For the purpose of this article, the following classifications of zoning districts are hereby established for use within the city:

(Code 2001, § 25.500; Ord. No. 164, 7-19-1966; Ord. No. 431, 2-16-1982; Ord. No. 438, 5-3-1982; Ord. No. 462, 1-4-1983; Ord. No. 541, 3-29-1985; Ord. No. 655, 5-17-1988; Ord. No. 715, 1-23-1990; Ord. No. 751, 9-4-1990; Ord. No. 754, 9-17-1990; Ord. No. 825, 1-19-1993; Ord. No. 1278, 8-17-2010; Ord. No. 1399, § 2(Exh. B), 7-19-2016)

(a)

The location and boundaries of zoning districts established within the city shall be shown on the map entitled "Official Zoning Map of the City of Temple Terrace, Florida," as amended, and as said map may be amended subsequent to the adoption thereof. Said map sections or portions thereof, together with all notations, dimensions, designations, references and other data shown thereon, are hereby adopted and made part of this article to the same extent as if the information set forth in said map were fully described and incorporated herein.

(b)

The official zoning map shall be identified by the signature of the mayor, attested to by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in section 12-188 of the Code of Ordinances of the City of Temple Terrace, Florida."

(c)

Regardless of the existence of purported copies of the zoning map which may from time to time be made or published, the official certified zoning map, which shall be located at the office of the community development director, shall be the final authority as to the current zoning status of lands, buildings, and structures within the city.

(d)

The official zoning map shall be updated annually, at a minimum, by the community development department.

(Code 2001, § 25.505; Ord. No. 1161, 2-21-2006; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

The location of any zoning district boundaries shown on the zoning map shall be determined by the following rules:

(1)

Zoning district boundary lines are intended to follow centerlines of streets or alleys, street or railway right-of-way or watercourses or be parallel or perpendicular thereto, unless said zoning district boundary lines are fixed by dimensions as shown on the zoning map;

(2)

Where zoning district boundaries approximately follow platted lot lines on the zoning map, said limits shall be construed to be said boundaries;

(3)

Where zoning district boundaries approximately follow city limits, said limits shall be construed to be said boundaries;

(4)

On unsubdivided property, or where a zoning district boundary divides a lot, the location of any said boundary, unless the same is indicated by dimensions shown upon the zoning map, shall be determined by the use of the scale shown upon said map;

(5)

If, after the application of the foregoing rules, uncertainty exists as to the exact location of a zoning district boundary, the city council shall determine and fix the location of said boundary line following a public hearing. Notice of said public hearing shall be published at least thirty (30) days prior to the date of said hearing in a newspaper of general paid circulation in the municipality and shall contain the date, time, place and purpose of the hearing. (Ord. No. 164, 7-19-1966; Ord. No. 536, 3-19-1985; Ord. No. 715, 1-23-1990)

(Code 2001, § 25.510; Ord. No. 164, 7-19-1966; Ord. No. 536, 3-19-1985; Ord. No. 715, 1-23-1990)

Only those uses specifically listed as being permitted within a zoning district shall be permitted in said zoning district, and only in accordance with any stipulated provisions. Unless otherwise stated herein, it is the intent of this LDC that any use or class of use not specifically listed as permitted shall be expressly prohibited.

(Code 2001, § 25.515; Ord. No. 796, 12-3-1991)

Each building, structure, or use erected or established shall be located upon a single-family residential zoning lot as herein defined and, except as herein may be provided, there shall be no more than one principal building, structure, or use upon any single-family residential zoning lot.

(Code 2001, § 25.520; Ord. No. 796, 12-3-1991; Ord. No. 876, 8-2-1994)

No manufactured homes, including mobile homes, shall be permitted within the corporate limits of the city, except in an approved mobile/manufactured home park in a R-MFA Alternate Multi-Family Residential or E-I Educational/Institutional zoning district.

(Code 2001, § 25.525; Ord. No. 877, 8-2-1994)

(a)

General conditions. This article, including the zoning map, may be amended by the city council on its own motion, on petition or on recommendation of the planning commission, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall submit its report within thirty (30) days after receiving an amendment proposal from the city council for review; otherwise said amendment shall be deemed to have been approved by said planning commission. Before enacting an amendment to these regulations, the city council shall give public notice and hold hearings thereon as set forth in this article. (Ord. No. 164, 7-19-1966; Ord. No. 715, 1-23-1990)

(b)

Application for amendment.

(1)

General.

a.

Applications for amendment may be in the form of proposals for amendment of the text of this article or proposals for amendment of the zoning map; for the purposes of this article, map amendments and text amendments shall be collectively referred to as zoning reclassifications. Applications for zoning reclassifications may be made only by a property owner, contract purchaser or person financially interested in the property to be reclassified, or by a governmental agency. Applications shall be filed in triplicate with the community development director; provided, however, that the city council may, on its own motion, commence the procedure for a zoning reclassification without filing a formal application. (Ord. No. 1161, 2-21-2006)

b.

All nongovernmental zoning reclassification shall be accompanied by a filing fee of in the amount established by the city's schedule of fees and charges for development permits. No filing fee shall be refunded unless the application is withdrawn prior to the time it is ordered to be advertised. In no event shall more than four-fifths (⅘) of the filing fee be refunded.

(2)

Signature of applicant and owner required. All applications for zoning reclassifications shall be signed and verified under oath by the applicant and owner and shall state the applicant's and owner's name and address.

(3)

Application for text amendment. In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted.

(4)

Application for map amendment. An application for a map amendment shall include the following information:

a.

The street address of the land proposed to be reclassified or if no street address exists, the location with respect to the nearest public roads in common use;

b.

A boundary survey or sketch with the legal description, by metes and bounds, bearings and distances or by reference to the lot, block and appropriate plat references, and acreage of the subject site that is signed and sealed by a surveyor;

c.

The present zoning classification and the classification proposed for such land;

d.

The name(s) and addresses(es) of all owners of the land to be reclassified;

e.

The application number, date of application, and action taken on all prior applications filed for the reclassification of the whole or any part of the land;

f.

The zoning of the property(ies) immediately adjacent to the site proposed to be rezoned, including surrounding jurisdictions; and

g.

Documents that clearly identify all individual and/or corporate property owner(s), registered agent(s), authorized agent(s), etc., that may act on behalf of the property owner for the requested rezoning classification.

(5)

Posting of property.

a.

At least one sign shall be erected by staff on the property on each road the property has access to and multiple signs posted, on lots with greater than one hundred fifty (150) feet of road frontage or in excess of one acre, along the road, at least ten (10) days prior to each public hearing, unless the first notice letter included all public hearing dates. A picture shall be taken of the sign posted on the site and an affidavit indicating that the city posted a sign on the property on a certain date that meets this requirement and both shall be kept as part of the zoning application record. The minimum size of such sign shall be twelve (12) by eighteen (18) inches. The sign shall state the application number, present zoning classification, proposed zoning classification, property address, scheduled date, time and place of the public hearing, and the telephone number to call for further information.

b.

If the land sought to be reclassified lies within more than one block, as shown on a plat recorded in the land records of the county, a sign shall be erected on each such block.

c.

The sign shall remain posted on the property until after the second public hearing and then be removed unless a petition for a reconsideration shall have been submitted, in which event such sign shall remain until after the city council disposes of the petition for reconsideration. It shall be unlawful for any person to remove or tamper with such sign.

(6)

Review by planning commission. Within five (5) days after acceptance of any such application, the director or designee shall transmit a copy of the rezoning application to the planning commission staff, DRC, city clerk, city attorney, and other agencies or organizations deemed necessary by the director. Once the director or designee determines the application is sufficient, the director shall inform the applicant in writing, by email, fax, or U.S. mail, that the application has been deemed sufficient and sent to the DRC and planning commission for review. An ordinance for consideration by the city council shall be generated and reviewed by the director or his designee and the city attorney for approval. (Ord. No. 164, 7-19-1966; Ord. No. 444, 6-8-1982; Ord. No. 492, 10-18-1983; Ord. No. 715, 1-23-1990; Ord. No. 1002, 9-9-1999; Ord. No. 1161, 2-21-2006)

(c)

Hearing procedure.

(1)

A date, time and place for a public hearing on the application shall be established.

(2)

Applicant notice. A minimum of ten (10) days' notice shall be provided to the applicant in writing, by email or U.S. mail, prior to each public hearing, or the first public hearing if multiple public hearing dates are included in the first notice to the applicant, regarding the requested rezoning, subject property, and public hearing date, time, and location. An affidavit indicating that the city sent such notice on a certain date that meets this requirement shall be kept as part of the zoning application record.

(3)

Notice to surrounding property owners. A minimum of ten (10) days' notice shall be provided to the surrounding property owners within one hundred (100) feet of the rezoning request for map amendments prior to each public hearing, or the first public hearing if multiple public hearing dates are included in the first notice to the property owners. The notice shall include a summary of the requested rezoning, applicant, property owner, map identifying the subject site, and public hearing date, time, and location. The properties within one hundred (100) feet of the subject site shall be generated from the Hillsborough County Property Appraiser's Office website. An affidavit indicating that the city sent such notice on a certain date that meets this requirement shall be kept as part of the zoning application record.

(4)

The cost of the legal advertisements required shall be borne by the applicant and paid in accordance with procedures established by the city manager or designee.

(5)

Zoning reclassification applications for text and map amendments shall require two (2) public hearings and notices of said public hearings to be published in a newspaper of general paid circulation in the municipality. It is the legislative intent that, whenever possible, the advertisement appears in a newspaper that is published at least five (5) days a week unless the only newspaper in the community is published less than five (5) days a week. Said notice for zoning map amendments shall appear at least seven (7) days prior to the date of the first public hearing and at least five (5) days prior to the second public hearing, and for zoning text amendments shall appear at least ten (10) days prior to the date of each public hearing, and each newspaper advertisement for zoning map or text amendments shall contain the date, time and place of the hearing, together with a summary of the proposed amendment. An affidavit indicating that the city advertised such notices in the newspaper on a certain date that meets this requirement shall be kept as part of the zoning application record.

(6)

If a comprehensive plan amendment is required, it shall be processed in accordance to state statutes. A zoning reclassification application can be processed concurrently with the comprehensive plan amendment, however, the zoning change shall not be effective until the comprehensive plan amendment is finalized in accordance to state statutes. The cost of legal advertisements required shall be borne by the applicant and paid in accordance with procedures established by the city manager or designee.

(7)

No fee is required for applications for amendments to the comprehensive plan amendments or zoning amendments, including text or map, submitted by a governmental agency.

(8)

Conduct of hearing. Any interested person shall have the right to submit oral or written testimony at the public hearing. All testimony and exhibits admitted at the hearing, including the application shall promptly be incorporated by the city clerk in the application file and shall be considered a part of the record on the application. The master plan for the area, with any subsequent amendments for the area within which lies the land proposed to be reclassified, shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant or unduly repetitious may be excluded. The hearing may be adjourned from time to time to a date established by public announcement at the hearing. (Ord. No. 164, 7-19-1966; Ord. No. 492, 10-18-1983; Ord. No. 715, 1-23-1990)

(9)

The applicant shall be responsible for any fees charged by the planning commission.

(d)

Action by the governing body.

(1)

All applications for amendment of map or text shall be decided on the basis of evidence of record.

(2)

An application for a map or text amendment shall be either approved, modified, or denied on the merits, or dismissed, or allowed to be withdrawn.

(3)

The city council may dismiss any application if it finds that:

a.

The application does not conform to any procedural requirement of this article;

b.

The application was filed within one hundred eighty (180) days after a previous filing for a similar purpose as herein provided; or

c.

The application is frivolous or filed for the purpose of harassment.

(4)

An applicant may withdraw its application for a map amendment (rezoning), provided the request for withdrawal is made prior to a vote by city council to approve, modify or deny said application. No application for the reclassification of all or any part of the land which is the subject of the application shall be allowed for one hundred eighty (180) days following the date of such withdrawal unless, by resolution, the city council specifies that the one-hundred-eighty-day limitation shall not apply.

(5)

If an application is not dismissed or allowed to be withdrawn as herein provided, it shall either be approved, modified, or denied on the merits, in which case no application for reclassification of all or any part of the land which is the subject of the application shall be accepted for filing within one hundred eighty (180) days following the date of such approval or denial on the merits.

(6)

No application for a map amendment shall be approved conditionally for the erection on the land of a structure at a particular location, or within a particular time, or by a particular person, or of a particular type, or on any condition.

(7)

No application for a map amendment shall be approved for a greater area than that applied for, but the application may be approved for a smaller area if the reclassification of such smaller area is supported by the evidence of record and such smaller area is accurately delineated in the record.

(8)

City council shall have the following options regarding an application:

a.

Approval of application. The decision of the city council to approve an application for a map or text amendment shall be rendered at the final public hearing and final reading.

b.

Denial of application. Upon denial of an application for a zoning map or text amendment, city council shall adopt a resolution stating the reasons for denial no sooner than twenty-one (21) days after the public hearing to allow for reconsideration, but within sixty (60) days after the public hearing is held thereon and shall be determined by a majority vote of city council.

(9)

All decisions of the governing body shall be made in open sessions and the ordinance or resolution embodying the decision approving, modifying, denying or dismissing any application for the map or text amendment shall not be valid unless it is incorporated into the minutes of the meeting at which such action was taken.

(10)

Such ordinance or resolution embodying the decision of the city council, approving, modifying, denying or dismissing any application for map or text amendment, shall be filed in the office of the city clerk and a copy sent to the applicant.

(11)

The decision of the city council on any application for a map or text amendment shall be final except that a petition requesting reconsideration of the city council's decision on any application may be filed with the director by the original applicant or by any person who appeared at the public hearing held by the city council on the original application, if accompanied by a receipt from the city showing payment of a filing fee in the amount established by the city, except in the case of a petition by a governmental agency when no such fee is required, and by affidavit, of the person requesting the reconsideration, that a copy of the petition has been served in person or by mail on all persons or their attorneys who appeared at the said hearing, naming them, as shown by the minutes of the said hearing.

(12)

If a reconsideration petition is filed within twenty (20) days after the denial of the application, city council shall have up to thirty (30) days, after it considers the reconsideration petition to adopt a resolution stating the reason(s) for denial of the zoning map or text amendment application if the decision to deny the application is upheld.

(13)

No petition requesting reconsideration of the city council's decision on any application for a map or text amendment may be filed later than twenty (20) calendar days following the decision except with the concurrence of the city council.

(14)

The petition shall briefly state the alleged errors in the decision and the supporting arguments.

(15)

Following its review of the petition for reconsideration, the city council may reaffirm or rescind its prior decision and the subject application thereafter may be approved, denied or dismissed by the city council, with or without further hearings. Nothing herein shall prevent the city council from reconsidering any decision on its own motion.

(Code 2001, § 25.550; Ord. No. 164, 7-19-1966; Ord. No. 223, 1-6-1970; Ord. No. 444, 6-8-1982; Ord. No. 492, 10-18-1983; Ord. No. 715, 1-23-1990; Ord. No. 905, 12-19-1995; Ord. No. 977, 4-21-1998; Ord. No. 1002, 9-9-1999; Ord. No. 1090, 5-20-2003; Ord. No. 1161, 2-21-2006; Ord. No. 1178, 6-20-2006; Ord. No. 1183, 9-5-2006; Ord. No. 1278, 8-17-2010; Ord. No. 1421, § 1(Exh. A), 7-18-2017)

Comprehensive plan map and text amendments shall follow the review procedures as described in the Comprehensive Plan Amendment Procedures Manual: For Unincorporated Hillsborough County and the Cities of Tampa, Plant City, and Temple Terrace adopted by the planning commission, county, and cities within Hillsborough County and in accordance to state statutes.

(Ord. No. 1421, § 1(Exh. A), 7-18-2017)