landmark site, or multiple property designation may be entitled to initiate, at the owner's discretion, a request for determination by the HPC of whether an economic hardship exists in order to abate the designation of the landmark, landmark site, or multiple property designation as provided for in section 27-256(c)(4). If such property owner has elected to initiate an economic hardship determination pursuant to section 27-256(c)(4), the property owner shall file an application for determination of economic hardship with the HPC administrator in accordance with this section 27-259(b) within sixty (60) days after the city clerk receives the owner's notice of election as set forth in section 27-256(c)(4). The HPC shall schedule a hearing on the matter within sixty (60) days of receipt of a complete application. The filing of an application for an economic hardship determination shall stay all related proceedings, permits or approvals. Failure to file a complete application, within the time period set forth herein, shall result in the city council proceeding with its consideration of the proposed nomination for designation, provided however, one (1) extension for good cause, not to exceed sixty (60) days, may be granted by the HPC administrator. The request for extension of time shall be in writing, received by the HPC administrator prior to expiration of the deadline provided herein, and shall state the reason(s) for which an extension of time is necessary.

(b)

Application form. The application for determination of economic hardship shall be sworn to by affidavit and should be on forms provided by the city and shall include the following:

(1)

The following mandatory information, the absence of which could be a basis for denial absent the showing of good cause:

i)

The amount paid for the property, the date of purchase and the party from whom purchased, including any reasonably available information necessary to establish that it was an arms-length purchase between the owner of record or applicant and the person from whom the property was purchased, and any terms of existing financing between the seller and buyer;

ii)

The assessed value of the land and improvements thereon according to the three (3) most recent assessments by the Hillsborough County Property Appraiser;

iii)

Real estate tax bills for the previous three (3) years;

iv)

All appraisals of the property in the possession of owner or its agents, whether performed for the owner or for third parties (including for, example, appraisals performed by owner, a lender, or a prospective purchaser);

v)

Estimated market value of the property: (a) in its current condition; (b) after being designated;

vi)

Estimated costs, fees, and expenses, as appropriate, of the costs of demolition, relocation, removal, rehabilitation, or restoration of the property including any analysis obtained from qualified professionals within the previous three (3) years and any increase or decrease in the costs and expenses of operation and maintenance of the property after completion thereof;

vii)

Itemized cost and expense of all maintenance and improvements within the prior three (3) years and any estimates of increases or decreases thereto by virtue of designation;

viii)

Credible information from qualified professionals or the property owner regarding the structural soundness of the structure(s) and suitability for rehabilitation;

ix)

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous three (3) years; and

x)

Form of ownership or operation of the property.

xi)

Any offers received to purchase or lease the property within the prior three (3) years, and any listing of the property for sale or lease made within the prior three (3) years including any listing agreement or advertisements;

xii)

All existing reports in the possession of owner or its agents relating to the economic feasibility of restoring or rehabilitating the property obtained within the previous three (3) years, including any market studies or evaluation of alternative adaptive reuses of the property;

xiii)

For income-producing property:

1.

Annual gross income from the property for the previous three (3) years;

2.

Itemized operating and maintenance expenses for the previous three (3) years;

3.

Annual cash flow, if any, for the previous three (3) years; and

4.

Depreciation deduction and annual cash flow before and after debt service, if any, for the previous three (3) years.

(2)

The following additional information, while not mandatory, may be very significant in establishing that an economic hardship exists:

i)

A reasonably current appraisal by a qualified professional expert setting forth the current fair market value of the property as currently zoned, both undesignated and designated;

ii)

Any other information, including the adjusted basis of the property, which would assist in making a determination as to whether the property currently yields or may yield after rehabilitation or restoration a reasonable return to the owners, e.g., a pro forma financial analysis;

The determination of economic hardship must be based on substantial competent evidence. The weight given to the evidence provided pursuant to sections 27-259(b)(1) and (2), in determining whether an economic hardship exists, shall be within the sound discretion of the factfinder(s).

(3)

The administrative review fee for such application shall be as prescribed by city council resolution.

(c)

Independent reports. The HPC or its administrator may obtain report(s) from independent qualified professionals knowledgeable as to any matters relevant to the HPC's evaluation of the application.

(d)

Administrator's report. The HPC administrator may provide a written report to the HPC as to matters relevant to the application. The administrator shall provide a copy of the report to the HPC and the affected property owner at least fifteen (15) days before the public hearing on the application, together with any independent reports that have been obtained by the administrator.

(e)

Public hearing by the HPC. The HPC shall hold a public hearing on the application within sixty (60) calendar days after the receipt of the complete economic hardship application, or any amendment thereof. Notice of the HPC hearing shall be pursuant to section 27-149. Upon the written request of the affected property owner, the public hearing date may be continued for thirty (30) calendar days, and upon mutual agreement of the HPC and the affected property owner, for an additional thirty (30) calendar days thereafter. The affected property owner shall be given an opportunity to present evidence and witnesses, to cross-examine witnesses, and the right of rebuttal. The affected property owner shall have the burden to prove that, if designated, it would subject the property owner to an economic hardship. The HPC, after consideration of the evidence submitted and testimony provided during the public hearing, may request additional documentation to assist in its determination. Depending on the nature of the request, the HPC may continue the public hearing in order to allow a reasonable period of time for preparation and submittal of the requested documentation.

(f)

Decision on an application for determination of economic hardship. At its public hearing, the HPC shall review the application, the city staff report, testimony and other evidence to determine if the affected property owner has demonstrated that the property, if designated, would subject the property owner to an economic hardship. If the HPC does not find that economic hardship has been demonstrated, the economic hardship application shall be denied and the designation process shall proceed, unless timely appealed in accordance with section 27-263(b). In making its determination, the HPC shall consider the information set forth in the application, the application materials, the professional qualifications, expertise, and credibility of the witness(es) and the evidence presented, giving greatest weight to the following factors:

(1)

Testimony from the property owner or qualified professional or expert, such as an architect, engineer, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of any existing structure on the property or other matter relevant to the determination of economic hardship;

(2)

Any other information, including the adjusted basis of the property, which would assist in making a determination as to whether the property does yield or may yield a reasonable return to the owner(s) commensurate with the risk of restoration or rehabilitation, e.g., a pro forma financial analysis.

(3)

The relation of the fair market value of the property in its current condition plus rehabilitation expenditures to the fair market value of the property upon rehabilitation;

(4)

The costs, expenses and time requirements of rehabilitation;

(5)

Economic incentives applicable to the owner or property if designated;

(6)

Whether the property was allowed to fall into a state of disrepair by the current owner or a prior related owner and the extent to which that neglect may have caused the value of the property to decline or the costs of rehabilitation to escalate; and,

(7)

Whether or not the property is or is not in compliance with Chapter 5 and Chapter 19, City of Tampa Code of Ordinances. An affidavit from the City of Tampa Building Official or the CE Director, is admissible in this regard.

(8)

The likely effect of designation on property value.

The weight given to the factors to be considered pursuant to section 27-259(f), in determining whether an economic hardship exists, shall be within the sound discretion of the factfinders.

(Ord. No. 2007-156, § 10, 7-26-07; Ord. No. 2020-166, § 36, 12-17-2020)

(a)

Review by the staff of the threat. The city shall notify the HPC administrator within seven (7) calendar days of receipt of an application for a demolition permit to any building, site, structure, or object that is fifty (50) years or older. The HPC administrator shall have twenty-eight (28) calendar days from receipt of notice of an application for a demolition permit to review same and determine whether the building, site, structure, or object either meets the criteria included in section 27-260(b) below, or is listed on the HPC's workplan. If the building, site, structure, or object does not meet the criteria included in section 27-260(b) below or is not listed on the HPC's workplan, the HPC administrator shall immediately advise the city that there are no objections to the application for demolition permit. The approval of a demolition permit is in effect for one (1) year from the date of approval. If the HPC administrator determines that the building, site, structure, or object does meet the criteria included in section 27-260(b) below or is listed on the HPC's workplan, the HPC administrator shall schedule the application for demolition permit for review by the HPC during its next regularly scheduled meeting.

(b)

HPC public hearing and findings of fact. Within sixty (60) days of receipt by the city of an application for a demolition permit, the HPC may after a duly noticed public hearing pursuant to the provisions of this chapter, request the city council to take emergency action to review a threat to:

(1)

A building, site, structure, or object of architectural, historical or archaeological significance:

i)

that is listed individually in the National Register of Historic Places; or

ii)

that meets the criteria for individual listing on the National Register of Historic Places, but which has not been locally designated under the provisions of this chapter; or

iii)

that is identified as contributing to a historic district that either is pending for listing on or is listed on the National Register of Historic Places, but which is has not yet been designated under the provisions of this chapter.

Such a request stays all action to issue or obtain a permit for demolition or permit for exterior construction activity for the building, site, structure, or object. The HPC shall submit written information to the city council supporting its statement that irreparable harm will be done to the building, site, structure, or object if a demolition for the building, site, structure, or object is issued. The HPC administrator shall submit to the city council all information available regarding the building's, site's, structure's, or object's eligibility for designation. If the HPC determines that the building, site, structure, or object does not meet the criteria for designation, the HPC shall approve the issuance of the demolition permit for the building, site, structure, or object. The approval of a demolition permit is in effect for one (1) year from the date of approval.

(c)

City council public hearing and findings of fact. Within fourteen (14) days of the city council's receipt of the HPC's request for emergency action, the city council shall schedule a public hearing to consider such emergency designation. The city council shall provide the applicant for the permit, the owner of the property and the HPC administrator with a minimum of ten (10) days notice of the scheduled public hearing. All exterior construction activity requiring building permits or the processing of a demolition permit application relating to the building, site, structure, or object shall be stayed until the city council action is taken on the threatened property.

At the public hearing, the HPC administrator shall report to the city council on the architectural, historical or archaeological significance of the threatened building, site, structure, or object, evaluating same under the criteria for designation set forth in this section 27-257 herein. The city council shall hear testimony from the owner, the applicant and all other interested parties. The city council shall not hear any evidence that was not presented at the public hearing before the HPC. If new evidence is presented before the city council, the city council shall refer the matter back to the HPC for reconsideration based upon the new evidence. At the close of the public hearing, the city council shall determine whether to set a public hearing for local designation. In the event the applicant or property owner denies the city access to the property for the purpose of preparing the required report and analysis pursuant to section 27-260(b) above, the city council may extend the stay until the applicant or property owner allows such access.

(d)

Decision by city council. If the city council determines that the building, site, structure, or object does not meet the criteria for designation, the city council shall approve the issuance of the demolition permit for the building, site, structure, or object. The approval of a demolition permit is in effect for one (1) year from the date of approval. If the city council determines that the building, site, structure, or object meets the criteria for designation, the city council shall commence the designation process of the building, site, structure, or object as a landmark or landmark site under the procedures set forth in section 27-256 herein. When an emergency designation is initiated by the city council under this section, the HPC and city council shall make every effort to complete the designation process in the most timely fashion. In every other respect, the designation shall follow the procedure for designation set forth in section 27-256 herein.

(Ord. No. 2020-166, § 37, 12-17-2020)

(a)

Application for initial designation of contributing status for buildings, structures or objects located within an historic district or historic conservation overlay district. When the owner of property located within an historic district desires to have the property designated as "contributing", the owner of the property shall file an application with the HPC administrator on forms provided by the city. The owner of the property shall provide the following information:

(1)

The setting and environment of the site of the building, structure or object;

(2)

Photographs of the location and a detailed site plan showing all existing buildings, structures and objects located on the site and identifying each as such;

(3)

Evidence that the building, structure, or object has retained its historical and architectural integrity and is appropriate to the period of significance of the historic district or historic conservation overlay district.

(4)

Scale drawings of the existing building, structure, object, or site, if available;

(5)

Photographs of the existing building, structure, object, or site in its current state;

(6)

Photographs of the existing building, structure, object, or site at the time originally constructed and during the period of historic significance, if available; and,

(7)

Historical information about the building, structure, object, or site, its evolution and its designation as part of the historic district or historic conservation overlay district in which it is located.

(b)

Application for re-designation of contributing status for buildings, structures or objects relocated into or within an historic district or an historic conservation overlay district. When the owner of a property desires to relocate a building, structure or object into or within an historic district or historic conservation overlay district and to retain its status as "contributing," the owner of the property shall file an application with the HPC administrator on forms provided by the city. The owner of the property shall provide the following information:

(1)

The reason(s) for the relocation;

(2)

The setting and environment of the current site of the building, structure, or object;

(3)

The proposed setting and environment of the building, structure or object, including evidence that the proposed site does not possess historical or archaeological significance that would be adversely affected by the intrusion of the relocated building, structure, or object onto the property;

(4)

Photographs of the proposed location and a detailed site plan showing all existing and proposed building(s), structure(s), or object(s) to be located on the site and identifying each as such; and,

(5)

Evidence that the building, structure or object has retained its historical and architectural integrity, and is appropriate to the period of significance of the historic district.

(c)

Application for change in designation status of building, structure, or object as contributing or non-contributing. When the owner of a property located in a historic district or historic conservation overlay district desires to have the designation status of a building, structure or object changed from contributing to non-contributing, the owner of the property shall make an application for change in designation status to the HPC administrator on forms provided by the city. The owner of the property shall provide the following information:

(1)

The setting and environment of the site of the building, structure or object;

(2)

Photographs of the location and a detailed site plan showing all existing buildings, structures and objects located on the site and identifying each as such;

(3)

Evidence that the building, structure, or object has retained its historical and architectural integrity and is appropriate to the period of significance of the historic district or historic conservation overlay district.

(4)

Scale drawings of the existing building, structure, object or site, if available;

(5)

Photographs of the existing building, structure, object, or site in its current state;

(6)

Photographs of the existing building, structure, object, or site at the time originally constructed and during the period of historic significance; and,

(7)

Historical information about the building, structure, object, or site, its evolution and its designation as part of the historic district in which it is located.

(d)

Filing of application. An application permitted to be filed under this section shall not be considered complete until all required information has been submitted and the application has been accepted by the HPC administrator. The administrative review fee for such applications shall be as prescribed by city council resolution.

(e)

Independent reports. The administrator may obtain report(s) from independent experts to assist the HPC in its evaluation of any application filed under this section 27-261.

(f)

Administrator's report. The administrator shall provide a written report evaluating the application and the building, structure, object, or site, including a recommendation to the HPC, and provide a copy of the report to the HPC and to the property owner at least fifteen (15) days in advance of the public hearing on the application.

(g)

Public notice. Notice of the public hearing shall be pursuant to section 27-149 herein.

(h)

Action on an application. The HPC shall hold a public hearing on each application once the application is complete and accepted by the HPC administrator. The applicant shall have the burden of proof.

(i)

Criteria for review of applications. The criteria to be applied by the HPC in approving or not approving an application filed hereunder shall be the criteria set forth in National Register Bulletin No. 15 or any amendment or replacement thereof.

(j)

Decision. The HPC shall approve or disapprove each application including in its decision its reasons using the criteria contained in this section. The HPC may reconsider or rescind an approval or denial and any conditions attached at the meeting in which the motion was made. The HPC may not rescind motions adopted at previous meetings. Following the public hearing(s) and the HPC's decision on the application, staff shall forward written notice of the decision to the applicant and the HPC shall direct the HPC staff to update the official historic district building inventory to reflect any amendments necessary as a result of its decision.

(Ord. No. 2007-156, § 12, 7-26-07; Ord. No. 2020-166, § 38, 12-17-2020)

(a)

The HPC administrator will schedule the date for the public hearing on the HPC application consistent with city council rules of procedure and forward the application to the city clerk for inclusion on the requested agenda.

(b)

Public notice. The procedures for required public notice shall be governed by section 27-149. Mailed notice to the property owner, if the applicant is not the property owner(s) or an agent thereof, shall include mailed notice to the owner of every parcel of land which is subject to the proposed HPC application. The required mailed notice shall also include the following in substantially the same form:

(1)

The city council has received a recommendation from the HPC to designate the property as a landmark, landmark site or as a part of a historic district, historic conservation overlay district, or multiple property designation under the City of Tampa Historic Preservation Ordinance (a copy of the nomination, HPC recommendation and a legal description of the property is enclosed);

(2)

The city council will consider such proposed designation at a public hearing on (date, time and place);

(3)

The designation of the property as a landmark, landmark site or property within a historic district, historic conservation overlay district, or multiple property designation would make the property subject to the provisions of the City of Tampa Historic Preservation Ordinances;

(4)

If the owner wishes to abate the designation process for a landmark, landmark site or multiple property designation, pending the HPC's determination of whether the designation would result in an economic hardship pursuant to section 27-259 herein, the owner must do so by filing a written notice with the city clerk, with a copy to the HPC administrator, electing to initiate an economic hardship determination. The written notice must be filed with the city clerk within fourteen (14) calendar days of the date of the HPC's written recommendation for designation. If an owner of a property nominated for landmark, multiple property designation or landmark site designation does not initiate an economic hardship determination in accordance with the requirements herein, the city council may proceed with the designation process as set forth herein. If the property owner initiates an economic hardship determination, the procedures and criteria set forth in section 27-259 herein shall apply.

Per section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the city clerk.

(Ord. No. 2020-166, § 39, 12-17-2020)

(a)

Decisions of the HPC, which are limited to recommendations, may not be appealed to the city council. These decisions include but are not limited to: recommendations regarding designation of a landmark, landmark site, multiple property, historic conservation overlay district, or historic district pursuant to section 27-256; recommendations on proposed design standards, including proposed changes thereto, pursuant to section 27-264; and, recommendations on proposed additions to the National Register of Historic Places pursuant to section 27-255.

(b)

For decisions under section 27-259, any aggrieved person who participated during the public hearing may appeal the HPC's decision to the Circuit Court in and for Hillsborough County, Florida. Such appeal shall be by writ of certiorari and shall be filed within 30 days of the HPC's decision. An appeal under this section shall stay all further designation proceedings until the appeal has been resolved.

(c)

For decisions other than those identified in subsection 27-263(a) and subsection 27-263(b) herein, any aggrieved person who participated during the public hearing may appeal a decision of the HPC to the city council in accordance with section 27-61(c).

(a)

New district. The HPC shall notify the property owners in a district recommended for designation of its intent to recommend development of design standards consistent with the Secretary of Interior's Standards for that district and shall request comments from the affected property owners and other interested persons. A draft of the proposed design standards will be available for review and/or purchase at the City of Tampa Historic Preservation office and the city clerk's office at the time the district is recommended for designation.

The HPC shall hold at least one (1) public hearing to hear comments on the proposed design standards. Notice of the public hearing(s) shall be sent to the property owner(s), according to the latest ad valorem tax records, for each parcel of land within the proposed district. This notice shall be mailed to such property owners at their usual post office address, by regular U.S. mail, a minimum of fifteen (15) days prior to date of the HPC's public hearing. After receiving public comments and the applicable regulatory board comments on the proposed design standards at the public hearing(s), the HPC shall, at a regularly scheduled public hearing, make a recommendation to city council to adopt, or adopt with changes, the proposed design standards.

(b)

Existing district. The HPC shall periodically review the design standards for each district in a public hearing with notice given to the property owners within that district. At the time of any proposed change to the design standards for the district, the HPC shall conduct a public hearing with notice given to the property owners within that district. Notice of the public hearing shall be sent to the property owner, according to the latest ad valorem tax records, of each parcel of land within the district. This notice shall be mailed to such property owners at their usual post office address, by regular U.S. mail, a minimum of fifteen (15) calendar days prior to the date of the public hearing. After receiving the public comments and the applicable regulatory board comments on the proposed change(s) to the design standards at the public hearing(s), the HPC, may at a regularly scheduled public hearing, recommend to city council to adopt, or adopt with changes, the proposed change(s) to the design standards.

(a)

Generally. The HPC, on an annual basis or more often if deemed necessary, shall update the list of properties for inclusion in its workplan and submit to the city council for approval. The purpose of the workplan is to identify those properties that require further study and investigation of their architectural or historical significance for possible landmark designation.

(b)

Priorities. The HPC, during its consideration of requests for inclusion in the workplan, shall apply the following system for prioritizing workplan items:

(1)

Priority I items include those properties where there is a:

a.

Perceived threat to a historic property;

b.

Pending or proposed grant application for a historic site;

c.

Pending or proposed redevelopment of a site where property tax incentives are requested;

d.

Need for community recognition of a significant historic site; or,

e.

Participation by property owner or community in research.

(2)

Priority II items include those properties where there is a need for community recognition of a significant historic site and none of the criteria in subsection 27-265(b)(1) apply.

(c)

Notice. With the exception of proposed historic districts, the HPC administrator shall send written notice, at least fifteen (15) days in advance of the public hearing, to the owner(s) of property being considered for inclusion in the HPC's workplan. The owner(s) of the property shall be allowed to participate during the public hearing.

The owner of any building, site, structure, or object recommended for designation by the HPC as such that is subject to a pre-designation stay of permit issuance or of any building, site, structure, or object included on the HPC's workplan, shall comply with all applicable codes, laws and regulations governing the maintenance of property as provided in Chapter 19, Property Maintenance and Structural Standards.

(a)

Generally. There is hereby established an Interstate Historic Preservation Trust Fund. All proceeds derived by the city in connection with the sale of the sites and rehabilitated homes impacted by the Florida Department of Transportation's expansion of Interstate-4 and Interstate-275 shall be placed in a designated trust fund account for use by the city in connection with public improvement projects or for historic preservation purposes in the Ybor City National Historic Landmark District, the Tampa Heights National Register Historic District, or the West Tampa National Register Historic District.

(b)

Advisory committee. The mayor shall create an advisory committee to the Interstate Historic Preservation Trust Fund, which shall consist of three (3) regular members and one (1) alternate member. The advisory committee shall adopt rules and procedures to determine eligibility for participation in the historic preservation trust fund programs. The advisory committee shall also make recommendations to the mayor and city council as to disbursements from the historic preservation trust fund.

(c)

[Reserved.]

(d)

Administration. The historic preservation trust fund shall be administered by the HPC administrator and staff.

(e)

Fee. Applicants seeking funding from the trust fund shall pay, at the time of filing, a fee as established by the city council by resolution.

(f)

Appeals. An appeal from a decision or determination of the HPC administrator shall be filed with the historic preservation trust fund advisory committee within thirty (30) days of the date of the decision or determination. The advisory committee shall consider the appeal at its next regularly scheduled meeting, and 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 HPC administrator based the determination. Appeals from a historic preservation trust fund advisory committee decision or determination shall be appealed in accordance with section 1-19.

The various chapters of the City Code provide the official with authority to establish and publish technical standards for use in implementing those land development regulations. Those technical standards are filed with the city clerk and available to the public pursuant to the provisions of each land development code. In the event of a conflict between the specific technical standards for a distinct historic preservation district in which a property is located and the provisions of this chapter, the more restrictive standards shall apply.

(Ord. No. 2024-16, § 11, 2-1-2024)

The 2000 Edition of the Tampa Heights Historic District Design Guidelines is hereby adopted by reference, as it may be amended from time to time, and it, therefore, has the force and effect of law.

(Ord. No. 2000-235, § 4, 8-31-00)

The 1995 edition of the Seminole Heights Design Guidelines is hereby adopted by reference, as it maybe amended from time to time, and it, therefore, has the force and effect of law.

(Ord. No. 2002-21, § 2, 1-3-02)

The 1988 edition, as revised by the September 1989, September 1991 and September 2002 amendments, of the Hyde Park Design Guidelines is hereby adopted by reference, and, therefore, has the force and effect of law.

(Ord. No. 2002-22, § 2, 1-3-02; Ord. No. 2002-230, § 1, 10-10-02)

The 2003 Edition of the Ybor City Historic District Design Guidelines is hereby adopted by reference, as it may be amended from time to time, and it, therefore, has the force and effect of law.

(Ord. No. 2002-23, § 2, 1-3-02; Ord. No. 2003-152, § 4, 6-26-03)