CODE OF ORDINANCES. City of TAMPA, FLORIDA. Looseleaf Supplement

Transcription

1 SUPPLEMENT NO. 86 VOLUMES I AND II April 2014 CODE OF ORDINANCES City of TAMPA, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No , adopted March 6, See the Code Comparative Table Volume II for further information. Remove Old Pages Title page iii vi Checklist of up-to-date pages Title page iii viii ix xviii Insert New Pages VOLUME I Title page iii viii ix xx Checklist of up-to-date pages (following Table of Contents) SH:1 SH:3 (following Checklist of upto-date pages) VOLUME II Title page ix xx Checklist of up-to-date pages SH:1 SH:3 985, , , , , , , , , , , Insert and maintain this instruction sheet in front of this Volume I. File removed pages for reference.

2 INSTRUCTION SHEET Cont'd.

3 CHARTER AND RELATED LAWS CITY OF TAMPA, FLORIDA VOLUME I Published in 1990 by Order of the City Council

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5 CURRENT OFFICIALS of the CITY OF TAMPA, FLORIDA Bob Buckhorn Mayor Charlie Miranda, Chair Harry Cohen, Chair Pro-Tem Michael Suarez Yvonne Yolie Capin Frank Reddick Mary Mulhern Lisa J. Montelione Councilmembers Shirley Foxx-Knowles City Clerk Julia Mandell City Attorney Salvatore Territo Chief Assistant City Attorney iii

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7 PREFACE This Code constitutes a complete recodification of the City of Tampa, Florida. Source materials used in the preparation of the Code were the 1971 Code, as supplemented through September 22, The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this volume, the reader can locate any section of the 1971 Code, as supplemented, and any ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume. Numbering System The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 4 is numbered 4-1 and the third section of Chapter 1 is 1-3. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division. Indices The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within each index which stand as guideposts to direct the user to the particular item in which the user is interested. v

8 Looseleaf Supplements A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Successfully keeping this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication of this Code was under the direct supervision of Bill Carroll, Vice President, Code Department, Jody Wilson, Code Editor, and Laura Johnson, Code Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Josephine Howard Stafford, Assistant City Attorney, Frances Henriquez, City Clerk, and Rick Smith, Employee Relations, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. MUNICIPAL CODE CORPORATION Tallahassee, Florida vi

9 ORDINANCE NO An Ordinance Adopting and Enacting a New Code of Ordinances for the City of Tampa, Florida; Providing for the Repeal of Certain Ordinances not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective. Be It Ordained by the City Council of the City of Tampa, Florida: Section 1. The Code of Ordinances entitled "Code of Ordinances, City of Tampa, Florida" published by Municipal Code Corporation consisting of Chapters 1 through 27, each inclusive, is adopted hereby by reference thereto. Section 2. All ordinances of a general and permanent nature enacted on or before March 22, 1990, and not included in the Code or recognized and continued in force by reference therein are repealed. Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this Ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months or by both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after March 22, 1990, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code. Section 7. This Ordinance shall become effective immediately upon becoming a law. vii

10 PASSED AND ORDAINED by the City Council of the City of Tampa, Florida, on September 13, /s/ Lee Duncan CHAIRMAN, CITY COUNCIL ATTEST: APPROVED BY ME ON SEPTEMBER 17, 1990 /s/ Frances Henriquez CITY CLERK Prepared and Approved by: /s/ Josephine Howard Stafford ASSISTANT CITY ATTORNEY /s/ Sandra W. Freedman MAYOR viii

11 TABLE OF CONTENTS Page Current Officials iii Preface v Adopting Ordinance vii Checklist of Up-to-Date Pages [1] Supplement History Table SH:1 CHARTER AND RELATED LAWS VOLUME I Part A. Charter Art. I. Incorporation and Form of Government Art. II. Legislative Art. III. City Clerk Art. IV. Executive Art. V. Departments Art. VI. Conduct of Government Art. VII. Finances Art. VIII. Contracts and Bidding Art. IX. Boards and Commissions Art. X. Miscellaneous Art. XI. Transitional Provisions Charter Comparative Table Ordinances Charter Comparative Table Laws of Florida State Law Reference Table Part B. Related Laws Art. I. Territorial Boundaries Art. II. General Powers Art. III. Alcoholic Beverages Art. IV. Civil Service Art. V. Conveyances of Land Art. VI. Dangerous and Unsafe Buildings Art. VII. Drainage Art. VIII. Elections Art. IX. Excavations Art. X. Fire Prevention and Protection Art. XI. Garbage and Trash Art. XII. Housing Authority Art. XIII. Library Art. XIV. Liens Art. XV. Parks and Recreation ix

12 TAMPA CODE Page Art. XVI. Pensions Div. 1. Generally Div. 2. Pension Fund for Firemen and Policemen Div. 3. General Employees Pension Fund Art. XVII. Planning Commission (City-County) Art. XVIII. Railroads Art. XIX. Urban Renewal Law Art. XX. Utilities Gas and Electricity Art. XXI. Utilities Waterworks System Div. 1. Generally Div. 2. Construction and Funding Div. 3. Hillsborough River Art. XXII. Weeds Related Laws Comparative Table Compiled Charter of Related Laws Comparative Table Laws of Florida Related Laws Comparative Table Ordinances State Law Reference Table Part C. Table of Additional Related Laws Charter and Related Laws Index Chapter CODE OF ORDINANCES VOLUME II 1. General Provisions Administration Art. I. In General Art. II. City Clerk Div. 1. Generally Div. 2. Archives and Records Service Art. III. Departments Div. 1. Generally Div. 2. Department of Revenue and Finance Div. 3. Department of Convention Facilities Art. IV. Reserved Art. V. Finance Div. 1. Generally Div. 2. City Depositories Div. 3. Purchases and Contracts Art. VI. Reserved Art. VII. Civil Emergencies Art. VIII. City of Tampa Ethics Code Div. 1. Generally x

13 TABLE OF CONTENTS Cont d. Chapter Page Div. 2. Conflicts of Interest Subdiv. I. Non-City Employment Restrictions. 80 Subdiv. II. Contractual Restrictions Subdiv. III. Financial Interest Restrictions Subdiv. IV. Voting Conflict Restrictions Subdiv. V. Other Conflict Restrictions Div. 3. Misuse of Position and Property Div. 4. Gifts, Honoraria and Financial Disclosure. 87 Div. 5. Lobbying and Post-Employment Restrictions Div. 6. Campaign Ethics Div. 7. Administration, Training, Penalties and Enforcement Div. 8. Ethics Commission Alcoholic Beverages Art. I. Reserved Art. II. Reserved Art. III. Classifications of Zoning Art. IV. Reserved Art. V. Reserved Art. VI. Reserved Art. VII. Reserved Art. VIII. Reserved Art. IX. Reserved Art. X. Reserved Art. XI. Reserved Art. XII. Reserved Art. XIII. Convention Centers Public Art Art. I. In General Art. II. Public Art Committee Building Code Sec General Sec Applicability Sec Department of Building Safety Sec Duties and Powers of Building Official Sec Permits Sec Construction Documents Sec Temporary Structures and Uses Sec Fees Sec Inspections Sec Certificates of Occupancy and Completion/ Service Utilities Pt. I. Certificates of Occupancy and Completion Pt. II. Service Utilities Sec Flood Resistant Construction Sec Board of Appeals xi

14 TAMPA CODE Chapter Page Sec Violations and Penalties Sec Stop Work Order Sec Reserved Sec Numbering of Buildings Sec Inter-Local Agreement/Certification Sec Noise Level Reduction Business Regulation Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority Div. 2. Applications, Documents and Permits Art. II. Sanctions and Appeals Div. 1. Generally Div. 2. Violations Art. III. Specific Regulations and Requirements Div. 1. Generally Div. 2. Temporary Help Agencies Div. 3. Adult Uses Special Cabarets, Massage Parlors, Escort Services, Live Model Studios, Adult Bookstores Div. 4. Bathhouses Div. 5. Reserved Div. 6. Handbill Distribution Div. 7. Dance Halls Div. 8. Off-Premises Canvassing in the Ybor City Historic District Div. 9. Immobilization of Vehicles on Private Property Div. 10. Shopping Carts Div. 11. Pain Management Clinics Div. 12. Newspaper Street Sales Allowed Cable Communications Art. I. In General Art. II. Grant of Authority Art. III. Franchise Conditions Art. IV. Subscriber Fees and Records Art. V. System Operations Art. VI. Reserved Cemeteries Code Enforcement Elections Fire Prevention and Protection Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc. 707 xii

15 TABLE OF CONTENTS Cont d. Chapter Page Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Generally Div. 2. Action Authorized to Mitigate Violations Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Human Rights Art. I. In General Art. II. Employment Discrimination Div. 1. Generally Div. 2. Unlawful Practices; Exemptions Div. 3. Enforcement Art. III. Discrimination in Public Accommodations Art. IV. Discrimination in Housing Div. 1. Generally Div. 2. Unlawful Practices Div. 3. Exemptions Div. 4. Enforcement Art. V. Domestic Partnership Registry Art. VI. Criminal History Screening Practices Landscaping, Tree Removal and Site Clearing Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc. 843 Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Action Authorized to Mitigate Violations Div. 2. Appeals Div. 3. Board Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Div. 3. Specific Technical Requirements Offenses Art. I. In General Art. II. Miscellaneous Offenses Div. 1. Generally Div. 2. Streets and Sidewalks; Property; Reports Div. 3. Drugs Div. 4. Prostitution Div. 5. Nudity xiii

16 TAMPA CODE Chapter Page Div. 6. Weapons Div. 7. Habitual Violators Div. 8. Cruising Control Regulations Div. 9. Adult Use Entertainer Distance Separation Requirement Div. 10. Alcoholic Beverages Art. III. Noise Art. IV. Animals Art. V. Boats, Docks and Waterways Art. VI. Pollution of Navigable Waters Art. VII. Alarm Systems Div. 1. Generally Div. 2. Burglar/Robbery Alarm Systems Art. VIII. Public Nuisance Abatement Board Art. IX. Simulated Gambling Devices Parking Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Fee Authority and Types Art. II. Regulations; Permits; Penalties Div. 1. General Parking Regulations Div. 2. Parking Meter Regulations Div. 3. Permits, Permit Regulations Div. 4. Penalties Parks and Recreation Art. I. In General Art. II. Permits and Use Regulations Art. III. Facilities and Activities Art. IV. City Marinas, Mooring Fields, and Jurisdictional Waters Art. V. Tree Trust Fund Art. VI. Dedicated Parks Art. VII. Landscape Area Trust Fund Art. VIII. Definitions Pensions Art. I. In General Art. II. Firemen and Policemen Affordable Housing, Sustainability, and Concurrency Management System Art. I. Affordable Housing Advisory Committee Art. II. Reserved Art. III. Tampa Comprehensive Plan and Concurrency Management System Art. IV. Reserved Art. V. Reserved Art. VI. Concurrency Management Procedures Div. 1. Reserved xiv

17 TABLE OF CONTENTS Cont d. Chapter Page Div. 2. Reserved Div. 3. Reserved Div. 4. Reserved Div. 5. Concurrency Management Procedures Manual Div. 6. Reserved Art. VII. The City of Tampa Sustainability Ordinance Police Art. I. In General Art. II. Fee Authority and Types Property Maintenance and Structural Standards Art. I. In General Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Inspections Div. 3. Property Maintenance Regulations Div. 4. Animals Div. 5. Reserved Div. 6. Reserved Div. 7. Reserved Div. 8. Foreclosure Registry Art. II. Notices; Appeals; Boards Div. 1. Notices Div. 2. Appeals Div. 3. Boards Art. III. Technical Provisions Div. 1. Authority to Establish Technical Standards Div. 2. Specific Technical Requirements Public Improvements Reserved Stormwater Management Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Generally Div. 2. Action Authorized to Mitigate Violations Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Art. IV. Creation of Stormwater Utility, Imposition and Collection of Stormwater Charges Div. 1. Creation of Stormwater Utility xv

18 TAMPA CODE Chapter Page Div. 2. Imposition of Stormwater Charges Div. 3. Procedures for Adoption and Collection of Stormwater Charges Div. 4. Issuance of Obligations Art. V. Regulation of the Use and Sale of Fertilizers Containing Nitrogen and/or Phosphorus Streets and Sidewalks Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc Div. 3. Fee Authority and Types; Permits; Inspections Subdiv. I. Generally Subdiv. II. Bridges Subdiv. III. Sidewalks Subdiv. IV. Benches Displaying Advertising Subdiv. V. News Racks Subdiv. VI. Temporary Structures Subdiv. VII. Moving Buildings Subdiv. VIII. Trash Receptacles Subdiv. IX. Sidewalk Cafes Subdiv. X. Guardhouses and Gates Subdiv. XI. Banners Art. II. Sanctions; Appeals; Boards Div. 1. Generally Div. 2. Action Authorized to Mitigate Violations Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Div. 3. Specific Technical Requirements Art. IV. Communications Rights-of-Way Usage Div. 1. General Provisions Div. 2. Registration Div. 3. Requirements for the Occupation of Public Rights-of-Way Div. 4. Insurance and Indemnification Reserved Supplemental Enforcement Procedures Taxation Art. I. In General Art. II. Electricity, Metered and Bottled Gas, Water and Communications Services Div. 1. Electricity, Metered and Bottled Gas and Water Service Div. 2. Communications Services xvi

19 TABLE OF CONTENTS Cont d. Chapter Page Art. III. Excise Tax on Property and Casualty Insurers 1585 Art. IV. Fuel Oil Art. V. Business Tax Art. VI. Additional Homestead Exemption for Persons Sixty-Five and Older Transportation Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Action Authorized to Mitigate Violations Div. 2. Penalties Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Transportation Impact Analysis and Mitigation Div. 3. Specific Technical Requirements Utilities Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority Div. 2. Applications, Deposits and Payments Div. 3. Violations Art. II. Water Art. III. Wastewater Department Art. IV. Solid Waste Art. V. Recyclable and Recovered Materials Art. VI. Reclaimed Water Art. VII. Grease Management Art. VIII. Franchises for Commercial Solid Waste Collection Services Equal Business Opportunity Program Art. I. In General Art. II. Small Local Business Enterprise Program Div. 1. In General Div. 2. Small Local Business Enterprise Outreach and Sheltered Markets Div. 3. Small Local Business Enterprise Participation in General Bidding and Procurement Div. 4. Requirements of Bidders and Contractors Div. 5. Non-Compliance Div. 6. Appeals xvii

20 TAMPA CODE Chapter Page Art. III. Women and Minority Business Enterprise Program Div. 1. In General Div. 2. Objective and Goals Div. 3. Requirements of Bidders and Contractors Zoning and Land Development Art. I. General Provisions Div. 1. In General Div. 2. Land Development Code and Applicability Div. 3. Consistency Matrix and Zoning Atlas Div. 4. Definitions Art. II. Administration and General Procedures Div. 1. Establishment of Administrative Officer, Duties, and Procedures Div. 2. Development Review and Compliance Procedures Subdiv. 1. Development Review and Compliance Procedures for General Development Subdiv. 2. Development Review and Compliance Procedures Related to Historic Preservation Div. 3. Variance Review Board Procedures (Non- Historic District) Div. 4. Historic District Design Review; Certificate of Appropriateness; Variance Procedures Subdiv. 1. Barrio Latino Commission (Ybor City Historic District) Subdiv. 2. Architectural Review Commission (Other Locally Designated Historic Districts) Div. 5. Special Use Permits Procedures Div. 6. Site Plan Zoning District Procedures Div. 7. Amendments Div. 8. Subdivision Procedures Subdiv. 1. Administrative Provisions Subdiv General Provisions; Administrative Authority; Definitions Subdiv Certificates; Documents; Requirements; Etc Subdiv Fee Authority and Types; Permits; Inspections Subdiv. 2. Sanctions; Appeals; Boards Subdiv Generally Subdiv Action Authorized to Mitigate Violations Subdiv. 3. Technical Provisions Subdiv Authority to Establish/Publish Technical Standards xviii

21 TABLE OF CONTENTS Cont d. Chapter Page Subdiv Adoption of Standards by Reference Subdiv Specific Technical Requirements Art. III. Establishment of Zoning Districts and District Regulations Div. 1. General Zoning Districts Div. 2. Special Districts Subdiv. 1. Municipal Airport (M-AP) Districts Subdiv. 2. Ybor City (YC) Districts Subdiv. 3. Central Business District (CBD) Districts Subdiv. 4. Channel District (CD) Districts Subdiv. 5. Greater Seminole Heights (SH) District Div. 3. Site Plan Zoning Districts Art. IV. Overlay Districts Div. 1. Intent and District Types Div. 2. Specific Overlay Districts Art. V. Historic Preservation Div. 1. Generally Div. 2. Citizens Advisory Committee for El Centro Espanol de Ybor Div. 3. City of Tampa Preservation Board Div. 4. Design Standards Established Art. VI. Supplemental Regulations Div. 1. Applicability and Effect Div. 2. Regulations for Specified Uses Div. 3. Access, Parking and Loading Div. 4. Natural Resources: Buffers, General Tree Planting and Landscaping, Wetlands and Upland Habitat Subdiv. 1. Buffers and Screening Subdiv. 2. General Tree Planting and Landscaping Subdiv. 3. Wetlands Subdiv. 4. Upland Habitat Protection Div. 5. Solid Waste Div. 6. Signs Div. 7. Miscellaneous Standards Art. VII. Nonconformities Art. VIII. Development of Regional Impact Art. IX. Alcoholic Beverages Art. X. Legal Status and Enforcement Div. 1. Enforcement Div. 2. Legal Status Special Events Art. I. Administrative Provisions; Definitions; Exemptions xix

22 TAMPA CODE Chapter Page Art. II. Special Event Permitting Art. III. City Sponsorship of Special Events Art. IV. Appeals; Petition for Administrative Hearing de Novo; Fee Authority; Revocation of Special Event Permit After Issuance; Amplified Sound 2320 Code Comparative Table 1971 Code Code Comparative Table State Law Reference Table Code Index xx

23 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Volume I Title page 86 iii 86 v, vi 86 vii, viii 86 ix, x 86 xi, xii 86 xiii, xiv 86 xv, xvi 86 xvii, xviii 86 xix, xx 86 SH:1, SH:2 86 SH:3 86 1, 2 OC 3, , 6 OC 7, 8 OC 9, , , 14 9 Page No. Supp. No. 15, 16 OC OC , , , , 74 OC 75, 76 OC 77, 78 OC 79, 80 OC 81, , , , , , , , [1]

24 TAMPA CODE Page No. Supp. No. 86.9, , , , , , , 88 OC 89, 90 OC 91, 92 OC 93, 94 OC 95, 96 OC 97, 98 OC 99, 100 OC 101, , , , 108 OC 109, 110 OC 111, 112 OC 113, 114 OC 115, 116 OC 117, 118 OC 119, 120 OC 121, 122 OC 123, 124 OC 125, 126 OC 127, 128 OC 129, 130 OC 131, 132 OC 133, 134 OC 135, 136 OC 137, 138 OC 139, 140 OC 141, 142 OC 143, 144 OC 145, 146 OC Page No. Supp. No. 147, 148 OC 149, 150 OC 151, 152 OC 153, 154 OC 155, 156 OC 157, , , 162 OC 163 OC 213 OC 215, 216 OC 217, 218 OC 219 OC OC 231 OC 233, 234 OC 297, , , , , 306 OC 307, 308 OC 309, 310 OC 311, 312 OC 313, 314 OC 315, 316 OC 317, 318 OC 319, 320 OC 321, , OC Volume II Title page 86 [2]

25 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. ix, x 86 xi, xii 86 xiii, xiv 86 xv, xvi 86 xvii, xviii 86 xix, xx , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 89, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [3]

26 TAMPA CODE Page No. Supp. No. 299, , , , , , , , , , , , , , , , , , , , , , , , 466 OC 467, 468 OC 469, 470 OC 471, 472 OC 473, 474 OC 475, 476 OC 477, 478 OC 479, 480 OC 481, 482 OC 483, 484 OC Page No. Supp. No. 485, 486 OC 487, , , , , , , , , , , , , 710 OC 711, , , , , , , , , , , , , , , , , , [4]

27 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 839, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [5]

28 TAMPA CODE Page No. Supp. No , 1108 OC 1109, 1110 OC 1111, 1112 OC 1113, 1114 OC 1115, 1116 OC 1117, , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 1239, , , , , , , , , , , 1312 OC , , , , , , , , , , , , , , , , , , , [6]

29 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 1433, , , 1436 OC 1437, , , , , , 1446 OC 1447, , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 1587, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [7]

30 TAMPA CODE Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , 1820 OC 1821, 1822 OC 1823, , , , , , , , , , , , , , , , , , [8]

31 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 1853, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 1925, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [9]

32 TAMPA CODE Page No. Supp. No. 1991, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [10]

33 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. 2105, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 2177, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [11]

34 TAMPA CODE Page No. Supp. No. 2253, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , [12]

35 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 2307, , , , , , , OC 2765, 2766 OC 2767, 2768 OC 2769, 2770 OC 2771, 2772 OC 2773, , , , , , , , , , , , , , , , , , , , , , , [13]

36 TAMPA CODE Page No. Supp. No. 2819, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Page No. Supp. No. 3187, , , , , , , [14]

37 SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omits." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted Include/ Omit Supp. No. Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 75 Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 76 Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 77 SH:1

38 TAMPA CODE Ord. No. Date Adopted Include/ Omit Supp. No. Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 78 Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 79 Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 80 Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 81 SH:2

39 SUPPLEMENT HISTORY TABLE Ord. No. Date Adopted Include/ Omit Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 81 Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No Include Supp. No. 82 Supp. No Included Supp. No. 83 Supp. No Omitted Supp. No Omitted Supp. No Omitted Supp. No. 84 Supp. No Included Supp. No Included Supp. No Included Supp. No Included Included SH:3

40

41 CODE OF ORDINANCES CITY OF TAMPA, FLORIDA VOLUME II Published in 1990 by Order of the City Council

42

43 TABLE OF CONTENTS Page Current Officials iii Preface v Adopting Ordinance vii Checklist of Up-to-Date Pages [1] Supplement History Table SH:1 CHARTER AND RELATED LAWS VOLUME I Part A. Charter Art. I. Incorporation and Form of Government Art. II. Legislative Art. III. City Clerk Art. IV. Executive Art. V. Departments Art. VI. Conduct of Government Art. VII. Finances Art. VIII. Contracts and Bidding Art. IX. Boards and Commissions Art. X. Miscellaneous Art. XI. Transitional Provisions Charter Comparative Table Ordinances Charter Comparative Table Laws of Florida State Law Reference Table Part B. Related Laws Art. I. Territorial Boundaries Art. II. General Powers Art. III. Alcoholic Beverages Art. IV. Civil Service Art. V. Conveyances of Land Art. VI. Dangerous and Unsafe Buildings Art. VII. Drainage Art. VIII. Elections Art. IX. Excavations Art. X. Fire Prevention and Protection Art. XI. Garbage and Trash Art. XII. Housing Authority Art. XIII. Library Art. XIV. Liens Art. XV. Parks and Recreation ix

44 TAMPA CODE Page Art. XVI. Pensions Div. 1. Generally Div. 2. Pension Fund for Firemen and Policemen Div. 3. General Employees Pension Fund Art. XVII. Planning Commission (City-County) Art. XVIII. Railroads Art. XIX. Urban Renewal Law Art. XX. Utilities Gas and Electricity Art. XXI. Utilities Waterworks System Div. 1. Generally Div. 2. Construction and Funding Div. 3. Hillsborough River Art. XXII. Weeds Related Laws Comparative Table Compiled Charter of Related Laws Comparative Table Laws of Florida Related Laws Comparative Table Ordinances State Law Reference Table Part C. Table of Additional Related Laws Charter and Related Laws Index Chapter CODE OF ORDINANCES VOLUME II 1. General Provisions Administration Art. I. In General Art. II. City Clerk Div. 1. Generally Div. 2. Archives and Records Service Art. III. Departments Div. 1. Generally Div. 2. Department of Revenue and Finance Div. 3. Department of Convention Facilities Art. IV. Reserved Art. V. Finance Div. 1. Generally Div. 2. City Depositories Div. 3. Purchases and Contracts Art. VI. Reserved Art. VII. Civil Emergencies Art. VIII. City of Tampa Ethics Code Div. 1. Generally x

45 TABLE OF CONTENTS Cont d. Chapter Page Div. 2. Conflicts of Interest Subdiv. I. Non-City Employment Restrictions. 80 Subdiv. II. Contractual Restrictions Subdiv. III. Financial Interest Restrictions Subdiv. IV. Voting Conflict Restrictions Subdiv. V. Other Conflict Restrictions Div. 3. Misuse of Position and Property Div. 4. Gifts, Honoraria and Financial Disclosure. 87 Div. 5. Lobbying and Post-Employment Restrictions Div. 6. Campaign Ethics Div. 7. Administration, Training, Penalties and Enforcement Div. 8. Ethics Commission Alcoholic Beverages Art. I. Reserved Art. II. Reserved Art. III. Classifications of Zoning Art. IV. Reserved Art. V. Reserved Art. VI. Reserved Art. VII. Reserved Art. VIII. Reserved Art. IX. Reserved Art. X. Reserved Art. XI. Reserved Art. XII. Reserved Art. XIII. Convention Centers Public Art Art. I. In General Art. II. Public Art Committee Building Code Sec General Sec Applicability Sec Department of Building Safety Sec Duties and Powers of Building Official Sec Permits Sec Construction Documents Sec Temporary Structures and Uses Sec Fees Sec Inspections Sec Certificates of Occupancy and Completion/ Service Utilities Pt. I. Certificates of Occupancy and Completion Pt. II. Service Utilities Sec Flood Resistant Construction Sec Board of Appeals xi

46 TAMPA CODE Chapter Page Sec Violations and Penalties Sec Stop Work Order Sec Reserved Sec Numbering of Buildings Sec Inter-Local Agreement/Certification Sec Noise Level Reduction Business Regulation Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority Div. 2. Applications, Documents and Permits Art. II. Sanctions and Appeals Div. 1. Generally Div. 2. Violations Art. III. Specific Regulations and Requirements Div. 1. Generally Div. 2. Temporary Help Agencies Div. 3. Adult Uses Special Cabarets, Massage Parlors, Escort Services, Live Model Studios, Adult Bookstores Div. 4. Bathhouses Div. 5. Reserved Div. 6. Handbill Distribution Div. 7. Dance Halls Div. 8. Off-Premises Canvassing in the Ybor City Historic District Div. 9. Immobilization of Vehicles on Private Property Div. 10. Shopping Carts Div. 11. Pain Management Clinics Div. 12. Newspaper Street Sales Allowed Cable Communications Art. I. In General Art. II. Grant of Authority Art. III. Franchise Conditions Art. IV. Subscriber Fees and Records Art. V. System Operations Art. VI. Reserved Cemeteries Code Enforcement Elections Fire Prevention and Protection Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc. 707 xii

47 TABLE OF CONTENTS Cont d. Chapter Page Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Generally Div. 2. Action Authorized to Mitigate Violations Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Human Rights Art. I. In General Art. II. Employment Discrimination Div. 1. Generally Div. 2. Unlawful Practices; Exemptions Div. 3. Enforcement Art. III. Discrimination in Public Accommodations Art. IV. Discrimination in Housing Div. 1. Generally Div. 2. Unlawful Practices Div. 3. Exemptions Div. 4. Enforcement Art. V. Domestic Partnership Registry Art. VI. Criminal History Screening Practices Landscaping, Tree Removal and Site Clearing Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc. 843 Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Action Authorized to Mitigate Violations Div. 2. Appeals Div. 3. Board Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Div. 3. Specific Technical Requirements Offenses Art. I. In General Art. II. Miscellaneous Offenses Div. 1. Generally Div. 2. Streets and Sidewalks; Property; Reports Div. 3. Drugs Div. 4. Prostitution Div. 5. Nudity xiii

48 TAMPA CODE Chapter Page Div. 6. Weapons Div. 7. Habitual Violators Div. 8. Cruising Control Regulations Div. 9. Adult Use Entertainer Distance Separation Requirement Div. 10. Alcoholic Beverages Art. III. Noise Art. IV. Animals Art. V. Boats, Docks and Waterways Art. VI. Pollution of Navigable Waters Art. VII. Alarm Systems Div. 1. Generally Div. 2. Burglar/Robbery Alarm Systems Art. VIII. Public Nuisance Abatement Board Art. IX. Simulated Gambling Devices Parking Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Fee Authority and Types Art. II. Regulations; Permits; Penalties Div. 1. General Parking Regulations Div. 2. Parking Meter Regulations Div. 3. Permits, Permit Regulations Div. 4. Penalties Parks and Recreation Art. I. In General Art. II. Permits and Use Regulations Art. III. Facilities and Activities Art. IV. City Marinas, Mooring Fields, and Jurisdictional Waters Art. V. Tree Trust Fund Art. VI. Dedicated Parks Art. VII. Landscape Area Trust Fund Art. VIII. Definitions Pensions Art. I. In General Art. II. Firemen and Policemen Affordable Housing, Sustainability, and Concurrency Management System Art. I. Affordable Housing Advisory Committee Art. II. Reserved Art. III. Tampa Comprehensive Plan and Concurrency Management System Art. IV. Reserved Art. V. Reserved Art. VI. Concurrency Management Procedures Div. 1. Reserved xiv

49 TABLE OF CONTENTS Cont d. Chapter Page Div. 2. Reserved Div. 3. Reserved Div. 4. Reserved Div. 5. Concurrency Management Procedures Manual Div. 6. Reserved Art. VII. The City of Tampa Sustainability Ordinance Police Art. I. In General Art. II. Fee Authority and Types Property Maintenance and Structural Standards Art. I. In General Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Inspections Div. 3. Property Maintenance Regulations Div. 4. Animals Div. 5. Reserved Div. 6. Reserved Div. 7. Reserved Div. 8. Foreclosure Registry Art. II. Notices; Appeals; Boards Div. 1. Notices Div. 2. Appeals Div. 3. Boards Art. III. Technical Provisions Div. 1. Authority to Establish Technical Standards Div. 2. Specific Technical Requirements Public Improvements Reserved Stormwater Management Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Generally Div. 2. Action Authorized to Mitigate Violations Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Art. IV. Creation of Stormwater Utility, Imposition and Collection of Stormwater Charges Div. 1. Creation of Stormwater Utility xv

50 TAMPA CODE Chapter Page Div. 2. Imposition of Stormwater Charges Div. 3. Procedures for Adoption and Collection of Stormwater Charges Div. 4. Issuance of Obligations Art. V. Regulation of the Use and Sale of Fertilizers Containing Nitrogen and/or Phosphorus Streets and Sidewalks Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc Div. 3. Fee Authority and Types; Permits; Inspections Subdiv. I. Generally Subdiv. II. Bridges Subdiv. III. Sidewalks Subdiv. IV. Benches Displaying Advertising Subdiv. V. News Racks Subdiv. VI. Temporary Structures Subdiv. VII. Moving Buildings Subdiv. VIII. Trash Receptacles Subdiv. IX. Sidewalk Cafes Subdiv. X. Guardhouses and Gates Subdiv. XI. Banners Art. II. Sanctions; Appeals; Boards Div. 1. Generally Div. 2. Action Authorized to Mitigate Violations Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Adoption of Standards by Reference Div. 3. Specific Technical Requirements Art. IV. Communications Rights-of-Way Usage Div. 1. General Provisions Div. 2. Registration Div. 3. Requirements for the Occupation of Public Rights-of-Way Div. 4. Insurance and Indemnification Reserved Supplemental Enforcement Procedures Taxation Art. I. In General Art. II. Electricity, Metered and Bottled Gas, Water and Communications Services Div. 1. Electricity, Metered and Bottled Gas and Water Service Div. 2. Communications Services xvi

51 TABLE OF CONTENTS Cont d. Chapter Page Art. III. Excise Tax on Property and Casualty Insurers 1585 Art. IV. Fuel Oil Art. V. Business Tax Art. VI. Additional Homestead Exemption for Persons Sixty-Five and Older Transportation Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority; Definitions Div. 2. Certificates; Documents; Requirements; Etc Div. 3. Fee Authority and Types; Permits; Inspections Art. II. Sanctions; Appeals; Boards Div. 1. Action Authorized to Mitigate Violations Div. 2. Penalties Art. III. Technical Provisions Div. 1. Authority to Establish/Publish Technical Standards Div. 2. Transportation Impact Analysis and Mitigation Div. 3. Specific Technical Requirements Utilities Art. I. Administrative Provisions Div. 1. General Provisions; Administrative Authority Div. 2. Applications, Deposits and Payments Div. 3. Violations Art. II. Water Art. III. Wastewater Department Art. IV. Solid Waste Art. V. Recyclable and Recovered Materials Art. VI. Reclaimed Water Art. VII. Grease Management Art. VIII. Franchises for Commercial Solid Waste Collection Services Equal Business Opportunity Program Art. I. In General Art. II. Small Local Business Enterprise Program Div. 1. In General Div. 2. Small Local Business Enterprise Outreach and Sheltered Markets Div. 3. Small Local Business Enterprise Participation in General Bidding and Procurement Div. 4. Requirements of Bidders and Contractors Div. 5. Non-Compliance Div. 6. Appeals xvii

52 TAMPA CODE Chapter Page Art. III. Women and Minority Business Enterprise Program Div. 1. In General Div. 2. Objective and Goals Div. 3. Requirements of Bidders and Contractors Zoning and Land Development Art. I. General Provisions Div. 1. In General Div. 2. Land Development Code and Applicability Div. 3. Consistency Matrix and Zoning Atlas Div. 4. Definitions Art. II. Administration and General Procedures Div. 1. Establishment of Administrative Officer, Duties, and Procedures Div. 2. Development Review and Compliance Procedures Subdiv. 1. Development Review and Compliance Procedures for General Development Subdiv. 2. Development Review and Compliance Procedures Related to Historic Preservation Div. 3. Variance Review Board Procedures (Non- Historic District) Div. 4. Historic District Design Review; Certificate of Appropriateness; Variance Procedures Subdiv. 1. Barrio Latino Commission (Ybor City Historic District) Subdiv. 2. Architectural Review Commission (Other Locally Designated Historic Districts) Div. 5. Special Use Permits Procedures Div. 6. Site Plan Zoning District Procedures Div. 7. Amendments Div. 8. Subdivision Procedures Subdiv. 1. Administrative Provisions Subdiv General Provisions; Administrative Authority; Definitions Subdiv Certificates; Documents; Requirements; Etc Subdiv Fee Authority and Types; Permits; Inspections Subdiv. 2. Sanctions; Appeals; Boards Subdiv Generally Subdiv Action Authorized to Mitigate Violations Subdiv. 3. Technical Provisions Subdiv Authority to Establish/Publish Technical Standards xviii

53 TABLE OF CONTENTS Cont d. Chapter Page Subdiv Adoption of Standards by Reference Subdiv Specific Technical Requirements Art. III. Establishment of Zoning Districts and District Regulations Div. 1. General Zoning Districts Div. 2. Special Districts Subdiv. 1. Municipal Airport (M-AP) Districts Subdiv. 2. Ybor City (YC) Districts Subdiv. 3. Central Business District (CBD) Districts Subdiv. 4. Channel District (CD) Districts Subdiv. 5. Greater Seminole Heights (SH) District Div. 3. Site Plan Zoning Districts Art. IV. Overlay Districts Div. 1. Intent and District Types Div. 2. Specific Overlay Districts Art. V. Historic Preservation Div. 1. Generally Div. 2. Citizens Advisory Committee for El Centro Espanol de Ybor Div. 3. City of Tampa Preservation Board Div. 4. Design Standards Established Art. VI. Supplemental Regulations Div. 1. Applicability and Effect Div. 2. Regulations for Specified Uses Div. 3. Access, Parking and Loading Div. 4. Natural Resources: Buffers, General Tree Planting and Landscaping, Wetlands and Upland Habitat Subdiv. 1. Buffers and Screening Subdiv. 2. General Tree Planting and Landscaping Subdiv. 3. Wetlands Subdiv. 4. Upland Habitat Protection Div. 5. Solid Waste Div. 6. Signs Div. 7. Miscellaneous Standards Art. VII. Nonconformities Art. VIII. Development of Regional Impact Art. IX. Alcoholic Beverages Art. X. Legal Status and Enforcement Div. 1. Enforcement Div. 2. Legal Status Special Events Art. I. Administrative Provisions; Definitions; Exemptions xix

54 TAMPA CODE Chapter Page Art. II. Special Event Permitting Art. III. City Sponsorship of Special Events Art. IV. Appeals; Petition for Administrative Hearing de Novo; Fee Authority; Revocation of Special Event Permit After Issuance; Amplified Sound 2320 Code Comparative Table 1971 Code Code Comparative Table State Law Reference Table Code Index xx

55 Chapter 15 PARKING* Article I. Administrative Provisions Division 1. General Provisions; Administrative Authority; Definitions Sec Title. Sec Applicability. Sec Definitions. Sec Administrative authority. Sec Installation of parking meters; duty of director to maintain; operation. Sec Parking meter zones. Sec Marking of parking spaces. Secs Reserved. Division 2. Fee Authority and Types Sec Fees City council to establish. Sec Same Types enumerated. Secs Reserved. Article II. Regulations; Permits; Penalties Division 1. General Parking Regulations Sec Parking in city lots, garages, public streets and other property. Sec Parking within designated spaces. Sec Parking in front of residences or public or private driveways. Sec Ten feet of roadway to remain open for vehicular traffic. Sec Vehicles other than taxicabs, buses, etc., parking in designated stands. Sec Trucks occupying more than one parking space. Sec Parking trucks over eighty inches wide on certain streets prohibited. Sec Freight, loading and unloading spaces restricted. Sec Parking vehicles on street for purposes of sale. Sec Parking vehicles for primary purpose of vending, displaying or advertising goods, services or place of business. Sec Parking on city right-of-way. Sec Parking vehicles with altered or expired license tags. Sec Parking on housing authority properties. Sec Illegal use of license plates, exemption parking permits, or temporary exemption parking permits issued to persons with disabilities. Sec Continuous parking in non-metered parking spaces. Sec Charging station parking. Secs Reserved. *Cross references Ordinances prescribing parking prohibitions, parking limitations or loading zones saved from repeal, 1-12(5); police, Ch. 18; vehicle parking in parks, 16-5; streets and sidewalks, Ch. 22; transportation, Ch. 25; regulation of parking on parade routes, 25-10; bicycle parking, ; off-street parking and loading, et seq. State law references Stopping, standing or parking prohibited in specified places, F.S ; additional parking regulations, F.S

56 TAMPA CODE Division 2. Parking Meter Regulations Sec Hours of operation for parking meters. Sec Duty of operators of vehicles to actuate the parking meter; parking beyond time fixed for such vehicle. Sec Depositing slugs, etc., in meters. Sec Defacing or injuring meters. Sec Taxicabs, buses, etc., parking in parking meter areas. Secs Reserved. Division 3. Permits, Permit Regulations Sec Special parking permits. Sec Business parking permits and decals. Sec Reservation of parking meter spaces and removal of parking meters, posts or parking signs. Sec Residential parking permit only area. Sec Denial, honoring and revocation of permits. Secs Reserved. Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Division 4. Penalties Penalties for parking violations; ticket cancellation privileges. Vehicles parked in violation of regulations deemed nuisance. Contesting a violation. Court action for failure to pay. Penalties for failure to appear or to pay fines as directed by the court. Immobilization or impoundment of vehicles. Removal of immobilizing device unlawful. Establishment of post-immobilization/impoundment hearings. Release of immobilized or impounded vehicle. Disposition of unrecovered impounded vehicles. 986

57 PARKING (2) Late payments of fees for monthly parking in a city owned or operated parking facility or property; (3) Special parking permits; (4) Business parking permits; (5) Residential parking permits; (6) Guest residential parking permits; (7) Replacement of special parking permits, business parking permits residential parking permits and guest residential parking permits; (8) Adjustments to special parking permits, business parking permits, residential parking permits and guest residential parking permits and such as adjustments required by vehicle tag number changes; (9) Granted requests to reserve parking meter spaces or to remove parking meters or parking signs and reinstallation thereof; (10) Immobilization and impoundment of vehicles as provided for in this chapter; (11) Shuttle service to and from city-owned or -operated parking facility or property. (Ord. No , 2(39-22), ; Ord. No , 1, ; Ord. No , 2, ) Secs Reserved. ARTICLE II. REGULATIONS; PERMITS; PENALTIES DIVISION 1. GENERAL PARKING REGULATIONS Sec Parking in city lots, garages, public streets and other property. (a) Any vehicle stopped, standing or parked in a single parking space on any city owned or operated parking lot, garage, public street or other property shall be parked within the lines marked for such single parking space. It is unlawful to stop, stand or park any vehicle across any such line or mark or to park such vehicle in any such way that the same shall not be within the area so designated by such lines or markings for that single parking space. (b) It is unlawful for any person to remove a vehicle from any city owned or operated parking lot, garage, public street or other property after the person shall have parked thereon without first making payment of authorized legal tender by manual or electronic means or for any person to make any attempt thereof to defraud the city. (c) It is unlawful to fraudulently alter, duplicate, damage, destroy, throw away or copy any control card, spitter ticket, permit, tag, decal or receipt used for parking control issued by the parking division or to make any attempt thereof to defraud the city. (d) It is unlawful to deposit or cause to be deposited in any meter, pay station, other electronic device, mechanical equipment or change maker or coin receptacle on any city owned or operated parking lot, garage, public street, or other property any slug, device, metallic or other substitute for a coin of the United States of America or to make any attempt thereof to defraud the city. (e) It is unlawful and an offense for any person to deface, injure, tamper with, open, willfully break, destroy or impair the usefulness of any equipment installed on any city owned or operated parking lot, garage, public street or other property or to make any attempt thereof. (f) It is unlawful for the operator of a vehicle to stop, park or leave standing a vehicle on a city owned or operated parking lot, garage, public street or other property, using pay stations, other electronic devices, mechanical equipment, meters or gates for revenue control, for a period longer than twenty-four (24) hours without first making arrangements in advance with the parking division. (g) No vehicle shall enter into a parking garage which exceeds the height restriction posted on the clearance bar at the entrance of each garage. 989

58 15-41 TAMPA CODE (h) It is unlawful for an operator of a vehicle to stop, stand or park such vehicle in a space not designated or designed for its size. Standard cars are considered to be vehicles Class 9 or larger, as defined in accordance with the current domestic and imported passenger car size classification. (i) It is unlawful to stop, stand or park in city owned or operated parking lots, garages or other properties that are reserved for monthly parking without properly displaying appropriate documentation of payment for parking privileges for the current period (hangtag, decal, etc.). (Ord. No , 2(39-35), ; Ord. No , 1, 2, ; Ord. No , 2, ; Ord. No , 4, ) Editor s note Ord. No , 2, adopted May 7, 2009, changed the title of from "Parking in city lots, garages and other property" to read as herein set out. Sec Parking within designated spaces. Any vehicle stopped, standing or parked in or alongside a parking space as designated pursuant to this chapter shall park within the lines or markings designating such parking space. It is unlawful to park any vehicle in any such way that the same shall not be within the area so designated by such lines, markings, or sign post that corresponds with the parking space. The front bumper of the vehicle must be even with the lines, markings, or sign post that corresponds with the parking space or in close proximity thereto without parking beyond the established post or sign. (Ord. No , 2(39-36), ; Ord. No , 5, ; Ord. No , 1, ) Sec Parking in front of residences or public or private driveways. (a) It is unlawful for any person to stop, stand, or park a vehicle, whether occupied or not, for more than five (5) minutes on the street, or on the public right-of-way adjacent to the street, directly in front of or immediately adjacent to the front entrance to any single-family detached dwelling, as defined in section , without the expressed or implied consent of the owner or occupant of such dwelling. For purposes of this section, the term "right-ofway" shall be defined as that area between the paved surface of any public street intended or designed for vehicular traffic and the property line of the abutting real property. In order for this provision to apply, the owner or occupant shall give notice of the restriction by erecting an official sign, of their own making or purchased, which complies with the department of public works, transportation division specifications for such signs. The sign shall be fabricated from a durable weather-resistant material. The sign shall be placed and centered directly in front of the entrance to the dwelling on or slightly behind the property line, parallel to and facing the street. The sign shall designate and protect one (1) parking space twenty-two (22) feet in length along the front of the property directly in front of and eleven (11) feet to either side of the sign. (b) All taxicabs, buses and motor vehicles for hire are prohibited from stopping, standing or parking at any time in front of any residence without permission from the owner or the occupant of such residence. (c) It is unlawful for any person to stop, stand or park a vehicle, whether occupied or not, within ten (10) feet from the edge of a public or private driveway except in metered spaces or otherwise marked spaces available for parking or to momentarily pick up or discharge a passenger. (d) It is unlawful for any person to stop, stand or park a vehicle across the street from a driveway if the street width is twenty-five (25) feet or less except in metered spaces or otherwise marked spaces available for parking or to momentarily pick up or discharge a passenger. (Ord. No , 2(39-37), ; Ord. No , 1, ; Ord. No , 2, ) Cross reference Standing or parking vehicle across from or within ten feet of driveway, Sec Ten feet of roadway to remain open for vehicular traffic. It is unlawful for any operator to stop, stand or park any vehicle upon a street, in a traffic lane, any alley or other city owned or operated property 990

59 PARKING in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the traffic lane or roadway for free movement of vehicular traffic, except that an operator may stop only during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations or traffic signs or signals or a police officer. (Ord. No , 2(39-38), ) Sec Vehicles other than taxicabs, buses, etc., parking in designated stands. It is unlawful for the operator of any vehicle other than a bus, taxicab or for-hire automobile to stop, stand or park in an officially designated bus, taxicab or for-hire automobile stand, except that the operator of any passenger vehicle may temporarily stop in any such stop or stand for the purpose of and while actually engaged in the loading or unloading of passengers. (Ord. No , 2(39-39), ) Sec Trucks occupying more than one parking space. No truck, tractor truck or trailer shall occupy more than one (1) parking space where designated, except while loading or unloading and while all meters used have been properly activated and/or when proper parking permits have been obtained and except in cases of emergency. (Ord. No , 2(39-40), ) Sec Parking trucks over eighty inches wide on certain streets prohibited. No truck or tractor and truck of eighty (80) inches or more in overall width shall be parked on any of the streets of the city designated by Chapter 27 of this Code as a residential district. (Ord. No , 2(39-41), ) Sec Freight, loading and unloading spaces restricted. (a) Spaces designated "freight zone, freight trucks only" shall be restricted to freight trucks and other vehicles properly marked and identified and while actually engaged in the loading and unloading of materials or in cases of emergency. (b) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight zone. During the hours when the provisions applicable to such zones are in effect, in no case shall the stop for loading and unloading exceed one (1) hour. (c) This section is applicable only to commercial vehicles which must be identified by permanent or removable markings on both sides of the exterior of the vehicle, in letters not less than three (3) inches high, of the name of the company operating such vehicle. (d) Spaces designated "load and unload" are restricted to the maximum time indicated on the sign or timing mechanism device while any vehicle is actually engaged in loading and unloading. It is unlawful for any person to permit a vehicle to remain in any space for longer than the designated time. For any continuous parking in the same space, a violation will be deemed to have occurred for each interval of time designated that the vehicle remains in that space. (e) For the purpose of this section, a "timing mechanism device" is a parking device which does not accept coinage and displays a signal for the amount of parking time allotted. Such device is actuated by the turning of a handle. (Ord. No , 2(39-42), ) Sec Parking vehicles on street for purposes of sale. It is unlawful for any person to park any vehicle displayed for sale upon any city owned or operated lot, garage or other property or street. (Ord. No , 2(39-43), ) Sec Parking vehicles for primary purpose of vending, displaying or advertising goods, services or place of business. It is unlawful for any person to stop, stand or park on any street or city owned or operated 991

60 15-50 TAMPA CODE parking lot, garage or other property, any vehicle for the purpose of vending, displaying or advertising goods, services or any place of business. (Ord. No , 2(39-44), ; Ord. No , 1, ) Sec Parking on city right-of-way. It is unlawful to park in the right-of-way except in designated parking spaces or parking lanes. For the purposes of this section, the term "rightof-way" shall have the definition provided in the city subdivision chapter. (Ord. No , 2(39-45), ) Sec Parking vehicles with altered or expired license tags. It is unlawful for any vehicle to be stopped, standing or parked in any city owned or operated parking space, parking lot or other parking facility or property if such vehicle is not licensed in accordance with the laws of the state, if it displays a license tag that is expired or altered such that a person cannot reasonably discern the complete license tag number or if it does not display a valid license tag. (Ord. No , 2(39-46), ) Sec Parking on housing authority properties. (a) It is unlawful for a person to stand or park a vehicle on either side of any public street in or abutting the following Tampa Housing Authority properties without a valid, properly displayed resident parking permit or three-day visitor parking permit issued for that particular property: Property Azeele Apartments Mary Bethune Hi-Rise Address of Property 2801 Azeele Street Tampa, Florida Union Street Tampa, Florida Plantation Apartments 212 South Howard Street Tampa, Florida St. Louis/St. Conrad 2310 St. Louis Street Tampa, Florida Property Azzarelli Address of Property 5038 Temple Heights Tampa, Florida Scruggs Manor North 22nd Street Tampa, Florida Bay Ceia Cutlass Arms 3422 South MacDill 3424 South MacDill 3411 South Carter Tampa, Florida South Trask Tampa, Florida C. Blythe Andrews 2201 East Osborne Tampa, Florida Central Park Village Giddens Apartments Seminole Park Moses White Estates North Boulevard Homes Rembrandt Homes Riverview Terrace Tom Dyer Homes College Hill Homes J.L. Young Apartments Parkview Apartments Squire Villa 100 India Street Tampa, Florida Muskogee Court Tampa, Florida Muskogee Court Tampa, Florida Muskogee Court Tampa, Florida West Main Street Tampa, Florida Monet Court Tampa, Florida East Broad Street Tampa, Florida North Dixon Street Tampa, Florida East Lake Avenue Tampa, Florida North Florida Avenue Tampa, Florida West Sligh Avenue Tampa, Florida North Rome Avenue Tampa, Florida

61 PARKING Property Ponce De Leon Robles Park Village Address of Property th Avenue Tampa, Florida North Central Avenue Tampa, Florida (b) Resident parking permits and three-day visitor parking permits shall be issued by the Tampa Housing Authority, form to be approved by the Tampa Police Department, and shall be valid only for parking in the Tampa Housing Authority property for which they were issued. (c) A resident parking permit must be conspicuously affixed to the inside upper left corner of the back window of the motor vehicle. A three-day visitor parking permit must be conspicuously displayed on the inside of the front window of the motor vehicle. A three-day visitor parking permit will be valid only for the vehicle for which it is issued. (Ord. No , 2, ) Sec Illegal use of license plates, exemption parking permits, or temporary exemption parking permits issued to persons with disabilities. (a) It is unlawful for any person to unlawfully use a license plate, an exemption parking permit, or a temporary exemption parking permit issued to persons with disabilities. As used herein, "unlawful use" of a license plate, exemption parking permit, or a temporary exemption parking permit issued to persons with disabilities means the use or display of such license plate, exemption parking permit, or temporary exemption parking permit by an operator or other person in charge of a motor vehicle other than by the person to whom it was duly issued; provided, that, a person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit or a special license plate, momentary parking in any "parking by disabled permit only" public or private parking spaces, for the purpose of loading or unloading such disabled person. No penalty shall be imposed upon the driver for such momentary parking. (b) When investigating the possibility of a violation of this section, a law enforcement officer or a parking enforcement specialist has the right to demand to be shown the vehicle registration, driver's license, or any state or other forms of identification of the operator or other person in charge of the motor vehicle or of the person eligible for such license plate, exemption permit, or temporary exemption parking permit. If such request is refused, the person refusing shall be issued a citation for a violation of this subsection. That person shall not be found guilty of violating this subsection if, prior to or at time of his court or hearing appearance, he produces in court or to the clerk of the court in which the charge is pending a vehicle registration, driver's license, or any state or other forms of identification which confirms that he is the same person to whom was issued the license plate, exemption parking permit, or temporary exemption parking permit used or displayed at the time of citation or that he is eligible for such license plate, exemption permit, or temporary exemption parking permit. (c) A law enforcement officer or a parking enforcement specialist has the right to confiscate a license plate, an exemption parking permit, or a temporary exemption parking permit issued to persons with disabilities when, based upon personal investigation, the officer or specialist has reasonable cause to believe that there is a violation of this section. If the operator or other person in charge of the motor vehicle fails or refuses to surrender the license plate, exemption parking permit, or temporary exemption permit, that person shall be issued a citation for a violation of this subsection. (Ord. No , 1, ) Sec Continuous parking in non-metered parking spaces. (a) It is unlawful for any person to permit a vehicle to remain in any parking space in violation of sections 15-41, 15-42, 15-43, 15-44, 15-45, 15-46, 15-47, 15-48, 15-49, 15-50, 15-51, 15-52, and of this chapter. 993

62 15-55 TAMPA CODE (b) It is unlawful for any person to permit a vehicle to remain in any parking space for more than (2) hours after a citation has been issued for violation of subsection (a) of this section. (c) For any continuous parking in the same parking space, no more than one (1) offense under subsection (a) of this section and one (1) offense under subsection (b) of this section shall be deemed to have occurred on any one (1) date. In the case of any continuous parking in violation of subsection (a) or subsection (b) hereof covering parts of two (2) or more dates, one (1) offense under subsection (b) shall be deemed to have occurred on each of such dates. (Ord. No , 2, ) Sec Charging station parking. No person shall park any vehicle in any parking space located in any city owned or operated parking garage or parking lot which is clearly marked as being reserved for the use of an electric vehicle charging station located within said parking garage or lot, unless such vehicle is actually using the electric vehicle charging station. (Ord. No , 6, ) Secs Reserved. DIVISION 2. PARKING METER REGULATIONS Sec Hours of operation for parking meters. It is unlawful to park in a parking meter zone without complying with the provisions of this chapter during the hours of operation for use of metered parking in said parking meter zone. The hours of operation for use of metered parking in parking meter zones shall be as follows: (1) 7:00 a.m. to 6:00 p.m., Monday through Sunday, for all metered parking located in beach, park and recreation areas; (2) 8:00 a.m. to midnight, Monday through Sunday, for all metered parking located in the area bound by the Garrison Channel to the south, by and including Whiting Street to the north, by and including Ashley Street to the west, and by and including Meridian Avenue to the east; (3) 8:00 a.m. to 8:00 p.m., Monday through Saturday, and 1:00 p.m. to 8:00 p.m. Sunday, for all metered parking located in the area bound by and excluding Whiting Street to the south, by and including Kennedy Boulevard to the north, by and including Ashley Street to the west, and by and including Nebraska Avenue to the east; (4) Monday through Saturday, from 8:00 a.m. to 3:00 a.m. of the following day, for all metered parking located in Ybor City in the area bound, for purposes of this subsection, by and excluding Palm Avenue on the north, by and excluding 21st Street on the east, by and excluding 6th Avenue on the south, and by and excluding 12th Street on the West; (5) 8:00 a.m. to 6:00 p.m., Monday through Friday, for all other metered parking in the city. (Ord. No , 2(39-50), ; Ord. No , 2, ; Ord. No , 1, ; Ord. No , 1 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 8, ) Sec Duty of operators of vehicles to actuate the parking meter; parking beyond time fixed for such vehicle. (a) When any vehicle shall be parked in any time regulated parking space as designated pursuant to this chapter, where controlled by a parking meter, the owner or operator of such vehicle shall, upon entering the parking space, immediately actuate the parking meter. The parking meter may be actuated by manual or electronic means and/or by payment of authorized legal tender, and the parking space may then be used by such vehicle during the parking time limit prescribed by the director for that part of the street in which such parking is located or by state law. If the vehicle shall remain parked in any such parking space beyond the parking limit 994

63 PARKING allowed, the parking meter, except for a pay station, shall display a sign showing illegal parking and, in that event, such vehicle shall be considered as parked overtime. (b) It is unlawful for any person to permit a vehicle to remain or be placed in any parking space when the parking meter indicates or displays a signal showing that such vehicle is parked overtime or when the pay station receipt indicates that parking time limits have expired. (c) It is unlawful for any person to permit a vehicle to remain in any parking space for more than two (2) hours after a citation has been issued for violation of subsection (b) of this section. (d) For any continuous parking in the same parking space, no more than one (1) offense under subsection (b) of this section and one (1) offense under subsection (c) of this section shall be deemed to have occurred on any one (1) date. In the case of any continuous parking in violation of subsection (b) or subsection (c) hereof covering parts of two (2) or more dates, one (1) offense under subsection (b) and one (1) offense under subsection (c) shall be deemed to have occurred on each of such dates. (e) When signs are erected giving notice of time limits, no person shall park a vehicle in any parking meter space and/or zone for a continuous period of time longer than that period of time designated by such signs. In order to enforce this provision no person shall roll the tires of a vehicle or attempt to remove the markings made by a parking enforcement specialist prior to removing the vehicle from the parking space. (Ord. No , 2(39-51), ; Ord. No , 1, 3, ; Ord. No , 1, 3, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 9, ; Ord. No , 2, ) Sec Depositing slugs, etc., in meters. It is unlawful to deposit or cause to be deposited in any parking meter any slug, device, metallic or other substitute for a coin of the United States of America or to make any attempt thereof to defraud the city. (Ord. No , 2(39-52), ) Sec Defacing or injuring meters. It is unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the terms of this chapter or to attach to any meter or post any type of object or thing which may cause damage, concern or safety hazards. (Ord. No , 2(39-53), ) Cross reference Damage to city property, Sec Taxicabs, buses, etc., parking in parking meter areas. All taxicabs, buses and motor vehicles for hire are hereby prohibited from parking at any place upon city owned or operated streets, lots, garages or other property known as "parking meter spaces" and at any place in those areas in which parking is restricted as to the length of time for such parking, except between the hours of 10:00 p.m. and 7:00 a.m. (Ord. No , 2(39-54), ) Secs Reserved. DIVISION 3. PERMITS, PERMIT REGULATIONS Sec Special parking permits. (a) The director may grant and issue, renew, deny or revoke special parking permits that, when properly displayed, will allow parking in a parking meter space without the requirement to make payment in the meter. Fees shall be assessed for a special parking permit. Requests for special parking permits shall be made in writing to the parking division. (b) Special parking permits may be issued for the following: (1) Vehicles owned or leased by federal, state, county or city agencies while on official agency business and engaged in routine delivery services, repair, maintenance and/or inspectional work activities within the city limits; (2) Vehicles owned or leased by public utility companies who are actually engaged in 995

64 TAMPA CODE the emergency repair of existing public utilities within the city limits. Such vehicles must be identified by permanent or removable markings on both sides of the exterior of the vehicle, in letters not less than three (3) inches high, of the name of the company operating the vehicles. A copy of the vehicle registration verifying company ownership or a copy of the "lease back employee agreement option" identifying such vehicle for company business must be submitted with the written request for such permit. (c) Permits issued to federal, state, county and city vehicles may be issued for one (1) calendar year. All other permits will be issued for a maximum of six (6) months and will be subject to a close evaluation of need and usage in accordance with policies and procedures developed by the director. (d) The director may grant and issue, renew, deny or revoke business parking permits or decals to regulate, control or allow parking at a city owned or operated parking facility, property or parking meter space. Fees shall be assessed for a business parking permit or decal. Requests for business parking permits and decals shall be made in writing to the parking division. (e) The permits or decals provided for in this section may be used at any parking meter space in the downtown of the city and/or Ybor City area for the specific hours, days and dates authorized. (f) The permit is to be renewed every three (3) months on the city quarterly schedule (January, April, July and October). The renewal request must be submitted fifteen (15) days prior to the expiration date on the permit. (Ord. No , 2(39-65), ; Ord. No , 1, ; Ord. No , 10, ) Sec Business parking permits and decals. (a) The director may grant and issue, renew, deny or revoke business parking permits or decals to regulate, control or allow parking at a city owned or operated parking facility, property or parking meter space. Fees shall be assessed for a business parking permit or decal. Requests for business parking permits and decals shall be made in writing to the parking division. (b) The permits or decals provided for in this section may be used at any parking meter space in the downtown of the city and/or Ybor City area for the specific hours, days and dates authorized. (c) The permit is to be renewed every three (3) months on the city quarterly schedule (January, April, July and October). The renewal request must be submitted fifteen (15) days prior to the expiration date on the permit. (Ord. No , 2(39-66), ; Ord. No , 11, ) Sec Reservation of parking meter spaces and removal of parking meters, posts or parking signs. (a) The director may grant or deny requests to temporarily reserve a parking meter space or remove a parking meter, post or parking sign. Fees shall be assessed for reserved parking meter spaces and removed parking meters, posts and parking signs, except that the fees may be waived for the purpose of creating a loading and unloading space, cab space, freight space, bus space, and parking space designated for city, county, state and federal officials. Requests shall be made to the parking division. (b) A request to reserve a parking meter space may be granted for a vehicle including: (1) A truck or van which is actively engaged in the transportation of an excess amount of construction material, equipment, office furniture or money. The majority of the truck's cargo must be loaded or unloaded from the truck or van to a work area or building which is no more than two hundred (200) feet from the reserved parking meter space. (2) A vehicle used for or on official city business. 996

65 PARKING (c) A request to remove a parking meter, post or parking sign may be granted for circumstances including when construction in the immediate area may cause damage to the parking meter, post or parking sign. (d) The director may revoke any grant to temporarily reserve a parking meter space or to remove a parking meter, post or parking sign if the use of such grant violates, or conflicts with, any provision of this chapter. (Ord. No , 2(39-67), ; Ord. No , 4, ; Ord. No , 12, ) Sec Residential parking permit only area. (a) Application. (1) A residential parking permit shall be issued to resident or business of a residential parking permit only area upon meeting the following requirements: a. Proof of residency in a single-family or multifamily dwelling within the residential parking permit only area; or b. Proof of operation of a business within the residential parking permit only area. (2) If a resident provides proof of residency within a residential parking permit only area, then a resident shall be entitled to the following: a. A minimum of one (1) residential parking permit per residence issued at no charge. b. If a residence does not contain any off-street parking, then a minimum of two (2) residential parking permits issued at no charge. c. Residents may purchase a third residential parking permit if needed. (3) If a business provides proof of operation within a residential parking permit only area, then a business shall be entitled to the following: a. A minimum of four (4) residential parking permits per business issued at no charge which are valid from 4:00 a.m. to 9:00 p.m. During said hours the business' employees and their customers may park at designated spaces. b. The residential parking permits may be used interchangeably between the business' employees and their customers. (4) Guest residential parking permits may be requested from the parking division on an as-needed basis and are entitled to the following: a. A maximum one (1) guest residential parking permit per residence issued at no charge. b. Additional twenty-four-hour guest residential parking permits may purchased from the parking division. c. Additional seven (7) day guest residential parking permits may purchased from the parking division. (5) Permits shall be effective for six (6) months from date of issuance and must be renewed for each subsequent six-month period. (6) Unless city signs clearly indicate to the contrary, a vehicle parked in a designated residential parking permit only area which has a valid residential parking permit for that residential parking permit only area affixed to the vehicle in accordance with the regulations of the residential parking permit only system shall not be in violation for overtime parking by virtue of parking for a period of time in excess of those allowed. (b) The following residential parking permit only areas and their boundaries are hereby established as follows: 6th Avenue by the North; Adamo Drive by the South; Nick Nuccio Parkway and North 13th Street by the West; North 21st Street to the East; 997

66 TAMPA CODE From 3rd Avenue up to 6th Avenue, between 15th Street and 21st Street; The 100 and 200 block[s] of North 12th Street; The 100 and 200 block[s] of South 12th Street; In the area of Kennedy Boulevard by the North, but excluding Kennedy Boulevard; In the area of Swann Avenue by the South, but excluding Swann Avenue; In the area of Armenia Avenue to the West, but excluding Armenia Avenue; Fremont Avenue to the East; The 100 block of South Packwood Avenue; N. 19th Street, between E. 12th Avenue and E. Palm Avenue; N. 20th Street, between E. 12th Avenue and E. Palm Avenue; E. 11th Avenue, between N. 20th Street and N. 21st Street; E. 12th Avenue, between N. 19th Street and N. 21st Street; The 600 block of South Rome Avenue. When determining a residential parking permit only area, the area shall include both sides of the street, drive or avenue, listed as a boundary unless the area description clearly indicates to the contrary. (Ord. No , 2(39-68), ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 2, ; Ord. No , 1, ) Sec Denial, honoring and revocation of permits. (a) Permits provided for in this division may be denied for the following no exhaustive reasons: (1) The vehicle does not comply with a requirement stated in this chapter; (2) The applicant has failed to appear in court when summoned for a parking violation or failed to pay a fine or charge for a parking violation; (3) As to a special parking permit, the number of stops made each day for loading and unloading and freight purposes are sufficiently low enough to warrant use of spaces specifically prescribed for such use in other sections of this Code. (b) Permits provided for in this division shall not be honored and may be revoked if any of the following non-exhaustive regulations are not observed: (1) The permit must be current and properly displayed on the front dash in front of the driver, by hang tag on the vehicles rearview mirror or displayed on the rear window and be fully visible from the outside of the vehicle. It is unlawful for the operator of a vehicle to improperly display or display an expired or altered permit as authorization to park in a metered space without actuating by making payment of authorized legal tender by manual or electronic means into the parking meter. (2) It is unlawful to display a permit in such a manner that the pertinent information is obscured. (3) It is unlawful to display a permit in a vehicle other than the one for which it was issued. (4) It is unlawful to exceed the parking time limit authorized by the permit. (5) It is unlawful to use or attempt to use such permit for other than its purpose allowed in this chapter. (6) A vehicle displaying a permit must be parked in a legal manner and in a designated parking space. (c) Revocation of a residential parking permit. For any of the following reasons, a residential parking permit may be revoked by the parking division after providing notice to the holder of permit of the reasons for such revocation and providing an opportunity for the pass holder to respond to the parking division: (1) Providing false information when applying for the residential parking permit. 998

67 PARKING (2) If a residential parking permit is affixed to a vehicle for which it was not issued, it may be immediately revoked by order of the parking division. Such revocation immediately voids the permit. (3) If a residential parking permit issued to an individual for a resident vehicle is revoked to this section, then that individual or anyone residing in the same residence with that individual shall not be permitted to apply for a residential parking permit for a two-year period unless good cause can be shown that the act resulting in the revocation was unintentional. (Ord. No , 4, ; Ord. No , 13, ) Secs Reserved. DIVISION 4. PENALTIES Sec Penalties for parking violations; ticket cancellation privileges. (a) Unless otherwise specifically provided in this section, the violation of any provision of this chapter relating to parking shall be punishable by a penalty of twenty-nine dollars ($29.00) if paid to the city within fourteen (14) calendar days of the date of the infraction. (b) A violation of section 15-82, duty of operators of vehicles to actuate the parking meter; parking beyond time fixed for such vehicle, shall be punishable by a penalty of twenty-four dollars ($24.00) if paid to the city within fourteen (14) calendar days of the date of the infraction. A violation of F.S , enforcement of parking requirements for persons who have disabilities, shall be punishable by a penalty of two hundred fifty dollars ($250.00) if paid to the city within fourteen (14) calendar days of the date of the infraction. A violation of F.S (1)(b)2., stopping, standing, or parking prohibited within fifteen (15) feet of a fire hydrant, or F.S (1)(b)5., stopping, standing or parking prohibited within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly signposted), shall be punishable by a penalty of thirty dollars ($30.00) plus a three dollar ($3.00) excess fine. All excess fines collected shall be used by the city for the purpose of funding a firefighter education program. A violation of section 15-54, illegal use of license plates, exemption parking permits, or temporary exemption parking permits issued to person with disabilities or any subsection thereof, shall be punishable by a penalty of two hundred fifty dollars ($250.00) if paid to the city within fourteen (14) calendar days of the date of the infraction. (c) Any penalty provided in this section which is less than twenty-nine dollars ($29.00) shall increase to twenty-nine dollars ($29.00) and any penalty provided in this section which is twentynine dollars ($29.00) shall increase to thirty-nine ($39.00) if not paid to the city without [within] fourteen (14) calendar days of the infraction or result in a fine not to exceed one hundred dollars ($100.00) plus court costs pursuant to F.S (4) should any person fail to satisfy the court's directive or elect to appear before a designated official to contest the parking infraction. (d) The director will establish and maintain a parking ticket cancellation program. All requests for parking ticket cancellation privileges shall be made in writing to the director who shall have the authority to grant, deny or revoke such privileges. This program shall be restricted to unmarked law enforcement vehicles engaged in official business and to vehicles owned or leased by a federal, state, county or city government agency and to private vehicles used on official governmental business. A list shall be maintained for public inspection of those agencies which have been granted cancellation privileges. Other tickets may be cancelled in lieu of court appearance and dismissal by the director when the complainant has a valid complaint. A valid complaint may include but not be limited to an improperly written ticket, a malfunctioning meter or a vehicle which has been sold or stolen and is no longer the property of the registered owner of the license tag affixed to the vehicle when the ticket was written. The burden shall be on the person challenging the validity of the complaint to the satisfaction of the director. The director may reduce a delinquent 999

68 TAMPA CODE ticket to the face amount when, in his best judgment, it would be advantageous to the city or the judicial county court system to so dispose of the ticket in that manner. (e) In addition to the penalties and excess fines provided in this section, a surcharge on parking fines of one dollar ($1.00), or such amount as may hereafter be set by city council resolution, for each violation shall be imposed for the sole purpose of funding school crossing guard programs. (f) In addition, for each citation that results in a court summons to be issued for a violation of any provision of this chapter relating to parking, an administrative fee of four dollars ($4.00) on top of the two dollars ($2.00) currently provided for in Administrative Order No of the Chief Judge of the 13th Judicial Circuit Court, shall be assessed, collected, and retained by the city for administrative cost. No such fee shall be assessed when the case is dismissed or when the person is adjudicated not guilty. (Ord. No , 2(39-80), ; Ord. No , 5, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 3, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , 4, ; Ord. No , 14, ; Ord. No , 3, ) Sec Vehicles parked in violation of regulations deemed nuisance. If any vehicle is found upon a street or highway in violation of any provision of this Code or any ordinances or resolutions of the city or executive orders of the mayor regulating the stopping, standing or parking of vehicles and the identity of the driver cannot be determined, the vehicle is hereby declared a nuisance and the owner or person in whose name such vehicle is registered shall be held responsible for such violation. (Ord. No , 2(39-81), ) Sec Contesting a violation. Any person who wishes to contest the validity of the violation may request a court hearing by submitting a written request for such hearing to the parking division within seven (7) calendar days of the date of the infraction. A copy of the parking violation must be included with the request for a court hearing; however, this requirement may be waived at the discretion of the director. Upon such request, a summons for court appearance will be issued to confirm the time and date of the court hearing. (Ord. No , 2(39-82), ) Sec Court action for failure to pay. If a notice or citation of a parking violation is not satisfied by full payment of the penalty imposed by that notice or citation within a period of fourteen (14) calendar days from the date of issuance of that notice or citation and the citation has not been contested as provided in section , the parking division shall cause to be sent to the registered or titled owner of the motor vehicle to which the notice or citation was affixed a summons for a court appearance. The court hearing will be cancelled if full payment for all violations is received seventy-two (72) hours prior to the court date. (Ord. No , 2(39-83), ) Sec Penalties for failure to appear or to pay fines as directed by the court. (a) If a summoned person fails to appear as directed by the summons, the city police department or the parking division shall and they are hereby authorized to take the following actions: (1) Immobilize, by suitable device, the wheels of a motor vehicle owned by such summoned and/or notified person wherever it may be found on any street or right-ofway in the city and thereby impound such motor vehicle for the city; (2) Remove a motor vehicle owned by such summoned and/or notified person from wherever it may be found on any street or right-of-way in the city to any other location for the purposes of impoundment on behalf of the city; (3) Pursue payment of all fines due by referring the account to a collection agency. 1000

69 PARKING (b) Any person who appears on the date specified in the summons and is found to be guilty of the applicable parking violation and is fined according to the provisions of section , shall pay such fine immediately or within such time as the court may allow. Failure to pay the fine as directed will result in the following actions: (1) Immobilization, by suitable device, of the wheels of a motor vehicle owned by such summoned and/or notified person wherever it may be found on any street or right-of-way in the city, thereby impounding such motor vehicle for the city; (2) Removal of the motor vehicle owned by such summoned and/or notified person from wherever it may be found on any street or right-of-way in the city to any other location for the purposes of impoundment on behalf of the city; (3) Referral of all fines due to a collection agency to further pursue payment. (c) The clerk of the circuit court and the county court, or the parking division shall supply the state department of highway safety and motor vehicles with an electronic data file or a magnet

70

71 Chapter 27 ZONING AND LAND DEVELOPMENT* Article I. General Provisions Division 1. Sec Title. Sec Intent and purpose. Secs Reserved. In General Division 2. Land Development Code and Applicability Sec Establishment of Land Development Code. Sec Area of coverage of chapter. Sec Zoning affects all lands, water, structures, uses and occupancies. Sec Zoning affects height and bulk of buildings, population density, lot coverage, yards and other open spaces, off-street parking and loading and other matters. Sec Certain requirements for one structure or use not to be used to meet requirements for another. Sec Creation of new lots; reduction of lot or yard dimensions below minimum requirements. Sec Action where zoning lot contains two or more district designations. Sec Calculation and rounding. Secs Reserved. Division 3. Consistency Matrix and Zoning Atlas Sec Consistency matrix. Sec Division of city into zoning districts; identification in official zoning atlas. Sec Official zoning atlas Adoption. Sec Same Inset maps. Sec Same Other supplements. Sec District regulations extend to all portions of districts surrounded by boundaries. Sec Rules where there is uncertainty as to boundaries. Sec Official zoning atlas Location. Sec Authentication; recording of nature and dates of amendments. Sec Unauthorized changes prohibited. Sec Final authority. Sec Retention of earlier zoning maps or atlases. Secs Reserved. *Editor s note Ordinance No , 1, 2(Exh. A), adopted November 1, 2012, made comprehensive revisions to chapter 27 to read as herein set out. Formerly, said chapter pertained to zoning and derived from Ord. No adopted August 21, The absence of a history note indicates that the section remains unchanged from this zoning and land development ordinance. See Code 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 , , , , (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 structural standards, Ch. 19; stormwater management, Ch. 21; streets and sidewalks, Ch. 22; transportation, Ch. 25; water, et seq.; sanitary sewers, et seq. State law reference Local Government Comprehensive Planning and Land Development Regulation Act, F.S et seq. 1873

72 TAMPA CODE Division 4. Definitions Sec Interpretation of terms or words. Sec Definitions of groupings of various districts. Sec Definitions. Secs Reserved. Article II. Administration and General Procedures Division 1. Establishment of Administrative Officer, Duties, and Procedures Sec Establishment of administrative officer. Sec Duties of the zoning administrator. Sec Written determinations by the zoning administrator generally; types; processes; limitations. Sec Process for applications for written determinations as formal decisions. Sec Process for applications for written determinations as certifications. Sec Process for applications for written determinations as advisory opinions. Sec Exhaustion of remedies; limitation on applications for written determination. Sec Fees. Sec Determinations concerning uses not specified. Sec Alternative design exception. Sec Review. Secs Reserved. Sec Division 2. Subdivision 1. Sec Sec Sec Subdivision 2. Development Review and Compliance Procedures Intent and purpose. Development Review and Compliance Procedures for General Development Duties. Administration and review staff, generally. Meetings. Development Review and Compliance Procedures Related to Historic Preservation Sec Historic Preservation Development Review and Compliance staff and procedures ("HPDRC"). Secs Reserved. Division 3. Variance Review Board Procedures (Non-Historic District) Sec Authority to grant variances. Sec Establishment; composition and terms; officers; administrator. Sec Meetings, conduct of meetings and voting. Sec Powers and duties. Sec Application of the variance power. Sec Administration; notice; public hearing; decision. Sec Stays from further enforcement proceedings; exceptions. Sec Effect of denial. Sec Appeals. Secs Reserved. 1874

73 ZONING AND LAND DEVELOPMENT Division 4. Historic District Design Review; Certificate of Appropriateness; Variance Procedures Subdivision 1. Barrio Latino Commission (Ybor City Historic District) Sec Intent. Sec Historic district established. Sec Reserved. Sec Barrio Latino Commission. Sec Powers and duties of the BLC and BLC staff. Sec Variance; authority; application; notice; criteria; decision; stay; denial; review; expiration of variance. Sec Barrio Latino Commission review of certificates of appropriateness and review by the historic preservation development review committee. Sec Certificate of appropriateness; review of work on property in the Ybor City Historic District. Sec Applications for certificate of appropriateness to demolish or relocate; preapplication determinations of historic status; administration; notice; decision; stay; denial; review; review criteria; demolition by neglect; predemolition requirements. Sec Compliance with certificates of appropriateness. Sec Approvals by the BLC administrator. Sec Maintenance and repair of landmarks, landmark sites and property in historic districts, multiple property designation or conservation overlay district. Sec Reserved. Sec Termination of certain uses. Sec Reserved. Sec Signs and other encroachments in the Ybor City Historic District. Secs Reserved. Subdivision 2. Architectural Review Commission (Other Locally Designated Historic Districts) Sec Intent and declaration of public policy. Sec Architectural review commission Generally. Sec Powers and duties of the ARC and ARC staff. Sec Variance; authority; application; public notice; criteria; decision; stay; denial; review; expiration of variance. Sec Certificate of appropriateness; review of work on locally designated landmarks, landmark sites and property in multiple property designations, historic conservation overlay districts and historic districts. Sec Applications for certificate of appropriateness to demolish or relocate; preapplication determinations of historic status; administration; notice; decision; stay; denial; review of decision; review criteria; demolition by neglect; predemolition requirements. Sec Compliance with certificates of appropriateness. Sec Approvals by the ARC administrator. Sec Maintenance and repair of landmarks, landmark sites and property in historic districts, multiple property designation or conservation overlay district. Secs Reserved. Sec Sec Division 5. Special Use Permits Procedures Intent. Classes of special use permits; agent or body responsible for each general procedure. 1875

74 TAMPA CODE Sec Minor changes to be approved by zoning administrator; substantial deviations require action by city council. Sec General standards. Sec Conditions and safeguards. Sec Expiration of special uses. Sec Regulations governing individual special uses. Secs Reserved. Division 6. Site Plan Zoning District Procedures Sec Purpose. Sec Conflict. Sec Review procedure. Sec General requirements. Sec Bonus provisions. Sec Central Business District (CBD) Periphery Bonus; methodology and calculation; list of bonus amenities. Secs Reserved. Sec Sec Sec Sec Sec Sec Sec Sec Division 7. Amendments Statement of intent. Amendment initiation. Procedure for amendment application. Public notice requirements for land development decisions and text amendments to the Land Development Code. Final decision by city council and withdrawal of application. Comprehensive review of chapter. Review of city council action. Reserved. Division 8. Subdivision 1. Subdivision Procedures Administrative Provisions Subdivision 1.1. General Provisions; Administrative Authority; Definitions Sec Title. Sec Purpose. Sec Applicability. Sec Administrative authority. Sec Alternate materials and methods of construction; innovative design. Sec Cemetery; condominium plats. Subdivision 1.2. Certificates; Documents; Requirements; etc. Sec Applications, documentation. Sec Stages of subdivision review. Sec Phased developments. Sec Preliminary plat Generally, Sec Same Preapplication plat conference and simultaneous submittal of PD final site plan and preliminary plat. Sec Same Filing of applications; administrative review. Sec Same Action by city. Sec Same Effect of approval. Sec Construction drawings Generally. Sec Reserved. Sec Same Filing of application; administrative review. Sec Same Effect of approval. 1876

75 ZONING AND LAND DEVELOPMENT Sec Final plat Generally. Sec Same Filing of application; administrative review. Sec Same Standards for approval; effect of approval. Sec Performance security. Sec Defect security; release of defect security. Sec Final plat Effect of approval. Sec Same Recording and reproducing. Sec Same Requirements subsequent to recording. Sec Same Amendments. Sec Application submission requirements for preliminary plats. Sec Submission requirements for construction drawings. Sec Submission requirements for final plats. Sec Express subdivision review. Sec Affordable housing subdivisions. Sec Electronic data. Subdivision 1.3. Fee Authority and Types; Permits; Inspections Sec Fees City council to establish. Sec Same Types enumerated. Sec Land alteration prior to construction drawing approval. Sec Model homes/sales centers. Sec Inspections; approval of private improvements; acceptance of public improvements. Subdivision 2. Sanctions; Appeals; Boards Subdivision 2.1. Secs Reserved. Generally Subdivision 2.2. Action Authorized to Mitigate Violations Sec Stop work and emergency orders. Secs Reserved. Subdivision 3. Technical Provisions Subdivision 3.1. Authority to Establish/Publish Technical Standards Sec Technical standards may be established. Secs Reserved. Subdivision 3.2. Sec Technical standards adopted. Secs Reserved. Subdivision 3.3. Adoption of Standards by Reference Specific Technical Requirements Sec General requirements. Sec Improvements required; minimum design and construction standards. Sec Private street, drainage and other improvements. Sec Streets. Sec Sidewalks. Sec Streetlights. Sec Blocks. Sec Easements. Sec Lots. Sec Underground utilities. Sec Permanent reference monuments and control points. Sec Platting multiple unit structures. 1877

76 TAMPA CODE Article III. Establishment of Zoning Districts and District Regulations Division 1. General Zoning Districts Sec Official schedule of district regulations. Sec Regulations encumbering land required to satisfy regulations. Sec Height regulation generally. Sec Permitted projections into required yards. Sec Special street setbacks. Sec Lots, yards and measurements. Sec Yards between residential buildings. Sec Setback requirements for construction within flood-prone areas. Sec RO, RO-1 and CN Districts Urban Design Criteria. Secs Reserved. Division 2. Special Districts Subdivision 1. Municipal Airport (M-AP) Districts Sec District regulations for M-AP airport compatibility districts. Secs Reserved. Subdivision 2. Ybor City (YC) Districts Sec Intent. Sec Historic district established. Sec Alternative parking requirements. Secs , Reserved. Subdivision 3. Central Business District (CBD) Districts Sec Purpose and intent. Sec District and subdistricts established; procedures for rezoning. Sec Official schedule of permitted principal, accessory and special uses. Sec Official schedule of dimensional regulations. Sec Development design approval and procedures. Sec Development design regulations. Sec Parking requirements. Sec Surface parking regulations. Sec Amortization schedule for adult uses; blood donor centers and temporary help agencies; waterfront principal use surface parking lots. Sec Supplemental regulations. Secs Reserved. Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Subdivision 4. Channel District (CD) Districts Purpose and intent. District and subdistricts established: procedures for rezoning. Official schedule of permitted principal, accessory and special uses. Official schedule of dimensional regulations. Parking requirements. Public art requirements. Development design approval and procedures. Designation of corridors. Development site and building design standards. Public open space design concepts; community-scale, neighborhoodscale, pocket-scale. 1878

77 ZONING AND LAND DEVELOPMENT Sec Channel District bonus methodology and calculation; list of bonus amenities. Secs Reserved. Subdivision 5. Greater Seminole Heights (SH) District Sec The Greater Seminole Heights Vision; establishment of district boundaries. Sec General administrative procedures. Sec Establishment of the Regulating Map; establishment of subdistricts and associated general land development regulations by sub-district and development form. Sec General District Development Standards for Seminole Heights - Residential Single-family detached (SH-RS) district. Sec General District Development Standards for Seminole Heights Residential Single-family attached (SH-RS-A) district. Sec General District Development Standards for Seminole Heights - Residential Multi-family (SH-RM) district. Sec General District Development Standards for Seminole Heights - Residential-Office (SH-RO) district. Sec General District Development Standards for Seminole Heights - Commercial Neighborhood (SH-CN) district. Secs Reserved. Sec Development Standards for Commercial, Mixed-Use, or other Non-Residential (SH-CG and SH-CI) development. Sec Residential Building Forms. Sec Schedule of permitted uses by district. Sec Historic Preservation. Sec Frontage types and other supplemental regulations. Sec Signs. Sec Parking design and access management. Sec Landscaping. Sec Public Realm. Sec Greater Seminole Heights Bonus; methodology and calculation; list of bonus amenities. Secs Reserved. Division 3. Site Plan Zoning Districts Sec Purpose. Sec PD Planned Development District. Sec PD(A) planned development alternative. Secs , Reserved. Article IV. Overlay Districts Division 1. Intent and District Types Sec Intent and declaration of public policy. Sec Residential overlay districts. Sec Commercial overlay districts. Secs , Reserved. Sec Sec Sec Division 2. Specific Overlay Districts South Howard Commercial Overlay District Development Design Standards. New Tampa Commercial Overlay District Development Standards. Westshore Overlay District Development Standards

78 TAMPA CODE Sec Seminole Heights Residential Overlay District Development Design Standards. Sec East Tampa Overlay District Design Standards. Sec West Tampa Overlay District Development Design Standards. Sec Parkland Estates Overlay District. Sec Kennedy Boulevard Corridor District Development Design Standards. Secs , Reserved. Article V. Historic Preservation Division 1. Generally Sec Intent and declaration of public policy. Sec Architectural Review Commission Generally. Sec Barrio Latino Commission. Secs , Reserved. Division 2. Sec Sec Citizens Advisory Committee For El Centro Espanol De Ybor Citizens Advisory Committee for El Centro Espanol de Ybor generally. Powers and duties of the El Centro CAC. Sec Sec Sec Sec Division 3. City of Tampa Preservation Board Historic preservation commission Generally. Powers and duties of the HPC and HPC staff. Proposed additions to the National Register of Historic Places. Local designation of landmarks, landmark sites, multiple property designations, historic conservation overlay districts, and historic districts

79 ZONING AND LAND DEVELOPMENT (3) The variance, if granted, will not substantially interfere with or injure the health, safety, or welfare of others whose property would be affected by allowance of the variance. (4) The variance is in harmony with, and serves the general intent and purpose of, this chapter and the adopted Tampa Comprehensive Plan. (5) Allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships or practical difficulties that will be suffered due to a failure of the board to grant a variance. (b) The VRB may impose reasonable conditions upon the granting of any variance to ensure that the public health, safety and general welfare shall be protected and substantial justice done. Any violation of such conditions shall be a violation of this Code. There shall automatically be a time limit of two (2) years, during which the variance must be utilized. A six-month extension to this time limit may be approved by the zoning administrator, provided the applicant requests an extension prior to the expiration of the time limit. Sec Administration; notice; public hearing; decision. (a) Administration. Applications for variances or tree removal permit approvals shall be filed with the zoning administrator, as the administrator for the variance review board (VRB). Applications shall be submitted on forms provided by the zoning administrator. The administrative review fee for such applications shall be as prescribed by city council resolution. Each application for a variance to the wet land setback requirements set forth in section shall be accompanied by a written recommendation from an authorized representative of the Hillsborough County Environmental Protection Commission or an environmental consultant approved by the director of the parks and recreation department. (b) Public notice. The procedures for required public notice shall be governed by section with supplemental notice provided per section (c)(1) (mailed notice) and (c)(2) (posted notice). Per section (c)(3), the applicant shall file the required affidavit of compliance with the zoning administrator or designee. (c) Decision. Following the public hearing(s) and the VRB's decision on the application, staff shall forward written notice of the decision to the applicant. If the board's decision is to grant a variance, the variance granted shall be tied to the site plan submitted by the applicant and approved by the board. If the board places conditions on the site plan, prior to final adoption of the site plan and variance request, the applicant shall provide a revised site plan to the zoning administrator or designee for review and certification of the site plan conditions. The appropriate department(s) shall issue any permit(s) in accord with the VRB's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of the action, including the enforcement of any condition(s) attached to the granting of a variance. Sec Stays from further enforcement proceedings; exceptions. A variance application to the VRB stays all enforcement proceedings in furtherance of the code section from which the variance is sought; provided, however, that a variance application shall not stay any proceeding(s) in furtherance of the code section from which the variance is sought, if the appropriate department certifies either: (1) That, in the opinion of the department, a stay would cause imminent peril to life or property; or (2) That the situation appealed from is transitory in nature and, therefore, an appeal would seriously interfere with enforcement of this chapter. In each instance, the appropriate department shall place in the certificate facts to support the conclusion. (Ord. No , 1, ) 1957

80 27-83 TAMPA CODE Sec Effect of denial. Denial of an application to the VRB shall preclude consideration of a substantially similar request for a period of twelve (12) months from the date of denial. The VRB may determine that this time period does not apply if a substantially different request is submitted which addresses the grounds for denial identified during the public hearing. Sec Appeals. Any aggrieved person, as defined in Chapter 27, who participated during the public hearing may appeal a decision of the VRB in accordance with section 27-61(c). Secs Reserved. DIVISION 4. HISTORIC DISTRICT DESIGN REVIEW; CERTIFICATE OF APPROPRIATENESS; VARIANCE PROCEDURES Subdivision 1. Barrio Latino Commission (Ybor City Historic District)* Sec Intent. (a) The purpose of the Ybor City Historic District is to promote and preserve this historic district and its landmarks for the educational, cultural, economic and general welfare of the public through the preservation, protection and regulation of buildings, sites, monuments, structures and other areas of historic interest or importance within the Ybor City area of the city; to safeguard the heritage of our city by preserving and regulating this district and its landmarks which reflect elements of our cultural, social, economic, political and architectural history; to preserve and enhance the environmental quality and safety of this district and the neighborhoods within it; to strengthen the city's economic base by the stimulation of the tourist industry; to *Editor s note Ord. No , 2, adopted February 20, 2014, repealed the former Subdiv. 1, , and 3 of said ordinance enacted a new Subdiv. 1 as set out herein. The former Subdiv. 1 pertained to similar subject matter and derived from Ord. No , 1, 2(Exh. A), establish, stabilize and improve property values; to foster economic development and to manage growth. (b) As a regulatory tool, the Ybor City Historic District will assist in the revitalization efforts directed toward Ybor City. These efforts are set out in the Community Redevelopment Plan for the Ybor City Community Redevelopment Area of It will establish a regulatory framework within which appropriate uses of land will be encouraged. It will allow a compatible mix of residential, commercial, light industrial and public uses, which will strengthen Ybor City's local and regional identity. The character, architectural style and historic value of property will be protected from repairs and construction of inferior quality and appearance and from alterations that are incompatible with their preservation. These elements will be further enhanced by maintaining a high quality of design in infill construction and other new development in the area. The district regulations will require adherence to high standards of landscaping, control of signs and the maintenance of property in both public and private ownership, the intent of this article being to stabilize and strengthen the district's rehabilitation efforts, to protect the value of the buildings therein, and to preserve this irreplaceable area of historical significance for the benefit and enjoyment of future generations. (Ord. No , 3, ) Sec Historic district established. (a) Generally. The "Ybor City Historic District" is hereby established as two (2) areas designated as the Original Ybor City Historic District and the Expanded Ybor City Historic District. Together the area is known as the Ybor City Historic District. (See section for YC-District descriptions and Use Table). (Ord. No , 3, ) Sec Reserved. Sec Barrio Latino Commission. (a) Creation. There is hereby established the Barrio Latino Commission ("BLC"), which shall serve as the architectural review board for the Ybor City Historic District. 1958

81 ZONING AND LAND DEVELOPMENT (b) Membership. The BLC shall be comprised of seven (7) members. Four (4) members of the BLC and one (1) alternate member shall be appointed by the mayor, with the approval of the majority of city council, and three (3) members and one (1) alternate member shall be appointed by the city council. The members and alternate members shall have a demonstrated interest, competence, professional experience or knowledge in architecture, historic preservation, history, architectural history, planning, archaeology, development, real estate appraisals, real estate marketing, law or other related disciplines. In appointing members, the mayor and city council shall include, to the extent such individuals are available in the community and willing to serve, two (2) registered architects, individuals with demonstrated experience in historic preservation, architecture, architectural history, archaeology, landscape architecture or urban design, building construction or real estate, and individuals who reside in or operate a business in the Ybor City Historic District. The two (2) alternate members shall be from any of the categories set forth above. (1) The members of the BLC shall not be entitled to compensation, pension, or other retirement benefits by virtue of serving on the BLC, but shall be entitled to receive their travel expenses and other actual BLC expenses, as approved by the PDD director, while outside of the city, and which are incurred in the performance of their duties of office in an amount equal to and computed in the same manner as the amount allowed to officials of the City of Tampa for travel and subsistence while traveling on public business. (2) Members of the BLC shall not sit as officers or board members of local historic preservation related organizations. If a member of the BLC has two (2) or more conflicts of interest, as defined in F.S. Ch. 112, within one (1) year, then such member's appointment shall be reviewed by the mayor for a determination of whether the member's business or personal interests present frequent recurring conflicts of interest with his/her membership. Upon such finding by the mayor, with the concurrence of city council, the BLC member shall be removed and a replacement appointed. (3) Except with respect to their official duties, members of the BLC shall not participate in activities relating to matters filed with the BLC. (c) Tenure. All appointments shall be made for terms of three (3) years, including the alternate members. No member, including alternate members, shall serve more than two (2) consecutive terms on the BLC. Appointments to fill a vacancy shall be for the unexpired term of office, which term shall not count toward the two (2) consecutive term limit. Upon the expiration of a term, members may continue to serve until replaced by the appropriate appointing authority. Upon the expiration of a term and replacement by the appropriate appointing authority, a former member is not eligible to be re-appointed to the BLC unless a minimum of one (1) year has transpired. (d) Officers. The BLC shall each year elect members to serve as chair and vice-chair. The chair shall preside at meetings of the BLC and shall have the right to vote. The chair shall be the spokesman for the BLC in presenting its policy to the public. In the absence or disability of the chair, the vice-chair shall perform the duties of the chair. At the chair's request, the administrator of the BLC may represent the BLC to the public or before governmental bodies. (e) Staff. There shall be an administrator, designated by the PDD director, who shall have the responsibility of assisting the BLC in the implementation of its duties. The BLC administrator and staff shall not sit as officers or board members of local preservation related organizations. The BLC administrator and staff shall act in an impartial manner in all matters involving the BLC. Except with respect to being compensated by the city for carrying out their official duties, the BLC administrator and staff shall be prohibited from receiving any remuneration in connection with any matters which are filed with the BLC. Except with respect to their official duties, the BLC administrator and staff shall not participate in activities relating to matters filed with the BLC. 1959

82 27-94 TAMPA CODE (f) Meetings. The BLC shall meet at least once a month at a regularly scheduled time with advance notice given and an agenda available prior to the meeting. The chair may cancel a regularly scheduled meeting if there is no business or quorum to conduct the meeting. If a meeting is cancelled due to a lack of quorum, all matters on the agenda shall automatically carry over to the next regularly scheduled BLC meeting. Additional meetings may be called by the chair or upon the request of four (4) members of the BLC. All meetings of the BLC shall be open to the public. Applicants shall be given notice of the BLC's meetings and its decisions on their applications. (g) Attendance at meetings. Any member of the BLC who misses more than three (3) consecutive regular meetings or more than half the regular meetings in a calendar year shall lose status as a member of the BLC and shall be replaced. Absences due to sickness or an emergency shall be recognized as approved absences and shall not affect the member's status on the BLC except that, in the event of a long illness or other such cause for prolonged absence, the member shall be replaced. (h) Rules of procedure. The BLC shall adopt and make public rules for the transaction of its business. A quorum shall consist of four (4) members of the BLC. A majority of those BLC members present shall be required for approval and denial of applications for certificates of appropriateness. (i) Minutes and annual report. The BLC administrator shall prepare and keep on file, available for public inspection, minutes of its meetings and a written annual report to the mayor and the city council of its activities, cases, decisions, qualifications of members and other work. The minutes shall include the reasons for the decisions of the BLC. (j) Conflict of interest. BLC members shall comply with the state code of ethics and the city code of ethics, as applicable, to appointed officials. Any member who abstains from voting due to a conflict of interest shall not be considered as part of the total membership for that vote. (Ord. No , 3, ) Sec Powers and duties of the BLC and BLC staff. (a) Powers and duties of the BLC. The BLC shall have the following responsibilities as authorized and empowered by the provisions of this chapter and the Florida Certified Local Government Guidelines published by Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation: (1) General responsibilities. The BLC shall have the responsibilities as authorized and empowered by the provisions of this chapter for the approval or disapproval of plans related to alterations, demolitions, relocations or new construction involving property located in the Ybor City Historic District. (2) Specific authority and powers. In addition to the powers and duties stated elsewhere, the BLC shall take action necessary and appropriate to accomplish the purposes of this article. These actions include: a. Approval or disapproval of applications for certificates of appropriateness, certificates of appropriateness for relocation or demolition, alterations of archaeological sites and variances as set out in section 27-96; b. Reporting violations of this chapter to the administrative official charged with enforcing this chapter; c. Conducting public hearings on applications for certificates of appropriateness under procedures established by this chapter; d. Reviewing and making recommendations to the city council, and the Hillsborough County Board of County Commissioners, on applications for ad valorem tax exemption for properties within the BLC's jurisdiction; e. Organizing itself and conducting its business in conjunction with procedures prescribed herein for conducting hearings, submission of plans and granting of permits; 1960

83 ZONING AND LAND DEVELOPMENT f. Exercising such other powers and performing such other duties as are required elsewhere by this chapter, this Code and state statutes; g. Reviewing government signs regarding the design, size, and scale of government signs. However, in no event can the BLC deny a certificate of appropriateness for a government sign which is necessary for the public health, safety, and welfare; and h. With regard to applications for rezonings, changes to land use classifications, vacating applications, special use-2 permits (except for alcoholic beverages) or comprehensive plan amendments, to review and recommend to the extent necessary to preserve the historical integrity and appearance of the locally designated landmark, landmark site, multiple property designation, historic conservation overlay district or historic district in accordance with the applicable design standards. The procedures for required public notice shall be governed by section with supplemental notice provided pursuant to section (c)(2) (posted notice). Pursuant to section (c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator with the attachments reflecting those for posting of the property. (3) Other responsibilities. The certified local government program is a federal program established through an amendment to the National Historic Preservation Act, extending some aspects of federal and state responsibilities for historic preservation to qualified local governments. In the development of the certified local government program, the city council may ask the BLC to perform other responsibilities that may be delegated to the city under the National Historic Preservation Act. (b) Power and duties of the BLC administrator and staff. (1) Review and advise the applicant in the preparation of applications for certificates of appropriateness. (2) Review and advise the applicant in the preparation of applications for ad valorem tax exemption. (3) Review and make recommendations to the BLC on complete applications for certificates of appropriateness, demolitions, relocations and ad valorem tax exemptions. (4) Review and approve or disapprove applications for certificate of appropriateness for minor development projects pursuant to section (5) Perform such other duties as are required elsewhere by this chapter, this Code and state statutes. (6) Prepare annual schedule for processing of applications and public hearings before the BLC. (7) Set and revise if necessary the BLC agenda for its meetings. (Ord. No , 3, ) Sec Variance; authority; application; notice; criteria; decision; stay; denial; review; expiration of variance. (a) Authority. For any property subject to the BLC's jurisdiction, the BLC shall have the following variance powers: (1) Chapter 13 landscaping, tree removal and site clearing and related sections in chapter 27. Hear and authorize variances from the terms and requirements of chapter 13 and related sections of chapter 27. However, the BLC shall not waive in its entirety any section of chapter 13, and shall not have the authority to waive any requirements of the technical manual adopted pursuant to section (2) Chapter 27 signs. Hear and authorize variances from any sign-related provision 1961

84 27-96 TAMPA CODE of chapter 27, excluding Lee Roy Selman Expressway signs. Variances are not permitted for prohibited signs. (3) Chapter 27 zoning and land development. Hear and authorize variances from the terms and requirements of chapter 27, zoning, relative to: (i) (ii) All yard (setback), fence, and buffer requirements. The height of structures within the Ybor City Historic District. (iii) Such other matters as the BLC may be required to pass upon, decide or determine pursuant to chapter 27. Nothing in this section shall be construed to authorize the BLC to permit a use on any property where that use is neither a permitted use nor a special use. (b) Application. Applications for variances shall be filed with the BLC's staff administrator, and such applications shall be submitted on forms provided by the administrator. The administrative review fee for such applications shall be as prescribed by the city council by resolution. Each application for a variance to the wetland setback requirements set forth in chapter 27 shall be accompanied by a written recommendation from an authorized representative of the Hillsborough County Environmental Protection Commission or an environmental consultant approved by the director of the parks department. (c) Notice. The procedures for required public notice shall be governed by section with supplemental notice provided per section (c)(1) (mailed notice) and (c)(2) (posted notice). Per section (c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator. (d) Criteria. In exercising its variance power the BLC shall only be authorized to grant variances in cases where the BLC expressly finds that the applicant has demonstrated practical difficulties or unnecessary hardships and that the request ensures the public health, safety and general welfare are protected. A hardship or practical difficulty shall be established if the variance request is required in order to be consistent with the design standards. When reviewing a variance application, the BLC shall base its decision on substantial competent evidence in the official record and shall consider the following criteria: (1) The alleged hardships or practical difficulties are unique and singular with respect to the property, or with respect to a structure or building thereon, and are not those suffered in common with other properties, structures, or buildings similarly located. (2) The hardship or practical difficulty does not result from the actions of the applicant. A self-created hardship or practical difficulty shall not justify a variance. (3) The variance, if granted, will not substantially interfere with or injure the health, safety, or welfare of others whose property would be affected by allowance of the variance. (4) The variance is in harmony with, and serves the general intent and purpose of, this chapter and the adopted Tampa Comprehensive Plan. (5) Allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter and the individual hardships or practical difficulties that will be suffered due to a failure of the board to grant a variance. (6) The variance, if granted, will allow development that is consistent with the design standards and compatible with the historic pattern of development within the historic district, historic conservation overlay district, multiple property designation, or the locally designated landmark or landmark site in which the subject property is located. (e) Decision. The BLC may approve, deny, or approve with the imposition of reasonable conditions to ensure that the public health, safety and general welfare shall be protected and substantial justice done. Any violation of such conditions shall be a violation of this chapter. 1962

85 ZONING AND LAND DEVELOPMENT Following the public hearing(s) and the BLC's decision on the application, staff shall forward written notice of the decision to the applicant. The appropriate department(s) shall issue any permit(s) in accordance with the BLC's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of a variance. (f) Stay. A variance application to the BLC stays all enforcement proceedings in furtherance of the Code section from which the variance is sought. However, a variance application shall not stay any proceeding(s) in furtherance of the Code section from which the variance is sought, if the appropriate department certifies either: (1) That, in the opinion of the department, a stay would cause imminent peril to life or property; or (2) That the situation that is the subject of the enforcement proceedings is transitory in nature and, therefore, a stay would seriously interfere with enforcement of this chapter. In each instance, the appropriate department shall place in the certificate facts to support the conclusion. (g) Denial. Denial of a variance application shall preclude consideration of a request for the same variance on the same property, or any portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the BLC administrator shall consider a request to waive the twelve (12) month period if, in the determination of the BLC administrator, the applicant demonstrates that the new variance request has adequately addressed the grounds for denial identified during the public hearing. Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule. (h) Review. Any aggrieved person who participated in the decision being reviewed by timely submitting evidence or by otherwise providing sworn testimony during the hearing may apply for review of a variance decision of the BLC in accordance with section (i) Expiration of variance. There shall automatically be a time limit of five (5) years, during which the variance must be utilized. The five-year period commences upon the BLC's written approval of the application for variance. (Ord. No , 3, ) Sec Barrio Latino Commission review of certificates of appropriateness and review by the historic preservation development review committee. All applications for certificates of appropriateness should be forwarded to the historic preservation development review committee, and the review and process shall follow that established in section Prior to being forwarded, the application must be consistent with other applicable sections of this chapter unless variances are being requested as part of the application. (Ord. No , 3, ) Sec Certificate of appropriateness; review of work on property in the Ybor City Historic District. (a) Work requiring a certificate of appropriateness. A certificate of appropriateness from the BLC shall be required before a person may undertake the following work affecting property in the Ybor City Historic District: (1) a. An exterior improvement or alteration, including color. b. An alteration of an archaeological site. c. New construction. d. Landscaping including the installation of or changes to a parking lot. e. Site improvements, including site lighting and retaining walls f. Any changes proposed by a governmental entity, public utility, or transportation company in the character of street patterns or paving, side- 1963

86 27-98 TAMPA CODE walks, trees, utility installations, lighting, walls, fences, structures, objects, street signage and buildings on property, easements, or streets owned or franchised by a governmental entity, public utility, or transportation company. (2) Exceptions. Landscaping of single-family or two-family dwellings shall not require a certificate of appropriateness; trackage, including ties, ballast, drainage structures, signals, switches, communications lines, tie plates, rail anchors, spikes, fasteners or other rail materials, within a landmark site, multiple property designation, historic conservation overlay district, or in a historic district shall not require a certificate of appropriateness. Certificates of appropriateness for demolition and relocation are processed as provided in section (b) Application made to the BLC. When a person or entity wishes to undertake work requiring a certificate of appropriateness, that person or entity shall file an application for a certificate of appropriateness with the BLC's staff administrator on forms provided by the city. The administrative review fee for such applications shall be as prescribed by the city council by resolution. A certificate of appropriateness must be obtained even when a building permit is not required for the proposed work. The city shall refer to the BLC any person applying for a permit for work that will also require a certificate of appropriateness. The applicant may request a decision on an entire project at a single meeting, or may ask for a two-step review. If the applicant requests a step process, the first step ("preliminary approval certificate of appropriateness") is to review the building envelope (the building's scale, massing and building form, setback, building height, orientation and site coverage, alignment, rhythm, and spacing, building form and proportions) and the concept of the basic exterior facade appearances, including identification of major materials. The second step is review of the remainder of the project. If the applicant requests the step process, approval or denial of each step shall be considered a final decision and separately subject to review pursuant to section (c) Contents of an application and staff report. The application must be submitted in accordance with section (e)(2). Further, at least fourteen (14) days prior to the public hearing, all final exhibits and documents for the public hearing shall be submitted to the BLC office. At least seven (7) days prior to the public hearing, a written staff report regarding compliance with applicable criteria (including but not limited to applicable design standards, applicable Code provisions and the Secretary of the Interior's Standards) shall be provided to the applicant or the applicant's authorized agent, and BLC members. (d) Notice. The procedures for required public notice shall be governed by section with supplemental notice provided pursuant to section (c)(2) (posted notice). Pursuant to section (c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator with the attachments reflecting those for posting of the property. (e) Stay. The submittal of a complete application for a certificate of appropriateness application to the BLC stays all enforcement proceedings in furtherance of the Code. However, an application shall not stay any proceeding(s) if the appropriate department certifies either: (1) That, in the opinion of the department, a stay would cause imminent peril to life or property; or (2) That the situation is transitory in nature and, therefore, a stay would seriously interfere with enforcement of this chapter. In each instance, the appropriate department shall place in the certificate facts to support the conclusion. (f) Action on an application. The BLC shall hold a public hearing on each complete application for a certificate of appropriateness requiring BLC approval. An application is considered "complete" when it has been submitted in accordance with section (e)(2). 1964

87 ZONING AND LAND DEVELOPMENT (g) Decision. The BLC shall approve or disapprove each application for a certificate of appropriateness, including in its decision its reasons applying the criteria contained in the applicable design standards, Secretary of the Interior's Standards, chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances. Certificates of appropriateness approved by the BLC are deemed to be consistent with the contributing status, historic significance and integrity of the structure, site, district or designation. The BLC shall include findings of fact and reasons for its decision. The BLC may delegate approval of certain items to BLC staff, with BLC staff to grant a certificate of appropriateness for such items using the same standards that the BLC would use. BLC staff shall forward written notice of the decision to the applicant. The appropriate city department(s) shall issue any permit(s) in accordance with the BLC's action on the application, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of the certificate of appropriateness. The BLC administrator shall forward to the HPC all certificates of appropriateness for new construction and additions over one hundred (100) square feet enabling the HPC to amend the official building inventory. (h) Denial. Denial of an application for a certificate of appropriateness shall preclude consideration of a request for a certificate of appropriateness on the same property, or portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the BLC administrator shall consider a request to waive the twelve-month period if, in the determination of the BLC administrator the applicant demonstrates that the new request for a certificate of appropriateness has adequately addressed the grounds for denial identified during the public hearing. Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule. (i) Review. Any aggrieved person who participated in the decision being reviewed by timely submitting evidence or by otherwise providing sworn testimony during the hearing may apply for review of a variance decision of the BLC in accordance with section (j) Approach taken by the BLC in reviewing an application. In making a decision on an application, the BLC shall be aware of the importance of finding a way to meet the current needs of the applicant. The BLC shall also recognize the importance of approving plans that will be reasonable for the applicant to implement. (k) Review criteria. In making a decision on an application which does not involve relocation or demolition, the BLC shall use the design standards, Secretary of the Interior's Standards, chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances. The review of work supplements existing city ordinances and codes including but not limited to the regulation of landscaping, tree planting, site clearing, parking, fences and signs. The BLC shall not have review authority over alterations to the interiors of a building or structure, but it shall study such plans as they relate to the exterior. The BLC shall consider: (1) The effect of the proposed work on the property upon which such work is to be done. In evaluating the effect, the BLC shall consider historical and architectural significance, architectural style, design, arrangement, texture, and materials. (2) The relationship between such work and other buildings, structures or objects on the landmark site or other property in the Ybor City Historic District. In evaluating the relationship, the BLC shall consider historical and architectural significance, architectural style, design, arrangement, texture, and materials. (3) Whether a rehabilitation relates properly to the original components of a building and the surrounding neighborhood. (4) The use of architectural traditions within the historic district as historic reference. 1965

88 27-98 TAMPA CODE (5) The following as to exterior form and appearance, when relevant: a. Exterior building materials. b. Proportion, shape, positioning, location, pattern, and sizes of any elements of fenestration. c. Surface textures. d. Expression of architectural detailing, such as lintels, cornices, brick bond, and foundation materials. e. Trees and other landscape elements. f. Appurtenant fixtures and other features, such as lighting. g. Color. h. Ground cover or paving. i. Walls and fencing: physical ingredients such as brick, stone, or wood walls, wrought iron fences, building facades, or combination of these. j. Building facades. k. Site elements. (l) Additional criteria on new construction, additions, or expansions. When the applicant wishes to undertake new construction on property in the Ybor City Historic District, the BLC shall consider the compatibility of the new construction with the existing character of the Ybor City Historic District. However, the BLC shall not dictate the architectural style of the new construction. Compatible design shall mean architectural design and construction that will fit harmoniously into the Ybor City Historic District, and is historically referenced within the Ybor City Historic District. New construction shall be compatible in scale, materials, and character of construction with adjacent contributing buildings and structures that have been designated. New construction must comply with this section even if this section requires development and/or construction that is more restrictive than applicable requirements found elsewhere in this Code. Design standards for new construction and additions focus attention on those special visual and spatial qualities that the Ybor City Historic District is established to protect. Because architectural styles and details vary within a district, the standards emphasize the relationship among buildings in the block face, or historically referenced within the district if no other historically contributing structures exist within the block face. The BLC shall include the following additional points in its consideration of an application for new construction, while applying the Secretary of the Interior's Standards, chapter 27, and other applicable provisions of the City of Tampa Code of Ordinances: (1) Scale: height and width; (2) Massing and building form; (3) Setback; (4) Building height; (5) Orientation and site coverage; (6) Alignment, rhythm, and spacing; (7) Building form and proportions; (8) Trim and detail; link between old and new; (9) Fenestration; and (10) Roof forms. (m) Applications required from the city, public utility and transportation companies. The city and all public utility and transportation companies shall be required to obtain a certificate of appropriateness prior to initiating any changes in the character of street patterns or paving, sidewalks, trees, utility installations, lighting, walls, fences, structures and buildings on property, easements or streets owned or franchised by the city, public utility or transportation company. (n) Requirement for other permits and approvals. The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work. The BLC does not have any control over uses permitted within any designated historic property, and so the BLC does not approve proposed uses. The zoning administrator shall be the sole administrator of this Code 1966

89 ZONING AND LAND DEVELOPMENT as it pertains to the maximum requirements for permitted or permissible special uses, the schedule of area, height, bulk and placement regulations, the parking requirements and any other item not dealing specifically with the procedure and review criteria for obtaining a certificate of appropriateness. However, the allowable amount of area, height, bulk and placement, as the zoning administrator determines is allowed pursuant to the schedule, may be further reduced by the BLC to insure compliance with this section and the applicable design standards or Secretary of the Interior's Standards. This section, the applicable design standards and the Secretary of the Interior Standards may require development which is more restrictive than that allowed by any other section of the Zoning Code. As such, the BLC has the authority, through the certificate of appropriateness process, to require area, height, bulk, and placement at less than the maximum determined by the zoning administrator, including but not limited to signage. (o) Applicants seeking federal rehabilitation tax incentives; resolution conflicts. For an applicant who has applied for a certificate of appropriateness and for federal rehabilitation tax incentives under Section 48(g) and related sections of the Internal Revenue Code, including successor provisions of the code, the terms of approval given by the National Park Service, as administrator of the tax incentives, shall prevail should there be a conflict regarding a specific aspect of the plans submitted to each of these two (2) agencies. (Ord. No , 3, ) Sec Applications for certificate of appropriateness to demolish or relocate; preapplication determinations of historic status; administration; notice; decision; stay; denial; review; review criteria; demolition by neglect; predemolition requirements. (a) Application. When an applicant wishes to demolish or relocate a landmark, a building or structure on a landmark site, or a contributing building or structure located in the Ybor City Historic District, the applicant shall make an application for certificate of appropriateness to demolish or relocate with the BLC staff administrator on forms provided by the city. The administrative review fee for such applications shall be as prescribed by the city council by resolution. The city shall refer all requests for demolition or relocation within the BLC's jurisdiction to the BLC. For noncontributing structures located in historic districts, a certificate of appropriateness must be approved by the BLC administrator pursuant to section (b) Review of initial determination of historic significance. An applicant for a certificate of appropriateness to demolish or relocate may request a review of the initial determination of the historic significance of the landmark, landmark site or structure or building in the Ybor City Historic District, on forms provided by the administrator. The reevaluation of the determination of historic significance shall be made by the HPC, pursuant to section (c) Contents of an application. The applicant shall provide scale drawings of the existing building, structure, or site, photographs of the existing building, structure or site and adjacent properties and information about the existing building, structure or site. An application for certificate of appropriateness to demolish or relocate shall not be considered complete until all required data have been submitted and the application has been accepted by the administrator. When such an application involves new construction, the applicant shall present conceptual plans for review and comment before the preparation of construction drawings, and otherwise comply with this chapter. Prior to the public hearing, the applicant shall supply a certificate from a registered structural engineer that the building cannot be moved and, if the building can be moved, proof of reasonable efforts, including advertisement in a newspaper of general circulation at least twice of the availability of the landmark, building or structure for relocation. (d) Notice. The procedures for required public notice shall be governed by section with supplemental notice provided per section (c)(1) (mailed notice) and (c)(2) (posted notice). 1967

90 27-99 TAMPA CODE Per section (c)(3), the applicant shall file the required affidavit of compliance with the BLC staff administrator. (e) Stay. The submittal of a complete application for certificate of appropriateness to demolish or relocate submitted for review by the BLC stays all enforcement proceedings in furtherance of the Code. However, an application shall not stay any proceeding(s) if the appropriate department certifies either: (1) That, in the opinion of the department, a stay would cause imminent peril to life or property; or (2) That the situation is transitory in nature and, therefore, a stay would seriously interfere with enforcement of this chapter. In each instance, the appropriate department shall place in the certificate facts to support the conclusion. (f) Action on an application. The BLC shall hold a public hearing on each complete application for certificate of appropriateness to demolish or relocate. (1) Burden of proof. The applicant shall prove through substantial, competent evidence, that the demolition or relocation is necessary, including in the evidence presented: a. Alternatives to demolition or relocation such as planned development districts; b. Whether the landmark or building or structure can be retained on the site; c. Whether relocating the landmark or building or structure is appropriate and feasible; d. Whether the applicant has the ability to build the proposed new construction within a reasonable period of time if the application is approved; and e. Whether the demolition or relocation is justified as an economic hardship. (2) Additional criteria on applications for certificates of appropriateness to relocate. When the applicant wishes to relocate a landmark, building or structure from or to a landmark site or move a building or structure from, within, or to the Ybor City Historic District, the BLC shall consider: a. The contribution the building or structure makes to its present setting; b. Whether the building or structure can be moved without significant damage to its physical integrity; and, c. The compatibility of the building or structure to its proposed site and adjacent properties. These considerations shall be in addition to the points contained in subsection (1) of this subsection. (3) Economic hardship. On applications for certificate of appropriateness to demolish or relocate, the BLC shall consider the question of economic hardship for the applicant and shall determine whether the landmark or the property in the Ybor City Historic District can be put to reasonable beneficial use without the approval of the demolition application. For purposes of this section, economic hardship means the inability of the property to be put to reasonable beneficial use, and in the case of an income producing property the inability of the owner to obtain a reasonable investment backed expectation. In reviewing applications for certificate of appropriateness to demolish, the BLC shall consider substantial, competent evidence of the following, whether provided by the applicant or any person or entity: a. Estimate of the cost of the proposed demolition or relocation and an estimate of any additional costs that would be incurred to comply with recommendations of the BLC for changes necessary for the issuance of a certificate of appropriateness; b. A report from a licensed engineer or architect with experience in rehabilitation as to the structural sound- 1968

91 ZONING AND LAND DEVELOPMENT ness of the structure and its suitability for relocation and/or rehabilitation; c. Estimated market value of the property, both in its current condition and after completion of the proposed demolition or relocation, to be presented through an appraisal by a qualified professional expert; d. An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property to the value of comparable properties within the district or relocation to another property within the district; e. Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; f. If the property is income-producing, the annual gross income from the property for the previous two (2) years and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; g. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years; h. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; i. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; j. Assessed value of the property according to the two (2) most recent assessments and an assessment of the property after demolition or relocation; k. Real estate taxes for the previous two (2) years; l. Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other method; m. Any other information which would assist in making a determination as to whether the property does yield or may yield a reasonable return to the owners, e.g., a pro forma financial analysis. (4) Self imposed economic hardship. In the event the BLC finds that: a. An applicant for the demolition of a landmark, building or structure located on a landmark site or contributing building or structure located in the Ybor City Historic District, or b. A property owner of such property, Has compromised the architectural integrity of the building or structure by intentionally or willfully neglecting the property, the BLC shall deny the application for demolition. (5) Administrator's report. The administrator shall provide a written report evaluating the application and the landmark or building or structure, including a recommendation to the BLC, and provide a copy of the report to the BLC and the applicant at least seven (7) days before the hearing on the application. The administrator can obtain reports from independent experts concerning economic hardship. (6) Time for decision. The BLC shall make a decision on an application for certificate of appropriateness to demolish or relocate within sixty (60) days of the date of the initial public hearing on the application. The BLC shall extend the time for deci- 1969

92 27-99 TAMPA CODE sion on such an application an additional sixty (60) days when necessary to provide adequate due process. If the BLC fails to decide on such an application within the specified time period, the application shall be deemed approved. (g) Decision. The BLC shall approve or disapprove each application for certificate of appropriateness to demolish or relocate including in its decision its reasons using the criteria contained in this section and in its design standards. Following the public hearing(s) and the BLC's decision on the application, staff shall forward written notice of the decision to the applicant. The appropriate city department(s) shall issue any permit(s) in accordance with the BLC's action on the application and this section, if a permit is authorized by such action, and the appropriate department(s) shall see to the faithful execution of all portions of such action, including the enforcement of any condition(s) attached to the granting of a demolition or relocation request. The BLC administrator shall forward to the HPC all certificates of appropriateness for demolition or relocation enabling the HPC to amend the official building inventory. (h) Denial. Denial of an application for a certificate of appropriateness shall preclude consideration of a request for a certificate of appropriateness on the same property, or portion of the property, for a period of twelve (12) months from the date of denial of the previous application. However, upon written application, the BLC administrator shall consider a request to waive the twelve-month period if, in the determination of the BLC administrator, the applicant demonstrates that the new request for a certificate of appropriateness has adequately addressed the grounds for denial identified during the public hearing. Upon affirmative determination, the applicant may file a new application, subject to the current filing schedule. (i) Review. Any aggrieved person who participated in the decision being reviewed by timely submitting evidence or by otherwise providing sworn testimony during the hearing may apply for review of a certificate of appropriateness decision of the BLC in accordance with section (j) Archival information and access required when demolition approved. In the event the BLC grants a certificate of appropriateness to demolish or relocate, the applicant or property owner must provide information and access to the property for the information enumerated below before the BLC administrator may approve issuance of the demolition permit. The property owner or applicant shall provide access to the property and the landmark, building, or structure to professional preservation, education, historical, cultural, archival, or archaeological organizations for an archaeological review of the property which review shall, to the extent available when applicable, be at that organization's expense. In addition, when the BLC grants a certificate of appropriateness to demolish, the property owner or applicant shall at the property owner's or applicant's expense provide to the administrator: (1) Schematic drawing delineating the footprint of the landmark, contributing building or contributing structure. The drawings shall include the building site and shall be drawn to scale; (2) Photographs of the exterior elevations of the landmark, contributing building or contributing structure; (3) A synopsis of the history and historical significance of the property and landmark, building or structure in its context; and (4) An inventory of salvageable interior and exterior materials, a plan for reuse of salvage or access for removal by a registered salvager of the salvageable materials, and proof of a published advertisement of available salvage materials where appropriate, with all salvage completed before demolition, or after with the clearable within one week of the demolition date. (Ord. No , 3, ) Sec Compliance with certificates of appropriateness. (a) Inspections and approvals by the BLC. Work performed pursuant to a certificate of appropriateness shall be started within five (5) years after 1970

93 ZONING AND LAND DEVELOPMENT the issuance of the certificate, and the work shall conform to the provisions of the certificate. The five-year period commences upon the BLC's written approval of the certificate of appropriateness. (b) Failure to comply or obtain certificate or approval. Failure to comply with a certificate of appropriateness or failure to obtain a certificate of appropriateness shall be a violation of this chapter, and is subject to the fines and penalties set forth in chapter 9, code enforcement board, or sections 1-6 and Approval of the administrator of the BLC shall be required before the city issues a certificate of occupancy or before the final inspection is approved for work for which a certificate of appropriateness was issued. (c) Stop work orders during construction, relocation or demolition. In the event work is being performed without the required certificate of appropriateness, or work is being performed which is not in accordance with its certificate of appropriateness, the city shall issue a stop work order, and all work shall cease on the subject property. A stop work order shall be in addition to other penalties and remedies available to the city. No additional work shall be undertaken as long as such stop work order shall continue in effect. The city may apply for an injunction to enforce its stop work order. (Ord. No , 3, ) Sec Approvals by the BLC administrator. (a) The BLC administrator is authorized to approve certificates of appropriateness for minor development projects as follows: (1) Single-family and duplex structures: a. Installation of a fence or wall that does not require a variance from any applicable Code requirement and does not adversely impact original fabric that is able to be rehabilitated. b. Demolition of non-contributing structures that have been verified by the BLC administrator as being noncontributing within the last six (6) months. c. Repair or replacement of exterior roofing material, provided that the exterior roofing material is replaced using materials approved for the Ybor City Historic District, there is no change in the roof line, and the exterior roofing material is appropriate to the style of architecture. d. Exterior repairs using original materials or materials approved by the BLC as detailed in the adopted design standards for the historic district, historic conservation overlay district, multiple property designation, or, alternatively, in the Secretary of the Interior's Standards. e. Patio or other slab. f. Paving. g. Sheds of one hundred fifty (150) square feet or less. h. Small additions of one hundred fifty (150) square feet or less that are on side or read elevations and not adjacent to a street. i. Appurtenant fixtures, including lighting. (2) Commercial, multi-family and new construction structures. a. Installation of signs that do not require a variance from any applicable Code requirements. b. Installation of a fence or wall that does not require a variance from any applicable Code requirement. c. Demolition of non-contributing structures that have been verified by the BLC administrator as being noncontributing within the last six (6) months. d. Repair or replacement of an exterior roofing material, provided that the exterior roofing material is replaced using materials approved, there is no change in the roof line, and the exterior roofing material is appropriate to the style of the architecture

94 TAMPA CODE e. Exterior repairs using original materials or materials approved by the BLC as detailed in the adopted design standards for the historic district, historic conservation overlay district, multiple property designation, or alternatively, in the Secretary of the Interior's Standards. f. Patio or other slab. g. Paving. h. Renovation of storefront or office alterations. i. Location of street furniture. j. Landscaping. k. Sheds of one hundred fifty (150) square feet or less. l. Small additions of one hundred fifty (150) square feet or less that are on side or read elevations and not adjacent to a street. m. Mechanical equipment (a satellite dish, water heater, HVAC compressor, and generator). n. Appurtenant fixtures, including lighting. o. Applications concerning construction for handicapped access shall receive immediate review by the administrator in the most timely fashion possible. Where the application does not involve major renovation of the building or new construction, the review of construction for handicapped access shall be completed by the administrator in a maximum of five (5) working days. p. Vendor markets. (b) Criteria. The BLC administrator, in reviewing applications for certificate of appropriateness under this section, shall ensure that the proposed minor development is compatible with the historic pattern of development and complies with applicable provisions in chapter 27, the applicable design standards and, if applicable, the Secretary of the Interior's Standards. (c) Denial. In the event of a denial by the BLC administrator, a property owner, or the property owner's designated representative, may request a hearing before the BLC, in accordance with sections and (d) Report to BLC. On a monthly basis, the BLC administrator shall provide a report to the BLC identifying each application for certificate of appropriateness approved by staff. (Ord. No , 3, ) Sec Maintenance and repair of landmarks, landmark sites and property in historic districts, multiple property designation or conservation overlay district. (a) Prevention of demolition by neglect. The owner and the tenant of a landmark, a landmark site or a property in a historic district, multiple property designation or conservation overlay district, shall keep in good repair: (1) all of the exterior portions of such structures; and (2) all interior portions thereof which, if not so maintained, may cause such structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair. The purpose of this section is to prevent a person from forcing the demolition of his structure by neglecting it and permitting damage to it by weather or vandalism, and to protect Tampa's historic resources by intervening when a historically designated structure is undergoing demolition by neglect. Demolition by neglect is defined as a situation in which a property owner, or others having legal possession, custody or control of a property, allow the condition of a contributing structure or structure designated as a landmark, to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure or its relevant architectural detail to a degree that the structure and its character may potentially be lost to current and future generations. No provision in this chapter shall be interpreted to require an owner or tenant to restore the structure to its original appearance. (b) Ways to improve the condition of the property. The BLC administrator shall request a meeting with the owner and the tenant when the

95 ZONING AND LAND DEVELOPMENT landmark or contributing structure is in poor repair, and the BLC administrator shall discuss with them ways to improve the condition of the property. After this step the BLC administrator may request the PDD or code enforcement to take action to require correction of defects in any structure designated under this chapter so that such structure shall be preserved in accordance with the purposes of this chapter. In the event emergency conditions dangerous to life, health or property exist, as determined pursuant to subsection (e), the BLC administrator does not have to comply with the provisions of this subsection. (c) Ordinary maintenance and repairs. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a structure or the replacement of elements of a building or structure with pieces identical in appearance and provided that the work does not change the structure's exterior appearance which is visible to the public. (d) Control of demolition by neglect of contributing structures within local historic districts or those structures designated as local landmarks. (1) In order to promote the purposes of historic preservation, this subsection requires that owners of historic properties maintain their properties and not allow them to fall into disrepair. The requirements of this subsection are applicable only to contributing structures in local historic districts or those structures designated as local landmarks. (2) Conditions of neglect defined and prohibited. Owners or others having legal possession, custody or control of a contributing structure in a local historic district or a structure designated as a local landmark shall maintain or cause to be maintained the exterior and structural features of their properties and not allow conditions of neglect to occur on such properties. It is a violation to fail to remedy a condition of neglect as defined in this section. Conditions of neglect include, but are not limited to, the following: a. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling. b. Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling. c. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling. d. Deterioration or crumbling of exterior brick, plaster or mortar. e. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors. f. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering. g. Rotting, holes, and other forms of decay. h. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling. i. Deterioration that has a detrimental effect on the surrounding historic district. j. Deterioration that contributes to a hazardous or unsafe condition. (3) Undue economic hardship. A property owner who believes that application of this section creates an undue economic hardship may apply for a variance under the process contained in section 27-96, but applying the economic hardship criteria contained in section

96 TAMPA CODE (e) Emergency conditions. In any case where the PDD, in coordination with the code enforcement department, determines that there are emergency conditions dangerous to life, health or property affecting a landmark, a landmark site or a property in a historic district, the department may order the remedying of these conditions without the approval of the BLC. The department shall promptly notify the administrator of the BLC of the action being taken. When the emergency conditions do not require demolition, the department shall make every effort to carry out the intent of this chapter and to use the design standards of the BLC when remedying the emergency conditions. Failure to comply with an order issued pursuant to this section, within the reasonable time set within the order for compliance, is a violation of this Code. (f) Other laws and regulations. The provisions of this section shall be in addition to all other provisions of the state and city laws and regulations requiring that buildings and structures be kept in good repair. (Ord. No , 3, ) Sec Reserved. Sec Termination of certain uses. (a) Adult uses, temporary help centers and blood donor centers are uses not permitted or permissible within the Original Ybor City Historic District. All adult uses, temporary help centers and blood donor centers legally established on the effective date of the ordinance from which this article was derived shall be terminated within three (3) years of such date and the premises used for uses permitted or permissible within the district. (b) Pursuant to section , Table 8-1, and subsection (a) above, adult uses, temporary help centers and blood donor centers are already prohibited in the Original Ybor City Historic District. Additionally, adult uses, temporary help centers and blood donor centers shall not be permitted within the boundaries of the Expanded Ybor City Historic District. If any adult uses, temporary help centers and blood donor centers were legally established and operating with all required permits and licenses within the boundaries of the Expanded Ybor City Historic District prior to the date of adoption of the ordinance which established the Expanded Ybor City Historic District, then such adult use, temporary help center or blood donor center shall be considered a nonconforming use and shall be governed by the terms, provisions and limitations set forth in section , nonconforming uses of major structures or structures and premises in combination. (Ord. No , 3, ) Sec Reserved. Sec Signs and other encroachments in the Ybor City Historic District. (a) Signs. The following requirements shall apply to awning, wall, marquee, and projecting signs in the Ybor City Historic District and shall be in addition to other sign regulations set forth in this Code. Where inconsistent with the regulations contained elsewhere in this Code, the provisions of this section shall apply and control in the Ybor City Historic District. Placement of any sign in the Ybor City Historic District is subject to the final approval by the Barrio Latino Commission and shall comply with the following specific criteria: (1) A minimum distance of fifteen (15) feet shall be required between signs. A minimum clearance of four (4) feet shall be maintained between signs on the same facade. (2) Each occupant of commercial space abutting public right-of-way is allowed one (1) sign only. The occupant name may be placed on both faces of the sign. The maximum dimensions for the sign are as follows: Four (4) feet long, eighteen (18) inches high and six (6) inches thick. The bottom of the sign shall be a minimum of seven (7) feet above the sidewalk. (3) Signs shall have no maximum projection into the right-of-way; however, no sign may project within two (2) feet, six (6) inches of that portion of the right-of-way intended for vehicular use

97 ZONING AND LAND DEVELOPMENT (4) Sign placement shall leave street corners free of obstructions to allow for safe traffic movement and placement of utilities. (5) If the right-of-way is needed by the city for any reason, the owner shall remove or relocate the sign at his expense within forty-five (45) working days of the written notice by the city. (6) A hold harmless agreement in a form acceptable to the city must be signed by the owner and submitted to the city prior to issuance of sign permit. (b) Encroachments. Encroachments into the public right-of-way for awnings or architectural features may be authorized administratively through the commercial site plan review process; provided that any encroachment in the Ybor City Historic District is subject to the final approval by the Barrio Latino Commission, and the encroachments shall comply with the following specific criteria: (1) The bottom most portion of the encroachment shall be a minimum of seven (7) feet above grade. There is no maximum projection into the right-of-way; however, no encroachment may project within two (2) feet six (6) inches of that portion of the right-of-way intended for vehicular use. (6) A hold harmless agreement in a form acceptable to the city must be signed by the owner and submitted to the city prior to the issuance of building permits. (Ord. No , 3, ) Secs Reserved. Subdivision 2. Architectural Review Commission (Other Locally Designated Historic Districts) Sec Intent and declaration of public policy. (a) The purpose of this article is to preserve, promote and improve the historic landmarks and districts of the city for the educational, cultural, economic and general welfare of the public; to protect and review changes to these landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this city, state and nation; to safeguard the heritage of this city by preserving and regulating its historic buildings, historic sites, archaeological sites, monuments, structures, neighborhoods and areas which reflect elements of the city's cultural, social, economic, political and architectural history; to preserve and enhance the environmental quality and safety of these landmarks and districts; to strengthen the city's economic base and to stimulate the tourist industry; (2) Building columns or support poles are prohibited from projecting into the rightof-way. (3) Encroachments shall leave street corners free of obstruction to allow for safe traffic movement and proper placement of utilities. (4) Lighting underneath encroachments shall be provided and maintained by the property owner. (5) If the right-of-way is needed by the city for any reason, the owner shall remove or relocate the encroachment at his expense within forty-five (45) working days of written notice by the city

98

99 ZONING AND LAND DEVELOPMENT iii. quest for an expedited review with payment for review at triple the fee of a standard review. Upon certification of the special use site plan and issuance of an approval for alcoholic beverage sales, the zoning administrator or designee shall issue an "AB conditions placard" to the applicant, which reflects the information required by section c. No formal public notice or hearing. Formal public notice and public hearing are not required and shall not be held in connection with the zoning administrator's review or determination of an application for an S-1 special use permit as provided for in this section. (2) S-2 special use permits; procedure for submission and consideration of decision by city council. It is intended that S-2 special use permits be required where specified uses or occupancies involve matters deemed to be of citywide or area-wide importance. The city council shall be solely responsible for decisions on all applications for S-2 special use permits. a. Application submitted to zoning administrator. An application for approval of S-2 special uses shall be filed with the zoning administrator, who shall, before accepting any application, ensure that it contains all required information, as specified elsewhere in this chapter. b. Zoning administrator analysis and report. The zoning administrator shall cause an analysis to be made of the application and, based on that analysis, prepare a report for consideration by the city council. c. Public hearing required; notice specified. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the city council. Applicants for approval of special uses, the city clerk and the zoning administrator shall, for special use public hearings, meet the same requirements as are established for public notice and final site plan deadlines for parcel rezonings (see Article II, Division 7). d. Action on the application. After completion of the public hearing, the city council shall take action on the application. This action shall be one (1) of the following: 1. Approval; 2. Approval with conditions attached; 3. Approval with waiver(s) to criteria set forth in section (with or without conditions attached); 4. Denial. City council shall grant waivers if city council finds that the application, after granting the waiver, is consistent with the applicable general standards set forth in section e. Action subsequent to city council action. The city clerk shall cause notice of the disposition of the application to be sent to the applicant and a copy of the decision to be filed in the office of the zoning administrator. As applicable, the following additional actions shall occur: 1. The zoning administrator or designee, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the city council's actions; 2. Upon certification of the special use site plan and issuance of an approval for alcoholic beverage sales, the zoning administrator or designee shall issue an "AB 1989

100 TAMPA CODE conditions placard" to the applicant, which reflects the information required by chapter 3. f. Effect of denial by city council. A denial of an S-2 special use permit shall preclude consideration of an application which has a substantially similar request as described in the application involving the same lands or any portion thereof for a period of twelve (12) months from the date of denial of the previous application. The city council may determine that this time period does not apply if the new S-2 application has addressed the grounds for denial identified during the public hearing. (3) Contents of application for special use. The application for a special use shall be submitted on forms provided by the zoning administrator. The application for a special use shall include at a minimum: a. Short term S-1 special use permits (alcohol beverage sales temporary and vendor other than annual vendor) and S-1 permits for community gardens. 1. A full and accurate description of the proposed use; 2. A detailed boundary description of the area receiving the special use permit, and a graphic (sketch) that depicts the boundaries. The graphic must delineate "north," identify street names, and identify any structures on-site with dimensions. For alcohol beverage sales - temporary applications, the boundaries are the area where alcoholic beverages may be consumed ("Consumption Area"), and the graphic must also clearly delineate the areas where alcoholic beverages may lawfully be sold ("AB Sales Area") within the boundary; 3. The name and address of the property owner; 4. The name and address of the applicant, if different from the owner. The first application for a particular location will be considered the "master application." Any subsequent applications within the boundaries of the master application will be issued a "subpermit." The graphic for the master application must be amended to reflect the subpermit request. b. All other S-1 special use permits (alcoholic beverage sales - sidewalk cafe, annual vendor) and S-2 special use permits. 1. A full and accurate description of the proposed use; 2. The appearance and operational characteristics of the proposed use; 3. The name and address of the property owner; 4. The name and address of the applicant, if different from the owner; 5. All relevant information needed to show compliance with the general and specific standards governing the special use; 6. For alcoholic beverage sales ("AB permit"), the survey must include the following, as applicable: i. A graphical depiction with square footage measurements of the location from where the sales activity will occur ("AB Sales Area") and those measurements required to demonstrate compliance with distance separation criteria; and ii. For locations without an existing active AB permit, 1990

101 ZONING AND LAND DEVELOPMENT iii. iv. then the survey required as part of the application is required to comply with subsection 7. below; or For locations with an existing active AB permit, where there is no expansion of floor area, outdoor/ outside occupied area, or other alterations to the site are proposed, then the survey required as part of the application is required to comply with subsection 7. below except for topographic contours or tree locations; or For locations with an existing active AB permit, where there is an expansion of floor area, outdoor/ outside occupied area, or other alterations to the site are proposed, then the survey required as part of the application is required to comply with subsection 7. below. 7. For all other special uses under this subsection, the property survey must include boundary, topographic contours, and tree locations onsite and within twenty (20) feet of the property boundary on all sides, general property address, and legal description. 8. A site development plan that, at a minimum, represents a graphical depiction of the specifications above. (4) Time requirements. a. S-1 special use permit S-1 special use permit shall be subject to a buildout deadline of two (2) years from the effective date of the S-1 special use permit. The build-out deadline shall be deemed to be met if the holder of the special use permit has completed fifty (50) percent of the permitted construction and is proceeding with the remainder of the construction under an active building permit. Failure to meet the deadline shall result in the cancellation of the permit; however, the applicant may apply for a new special use permit. b. S-2 special use permit S-2 special use permit shall be subject to a buildout deadline of two (2) years from the effective date of the S-2 special use permit. The build-out deadline shall be deemed to be met if the holder of the special use permit has completed fifty (50) percent of the permitted construction and is proceeding with the remainder of the construction under an active building permit. Failure to meet the deadline shall result in the cancellation of the permit; however, the applicant may apply for a new special use permit. (c) All adult use special use permit applications shall be submitted and processed under the procedures specified for S-1 special use permits relating to constitutionally protected first amendment activity. (d) Failure by the zoning administrator, or any other department or agency requested to review an S-1 special use application relating to constitutionally protected first amendment activity, to review and issue a final determination within thirty (30) days of receipt thereof shall authorize the applicant to operate or conduct the activity for which the S-1 special use permit otherwise would be required. Provided however, if the applicant requests a continuance, or commits any other action or inaction which delays the zoning administrator's or any other department or agency's ability to issue a final determination or ruling within the time frame prescribed by City Code, then the zoning administrator's failure to issue a final determination or ruling within the time frames prescribed by the City Code then the zoning administrator, or any other department or

102 TAMPA CODE agency so delayed shall have additional time equivalent to the length of the delay within which to issue a final determination. Sec Minor changes to be approved by zoning administrator; substantial deviations require action by city council. (a) A special use may be developed only in accordance with the plans approved by the zoning administrator or city council. Further, the variance review board or the Architectural Review Commission (in historic districts, generally, or landmark sites) or the Barrio Latino Commission (in the Ybor City Historic District) may not vary requirements in a plan approved by city council, unless such plan provides otherwise. However, the zoning administrator is authorized to approve minor changes in the approved plans of special uses, as long as they are in harmony with action by the city council, but the zoning administrator shall not have the power to approve changes that constitute a substantial deviation. A substantial deviation shall be handled as a new application and shall be resubmitted to the zoning administrator of city council pursuant to Notwithstanding anything else to the contrary in the City of Tampa Code, the zoning administrator shall not approve minor changes or deviations under this section in or to the approved plans of, or otherwise apply to this section to, a S-1 special use relating in any way to constitutionally protected first amendment activity. (3) Structural alterations significantly affecting the basic size, form, style, ornamentation and the like of the building as shown on the approved plan. (4) Any reduction in the amount of open space resulting in a decrease of more than five (5) percent of open space or any change in location of open space, recreation facilities or landscape screens. (5) A change in use. (b) The following changes, amendments or modifications shall constitute a substantial deviation: (1) Any increase in intensity of use. An increase in intensity of use shall include, but not be limited to more than a five (5) percent increase in usable floor area, more than a five (5) percent increase in number of dwelling or lodging units, or more than a five (5) percent increase in outside land area devoted to sales, displays or demonstrations. (2) Any change in parking areas resulting in an increase or reduction of five (5) percent or more in the number of spaces approved

103 CODE COMPARATIVE TABLE Ordinance Number Date Section Section this Code , , , , as , , , , , , , , , , , Added

104 TAMPA CODE Ordinance Number Date Section Section this Code Added Added Rpld Rpld Added Added (b) Added (b)(17) (19) Added (a) (a)(2)a., b. 19-5(a)(4)a Ch. 27, Art. II, Div. 8(note) (e) 8 Added Rpld Added [The next page is 2973]

105 STATE LAW REFERENCE TABLE This table shows the location within the Code, either in the text or notes following the text, of references to the Florida Statutes. F.S. Section Section F.S. Section Section (3) Ch (b)(1) (b)(1) (b)(1) (b)(2) (b)(2) (8) Ch. 97 et seq. Ch. 10 Ch (a) (a) (a) (a) (a) (a) (a), (b) 2-600(c) Ch (4) (a) (3) et seq (a) Ch (12)c (a) (a) (a) Ch. 112, Pt. III 2-503(a) 2-521(a) et seq. Ch. 2, Art. III, Ch. 2, Art. IV Ch. 2, Art. VI (21) (3) (7) (a) (b)(1) (c)(1) (e) (2)(e) 2-626(e) (3) 2-626(e) (5) 2-626(e) Ch. 2, Art. VI et seq. Ch. 18 Ch. 119 Ch. 2, Art. II, Div. 2 Ch. 2, Art. III 2-503(a) 2-566(f) (2) Ch. 2, Art. II, Div (1) Ch (b) (1) Ch. 161 Ch. 14, Art. V Ch (a), (b) 9-11(1) 9-12(a) (b) (b) Ch. 162, Pt. I 9-3 Ch Ch. 163, Pt. II et seq. Ch. 17.5, Art. III (a) Ch (7), (8) (2)a (8) Ch. 17.5, Art. III d (a) Ch (12) Ch (b) (2) Ch. 19, Art. I, Div

106 TAMPA CODE F.S. Section Section F.S. Section Section et seq. Ch. 2, Art. V et seq. Ch. 2, Art. V Ch et seq. Ch. 24, Art. II Ch. 24, Art. IV Ch. 2, Art. V, Div. 2 Ch. 170 Ch Ch Ch Ch. 24, Art. III Ch et seq. Ch. 27, Art. II, Div (8) (3), (4), (5) Ch. 180 Ch. 20 Ch Ch Ch. 192 et seq. Ch (11)(b) Ch (a) (b) (b) (b)(2) (5) (5), (6) 24-26(b) (7) (b)(2) (b)(2) Ch. 205 Ch. 24, Art. V (d) (c) Ch. 218 Ch. 2, Art. V et seq Ch (a) et seq. Ch. 14, Art. V (2) (1)(a) (8) (1) (1) (2) (1) Ch Ch. 2, Art. II, Div. 2 Ch. 2, Art. III 2-503(a) (a) (a) (1) (4)(c) (1) Ch. 309 Ch. 14, Art. V Ch (a) (b) (1)(t) (5) (1) (b) (17) Ch (1)(b) (1)(b) Ch , , , (4) Ch (9), (10) 14-5(1)(a), (b) (b) Ch. 327 Ch. 14, Art. V (27) (34) , (4) Ch. 14, Art. V (11)(b) 14-5(1)(d) 2974

107 STATE LAW REFERENCE TABLE F.S. Section Section Ch Ch (2)(c)

108

109 CODE INDEX BUSINESSES (Cont'd.) Incompatible non-city employment or private business enterprise City ethics code et seq. See: ETHICS CODE Property maintenance and structural standards , See also: PROPERTY MAINTENANCE AND STRUCTURAL STANDARDS C Section CABARETS Business regulation in general et seq. See: BUSINESS REGULATION Certification required for permit issuance CABLE COMMUNICATIONS Acceptance of conditions by grantee Books and records Compliance with state and federal law Definitions Delegation of powers Discrimination Employment requirements Franchise Administrative performance evaluation session Appraisal Arbitrary and capricious action by grantee 7-62 Bids Failure to enforce Fees Insurance; bonds; indemnity Letter of credit Notice to grantee Renewal Required Review and modification Revocation procedures Right of grantor to assign Successor Grantee's obligation as trustee Term and nonexclusivity Transfer Generally Ownership transferred to grantor Validity Grant of authority Bids Requirement of franchise Grantee Limitation on recourse Promulgation of rules Landlord/tenant relations Gratuities and payments to permit service prohibited (b) Interference with cable service prohibited (a) Penalties and charges to tenants for service prohibited (c) CABLE COMMUNICATIONS (Cont'd.) Protection of property permitted (e) Reselling service prohibited (d) Risks assumed by grantee (f) Licenses Special license issued by city to other persons Penalties Publication costs Purposes Recourse of grantee, limit on Reselling service (d) Rights reserved to grantor Severability Short title Subscriber fees System operations Areawide interconnection of cable systems Construction schedule and reports Franchise areas Operation requirements and records Protection of privacy Radio and television sales or service Prohibition from engaging in Service, adjustment and complaint procedure Service area Street occupancy System description and service Tests and performance monitoring Tenants. See herein: Landlord/Tenant Relations Theft of cable services Time limits for performance CABLES Moving buildings; interference with and costs of cutting, etc., telephone, electric or other wires See: STREETS AND SIDEWALKS et seq. CAFÉS Discrimination in public accommodations et seq. See: HUMAN RIGHTS Restaurants generally. See: RESTAURANTS Sidewalk cafés Permitted; conditions, etc et seq. See: STREETS AND SIDEWALKS CAMPAIGNS City ethics code See: ETHICS CODE CANES White walking canes See: BLIND PERSONS Section et seq et seq. 3131

110 TAMPA CODE CEMETERIES Burials Authorization required for interment and/or disinterment; information to be shown Depth of graves; removal of excess dirt; number of interments Sales of burial rights in city cemeteries 8-15 Definitions Establishment of policies; regulations Fee authority and types Filing of plats Markers Markers/monuments and decorations Marking of graves prior to memorial/ marker placement Ownership Ownership of burial spaces or rights Transfer of ownership Title Use of Zoning and land development (Chapter 27) Subdivision procedures Administrative provisions General provisions; administrative authority; definitions Cemetery; condominium plats CERTIFICATES Adult businesses Certification required for permit issuance Certificate of compliance with housing standards Section 19-5(a)(6) et seq. See: PROPERTY MAINTENANCE AND STRUCTURAL STANDARDS Certificate of occupancy Buildings. See herein that subject Certificate of occupancy and completion/ service utilities et seq. See: BUILDING CODE Certificates of occupancy Equal business opportunity program Small local business enterprise program Certification Women and minority business enterprise program Certification Inter-local agreement/certification et seq. See: BUILDING CODE Stormwater management certificate of construction Streets and sidewalks Certificates of indebtedness for repairs, etc et seq. Use and sale of fertilizers containing nitrogen and/or phosphorus Certification and training CERTIFICATES (Cont'd.) Wrecker regulation Certificate of eligibility required (b) Zoning and land development (Chapter 27) Historic District Design Review Barrio Latino Commission (Ybor City Historic District) et seq. Subdivision procedures Administrative provisions Certificates; documents; requirements; etc et seq. CERTIFIED PUBLIC ACCOUNTANTS Annual postaudit of city CESSPOOLS. See: SEPTIC TANKS CHAIN STORE WAREHOUSES Taxation Business tax Provisions re CHARITABLE ORGANIZATIONS Temporary structures for sales, receiving donations, etc See: STREETS AND SIDEWALKS et seq. CHARTER Definitions applicable throughout Code Ordinances saved from repeal (12) CHILDREN. See: MINORS Section CIGARS, CIGARETTES, ETC. City seal Use granted to cigar manufacturers under certain conditions CITATIONS Alternate arrest procedures CITY Definitions applicable throughout Code Ownership of public art Ownership of public records CITY ATTORNEY Claims against city Authority to dispose of Conflict of provisions, determination by attorney Discriminatory practices Civil action by aggrieved person or city attorney Enforcement by the city attorney CITY CLERK Deputy city clerks Duties generally Records management program et seq. See: PUBLIC RECORDS CITY COUNCIL Certain contracts to be approved by City clerk; duties generally

111 CODE INDEX CITY COUNCIL (Cont'd.) Definitions applicable throughout Code Ethics for public officials, employees City ethics code et seq. See: ETHICS CODE CITY PROPERTY. See: PROPERTY CITY SEAL Cigar manufacturers granted use under certain conditions City clerk's duties General restrictions Streets and sidewalks Signing and affixing seal to certificates of indebtedness CIVIC ORGANIZATIONS Temporary structures for charitable, civic or nonprofit corporations See: STREETS AND SIDEWALKS et seq. CIVIL ACTIONS Assessments for criminal justice education Civil penalties for certain traffic infractions City's action for relief Public accommodations, discrimination in et seq. Discriminatory practices; civil action on complaint CIVIL EMERGENCY Continuity of operations; continuity of government Declaration of a state of local emergency; duration; alteration and rescission Definitions Emergency management powers of the mayor Emergency operations center Evacuation levels established; specific restrictions authorized Specific restrictions authorized; exemptions CIVIL RIGHTS Human rights See: HUMAN RIGHTS Section 12-1 et seq. CLAIMS AGAINST CITY Authority of city attorney and risk manager to dispose of Section COASTERS Use on public and private property CODE ENFORCEMENT Municipal code enforcement board Administrative fines and costs of repair 9-11 Alternative code enforcement system Appeal Appointment, terms, residency requirements, and compensation of the special magistrates Challenges to inspection report Code enforcement procedures Composition, appointment, terms of members, residency requirements, removal, vacancies, organization, and compensation of code enforcement board Conduct of CEB and special magistrate hearings Conflict of interest Definitions Hearings Code violation hearings Liens Loss of jurisdiction Mandatory disclosures upon the transfer of property Notices Oath of office Powers of the CEB and special magistrates to review orders entered by the director of the department of code enforcement and procedures therefor Procedural powers of the CEB and special magistrates Rehearing Setting aside orders special magistrates created; authority of code enforcement board and special magistrates CODE ENFORCEMENT PROCEDURES (Supplemental) Applicability; nonapplicability Definitions; words defined Enforcement procedures Schedule of violations and penalties Supplemental enforcement tool Title CLERK. See: CITY CLERK CLINICS Pain management clinics et seq. See: BUSINESS REGULATION Reports on wounds by violence, drowning CODE OF ETHICS City ethics code See: ETHICS CODE et seq. CLUBS Discrimination in public accommodations. See: HUMAN RIGHTS et seq. 3133

112 TAMPA CODE CODE OF ORDINANCES* Administrative authority Delegation Generally Amendments Catchlines and headings Civil court actions for relief Collection of unpaid charges; interest Conflict of provisions Damage to city property Expenses incurred by city for repair, etc Definitions and rules of construction Definitions; words not defined Delegation of administrative authority Designated and cited Federal and state authority; jurisdiction General penalty History notes and references Injury to children by contractors, precaution against Inspections Liens for nonpayment of charges Official (mayor) Actions considered cumulative Administrative authority Delegation of administrative authority Ordinances saved from repeal Other penalties Probation for municipal ordinance violations Remedial nature of Code Repeal of ordinances, effect of Requirements not covered by Code Review Right of entry Severability Supplementation Violations Abatement by city forces Appeal (b) Cost; assessment against property; lien foreclosure (d) Notice (a) Termination of violation (c) General penalty Hearings by Code enforcement board CODES. See: TECHNICAL CODES COERCION Discriminatory practices; interference, coercion, or intimidation See: HUMAN RIGHTS COMBUSTIBLES. See: FLAMMABLES Section et seq. *Note The adoption, amendment, repeal, omissions, effective date, explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. COMMERCIAL PROPERTY. See: PROPERTY COMMERCIAL SOLID WASTE COLLEC- TION SERVICES FRANCHISE Applicability; requirement for franchise; term of franchise Application Denial of franchise application Requirements for a franchise Authority Basis for award of franchise Bond requirements Books, records and reporting requirements Definitions Enforcement procedures and legal remedies General provisions Inspections Insurance requirements Methods of Penalties for violation Requirement to execute a franchise agreement with the city; payment of franchise fees Right to appeal the denial, suspension or revocation of a franchise Suspension or revocation of franchise Title COMMITTEES AND COMMISSIONS. See: BOARDS, COMMITTEES AND COM- MISSIONS COMMUNICATIONS Cable communications et seq. See: CABLE COMMUNICATIONS Communications rights-of-way usage et seq. See: STREETS AND SIDEWALKS Telecommunication cable installations in right-of-way COMPREHENSIVE PLAN Comprehensive plan and concurrency management system See: PLANNING AND DEVELOPMENT Section et seq. COMPREHENSIVE PLAN AND CONCUR- RENCY MANAGEMENT SYSTEM Affordable housing advisory committee et seq. See: AFFORDABLE HOUSING Authority Beneficial use Concurrency information center Monitoring final development permits Concurrency management procedures Manual adopted Concurrency review procedures Concurrency determination for final development permit (2) Concurrency evaluation of preliminary development permit (1) Definitions

113 CODE INDEX COMPREHENSIVE PLAN AND CONCUR- RENCY MANAGEMENT SYSTEM (Cont'd.) Fees Legislative findings and intent Minimum requirements for concurrency Recognition of established levels of service in the comprehensive plan Vested rights procedure CONCERT HALLS Discrimination in public accommodations. See: HUMAN RIGHTS et seq. CONDEMNATION Landscaping, tree removal and site clearing Opening, widening or extending streets; condemnation proceedings , CONDOMINIUMS Zoning and land development (Chapter 27) Subdivision procedures Administrative provisions General provisions; administrative authority; definitions Cemetery; condominium plats CONFIDENTIAL INFORMATION City ethics code et seq. Use of confidential information CONFLICTS OF INTEREST Affordable housing advisory committee Conflict of interest City ethics code et seq. See: ETHICS CODE Code enforcement Conflict of interest Zoning and land development (Chapter 27) Historic District Design Review Barrio Latino Commission (Ybor City Historic District) (j) CONSERVATION Water conservation CONSTRUCTION DEBRIS Disposal CONSTRUCTION. See: BUILDINGS Section CONTRACTORS Building code requirements et seq. See: BUILDING CODE Definitions applicable throughout Code Equal business opportunity program Small local business enterprise program Sheltered markets; eligible contracts for et seq. Women and minority business enterprise program Bidders and contractors, requirements Eligible contracts CONTRACTORS (Cont'd.) Inter-local agreement/certification et seq. See: BUILDING CODE Minors Precaution against injury to Public improvement contracts et seq. See: PUBLIC WORKS AND IMPROVE- MENTS Refuse created by contractor's activity CONTRACTS AND AGREEMENTS Building code Construction documents et seq. See: BUILDING CODE Cable communication franchises, etc et seq. See: CABLE COMMUNICATIONS City clerk's duties Commercial solid waste collection services franchise Requirement to execute a franchise agreement with the city; payment of franchise fees Discriminatory practices; conciliation agreement Equal business opportunity program Small local business enterprise program et seq. Women and minority business enterprise program et seq. Firefighters and police officers pension contract et seq. See: PENSIONS AND RETIREMENT Franchise requirements Inter-local agreement/certification et seq. See: BUILDING CODE Ordinances saved from repeal (1), (2) Parties contracting with city City ethics code et seq. See: ETHICS CODE Police employment contract Public improvement contracts et seq. See: PUBLIC WORKS AND IMPROVE- MENTS Public service corporations Cash deposit or bond required for corporations operating under franchise Purchasing procedures generally et seq. See: PURCHASING Sewer commitment, connection or service Exclusion of service application considered contract Solid waste contracts with governmental agencies Supplementation of Code by contract Water commitment, connection or service Exclusion of service commitment considered contract Termination of contract CONTROLLED SUBSTANCES. See: DRUGS AND MEDICINES Section 3135

114 TAMPA CODE CONVENTIONS AND CONVENTION FACIL- ITIES Department of convention facilities Advisory board Created; organization; appointments; terms; compensation Functions and duties Director Established; jurisdiction Functions Public improvement contracts, procedures, etc et seq. See: PUBLIC WORKS AND IMPROVE- MENTS Temporary display and consumption of alcoholic beverages COUNCIL. See: CITY COUNCIL COUNTY Definitions applicable throughout Code COURTS City's action for relief Discriminatory employment practices Civil action by aggrieved person or city attorney Conciliation Notice of right to sue Procedure and authority Pattern or practice cases Prompt judicial action Reasonable cause determination Jurisdiction of county court Enforcement procedures Offenses Public nuisance abatement board Judicial review Parking violations Court action for failure to pay Penalties for failure to appear or pay fines as directed by court CRIMES. See: OFFENSES CRIMINAL HISTORY SCREENING PRAC- TICES Background checks Definitions Implementation Limiting provisions CURFEW Juvenile curfew ordinance Ybor City Child Protection Ordinance D Section DAMAGE TO PROPERTY Benches displaying advertising Defacing, injuring or removing City property, damage to Defacing, etc., poles DAMAGE TO PROPERTY (Cont'd.) Defacing or injuring parking meters Destruction, damage, etc., department of public works equipment or property Expenses incurred by city for repair, etc Prohibited Newsracks Injury, defacement, destruction, misuse or removal unlawful Property maintenance and structural standards Graffiti declared a public nuisance Notice of violation Temporary structures on sidewalks or other public places Liability of applicant for damages Traffic-control devices Injuring, defacing or removing Trash receptacles on sidewalks or other public places Injury, defacement, destruction, misuse or removal DAMS Water department dam Entering Hillsborough River within certain distance of dam prohibited DANCE HALLS Business regulation. See also that subject Dance hall supervisor Definitions Hours of operation Inspection Land Development Code Legislative findings, intent, and purpose Penalties and remedies Permits Appeals Expiration of permit Fees Required; application for permit Requirements for issuance of permit; posting Revocation Suspension Transfer of permit Persons age eighteen and over prohibited in juvenile dance hall Persons under eighteen prohibited in adult dance hall Public safety Fire (b) Security (a) Severability DANGER SIGNALS. See: BARRICADES AND LIGHTS Section 3136

115 CODE INDEX Section HOUSING (Cont'd.) Parking in front of residences Property maintenance and structural standards et seq. See: PROPERTY MAINTENANCE AND STRUCTURAL STANDARDS Roominghouse standards Sustainability ordinance et seq. See: ENERGY AND ENVIRONMEN- TAL DESIGN Trucks over certain width parked on residential streets Utilities et seq. See: UTILITIES HUMAN RIGHTS Administrative authority; powers and duties Brokerage services Unlawful housing practices Criminal history screening practices et seq. See: CRIMINAL HISTORY SCREEN- ING PRACTICES Definitions Disabled persons Unlawful housing practices Discovery orders Domestic partnership registry et seq. See: DOMESTIC PARTNERSHIP REG- ISTRY Employment discrimination Definitions ADA equal employment-related definitions adopted Enforcement Civil action by aggrieved person or city attorney Complaints and answers Conciliation Notice of right to sue Procedure and authority Pattern or practice cases Prompt judicial action Reasonable cause determination Exemptions Purpose Unlawful practices; exemptions ADA employment-related rules on permitted medical examinations, inquiries, and activities adopted ADA unlawful employment-related defenses adopted ADA unlawful employment-related practices adopted Unlawful employment practices Words defined Housing discrimination Definitions Purpose HUMAN RIGHTS (Cont'd.) Unlawful practices Brokerage services Interference, coercion, or intimidation Residential real estate-related transactions Sale or rental To disabled persons Words defined Human rights board Interference, coercion, or intimidation Enforcement Administrative enforcement By administrator By private persons By the city attorney Preliminary matters Exemptions Housing Powers and duties of administrative authorities Public accommodations, discrimination in Civil actions for preventive relief Definitions ADA public accommodations-related definitions adopted Enforcement Exemptions Purpose Unlawful practices ADA public accommodations-related unlawful practices adopted Residential real estate-related transactions Unlawful housing practices Sales, rentals Unlawful housing practices Subpoenas Title Words defined HYPODERMIC SYRINGES Disposal of IMPACT FEES Transportation impact fees See: TRANSPORTATION IMPOUNDMENT Immobilization or impoundment of unlawfully parked vehicles See: PARKING IMPRISONMENT. See: PRISONS AND PRIS- ONERS IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS I Section et seq et seq. 3149

116 TAMPA CODE INDEBTEDNESS Certificates of indebtedness for laying or repairing of sidewalks et seq. See: STREETS AND SIDEWALKS Department of revenue and finance Keeping regular books of accounts of indebtedness Director of finance Countersigning evidences of indebtedness Ordinances saved from repeal (1) INDECENCY AND OBSCENITY Bathhouses, unlawful acts Nudity et seq. See: NUDITY Prostitution et seq. See: PROSTITUTION INDEMNIFICATION Cable communications indemnity Newsracks Indemnification of city by applicant for damages Temporary structures on sidewalks or other public places Indemnification of city INDUSTRY Industrial wastewater discharge permit Property maintenance and structural standards for industrial structures , INFLAMMABLES. See: FLAMMABLES INFRASTRUCTURE Comprehensive plan and concurrency management system See: COMPREHENSIVE PLAN AND CONCURRENCY MANAGEMENT SYSTEM et seq. IN-LINE SKATES Use on public and private property INSECTS. See: PEST CONTROL Section INSPECTIONS Building code Duties and powers of building official Inspections Building code inspections See: BUILDING CODE Business inspections in general Business regulation Pain management clinics Inspection Code enforcement Challenges to inspection report Commercial solid waste collection services franchise Dance halls Section INSPECTIONS (Cont'd.) Fire prevention Activities subject to inspection Fire code compliance inspections Immobilization of vehicles on private property Installations, work, maintenance and improvements regulated by Code subject to inspection Landscaping, tree removal and site clearing Inspections and approvals Permits Final inspection Site inspection and site clearing; exemptions Property maintenance and structural standards Fees for special service inspections Site clearing. See herein: Landscaping, Tree Removal and Site Clearing Solid waste Private hauling company inspections Private service providers Inspection of records Stormwater management Operation and maintenance inspection fees Work to be inspected Streets and sidewalks Activities subject to inspection Taxation Business tax Records Inspection of books and records Transportation installations, work, etc.; inspections and other approvals Tree removal. See herein: Landscaping, Tree Removal and Site Clearing Utilities Grease management Facility inspections Utility tax records, inspection of Zoning and land development (Chapter 27) Historic District Design Review Barrio Latino Commission (Ybor City Historic District) Compliance with certificates of appropriateness Inspections and approvals by BLC (a) Subdivision procedures Administrative provisions Fee authority and types; permits; inspections et seq. 3150

117 CODE INDEX Section PARKING (Cont'd.) Nuisance declared for vehicles parked in violation Ordinances saved from repeal (5) Parade route parking Parking in city lots, garages, public streets and other property Parking meters Defacing or injuring Director's duty to maintain; operation Hours of operation Installation Operators of vehicles to actuate Parking beyond time fixed for vehicle Reservation of meter spaces Slugs, etc., deposited in meters Taxicabs, buses, vehicles for hire parked in meter areas Zones Penalties Contesting violation Court action for failure to pay Failure to appear or pay fines as directed by court Generally Immobilization or impoundment Disposition of unrecovered impounded vehicles Generally Hearings for post-immobilization/impoundment Release of vehicle Removal of immobilizing device Nuisance declared for vehicles parked in violation Ticket cancellation privileges Permits Business parking permits and decals Denial, honoring and revocation of permits Reservation of meter spaces; removal of meters, posts or signs Residential parking permit only area Special parking permits Residential districts Parking in front of residences Trucks over certain width parked on residential streets Right-of-way, parking on Spaces Designated spaces, parking within Freight, loading and unloading spaces restricted Marking of Reservation of meter spaces Trucks occupying more than one Taxicabs Parking in parking meter areas Vehicles parking in taxicab stands Section PARKING (Cont'd.) Ten feet of roadway to remain open for vehicular traffic Ticket cancellation privileges Title Trucks Occupying more than one space Parking trucks over certain width on certain streets prohibited Unloading. See herein: Freight, Loading and Unloading Spaces Vehicles for hire Other vehicles parking in stands Parking in meter area Vending, vehicle parked for Violations. See herein: Penalties Zones Parking meter zones Zoning and land development (Chapter 27) Supplemental regulations Access, parking and loading Zoning requirements for off-street parking and loading. See: ZONING PARKING LOTS Parking in city lots, garages, public streets and other property PARKS AND RECREATION Activities. See herein: Facilities and Activities Background checks required City marinas, mooring fields, and jurisdictional waters Anchoring or mooring in mooring fields and jurisdictional waters Designation of (a) Emergencies (b) Violations and penalties (c) Houseboats, restrictions on Pollution of waters Scope Signs on docks, slips, gangways and grounds Spears or harpoons, use of Storage of equipment Trespassing Watercraft or vessels Fees; revocation of permit; abandoned Houseboats, restrictions on Incoming; report and registration of Maintenance of Repairing Cooperation with other counties and municipalities Dedicated parks List

118 TAMPA CODE Section PARKS AND RECREATION (Cont'd.) No referendum required for park related uses, public purpose uses, or governmental uses; renewal of certain leases; and public utility easements No referendum required to add property or delete certain property Referendum required Definitions Facilities and activities Advertising, publicity, and signs Aircraft and parachuting Alcoholic beverages Animals Boating Commercial activity Firearms and toy firearms Fireworks and explosives Fishing and crabbing Golfing Horseback riding Noise and disturbance of the peace Operating hours Organized athletic activities Picnic areas Plant and wildlife, protection and preservation of Prohibited activities Public demonstrations, gatherings, performances, and speeches Rubbish and pollution of waters, deposits of Sleeping, camping, or lodging Smoking and tobacco products Swimming Vehicles, regulation of within parks Fees Generally Tree trust fund Watercraft or vessels Landscape area trust fund established Licenses and permits. See herein: Permits and Use Regulations Littering in parks and public places , Loitering Marinas. See herein: City Marinas Officers and employees Law enforcement officers and authorized park officials/personnel, authority of Parks and recreation department director. See herein that subject Right of entry Unfinished or withheld parks Parks and recreation department director Powers and duties Specific activities, designation of areas Penalty for violation PARKS AND RECREATION (Cont'd.) Permits and use regulations Facility use permits Miscellaneous permits/use regulations Banner permits (c) Concessionaire agreements (b) Merchandising, vending, and peddling permits (a) Special events Right of entry Special events Park closures; temporary, complete or partial Specific activities, designation of areas Tree trust fund Established Fees Trespassing Unfinished or withheld parks Watercraft Boating City marinas. See herein that subject PAVING Streets and sidewalks generally See: STREETS AND SIDEWALKS 22-1 et seq. PEDDLERS, CANVASSERS AND SOLICI- TORS Solicitation and distribution on public roads Solicitation regulation PENALTIES. See: FINES, FORFEITURES AND OTHER PENALTIES PENSIONS AND RETIREMENT Firefighters and police officers pension Contract execution authorized Miscellaneous ordinances not affected by Code Pension contract Pension contract for new members as of October 16, Supplemental pension contract Additional benefits Generally Limits set forth in section 415 of Internal Revenue Code PERFORMANCE BONDS. See: BONDS, SURETY OR PERFORMANCE PERFORMANCES Public improvement contracts, procedures, etc See: PUBLIC WORKS AND IMPROVE- MENTS PERMITS. See: LICENSES AND PERMITS Section 20-1 et seq. PERSON Definitions applicable throughout Code

119 CODE INDEX Section UTILITIES (Cont'd.) Mandatory private water connection in the aquifer storage and recovery area Certain water discount stipends Connections and meters as premitigation for existing private wells within the aquifer storage and recovery area Post-mitigation of affected connections for existing irrigation well owners within the aquifer storage and recovery area Notice to owner to disconnect Prohibited; exceptions Separate connection required for each building or structure Violation Property owner's responsibility Conservation Contracts Execution of service commitment considered contract Termination by customer Dam of water department Persons entering into Hillsborough River near Damage, destruction, etc., to equipment of department Definitions Discontinuance of service Illegal connections; discontinuance of service Dual system of pipes required on property where water furnished by city and by private supply Fees. See within this subheading: Rates, Fees and Charges Fire hydrants; fire protection systems Private hydrants Requirements Use for other than firefighting purposes Furnishing water to another person by customer Irrigation Leaks on private property Responsibility for loss Mains Distribution mains Extension by city at city's cost Installation inside and outside city limits Private water mains placed under streets Meters Accessibility to customer meter installations Installation inside and outside city UTILITIES (Cont'd.) Pressure Guarantee not required Liability for damages due to low pressure Rates, fees and charges Generally (e) Installation charges, connection fees and other fees (f) Water rates (d) Reclaimed water Liability for damages and/or loss Service. See within this subheading: Commitment, Connection or Service Tanks in which city water is discharged Location and construction Title Turning off water Right of city; fee for restoration Water conservation. See: WATER SUPPLY AND DISTRIBUTION Zoning and land development (Chapter 27) Subdivision procedures Technical provisions Specific technical requirements Underground utilities V Section VACANT PROPERTY Offensive matter placed or permitted on vacant lots, etc Property maintenance standards for vacant structures Generally Owner's responsibilities Solid waste placed on vacant lots VARIANCES Driveway construction variances Flood control board and variance procedures Conditions for granting variances Landscaping, tree removal and site clearing Variances, boards authorized to grant Zoning and land development (Chapter 27) Historic District Design Review Barrio Latino Commission (Ybor City Historic District) Variance; authority; application; notice; criteria; decision; stay; denial; review; expiration of variance Variance review board procedures (nonhistoric district) VEGETATION Garden trash disposal

120 TAMPA CODE VEGETATION (Cont'd.) Landscaping, tree removal and site clearing et seq. See: LANDSCAPING, TREE REMOVAL AND SITE CLEARING Nuisances Excessive undergrowth, weeds, etc VEHICLES FOR HIRE Parking in parking meter areas Stands, other vehicles parking in VENDING Newsracks et seq. See: STREETS AND SIDEWALKS On-line vendor (bidder) system Vehicle parked for vending purposes VENTILATION Property maintenance and structural standards. See also that subject Commercial, business, institutional and industrial structure maintenance Dwelling standards generally VIBRATION Offensive conditions declared public nuisance VIOLATIONS Abatement of violation by city forces Appeal (b) Cost; assessment; lien foreclosure (d) Notice (a) Termination of violation (c) City's authority to initiate action in appropriate court Code enforcement board hearings General penalty Habitual violators Penalties for specific acts, omissions, offenses, violations, etc. See specific subjects as indexed VIOLENCE Reports on wounds by violence, drowning VISIBILITY OBSTRUCTIONS Buildings or structures erected in accordance with provisions Sight obstructions Trees, shrubbery, etc., obstructing vision of drivers VOTING General regulations re elections. See: ELEC- TIONS Voting conflict restrictions City ethics code See: ETHICS CODE Section et seq. W WAREHOUSES Taxation Business tax Chain store warehouses WARNING DEVICES AND SIGNALS Guards and danger signals for disturbing pavement or sidewalk Tearing down or removing barricades or signboards WASTE. See: SOLID WASTE WASTEWATER Wastewater department See: UTILITIES WATER CLOSETS. See: BATHROOMS et seq. WATER SUPPLY AND DISTRIBUTION Dwelling standards. See also: PROPERTY MAINTENANCE AND STRUC- TURAL STANDARDS General standards Electricity, metered and bottled gas, water and communications services tax et seq. See: TAXATION Flood resistant construction et seq. See: FLOOD RESISTANT CONSTRUC- TION Reclaimed water Connection to system Plumbing permits and inspections Discontinuance of service Emergency Enforcement Hose connections and prohibited actions Inspection Intent Interruption of service by city Title Uses and prohibited uses of reclaimed water Water loss from leaks on private property City not responsible for Utilities Generally et seq. Wastewater department et seq. Water utilities et seq. See: UTILITIES Water conservation Application (a) Definitions (b) Water conservation fund (f) Water use restrictions (c) Enforcement of; penalties (e) Variances (d) WATERCRAFT. See: BOATS, DOCKS AND WATERWAYS Section 3188

121 CODE INDEX WATERWAYS. See: BOATS, DOCKS AND WATERWAYS WEAPONS. See: FIREARMS AND WEAP- ONS WEEDS AND BRUSH Garden trash disposal Nuisances Excessive undergrowth, weeds, etc., declared public nuisance WETLANDS Zoning and land development (Chapter 27) Supplemental regulations Natural resources Wetlands protection and buffer WHITE WALKING CANES. See: BLIND PER- SONS WINDOWS Property maintenance and structural standards. See also that subject Commercial, business, institutional and industrial structure maintenance Dwelling standards generally Vacant structure standards WINE. See: ALCOHOLIC BEVERAGES WIRES. See: POLES AND WIRES WOMEN Cable television employment requirement 7-10 Gender; rules of construction applicable throughout Code Human rights et seq. See: HUMAN RIGHTS WOMEN AND MINORITY BUSINESS EN- TERPRISE PROGRAM. See: EQUAL BUSINESS OPPORTUNITY PROGRAM WRECKERS Regulation Response to accident; use of police radio Wrecker rotation list and system established; administration WRITS, WARRANTS AND OTHER PRO- CESSES Arrest without warrant; alternate procedures Y Section YARD WASTES (Cont'd.) Solid waste disposal. See also: UTILI- TIES YARDS AND OPEN SPACES Landscaping, tree removal and site clearing See: LANDSCAPING, TREE REMOVAL AND SITE CLEARING 13-1 et seq. YBOR CITY HISTORIC DISTRICT Off-premises canvassing in the Ybor City Historic District Legislative findings; intent and purpose Notice of violation of Chapter 6, Article III, Division 8, Off-Premises Canvassing in the Ybor City Historic District Permit non-transferable; limitation on number, renewal Permit requirement; application for a permit; issuance Prohibited in certain areas Violation of Division Ybor City Historic District, regulations in the Zoning and land development (Chapter 27) Historic District Design Review Barrio Latino Commission (Ybor City Historic District) Z Section ZONING (Generally) Adult businesses Certification required for permit issuance Alcoholic beverages Classifications of zoning Art in public places et seq. See: PUBLIC ART Fire prevention Fire limits established Flood resistant construction Flood hazard reduction standards Areas of shallow flooding (AO zones) Ordinances saved from repeal (6) Taxation Business tax Compliance with zoning, fire, health and police regulations Transportation impact fees et seq. See: TRANSPORTATION YARD SALES. See: GARAGE AND YARD SALES YARD WASTES Special wastes disposal Garbage and trash disposal. See: GAR- BAGE AND TRASH 3189 [The next page is 3193]

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123 CODE INDEX Section ZONING AND LAND DEVELOPMENT (Chapter 27) (Cont'd.) Historic District Design Review (Cont'd.) Architectural Review Commission (other locally designated historic districts) (Cont'd.) Certificate of appropriateness; review of work on locally designated landmarks, landmark sites and property in multiple property designations, historic conservation overlay districts and historic districts (Cont'd.) Approach taken by the ARC in reviewing an application (j) Contents of an application and staff report (c) Decision (g) Denial (h) Notice (d) Petition for review of the decision on a certificate of appropriateness (i) Requirement for other permits and approvals (n) Review criteria (k) Stay (e) Work requiring a certificate of appropriateness (a) Compliance with certificates of appropriateness Failure to comply or obtain certificate or approval (b) Inspections and approvals by the ARC (a) Stop work orders during construction, relocation or demolition (c) Intent and declaration of public policy Maintenance and repair of landmarks, landmark sites and property in historic districts, multiple property designation or conservation overlay district Control of demolition by neglect of contributing structures within local historic districts or those structures designated as local landmarks (d) Emergency conditions (e) Ordinary maintenance and repairs (c) Other laws and regulations (f) Prevention of demolition by neglect (a) Ways to improve the condition of the property (b) Powers and duties of the ARC and ARC staff Power and duties of the ARC administrator and staff (b) Section ZONING AND LAND DEVELOPMENT (Chapter 27) (Cont'd.) Historic District Design Review (Cont'd.) (Cont'd.) Architectural Review Commission (other locally designated historic districts) (Cont'd.) (Cont'd.) Powers and duties of the ARC and ARC staff (Cont'd.) Powers and duties of the ARC (a) Variance; authority; application; public notice; criteria; decision; stay; denial; review; expiration of variance Barrio Latino Commission (Ybor City Historic District) Applications for certificate of appropriateness to demolish or relocate; preapplication determinations of historic status; administration; notice; decision; stay; denial; review; review criteria; demolition by neglect; predemolition requirements Action on application (f) Application (a) Archival information and access required when demolition approved (j) Contents of application (c) Decision (g) Denial (h) Notice (d) Review (i) Review of initial determination of historic significance (b) Stay (e) Approvals by BLC administrator Barrio Latino Commission Attendance at meetings (g) Conflict of interest (j) Creation (a) Meetings (f) Membership (b) Minutes and annual report (i) Officers (d) Rules of procedure (h) Staff (e) Tenure (c) Barrio Latino Commission review of certificates of appropriateness and review by historic preservation development review committee Certificate of appropriateness; review of work on property in Ybor City Historic District Action on application (f) Additional criteria on new construction, additions, or expansions 27-98(l) 3195

124 TAMPA CODE Section Section ZONING AND LAND DEVELOPMENT (Chapter 27) (Cont'd.) Historic District Design Review (Cont'd.) (Cont'd.) Barrio Latino Commission (Ybor City Historic District) (Cont'd.) Certificate of appropriateness; review of work on property in Ybor City Historic District (Cont'd.) Applicants seeking federal rehabilitation tax incentives; resolution conflicts (o) Application made to BLC (b) Applications required from city, public utility and transportation companies (m) Approach taken by BLC in reviewing application (j) Contents of application and staff report (c) Decision (g) Denial (h) Notice (d) Requirement for other permits and approvals (n) Review (i) Review criteria (k) Stay (e) Work requiring certificate of appropriateness (a) Compliance with certificates of appropriateness Failure to comply or obtain certificate or approval (b) Inspections and approvals by BLC (a) Stop work orders during construction, relocation or demolition (c) Historic district established Generally (a) Historic district boundaries and subdistricts shown on zoning atlas (b) Lot of record established (e) Official schedule of area, height, bulk and placement regulations (d) Official schedule of permitted and permissible special uses within the Original Ybor City Historic District (c) Intent Maintenance and repair of landmarks, landmark sites and property in historic districts, multiple property designation or conservation overlay district Control of demolition by neglect of contributing structures within local historic districts or those structures designated as local landmarks (d) Emergency conditions (e) Ordinary maintenance and repairs (c) Other laws and regulations (f) Prevention of demolition by neglect (a) Ways to improve the condition of the property (b) Powers and duties of BLC and BLC staff Power and duties of BLC administrator and staff (b) Powers and duties of BLC (a) Signs and other encroachments in the Ybor City Historic District Encroachments (b) Signs (a) Termination of certain uses Variance; authority; application; notice; criteria; decision; stay; denial; review; expiration of variance Application (b) Authority (a) Criteria (d) Decision (e) Denial (g) Expiration of variance (i) Notice (c) Review (h) Stay (f) Historic preservation Architectural review commission Generally Barrio Latino Commission Citizens Advisory Committee for El Centro Espanol de Ybor Generally Compensation (d) Composition; appointment; terms of members; removal; vacancies (b) Conflict of interest (e) Establishment of committee (a) Organization; conduct of meetings; legal counsel to the committee (c) Powers and duties of the El Centro CAC City of Tampa Preservation Board Appeal from decision of the HPC Applications to review initial designation of contributing status Change in designation status of building, structure, or object as contributing or noncontributing

125 CODE INDEX Section ZONING AND LAND DEVELOPMENT (Chapter 27) (Cont'd.) Historic preservation (Cont'd.) City of Tampa Preservation Board (Cont'd.) Applications to review initial designation of contributing status (Cont'd.) Redesignation of buildings, structures, or objects relocated into or within historic districts or historic conservation overlay districts Design standards Existing district (b) New district (a) Economic hardship Administrator's report (d) Application for determination of economic hardship (a) Application form (b) Decision on an application for determination of economic hardship (f) Independent reports (c) Public hearing by the HPC (e) Emergency actions to protect buildings, sites, structures or objects meeting the criteria for designation City council public hearing and findings of fact (c) HPC public hearing and findings of fact (b) Review by the staff of the threat (a) Historic preservation commission Generally Compensation (h) Conflict of interest (i) Creation (a) Meetings (e) Minutes and annual report (g) Officers (c) Rules of procedure (f) Staff (d) Term and eligibility (b) Interstate Historic Preservation Trust Fund Landmark site Section

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