chapter 27 zoning and land development* 1873

Chapter 27

ZONING AND LAND DEVELOPMENT*

Article I. General Provisions

Division 1. In General

Sec. 27-1. Title.Sec. 27-2. Intent and purpose.Secs. 27-3—27-5. Reserved.

Division 2. Land Development Code and Applicability

Sec. 27-6. Establishment of Land Development Code.Sec. 27-7. Area of coverage of chapter.Sec. 27-8. Zoning affects all lands, water, structures, uses and occupancies.Sec. 27-9. Zoning affects height and bulk of buildings, population density,

lot coverage, yards and other open spaces, off-street parking andloading and other matters.

Sec. 27-10. Certain requirements for one structure or use not to be used tomeet requirements for another.

Sec. 27-11. Creation of new lots; reduction of lot or yard dimensions belowminimum requirements.

Sec. 27-12. Action where zoning lot contains two or more district designa-tions.

Sec. 27-13. Calculation and rounding.Secs. 27-14—27-20. Reserved.

Division 3. Consistency Matrix and Zoning Atlas

Sec. 27-21. Consistency matrix.Sec. 27-22. Division of city into zoning districts; identification in official

zoning atlas.Sec. 27-23. Official zoning atlas—Adoption.Sec. 27-24. Same—Inset maps.Sec. 27-25. Same—Other supplements.Sec. 27-26. District regulations extend to all portions of districts surrounded

by boundaries.Sec. 27-27. Rules where there is uncertainty as to boundaries.Sec. 27-28. Official zoning atlas—Location.Sec. 27-29. Authentication; recording of nature and dates of amendments.Sec. 27-30. Unauthorized changes prohibited.Sec. 27-31. Final authority.Sec. 27-32. Retention of earlier zoning maps or atlases.Secs. 27-33—27-40. Reserved.

*Editor’s note—Ordinance No. 2012-126, §§ 1, 2(Exh. A), adopted November 1, 2012, made comprehensive revisions to chapter27 to read as herein set out. Formerly, said chapter pertained to zoning and derived from Ord. No. 90-203 adopted August 21, 1990.The absence of a history note indicates that the section remains unchanged from this zoning and land development ordinance. SeeCode Comparative Table for a complete history of past amendments.

Related law references—Hillsborough County Local Government Comprehensive Planning Act of 1975, Laws of Fla., Chs.75-390, 77-564, 33-421, 84-442, 86-407 (See Part C of Charter and Related Laws).

Cross references—Ordinances amending the zoning map saved from repeal, § 1-12(6); public art, Ch. 4; building code, Ch. 5;landscaping, tree removal and site clearing, Ch. 13; planning and land development. Ch. 17.5; property maintenance and structuralstandards, Ch. 19; signs, Ch. 20.5; stormwater management, Ch. 21; streets and sidewalks, Ch. 22; transportation, Ch. 25; water,§ 26-66 et seq.; sanitary sewers, § 26-116 et seq.

State law reference—Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3161 etseq.

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Division 4. Definitions

Sec. 27-41. Interpretation of terms or words.Sec. 27-42. Definitions of groupings of various districts.Sec. 27-43. Definitions.Secs. 27-44—27-50. Reserved.

Article II. Administration and General Procedures

Division 1. Establishment of Administrative Officer, Duties, and Procedures

Sec. 27-51. Establishment of administrative officer.Sec. 27-52. Duties of the zoning administrator.Sec. 27-53. Written determinations by the zoning administrator generally;

types; processes; limitations.Sec. 27-54. Process for applications for written determinations as formal

decisions.Sec. 27-55. Process for applications for written determinations as certifica-

tions.Sec. 27-56. Process for applications for written determinations as advisory

opinions.Sec. 27-57. Exhaustion of remedies; limitation on applications for written

determination.Sec. 27-58. Fees.Sec. 27-59. Determinations concerning uses not specified.Sec. 27-60. Alternative design exception.Sec. 27-61. Review.Secs. 27-62—27-65. Reserved.

Division 2. Development Review and Compliance Procedures

Sec. 27-66. Intent and purpose.

Subdivision 1. Development Review and Compliance Procedures For General

Development

Sec. 27-67. Duties.Sec. 27-68. Administration and review staff, generally.Sec. 27-69. Meetings.

Subdivision 2. Development Review and Compliance Procedures Related to

Historic Preservation

Sec. 27-70. Historic preservation Development Review and Compliance staffand procedures ("HPDRC").

Secs. 27-71—27-75. Reserved.

Division 3. Variance Review Board Procedures (Non-Historic District)

Sec. 27-76. Authority to grant variances.Sec. 27-77. Establishment; composition and terms; officers; administrator.Sec. 27-78. Meetings, conduct of meetings and voting.Sec. 27-79. Powers and duties.Sec. 27-80. Application of the variance power.Sec. 27-81. Administration; notice; public hearing; decision.Sec. 27-82. Stays from further enforcement proceedings; exceptions.Sec. 27-83. Effect of denial.Sec. 27-84. Appeals.Secs. 27-85—27-90. Reserved.

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Division 4. Historic District Design Review; Certificate of Appropriateness;Variance Procedures

Subdivision 1. Barrio Latino Commission (Ybor City Historic District)

Sec. 27-91. Intent.Sec. 27-92. Historic district established.Sec. 27-93. Authority of city council and Barrio Latino Commission.Sec. 27-94. Barrio Latino Commission recommendations.Sec. 27-95. Barrio Latino Commission.Sec. 27-96. Variance administration; public notice; decision; stay; denial;

review.Sec. 27-97. Certificate of appropriateness.Sec. 27-98. Review criteria.Sec. 27-99. Interior arrangement not considered.Sec. 27-100. Review of application by commission.Sec. 27-101. Certain changes not prohibited.Sec. 27-102. Review of decision.Sec. 27-103. Applications for certificates involving proposed demolition of

structures within district.Sec. 27-104. Termination of certain uses.Sec. 27-105. Compliance.Sec. 27-106. Signs and other encroachments in the Ybor City Historic District.Sec. 27-107. Maintenance and repair of landmarks, landmark sites and prop-

erty in historic districts, multiple property designation or conser-vation overlay district.


Subdivision 2. Architectural Review Commission (Other Locally Designated

Historic Districts)

Sec. 27-111. Intent and declaration of public policy.Sec. 27-112. Architectural review commission—Generally.Sec. 27-113. Powers and duties of the ARC and ARC staff.Sec. 27-114. Variance; authority; application; public notice; criteria; decision;

stay; denial; review; expiration of variance.Sec. 27-115. Certificate of appropriateness; review of work on locally desig-

nated landmarks, landmark sites and property in multiple prop-erty designations, historic conservation overlay districts andhistoric districts.

Sec. 27-116. Applications for certificate of appropriateness to demolish orrelocate; preapplication determinations of historic status; admin-istration; notice; decision; stay; denial; review of decision; reviewcriteria; demolition by neglect; predemolition requirements.

Sec. 27-117. Compliance with certificates of appropriateness.Sec. 27-118. Approvals by the ARC administrator.Sec. 27-119. Maintenance and repair of landmarks, landmark sites and prop-

erty in historic districts, multiple property designation or conser-vation overlay district.


Division 5. Special Use Permits Procedures

Sec. 27-126. Intent.Sec. 27-127. Classes of special use permits; agent or body responsible for each

general procedure.Sec. 27-128. Minor changes to be approved by zoning administrator; substan-

tial deviations require action by city council.Sec. 27-129. General standards.Sec. 27-130. Conditions and safeguards.Sec. 27-131. Expiration of special uses.

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Sec. 27-132. Regulations governing individual special uses.Secs. 27-133—27-135. Reserved.

Division 6. Site Plan Zoning District Procedures

Sec. 27-136. Purpose.Sec. 27-137. Conflict.Sec. 27-138. Review procedure.Sec. 27-139. General requirements.Sec. 27-140. Bonus provisions.Sec. 27-141. Central Business District (CBD) Periphery Bonus; methodology

and calculation; list of bonus amenities.Secs. 27-142—27-145. Reserved.

Division 7. Amendments

Sec. 27-146. Statement of intent.Sec. 27-147. Amendment initiation.Sec. 27-148. Procedure for amendment application.Sec. 27-149. Public notice requirements for land development decisions and

text amendments to the Land Development Code.Sec. 27-150. Final decision by city council and withdrawal of application.Sec. 27-151. Comprehensive review of chapter.Sec. 27-152. Review of city council action.Sec. 27-153. Reserved.

Division 8. Subdivision Procedures

Subdivision 1. Administrative Provisions

Subdivision 1.1. General Provisions; Administrative Authority; Definitions

Sec. 27-153.1. Title.Sec. 27-153.1.1. Purpose.Sec. 27-153.1.2. Applicability.Sec. 27-153.1.3. Administrative authority.Sec. 27-153.1.4. Alternate materials and methods of construction; innovative

design.Sec. 27-153.1.5. Cemetery; condominium plats.

Subdivision 1.2. Certificates; Documents; Requirements; etc.

Sec. 27-153.2. Applications, documentation.Sec. 27-153.2.1. Stages of subdivision review.Sec. 27-153.2.2. Phased developments.Sec. 27-153.2.3. Preliminary plat—Generally,Sec. 27-153.2.4. Same—Preapplication plat conference and simultaneous submit-

tal of PD final site plan and preliminary plat.Sec. 27-153.2.5. Same—Filing of applications; administrative review.Sec. 27-153.2.6. Same—Action by city.Sec. 27-153.2.7. Same—Effect of approval.Sec. 27-153.2.8. Construction drawings—Generally.Sec. 27-153.2.9. Reserved.Sec. 27-153.2.10. Same—Filing of application; administrative review.Sec. 27-153.2.11. Same—Effect of approval.Sec. 27-153.2.12. Final plat—Generally.Sec. 27-153.2.13. Same—Filing of application; administrative review.Sec. 27-153.2.14. Same—Standards for approval; effect of approval.Sec. 27-153.2.15. Performance security.Sec. 27-153.2.16. Defect security; release of defect security.

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Sec. 27-153.2.17. Final plat—Effect of approval.Sec. 27-153.2.18. Same—Recording and reproducing.Sec. 27-153.2.19. Same—Requirements subsequent to recording.Sec. 27-153.2.20. Same—Amendments.Sec. 27-153.2.21. Application submission requirements for preliminary plats.Sec. 27-153.2.22. Submission requirements for construction drawings.Sec. 27-153.2.23. Submission requirements for final plats.Sec. 27-153.2.24. Express subdivision review.Sec. 27-153.2.25. Affordable housing subdivisions.Sec. 27-153.2.26. Electronic data.

Subdivision 1.3. Fee Authority and Types; Permits; Inspections

Sec. 27-153.3. Fees—City council to establish.Sec. 27-153.3.1. Same—Types enumerated.Sec. 27-153.3.2. Land alteration prior to construction drawing approval.Sec. 27-153.3.3. Model homes/sales centers.Sec. 27-153.3.4. Inspections; approval of private improvements; acceptance of

public improvements.

Subdivision 2. Sanctions; Appeals; Boards

Subdivision 2.1. Generally

Secs. 27-154.1—27-154.1.10. Reserved.

Subdivision 2.2. Action Authorized to Mitigate Violations

Sec. 27-154.2. Stop work and emergency orders.Secs. 27-154.2.1—27-154.2.10. Reserved.

Subdivision 3. Technical Provisions

Subdivision 3.1. Authority to Establish/Publish Technical Standards

Sec. 27-155.1. Technical standards may be established.Secs. 27-155.1.1—27-155.1.10. Reserved.

Subdivision 3.2. Adoption of Standards by Reference

Sec. 27-155.2. Technical standards adopted.Secs. 27-155.2.1—27-155.2.10. Reserved.

Subdivision 3.3. Specific Technical Requirements

Sec. 27-155.3. General requirements.Sec. 27-155.3.1. Improvements required; minimum design and construction stan-

dards.Sec. 27-153.3.2. Private street, drainage and other improvements.Sec. 27-153.3.3. Streets.Sec. 27-153.3.4. Sidewalks.Sec. 27-153.3.5. Streetlights.Sec. 27-153.3.6. Blocks.Sec. 27-153.3.7. Easements.Sec. 27-153.3.8. Lots.Sec. 27-153.3.9. Underground utilities.Sec. 27-153.3.10. Permanent reference monuments and control points.Sec. 27-153.3.11. Platting multiple unit structures.Secs. 27-154, 27-155. Reserved.

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Article III. Establishment of Zoning Districts and District Regulations

Division 1. General Zoning Districts

Sec. 27-156. Official schedule of district regulations.Sec. 27-157. Regulations encumbering land required to satisfy regulations.Sec. 27-158. Height regulation generally.Sec. 27-159. Permitted projections into required yards.Sec. 27-160. Special street setbacks.Sec. 27-161. Lots, yards and measurements.Sec. 27-162. Yards between residential buildings.Sec. 27-163. Setback requirements for construction within flood-prone areas.Sec. 27-164. RO, RO-1 and CN Districts Urban Design Criteria.Secs. 27-165—27-170. Reserved.

Division 2. Special Districts

Subdivision 1. Municipal Airport (M-AP) Districts

Sec. 27-171. District regulations for M-AP airport compatibility districts.Secs. 27-172—27-175. Reserved.

Subdivision 2. Ybor City (YC) Districts

Sec. 27-176. Intent.Sec. 27-177. Historic district established.Sec. 27-178. Alternative parking requirements.Secs. 27-179—27-180. Reserved.

Subdivision 3. Central Business District (CBD) Districts

Sec. 27-181. Purpose and intent.Sec. 27-182. District and subdistricts established; procedures for rezoning.

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ARTICLE I. GENERAL PROVISIONS

DIVISION 1. IN GENERAL

Sec. 27-1. Title.

This chapter and the chapters, articles, andordinances enumerated herein shall be combinedand compiled into a single code to be generallyknown as the "City of Tampa Land DevelopmentCode."

Sec. 27-2. Intent and purpose.

(a) This chapter is adopted as one (1) of theinstruments of implementation of the public pur-poses and objectives of the Tampa ComprehensivePlan. This chapter is declared to be in accord withthe Tampa Comprehensive Plan.

(b) It is the intent and purpose of the TampaComprehensive Plan, and of this chapter, whichaids in implementing it, to promote the publichealth, safety, morals, convenience, comfort, ame-nities, prosperity and general welfare of the cityand to provide, among other matters, a whole-some, serviceable and attractive community; toincrease the safety and security of home life; topreserve and create a more favorable environ-ment in which to rear children; to stabilize andenhance property and civic values; to developmeaningful and productive relationships betweenthe private sector and city government; to providefor a more uniformly just land use pattern and taxassessment base; to aid in the development andredevelopment of the city; to increase traffic safetyand ease transportation problems; to provide moreadequately for vehicular parking, parks, park-ways, recreation, schools, public buildings andfacilities, housing, job opportunities, light, air,water, sewerage, sanitation and other public re-quirements; to lessen the congestion, disorderand danger that often occurs in unplanned andunregulated urban development; to prevent over-crowding of land and undue concentration ofpopulation; to ensure compatibility of new devel-opment with existing development and open space;to conserve and enhance the natural and manmaderesources of the city; and to provide more reason-

able and serviceable means and methods of pro-tecting and safeguarding the economic and socialstructure upon which the good of all depends.

(c) To further the objectives of the Tampa Com-prehensive Plan and the intent and purpose ofthis chapter, the city is divided into districts ofsuch number, shape, characteristics, area, com-mon unity of purpose, adaptability or use as willaccomplish the objectives of the Tampa Compre-hensive Plan and this chapter.


DIVISION 2. LAND DEVELOPMENT CODEAND APPLICABILITY

Sec. 27-6. Establishment of Land Develop-ment Code.

Pursuant to the provisions of the Local Govern-ment Comprehensive Planning and Land Devel-opment Regulation Act, F.S. Ch. 163, Part II, theCity of Tampa Land Development Code shallconsist of the following:

(1) Chapter 17.5, Article III, section 17.5-41et seq., Concurrency Management Sys-tem;

(2) Potable Water Wellfield Protection Ordi-nance;

(3) Section 21-6, Alternative Materials andMethods of Construction, Section 21-7,Borrow Pits, Mines, Section 21-8, Drain-age Patterns, Section 21-9, Protection ofPublic Drainage Systems;

(4) Chapter 22, section 22-134, Transit StopFacilities, and Chapter 22, Section 22-314et seq., Driveways;

(5) Subdivision procedures set forth in chap-ter 27;

(6) Sections 25-68 through 25-75, Relating toTransportation Impact Fees;

(7) Section 26-118, Required use of SanitarySewer; Section 26-128, Technical Stan-dards Adopted;

(8) Chapter 27, Zoning and Land Develop-ment; and

§ 27-6ZONING AND LAND DEVELOPMENT

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(9) Chapter 43 of the 1971 Code, Zoning.(Ord. No. 2013-67, § 5, 5-16-2013)

Sec. 27-7. Area of coverage of chapter.

Except as specifically provided in this chapter,the regulations of this chapter shall apply through-out the jurisdiction of the city. For parcels of landannexed to the city after the effective date of theordinance from which this chapter was derived,the provisions of F.S. § 171.062 shall govern.

Sec. 27-8. Zoning affects all lands, water,structures, uses and occupancies.

No building, structure, land or water shall beused or occupied, and no building, structure orpart thereof shall be erected, constructed, recon-structed, moved, located or structurally alteredexcept in conformity with the regulations set outgenerally in this chapter and for the district inwhich it is located. In clarification of the forego-ing, it is the specific intent of the city council thatall floating structures and buildings and build-ings and structures built over water shall meet allthe requirements of this chapter and all otherapplicable provisions of this Code.

Sec. 27-9. Zoning affects height and bulk ofbuildings, population density, lotcoverage, yards and other openspaces, off-street parking and load-ing and other matters.

In particular, no building or structure or partthereof shall be erected, constructed, recon-structed, moved, located or structurally altered,in any manner so as to:

(1) Exceed the permissible height, bulk orfloor area;

(2) Accommodate or house a greater numberof families or other occupants, or to pro-vide a greater number of dwelling units;

(3) Occupy a greater percentage or portion oflot area;

(4) Provide less lot area per dwelling unit orto occupy a smaller lot;

(5) Provide narrower or smaller yards or otheropen spaces, or spaces or separations be-tween buildings or portions thereof;

(6) Provide less off-street parking or off-street loading space;

than herein required or limited, or in any othermanner contrary to the provisions of this chapter.

Sec. 27-10. Certain requirements for onestructure or use not to be used tomeet requirements for another.

No part of a yard, area, open space or off-streetparking or off-street loading space required forone (1) structure or use shall be included asmeeting requirements for another, except wherespecific provisions therefor are made in this chap-ter.

Sec. 27-11. Creation of new lots; reductionof lot or yard dimensions belowminimum requirements.

No new lot shall be created after the effectivedate of the ordinance from which this chapter wasderived except in conformity with the require-ments of applicable regulations. No yard or zon-ing lot existing at the time of passage of thischapter shall be reduced in width, depth, or areaby private action below the minimum require-ments for lot(s) or structure(s) as set forth in thischapter; provided however, reductions in width,depth and area shall be permitted if due togovernmental acquisition.

No division or reconfiguration of an existingzoning lot or lot of record may occur that is aconfiguration which is patently inconsistent withexisting lot development pattern in a radius ofone thousand three hundred twenty (1,320) feet(1/4 of a mile) of the subject property. Newlycreated lots must maintain the front orientationand the historical precedent pattern of parcelconfiguration in the neighborhood. Lots of recordmay not be reconfigured in conflict with theestablished pattern of lots within a radius of onethousand three hundred twenty (1,320) feet. Onlyproperties that are within the same zoning dis-trict may be considered in making the determina-tion of compatibility.

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When considering the appropriateness ofreconfiguring a zoning lot or lot of record intobuildable lots, the zoning administrator shall: i.receive and review a sealed survey of the pro-posed lot layout; ii. conduct a site visit to view theactual lot development pattern of the block onwhich the subject property lies; iii. review theactual development pattern for a radius of onethousand three hundred twenty (1,320) feet fromthe subject property; and, iv. review the originalplat or subdivision documents, prior to determin-ing consistency with the requirements stated inthis chapter.

The creation of substandard lot size or setbackwill cause each new lot created from the originalparcel to be a violation to this chapter, and nopermits be issued until the violation ceases.

Sec. 27-12. Action where zoning lot con-tains two or more district desig-nations.

(a) Nonresidential districts. In nonresidentialdistricts, where a zoning lot contains two (2) ormore district designations with different basicfloor area ratio limits, the basic floor area for thezoning lot shall not exceed the sum of the resultsobtained by multiplying the privately owned landarea of the zoning lot in each district by theapplicable basic floor area ratio limit for thatportion of the zoning lot. Such permitted floorarea may be distributed throughout the zoning lotwithout regard to district boundaries. However,the resulting basic floor area ratio may not exceedthat allowed in the land use plan category orcategories in which the zoning lot is located.

(b) Residential districts. In residential dis-tricts, where a zoning lot contains two (2) or moredistrict designations with different density regu-lations, that is, a differing amount of required lotfor each dwelling unit, the density (maximumnumber of dwelling units) shall not exceed thenumeric sum of the maximum number of unitsthat could be constructed on individual portionsof the zoning lot in each zoning district. Suchdensity may be distributed throughout the zoninglot without regard to district boundaries. How-

ever, the density shall not exceed that allowed forthe acreage in each respective land use categoryin which the zoning lot is located.

Sec. 27-13. Calculation and rounding.

Where cumulative requirements or limitationsare to be computed for an element or series ofelements (i.e., the number of parking or loadingspaces required for a combination of uses in thesame building), fractions shall be carried forwardin the summation, and the total rounded to thenearer whole number. When the fraction is 1/2 or.5, the total will be rounded up to the higherwhole number. In density calculations for thenumber of permitted units, all fractions shall berounded down to the lower whole number.


DIVISION 3. CONSISTENCY MATRIX ANDZONING ATLAS

Sec. 27-21. Consistency matrix.

The consistency matrix shall be used to deter-mine consistency of existing Chapter 27 zoningdistricts with the Tampa Comprehensive Planand to determine consistency of a proposed rezon-ing request with the Tampa Comprehensive Plan.Any zoning district which is not consistent withthe Tampa Comprehensive Plan, according to theconsistency matrix, shall not be permitted, ap-plied for, nor approved.


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fined in the applicable definitions for each type ofpublic facility, which estimates the cost of improve-ments for which the local government has fiscalresponsibility, which analyzes the fiscal capabilityof the local government to finance and constructimprovements, which adopts financial policies toguide the funding or improvements, and whichschedules the funding and construction of improve-ments in a manner necessary to ensure thatcapital improvements are provided when re-quired based on needs identified in the othercomprehensive plan elements.

Capture rate: That percentage of the total park-ing demand for the specified use which is inter-nally generated from other uses already generat-ing a demand within the central business district.

Cargo storage area: Any outdoor area which isused for bulk, neobulk or general cargo storageand requires free movement for loading, unload-ing, storage and staging in connection with thepickup and delivery of general cargo, neobulk andbulk material to and from a port.

Catering shop: An establishment whose princi-pal use is the preparation and provision of foodserved to the customer at a location off the prem-ises. A catering shop may be accessory to a res-taurant.

CDD: A community development district asprovided in F.S. Ch. 190.

Cemetery: Land used or intended to be used forthe burial of the human dead and dedicated forcemetery purposes, including crematories, mau-soleums and mortuaries, if operated in connectionwith and within the boundaries of such cemetery.

Certificate of appropriateness: The permit is-sued by the Barrio Latino Commission or theArchitectural Review Commission which gives itsapproval for work to be done on a landmark, alandmark site or within a historic district. Thecertificate may contain conditions relating to theproposed work, and the applicant will still needpermits from other municipal departments beforestarting his work. A certificate of appropriatenessmust be issued prior to the issuance of a buildingpermit by the planning and development depart-ment (PDD).

Certificate of concurrency: The official docu-ment issued by the city upon finding that anapplication for a final development permit willnot result in the reduction of the level of servicestandards set forth in the Tampa ComprehensivePlan for public facilities and services.

Certificate of occupancy (C.O.): An official doc-ument evidencing that a building satisfies the cityrequirements for occupancy of a building.

Certified local government: A government meet-ing the requirements of the National HistoricPreservation Act, amendments of 1980 (P.L. 96-515), and the implementing regulations of theUnited States Department of the Interior and thestate.

CGO: The city's green officer.

Change of occupancy: A change from one Stan-dard Building Code occupancy class to another.

Changeable copy sign: Any framed sign, illumi-nated or not, which is principally devoted to, anddesigned for change or replacement of sign face orlettering or graphics. This definition shall notinclude electronic message signs.

Change of use: A modification to the use (mostintense, legally established use in the public re-cord) of a structure or property to accommodate amore intensive use, which adds floor area, in-creases density or intensity, or increases occu-pancy loads, and requires more total parkingspaces than the previous use of the property orstructure, as determined by the parking tableapplicable to the underlying zoning district, as setforth in this Code. Such changes will be subject toconcurrency review for the net increase only.

(1) A shopping center of three (3) or morebusiness suites which was designed andpermitted for a variety of uses may con-sider office, retail and personal services asinterchangeable. All other changes whichrequire an increase in parking as deter-mined by PKG Table 1 of section 27-283.7will be reviewed for concurrency.

(2) An office building which is zoned PD issubject to the ancillary uses identified onthe approved PD site plan. An office build-ing which is not zoned PD is limited to the


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ancillary uses identified in the approvedbuilding plans or permits. Other changesin use which require an increase in park-ing as determined by PKG Table 1 ofsection 27-283.7 will be reviewed for con-currency.

Character district: One (1) of the twelve (12)districts in the central business district estab-lished to guide development to a desired charac-ter and more particularly defined and describedin the CBD land use policy plan.

Cigar factory: A commercial enterprise in-volved in the manufacturing, processing, distribu-tion and warehousing of cigar products.

Circumference: The distance around the periph-ery of a tree at four and one-half (4½) feet aboveexisting grade.

Clearing: The removal of trees, shrubs andother vegetation from the existing ground sur-face. Clearing is usually undertaken where sub-sequent land alteration, construction or agricul-tural activities are to occur.

Clinic: An establishment used for medical ordental care which is comprised of a variety ofmedical specialties and which has equipment onsite to diagnose and administer treatment on anoutpatient basis.

Club: An establishment operated by a corpora-tion or association of persons for social, literary,political, educational, fraternal or charitable pur-poses, but which is not operated for profit or torender a service which is customarily conductedas a business.

Clubhouse (alcoholic beverage): Establishmentwhere alcoholic beverages of any type may bebrought and served, but not sold, stored, kept, ormaintained on the premises overnight.

College: A degree-granting establishment pro-viding formal academic education and generallyrequiring for admission at least a high schooldiploma or equivalent academic training, includ-ing colleges, community colleges, universities, tech-nical institutes, seminaries and professional schools(architectural, dental, engineering, law, medical,etc.).

Commemorative decoration: An ornate embel-lishment placed to honor a certain event, personor place.

Commercial building: Any building, structureor improvement other than a single-or two-familydwelling.

Commercial communication tower: A groundmounted structure, which is greater than twenty(20) feet in height, intended to support devicesused for the transmitting or receiving of televi-sion, radio, or wireless telephone communications(excluding those used exclusively for dispatchcommunication, ham radio, and satellite dishes).

Commercial district: A commercial district isany property which is zoned CN, CG, CI, YC-1,YC-3, YC-5, YC-6, YC-7, YC-9 (approved primar-ily for commercial uses), M-AP-1, M-AP-2, M-AP-3, M-AP-4, CD-1, CD-2, CD-3, PD and PD-A(approved primarily for commercial uses), SH-CN, SH-CG, SH-CI, SH-PD (approved primarilyfor commercial uses), U-C and any other site plancontrolled districts approved primarily for any ofthe aforementioned districts.

Commercial equipment: Vehicles, machinery,materials or furnishings owned, used, or designedand/or intended for commercial purposes, exceptthat a personal vehicle (car, one-ton pickup truckor van) used by an individual for transportation toand from home and job sites will not be consid-ered commercial equipment, regardless of anycommercial names, insignias or markings adver-tised on the vehicle.

Commercial nursery: An ongoing business li-censed for the planting, growing and sale ofplants and trees. A commercial nursery does notinclude an ongoing silviculture operation.

Communications facility: The plant, equip-ment and property, including but not limited to,any and all such conduits, cables, poles, wires,supports, ducts, fiber optics, antenna and otherstructures, equipment, appurtenances and path-ways as may be reasonably necessary to be usedto provide communications services.

Communications services: The transmission,conveyance, or routing of voice, data, audio, video,or any other information or signals, including

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Electronic message sign: A sign emitting anilluminated message, image or design createdelectronically by any light source, LED (lightemitting diodes), bare electric bulbs, luminoustubes, fiber optics, or any other combination oflight sources creating a message. This definitionshall include time, temperature and date signs.An electronic message sign which has copy whichmoves continuously or appears to be moving,flashing, changes color, pulses or alternates shallbe considered an activated sign.

Emergency shelter facility: A facility providingtemporary residential housing, rooming-or dormi-tory-style (with or without board), for personsotherwise homeless or seeking shelter from abuse.

Emitter: A device which is used to control thedischarge of irrigation water from lateral pipes.This term is primarily used to refer to the low flowrate devices used in low-volume irrigation de-vices.

Employee or employees: A person who works forfinancial or other form of compensation, includingbut not limited to, the owner or owners of theestablishment.

Endangered and threatened species: Flora andfauna as identified by the U.S. Fish and WildlifeService's "List of Endangered and ThreatenedWildlife and Plants" in 50 CFR 17.11-12. Faunaidentified by the Florida Game and Fresh WaterFish Commission in Section 9-27.03-05, FAC, andflora identified by the Department of Agricultureand Consumer Services "Preservation of NativeFlora Act," F.S. § 581.185 through 581.187. En-dangered species are so designated due to manmadeor natural factors which have placed them inimminent danger of extinction, while threatenedspecies are so designated due to rapid decline innumber of habitat such that they are likely tobecome endangered without corrective action.

Engineer: A professional engineer registered inthe state.

Environmentally sensitive areas: Lands that,by virtue of some qualifying environmental char-acteristic (e.g., wildlife habitat), are regulated byeither the Florida Department of EnvironmentalProtection, the Southwest Florida Water Manage-ment District, or any other governmental agency

empowered by law for such regulation. Environ-mentally sensitive areas include ConservationAreas and Preservation Areas. Conservation Ar-eas include the following types of wetlands (w),natural water bodies (nwb), and uplands (u);freshwater marshes (w), wet prairies (w), hard-wood swamps (w), cypress swamps (w), naturalshorelines other than natural beaches and dunes(w), Class III Waters (w, nwb), and significantwildlife (w, nwb, u). Preservation Areas includethe following types of wetlands, natural waterbodies and uplands; coastal marshes (w), man-grove swamps (w), marine grassbeds (w, nwb),natural beaches and dunes (w, u), Class I and IIWaters (w, nwb), aquatic preserves (w, nwb),essential wildlife habitat (w, nwb, u), and naturalpreserves (w, nwb, u).

Erect: Erect shall mean to build, construct,attach, hang, place, suspend or affix and shall alsoinclude the painting of wall signs. This term shallnot apply to copy changes on existing permittedsigns.

Essential wildlife habitat: Land or water bod-ies that, through the provision of breeding orfeeding habitat, are necessary to the survival ofendangered or threatened plant and animal spe-cies, or species of special concern, as determinedby the Florida Game and Freshwater Fish Com-mission or the U.S. Fish and Wildlife Service.

Establishment: An establishment is any com-mercial, industrial, institutional, educational, of-fice, social, business or financial entity.

Excavation: The action or process of creating adepression or hole in the ground by removing thesoil in excess of two (2) feet in depth.

Exempt signs: All signs for which permits arenot required but which must, nonetheless, con-form to the other terms and conditions of thischapter.

Explosive storage and manufacturing: The bulkstorage, distribution and/or manufacturing of ex-plosives and fireworks.

Extended family residence: Within a single fam-ily residence, a living area designed to provide


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independence and privacy by allowing a separatebedroom, bathroom, dining area, and kitchen foran extended family member.

Exterior: The outside surface of any building,improvement, object or structure.

Exterior lighting: Illumination emanating fromany source or fixture on the exterior of a building,including walkways, marquees, and hallways ex-posed toward the property line.

Family: Any number of people related by blood,marriage, legal guardianship, or adoption or notmore than four (4) unrelated persons living to-gether as a single housekeeping unit, using asingle facility in a dwelling unit for culinarypurposes. The term "family" shall not be con-strued to include a fraternity or sorority, club,roominghouse, institutional group or the like.

Fence or wall: A partition, greater than twelve(12) inches above grade, erected for the purpose ofenclosing a piece of land or to divide a piece ofland into distinct portions.

FGBC: The Florida Green Building Coalition.

Final development permit: Any building permitissued or commercial site plan approved pursuantto chapter 5 of this Code, any construction draw-ing or final plat approved pursuant to subdivisionprocedures set forth in chapter 27 of this Code, orany development order or an approved FloridaQuality Development or amendment thereto is-sued pursuant to F.S. § 380.06 et seq.

Final local development order (for the purposesof vesting, means the following):

(1) A commercial site plan approved pursu-ant to chapter 5 of this Code on or beforeJanuary 31, 1990;

(2) A development of regional impact devel-opment order or an approved Florida Qual-ity Development or amendment thereto,issued pursuant to F.S. Ch. 380, which isapproved by the city on or before January31, 1990;

(3) Abuilding permit issued pursuant to Chap-ter 5 of this Code on or before January 31,1990; and

(4) Construction drawings approved pursu-ant to subdivision procedures set forth inchapter 27 of this Code on or before Jan-uary 31, 1990 and a final plat approvedpursuant to subdivision procedures setforth in chapter 27 of this Code on orbefore January 31, 1990 may be consid-ered final local development orders if,pursuant to section 17.5-47(b) of this ar-ticle, the city attorney determines thatvested rights are deemed to exist.

Floor area: The sum of enclosed areas on allfloors of a building measured from the outsidefaces of the exterior walls, including halls, lob-bies, arcades, stairways, elevator shafts, enclosedporches and balconies and any belowgrade floorareas used for access and storage. Not countableas floor area are open terraces, patios, atriums,balconies, breezeways and parking.

Floor area ratio, basic: The ratio of permittedfloor area to the area of the lot.

Floor area ratio, maximum permitted: The floorarea ratio permitted as of right in the severaldistricts, excluding any bonus or transferred floorarea.

Florida friendly yard or landscape (as provided

for in F.S. § 373.185): A landscape that incorpo-rates the Best Management Practices and philos-ophies described in "A Guide to Florida-FriendlyLandscaping", Third Edition, 2006, as may sub-sequently be amended, and conserves water andprotects the environment and are adaptable tolocal conditions and which are drought tolerant.Florida-friendly landscape principles include plan-ning and design, appropriate choice of plants, soilanalysis which may include the use of solid wastecompost, efficient irrigation, practical use of turf,appropriate use of mulches, and proper mainte-nance."

Foot candle: A measurement of light cast on asurface one (1) square foot in area on which one(1) unit of light is uniformly distributed.

Franklin Street Mall: The area of FranklinStreet lying between Cass Street to the north andJackson Street to the south.

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Franklin Street Mall Phase II District: Thearea of Franklin Street lying between FortuneStreet to the north and Cass Street to the south,


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Yard, side: A yard extending along the side of alot between the rear line of the front yard and therear lot line.

Yard, waterfront: A yard required on water-front property which is defined as property abut-ting on open water, bays, bayous, lakes over five(5) acres in area, manmade canals and similarnavigable waterways.

Zig-zagged: A line or course that proceeds bysharp turns.(Ord. No. 2013-67, §§ 2, 5, 5-16-2013)


ARTICLE II. ADMINISTRATION ANDGENERAL PROCEDURES

DIVISION 1. ESTABLISHMENT OFADMINISTRATIVE OFFICER, DUTIES, AND

PROCEDURES

Sec. 27-51. Establishment of administrativeofficer.

The provisions of this chapter shall be admin-istered by the zoning administrator, who shall bedesignated by the PDD Director.

Sec. 27-52. Duties of the zoning administra-tor.

(a) The zoning administrator or designee shallhave the power to perform the following duties:

(1) Provide zoning counseling;

(2) Issue written determinations to propertyowners on applications for zoning certifi-cations, zoning verifications, code inter-pretations, vested rights, and nonconform-ing status;

(3) Grant or deny alternative design excep-tions;

(4) Grant or deny S-1 permit applications;

(5) Review and grant or deny business oper-ating permits for zoning compliance;

(6) Review development permit applicationspursuant to City of Tampa Code of Ordi-nances for zoning compliance;

(7) Make or cause to be made inspections ofbuildings or premises necessary to carryout the enforcement of this chapter, in-cluding rendering opinions regarding thischapter to other appropriate staff;

(8) Take all necessary action as provided forwithin this chapter and any other provi-sions of the City of Tampa Code of Ordi-nances;

(9) Make recommendations to city councilregarding zoning applications, comprehen-sive plan amendments, and amendmentsto this chapter and related land develop-ment regulations;

(10) On a monthly basis, transmit a list of allcurrent or pending applications for rezon-ings, and special uses and variances tothe officially registered neighborhood as-sociations, as feasible; and

(11) On an annual basis, present all formaldecisions to city council for action by res-olution placing said determinations in thepublic records of the city clerk.

In addition, the zoning administrator or desig-nee shall be responsible to maintain all recordswhich are submitted as part of any review processset forth in the chapter.

Sec. 27-53. Written determinations by thezoning administrator generally;types; processes; limitations.

(a) Types of written determinations. The zon-ing administrator or designee shall have theauthority to render a written determination onthe following after filing the appropriate applica-tion and payment of the required fee:

(1) Certification—Request regarding the zon-ing classification of a particular parceland associated permitted uses, based onthe Official Zoning Atlas and Zoning Codein effect at the time of the application;

(2) Interpretation—Request regarding the gen-eral meaning of a Code provision, the


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effect of a Code provision on a specificproperty, or whether a proposed use or aproposed site plan (which has not beensubmitted for approval) complies with Zon-ing Code requirements;

(3) Vested rights in accordance with this chap-ter; and

(4) Non-conforming status, in accordance withthis chapter.

Written communication by the zoning admin-istrator to the mayor and city administration, citycouncil, appointed boards, commissions, specialmagistrates and hearing officers, city staff andthe legal department shall not be considered awritten determination pursuant to this section.

(b) Processes for written determinations. Anapplication for a written determination must besubmitted in writing to the zoning administratorthrough one (1) of the following processes:

(1) Formal decision;

(2) Certification; or

(3) Advisory opinion.

All applications must be complete and applica-ble fees shall be paid at time of submittal of anyapplication for written determination.

(c) Limitations on written determinations. Anapplication for written determination shall belimited as follows:

(1) Under no circumstances is the zoningadministrator permitted to grant excep-tions to the actual meaning of any clause,standard or regulation contained in thischapter to any person making applicationto excavate, construct, move, alter or useeither a building, structure, or land.

(2) The zoning administrator is not permit-ted to make changes to this chapter or tovary the terms of this chapter in carryingout their duties, except as specifically setforth in this chapter. Due to that limita-tion on the zoning administrator's author-ity, a written determination shall not beconstrued as a waiver of any provisions ofthis chapter.

(3) Interpretations shall not be given to anyperson based solely on hypothetical facts.

(4) A decision approving the interpretationproposed in the application shall not au-thorize the establishment of the use northe development, construction, reconstruc-tion, alteration or moving of any buildingor structure. It shall merely authorize thepreparation, filing and processing of ap-plications for any approvals and permitsthat may be required by the city's LandDevelopment Code.

(5) If conflict occurs between the require-ments of the Land Development Code andthe standards adopted as part of a planneddevelopment, development agreement, siteplan or annexation agreement, the require-ments of the Land Development Codeshall prevail.

(6) The zoning administrator or designee shallbase an interpretation on three (3) consid-erations:

a. The defined or common meaning ofthe words or provision.

b. The general purpose of the provisionas expressed in the provision.

c. The logical or likely meaning of theprovision viewed in relation to theComprehensive Plan.

(7) The zoning administrator may issue awritten determination when the appli-cant demonstrates compliance with theimposed conditions of this chapter, butshall not consider whether the use or thepermit would violate contractual or otherarrangements (including, but not by wayof limitation, restrictive covenants) amongprivate parties.

Sec. 27-54. Process for applications for writ-ten determinations as formal de-cisions.

(a) The following applications shall be re-viewed pursuant to the formal decision process:

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(1) Vested rights;

(2) Non-conforming status;

(3) A request for written determination re-garding a specific parcel of real property


1940.1Supp. No. 81

any additional cost that would be in-curred to comply with recommendationsof the commission for changes necessaryfor the issuance of a certificate of appro-priateness;

(2) A report from a licensed engineer or ar-chitect with experience in rehabilitationas to the structural soundness of the struc-ture and its suitability for rehabilitation;

(3) Estimated market value of the property,both in its current condition and aftercompletion of the proposed demolition orremoval;

(4) An estimate from an architect, developer,real estate consultant, appraiser, or otherreal estate professional experienced inrehabilitation as to the economic feasibil-ity of rehabilitation or reuse of the exist-ing structure on the property;

(5) Amount paid for the property, the date ofpurchase, and the party from who pur-chased, including a description of the re-lationship, if any, between the owner ofrecord or applicant and the person fromwhom the property was purchased andany terms of financing between the sellerand buyer;

(6) If the property is income-producing, theannual gross income from the property forthe previous two (2) years; and deprecia-tion deduction and annual cash flow be-fore and after debt service, if any, duringthe same period;

(7) Remaining balance on any mortgage orother financing secured by the propertyand annual debt service, if any, for theprevious two (2) years;

(8) All appraisals obtained within the previ-ous two (2) years by the owner or appli-cant in connection with the purchase,financing or ownership of the property;

(9) Any listing of the property for sale or rent,price asked and offers received, if any,within the previous two (2) years;

(10) Assessed value of the property accordingto the two (2) most recent assessments;

(11) Real estate taxes for the previous two (2)years;

(12) Form of ownership or operation of theproperty, whether sole proprietorship, for-profit or not-for-profit corporation, limitedpartnership, joint venture, or other method;

(13) Any other information, including the in-come tax bracket of the owner, applicant,or principal investors in the property con-sidered necessary by the commission to adetermination as to whether the propertydoes yield or may yield a reasonable re-turn to the owners.

(b) Proposed demolitions involving threat to

public health and safety. Regardless of the build-ing's status as a contributing or noncontributingstructure as provided in subsection (a) above,where the planning and development department(PDD) shall certify in writing that the structure isan imminent threat to the public health andsafety, a certificate of appropriateness shall not berequired. However, the department of housingand development coordination shall forthwith fur-nish a copy of its certification to the commission.(Ord. No. 2013-67, § 2, 5-16-2013)

Sec. 27-104. Termination of certain uses.

(a) Adult uses, temporary help centers andblood donor centers are uses not permitted orpermissible within the Original Ybor City His-toric District. All adult uses, temporary help cen-ters and blood donor centers legally establishedon the effective date of the ordinance from whichthis article was derived shall be terminated withinthree (3) years of such date and the premises usedfor uses permitted or permissible within the dis-trict.

(b) Pursuant to section 27-177, Table 8-1, andsubsection (a) above, adult uses, temporary helpcenters and blood donor centers are already pro-hibited in the Original Ybor City Historic District.Additionally, adult uses, temporary help centersand blood donor centers shall not be permittedwithin the boundaries of the Expanded Ybor CityHistoric District. If any adult uses, temporaryhelp centers and blood donor centers were legallyestablished and operating with all required per-mits and licenses within the boundaries of the


1967Supp. No. 81

Expanded Ybor City Historic District prior to thedate of adoption of the ordinance which estab-lished the Expanded Ybor City Historic District,then such adult use, temporary help center orblood donor center shall be considered a noncon-forming use and shall be governed by the terms,provisions and limitations set forth in section27-297, Nonconforming uses of major structuresor structures and premises in combination.

Sec. 27-105. Compliance.

Compliance with the terms of the certificate ofappropriateness shall be enforced by the zoningadministrator. Failure to comply with a certificateof appropriateness shall be a violation of thischapter. The discontinuance of work or the lack ofprogress toward achieving compliance with a cer-tificate of appropriateness for a period of six (6)months shall be considered as a failure to complywith a certificate of appropriateness.

Sec. 27-106. Signs and other encroachmentsin the Ybor City Historic Dis-trict.

(a) Signs. The following requirements shallapply to awning, wall, marquee, and projectingsigns in the Ybor City Historic District and shallbe in addition to other sign regulations set forthin this Code. Where inconsistent with the regula-tions contained elsewhere in this Code, the provi-sions of this section shall apply and control in theYbor City Historic District. Placement of any signin the Ybor City Historic District is subject to thefinal approval by the Barrio Latino Commissionand shall comply with the following specific crite-ria:

(1) A minimum distance of fifteen (15) feetshall be required between signs. A mini-mum clearance of four (4) feet shall bemaintained between signs on the samefaçade.

(2) Each occupant of commercial space abut-ting public right-of-way is allowed onesign only. The occupant name may beplaced on both faces of the sign. Themaximum dimensions for the sign are asfollows: Four (4) feet long, eighteen (18)

inches high and six (6) inches thick. Thebottom of the sign shall be a minimum ofseven (7) feet above the sidewalk.

(3) Signs shall have no maximum projectioninto the right-of-way; however, no signmay project within two (2) feet, six (6)inches of that portion of the right-of-wayintended for vehicular use.

(4) Sign placement shall leave street cornersfree of obstructions to allow for safe trafficmovement and placement of utilities.

(5) If the right-of-way is needed by the cityfor any reason, the owner shall remove orrelocate the sign at his expense withinforty-five (45) working days of the writtennotice by the city.

(6) A hold harmless agreement in a formacceptable to the city must be signed bythe owner and submitted to the city priorto issuance of sign permit.

(b) Encroachments. Encroachments into thepublic right-of-way for awnings or architecturalfeatures may be authorized administrativelythrough the commercial site plan review process;provided that any encroachment in the Ybor CityHistoric District is subject to the final approval bythe Barrio Latino Commission, and the encroach-ments shall comply with the following specificcriteria:

(1) The bottom most portion of the encroach-ment shall be a minimum of seven (7) feetabove grade. There is no maximum pro-jection into the right-of-way; however, noencroachment may project within two (2)feet six (6) inches of that portion of theright-of-way intended for vehicular use.

(2) Building columns or support poles areprohibited from projecting into the right-of-way.

(3) Encroachments shall leave street cornersfree of obstruction to allow for safe trafficmovement and proper placement of utili-ties.

(4) Lighting underneath encroachments shallbe provided and maintained by the prop-erty owner.

§ 27-104 TAMPA CODE

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appear, absent good cause shown, may be groundsfor considering the application withdrawn pursu-ant to subsection (c) below.

(b) Effect of denial of application. Denial ofrezoning applications by the city council, filedunder this section, shall preclude consideration ofother rezoning applications for the same zoningclassification sought by the denied applicationinvolving the same lands or any portion thereoffor a period of twelve (12) months from the date ofdenial of the previous application. However, uponwritten application to the land development coor-dination office, the zoning administrator shallconsider a request to waive the twelve-monthperiod if in the determination of the zoning ad-ministrator the applicant demonstrates:

(1) A specific or comprehensive amendmentto the adopted land use plan became a lawsubsequent to the certification of the de-nied application for rezoning; and, theamendment has the effect of altering theland use plan so as to allow for favorablereconsideration of the application; or

(2) The new site plan rezoning request hasadequately addressed the grounds for de-nial identified during the public hearing.

Upon affirmative determination, the applicantmay file a new application with the land develop-ment coordination office, subject to the currentfiling schedule as set by the zoning administrator.

(c) Withdrawal of application. An applicant,upon written notice to land development coordi-nation and the city clerk, may withdraw hisapplication at any time; provided however, if therequest for withdrawal is received after notice ofhearing has been provided pursuant to section27-149, no application for the reclassification ofall or any part of the land which is the subject ofthe application shall be allowed for six (6) monthsfollowing the date of receipt of the notice ofwithdrawal.

(d) Refiling. Where an applicant filing an ap-plication for rezoning property fails to perfect hisapplication by not filing the affidavit on time orotherwise fails to perfect the notice or site planrequirements set forth in this chapter, so that thepetitioner may not be heard at the scheduled

public hearing, and any of the foregoing acts oromissions occur for two (2) consecutive publichearings scheduled for the subject petition, thenno new or amended application involving thesame property may be heard for a minimumperiod of six (6) months from the date of the lastpublic hearing, specifically scheduled for thatpetition and/or property.

Sec. 27-151. Comprehensive review of chap-ter.

The zoning administrator or designee shallexamine the provisions of this chapter and shallsubmit a bi-annual report to the city councilrecommending changes and amendments, if any,that are desirable in the interest of furthering thepublic health, safety and general welfare. Anytext amendment requests for this chapter madeby city council, any other city department, anypublic or quasi-public agency, or any member ofthe public, shall be submitted to the land devel-opment coordination division for review and pro-cessing. The deadline for each text amendmentcycle shall fall on January 15 and July 15 of eachcalendar year. Processing of the proposed textamendments shall begin on the deadline date,following a batch process. The zoning administra-tor or city council may initiate a text amendment,outside of the normal text amendment cycle, tocorrect an unintentional error or conflict betweensections of this chapter or with other chapters, orfor amendments to procedural matters. Refer tosection 27-148 and 27-149(a).

Sec. 27-152. Review of city council action.

Review of city council action within the proce-dures established in this article shall be to thecircuit court, and shall be in the form of a petitionfor writ of certiorari.


2059Supp. No. 81

Sec. 27-153. Reserved.

DIVISION 8. SUBDIVISION PROCEDURES*

Subdivision 1. Administrative Provisions†

Subdivision 1.1. General Provisions;

Administrative Authority; Definitions

Sec. 27-153.1. Title.

This division of this chapter shall be knownand may be cited as the "City of Tampa Subdivi-sion 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)

Sec. 27-153.1.1. Purpose.

(a) The development of a subdivision includeswith it the attendant responsibility for the provi-sion and maintenance of streets, drainage andother public or private facilities and services.Therefore, it is essential to the promotion of thepublic health, safety and welfare that the devel-opment of subdivisions be conceived, designedand constructed in accordance with sound rulesand proper minimum standards.

(b) The purpose of these procedures is to es-tablish procedures and standards for the develop-ment and subdivision of real property within thecity in an effort to, among other things: providemechanisms for bonding and construction of pub-lic improvements; ensure proper legal descrip-tion, identification, monumentation and record-

ing of real estate boundaries; aid in the coordinationof land development in accordance with orderlyphysical patterns; discourage haphazard, prema-ture, uneconomic or scattered land development;ensure that development protects significant phys-ical features and those areas which are environ-mentally sensitive; ensure safe and convenientaccess and traffic control; encourage developmentof an economically stable and healthful commu-nity; prevent periodic and seasonal flooding byproviding protective flood control and drainagefacilities; provide public open spaces for recre-ation; ensure that the citizens and taxpayers ofthe city will not have to bear the costs resultingfrom haphazard subdivision of land and the lackof authority to require timely installation by thedeveloper of adequate and necessary physicalimprovements; ensure the purchaser of land in asubdivision that necessary improvements of last-ing quality have been installed; and ensure thedevelopment is consistent with the comprehen-sive plan.

(c) The rules and regulations contained in thischapter are adopted as the city's subdivision codeto guide and coordinate subdivision developmentwithin 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)

Sec. 27-153.1.2. Applicability.

(a) Subdivision of land. Unless otherwise ex-pressly exempted by law, the provisions of theseprocedures shall apply to all subdivision of landwithin the corporate limits of the city, as now orhereafter established.

(b) Sale or transfer of land. No person shallsell or transfer any land by reference to a plat,subject to these procedures, before a final plat hasbeen approved and recorded as provided herein.Nothing herein shall be construed as affecting thevalidity of transfers of title to interests in lands,whether by private act or operation of law.

(c) Construction permits. Except as otherwiseprovided in these procedures, no constructionpermit shall be issued until a final plat has beenduly recorded in the public records of the county.

*Editor’s note—Ordinance No. 2013-67, § (Exh. A), ad-opted May 16, 2013, readopted in its entirety, renumbered andamended §§ 23-1—23-7, 23-31—23-56, 23-66—23-70, 23-101,23-116, 23-136, 23-146—23-157 as herein set out under Divi-sion 8.

Cross references—Ordinances dedicating or acceptingany plat or subdivision in the city saved from repeal, § 1-12(9);building code, Ch. 5; landscaping, tree removal and siteclearing, Ch. 13; concurrency management system, § 17.5-41et seq.; property maintenance and structural standards, Ch.19; public improvements, Ch. 20; signs, Ch. 20.5; stormwatermanagement, Ch. 21; streets and sidewalks, Ch. 22; transpor-tation, Ch. 25; utilities, Ch. 26; zoning and land development,Ch. 27.

†Cross reference—Administration, Ch. 2.

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(d) Conflict with private provisions. These pro-cedures is not intended to abrogate any legallyenforceable easement, covenant or any other pri-vate agreement or restriction; provided that, wherethe provisions of these procedures are more re-strictive or impose higher standards or regula-tions than such easement, covenant or other pri-vate agreement or restriction, the requirementsof 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)

Sec. 27-153.1.3. Administrative authority.

The subdivision procedures shall be adminis-tered 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 references—Administrative authority of the offi-cial, § 1-13; delegation of administrative authority, § 1-14.

Sec. 27-153.1.4. Alternate materials andmethods of construction; in-novative design.

(a) Alternate materials and methods of con-

struction. The subdivision procedures are not in-tended to prevent the use of alternate materialsand methods of construction not specifically pre-scribed by this chapter, provided any such alter-nate has been approved by the applicable admin-istrative authority. Any such alternate, shall beapproved, provided it is found that the alternatefor the purpose intended, is at least the equiva-lent of that prescribed, in quality, strength, effec-tiveness, fire resistance, durability and/or safety.The applicant shall be required to provide suffi-cient evidence or proof to substantiate any claimmade regarding the alternate. If these criteria arenot met, the request shall be denied.

(b) Innovative design. The subdivision proce-dures are not intended to prevent the use ofinnovative designs not specifically prescribed bythis chapter, provided any such design has beenapproved by the applicable administrative author-ity. Any innovative design may be approved, whichis at least the equivalent of that prescribed in thischapter 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 im-provements. The applicant shall be required toprovide sufficient evidence or proof to substanti-ate any claim made regarding the design. If thesecriteria 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)

Sec. 27-153.1.5. Cemetery; condominiumplats.

(a) Any cemetery, as defined by state law,meeting the definition of a subdivision as definedherein shall be regulated under the provisions ofF.S. Ch. 497.

(b) A condominium, as defined by state law,meeting the definition of a subdivision as definedherein, shall be regulated under the provisions ofF.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.

Subdivision 1.2. Certificates; Documents;

Requirements; Etc.

Sec. 27-153.2. Applications, documentation.

(a) The order, sequence and prerequisites formaking applications for service shall be as desig-nated by the subdivision coordinator.

(b) The city may require plans, specificationsor drawings and such other information as it maydeem necessary and pertinent prior to the grant-ing of approval. If the city determines that theplans, specifications, drawings, descriptions orother information furnished by the applicant is incompliance with this chapter, the rules and regu-lations of any other department having jurisdic-tion and any other laws, rules and regulationspertaining to construction, it shall approve thedocuments.(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)

§ 27-153.2ZONING AND LAND DEVELOPMENT

2060.1Supp. No. 81

Sec. 27-153.2.1. Stages of subdivision review.

Except as provided below, the review and ap-proval for subdivision plats under these proce-dures shall be divided into three (3) stages: pre-liminary plat, construction drawings and finalplat.(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)

Sec. 27-153.2.2. Phased developments.

(a) Generally. Any subdivision involving phasedor staged development shall be identified in writ-ten and graphic form in the application for pre-liminary plat review and shall designate, forinformation purposes only, all construction phasesand the proposed development schedule.

(b) Independent operation. All constructionphases in a development shall be constructed tobe capable of operating independently or in con-junction with other constructed phases with re-spect to drainage, vehicular circulation, utilitiesand other public improvements and services.

(c) Modifications to approved phase boundar-

ies. Modifications to approved phase boundariesmay be administratively approved by the depart-ment following submission of a new written andgraphic description of such modifications, pro-vided that such phasing does not conflict with anypreviously approved construction drawings or sub-section (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)

Sec. 27-153.2.3. Preliminary plat—Generally,

The purpose of the preliminary plat is to safe-guard the developer from unnecessary loss of timeand expense involved in having final engineeringdrawings and specifications prepared which donot conform to the standards herein. The prelim-inary plat, therefore, will serve to demonstrateconsistency with subdivision standards and withthe comprehensive plan. It does not imply ap-

proval of construction drawings or final plat. Thepreliminary plat requires the scale, dimensionsand 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)

Sec. 27-153.2.4. Same—Preapplication platconference and simultane-ous submittal of PD final siteplan and preliminary plat.

(a) To facilitate the preparation of a prelimi-nary plat, the developer and/or surveyor, engineeror land planner is encouraged to discuss infor-mally the preliminary studies and sketches forthe subdivision of land with the department andother city departments and governmental agen-cies to facilitate the preparation and design of aplat which conforms with these procedures.

(b) The PD final site plan and preliminary platmay be submitted for review simultaneously pro-vided that the preliminary plat is not approveduntil the PD final site plan is approved by citycouncil.(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)

Sec. 27-153.2.5. Same—Filing of applications;administrative review.

The owner or owner's authorized representa-tive shall submit to the department the requirednumber of copies of the documents for prelimi-nary plat approval, prepared and submitted inaccordance with section 27-153.2.21. Followingreceipt of this application, all appropriate citydepartments and other reviewing agencies shallreview the plat and return comments to thedepartment.(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)

Sec. 27-153.2.6. Same—Action by city.

(a) Within a reasonable period of time follow-ing receipt of the city staff's recommendation, thecity shall approve or disapprove the preliminaryplat, stating in writing any reasons for disap-proval.

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(b) When plans have been disapproved, theapplicant has three (3) months from the notifica-tion date to make any revisions and resubmitplans for review. After three (3) months, the plansbecome 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)

Sec. 27-153.2.7. Same—Effect of approval.

(a) Approval of a preliminary plat shall ac-knowledge the basic design of the subdivision andconsistency with the comprehensive plan andzoning code. It shall not constitute approval ofconstruction drawings or the final plat; it shallnot authorize recording or acceptance of improve-ments or dedications. Upon approval of the pre-liminary plat, the developer has six (6) months tosubmit construction drawings. If the constructiondrawings are not submitted within six (6) monthsfrom the date the preliminary plat is approved,then the preliminary plat approval shall expire.The developer may request an extension of theapproval for an additional six (6) months, uponwritten notice provided ten (10) days before thesix (6) month expiration date.

(b) Any person developing a subdivision involv-ing phased development may request a long-termextension of preliminary plat approval by writtennotice provided before the six (6) month expira-tion date.

(c) If preliminary plat approval lapses, theplans become subject to any changes in the CityCode.(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)

Sec. 27-153.2.8. Construction drawings—Generally.

(a) The purpose of the review and approval ofconstruction drawings by the city is to ensuresatisfaction of the city design and specificationrequirements for the improvements that are to beconstructed to serve the subdivision.

(b) Prior to submission of the final plat, thedeveloper shall submit construction drawings forthe installation of improvements that are to beconstructed 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)

Sec. 27-153.2.9. Reserved.

Sec. 27-153.2.10. Same—Filing of applica-tion; administrative review.

(a) Filing of application. The owner or hisauthorized representative shall submit to thedepartment the required number of copies ofdocuments for construction drawing approval, pre-pared and submitted as required by section 27-153.2.22. Construction drawings, which are con-sistent with the preliminary plat, may be submittedsimultaneously with the preliminary plat. Follow-ing receipt of these documents, all appropriatecity departments shall review the constructiondrawings and return comments to the depart-ment.

(b) Conformance with preliminary plat. Con-struction drawings shall substantially conform tothe approved preliminary plat; provided, how-ever, that the construction drawings shall besubject to subdivision, zoning, environmental,health and all other applicable regulations ineffect at the time of construction drawing submis-sion.

(c) Administrative review.

(1) After receipt of construction drawings, allreviewing agencies shall approve or dis-approve the construction drawings, stat-ing in writing any reasons for disap-proval.

(2) When plans have been disapproved, theapplicant has three (3) months from noti-fication date to make any revisions andresubmit plans for review. After three (3)months, the plans become subject to anychanges in the City Code.

(d) Commencement of construction activities.

Except as provided herein, no clearing, grading,drainage or other construction activities con-

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nected with the subdivision application, excepttesting, land alteration activities and brush re-moval necessary to complete surveying, shall com-mence on the site until all required constructiondrawings are approved and all applicable permitsare obtained. Authorized brush removal shall notbe deemed to include the removal or damaging ofany trees protected by the City Code.

(e) Townhome developments. For townhome de-velopment projects, the developer may submit one(1) set of plans containing all of the informationrequired for construction drawings and commer-cial site plan review. The subdivision coordinatorshall coordinate the plan review for the subdivi-sion construction drawing review and the com-mercial site plan review as one review. Construc-tion shall not commence until the plans have beenapproved for both. Upon completion of the com-mercial site plan review and the constructiondrawings review and approval of the plans, thedeveloper may begin construction to the extentprescribed 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)

Sec. 27-153.2.11. Same—Effect of approval.

(a) Upon approval of the construction draw-ings and obtaining the applicable permits, thedeveloper may:

(1) Obtain those permits to construct thoseimprovements described on the approvedconstruction drawings; or

(2) File for final plat approval and pursuantto section 27-153.2.15 elect to post perfor-mance security prior to city council ap-proval of the plat.

(b) Upon approval of the construction draw-ings, the developer may submit building permitapplications to construct model homes/sales cen-ters, golf courses, swimming pools, pool cabanas,perimeter walls, and entry features including, butnot limited to, wall signs, security guard stationsand entry walls.

(c) Upon approval of the construction draw-ings, the developer has six (6) months to beginconstruction of the required improvements as

shown on the approved construction drawings. Ifconstruction does not begin within six (6) months,the developer may request an extension for amaximum of six (6) months by providing writtennotice to the department before the original six (6)months expiration date. The request will be for-warded to all infrastructure departments for re-view. 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 theCity 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)

Sec. 27-153.2.12. Final plat—Generally.

(a) The purpose of the review and approval ofthe final plat by the city is to ensure that allrequirements of these procedures have been sat-isfied.

(b) The developer may submit a final plat forapproval for the entire subdivision when any one(1) of the following conditions exist:

(1) All private improvements, if any, havebeen installed and approved by the cityand all public improvements, if any, havebeen installed and accepted by the city;

(2) In the absence of the completion of allimprovements referenced in subsection(b)(1) above, provision of security for suchinstallation as required by section 27-153.2.15; or

(3) In the absence of any required improve-ments, as determined by the preliminaryapplication conference.

(c) The developer may submit a final plat forreview prior to construction drawing approval.However, the final plat will not be accepted untilone (1) cycle of the construction drawing reviewhas been completed. The submission of the finalplat does not imply approval of the constructiondrawings.

(d) Any project that is subject to commercialsite plan review may be submitted for that reviewsimultaneously with the preliminary plat review

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and/or construction drawing review. The devel-oper may submit one (1) set of plans containingall of the information required for preliminaryplats or construction drawings and commercialsite plan review. The subdivision coordinator shallcoordinate the plan review for the subdivisionpreliminary plat or construction drawing reviewand the commercial site plan review as one (1)review. If preliminary plat and/or constructiondrawings are not required for a particular project,the commercial site plan may be submitted withthe final plat as one (1) set of plans containing allof the information required for commercial siteplan review and final plat review for a simulta-neous review coordinated by the subdivision coor-dinator, provided that the commercial site plan isnot approved before the city council approves thefinal plat and it is recorded in the public records ofHillsborough 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)

Sec. 27-153.2.13. Same—Filing of applica-tion; administrative review.

(a) Filing of application. The owner or owner'sauthorized representative shall submit to thedepartment an original and the required numberof copies of documents required for final platapproval. Such documents shall be prepared andsubmitted in accordance with section 27-153.2.23.Following receipt of these documents, they shallbe reviewed by all appropriate city departments,and comments from the reviewing city depart-ments will be submitted to the department.

(b) Administrative review.

(1) Upon receipt of the application for finalplat approval, the department shall for-ward copies to all appropriate city depart-ments for review. Because final plats can-not be conditionally approved and mustbe accurate for recording in the publicrecords, the developer, engineer of record,surveyor or other appropriate parties maybe called upon to make appropriate cor-rections. Once a determination is made bycity staff that the plat and all supporting

documents conform to city requirements,the final plat will be forwarded to the citycouncil for approval.

(2) When plans have been disapproved, theapplicant has three (3) months from thenotification date to make any revisionsand resubmit plans for review. After three(3) months, the plans become subject toany 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)

Sec. 27-153.2.14. Same—Standards for ap-proval; effect of approval.

(a) Standards for approval. No final plat shallbe approved for recording, unless:

(1) The final plat is substantially in confor-mance with the approved preliminary plat;

(2) The final plat is in compliance with allapplicable regulations, approved construc-tion drawings and as-built drawings;

(3) All improvements have been installed,inspected and accepted in accordance withsection 27-153.3.4 of these procedures or,when approved by the city, the developerhas provided adequate performance secu-rity in accordance with section 27-153.2.15of these procedures and the developerprovides to the city adequate defect secu-rity in accordance with section 27-153.2.16of these procedures;

(4) The developer has paid all applicationand recording fees required by the city;

(5) When construction of improvements isrequired, a subdivision agreement in sub-stantial conformance with the model agree-ment provided by the city has been exe-cuted by the developer; and

(6) The developer has provided one (1) copy ofall homeowners documents (articles ofincorporation, bylaws, and deed restric-tions) for review by the city attorney andthree (3) copies of the approved homeown-ers documents.


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(b) Contingent approval. Final plat approvalshall be contingent upon the developer providingproof of:

(1) All required permits from the FloridaDepartment of Transportation, Depart-ment of Environmental Protection andthe U.S. Corps of Engineers;

(2) Filing with the Department of State of thebylaws and articles of incorporation forthe Homeowners Association; and

(3) All required state and local permits forwells and septic tanks.

(c) Effect of approval. No lot may be sold untilall 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)

Sec. 27-153.2.15. Performance security.

(a) Performance security required.

(1) Full performance security. In order to re-ceive final plat approval before the instal-lation of all improvements, the developershall provide and maintain sufficient fullperformance security guaranteeing the in-stallation and approval of all private on-site or off-site improvements and the in-stallation and acceptance of all publicon-site or off-site improvements, exceptsidewalks. When providing full perfor-mance security, the developer shall sub-mit the performance security on formsprovided by the city two (2) weeks beforeto city council action; such security shallbe effective as of the date city councilapproves the subdivision. Such perfor-mance security shall comply with all stat-utory requirements, the requirements ofsection 27-153.2.22(7) of this Code, and besatisfactory in form to the city attorneyand appropriate city staff and be in anamount equal to one hundred twenty-five(125) percent of the developer's contractfor the work or a certified engineers esti-mate, subject to approval of the appropri-ate city staff. When providing a bond for

performance security, the bonding com-pany shall have a B+ or better rating inaccordance with "Best Bond Book."

(2) Partial performance security. In order toreceive final plat approval after installa-tion and approval of a specific privateimprovement or the installation and ap-proval of a specific public improvementbut prior to installation and approvals ofall private improvements and the instal-lation and approval of all public improve-ments, the developer shall provide suffi-cient partial performance securityguaranteeing the installation of any re-maining improvements not yet installedin the amount of twenty (20) percent ofthe developer's contract for the installa-tion of the entire of the improvementsbeing partially secured. Partial perfor-mance may be provided at the point thecity and the developer deem the improve-ment substantially complete as certifiedby the developer's engineer of record. Par-tial performance security may be postedfor the completion of a particular improve-ment, although other improvements areyet to be completed. Partial performancesecurity may not be posted if only a per-centage of a particular improvement iscompleted. Approval for posting a partialperformance security must be given bythe appropriate infrastructure depart-ment as it relates to the improvement.When providing partial performance se-curity, the developer shall submit the par-tial performance security on forms pro-vided by the city two (2) weeks prior tocity council action; such security shall beeffective as of the date of city councilapproval of the subdivision. Such perfor-mance security shall comply with all stat-utory requirements, be satisfactory in formto the city attorney subject to approval byappropriate city staff and be in an amountacceptable to the city so as to equal thefull estimated cost adjusted to cover infla-tion and administration for installation ofany remaining improvements not yet in-stalled, approved and/or accepted; in nocase will the amount be less than one

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hundred twenty-five (125) percent of thedeveloper's contract for the installation ofthe remaining improvements.

(b) Performance security not required. If allprivate improvements have been approved andinspected by the city and all public improvementshave been approved and accepted by the city, thedeveloper shall not be required to provide perfor-mance security upon final plat approval by staffprior to city council action.

(c) Effective period; extensions. The effectiveperiod of the performance security shall not beless than one (1) year from the date city councilapproves the subdivision; provided, however, thatthe city may permit or require extensions byrenegotiation of the security amount and execu-tion of a new security and subdivision agreement.Performance security for streetlights will not beextended more than the allotted twelve-monthtime frame if one-third (1/3) or more of the totalnumber of units in the subdivision have receivedtheir certificates of occupancy. Under no circum-stances will performance security for streetlightsbe extended beyond one (1) year from the expira-tion date of the original security provided.

(d) Default of performance security. Where ap-proved performance security has been providedand the improvements have not been installedaccording to the approved construction drawings,the City Code or the terms of the performancesecurity instrument, the city may, upon ten (10)days' written notice to the parties to the instru-ment, declare the performance security to be indefault and exercise the city's rights thereunder.Upon default, no further permits or approvalshall be granted for the project until adequateprogress toward completion of the remaining im-provements is shown as determined by the city.

(e) Release of performance security. Subject tothe terms of such security and subdivision agree-ment, the performance security shall be releasedby the city when all private improvements areinstalled, inspected and approved and when all

public improvements are installed, inspected andaccepted pursuant to section 27-153.3.4 of theseprocedures.(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 tobe licensed by state, § 2-231.

Sec. 27-153.2.16. Defect security; release ofdefect security.

(a) Defect security. Upon final acceptance ofimprovements by the city, the developer shall postsecurity, in an amount equal to ten (10) percent ofthe actual construction costs of improvements forthe purpose of correcting any construction, designor material defects or failures within public rights-of-way or easements in the development or re-quired off-site improvements. The form and man-ner of execution of such securities shall be subjectto the approval of the city attorney. The effectiveperiod for such security shall be one (1) year andthirty (30) days following the city's acceptance ofthe installed improvements. Upon default, thecity may exercise its rights under the defectsecurity instrument, upon ten (10) days' writtennotice by certified mail to the parties to theinstrument.

(b) Release of defect security. Subject to theterms of such security and subdivision agree-ment, the defect security shall be released by thecity 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)

Sec. 27-153.2.17. Final plat—Effect of ap-proval.

(a) Upon approval of the final plat by city staff,the city council shall:

(1) Approve or disapprove the final plat andany legal instruments;

(2) Authorize the recording of the plat andsupporting documents for all purposesunder state law.


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(b) Application for building permits may besubmitted 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)

Sec. 27-153.2.18. Same—Recording and re-producing.

(a) Following approval by the city council, theoriginal final plat and original copies of anysupporting legal documents required to be re-corded in the public records shall be submitted bythe developer to the department who will in turnsubmit such plat and supporting documentationdirectly to the clerk of the circuit court for recor-dation within the public records of the county.Following recording of the plat, the clerk of thecircuit court, in coordination with the depart-ment, shall have prints and reproducible copies ofthe final plat made for distribution.

(b) In addition to the above, copies will beprepared for the developer upon prior writtenrequest to the department. The actual cost ofrecording and preparing all required copies, printsand reproducibles shall be paid by the developer.

(c) Notwithstanding any other provisions ofthese procedures, if a final plat is not recordedwithin six (6) months from the effective date ofthe resolution approving the final plat for thesubdivision, then administrative approval of thepreliminary plat, construction drawings and finalplat 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)

Sec. 27-153.2.19. Same—Requirements sub-sequent to recording.

(a) Upon construction completion and accep-tance of improvements, a defect security bondshall be required pursuant to section 27-153.2.16.

(b) When installation of improvements has oc-curred subsequent to final plat recordation, thesurveyor'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)

Sec. 27-153.2.20. Same—Amendments.

(a) Vacating and replatting. Whenever landcomprising all or part of an existing plat of recordis proposed as all or part of a new plat, it shall beproperly vacated prior to final plat approval of thenew subdivision in accordance with the proce-dures set forth in F.S. § 177.101(3), (4), (5).

(b) Revision of final plat after recordation. Nochanges, erasures, modifications or revisions shallbe made on any final plat after approval has beengiven, unless the plat is resubmitted to the citycouncil for its approval. This shall not affect theright to file an affidavit confirming an error on arecorded plat as provided by law.

(c) Minor amendments.

(1) When it is necessary to modify a platwhich has been duly recorded, the appli-cant may do so through the minor amend-ment or single amendment process.

a. The minor amendment process shallconsist of submission of a final platto the department including the mod-ifications for recording in the publicrecords of the county. The minoramendment process shall apply iftwo (2) or more of the following mod-ifications are proposed:

1. Lot line adjustment, providedthat the number of lots doesnot increase and the individuallot sizes still meet the mini-mum lot sizes prescribed inChapter 27 of this Code;

2. Minor adjustments in streetalignments;

3. Release or dedication of ease-ments; or

4. Street name changes.

b. The single amendment process shallapply where only one (1) modifica-tion described in subsection (c)(1)a.is necessary. The single amendmentprocess shall consist of submission ofa final plat or, at the city's option,submission of an alternate docu-ment recordable in the public re-

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cords as prescribed by the depart-ment, provided that the changes areapproved by the city council andrecorded in the public records of thecounty.

(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)

Sec. 27-153.2.21. Application submission re-quirements for preliminaryplats.

All applications for preliminary plat approvalshall be submitted to the department in therequired number of copies and shall include theinformation as specified in the subdivision reviewtechnical manual, provided that the departmentor other appropriate departments may waive ormodify such submittal requirements if a determi-nation is made that such information is currentlyavailable to the city or is otherwise unnecessary.All determinations to waive or modify submittalrequirements shall be made at the preapplicationconference. The application for preliminary platapproval shall include the following:

(a) Boundary drawing. A sketch showing ametes and bounds description of the prop-erty proposed to be platted, total acreage,existing easements, utilities, streets, gen-eral topography, floodplain and flood zoneboundaries and other significant featuresexisting at the time of submission;

(b) Legal description. A legal description ofthe property, including the citation andgeneral description of any existing ease-ments, covenants or other restrictions af-fecting the use and development of theproperty existing at the time of submis-sion. The legal description shall includethe total acreage of the parcel or tract ofland to be platted;

(c) Vicinity map. A vicinity map at a conve-nient scale showing the site, includingexisting roads and waterways, street rights-of-way and street intersections on all four(4) sides;

(d) Development schedule and plan. A pro-posed development schedule indicating the

approximate starting and completion datesfor the entire project and any phases,complete with a plan identifying and de-scribing such phases;

(e) Subdivision name. The name of the platshall be shown in bold legible letters ofuniform size and type, including the words"section," "unit," "replat," "amended," etc.,although the latter need not be in boldletters of the same size as the basic name.The name of the subdivision shall beshown on each sheet included. Such nameshall not be so similar to another recordedsubdivision in the city or county so as toconfuse their identities. Subdivision namesare subject to approval by the city;

(f) Transportation analysis. A transportationanalysis shall be prepared by a profes-sional traffic engineer. The analysis shallinclude the total trips generated by theproject and the distribution of the tripsonto adjacent streets. Institute of trafficengineers (ITE) trip generation rates oranother approved source shall be used asthe basis for trip generation calculations.(Note: Required only if analysis not pre-viously prepared in association with an-other development approval, i.e., DRI, re-zoning, etc., approved for the same project.)This requirement may be waived if thetransportation division determines thatthe transportation impact will not be sig-nificant. In addition, the detailed trafficanalysis shall include, but not be limitedto, the following:

(1) Level of service calculations at eachproject access point for both the a.m.and p.m. peak hours;

(2) A determination of need for auxil-iary lanes;

(3) A determination of need for trafficsignalization or other control de-vices;

(4) Other transportation factors as maybe appropriate as determined by thecity's transportation division, basedupon generally accepted traffic engi-neering practices;


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(g) Concurrency review for transportation. Allsubmissions for preliminary plat reviewshall include an application for a concur-rency management transportation re-view. The transportation division will de-termine if the proposed project isconcurrent. If a project is found not to beconcurrent, the developer will be advisedto schedule a methodology meeting withthe city's traffic engineer. When a projectis in compliance with concurrency, a tem-porary certificate of concurrency will beissued upon approval of the constructiondrawings. The final certificate of concur-rency will be issued upon recordation ofthe final plat. The final certificate of con-currency will be required to apply for allbuilding permits;

(h) Preliminary plat. A preliminary plat pre-pared in accordance with and includingthe following information:

(1) Graphic standards.

a. Sheet size. Drawings shall beon one (1) or more sheets twenty-four (24) inches by thirty-six(36) inches in size. A three-inchmargin shall be provided on theleft edge and one-half-inch mar-gin on the remaining three (3)edges of all sheets;

b. Scale. All plans shall be at ascale which is no smaller thanone (1) inch equals one hun-dred (100) feet;

c. Dimensions. All dimensionsshall be feet;

d. North arrow. All drawings shallhave a north arrow pointing tozero degrees north; and

e. Title block. A title block shall belocated in the lower right cor-ner of the format of all sheetsand shall contain the followinginformation:

1. Subdivision name;

2. City, county and state;

3. Sheet number and totalnumber of sheets;

4. Name, address and phonenumber of the responsibleindividual or professional;and

5. Preparation date and dateof any revisions;

(2) Existing site conditions.

a. The location of the property withrespect to adjoining develop-ment, together with the exist-ing zoning on adjoining prop-erty and existing land usesadjacent to the property (one-hundred-foot band at a mini-mum);

b. The name, location and widthof existing or platted streetsand street rights-of-way withinor contiguous to the site;

c. The size and approximate loca-tion of sewers, water mains,storm drains and other under-ground facilities within or inclose proximity to the site;

d. The location and width of ease-ments for all utilities, such aselectric power lines, within andadjacent to the site;

e. Topographic contours at one-foot intervals (five-foot contoursin areas of steep slope whenauthorized by the departmentof public works), based on meansea level datum. Topographicinformation shall be furnishedby USGS, SWFWMD or a cer-tified land surveyor;

f. National flood insurance pro-gram's flood zone boundariesand categories;

g. The location of trees or treegroupings and watercourses andother significant natural fea-tures, which shall be by refer-ence on an aerial photograph ata scale of not less than one (l)

§ 27-153.2.21 TAMPA CODE

2060.10Supp. No. 81

inch equals one hundred (100)feet and the location and grossacreage of all wetlands and ju-risdictional areas; and

h. The location and nature of ex-isting land uses, historic sitesand structures, buildings andexisting zoning;

(3) Subdivision design.

a. The location and approximatedimensions of all lots. All lotsshall be numbered. In mixed-use developments, general des-ignations of intended use shallbe included;

b. The location, nature and in-tended purpose of any proposedeasements, reservations or ded-ications;

c. The location and approximatedimensions of reserved or ded-icated recreational open space,including the total acreage ofopen space;

d. The nature, location and approx-imate dimensions of any bufferor other areas;

e. The name, location, width andcurve radii of all proposedstreets and rights-of-way;

f. The nature, location and approx-imate dimensions of all side-walks, pedestrian ways and bikeways;

g. The general location and methodof the potable water source;

h. The general layout of thestormwater management sys-tem, designed to specificationsof the city; and

i. The approximate location of anyproposed security guard houses,entry walls, entry gates, fences,perimeter walls and street me-dians; and

(4) All other information reasonably re-quired 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)

Sec. 27-153.2.22. Submission requirementsfor construction drawings.

All construction drawings shall be submitted tothe department in the required number of copiesand shall conform to specifications and require-ments of the city and the requirements listed inthe subdivision review technical manual. Con-struction drawings shall be prepared and certifiedfor all improvements by a state-registered profes-sional engineer. All revisions shall be preparedand submitted as required for original drawings.Construction drawings shall include the follow-ing:

(a) Legal description. A legal description ofthe property, including the citation andgeneral description of any existing ease-ments, covenants or other restrictions af-fecting the use and development of theproperty existing at the time of submis-sion;

(b) Existing site conditions.

(1) Location, size, elevation and otherappropriate descriptive informationof existing facilities and featuresshown on the approved preliminaryplat and the point of connection toproposed facilities and utilities. Allwater bodies shall show approxi-mate high- and low-water eleva-tions;

(2) Topographic contours at one-foot in-tervals, based on mean sea leveldatum. Topographic contours maybe shown at the same scale as pre-sented in the approved preliminaryplat; and

(3) Flood elevation data and flood zonesdelineated;


2060.11Supp. No. 81

(c) Subdivision design.

(1) Proposed grading and/or spot eleva-tions at sufficient detail to define theproposed drainage patterns;

(2) Lot, block and street design showingradii of all curves and corners;

(3) Profiles depicting existing and pro-posed elevations along centerlines ofall roads and intersections;

(4) Cross sections of all street intersec-tions;

(5) Plans and profiles depicting the lo-cation and typical cross sections ofall required improvements;

(6) Details illustrating connections toexisting and proposed utility sys-tems;

(7) Details showing sidewalks, all traffic-control, striping and street signagein accordance with requirements ofthe city; and

(8) Location of fire hydrants;

(d) Other information submitted in graphic

and/or narrative form.

(1) All stormwater calculations and de-scriptions, prepared by a state-regis-tered engineer, needed to show com-pliance with city, state and federalrequirements;

(2) Type and location of any erosion andsedimentation controls which will beused during the construction pro-cess;

(3) All calculations and descriptions, pre-pared by a state-registered engineer,used in sizing water and sewer mains,including any impact on existing sys-tems and fire flow requirements;

(4) All plans, calculations and descrip-tions necessary to show that thesewage disposal system is in compli-ance with all applicable federal, state,county and city requirements;

(5) All plans, calculations and descrip-tions required to determine that the

potable water supply system is incompliance with all applicable fed-eral, state, county and city require-ments;

(6) Copies of permits or approvals fromthe Environmental Protection Com-mission and Southwest Florida Wa-ter Management District;

(7) Identification of all wetland encroach-ments;

(8) Calculations for storage lane capac-ity, where applicable; and

(9) All additional information as re-quired 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 insize. A three-inch margin shall beprovided on the left edge and one-half-inch margin on the remainingthree (3) edges of all sheets;

(2) Scale. All plans and profiles shall beat a horizontal scale of one (1) inchequals fifty (50) feet and a verticalscale of one (1) inch equals five (5)feet;

(3) Dimensions. All dimensions shall befeet and decimals of a foot;

(4) North arrow. All drawings shall havea north arrow pointing to the top ofthe drawing zero degrees north; and

(5) Title block. A title block shall belocated in the lower right corner ofthe format of all sheets and shallcontain the following information:

a. Subdivision name;

b. City, county and state;

c. Sheet number and total num-ber of sheets;

d. Name, address and phone num-ber of the responsible individ-ual or professional; and

§ 27-153.2.22 TAMPA CODE

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e. Preparation date and date ofany 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)

Sec. 27-153.2.23. Submission requirementsfor final plats.

All final plats shall be prepared in compliancewith these procedures and other applicable laws.An original and the required number of copiesshall be submitted to the department and includethe information specified in the subdivision re-view technical manual:

(a) Application form and required processing

fees. On forms provided by the city, acomplete application and affidavit bear-ing the signatures and acknowledgementof all current property owners of recordand all processing fees required by thecity;

(b) Certification required on final plat. Inconformance with forms established bythe city, all final plats shall be prepared toinclude the following certifications whichshall be printed on the original plat:

(1) Certificate of survey;

(2) Certificate of approval of the citycouncil;

(3) Certificate of ownership and dedica-tion and, when desired, separatemortgagee's joinder in and ratifica-tion of subdivision plat and all ded-ications and reservations thereon maybe submitted as a separate instru-ment; and

(4) Certificate of approval of the clerk ofthe circuit court;

(c) Certificates, legal instruments and other

documents required. In conformance withforms established by the city and in addi-tion to the certifications required in sub-section (b) and the requirements specified

in section 27-153.3.4, the following shallbe provided prior to final plat approval bythe city council:

(1) When improvements are constructed,completed and accepted prior to finalplat recordation, the following docu-ments shall be provided:

a. Title certification;

b. Subdivision agreement;

c. Certificate of cost estimate (oractual installation cost)

d. Defect security bond;

e. Surveyor's certificate of instal-lation of P.C.P.'s in accordancewith F.S. § 177.091(8); and

f. Signed and sealed as-built draw-ings;

(2) When improvements are constructed,completed and accepted subsequentto final plat recordation, the follow-ing documents shall be provided:

a. Title certification;

b. Subdivision agreement;

c. Certificate of cost estimate (oractual installation cost);

d. Performance security bond; and

e. Defect security bond (after im-provements are accepted formaintenance by the city); and

(3) When a subdivision is a replat ofsubdivided lands, the appropriate doc-umentation shall be recorded as pre-scribed by the city;

(d) Provision and assurance for mainte-

nance of common facilities.

(1) All documents and other assur-ances, including deed restric-tions, articles of incorporationand bylaws, prepared in accor-dance with the laws of the stateand satisfactory to the city at-torney, to establish a means ofcommon ownership and man-agement of all common areas,facilities or improvements in-tended for use by some or all of


2060.13Supp. No. 81

the occupants of the subdivi-sion, but not proposed to beprovided, owned, operated ormaintained at general publicexpense;

(2) Any subdivision project whichwill remain in single ownershipneed not create a separate legalentity to guarantee mainte-nance of required improvements.However, deed restrictionswhich provide for maintenanceof the improvements must besubmitted; and

(3) All documents that are requiredpursuant to the provisions ofthis section must be recordedby the city at the developer'sexpense subsequent to approvalby the city attorney's office andbefore or simultaneous with therecording of the plat in the pub-lic records of HillsboroughCounty.

(e) Flood data. Flood zones and flood eleva-tion data, if applicable, shall be provided;

(f) Original mylars. The applicant shall pro-vide an original Mylar, and two (2) repro-ducible Mylars prior to submission to thecity council. The scale on the originalMylar and the copy shall be no smallerthan one (1) inch equals one hundred(100) feet. The two (2) sets of reproducibleMylars shall be at a scale of one (1) inchequals two hundred (200) feet;

(g) Final plat. In addition to required certifi-cations, final plats shall be prepared toinclude the following:

(1) Graphic standards.

a. Material. An original drawingmade with black permanentdrawing ink on a good gradelinen tracing cloth or stable basefilm a minimum of .003 inchesthick. Marginal lines, standardcertificates and approval formsshall be printed on the platwith a permanent black draw-

ing ink. A print or photographiccopy of the original drawingshall be submitted with the orig-inal drawing;

b. Size, margin. The size of eachsheet shall be eighteen (18)inches by twenty-four (24) inchesand shall be drawn with a mar-ginal line or may be printedcompletely around each sheetand placed so as to leave atleast a one-half-inch margin oneach of three (3) sides and athree-inch margin on the leftside of the plat for binding pur-poses;

c. Multiple sheets. When more thanone (1) sheet must be used toaccurately portray the landssubdivided, each sheet mustshow the particular number ofthat sheet and the total num-ber of sheets included, as wellas clearly labeled matchlines toshow where other sheets matchor adjoin;

d. Scale. The scale used shall beof sufficient size to show alldetail and shall be both statedand graphically illustrated by agraphic scale drawn on everysheet showing any portion ofthe lands subdivided;

e. Subdivision name. The name ofthe plat shall be shown in boldlegible letters of uniform sizeand type, including the words"section," "unit," "replat,""amended," etc., although thelatter need not be in bold let-ters of the same size as thebasic name. The name of thesubdivision shall be shown oneach sheet included. Such nameshall not be so similar to an-other recorded subdivision inthe city or county so as to con-

§ 27-153.2.23 TAMPA CODE

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fuse their identities. Subdivi-sion names are subject to ap-proval by the city;

f. North arrow. A prominent northarrow shall be drawn on everysheet, including showing anyportion of the lands subdivided.The bearing or azimuth refer-ence shall be clearly stated onthe face of the plat in the notesor legend; and

g. The plat shall include in a prom-inent place, the following state-ment:

"NOTICE: There may be addi-tional restrictions that are notrecorded on this plat that maybe found in the public recordsof this county."; and

(2) Required information.

a. Location.

1. Coordinates. Each platshall show the section,township and range, as ap-plicable, or, if in a landgrant, the plat will so state.If the subdivision is in anarea where state plane co-ordinates have been estab-lished, the legal descrip-tion shall refer to thecoordinates;

2. Jurisdiction. The namesof the "City of Tampa,""Hillsborough County," and"State of Florida" shall ap-pear under the name ofthe plat;

3. Property description. Eachplat shall show a descrip-tion of the lands subdi-vided, and the descriptionshall be the same as in thetitle certification. The de-scription must be so com-plete that from it, without

reference to the plat, thestarting point and bound-ary can be determined;

4. Section lines; metes and

bounds; land grants. Allsection lines and quartersection lines occurring inthe map or plat shall beindicated by lines drawnupon the map or plat, withappropriate words and fig-ures. If the description isby metes and bounds, thepoint of beginning shallbe indicated, together withall bearings and distancesof the boundary lines. Ifthe platted lands are in aland grant or are not in-cluded in the subdivisionof government surveys,then the boundaries areto be defined by metes andbounds and courses. Theinitial point in the descrip-tion shall be tied to thenearest government cor-ner or other recorded andwell-established corner;

5. Contiguous properties;

resubdivisions. All contig-uous properties shall beidentified by subdivisiontitle, plat book and pageor, if unplatted, land shallbe so designated. If thesubdivision platted is aresubdivision or a part ofthe whole of a previouslyrecorded subdivision, suf-ficient ties shall be shownto controlling lines appear-ing on the earlier plat topermit an overlay to bemade; the fact of its beinga resubdivision shall bestated as a subtitle follow-ing the name of the subdi-vision wherever it appearson the plat;


2060.15Supp. No. 81

b. Permanent reference monu-

ments. Each P.R.M. shall beshown on the plat by appropri-ate designation;

c. Permanent control points. AllP.C.P.'s shall be shown on theplat by an appropriate designa-tion. It is the land surveyor'sresponsibility to furnish theclerk or recording officer of thecounty his certificate that theP.C.P.'s have been set and thedates the P.C.P.'s were set, inaccordance with a surveyor'scertification form established bythe county; and

d. Design.

1. Streets, waterways. Loca-tion, width and names ofall streets, waterways orother rights-of-way shallbe shown on the plat;

2. Easements. Location anddimensions of all ease-ments shall be shown onthe plat, shall be describedin the notes or legend asnecessary and their in-tended use shall be clearlystated;

3. Lot and block numbers. Alllots shall be numbered byprogressive numbers and,if numbered by blocks,each block shall be progres-sively numbered or let-tered, except that blocksin numbered additionsbearing the same namemay be numbered consec-utively throughout the sev-eral additions;

4. Corner radii. Block cornerradii dimensions shall beshown;

5. Survey data. Sufficient sur-vey data shall be shown topositively describe thebounds of every lot, block,

street, easement and allother areas shown on theplat. When any lot or por-tion of the subdivision isbounded by an irregularline, the major portion ofthat lot or subdivision shallbe enclosed by a witnessline showing completedata, with distances alongall lines extended beyondthe enclosure to the irreg-ular boundary shown withas much certainty as canbe determined or as "moreor less," if variable. Lot,block, street and all otherdimensions, except to ir-regular boundaries, shallbe shown to a minimum ofhundredths of feet. Suffi-cient angles, bearings orazimuth to show directionof all lines shall be shown,and all bearings, angles orazimuth shall be shown tothe nearest second of arc.All measurements shall re-fer to horizontal plane andin accordance with the def-inition of a foot or meteradopted by the UnitedStates Bureau of Stan-dards;

6. Curvilinear lots. Curvilin-ear lots shall show the ra-dii, arc distances and cen-tral angles or radii, chordand chord bearing or both.Radial lines will be so des-ignated. Direction ofnonradial lines shall be in-dicated;

7. Street centerlines. Thecenterlines of all streetsshall be shown with dis-tances, angles, bearings orazimuth, P.C.'s, P.T.'s,P.R.C.'s, P.C.C.'s, arc dis-tance, central angles, tan-

§ 27-153.2.23 TAMPA CODE

2060.16Supp. No. 81

gents, radii, chord andchord bearing or azimuthor both;

8. School, park and recre-

ation parcels. School, parkand recreation parcels, asapplicable, may be so des-ignated or the developermay provide a schedule ofuses;

9. Excepted parcels. All inte-rior excepted parcels shallbe clearly indicated andlabeled "not a part of thisplat";

10. Dedications and reserva-

tions. The purpose and lo-cation of all areas dedi-cated or reserved must beclearly indicated or statedon the plat;

11. Conservation and preser-

vation areas. Exact loca-tions of all conservationand preservation areas, in-cluding natural wetlands,mitigated wetlands andupland preserves, shall beidentified;

12. Curve details. When it isnot possible to show curvedetail information on themap, a tabular form maybe used; and

13. Street-lighting plan. Inconformance with the stan-dards of the departmentof public works, shall besubmitted with the appli-cation for final plat.

(h) Covenants, etc. A draft of anyproposed protective covenants,property owners association ar-ticles of incorporation and by-laws; and

(i) Itemized cost estimate of im-

provements or bid. When post-ing performance security under

the provisions of section 27-153.2.15, itemized cost esti-mates of all required improve-ments made by a stateregistered engineer or a bid froma reputable bondable contrac-tor shall be submitted prior tofinal plat approval of construc-tion drawings.

a. If the engineers cost esti-mate is determined to beinadequate when com-pared to the city's cost toinstall the improvements,then the city shall modifythe engineers estimate tomeet city cost.

b. If a developer chooses toutilize the bid from thecontractor who wasawarded the job and thecity finds the bid amountto be inadequate whencompared to the city's costto install the improve-ments, then the followingrequirements are applica-ble:

1. The contractor's bonding com-pany must have no less than aB+ rating as determined by BestBond Book; and

2. If the contractor's total bid isinsufficient when compared tothe city's cost to install the im-provements, then the city willrequire a certified letter fromthe contractor on the contrac-tor's stationary stating that thecontractor will install the im-provements for the City ofTampa at the same bid pricecontracted with the developer.

3. The city will require a certifiedletter from the developer stat-ing that the bid for infrastruc-ture was awarded to a specificcontractor, naming the contrac-


2060.17Supp. No. 81

tor and stating the total bidprice under contract for the re-quired improvements.

(j) Application for streetlight assessment pro-gram.

(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)

Sec. 27-153.2.24. Express subdivision review.

(a) Small subdivisions. Small subdivisions areeligible for express subdivision review. Small sub-division review allows for the waiver of both thepreliminary plat and construction drawing require-ments; provided that all lots within the proposedsubdivision are for single-family use, have ap-proved access and existing potable water andsanitary sewer facilities.

(b) Minor subdivisions. Minor subdivisions areeligible for express subdivision review. Minor sub-division review allows for the waiver of the pre-liminary plat requirements in certain circum-stances as set forth in subsection (c)(1).

(c) Criteria for express subdivision review.

(1) In order to waive the preliminary platrequirement, a preliminary applicationconference must be requested by the de-veloper. Upon scheduling the conference,the developer shall provide the city with asurvey of the proposed subdivision. Thesubdivision coordinator may waive thepreliminary plat requirements in any ofthe following circumstances:

a. All of the single-family residentiallots within the proposed subdivisionhave approved access and existingpotable water and sanitary sewerfacilities;

b. The proposed subdivision includes amaximum of two (2) lots which willbe developed for commercial, indus-trial, or multifamily uses, and all ofthe lots within the subdivision haveapproved access and existing ade-quate improvements and utilities; or

c. The proposed subdivision relatessolely to roadways, provided thatcode requirements for constructiondrawings and a final plat materialsare otherwise fulfilled.

(2) In order to waive the construction draw-ing requirement, a preliminary applica-tion conference must be requested by thedeveloper. Upon scheduling the confer-ence, the developer shall provide the citywith a survey of the proposed subdivision.The subdivision coordinator may waivethe construction drawing review require-ments in any of the following circum-stances:

a. No improvements are required bythese procedures or any other provi-sion of the City Code;

b. All required improvements will beinstalled by the city and the devel-oper has paid for such improve-ments;

c. All of the lots within the proposedsubdivision have approved access andexisting adequate improvements andutilities;

d. The proposed subdivision includes amaximum of two (2) lots which willbe developed for commercial, indus-trial, or multifamily uses, and all ofthe lots within the subdivision haveapproved access and existing ade-quate improvements and utilities; or

e. The proposed subdivision relatessolely to roadways, provided thatcode requirements for constructiondrawings and a final plat materialsare otherwise fulfilled.

(Ord. No. 96-241, § 28, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

Sec. 27-153.2.25. Affordable housing subdi-visions.

Exceptions to the requirements of these proce-dures may be made for subdivisions which havebeen certified by the city as affordable housingsubdivisions and have been underwritten through

§ 27-153.2.23 TAMPA CODE

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the Mayor's Challenge Fund or other bona fidehousing programs administered through the com-munity redevelopment agency as follows:

(a) Affordable housing subdivisions may beexempt from the requirements of install-ing a stormwater retention/detention fa-cility located within a common area andestablishing a homeowners associationwhich addresses stormwater requirementsif:

(1) A subdivision is certified by the Cityof Tampa as affordable housing proj-ect and is so recorded on the finalplat;

(2) The subdivision is comprised of lessthan ten (10) platted lots;

(3) The subdivision is not located in astormwater management redlinearea;

(4) The subdivision is not located in avolume sensitive basin; and

(5) The subdivision would not be contrib-utory to an identified flooding prob-lem.

(b) Affordable housing subdivisions may alsobe exempt from subdivision technical re-quirements if the project incorporates oris an innovative design.

(c) The developer shall not be required toprovide defect security upon the final ac-ceptance of all required improvements bythe city.

(d) Affordable housing subdivisions may beeligible for express subdivision review.

(Ord. No. 96-241, § 29, 10-31-96; Ord. No. 2013-67, §§ 1(Exh. A), 4, 5-16-2013)

Sec. 27-153.2.26. Electronic data.

Developers are encouraged to provide the re-quired subdivision documentation in an electronicdata form pursuant to the criteria listed below.

(a) The following basic requirements apply inany case in which electronic data is sub-mitted:(1) Drawing files must be submitted in

AUTOCAD.dwg format or in the formof .DXF files;

(2) Each electronic file must be suppliedon a three and one-half (31/2) inchdisk;

(3) Each disk must be clearly labeledwith the name of the electronic filestored on the disk;

(4) File compression through PKZIP ispermitted provided that, if extrac-tion by PKUNZIP is used, then thecompressed files must have an exten-sion of .ZIP; and

(5) Each drawing must be made in dec-imal units at a scale of one equalsone (1=1), and must have a line scaleof forty (40).

_____________________________________________________________________________________

(b) Electronic files must conform to the following layer formats:

LAYER

NAME COLOR LINETYPE DESCRIPTION

0 7 (WHITE) CONTINUOUS BORDER, TITLE, NORTH ARROWSECTL 1 (RED) PHANTOM SECTION & MID-SECTIONBORTEXT 7 (WHITE) CONTINUOUS TEXT (WITHIN TITLEBOX)ROW 7 (WHITE) CONTINUOUS RIGHT OF WAY LINESSHORE 5 (BLUE) CONTINUOUS SHORELINE, RIVER EDGE, LAKELOT 3 (GREEN) CONTINUOUS LOT LINESLOTNUN 4 (CYAN) CONTINUOUS LOT NUMBERSSECNUM 1 (RED) CONTINUOUS ADJOINING SECTION NUMBERSBLOCKNUM 7 (WHITE) CONTINUOUS BLOCK NUMBERSSUBNAME 7 (WHITE) CONTINUOUS SUBDIVISION NAME


2060.19Supp. No. 81

LAYER

NAME COLOR LINETYPE DESCRIPTION

SUB-BOUND

252 (GRAY) DASHED SUBDIVISION BOUNDARY

ESMT 4 (CYAN) DASHED EASEMENTSVACATED 7 (WHITE) HATCH VACATED STREETS & EASEMENTSSTREETIN 7 (WHITE) CONTINUOUS STREET NAMES WITHIN RIGHT-OF-

WAYSTREETOUT 7 (WHITE) CONTINUOUS STREET NAMES OUTSIDE RIGHT-

OF-WAYRR 7 (WHITE) CONTINUOUS RAILROADLIMITS 1 (RED) CENTER CITY LIMITSDIMROW 6 (MAGENTA) CONTINUOUS RIGHT-OF-WAY DIMENSIONSDIMLOT 6 (MAGENTA) CONTINUOUS LOT DIMENSIONSGNOTES 7 (WHITE) CONTINUOUS GENERAL NOTESDESCRI 7 (WHITE) CONTINUOUS LEGAL, DEDICATION LANGUAGE

_________________________________________________________________________________________________

(c) All text must be provided in StandardFont, based upon the scale of one (1) inchequaling two hundred (200) feet (1″ =200′), as noted below:

Dimensions = 15′Lot numbers = 15′Block numbers = 30′Street names = 15′Easements = 15′Dedication language = 20′Description = 20′Subdivision name = 50′/100′General notes = 15′

(Ord. No. 96-241, § 30, 10-31-96; Ord. No. 2013-67, § 1(Exh. A), 5-16-2013)

Subdivision 1.3. Fee Authority and Types;

Permits; Inspections

Sec. 27-153.3. Fees—City council to estab-lish.

The city council shall have the authority to setfees by resolution.(Ord. No. 89-261, § 2(35-71), 10-12-89; Ord. No.2013-67, § 1(Exh. A), 5-16-2013)

Sec. 27-153.3.1. Same—Types enumerated.

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)

Sec. 27-153.3.2. Land alteration prior to con-struction drawing approval.

(a) Upon submission of a preliminary plat andsubmission and approval of all necessary siteclearing and drainage and earthwork permits,land alteration may commence to conduct excava-tion for improvements and temporary stockpiling.A land alteration plan shall be submitted andmay include property outside of the preliminaryplat but within the master planned project.

(b) The land alteration plan shall include thefollowing:

(1) Legal description of the entire area to bealtered;

(2) Total acreage of the entire area to bealtered;

(3) Approximate location of trees or tree group-ings, ponds, lakes and watercourses andother significant natural features. Loca-tions may be by reference to aerial photo-

§ 27-153.2.26 TAMPA CODE

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graphs at a scale of one (1) inch equals onehundred (100) feet, unless otherwise ap-proved by the city;

(4) Location of temporary stockpiles and ero-sion control devices to be utilized on stock-piles;

(5) Approximate location and gross acreageof all wetlands and jurisdictional areasproposed and environmental protectivedevices to be utilized;

(6) General location of planned streets, haulroads and other public or common areas;and

(7) Drainage and earthwork plan (at a scaleof one (1) inch equals two hundred (200)feet, unless otherwise approved by thecity), including location and approximatedimensions of cut and fill volumes.

(c) Land alteration undertaken prior to ap-proval of construction drawings is done at the solerisk of the developer, irrespective of permit issu-ance by the city. Review and approval of prelimi-nary plats and construction drawings shall nottake into consideration land alteration which com-menced, under this section, prior to approval ofconstruction drawings. The city may require thatland be returned to its original state or that otherremedies be effected by the developer, if landalteration conducted under this section does notconform to subsequently approved constructiondrawings.(Ord. No. 89-261, § 2(35-73), 10-12-89; Ord. No.2013-67, § 1(Exh. A), 5-16-2013)

Sec. 27-153.3.3. Model homes/sales centers.

Following approval of construction drawingsand subject to the requirements and limitations ofsection 27-282.2 of the zoning chapter and allrequirements listed below, building permits formodel homes/sales centers may be issued.

(a) All model homes/sales centers shall beconstructed and located in such manneras to comply with all requirements of thisCode and all other applicable laws, includ-ing adequate water and sewer service.

(b) All homes shall be provided with ade-quate access to an approved and con-structed street by completion of their con-struction and so situated to minimizepedestrian or vehicular traffic throughareas of ongoing construction activity. Thisshall occur prior to the issuance of acertificate of occupancy.

(c) No more than fifteen (15) percent of alllots or units or a maximum of fifteen (15)units, whichever is less, in each plat maybe permitted as model homes or salescenters. A subdivision proposing ten (10)units or less or lots on a plat may bepermitted for one (1) model home or salescenter.


Cross reference—Model dwelling units and preconstruc-tion sales offices in certain zoning districts, § 27-282.2.

Sec. 27-153.3.4. Inspections; approval of pri-vate improvements; accep-tance of public improve-ments.

(a) Inspections; as-built drawings; test reports.

The installation of all improvements shall besubject at all times to inspection by the city. Thedeveloper shall employ a state-registered engi-neer to observe the work during construction toensure compliance with approved plans. Uponcompletion, the engineer of record shall certifythat the improvements have been installed andcompleted in accordance with approved construc-tion drawings. Further, the developer shall sub-mit to the city all required test reports, and therequired number of copies of high quality, repro-ducible Mylar as-built drawings prepared to spec-ifications of the city and certified by the engineerof record, showing the actual installation of allimprovements.

(b) Approval of private improvements. Uponsatisfactory final inspection of any private im-provements, receipt of as-built drawings and re-quired test reports, the city shall approve all suchimprovements. Such approval shall be evidencedby a written or stamped approval of improve-


2060.21Supp. No. 81

ments executed by appropriate city departments.Maintenance of such private improvements re-mains the sole responsibility of the developer.

(c) Acceptance of public improvements.

(1) Upon satisfactory final inspection of anypublic improvements, such improvementsmay be approved by the city. Approval ofsuch improvements does not imply accep-tance for maintenance by the city.

(2) Upon satisfactory final inspection of anypublic improvements, acceptance of as-built drawings and required test reports,the city shall accept responsibility for themaintenance of such improvements, pro-vided that such improvements are on landwhich the city owns or for which it hasaccepted an offer of dedication or ease-ment. Such acceptance shall be evidencedby a written or stamped acceptance ofimprovements executed by appropriate citydepartments. Unless and until the cityacquires such interests, maintenance ofsuch improvements shall remain the soleresponsibility 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.

Subdivision 2. Sanctions; Appeals; Boards

Subdivision 2.1. Generally

Secs. 27-154.1—27-154.1.10. Reserved.

Subdivision 2.2. Action Authorized to Mitigate

Violations

Sec. 27-154.2. Stop work and emergency or-ders.

Upon notice from the subdivision coordinator,work on any system that is being done contrary tothe provisions of these procedures or in a danger-ous or unsafe manner shall immediately cease.Such notice shall be in writing and shall be givento the owner of the property, the owner's agent orthe person doing the work or posted at the job siteand shall state the conditions under which work

may be resumed. Where an emergency exists, oralnotice by the subdivision coordinator shall besufficient 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)

Secs. 27-154.2.1—27-154.2.10. Reserved.

Subdivision 3. Technical Provisions

Subdivision 3.1. Authority to Establish/Publish

Technical Standards

Sec. 27-155.1. Technical standards may beestablished.

The subdivision coordinator may establish tech-nical standards setting forth: administrative guide-lines governing the enforcement of these proce-dures; requirements not specifically addressed inthese procedures but necessary to the effectivepursuit of the purpose of these procedures; andany other information needed for the uniform andorderly administration of these procedures. Suchstandards are to be published in a technicalmanual, which manual shall be on file in the officeof the city clerk at least seven (7) days prior toadoption thereof and shall be made available tothe public for inspection and for duplication atcost.(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 Codemay be required by the official, § 1-17.

Secs. 27-155.1.1—27-155.1.10. Reserved.

Subdivision 3.2. Adoption of Standards by

Reference

Sec. 27-155.2. Technical standards adopted.

The technical manuals and standards set forthand adopted for sanitary sewers (wastewater)transportation, water, site clearing, tree removaland landscape, and stormwater management,

§ 27-153.3.4 TAMPA CODE

2060.22Supp. No. 81

which are on file in the office of the city clerk, areherein adopted by reference and, therefore, havethe 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)

Secs. 27-155.2.1—27-155.2.10. Reserved.

Subdivision 3.3. Specific Technical

Requirements

Sec. 27-155.3. General requirements.

No subdivision plat shall be approved underthe provision of these procedures unless the sub-division satisfies the following standards and re-quirements:

(a) Consistency with the comprehensive plan.

All proposed subdivisions shall be consis-tent with the comprehensive plan adoptedby the city.

(b) Conformance with applicable regulations.

All subdivisions shall be designed andconstructed in conformance with all re-quirements of these procedures, this Codeand all other federal, state and city lawsand regulations applicable to the subdivi-sion, development and the sale of land.

(c) Flood protection. No subdivision or partthereof shall be approved unless it con-forms with all minimum requirements ofChapter 5, Section 5-111, flood damagecontrol technical requirements, of thisCode.

(d) Floor elevations. Subject to limitations insubsection (c) above, all building floorelevations for living space shall be a min-imum of one and one-half (11/2) feet abovethe elevation of the center of the streetpavement or street surface adjacent to thebuilding, unless an exception is approvedby the department of public works, andthe site shall be graded to provide ade-quate 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)

Sec. 27-155.3.1. Improvements required;minimum design and con-struction standards.

(a) Improvements required. In addition to otherrequirements of these procedures, all subdivi-sions shall include certain improvements or facil-ities which are designed and constructed to com-ply with minimum standards of the city. Theadequacy and availability of these public or pri-vate facilities shall be considered in reviewingsuch plats and shall include, but not be limited to:

(1) Streets, emergency access and other traf-fic circulation improvements;

(2) Sidewalks and other pedestrian circula-tion improvements;

(3) Street signs, lighting and pavement mark-ings;

(4) Water;

(5) Sanitary sewer;

(6) Storm sewers and drainage system com-ponents;

(7) Environmental/conservation areas; and

(8) Survey monuments.

(b) Minimum design and construction stan-

dards. All subdivision improvements shall bedesigned and constructed to conform to or exceedthe city's design and materials criteria, standardsand specifications set forth in the city's technicalmanuals. These manuals shall be periodicallyupdated as necessary to reflect changes and addi-tions to the criteria, standards and specifications.

(c) Additional improvements. Where appropri-ate, the following shall be provided in accordancewith 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)


2060.23Supp. No. 81

Sec. 27-153.3.2. Private street, drainage andother improvements.

Should the developer wish to plat the subdivi-sion with privately owned and maintained street,drainage and other improvements, the followingrequirements shall apply:

(a) The preliminary and final plats must in-dicate that both the street and drainagerights-of-way are to be privately ownedand maintained. Ownership and mainte-nance responsibilities for these improve-ments must be the sole responsibility ofthe subdivision property owners associa-tion.

(b) All street and drainage rights-of-waywithin the subdivision are to be shown onthe final plat as common areas dedicatedto the property owners association of thesubdivision for ownership and mainte-nance. Such dedication must include theright of ingress and egress, as well ascontain a utility easement for the instal-lation and maintenance of all utility linesserving the subdivision. If off-site drain-age is to be routed through areas or ease-ments within the subdivision, a drainageflow-through easement over such streets,areas or easements shall also be dedi-cated to the city to allow for emergencymaintenance of drainage facilities.

(c) All minimum design, construction andmaterial standards of these proceduresand the city departments must be met.Departmental standards for public andprivate improvements may vary.

(d) All utilities, i.e., electricity, gas, etc., serv-ing the subdivision must be owned andmaintained by the respective utility com-pany up to the meter or outside edge ofthe adjacent public right-of-way, as appro-priate. All utilities must be kept withinthe street right-of-way lines whenever pos-sible.

(e) All private improvements within the roadand drainage rights-of-way are to be owned

and maintained by the subdivision prop-erty owners association or community de-velopment district.

(f) Prior to final plat application, the devel-oper shall have prepared a property own-ers association document that containsthe following requirements as a mini-mum:

(1) Membership in the association mustbe mandatory for all lot owners;

(2) A declaration that all improvementswithin the road and drainage rights-of-way within the subdivision, otherthan those owned by a private orpublic utility, are to be owned, main-tained, repaired and replaced by andat the expense of the lot owners, notby the city; and

(3) A funding mechanism to ensure thatmaintenance, repair and replace-ment costs are available must beestablished. The funding mecha-nism must be mandatory for all lotowners and include a sinking fundprovision for replacement of all pri-vate improvements including, but notlimited to, private roads, sidewalks,storm sewers, water and sanitarysewer systems.


Sec. 27-153.3.3. Streets.

(a) Access to public streets. Every subdivisionand lot within a subdivision shall immediatelytouch, adjoin and abut an approved private street,an approved access easement or a street dedi-cated to the public which has been accepted formaintenance by the city.

(b) Relation to adjoining and/or proposed street

system. The arrangement of streets in new subdi-visions shall make provision for the continuationof existing principal streets from adjoining areasor for their proper projection where adjoiningland is not subdivided. Where street extensionsinto adjacent undeveloped land are necessary toensure a coordinated street system, provision for

§ 27-153.3.2 TAMPA CODE

2060.24Supp. No. 81

such future streets shall be made. Where a sub-division abuts or contains an existing or proposedarterial street, it may be required that the follow-ing be provided: marginal access street, screenplanting, deeper lots or other such treatment asmay be necessary for adequate protection of res-idential properties and to afford separation ofthrough and local traffic. Unless specifically re-quired by the city, all screening plantings andbuffers shall be contained on individual lots orwithin privately owned easements and shall notbe the responsibility of the city for maintenance.

(c) Improvements within rights-of-way. No walls,fences, gates, signs or other obstructions shall beconstructed or placed within the right-of-way un-less otherwise approved by the department ofpublic works. Some existing trees may be allowedto remain and others planted, if approved by thedepartment of public works and the department,when in accordance with all city plans, programsand regulations.

(d) Street names. New streets which are extensions of or in alignment with existing streets shall bearthe name of the existing street. The street names "boulevard" and "parkway" shall be reserved for specialdesignations of arterial streets which hold special historical or geographic importance. All others shall benamed in the following manner:

Direction Long Short*

North and south Streets PlacesEast and west Avenues CourtsDiagonal Roads WaysCurving Drives Lanes or circles

*Less than 1,000 feet.

Street names shall be approved by the depart-ment, and in no case shall a name for a proposedstreet duplicate an existing street name, irrespec-tive of whether the street is further described asan 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)

Sec. 27-153.3.4. Sidewalks.

(a) A master sidewalk plan shall be designedfor ease of pedestrian movement throughout thesubdivision and to existing streets adjacent to thesubdivision in conformance with the standardsestablished by the department of public works.

(b) Sidewalk handicapped ramps, designed tocity specifications, shall be provided at all inter-sections when possible.

(c) Sidewalks within residential or commercialsubdivisions are required improvements and donot require performance security. The developershall install the sidewalks and obtain city ap-

proval before the city may issue any certificates ofoccupancy for structures within the subdivision.Sidewalks associated solely with roadways mustbe bonded or constructed prior to final plat ap-proval.(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)

Sec. 27-153.3.5. Streetlights.

(a) The developer shall be required, as a con-dition of his subdivision plat approval, to providestreet lighting meeting the standards establishedby the department of public works and establishthe funding mechanism.

(b) The developer shall install undergroundwiring unless the area is determined by thedepartment of public works to be an existingoverhead wiring area. Poles must meet the spec-ifications of the department of public works andTampa Electric Company for lighting along public


2060.25Supp. No. 81

rights-of-way. Specifications for poles along pri-vate rights-of-way must also be approved by thedepartment of public works.

(c) The developer or an existing neighborhoodor commercial area may make an up-front lumpsum payment, bond the cost or request that thecity or CDD levy a special assessment for the costof streetlights.

(1) Lump sum and bonded payment. The lumpsum payment or bond shall be due to thecity during the final plat process. Thelump sum payment or bond shall coverthe base facility charge for twenty (20)years (the average life of the lightingsystem).

a. Streetlight formula. The streetlightformula employed by the city to de-termine the lump sum payment orthe amount of the bond is as follows

(Base facility charge + pro rata shareof franchise fee) × number of loca-tions × 12 months × 20 years

b. Streetlights on public rights-of-way.

The following shall apply to street-lights installed on public rights-of-way:

1. Payment. The developer mayeither

i. pay the lump sum amountpursuant to the street-light formula, or

ii. post a performance bondto insure that the lumpsum will be paid in thefuture.

2. The developer's streetlight costshall include the equipment, ma-terial and installation costs(base facility charge).

3. The city shall pay the fuel, en-ergy and maintenance costs. Thecity shall contract with TECOto install the streetlights andpay the entire TECO monthlybill.

c. Streetlights on private rights-of-way.

The following shall apply to street-lights installed on private rights-of-way:

1. Payment. The developer mayeitheri. post a performance bond

using the streetlight for-mula as, or

ii. provide the city with a copyof an executed agreementwith the company whichwill install the streetlights.The agreement must beapproved by the city attor-ney's office and the depart-ment of public works.

d. If a developer chooses to bond thestreetlight cost, the bond shall not beextended if one-third (1/3) or more ofthe total number of units in thesubdivision have received a certifi-cate of occupancy.

(2) Special assessment. A developer or anexisting neighborhood or commercial areaof any subdivision may apply at the finalplat submission to the city for a specialassessment to be levied against the lots inthe subdivision for the full amount of thestreetlight costs on public rights-of-way inthe subdivision including all administra-tive expenses associated with the specialassessment on a yearly basis.

a. Public hearing to establish. After pub-lic notice city council shall hold apublic hearing to establish a specialassessment program for the area inthe application.

b. Levy. The special assessment shallbe levied by the city pursuant to F.S.§ 197.3632, the Uniform Method forthe Levy, Collection, and Enforce-ment of Non-ad Valorem Assess-ments.

c. Interim costs. At the final plat sub-mission between the date of finalplat approval and the inclusion ofthe subdivision or area in the special

§ 27-153.3.5 TAMPA CODE

2060.26Supp. No. 81

assessment program, the developershall contract directly with TECOfor the installation of the street-lights and payment of the streetlightcosts until the date the special as-sessment is effective.

d. Assessments. The special assessmentsshall be divided into master improve-ment streetlights and local street-lights and shall be levied accordingto the benefit provided by the street-lights to each lot. The benefit to eachlot shall be determined by the size ofeach lot. Lots of the same approxi-mate size in a subdivision shall besubject to the same rate(s). City coun-cil shall determine if the lots in asubdivision are of the same approx-imate size; provided, however lotswhich are of the same approximatesize shall not vary more than onethousand five hundred (1,500) squarefeet in size. The special assessmentshall be based on the type of pole andfixture and all associated costs, in-cluding 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)

Sec. 27-153.3.6. Blocks.

(a) Nonresidential block sizes. Blocks designedfor other than residential use shall be of a shapeand size as may be suitable for their prospectiveuse.

(b) Residential block sizes. The width of anyresidential block shall be sufficient to allow two(2) tiers of lots of appropriate depth, except wherelots abut directly upon an expressway, majorarterial, lake, waterway or a land use other thanresidential. Proper buffering and/or additional lotdepth of the residential lots shall be providedwhere lots abut major streets or nonresidentialuses.

(c) Crosswalks. In blocks over one thousandtwo hundred (1,200) feet in length or whereotherwise deemed necessary to pedestrian access

to schools, local shopping centers and parks, rights-of-way for crosswalks, with a minimum width often (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)

Sec. 27-153.3.7. Easements.

(a) Drainage easements. Drainage easementsshall be provided in accordance with the stan-dards of the stormwater management division ofthe department of sanitary sewers.

(b) Utility easements. Utility easements shallbe centered on rear or side lot lines where re-quired. Easements shall be provided in accor-dance with city and utility company standards.Wherever utility easements are planned adjacentto the subdivision boundary, the full width neces-sary shall be provided within the proposed subdi-vision.

(c) Nonexclusive easements. Whenever possi-ble, the city shall endeavor to allow nonexclusiveeasements for stormwater and utilities so that theutilities 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)

Sec. 27-153.3.8. Lots.

(a) Double frontage. Lots having parallel dou-ble street frontage shall be avoided, except whereessential to provide separation of residential de-velopment from railroad or arterial rights-of-wayor nonresidential or other more intensive uses. Insuch cases, provision shall be made either formarginal access streets or for lots backing ontothe rights-of-way. Lots backing and fronting uponrights-of-way shall have additional depth so thatbuffering may be provided.

(b) Lot lines. Whenever possible, lot lines shallintersect streets and each other at right angles,and in no case shall a lot have an interior angle ofless than thirty (30) degrees.

(c) Lot size. All lots shall have dimensionswhich conform to the applicable zoning regula-tions of the city. All new subdivisions shall havecorner lots which have a width at least ten (10)percent greater than the minimum width re-


2060.27Supp. No. 81

quired in Chapter 27 of this Code. Replattingexisting lots of record which can still meet build-ing setbacks as required in Chapter 27 will not berequired to meet this criteria. In cases whereprivate water and/or sewerage systems are con-templated, lot sizes may be increased as requiredby the city or state regulations. All odd or leftoverpieces of land shall be included within adjoiningfull lots.

(d) City limits and lot lines. Lots shall not bedesignated so as to be divided by the city's bound-ary lines, except where unavoidable and uponapproval of the city council.

(e) Lots with wells and/or septic tanks. If wa-ter and/or sewage disposal are to be provided byindividual wells and/or septic tanks, respectively,then the final plat of the subdivision must besubmitted to the appropriate state and local gov-ernment agencies for their approval before ap-proval 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)

Sec. 27-153.3.9. Underground utilities.

Except when prohibited by the city, all utilitiesto be installed in the subdivision; including, butnot limited to, those required for distributionlines, electric services, telephone, telegraph andCATV, shall be installed underground. Appurte-nances, such as transformer boxes, pedestal-mounted terminal boxes and meter cabinets, maybe 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)

Sec. 27-153.3.10. Permanent reference mon-uments and control points.

Permanent reference monuments and perma-nent control points shall be installed in accor-dance with the requirements and specifications ofF.S. Ch. 177.(Ord. No. 89-261, § 2(35-151), 10-12-89)

Sec. 27-153.3.11. Platting multiple unit struc-tures.

The reconfiguring and platting of lots for mul-tiple unit structures may be permitted. However,the total area of land to be platted will establishthe entire subdivision as one (1) zoning lot. There-fore, individual lots within the zoning lot may notbe separately developed unless the lot meets allapplicable zoning requirements.(Ord. No. 91-89, § 25, 5-30-91; Ord. No. 2013-67,§ 1(Exh. A), 5-16-2013)

Secs. 27-154, 27-155. Reserved.

ARTICLE III. ESTABLISHMENT OFZONING DISTRICTS AND DISTRICT

REGULATIONS

DIVISION 1. GENERAL ZONING DISTRICTS

Sec. 27-156. Official schedule of district reg-ulations.

(a) Schedule of statements of purpose and in-

tent. The following array presents for the severaldistricts the statements of purpose and intentapplicable to each district.

(1) Single-family residential districts. Single-family districts provide for detached resi-dential housing development on a varietyof lot sizes in accordance with the TampaComprehensive Plan. Accessory uses, com-patible related support uses for residen-tial development and special uses are alsopermitted.

a. RS-150 residential single-family. Thisdistrict provides areas primarily forlow density single-family detacheddwellings on spacious lots, wherein aproperty owner may obtain reason-able assurance of compatible devel-opment.

b. RS-100 residential single-family. Thisdistrict provides areas primarily forlow density single-family detacheddwellings similar to those provided

§ 27-153.3.8 TAMPA CODE

2060.28Supp. No. 81

for in the RS-150 residential single-family district, but with smaller min-imum lot size requirements.

c. RS-75 residential single-family. Thisdistrict provides areas for primarilylow density single-family detacheddwellings similar to those providedfor in the RS-150 and RS-100 resi-dential single-family districts, butwith smaller minimum lot size re-quirements.

d. RS-60 residential single-family. Thisdistrict provides areas for primarilylow density single-family detacheddwellings similar to those providedfor in the RS-150, RS-100 and RS-75single-family districts, but withsmaller minimum lot size require-ments.

e. RS-50 residential single-family. Thisdistrict provides areas for primarilylow density single-family detacheddwellings similar to those providedfor in the RS-150, RS-100, RS-75and RS-60 single-family districts, butwith smaller minimum lot size re-quirements.

f. PD and PD-A planned developmentdistricts approved primarily for sin-gle-family residential uses.

(2) Multiple-family residential districts. Thefollowing multiple-family districts pro-vide for residential development at a va-riety of densities in accordance with theTampa Comprehensive Plan. Accessoryuses, compatible related support uses toresidential development and certain spe-cial uses are also permitted.

a. RM-12 residential multiple-family.This district provides primarily forlow-medium density residential usesincluding single-family and two-fam-ily developments. Multiple-family de-velopment may be permitted throughthe special use permit procedure.

b. RM-16 residential multiple-family.This district provides primarily forlow-medium density residential uses,

similar to those provided in the RM-12district, including single-family andtwo-family developments, at an in-creased density. Multiple-family de-velopment may be permitted throughthe special use permit procedure.

c. RM-18 residential multiple-family.This district provides primarily forlow-medium density residential uses,similar to those provided in the RM-12district, including single-family andtwo-family developments, at an in-creased density. Multiple-family de-velopment may be permitted throughthe special use permit procedure.


2060.29Supp. No. 81

sparkplugs, ignition points; the rotationof tires and the checking of adequatepressure; and the replacement of drivebelts and hydraulic lines.

(2) Any other repairs on the motor vehicle orautomobile shall be restricted to totallyenclosed spaces and only accomplished onprivately registered vehicles having cur-rent state license plates, or motor vehiclesdesignated by the state as qualifying foran antique or horseless carriage designa-tion.

(3) Such repairs shall be performed only atthe address shown on the vehicle registra-tion.

Cross reference—Repairing vehicles on streets, § 25-174.

Sec. 27-282.2. Model dwelling units andpreconstruction sales offices.

(a) In any residential district where residen-tial dwelling units are allowed, the developers ortheir agents may operate one (1) model dwellingunit as a sales office for the specific project underconstruction, subject to the following restrictions:

(1) The model dwelling unit shall meet alldistrict requirements for lot and yarddimensions.

(2) Signs shall not be illuminated after 9:30p.m.

(3) The model dwelling unit shall not be usedfor any business activity later than 9:30p.m.

(4) A subdivision having three (3) or lessmodel dwelling units shall provide two (2)independently functional parking spacesper unit. A subdivision having four (4) ormore model dwelling units shall providean off-street parking lot within three hun-dred (300) feet of the sales office with aminimum of five (5) spaces for four (4)model units plus one additional space foreach additional model. Due to the tempo-rary nature of the parking lot, the park-ing area shall be treated with a suitabletemporary surface.

(5) The model dwelling unit shall not be usedas a means to sell similar units locatedelsewhere in the city.

(6) The model dwelling unit shall be discon-tinued when the specific residential proj-ect is sold out and shall comply withregulations generally applicable withinthe district.

Model dwelling units may be erected or displayedin districts that exclude residential uses, providedthat such models shall not be used for residentialpurposes, but only for display as a means to sellhomes in districts in which they are permittedand provided that all other requirements of thedistrict in which the model dwelling unit is erectedshall be met.

(b) In those zoning districts where multi-family dwelling uses are permitted, a temporarystructure may be used as a preconstruction salesoffice for the purpose of displaying a typical dwell-ing unit arrangement, subject to the followingrestrictions:

(1) The structure shall be limited to one (1)story in height.

(2) The structure shall be appropriately land-scaped and shall be subject to the require-ments of section 27-284.

(3) The structure shall be subject to the samefront setback requirements as the princi-pal structure to be erected and shall oth-erwise be subject to all setback require-ments for this district.

(4) Adequate off-street parking facilities andaccess driveways shall be developed onlywithin those locations approved for suchfacilities in conjunction with the perma-nent apartment structure, and no addi-tional parking areas or access drivewaysshall be permitted.

(5) Signs shall be permitted only in accor-dance with the regulations set forth forsuch use within the district.

(6) The structure shall comply fully with allexisting building codes and ordinances ofthe city.


2300.27Supp. No. 81

(7) The structure shall be completely andtotally removed within six (6) monthsfrom the date of the issuance of a buildingpermit for same or upon the completion ofthe permanent residential dwelling struc-ture, whichever date is later.

(8) In the event that the structure should notbe removed or demolished by the owner orother parties in interest within the termsof this subsection, the city, acting throughits building official, is authorized to va-cate, demolish or remove, either with cityforces or by independent contractor sub-mitting the lowest and best bid, any suchbuilding or structure. The city shall as-sess the entire cost of such vacation, de-molition or removal against the owner orother parties in interest.

Cross reference—Model homes/sales centers in subdivi-sions, § 27-153.3.3.

Sec. 27-282.3. Garage and yard sales.

(a) A limited number of garage, yard, tag,patio and apartment sales are specifically permit-ted as an accessory use in all residential districts.Such sales shall be limited to one (1) during eachsix-month period, for a duration not to exceedthree (3) days.

(b) All such sales shall be conducted in compli-ance with the licensing provisions of chapter 24 ofthis Code.

Sec. 27-282.5. Home occupations.

The following specific standards shall apply toall home occupations:

(1) A home occupation shall include, but notbe limited to, the following: domestic craftssuch as seamstresses, sewing, tailoring,weaving, washing and ironing; beautyshops and barbershops (one-chair opera-tions only); dog grooming (provided noovernight keeping of animals); repair ofsmall household appliances; private tutor-ing and instruction (limited to five (5)pupils at any one (1) time); and profes-sional services.

(2) No person shall be employed other thanmembers of the immediate family resid-ing on the premises.

(3) The use of the dwelling unit for the homeoccupation shall be clearly incidental andsecondary to its use for residential pur-poses. Not more than twenty-five (25)percent of the floor area of the dwellingunit shall be used in the conduct of thehome occupation, and no outside display,storage or use of land is permitted.

(4) There shall be no change in the outsideappearance of the building or premises asa result of such occupation, with the ex-ception of a nameplate which shall beattached to the principal structure, shallnot be illuminated, and whose maximumsize shall not exceed two (2) inches bytwelve (12) inches.

(5) No home occupation shall be conducted inany accessory building.

(6) No mechanical equipment shall be usedfor storage on the premises, except suchthat is normally used for purely domesticor household purposes, nor shall it createnoise, vibration, glare, fumes, odors orelectrical interference detectable to thenormal senses outside the dwelling unit.In the case of electrical interference, noequipment or process shall be used whichcreates visual or audible interference inany radio or television sets off the prem-ises, or causes fluctuations in line voltage.

(7) No commodity shall be sold on the prem-ises nor displayed or warehoused on thepremises for sale elsewhere.

(8) No traffic shall be generated by such homeoccupation in greater volume than wouldnormally be expected in the neighbor-hood.

(9) A home occupation shall not be inter-preted to include activities such as, butnot restricted to, auto repair and tune-up,clinic, welding shop, animal hospital orkennel.

(10) The use can qualify for all local, state andfederal licenses, certificates and permits.

§ 27-282.2 TAMPA CODE

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Sec. 27-282.6. Commercial communicationtowers regulations.

(a) Purpose. The purpose of these supplemen-tal regulations are to promote the health, safetyand general welfare of residents of the City ofTampa, to provide standards for the safe provi-sion of telecommunications consistent with appli-cable federal and state regulations, and to protectthe natural features and aesthetic character ofthe city with special attention to residential neigh-borhoods, historic districts and landmarks andthe city rights-of-way.

These regulations are not intended to prohibitor have the effect of prohibiting the provision ofpersonal wireless services nor shall they be usedto unreasonably discriminate among providers offunctionally equivalent services consistent withcurrent federal regulations.

(b) Development standards.

(1) Commercial communication tower loca-

tion requirements. It is the intent of thissection to identify appropriate locationalrequirements for commercial communica-tion towers. Locational requirements seekto minimize the visual obtrusiveness ofcommercial communication towers to sur-rounding areas, to allow for the establish-ment of an efficient telecommunicationnetwork through the use of commercialcommunication towers, when necessary,and to provide high quality service whileminimizing the number of commercial com-munication tower sites.

a. Height, setback and separation dis-tance requirements for site locationin various areas are identified inTable 6-1.

Commercial Communication Towers Locational Requirements

Table 6-1

CATEGORY CG & OP CD-1, CD-2, CD-3 CI OP-1, IG, & IH

Required TowerType

Monopole Monopole Monopole Monopole

Maximum Height 80 ft. 100 ft. 140 ft. 200 ft.Minimum Setback Underlying District Underlying District Underlying District Underlying DistrictMinimum Separa-tion from Residen-tial use

100% of Tower Ht. 100% of Tower Ht. 100% of Tower Ht. 100% of Tower Ht.

Minimum Separa-tion from Local His-toric Dist. or Land-mark site.

300% of towerheight

300% of towerheight

300% of towerheight.

300% of towerheight

NOTE: Commercial telecommunication towers seeking to locate in Commercial General (CG) andOffice Professional (OP) are considered a Special Use 2 (S-2) subject to compliance with allsections of Article II, Division 5, Special Use Permits set forth herein.

NOTE: Distance separation shall be measured from the base of the tower to the residential, historicor landmark site property line.

NOTE: Distance separation from right-of-way shall be consistent with the requirements of theunderlying zoning district.

NOTE: Requests for commercial communication towers in National Historic Districts shall beconsidered through a special use S(2) public hearing before city council.

NOTE: The construction of commercial communication towers is prohibited in the Accident PotentialI and II Zones (APZ) around MacDill Air Force Base as noted on the Future Land Use Map ofthe City of Tampa Comprehensive Plan.


2300.29Supp. No. 81

b. Communication equipment and com-munication towers owned and oper-ated by governmental agencies re-sponsible for public safety (e.g. citypolice and fire department, sheriffsoffice, federal aviation authority) arenot subject to the maximum heightrestrictions and may be located inany zoning district. The use of guyedor lattice tower, to achieve the nec-essary height, is allowed only througha special use, S(2) public hearingbefore city council.

c. The applicant may petition throughthe special use, S(2) process to re-duce setback and separation require-ments or increase maximum towerheight listed in Table 6-1. The appli-cant must submit a petition in suffi-cient detail to demonstrate compli-ance with all other provisions in thecode not specifically called out for aconsideration to be changed. Citycouncil may approve such reduc-tions, alterations or changes if it canbe demonstrated that the applica-tion meets the requirements of 1., 2.,or 3. set forth below and the require-ments of 4., 5., and 6. are satisfied:1. Techniques which have the ef-

fect of significantly reducing oreliminating visual obtrusive-ness are incorporated into thedesign of the commercial com-munication towers. The towersite, associated equipment shel-ters, fencing and appurtenancesare designed to reflect the phys-ical character, massing, scale,architecture and historic na-ture (where applicable) of thesurrounding neighborhood.

2. Full compliance with all set-back or separation requirementswould result in the removal of agrand tree, as set forth in Chap-ter 13, City of Tampa Code ofOrdinances, which would oth-erwise be saved by reducingthe setback or separation.

3. The approval of the variancerequest will result in multiplecarriers (three (3) or more) onthe tower.

4. The variance, if allowed, willnot substantially interfere withor injure the rights of otherswhose property would be af-fected by allowance of the tower.

5. The variance is in harmony withand serves the general intentand purpose of the chapter andthe adopted Tampa Comprehen-sive Plan.

6. Allowing the variance will re-sult in substantial justice beingdone, considering both the pub-lic benefits intended to be se-cured by the chapter and theindividual hardships that willbe suffered by a failure of thecity council to grant the vari-ance.

(2) The applicant shall demonstrate by anaffidavit from a registered professionalengineer or the tower's manufacturer thatthe commercial communication tower willsupport the specified number of antennasas set forth below to accommodate collo-cation, and that it will be constructed tothe EIA/TIA 22-E Standards, as pub-lished by the Electronic Industries Asso-ciation, which may be amended from timeto time, and all applicable City of TampaBuilding Codes.

a. All commercial communication tow-ers, except camouflaged structures,over eighty (80) feet and up to andincluding one hundred forty (140)feet in height shall be structurallydesigned to accommodate at leasttwo (2) antenna arrays.

b. All commercial communication tow-ers, except camouflaged structures,exceeding one hundred forty (140)feet in height shall be structurallydesigned to accommodate at leastthree antenna arrays.


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(3) The proposed commercial communicationtower shall be designed and constructedto ensure that the structural failure orcollapse will not create a safety hazard toadjoining properties.

(4) The applicant shall demonstrate that theantenna(s) to be attached to the towercomply with the FCC and other applicablefederal or state regulations relative totelecommunications and radio frequencyemission levels.

(5) The commercial communication tower shallnot be used for, nor contain signage, de-signs or logos for private, political or com-mercial advertising.

(6) If visible from surrounding properties ac-cessory buildings, structures or appurte-nances serving the commercial communi-cation tower site shall be designed to becompatible with the architecture and phys-ical character of the immediate neighbor-hood.

(7) The commercial communication tower maybe located on a zoning lot containing otherprincipal uses. The commercial communi-cation tower may be located on a parcelsmaller than the minimum lot size of theunderlying zoning district. This parcelshall be known as the "commercial com-munication tower site." The commercialcommunication tower site, and not theentire zoning lot, shall be subject to re-quirements of this Code. However, wherepublic notice is required, the entire zon-ing lot shall be considered for calculationof the required area for which notice is tobe provided. The creation of the "commer-cial communication tower site" shall notcause the reduction of required parking,landscaping or other code requirementsfor the use of the parent tract.

(8) A minimum eight-foot high finished ma-sonry wall or other decorative type fenceshall be required around all portions ofcommercial communication tower sites ad-jacent to or visible from residentially zonedor used property or public road rights-of-way. However, in industrial zoned dis-

tricts, the fence may be a chain link fenceor other type security fence. Wooden slatfences shall not be allowed in any zoningdistrict. For purposes of this section, afinished masonry wall includes, but is notlimited to stucco, brick, or any other dec-orative cover or finish.

(9) The landscaping buffer shall consist of arow of evergreen shade trees a minimumof fifteen (15) feet tall with a four (4) inchcaliper. They shall be spaced a maximumof fifteen (15) feet apart around the out-side perimeter of the security fence orwall. In addition, a row of evergreen shrubssuch as viburnum, ligustrum, holly orjuniper, four (4) feet high, seven (7) galloncontainer, will be planted eight (8) feet oncenter, in order to maintain eighty (80)percent opacity within one (1) year ofplanting. This landscaping will be main-tained through an irrigation system ap-proved by the Planning and DevelopmentDepartment (PDD) during the term of thelease or the operation of the commercialcommunication tower, whichever is lon-ger.

a. When the base of a commercial com-munication tower site is visible frompublic right-of-way or residentiallyzoned or used property, it shall bescreened with the required land-scape buffering located outside of thesecurity fence.

b. Existing trees and vegetation shallbe preserved to the maximum extentpossible and may be used as a sub-stitute towards meeting the landscap-ing requirements if they are of equalquality and provide effective screen-ing. Any vegetation that is preservedor used as a substitute must be main-tained throughout the term of thelease or the operation of the commer-cial communication tower.

c. Intervening buildings or other struc-tures which provide the equivalentscreening from view from residen-tially zoned or used properties and


2300.31Supp. No. 81

public rights-of-way may be used asa substitute toward meeting thescreening requirement.

d. Where it can be demonstrated thatthe provision of the required treesand/or vegetation would present asafety hazard (such as around anelectrical substation) alternative forcompliance with the vegetative re-quirements may be approved by thezoning administrator.

(10) Commercial communication towers shallnot be artificially lighted except to ensurehuman safety or as required by the FAA.

(c) Location overlay sites. The purpose of loca-tion overlay sites is to allow for a greater flexibil-ity for the location of commercial communicationtower sites, provide for areas which are pre-approved allowing for greater ability to pre-planmultiple sites, maximize the use of sites whichhave been under utilized and to reduce the num-ber of commercial communication tower sites whichare visually obtrusive.

Designated public and private facilities andstructures may be considered for the location ofcommercial communication towers without re-gard to the underlying zoning district prohibi-tions if certain conditions, called out below, can bemet (NOTE: The construction of commercial com-munication towers in the APZ I and II zones isprohibited). However, the landscape buffer andscreening requirements of section 27-282.6(b)(10)apply. If one (1) of the sites identified below iswithin a zoning district that has less restrictivesetback, height or separation requirements theless restrictive requirement shall apply. In addi-tion, if a site is located within a local historicdistrict, a Certificate of Appropriateness (C/A) isstill required and the ARC or Barrio Latino Com-mission may require the tower to be camouflaged.

(1) Commercial communication towers (mono-pole) are permitted by right in all utilityeasements of one hundred (100) in widthor greater when they maintain a distanceseparation equal to or greater than onehundred ten (110) percent of the towerheight from a residentially zoned or usedproperty. An existing utility transmission

pole can be changed out and increased inheight for the purpose of adding one (1) ormore communication antennas regardlessof the above distance separation require-ment, up to seventy-five (75) percent ofthe existing pole height or one hundredtwenty (120) feet which ever is taller. Themaximum height of the changed out poleshall be limited to two hundred (200) feet.

(2) Commercial communication towers arepermitted by right in the right-of-way ofthe Veterans Expressway, the Leroy SelmonExpressway, Interstate 4, Interstate 75and Interstate 275 when being installedas a lightpole change out, provided thereis not a reduction of the distance separa-tion to a residentially zoned or used prop-erty.

(3) Monopoles of one hundred forty (140) feetor less are permitted by right in desig-nated city parklands and recreation facil-ities when they maintain the followingdistance separation:

a. Towers over one hundred (100) feetin height three hundred (300) feetfrom a residentially zoned or usedproperty; or

b. Towers one hundred (100) feet orless in height two hundred (200) feetfrom a residentially zoned or usedproperty. The tower site must meetthe landscape and screening require-ments of sections 27-282.6.(b)(8) and(9). Alternatives to these require-ments may be approved by the cityparks department.

(4) Monopoles of one hundred forty (140) feetor less may be erected within designatedutility transfer or electrical substationswhich have a minimum lot size of tenthousand (10,000) square feet. A visualscreening and vegetative hedge must beinstalled which does not create an electri-cal safety hazard.

(5) Monopoles of one hundred forty (140) feetor less may be permitted by right on


2300.32Supp. No. 81

designated Hillsborough County SchoolBoard sites when they maintain the fol-lowing distance separation:

a. Towers over one hundred (100) feetin height three hundred (300) feetfrom a residentially zoned and usedproperty or;

b. Towers one hundred (100) feet orless in height one hundred (100) feetfrom a residentially zoned or usedproperty.

(6) Monopoles of one hundred forty (140) feetor less may be permitted by right ondesignated city owned sites when theymaintain the following distance separa-tion:

a. Towers over one hundred (100) feet in

height—Three hundred (300) feetfrom a residentially zoned or usedproperty or

b. Towers one hundred (100) feet or less

in height—One hundred (100) feetfrom a residentially zoned or usedproperty.

(7) The sites described in subsections (2)through (6) above shall be identified andillustrated on a map which shall be ap-proved and adopted by resolution of citycouncil. The approved map shall be main-tained and kept on file by the zoningadministrator as Map 27-1.

(d) Replacement and modification of existing

commercial communication towers. To encouragethe use of sites on which existing commercialcommunication towers are already located, andwhich create a visual or height impact, modifica-tions or replacements of such facilities may occursubject to the following conditions:

(1) Commercial communication towers exist-ing prior to the adoption of this sectionshall be considered legal nonconforminguses. Such facilities may be used, re-paired, replaced or modified in accordancewith this section. An existing commercialcommunication tower may be modified orreplaced to accommodate the co-locationof antenna(s). An existing commercial com-

munication tower which, when modifiedor replaced, will not conform to the re-quirements of the Code, may be increasedin height, one (1) time, up to forty (40) feetabove the existing height and/or may berelocated on the same zoning lot, one (1)time, within seventy-five (75) feet of theexisting location, with administrative re-view and without conformance to the dis-tance separation requirements containedherein. For purposes of this section, onlythose towers which were legally permit-ted and in existence prior to the adoptionof this section shall be considered "exist-ing commercial communications towers.

(2) A commercial communication tower whichis modified or replaced to accommodatethe collocation of additional antenna(s)shall be either of the same type as theexisting commercial communication tow-ers or shall be a monopole.

(3) The existing commercial communicationtowers shall be removed within ninety(90) days of replacement.

(e) Commercial communication towers site re-

view process. Any applicant or agent thereof pro-posing to erect or construct a commercial commu-nication tower or modify or replace an existingcommercial communication tower by increasingthe height or by altering the existing site after theeffective date of this ordinance is required tocomply with the provisions of this section.

(1) Submission of application. An applicationfor the construction or alteration of acommercial communication tower site shallbe submitted to the Planning and Devel-opment Department (PDD) as part of theapplication for commercial site plan re-view as required by Chapter 5 of thisCode. The city shall retain a technicalexpert, such as a registered professionalengineer with expertise in the telecommu-nications field, to participate in the re-view of the application. The cost of thereview by the technical expert shall beborne by the applicant.


2300.33Supp. No. 81

(2) Review procedure.

a. Preapplication conference. Any appli-cant or agent thereof required toobtain a commercial communicationtower site permit shall schedule acourtesy review with the City ofTampa Planning and DevelopmentDepartment prior to the submissionof the permit application, in order toreview the requirements of this sec-tion. The applicant shall bring to theconference the legal description ofthe proposed commercial communi-cation tower site and zoning lot, aconceptual plan of the commercialcommunication tower site, and anelevation drawing of the commercialcommunication tower site improve-ments.

b. Submission requirements. All appli-cations for a commercial communi-cation tower site permit shall con-tain the following items:

1. The applicant shall be the com-mercial communication towerowner or their authorized agent.The application shall be signedand notarized by the owner ofthe property upon which thecommercial communicationtower is being constructed withthe property owner's acknowl-edgment of the requirementsrelating to abandonment of thetower as set forth in section (f)below. Documentation shall besubmitted as to the telecommu-nication carrier(s) utilizing thecommercial communicationtower.

2. Site and landscape plan (includ-ing vegetative pallet) drawn toscale, legal description of com-mercial communication towersite and zoning lot, north arrowand demonstration of compli-ance with applicable land devel-opment regulations.

3. An elevation, drawn to scale, ofthe zoning lot's view from cityright-of-way and any abuttingresidential use or property,

4. Documentation of compliancewith F.A.A. and local aviationauthority regulations,

5. Documentation to assure thatthe antennas to be placed onthe tower meet all relevant FCCregulations and radio frequencyemission standards.

6. Copies of any relevant ease-ments,

7. The applicant must include inthe application an affidavit ofits good faith intent to allowthe collocation of wireless com-munication antennas by othertelecommunication carriers ata reasonable market rate. Thecost of modifying the commer-cial communication tower to ac-commodate the collocated an-tennas shall be borne by thecollocating telecommunicationcarrier,

8. The applicant shall provide anotice of the proposed locationto other telecommunication car-riers with potential interest incollocation by "certificate of mail-ing" through the United StatesPost Office. Copies of the let-ters must be submitted withthe application. Notice shall di-rect the carriers interested incollocation to contact the zon-ing administrator. If a poten-tial user requests collocation inwriting to the zoning adminis-trator, the burden shall be onthe applicant to demonstratethat collocation can not be ac-commodated pursuant to thestandards set forth in subsec-tion (10), below.


2300.34Supp. No. 81

9. The applicant shall provide theapplicable propagation models,search ring maps and other rel-evant documentation for thetelecommunication carrierwhich has demonstrated an in-tent to locate a wireless com-munication antenna on the pro-posed tower ("intended carrier")and shall identify all existingstructures within the telecom-munication carrier's search ringof equal or greater height thanthe proposed commercial com-munication tower.

10. The applicant must demonstrateto the satisfaction of the city'stechnical expert that the wire-less telecommunication antennato be attached to the proposedcommercial communicationtower cannot be accommodatedon the identified existing struc-tures or on a commercial com-munication tower within thetelecommunication carrier'ssearch ring due to one (1) ormore of the following reasons:i. Both the owner/operator

of the existing commercialcommunication tower andthe applicant have veri-fied that an additional an-tenna array would exceedthe structural capacity ofthe existing commercialcommunication tower orstructure, and the exist-ing commercial communi-cation tower or structurecannot reasonably be re-placed with a new tower;

ii. The city's technical experthas verified that the exist-ing structure(s) will notfulfill the design objectiveand approach of the in-tended carrier.

iii. The city's technical experthas verified that the wire-

less telecommunication an-tennae would cause RF orother type of interferenceor be interfered with bythe operation of existingor proposed wireless tele-communication antennas,located on or near the ex-isting structure;

iv. The existing commercialcommunication tower doesnot have the space or avail-ability at the requiredheight, or adequate areaupon which to locate andoperate the necessaryequipment effectively andreasonably;

v. The lease terms on an ex-isting tower are not eco-nomically reasonable andare substantially higherthan current market rates.

11. Documentation establishing thestructural integrity for the com-mercial communication tower'sproposed use.

12. An affidavit from the propertyowner acknowledging accep-tance of the requirements ofsection 27-282.6.(d).

13. A lease agreement demonstrat-ing that one (1) or more tele-communication carriers intendto locate wireless communica-tion antenna(s) on the proposedtower.

14. An affidavit from the applicantdocumenting the specific num-ber of antennas the proposedtower is designed to support.

15. Prior to issuance of a certificateof completion, the tower ownershall document liability cover-age for the tower and shall sub-mit a sealed survey (completedby a licensed Florida surveyor)


2300.35Supp. No. 81

verifying the finished towerheight is consistent with theapproved permit.

c. Action on application. The Planningand Development Department (PDD)shall review the application for com-pliance with the requirements of thissection. Commercial communicationtower site permits shall be issuedwhen such compliance is met. A com-mercial communication tower sitepermit shall have a built-out dead-line of one (1) year. The built-outdeadline shall be deemed to be met ifthe holder of the permit has com-pleted fifty (50) percent of the per-mitted construction and is proceed-ing with the remainder of theconstruction under an active permit.

If it is determined that an applica-tion does not comply with the provi-sions of this section, the commercialcommunication tower site permitshall be denied.

(f) Removal of abandoned commercial commu-

nication towers.

(1) Each commercial communication towersite permit application must include anacknowledgement by the property ownerand applicant that if the use of any com-mercial communication tower is discontin-ued for more than one hundred eighty(180) days, it shall be deemed to be aban-doned. The property owner shall notifythe city of the tower abandonment bycertified mail within thirty (30) days.

(2) Determination of the date of abandon-ment shall be made by the zoning admin-istrator who shall have the right to re-quest documentation and/or affidavits fromthe commercial communication tower own-er/operator regarding the active use of thecommercial communication tower.

(3) The zoning administrator shall providenotice by certified mail to the propertyowner that the final determination of aban-donment has been made.

(4) The property owner shall have ninety (90)days from the date of the notice of aban-donment to either,

a. Cause the reactivation of the use ofthe commercial communication tower;or

b. Dismantle and remove the commer-cial communication tower.

(5) At the earlier of ninety-one (91) days fromthe date of the notice of the zoning admin-istrator's determination of abandonmentwithout reactivation, or upon completionof dismantling and removal, any site ap-proval for the use of the commercial com-munication tower shall automatically ex-pire.

(6) The owner of the real property shall beultimately responsible for all costs of dis-mantling and removal, and in the eventthe commercial communication tower isnot removed within ninety (90) days ofabandonment, the city may initiate thelegal proceedings to do so and assess thecosts against real property.

(g) Inspections. The planning and develop-ment department shall conduct on-site inspec-tions of all tower sites at regularly scheduledintervals in order to ensure that each site iscurrently operational and not considered aban-doned as set forth in (f)(1) above, is being main-tained and is in compliance with its approved siteplan.(Ord. No. 2013-67, § 2, 5-16-2013)

Sec. 27-282.7. Performance standards for in-dustrial, manufacturing andprocessing operations.

(a) Industrial, manufacturing and processingoperations shall observe the following perfor-mance standards:

(1) Direct illumination resulting from the op-eration shall not fall upon any land notcovered by the application for a zoningcompliance permit for the operation.


2300.36Supp. No. 81

(2) Equivalent sound levels shall not exceedthe following standards:

a. If the receiving use is residential:

Between 7:00 a.m. and 10:00 p.m.—60dBA


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transport the same) shall besetback five (5) feet from thefront property line.

2. No vehicle or craft shall beparked in a location in the frontyard that causes a sight obstruc-tion to any pedestrian or oper-ator of any vehicle by eithermaterially impeding or obstruct-ing the visibility of oncomingtraffic or the visibility of a law-fully placed traffic control de-vice.

3. No more than one (1) vehicle(including crafts) shall be parkedin the front yard.

4. The vehicle or crafts may onlybe parked within the front yardon an existing driveway areawhich was designed and in-tended to provided ingress andegress of vehicular traffic fromthe street.

5. The height limitation on vehi-cles and crafts shall be ten (10)feet and the length limitationshall be twenty-six (26) feet.Height shall be measured fromthe highest point of the vehicleor craft to the lowest point ofthe vehicle or craft, includingall antennas, extensions, appur-tenances and trailers (and ex-tensions thereof). Length shallbe measured from the longestdistance from the front of thevehicle or craft to the back orend of the vehicle or craft, in-cluding all antennas, exten-sions, appurtenances and trail-ers (and extensions thereof).

*For purposes of this subsec-tion it shall be deemed "notfeasible" to park a vehicle orcraft in accordance with subsec-tion (5)a. above if the vehicle orcraft, including the trailer orequipment used to transport thesame, is of such a size that

existing structures, or trees orlandscaping (which cannot beremoved without a permit asrequired by chapter 13), com-pletely prevent or impede suchvehicle or craft from being ma-neuvered into and located withinthe side and corner and rearyards.

c. The board of adjustment is autho-rized to vary the limitations set forthin subsections b.1, b.3., b.4., and b.5.above in accordance with the criteriaset forth in section 27-80; however,the limitation set forth in subsectionb.2. may not be varied.

(6) If a craft is parked or stored outside of anenclosed garage, it shall be located on atrailer with tires, and if a vehicle is parkedor stored outside of an enclosed garage, itshall be on wheels.

(7) All vehicles, crafts and trailers parkedanywhere on residential property shall belicensed in accordance with all laws of theState of Florida.

(b) Commercial equipment in residential dis-

tricts. The parking of commercial equipment inany residential district is prohibited. This require-ment shall not be interpreted to prohibit commer-cial vehicles from loading and unloading in anyresidential district and shall not prevent tempo-rary parking of vehicles on a lot as accessory to alawful commercial use of the same residential lotor require such vehicles to be garaged. Parking is,however, permitted within any entirely enclosedstructure which meets the regulatory require-ments for the applicable zoning district.

(c) Commercial equipment in office and com-

mercial districts. The parking of commercial equip-ment in the office, CN and CG districts is limitedto two (2) vehicles per establishment. The maxi-mum size of the vehicles shall be standard van orone-half-ton pickup truck.

Cross reference—Parking, Ch. 15.

Sec. 27-283.12. Off-street parking space stan-dards.

(a) Regular car off-street parking layout:


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PKG TABLE 2

Dimension(in feet)

OnDia-gram 0° 45° 60° 75° 90°

Stall width per-pendicular tostall length ofline

A 9.0 9.0 9.0 9.0 9.0

Stall length ofline

B 24.0 27.0 23.2 20.4 18.0

Stall depth towall

C 9.0 19.1 20.0 19.7 18.0

Aisle width be-tween stall lines

D 12.0 11.0 18.0 22.0 24.0

Module widthwall to wall

E 30.0 49.2 58.2 61.4 62.0

Bumper over-hang1

(optional)

F 2.0 2.0 2.0 2.0 2.0

Back-up width G — — — — 7.0

Cross-aisle one-way

H 10.0 (min.) and 15.0 (max.)

Cross-aisle two-way

H 20.0 (min.) and 30.0 (max.)

Note:1 Bumper overhang not permitted over land-

scaping or sidewalk area.

(b) Compact car off-street parking require-ments and stall layout:

(1) Compact car parking may be allowed forup to sixty-five (65) percent of the re-quired spaces. Compact car parking maybe provided for up to one hundred (100)percent of the spaces in excess of therequired number of spaces.

(2) For ninety-degree compact parking, theminimum stall width shall be eight (8)feet and the minimum stall length shallbe sixteen (16) feet. There need to be noprovision for bumper overhang for com-pact parking.

(3) Compact parking spaces shall be clus-tered in groups and located within easyaccess of an entrance so as to be desirableand fully utilized.

(4) Compact parking spaces must be desig-nated as being for the exclusive use ofcompact cars through the use of signageor marking.

(5) The overall design must be reviewed andapproved by the Planning and Develop-ment Department (PDD), with consulta-tion with the department of public works,if required.

(6) The parking layout dimensions (in feet)for eight-foot compact parking stalls atvarious angle is shown below in PKGTable 3.

(7) The off-street parking stall layout for com-pact cars is also controlled by PKG Graph-ic-2.

(8) Compact parking spaces shall not be uti-lized for single-family detached, semi-detached, attached, two-family, or multi-family townhouse style units, which arelocated within a garage or in tandem.Please refer to "27-283.12(a) Regular caroff-street parking layout" for requireddimensions.

_________________________________________________________________________________________

PKG TABLE 3

COMPACT CAR OFF-STREET PARKING LAYOUT

Dimension

(in feet) On Diagram 0° 45° 60° 75° 90°

Stall width perpendicular tostall length of line

A 8.0 8.0 8.0 8.0 8.0

Stall length of line B 22.0 24.0 20.6 18.1 16.0


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Dimension

(in feet) On Diagram 0° 45° 60° 75° 90°

Stall depth to wall C 8.0 17.0 17.8 17.5 16.0

Aisle width between stall lines D 12.0 11.0 18.0 22.0 24.0

Module width wall to wall E 28.0 45.0 53.6 57.0 56.0

Bumper overhang(optional)

F — — — — —

Back-up width G — — — — 6.0

Cross-aisle one-way H 10.0 (min.) and 15.0 (max.)

Cross-aisle two-way H 20.0 (min.) and 30.0 (max.)


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Off-Street Parking Stall Layout—PKG Graphic-2


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(3) Inspections required. Foundation, final.(Ord. No. 2002-67, §1, 2-28-02)

Sec. 27-289.5. Permits when required

(a) Permit required for signs.

(1) A sign shall not be erected, demolished,altered, rebuilt, enlarged, extended, relo-cated, attached to, suspended from orsupported by a building or structure un-less a permit for the same has been issuedby the building official or unless the signis specifically exempted from permit pro-cedures.

(2) Any repair work on a sign affecting thestructural integrity of the load bearingelements shall require a permit. Simple,nonstructural maintenance of a sign doesnot require a permit.

(3) Repairs to a sign may be conducted priorto obtaining a permit in the event of anemergency imposing an imminent threatto life or property. Provided, however, thatany necessary permit is obtained on thefirst business day thereafter. Emergencyrepairs shall be limited to returning thesign to its original permitted state.

Sec. 27-289.6. Allowable signs; permits; whenrequired.

(a) The following signs may be exempt frompermit requirements of this Sign Code, unlessotherwise stated herein or required pursuant toother provisions of the City of Tampa Code ofOrdinances:

(1) Government signs. No permit is requiredif a government sign is necessary for thepurposes of public health and safety, or isused to identify public services or publicfacilities, for traffic control, for neighbor-hood identification, for events of officiallyregistered neighborhood associations, forwayfinding or directions or to provideinformation on community events. Other-wise a government sign must comply withrequirements of this chapter. Any govern-

ment sign which contains an electronicmessage must operate in compliance withsubsection (20) herein.

(2) Flags, emblems, or insignias of any na-tion, state, political subdivision, religious,charitable, political, social or fraternalorganization when displayed on a singlepole or other supporting structure.

(3) Holiday, seasonal or commemorative dec-orations, provided that such signs are notdisplayed for a period of more than sixty(60) days.

(4) Memorial signs or tablets, names of build-ings and dates of erection when cut intoany masonry surface.

(5) Two (2) directional signs per drivewaylocated in a commercial, industrial andoffice districts which signs shall be locatedon and pertaining to a parcel of privateproperty. Each sign shall not exceed four(4) square feet in sign area nor thirty (30)inches in height. If such sign is to beilluminated, then an electrical permit shallbe obtained in accordance with chapter 5,City of Tampa Code. Directional signsmay be placed with a zero foot setbackfrom the right-of-way, provided that suchsigns meet all of the applicable regula-tions. The square footage of directionalsigns shall not be counted as part of themaximum allowable square footage forally parcel.

(6) One (1) temporary nonilluminated sign inresidential zoning districts not to exceedsix (6) square feet in area and six (6) feetin height.

(7) One (1) nonilluminated real estate signper street frontage, subject to the follow-ing restrictions:

In residential zoning districts:

Four and one-half (41/2) square feetin area where the property beingadvertised has a street frontage ofless than five hundred (500) feet.


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Eight (8) square feet where the prop-erty being advertised has a streetfrontage of five hundred (500) feet ormore.

Such signs shall not exceed six (6)feet in height and shall be removedwithin thirty (30) days after the saleof the property.

In all other districts:

Eight (8) square feet where the prop-erty being advertised has a streetfrontage less than two hundred (200)feet.

Sixteen (16) square feet where theproperty being advertised has a streetfrontage of two hundred (200) feet ormore.

Such signs shall not exceed ten (10)feet in height and shall be removedwithin thirty (30) days after the saleof the property.

(8) Multiple listing strips, broker identifica-tion strips and sold signs are allowedwhen attached to a real estate sign. Signsshall be removed when ownership haschanged or the property is no longer forsale, rent or lease. Multiple listing strips,broker identification strips and sold signsshall not be counted as part of the maxi-mum square footage permitted for realestate signs nor shall real estate signs beconsidered as part of the maximum squarefootage permitted on any parcel.

(9) Construction signs, authorized or re-quired by the division of inspectional ser-vices of the Planning and DevelopmentDepartment (PDD), provided that the fol-lowing conditions are met:

(i) Such sign is not illuminated; and

(ii) Such sign shall be authorized onlywhen active building or constructionis taking place; and

(iii) Such sign shall contain only on-siteadvertising; and

(iv) All such signs shall be removed ormade to conform to the provisions ofthis chapter before a certificate ofoccupancy may be issued; and

(v) The height of all construction signsshall be limited according to the fol-lowing restrictions:

In residential zoning districts:

Four and one-half (41/2) squarefeet in area where the propertybeing advertised has a streetfrontage of less than five hun-dred (500) feet. The sign shallnot exceed six (6) feet in height.

Eight (8) square feet where theproperty being advertised has astreet frontage of five hundred(500) feet or more. The signshall not exceed six (6) feet inheight.

In all other districts:

Eight (8) square feet where theproperty being advertised has astreet frontage less than twohundred (200) feet. The signshall not exceed ten (10) feet inheight.

Sixteen (16) square feet wherethe property being advertisedhas a street frontage of twohundred (200) feet or more. Thesign shall not exceed ten (10)feet in height.

(10) In addition to any other signage allowedon a parcel pursuant to this Code, eachparcel shall be allowed one (1) nonil-luminated political campaign sign per can-didate or issue not to exceed eight (8)square feet in area, and six (6) feet inheight. In no event shall the aggregatesign area of political campaign signs al-lowed pursuant to this subsection exceedthirty-two (32) square feet per parcel. Apolitical campaign sign shall not be at-tached to a building or fence or placed insuch a manner as to prevent ingress andegress through any door or window. Polit-ical campaign signs shall be erected no


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more than sixty (60) days prior to anelection and shall be removed within seven(7) days following the election. In no eventshall a political campaign sign be placedin the right-of-way. Failure to comply withthis subsection will constitute a violationof this Code and violations shall be re-quired to come into compliance within five(5) days of citation.

(11) Window signs which comprise, in aggre-gate, twenty-five (25) percent of the totalwindow area or less.

(12) Signs incorporated on machinery or equip-ment at the manufacturer's or distribu-tor's level, which identify or advertiseonly the product or service dispensed bythe machine or equipment, such as signscustomarily affixed to vending machines,newspaper racks, telephone booths, andgasoline pumps. Such signs shall not becounted as part of the maximum squarefootage permitted on any parcel.

(13) Interior signs which are displayed on theinside of a building and not visible from apublic place. Such signs shall not becounted as part of the maximum squarefootage permitted on any parcel.

(14) "No trespassing" or "no dumping" signsnot exceeding four (4) in number per acreand no one (1) sign exceeding two (2)square feet in area.

(15) Temporary, miscellaneous signs which areless than four (4) square feet.

(16) Warning signs, provided that warning signsdo not exceed four (4) square feet in sur-face area.

(17) One (1) temporary on-site banner or pen-nant may be displayed for a period not toexceed thirty (30) consecutive calendardays, nor more than sixty (60) days in asingle year (up to ninety (90) days in theCentral Business District as defined inChapter 27, City of Tampa Code of Ordi-nances, provided:

(i) No such banner or pennant may bedisplayed at a height of more thanfifteen (15) feet (except in the Cen-

tral Business District as defined inChapter 27, City of Tampa Code ofOrdinances, a banner or pennantattached to a building may not ex-ceed the height of the building uponwhich the banner or pennant is at-tached) such banner or pennant beany larger than a building sign al-lowed for the parcel on which thebanner or pennant is displayed;

(ii) The banner or pennant shall be dis-played only in non-residential zon-ing districts, as well as within non-residential designated areas ofplanned development districts;

(iii) The banner or pennant shall be at-tached to the building in a manneras provided for in Chapter 5 of theCity Code and shall not be affixed tovehicles or utility poles except asprovided for in Chapter 22 of theCity Code;

(iv) The banner or pennant shall be madeof mylar material; and

(v) The banner or pennant shall be main-tained in a state of good repair, andpennants or banners that are frayed,torn or otherwise in disrepair areprohibited. A permit is required priorto the installation of any temporarypennant or banner.

(18) Signs announcing public or semipublicevents and functions shall be permittedas follows:

a. One (1) nonilluminated, temporarysign shall be permitted on the site ofa public, social, charitable, educa-tional or religious institution wherethe event is to take place.

b. Such sign shall not exceed eight (8)square feet in area, nor more thansix (6) feet in height in residentialdistricts and sixteen (16) square feetin area, no more than ten (10) feet inheight in commercial, industrial andoffice districts.


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c. Permits for such signs shall be is-sued. Such signs shall be allowed fora period of not more than thirty (30)consecutive days nor more than sixty(60) days in any one (1) year.

d. Signs announcing public orsemipublic events or functions shallbe set back a minimum of fifteen (15)feet from the right-of-way line andthirty (30) feet from the intersectionof the rights-of-way.

(19) A permit is not required to change orreplace the advertising copy, message orsign face on changeable copy signs. Pro-vided, however, that said change or re-placement of advertising copy, message orsign face does not enlarge or increase thesign surface area nor adversely affect theoriginal design integrity. If, in order tochange or replace the advertising copy,message or sign face, the supporting signstructure must be unfastened, loosened orremoved, then and in that case, a signpermit shall be required. Copy cannot bereplaced such that the sign changes froman on-site sign to an off-site sign.

(20) Electronic message signs may be permit-ted in place of part or all of the allowablesign area, as provided herein and the signsurface area of an electronic message signshall limited to the allowable sign surfacearea of a freestanding sign, as providedfor in section 27-289.12(c)(1) or a buildingsign, as provided or in section 27-289.12(c)(2), herein. The placement andorientation of an electronic message signshall be limited to arterial and/or collectorstreet roadways (as identified in the Cityof Tampa Department of Public Works"Roadway Functional Classification Sys-tem"). The copy on all electronic messagesigns, including government signs, shallnot change more than once in a five-minute period unless otherwise allowedby law and shall comply with the opera-tional standards in section 27-289.10(d)(5)c.—h. Traffic control devicesand related signs and government signswhich are necessary for public health and

safety are exempt from this paragraph.Replacement of an existing sign with anelectronic message sign shall be consid-ered a structural alteration and will re-quire all appropriate permits pursuant tothe City of Tampa Code of Ordinances.

(21) One (1) address sign of no more than two(2) square feet of total sign face area inresidential zoning districts and no morethan three (3) square feet of total sign facearea in office, commercial or industrialzoning districts shall be allowed. Thesquare footage for the address sign shallbe allowed in addition to the total signsurface area allowed for freestandingand/or building signs.

(22) General merchandise signage applied tooutdoor furniture, including umbrellas, inassociation with a legal use of an estab-lishment. The general merchandise signageshall consist of one (1) line of letters or anidentification emblem, initials or insignia,or other feature painted on the furniture.

(23) Signs which are required pursuant to theCity of Tampa Code of Ordinances, Flor-ida Statutes or other regulations in thelocation and up to the size required by theapplicable regulation shall be allowed.Such legally required signage shall beallowed in addition to the total sign sur-face areas allowed for other signage pro-vided for in this Sign Code.

(Ord. No. 2013-67, § 2, 5-16-2013)

Sec. 27-289.7. Types of sign inspections;when required.

(a) Sign.

(1) Foundation: To be made after the hole isexcavated, forms erected and reinforcingsteel is in place.

(2) Final: To be made after the sign is com-pletely installed.

(3) Electrical: Illuminated signs require anelectrical inspection to be made after theelectrical work is complete. Undergroundwiring requires an inspection to be made


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