Sec. 27-132. - Regulations governing individual special uses.
The following specific use standards for individual special uses shall be applied by the city council or the zoning administrator, as appropriate, in deciding applications for approval, in addition to the general standards listed above in this article:
Accessory dwelling unit. The following specific standards shall be used in deciding an application for approval of this use:
a. An accessory dwelling unit shall be limited to a maximum of nine hundred fifty (950) square feet of living space.
b. An accessory dwelling unit may only be approved when the property owner resides on the property.
c. An accessory dwelling unit may be located within the single-family dwelling with a separate entrance, within a conforming accessory structure, or within a nonconforming accessory structure in accordance with article VII of this chapter.
d. At no time may the number of unrelated occupant(s) of an accessory dwelling unit exceed two (2).
e. The special use permit shall be reviewed annually by staff and if any conditions change, a new special use permit will be required.
Adult use. The following specific standards shall be used in deciding an application for approval of this use:
a. Location:
1. No adult use shall be located within five hundred (500) feet of any residential or office district.
2. No adult use shall be located within one thousand (1,000) feet of any other adult use.
3. Distance shall be measured from property line to property line along the shortest distance between property lines without regard to the route of normal travel.
b. All windows, doors, openings, entries, etc., for all adult uses shall be located, covered, screened or otherwise treated so that views of the interior of the establishment are not possible from any public or semipublic area, street or way.
c. Waivers. No waivers of the specific standards set forth above shall be permitted.
Air conditioned storage. The following specific standards shall be used in deciding an application for approval of this use, except when located within the Central Business District:
a. There will be a single, common entry into the building with customer parking in a congregate area.
b. Individual exterior access to separate storage facility is prohibited.
c. Storage will be limited to record retention or personal household items.
d. Storage areas will not be used for short term storage or as a distribution center (i.e., entry in and out on a daily basis).
e. No more than the minimum required number of loading spaces will be allowed per section 27-283.14, Tampa Code.
The following specific standards shall be used in deciding an application for approval of this use within the Central Business District:
a. This use may only be established within a mixed use project that contains at least two (2) uses, one (1) of which must be residential;
b. This use shall not exceed forty (40) percent of the project square footage;
c. This use must be integrated with the structural system of the principal building, or, for projects with multiple buildings, integrated with the structural system of one (1) of the principal buildings;
d. No customer related business or retail operations shall be permitted within or operated from the individual storage units;
e. This use may only be located in the Central Business District on properties north of Harrison Street;
f. This use shall not be located at the ground level, except that entrance and loading functions can occur at the ground level; and
g. The storage of hazardous materials other than materials common in household use and in retail and commercial businesses such as ordinary detergents and other cleaning materials, cosmetics, paints and adhesives, automotive fluids in small quantities, and other such materials, shall be prohibited.
Alcoholic beverage sales (all types): All applications shall comply with parking requirements, in effect at the time of the application, and contained in the applicable section of this chapter.
(a) Applications processing as an S-1. When processed as an S-1 permit, the zoning administrator shall only approve the application if it is consistent with the applicable specified use standards contained below:
(1) Hotel with one hundred (100) plus rooms (on premises only):
a. Sales shall be incidental to a hotel with one hundred (100) plus rooms.
b. Sales only allowed with an "S" license from the state (no waivers shall be granted by the city).
c. No outdoor amplified sound.
d. Sales area shall not be located within a parking or loading area or space.
(2) Bowling alley with twelve (12) plus lanes (on premises only):
a. Sales shall be incidental to a bowling alley with twelve (12) plus lanes.
b. Sales only allowed with an "SBX" license from the state (no waivers shall be granted by the city).
c. No outdoor amplified sound.
d. Sales area shall not be located within a parking or loading area or space.
(3) Shopper's goods/convenience/gasoline/specialty retail/craft distillery-retail (package only):
a. Sales shall be incidental to shopper's goods, convenience/gasoline retail, specialty retail, or craft distillery-retail.
b. Sales only allowed with a license from the state as follows (no waivers shall be granted by the city):
1. "1-APS" or "2-APS," or
2. "3-PS" (incidental to shopper's goods retail only).
3. "DD" or "ERB" (incidental to craft distillery only).
4. Sales area shall not be located within a parking or loading area or space.
(4) Bar/lounge/nightclub [only those located within Central Business District (CBD)]:
a. No outdoor amplified sound after 1:00 a.m.
b. No more than three (3) of this use type per city (CBD) block.
c. Sales area shall not be located within a parking or loading area or space.
(5) Special restaurant (on premises only):
a. Hours of operation shall be limited to 11:00 p.m. (Sunday—Wednesday) and 1:00 a.m. (Thursday—Saturday), except within the following specific areas: Central Business District, Channel District, Ybor City Local Historic District, and West Shore Business Center (as defined in the Tampa Comprehensive Plan). Within these specific areas, the hours of operation follow Chapter 14 regarding hours for sales of alcoholic beverages.
b. Sales only allowed with an "SRX," "1-COP," or "2-COP" license from the state (no waivers shall be granted by the city).
c. Outdoor amplified sound is permitted until 11:00 p.m., unless within a large-scale commercial development of five hundred thousand (500,000) square feet or more of gross floor area (not including residential or office floor area).
d. Sales area shall not be located within a parking or loading area or space.
(6) Temporary. Applications that meet the following minimum criteria shall be processed as an S-1; no waivers shall be granted by the city for temporary permits.
a. Applicant shall be a bona fide non-profit or governmental organization;
b. Approvals shall be limited to on premises consumption only, and only on land(s) that meet the following criteria:
1. Land(s) that are public right-of-way, subject to (g) and (h) below,
2. Land(s) that maintain a non-residential zoning district; or
3. Land(s) on which a legal conforming or legal nonconforming, non-residential use is located, on a zoning lot, within a residential zoning district;
c. Approvals shall not be granted for a period longer than three (3) consecutive days;
d. Approvals shall not be granted more than three (3) times in any one (1) calendar year to any one (1) organization;
e. Sales shall cease at 12:00 a.m.; except that on December 31 of each year, sales shall cease at 2:00 a.m. on the following day (January 1);
f. All net profits from sales of alcoholic beverages collected during the approval period must be retained by the nonprofit or governmental organization;
g. No applications for temporary sales on property owned or held in the public trust by the City of Tampa shall be accepted unless there is a letter consenting to such application issued by the Office of the Mayor of the City of Tampa;
h. If any portion of the event is on property owned by the City of Tampa or within any right(s)-of-way owned and/or maintained by the city, an original certificate of insurance naming the City of Tampa as an additional insured (or a copy of the insurance certificate if the original is on the file with the department of public works for a special event) showing a commercial general liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), a liquor liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), and an aggregate limit of two million dollars ($2,000,000.00) must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the city. All insurance policies must be signed by the authorized representative of the insurance company. Cancellation or modification of the insurance policy requires a thirty-day written notification to the city. During the term of the permit, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and employees for recovery damages to the extent such damage is covered under the commercial general liability or liquor liability insurance policies;
i. Security services: Security services shall be secured and documented prior to approval of a temporary AB permit consistent with the security services requirements set forth in Chapter 28, section 28-26(7)a. Exhibit I. There shall be no waivers to this provision granted by the city.
(7) Sidewalk café. Applications that meet the following minimum criteria shall be processed as an S-1; no waivers shall be granted for temporary permits.
a. Permits shall not be issued until such time the right-of-way permit is issued by the transportation division for a sidewalk café. Approvals shall not be granted for a period longer than one (1) calendar year and if granted, shall be valid for the same timeframe as the right-of-way permit for sidewalk cafés
b. Permits may be renewed by the zoning administrator, subject to the criteria herein, on an annual basis;
c. Approvals shall only be granted for an alcoholic beverage classification which is less than or equal to the alcoholic beverage zoning classification assigned to the establishment adjoining the sidewalk café, and shall be limited to on premises consumption only;
d. For sidewalk café sales, an original certificate of insurance naming the City of Tampa as an additional insured showing a commercial general liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), a liquor liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), and an aggregate limit of two million dollars ($2,000,000.00) must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the city. All insurance policies must be signed by the authorized representative of the insurance company. Cancellation or modification of the insurance policy requires a thirty-day written notification to the city. During the term of the approval, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and employees for recovery damages to the extent such damage is covered under the commercial general liability or liquor liability insurance policies;
e. Sidewalk cafés are not permitted to have outdoor amplified music;
(8) Sports team. Applications that meet the following minimum criteria shall be processed as an S-1 (Annual Permit).
a. Applicant shall be a club or team with membership in a national professional sports league;
b. Approvals shall be limited to on premises consumption only, and only on facilities that are located on land(s) that meet the following criteria:
1. Land(s) that are controlled or owned by a governmental entity, and
2. Land(s) that are no less than fifteen (15) acres;
c. Approvals will expire one (1) year after the approvals date and may not be renewed; provided, however, that an applicant may file a new application for a new approval;
d. Sales may only occur on game or match days that are identified on a schedule provided with the application that, if approved, will constitute part of the approval;
e. An approval granted under this subsection (8) will be deemed to have expired if the applicant ceases operations on the property or if the applicant's right to occupy the property is terminated;
f. Sales shall cease at 12:00 a.m.;
g. No applications for property owned or held in the public trust by the City of Tampa shall be accepted unless there is a letter consenting to such application issued by the Office of the Mayor of the City of Tampa;
h. If any portion of the event is on property owned by the City of Tampa or within any right(s)-of-way owned and/or maintained by the city, an original certificate of insurance naming the City of Tampa as an additional insured (or a copy of the insurance certificate if the original is on the file with the department of public works for a special event) showing a commercial general liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), a liquor liability insurance policy with a limit of no less than one million dollars ($1,000,000.00), and an aggregate limit of two million dollars ($2,000,000.00) must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the city. All insurance policies must be signed by the authorized representative of the insurance company. Cancellation or modification of the insurance policy requires a thirty-day written notification to the city. During the term of the permit, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and employees for recovery damages to the extent such damage is covered under the commercial general liability or liquor liability insurance policies; and
i. Security services: Security services shall be secured and documented prior to approval of an annual AB permit consistent with the security services requirements set forth in chapter 28, section 28-26(7)a. Exhibit I. There shall be no waivers to this provision granted by the city.
(b) Applications processing as an S-1 with OP-1 zoning. When processed as an S-1 permit, the zoning administrator shall only approve the application if it is consistent with the applicable specified use standards contained below. For alcoholic beverage sales types, with OP-1 zoning, not specifically listed in this subsection, applications shall comply with the specific, applicable criteria set forth in (a) above or (c) below:
(1) Distance separation requirements for applications processing as an S-1 with OP-1 zoning. Applications shall follow the distance separation requirements set forth below. Distance measurements shall be measured in a straight line distance from the boundary of the Alcoholic Beverage Sales Area ["AB Sales Area"] to the property boundary of the specified surrounding use as follows:
a. Two hundred fifty (250) feet from single-family residential uses.
b. Two hundred fifty (250) feet from places of religious assembly.
c. Two hundred fifty (250) feet from elementary, middle and/or secondary school.
(2) Vehicular access requirements for applications processing as an S-1 with OP-1 zoning. The subject property shall maintain direct access to an arterial road.
(3) Additional Specific use criteria for applications processing an S-1 with OP-1 zoning.
a. Bar/lounge/nightclub [only those located within the Westshore Overlay District boundary]:
1. No outdoor amplified sound after 1:00 a.m.
2. No more than three (3) of this use type within a common building.
3. Sales area shall be located within a building that contains at least two (2) uses.
4. Sales area shall not be located within a parking or loading area or space.
b. Shopper's goods/convenience/gasoline/specialty retail/craft distillery-retail (package only):
1. Sales shall be incidental to shopper's goods, convenience/gasoline retail, specialty retail, or craft distillery-retail.
2. Sales only allowed with a license from the state as follows (no waivers shall be granted by the city):
i. "1-APS" or "2-
APS," or
ii. "3-PS" (incidental to shopper's goods retail only).
iii. "DP" or "ERJB" (incidental to craft distillery only).
iv. Sales area shall not be located within a parking or loading area or space.
c. Restaurant (on premises only): Sales area shall not be located within a parking or loading area or space.
(c) Applications processing as an S-2. When processed as an S-2 permit, city council shall consider the application's consistency with the applicable general standards set forth in section 27-129 and the following standards:
(1) Distance separation requirements.
a. Unless more specific separation requirements are set forth in (b)(1) above or (2) below, those applications that process as an S-2 permit shall follow the distance separation requirements set forth in (1)b. The distance separation requirements are based on the geographical location of the subject property in relation to the city form location, as defined in the Tampa Comprehensive Plan.
b. Distance separation requirements. Distance measurements shall be measured in a straight line distance from the boundary of the Alcoholic Beverage Sales Area ["AB Sales Area"] to the property boundary of the specified surrounding use as follows:
1. Within the Business Centers (Westshore & USF only): Two hundred fifty (250) feet from residential uses.
2. Within the Urban Villages: Two hundred fifty (250) feet from other AB Sales establishments.
3. Along Mixed Use Corridor Villages: Two hundred fifty (250) feet from residential uses, two hundred fifty (250) feet from other AB Sales establishments
4. All other areas of the City: One thousand (1,000) feet from residential uses, institutional uses, and other AB Sales establishments.
(2) When processed as an S-2 permit, city council shall grant waivers if they find that the application, after granting the waiver, is consistent with the applicable general standards set forth in section 27-129.
a. Bar/lounge/nightclub:
1. Maintain one thousand foot (1,000) distance separation from all residential and institutional uses and other AB Sales establishments.
2. No outdoor amplified sound is permitted, unless within a large-scale commercial development of five hundred thousand (500,000) square feet (not including residential or office floor area).
3. Sales area shall not be located within a parking or loading area or space.
b. Restaurant (on premises only): Sales area shall not be located within a parking or loading area or space.
c. Large venue:
1. In addition to the provisions below, all large venues, which do not have a "full kitchen," must include the following items as part of the application and placed on the development site plan:
i. Business hours of operation.
ii. If within Channel District, Central Business District, or Ybor City Historic District, provide security plan for the establishment and any parking facility, see section 27-317.
iii. If within Channel District, Central Business District, or Ybor City Historic District, provide a noise attenuation plan which addresses how noise will be controlled to meet the requirements of the noise ordinance.
The information submitted pursuant to this subsection will be attached to the special use permit as conditions and subject to section 27-130.
For purposes of this section, "full kitchen" shall mean having commercial grade burners, ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchens must contain grease trap interceptors, and meet all applicable city, county and state codes.
2. Sales area shall not be located within a parking or loading area or space.
d. Small venue. The following specific standards shall be used in deciding an application for approval of this use: Sales area shall not be located within a parking or loading area or space.
(d) All permits issued after April 1, 2011, shall keep on site, a copy of the adopted ordinance and associated site plan ("alcoholic beverages sales permit").
Auto rental. The following specific standards shall be used in deciding an application for approval of this use:
a. Auto rental shall be limited to non-commercial automobiles, SUV's, and vans.
b. No more than twenty (20) rental vehicles shall be stored on the property at one time.
c. Storage areas for vehicles to be rented shall be located in the rear of the building and screened from the view of rights-of-way with a solid one hundred (100) percent opaque fence.
d. The parking area for employees and customers using rental services may be located in the front or side of the building. However, rental vehicles may not be stored in any parking lot within view of rights-of-way.
e. Accessory uses may include car wash, cleaning and preparation and minor vehicle repairs for rental vehicles only, and such activities shall be located in the rear of the building and screened from the view of rights-of-way with a solid one hundred (100) percent opaque fence.
f. The property shall contain a minimum of ten thousand (10,000) square feet.
g. The use shall comply with applicable special district and/or overlay district standards.
Bank. The following specific standards shall be used in deciding applications for the approval of this within the Ybor Historic District.
a. The bank special use must be located in a mixed-use development and within its commercial area. Mixed use development is used herein to describe development that typically includes residential and neighborhood services, and office or commercial uses, but does not consist of freestanding solely commercial or solely retail developments.
b. Its area shall be limited to five thousand (5,000) square feet of gross floor area per zoning lot, and located on the ground floor.
c. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
d. An exterior automated teller machine may be located at the bank, provided the machine is limited to pedestrian access only.
e. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
Bank, drive-in. Within the following identified districts, the specific standards set forth below shall be used in deciding an application for approval of this use. In any other district in which this use is a special use, the standards required for the use identified as "drive-in window" shall apply.
Channel District:
1. A drive-in bank shall only be permitted as an accessory use to a bank which is a principal use on the same zoning lot.
2. Approval of this use within the Channel District shall be limited to the three (3) drive-throughs for each zoning lot having at least twenty thousand (20,000) square feet in area.
3. Adequate queuing space shall be provided according to City of Tampa Department of Public Works Standards.
4. In reviewing this special use, the zoning administrator shall consider and base his decision on the goals of the "The Channel District, A plan for the future" (August 1993). Specifically, the approval of this special use shall not interfere with the pedestrian focus and water-oriented character of the District, shall support a diversified Channel District and shall be consistent with the design guidelines of the district. The site plan must demonstrate how pedestrian impact is minimized by at least one (1) of the following methods:
i. There is an additional ten (10) percent green space provided on site above the minimum required green spaces required pursuant to section 27-285, City of Tampa Code.
ii. Required perimeter trees, pursuant to section 27-285 of the City of Tampa Code, shall be a minimum four (4) inches in diameter when measured at six (6) inches above grade and eighty (80) percent of the recommended trees planted on the parcel shall be shade trees.
iii. An alternative method of mitigation may be approved by the zoning administrator, with the advice of the city planning department, provided the proposed method promotes the pedestrian focus of the abutting right-of-way.
5. Any structural canopy or cover over the drive-through lanes must be designed to architecturally compliment the main structure (i.e. style, material, texture, color).
6. Driveway access must be designed to minimize negative pedestrian impact. The width of a driveway should not exceed the minimum allowed width established by the City of Tampa.
Bar and lounge (in YC-7 district). The following specific standards shall be used in deciding an application for approval of this use in the YC-7 zoning district:
a. The proposed bar and lounge shall be clearly incidental and accessory to the principal use of the building.
b. The proposed use shall be limited to the same hours of operation as the principal use.
c. The bar/lounge area shall be located in the enclosed floor area of a building.
Bed and breakfast. The following specific standards shall be used in deciding an application for approval of this use:
a. The building and parking area shall be located and maintained in a manner compatible with the general character of the surrounding neighborhood.
b. The use must be operated by the manager who lives on the premises. The total number of available lodging units for rent shall not exceed three (3) units.
Blood donor center. The following specific standards shall be used in deciding an application for approval of this use:
a. The blood donor center shall not be located within five hundred (500) feet of any residential or office district.
b. The blood donor center shall not be located within one thousand (1,000) feet of any other such blood donor center or temporary help agency.
c. Distances shall be measured from property line to property line along the shortest distance between property lines without regard to route of normal travel.
Catering shop. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
c. Compliance with section 27-282.20 is required.
Cemeteries. The following specific standards shall be used in deciding an application for approval of this use:
a. All requirements of the state statutes regarding the interment of human dead have been met.
b. A minimum size of eighty-five thousand (85,000) square feet is provided.
c. The site shall have direct access from a collector or arterial street as shown on the major street map.
d. There shall be adequate space within the site for the parking and maneuvering of funeral corteges.
e. No interment shall take place within thirty (30) feet of any zoning lot line.
Clinics. In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of this use:
a. The use shall be clearly incidental and accessory to the principal use of the structure.
b. Offices shall be permitted only in structures of three (3) floors or more and shall be located only on the ground floor.
Club. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
Commercial telecommunication towers. The following specific standards shall be used in deciding an application for approval of this use.
a. The commercial telecommunication tower shall meet the following locational criteria:
1. Non residential uses must be adjacent to the site on two (2) or more sides of the property.
2. There must be access to collector or arterial streets.
b. The need for the tower shall be verified through documentation submitted to the city's technical expert.
c. The commercial telecommunication tower applicant shall submit an annual report to land development coordination demonstrating continued need for the commercial telecommunication tower.
Community garden, private: The following specific standards shall be used in deciding an application for approval of these uses:
a. Size limitation. Within residential zoning districts, a community garden, private may not be greater in size than two (2) acres.
b. Noise limitations. No gardening activity may take place before sunrise or after sunset. The use of hand tools and domestic gardening tools is encouraged. The use of other machinery and other noise-emitting equipment is subject to the noise standards set forth in Chapter 14.
c. Maintenance responsibilities. The property maintenance responsibilities shall be that of the property owner and any lessee of the property, including the community garden group/organization. Standards for property maintenance are set forth in Chapter 19.
d. Agricultural chemical application. Application of fertilizer, pesticide, insecticide, herbicide and/or agricultural use chemicals shall be consistent with product label instructions and all applicable local, state, and federal laws. Integrated Pest Management and organic gardening is strongly encouraged.
e. Sale of harvested crops.
1. Within residential zoning districts, the produce and horticultural plants grown in a community garden are not intended to be offered for sale on or from the premises on a daily basis. Sales shall be allowed only when part of an event as stated in (4) below.
2. Within office and commercial districts, the produce and horticultural plants grown in a community garden may be sold from the premises on a daily basis.
f. Events. Events with sales of crops or goods on residentially zoned property will be limited to a maximum of four (4) events per year.
g. Permitted structures. Only the following structures shall be permitted in a community garden:
1. Greenhouses, hoophouses, storage sheds, shade/water collection canopies, and planting preparation houses.
i. Location. Buildings shall be setback from property lines consistent with the minimum principal building setbacks in the front yards and accessory building setback of the underlying zoning district for all other yards.
ii. Height. No building or other structures shall be greater than fifteen (15) feet in height.
iii. Building coverage. The combined area of all buildings, excluding greenhouses and hoophouses, shall not exceed twenty (20) percent of the garden site.
2. Fences. Fencing shall be subject to the regulations of section 27-290.1 and any applicable Overlay District, Historic District or design district regulation. Fencing placed parallel to the front property line shall adhere to Crime Prevention through Environmental Design (CPTED) principles.
3. Outdoor furniture and garden art.
4. Planting beds raised three (3) feet or more above grade, compost bins, and rain barrel systems shall maintain the following yard (setbacks) from property lines: twenty (20) feet front yard, three (3) feet side yard, and three (3) feet rear yard.
5. Lot coverage (use and placement of impervious materials) shall not exceed thirty-five (35) percent of the site area.
6. Signage: Each Community Garden will have a sign indicating the name of the Community Garden and contact information of the principal operator (garden coordinator), including; name and current telephone number, web site, or e-mail address. Signage shall comply with Article VI, Division 6 standards.
h. Parking. Off-street parking is not required for gardens on lots with a residential, YC-, CD-, or CBD- zoning district. For gardens on lots with an office or commercial zoning district, parking shall be provided at a rate of one (1) space per ten (10) individual plots, not to exceed fifteen (15) spaces. All parking shall comply with section 27-283.12.
i. Prohibited activities. The following activities are prohibited within the Community Gardens:
1. Littering, dumping, alcohol consumption and other unlawful activities;
2. Amplified sound;
3. Pets are not allowed in the garden;
4. Storage or use of fireworks.
Congregate living facilities. The following specific criteria shall be used in deciding an application for approval of these uses:
a. No such use shall be established within one thousand two hundred (1,200) feet of another such use, or of a professional residential facility.
b. No external evidence of such use distinguishing it from a normal dwelling shall be visible from adjacent property, public or private.
c. The requirements and standards of the state department of health and rehabilitative services will be met.
d. Facilities located in RS-150, RS-100, RS-75, RS-60, RS-50, RM-12, RM-16 and RO shall be limited to a maximum number of eight (8) persons, in addition to the caregiver.
e. The number of allowable beds shall be consistent with Tampa Comprehensive Plan;
f. A congregate living facility that involves the renovation or rehabilitation of a historic structure is eligible to utilize the bonus density amounts allowed by the Tampa Comprehensive Plan in determining the number of permissible beds.
g. In the Ybor City Districts, placement of the parking area and its screening will be designed to minimize the visual impact on surrounding uses. The Barrio Latino Commission shall review and approve the site plan including the parking arrangement and its screening to ensure compatibility with the characteristic of the surrounding neighborhood.
Crematorium. The following standards shall be used in deciding an application for approval of this use:
a. A crematorium is allowed as an accessory use to a funeral parlor when located in the CG District.
b. As an accessory use, a funeral parlor must limit cremation services to twenty (20) percent of the floor area of the building and may have no more than two (2) crematories.
c. The facility must comply with federal, state and local regulations for such a facility.
d. The equipment must be certified by the manufacturer that it operate free of smoke and odor and has automatic pollution monitoring equipment to constantly supervise the operation and safeguard against pollution and environmental impact.
Day care and nursery facilities (six (6) or more children or adults). The following specific standards shall be used in deciding an application for approval of these uses:
a. Adequate off-street pickup and delivery space shall be available, approved by the department of public works.
b. In the RS-60, RS-50, RM-12, RM-16 and RM-18 districts, the site shall have direct access to an arterial or collector street as shown on the Major Street Map.
Drive-in window. The following specific standards shall be used in deciding applications for approval of this use:
a. The site shall have direct access to an arterial or collector street as shown on the major street map.
b. Adequate space shall exist within the lot for vehicles to queue prior to using the drive-in window.
c. Both the queuing lane and the drive-in window shall be at least fifty (50) feet from any property on which a residential use is located.
d. In addition to items a. through c. above, in the Ybor City Historic District the following specific standards shall be used in deciding an application for approval of this use:
1. Drive-in windows shall only be considered within the area surrounding the existing interstate highway interchange (I-4 at 21st/22nd Streets). The area surrounding the existing interstate highway interchange shall be defined as those properties with frontage on the connector roadways (21st/22nd Streets), and which are wholly located within the area bounded on the north by the southern right-of-way edge of the alley between 14th and 15th Avenues and parallel to the right-of-way of East 14th Avenue, and bounded on the south by the northern right-of-way edge of 12th Avenue and parallel to the right-of-way of East 13th Avenue, as those referenced rights-of-way exist [to] this date.
2. Drive-in windows shall not in any case be allowed on a historic building.
3. On at least one (1) street fronting the drive-in facility the maximum setback for the principal building or structural portion of that building that includes a drive-in window should also be the minimum setback so as to minimize the effect of driveway[s] and parking lots; however, in no case should that setback be greater than eight (8) feet. A structural portion of the building is herein defined as a three-dimensional structure that is physically attached or visually related to the principal building.
4. Each drive-in window and queuing lane shall be visually screened from adjacent streets through placement of the building on the site and through the use of buffer walls and other buffering devices.
5. The drive-in facility shall be limited to a maximum of one (1) queuing lane with one (1) cash window and one (1) food service window.
6. Facilities with a drive-in window shall be sited to facilitate pedestrian traffic from within the historic district as well as vehicular traffic. Sidewalks on the site shall provide pedestrian access to the facility and connect to adjacent sidewalks and walkways leading toward the center of the district.
7. Each drive-in facility in an existing interchange shall use landscaping and other design features in such a way as to link gateways with the cultural, historical and architectural heart of the district, and to visually lead the visitor into the district per the Ybor City design guidelines for gateway sites.
8. For any restaurant which is constructed with a drive-in window, there shall be a minimum floor area of two thousand five hundred (2,500) square feet and there shall be seating constructed as part of the restaurant.
9. All drive-in windows which are characteristically automotive-dependent uses shall minimize their intrusion into the historic district by the requirement that the zoning lot must have frontage on the adjacent roadways parallel to the interstate (13th Avenue or 14th Avenue).
e. In addition to items a. through c. above, in the central business district, the following specific standards shall be used in deciding an application for approval of this use:
1. Drive-in windows shall only be allowed in proximity to Interstate 275, as follows: on parcels immediately abutting Scott Street and East of Jefferson Street.
2. Drive-in windows shall not, in any case, be allowed in a historic building.
3. Each drive-in window and queuing lane shall be visually screened from adjacent streets through placement of the building on the site and through the use of buffer walls and other buffering devices.
4. The drive-in facility shall be limited to a maximum of one (1) queuing lane with one (1) cash window and one (1) food service window.
5. Facilities with a drive-in window shall be sited to facilitate pedestrian traffic from within the central business district, as well as vehicular traffic. On-site pedestrian connections shall provide pedestrian connection from the abutting public right-of-way sidewalk(s) to the facility.
6. There shall be [a] dining area with seating constructed as part of the restaurant.
Dwelling, single family detached, semi-detached, and two family. The following specific standards shall be used in deciding an application for approval of this use:
a. The proposed use must be located adjacent to residential uses on at least two (2) boundaries of the zoning lot.
b. A single-family detached dwelling that is an existing dwelling may be expanded provided the proposed addition meets the required setbacks of the underlying zoning district.
Dwelling, multiple-family and dwelling, single-family attached. The following specific standards shall be used in deciding an application for approval of this use:
a. The site shall have direct access to an arterial or collector street as shown on the major street map.
b. When located in office and commercial districts, the site shall meet the dimensional regulations (Table 4-2 ) of the RM-24 zoning district and shall be consistent with the Tampa Comprehensive Plan.
Explosive storage and manufacturing. The following standards shall be used in deciding an application for approval of this use:
a. All federal, state, and local environmental regulations must be met.
b. A conceptual site plan must be submitted showing compliance with local development regulations, including the City of Tampa Fire Prevention Code and the City of Tampa Sanitary Sewer Code requirements.
Extended family residence. The specific standards shall be amended as follows:
a. An extended family residence shall be limited to a maximum of six hundred (600) square feet of living area.
b. An extended family residence may only be approved when the property is homesteaded.
c. An extended family residence may be located within a single-family dwelling with a separate entrance or within an accessory structure, conforming or nonconforming, in accordance with article VII of this chapter. The extended family residence shall not be separately metered for electricity or water.
d. The occupant(s) of an extended family residence will be limited to family members related by marriage, blood, adoption, or legal guardianship.
e. The intention of this use is to meet a temporary need. At no time may the number of occupants of an extended family residence exceed two (2).
f. The occupant(s) of the extended family residence may not pay rent for the use of the residence or property.
g. The owner(s) of the property must certify his/her understanding that an extended family residence is limited by the conditions presented in the S-1 application, including: number of occupants, who the occupant(s) will be, the relation of the occupant(s) to the property owner and location and size of the extended family residence. This certification shall be attached to the approval letter as an exhibit.
h. The special use permit shall be reviewed annually by staff and the property owner shall provide a signed affidavit that the persons occupying the extended family are the same individuals as originally approved and if any conditions or occupants change, a new special use permit will be required.
Hazardous materials. The following standards shall be used in deciding an application for approval of this use:
a. All federal, state, and local environmental regulations must be met.
b. A conceptual site plan must be submitted showing compliance with local development regulations, including the City of Tampa Fire Prevention Code and the City of Tampa Sanitary Sewer Code requirements.
Heliport, helistop. The following specific standards shall be used in deciding an application for approval of this use:
a. A heliport or helistop shall only be located on the roof of a building which is a minimum of sixty (60) feet in height.
b. The heliport or helistop shall be evaluated for its noise impact and potential hazard to the surrounding residential areas and shall mitigate that impact through site design, hours of operation and other applicable techniques.
Hospital. In the U-C District, the following standards shall be used in deciding an application for approval of this use:
a. A hospital shall be allowed to be private or public. The facility shall be allowed to provide health services primarily for inpatients, medical or surgical care of the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, staff offices, and staff housing, which are integral parts of the facility.
b. Public or private hospitals shall have provision for such of the following facilities as may be required in order to be accredited by the Joint Commission on Accreditation of Hospitals sponsored by the American College of Physicians, American College of Surgeons, American Hospital Association and the American Medical Association:
Emergency facilities, pediatric and obstetric facility, surgical facilities, pathology and radiology facilities, pharmacy facilities, dietary department, medical records facilities, medical library facilities, laundries, and other services and facilities.
c. Hospitals shall provide for a minimum of one hundred (100) beds exclusive of bassinets, and shall have a minimum gross floor area of six hundred (600) square feet per bed.
d. The minimum site area shall be thirty (30) acres and the minimum width of the site shall be six hundred (600) feet.
Hotel/motel. In the U-C District, the following standards shall be used in deciding an application for approval of this use:
a. The site shall have frontage on an arterial or collector street as shown on the Major Street Map on file in the City of Tampa Transportation Division.
b. Access to the site shall comply with the Department of Public Works regulations. Access to the University's internal vehicular circulation system is permitted, provided the system is adequate to accommodate the additional traffic generated by this use without undue hazard and congestion.
c. The site layout shall comply with all development regulations for said use.
Interim parking (in YC-7 District). The following specific standards shall be used in deciding an application for approval of this use in the YC-7 Zoning District:
a. The design of the interim parking lot shall meet the minimum standards set forth in section 27-283.13(a).
b. The proposed and required improvements shall be designed to be consistent with the Ybor City Historic District design guidelines. The Barrio Latino Commission shall conduct a preliminary review of the special use site plan and shall give city council a recommendation as to the appropriateness of this use on the property.
c. Within the YC-7 District, city council shall determine the appropriate time frame for the use of the property as an interim parking lot, including hours of operation and duration of the special use. In determining an appropriate time frame, city council shall consider the impact this special use will have on residential uses. The maximum duration for any interim parking lot in the YC-7 District is five (5) years. No waiver of this condition is allowed.
d. The interim parking shall be screened from all adjacent residential uses in accordance with the requirements of section 27-284.3.3.
Junkyard. The following specific standards shall be used in deciding applications for approval of this use:
a. No junkyard shall be located within flood zone A, as established by the Federal Emergency Management Agency.
b. All federal, state and local environmental regulations must be met.
c. A conceptual site plan must be submitted showing compliance with local development regulations.
d. That such business shall be carried on, maintained or conducted entirely inside an enclosed building or buildings, unless the premises on which such business is carried on, maintained or conducted shall be entirely enclosed by a solid fence or wall in accordance with the requirements of sections 27-284.3.3 and 27-282.12, City of Tampa Code.
e. That such fence or wall shall be maintained in a neat, safe condition and shall be painted.
f. No junk or secondhand article shall be piled or be permitted to be pile in excess of the height of the enclosing fence or wall, or be piled closer than three (3) feet to the wall.
g. That all gas, oil, or other inflammable liquid shall be drained and removed from any inoperable motor vehicle located thereon.
h. That the premises shall be arranged so that reasonable inspection or access to all parts of the premises can be had at any time by fire, health, police and building authorities.
Exception. A proposed development shall be exempt from the requirements of this subsection if it has received a final local development order as defined in the concurrency management system ordinance on or before January 31, 1990.
Landfill. The following specific standards shall be used in deciding applications for approval of this use:
a. No landfill shall be located within flood zone A, as established by the Federal Emergency Management Agency.
b. All federal, state and local environmental regulations must be met.
c. A conceptual site plan must be submitted showing compliance with local development regulations.
Exception. A proposed development shall be exempt from the requirements of this subsection if it has received a final local development order as defined in the concurrency management system ordinance on or before January 31, 1990.
Lot, irregular. A lot of record as of the adoption of the ordinance from which this chapter was derived may be divided to create one (1) conforming regular lot with frontage on the public street and one (1) irregular lot, provided the following conditions are met:
a. The original lot is an interior lot located.
b. The original lot has sufficient width to provide for only one (1) lot with frontage on the public street, but has unusual depth to meet the lot area requirement for two (2) lots.
c. The dimensional and access requirements of this section shall be met.
d. Creation of three (3) or more lots shall meet all requirements of the subdivision code.
e. Dimensional requirements. An irregular lot shall meet the lot area as required in the applicable zoning district. However, no portion of the lot that is used primarily for access and that does not constitute a portion of the main body of the lot shall be included in the lot area computation. The required setbacks of the applicable zoning district shall be met as shown in the Diagram 5-3, section 27-161. For fence purposes only, the common lot line shall be considered a side yard.
f. Access. The irregular lot shall have access to a public street through a portion thereof or through an approved private street or an approved access easement. If providing two-way circulation, such portion of lot or access way shall be at least twenty (20) feet in width if serving uses requiring nine (9) or less off-street parking spaces in combination, twenty-five (25) feet in width if serving uses requiring ten (10) or more off-street spaces in combination. If providing one-way circulation, such portion of lot or access way shall be at least ten (10) feet in width if serving uses requiring nine (9) or less off-street parking spaces in combination, twelve (12) feet in width if serving uses requiring ten (10) or more off-street parking spaces in combination.
g. Existing irregular lots. An irregular lot that is a lot of record as of the adoption of the ordinance from which this chapter was derived may be developed, provided it meets the dimensional and access requirements as outlined in this section.
Material recovery facility. The following standards shall be used in deciding an application for approval of this use:
a. Facility does not abut a property zoned or classified as residential by the most current land use designation.
b. Within the industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:
1. Within an area enclosed on all sides by an opaque fence or a wall not less than eight (8) feet in height and landscaped on all street frontages; and
2. Located at least one hundred fifty (150) feet from property zoned or designed by the Tampa Comprehensive Plan for residential use.
c. Power driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquette, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing or reusable materials.
d. Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.
e. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or pelletized. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
f. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.
g. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recallable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the zoning administrator determines that allowing overflow traffic is compatible with surrounding business public safety.
h. One (1) parking space will be provided for each commercial vehicle operated by the processing center, plus one (1) per one thousand (1,000) square feet gross floor area.
i. Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA.
j. If the facility is located within five hundred (500) feet of property zoned or designated by the Tampa Comprehensive Plan for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during the hours the facility is open.
k. Any containers provided for after-hours donation of recallable materials will be at least fifty (50) feet from any property zoned or classified as residential by the most current land use designation; all containers shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected and shall be secure from unauthorized entry or removal of materials.
l. Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
m. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.
n. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.
Medical marijuana dispensary. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
c. Medical marijuana dispensaries shall not be located within five hundred (500) feet of the real property on which all or a portion of a school, as defined in section 27-43, is located.
d. Distance measurements shall be measured in a straight line distance, from the boundary of the building(s) used as a medical marijuana dispensary or processing facility, to the property boundary of the school(s). Distance shall be measured in a straight-line, along the shortest distance between the points described above, without regard to the route of normal travel.
Nursing, convalescent and extended care facilities. The following specific standards shall be used in deciding an application for approval of these uses:
a. The site shall have direct access to an arterial or collector street as shown on the major street map.
b. The standards and requirements of the state department of health and rehabilitative services shall have been met.
c. In the RM-16, RM-18, RM-24 and RM-35 districts, no such use shall be established within one thousand two hundred (1,200) feet of another such use or a congregate living facility or a professional residential facility.
Office, business and professional.
a. In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of these uses:
1. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
2. Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
b. In the U-C District, offices for the administrative business or professional use shall comply with the following specific standards for approval of this use:
1. The site for such use shall not be allowed within one thousand (1,000) feet measured from closest perimeter point to closest perimeter point of property lines of the three (3) area medical facilities:
Veteran's Administration Hospital, University Community Hospital, and Florida Mental Health Institute; and one thousand (1,000) feet from and existing University of South Florida (USF) Medical School structure, measured from the closest exterior point of USF structure to closest perimeter point of the proposed office property.
Office, medical.
a. In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of these uses:
1. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
2. Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
b. In the RO, RO-1 and CN Districts, the following specific standards shall be used in deciding an application for approval of these uses:
1. The minimum size zoning lot for a medical office shall be ten thousand (10,000) square feet in area.
2. Reduction of the required number of off-street parking spaces for medical office use may be approved by city council when it is demonstrated that the reduction will have no negative effects on the surrounding neighborhood. The city council must follow the criteria established in section 27-283.10(b).
Parking, off-street, commercial. The following specific standards shall be used in deciding an application for approval of this use:
a. The property to be used for commercial parking must be immediately adjacent to and not separated by a street right-of-way from the commercial use it will serve.
b. The commercial use which is served by the parking must be located in an office or commercial district and must be a conforming use in that district.
c. In residential zoning districts and the RO District, the size of the property to be used for parking shall be based on the size of the commercial or office use it serves and the impact of its intrusion into the surrounding residential area. However, in no case shall the parking area extend more than one hundred (100) feet from the closest boundary of the commercial or office zoning lot.
d. The commercial parking shall only be used for parking of operative vehicles used by the employees, customers and clients of the commercial and office use. The following items shall not be permitted in the commercial parking:
1. Storage of inoperative vehicles;
2. Open storage;
3. Commercial trucks or vans or any vehicle over five thousand (5,000) pounds manufacturers specified weight.
4. Open display of vehicles available for sale or lease.
e. The commercial parking shall be screened from all adjacent residential uses in accordance with the requirements of section 27-284.3.3.
Parking, off-street, principal and accessory use. The following specific standards shall be used in deciding an application for approval of this use:
a. All accessory parking structures shall meet the requirements of section 27-290.
b. The following standards shall be required in construction of any principal parking structure or surface lot:
1. Location of access drives must be approved by the department of public works.
2. Surface lots must be improved to department of public works standards according to section 27-283.12(d) with respect to paving and drainage.
3. Landscaping must be provided in accordance with the city landscaping and tree planting ordinance.
c. In the Ybor City Historic District, the following specific standards shall be used in deciding an application for approval of these uses:
1. No portion of an off-street parking area shall be located within fifty (50) feet of the right-of-way of 7th Avenue between Nick Nuccio Parkway and the eastern boundary of Ybor City Historic District. Such off-street parking may only be constructed in conjunction with a building that conceals it from pedestrian and vehicular traffic on 7th Avenue.
2. Access from 7th Avenue to any off-street parking area is prohibited between Nick Nuccio Parkway and the eastern boundary of Ybor City Historic District.
3. All off-street parking areas within the Ybor City Historic District shall use effective site design techniques which minimize the visual impact of the parking area from the street. In addition, the off-street parking area shall meet the regulations in section 27-178, Alternative parking requirements and the design guidelines for Ybor City.
4. The provisions of subsections b.1. and 3. above shall be met for all parking structures.
Parking lots, temporary. The following specific standards shall be used in deciding an application for approval of this use:
a. The term of approval for such use shall not exceed the construction period of the structure served by the temporary parking lot.
b. Lighting, if installed, shall be so arranged that the direct illumination shall not fall outside the limits of the site covered by the application.
c. Vehicular pedestrian access, stormwater management, dust control and interior circulation shall be in accordance with the standards and policies of the department of public works.
d. A performance bond or other security acceptable to the legal department of the city and sufficient to ensure the removal of the parking lot and the restoration and securing of the lot subsequent to its use as a temporary parking lot shall be posted to the benefit of the city.
e. When located adjacent to or abutting land which is being used for residential purposes, notwithstanding the zoning district classification, there shall be a solid wood fence not less than six (6) feet in height and no more than eight (8) feet in height designed to provide appropriate screening from the surrounding properties in order to lessen the parking lot's impact.
Personal services. The following specific standards shall be used in deciding an application for approval of this use:
a. In the Ybor City Historic District.
1. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
2. Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
b. In the M-AP-1, M-AP-2, M-AP-3 and M-AP-4 districts, personal services shall be limited to five thousand (5,000) square feet of gross floor area per zoning lot.
Petroleum storage and/or processing. The following standards shall be used in deciding an application for approval of this use:
a. All federal, state, and local environmental regulations must be met.
b. A conceptual site plan must be submitted showing compliance with local development regulations, including the City of Tampa Fire Prevention Code and the City of Tampa Sanitary Sewer Code requirements.
Pharmacy. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
Place of religious assembly. The following specific standards shall be used in deciding an application for approval of these uses:
a. All required yards shall be forty (40) feet, except that front yards may meet the requirement in the district in which it is located.
b. Minimum lot size of twenty thousand (20,000) square feet shall be provided.
c. The site shall have direct access to an arterial or a collector street as shown on the major street map.
d. A place of religious assembly may be constructed in excess of the height limitations of the zoning district in which it is located provided the applicant can demonstrate that the height of the place of religious assembly does not adversely affect adjoining and nearby properties. In determining whether height has an adverse effect, the relationship of the place of religious assembly to the surrounding neighborhood, including yards, distance from streets and distance from existing residential dwellings and other structures shall be considered. Other special conditions may also be established to ensure the compatibility of the height of the place of religious assembly with the surrounding residential neighborhood.
e. One (1) wall, pylon, or ground sign may be located at street frontage provided all of the following are met:
1. The height of the sign shall be limited to eighteen (18) feet on an arterial street or a collector street and ten (10) feet on a local street.
2. The sign shall not exceed thirty-two (32) square feet on display area.
3. Such shall be setback fifteen (15) feet from the right-of-way line and thirty (30) feet from the intersection of right-of-way.
Private pleasure craft. The following specific standards shall be used in deciding an application for approval of such uses:
a. Occupancy of private pleasure craft as living quarters shall be permissible as a special exception as a principal use only in connection with vacant lots.
b. For such occupancy for living quarters, required off-street parking shall be provided on the zoning lot.
c. Regulations of the city, state or federal government regarding sewage disposal, availability of potable water, security against menaces due to storm surge, tides, currents and hurricane menace shall be met.
Professional residential facility. The following specific standards shall be used in deciding an application for approval of such uses:
a. No such use shall be established within two thousand (2,000) feet of another such use. Distance shall be measured from property line to property line along the shortest distance between property lines regardless of the normal travel route. City council may waive this distance requirement upon consideration of the following factors:
1. Whether the existing uses which occur between the proposed professional residential facility and another such facility are predominately commercial in nature.
2. Whether the proposed professional facility would have an adverse impact upon any adjacent residential neighborhoods; and
3. Whether approval of the waiver would create a concentration of professional residential facility uses.
b. No such use shall be established within one thousand two hundred (1,200) feet of a congregate living facility. Distance shall be measured from property line to property line along the shortest distance between property lines regardless of the normal travel route.
c. No external evidence of such use distinguishing it from a normal residential structure shall be visible from adjacent property, public or private.
d. The requirements and standards of the state department of health and rehabilitative services and state department of corrections shall be met.
e. The site plan must thoroughly describe the type of treatment and security that will be provided at the facility.
Public cultural facility. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
Public service facility. The following specific standards shall be used in deciding the applications for approval of such use:
a. The uses allowed shall be restricted to pumping stations, lift stations, telephone exchanges, transformer step-down stations, and similar uses required to serve the needs of the immediate residential and office districts. Water and sewage treatment plants, energy generation plants, freight and marshaling yards, terminals and similar uses shall not be permitted in office and residential districts.
b. All uses shall be effectively screened from adjacent residential and office districts.
c. Whenever possible, such installations shall be so constructed so as to have the exterior appearance of adjacent residential and office structures.
Public use facility. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
Radio/TV studio.
a. The following specific standards shall be used in deciding an application for approval of this use in the Ybor City Historic district YC-1 subdistrict.
1. The building constructed and/or rehabilitated for this use shall meet all criteria of the Ybor City Historic District Design Guidelines.
2. The building constructed and/or rehabilitated for this use shall be limited to fourteen thousand (14,000) square feet maximum gross floor area.
3. All parking and vehicular storage provided for this use shall be screened from view from adjacent pedestrian and vehicular thoroughfares, and further shall conform to the requirements of section 27-132, Parking, off-street, principal and accessory use, subsections (c)(1) through (c)(4).
4. Antennae, communication towers, and other devices for sending and/or receiving communication signals associated with this use, shall be constructed or installed in a manner so as to minimize their visual impact. Such appurtenances may be permitted only in cases where they are clearly an accessory use to the radio/TV studio use and they are outside the sight-lines from pedestrian ways adjacent to the site for which this use is proposed. The design for such appurtenances shall be reviewed and approved by the Barrio Latino Commission prior to approval of this special use.
b. The following specific standards shall be used in deciding an application for approval of this use in the M-AP 2 zoning district:
1. The building or portion thereof constructed and/or rehabilitated for this use shall be limited to fifteen thousand (15,000) square feet maximum gross floor area.
2. Any antenna installation proposed in M-AP zoning districts that exceeds the height of ten (10) feet above ground level or is associated with an AM, FM or TV station must have documentation from the Aviation Authority (HCAA) of no objection. Review will be subject to Federal Aviation Regulations (FAR Part 77) and FCC approval. Any electromagnetic interference causing transmitted signals to be reflected upon ground-based or airborne air navigation communications equipment or affect instrument procedures will be prohibited.
The referenced antenna devices may only be permitted in cases where the antenna is an accessory use to the radio and TV studio facilities described herein.
3. Studio facilities shall not include areas for studio audiences. The phrase "studio audience" does not include individuals directly involved in the production of the radio/TV show.
4. The Hillsborough County Aviation Authority shall review the special use application and shall evaluate the proposed radio/TV broadcasting facility to determine if the facility will cause interference with aircraft or the safe operation of the Tampa International Airport. If the HCAA objects to the facility, the zoning administrator will not approve the special use.
Recreational facility; commercial-outdoor. The following specific standards shall be used in deciding an application for approval of this use:
a. A recreational facility having outdoor activities shall commit to comply with equivalent sound levels not to exceed the following standards:
1. If the receiving use is residential: between 10:00 a.m. and 8:00 p.m.—60 dBA; between 8:00 p.m. and 10:00 a.m.—50 dBA.
2. If the receiving use is commercial: Between 10:00 a.m. and 8:00 p.m.—60 dBA; between 8:00 p.m. and 10:00 a.m.—55 dBA.
b. Outdoor lights located in the facility shall not illuminate any land not covered by the application for special use.
c. The site plan shall demonstrate compliance with section 27-284.3.3. No outdoor recreation area shall be within fifteen (15) feet of abutting residential uses.
Recreational facility, private. The following specific standards shall be used in deciding applications for approval of this use:
a. Where membership is not limited to residents of adjacent residential areas, the site shall have primary access to an arterial or collector street as shown on the major street map.
b. The building shall be constructed and maintained to be compatible with the general character of the surrounding neighborhood.
c. No parking or loading areas or mechanical equipment shall be located within twenty-five (25) feet of any adjoining property which is in a residential district.
d. One (1) wall, pylon, or ground sign may be located at street frontage provided all of the following are met:
1. The height of the sign shall be limited to eighteen (18) feet on an arterial street or a collector street and ten (10) feet on a local street.
2. The sign shall not exceed thirty-two (32) square feet on display area.
3. Such sign shall be setback five (5) feet from the right-of-way line and thirty (30) feet from the intersection of right-of-way, provided the placement of the sign does not obstruct visibility per section 27-283.5.
Recycling/building and auto parts. The following specific standards shall be used in deciding an application for approval of this use:
a. All areas used for the storage of wrecked vehicles, the processing or dismantling of parts, or building scrap must be enclosed in either a building or completely surrounded by an eight-foot high masonry wall.
b. The minimum lot size is twenty thousand (20,000) square feet for building parts recycling, and one (1) acre for auto parts recycling.
c. All areas displaying merchandise for retail or wholesale sale must be kept neat and orderly within a completely enclosed and roofed structure. The display area must be screened according to section 27-282.13.
d. At no time outside storage of inventory be stacked higher than six (6) feet.
e. Recycling of auto parts must be done in compliance with all applicable federal, state and county environmental regulations. If vehicles or machinery are dismantled, then equipment used to clean parts and collect dirty oil, grease and hazardous chemicals for proper disposal must be part of the operation. A contract with a certified and licensed hauler of hazardous waste or petroleum products must be current.
f. Used building parts (such as fixtures, windows and doors) may be stored and sold. Building debris or rubble that is dusty or any type of hazardous or biodegradable trash shall not be brought to or stored on the site.
Restaurants.
a. In the YC-4 District, the following specific standards shall be used in deciding applications for approval of these uses:
1. The use shall be clearly incidental and accessory to the principal use of the building.
2. Restaurants shall be located only in structures of three (3) floors or more.
3. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
4. Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
b. In the YC-2 District, the following specific standards shall be used in deciding applications for approval of these uses:
1. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
2. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
Restaurant, drive-in. The standards set forth for the use identified as "Drive-in window" shall be shall be used in making a decision on an application for approval of this special use.
Retail bakery. In the Ybor City Historic District, the following specific standards shall be used in deciding applications for these uses:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with design standards developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
c. Gross floor area shall be limited to fifteen thousand (15,000) square feet.
d. No more than three (3) delivery/food trucks may be stored on site, overnight, at any time.
e. Delivery trucks shall not exceed twenty-six (26) feet in length.
Retail sales, convenience goods. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
Retail sales, gasoline. The following special standards shall be used in deciding an application for approval of this use:
a. A minimum gross land area of ten thousand (10,000) square feet shall be provided; if rental of trucks, trailers, etc., is proposed as an accessory use, the minimum gross land area shall be increased by ten thousand (10,000) square feet.
b. The zoning lot shall front on an arterial or collector street, as shown on the major street map, and have direct access thereto.
c. Adequate provisions shall be made for ventilation and the dispersion and removal of fumes and for the removal of hazardous chemicals and fluids.
d. In the Ybor City Historic District, no retail sales of gasoline establishments shall be located within eight hundred (800) feet of another such establishment. Distance shall be measured from property line to property line along the shortest distance between property lines without regard to the route of normal travel.
Retail sales, lawn and garden shop. The following specific standards shall be used in deciding an application for approval of this use:
a. In the CN District, the maximum allowed floor area for the use shall be two thousand five hundred (2,500) square feet or .35 FAR whichever is less. The floor area shall include all interior display area, enclosed storage and administrative office area.
b. The open storage of plants and gardening material shall be permitted provided sections 27-282.12 and 27-284.3.3 provisions are met. At no time can the open stacking of materials exceed the height of the fence used to screen the storage area. At no time shall there be open storage of equipment.
c. The retail sale of lawn and gardening supplies shall be limited to prepackaged commodities (e.g., fertilizer, mulch, rock, potting soil, seed, sand and pesticides).
Retail sales, specialty goods. In the Ybor City Historic District, the following specific standards shall be used in deciding applications for these uses:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
Roominghouse. The following specific standards shall be used in deciding applications for this use:
a. The lot shall have direct access to an arterial or collector street as shown on the major street map.
b. Such a use shall not be established within five hundred (500) feet of another such use.
c. Such use shall comply with standards set forth in section 19-235 (no waivers shall be granted by the city for this provision).
d. Each lodging unit is limited to two (2) adult occupants and related minors.
e. Each lodging unit shall contain a minimum of one hundred fifty (150) square feet or the minimum area required by the Florida Building Code for such unit type, whichever is more.
Schools. The following specific standards shall be used in deciding applications for approval of such uses:
a. The site shall have direct access to an arterial or collector street as shown on the major street map.
b. The site shall meet performance standards and other requirements of the state.
c. The location, arrangement and lighting of play fields and playgrounds will be such as to avoid interference with the use of adjacent residential property.
d. Proposed structures shall comply with the required setbacks of the underlying zoning district, unless city council approves a reduction in setbacks provided the petitioner demonstrates compatibility with the neighborhood, more intensive buffering to compensate for the reduction in setback, or historical pattern of lesser setbacks on the school site.
e. Parking shall be provided in compliance with Article VI, Division 3, Off-Street Parking and Loading, however, city council shall have the ability to approve requests for waivers of number of parking spaces and loading and unloading spaces.
f. A school may be constructed in excess of the height limitations of the zoning district in which it is located provided the applicant can demonstrate that the height of the school does not adversely affect the adjoining and nearby properties. In determining whether height has an adverse effect, the relations of the school to the surrounding neighborhood, including yards, distance from streets and distance from existing residential dwellings and other structures shall be considered. Other special conditions may also be established to ensure the compatibility of the height of the school with the surrounding residential neighborhood.
g. The solid waste collection station (dumpster) existing and/or proposed shall be located on the site plan and shall be visually screened from adjacent property and right-of-way.
h. The following specific standards shall be used in determining whether an application for a college use in the M-AP 4 zoning district shall be approved:
1. The applicant for a college use in the M-AP 4 zoning district must provide documentation of no objection from the Hillsborough County Aviation Authority ("aviation authority"). That documentation of no objection may consider the following information: (1) the nature of the school proposed, and (2) whether the property is within the FAA 65 DNL noise contour or a restricted boundary as set forth in F.S. Ch. 333, existing or planned runway approaches and any other applicable public safety and airport zoning restrictions.
2. The property owner of the parcel upon which the college use is requested must provide recorded aviation easement accepted by the aviation authority.
3. The operator of the college must provide a recorded release and waiver of claims related to airport and aircraft operations, noise, or vibrations or for noise abatement or sound insulation which is accepted by the aviation authority.
4. Dormitories, or any residential use supporting a college, are specifically prohibited.
5. The college shall be limited to a maximum of twenty thousand (20,000) square feet of gross floor area and cannot be an educational facility prohibited by F.S. §§ 333.03(2)(c) and 333.03(3), as determined by the aviation authority.
Storefront/residential, office, commercial. The following specific standards shall be used in deciding upon an application for approval of this use:
a. Nonresidential development must be designed to be compatible with existing and potential future residential uses.
b. Compliance with the design guidelines developed and recommended by the Barrio Latino Commission, including the criteria set forth in section 27-97, is required.
Temporary help agencies. The following specific standards shall be used in deciding an application for these uses:
a. The agency shall not be within five hundred (500) feet of any area in the city zoned residential or office.
b. The agency shall not be within one thousand (1,000) feet of any other such agency or a blood donor center.
c. Distances shall be measured from the property line to property line on the shortest distance between property lines without regard to route of normal travel.
Temporary special events. The following specific standards shall be used in deciding an application for approval of this use:
a. The parking and access layout shall be approved by the department of public works. In addition, the use shall be in a location which shall not create hazardous vehicular or pedestrian traffic conditions.
b. Adequate utility, drainage, refuse and sanitation facilities, emergency services, and other similar services shall be provided.
c. The zoning administrator shall approve the duration of the use, which shall be as short as practicable. When the time period has expired, all temporary structures and facilities shall be removed and the site returned to its original condition.
Temporary waterfront surface parking lots. The following specific standards shall be used in deciding an application for approval of this use (no waivers shall be granted by the city):
a. The property must meet the following criteria:
1. The property was previously utilized for legally established surface parking;
2. The property is adjacent to a constructed portion of the Riverwalk;
3. The applicant owns both the proposed surface parking lot and the abutting property, upon which a building contains the use to which the proposed parking is to be accessory; and
4. All parking shall be open to the public on weekends free of charge between the hours of 8:00 a.m. to 10:00 p.m.
b. Such lots must be improved in accordance with guidelines for the North/South Zone - Primary Pedestrian Corridor in subsection 27-187(f).
c. Temporary waterfront surface parking lots may only exist and operate at their approved locations until May 7, 2000. Thereafter, no temporary waterfront surface parking lots shall be permitted to operate in the Waterfront Overlay District.
Transfer of development rights receiving site: The following specific standards shall be used in deciding an application for designation as a "receiving site" under section 27-141. Transfer of development rights program:
(a) Must have received a certificate of transfer that identifies the amount of entitlements eligible to be transferred pursuant to section 27-54. Process for applications for written determinations as formal decisions;
(b) Must provide the zoning administrator or designee a recorded restrictive covenant of zoning for the sending site;
(c) All parcels receiving an S-1 permit under this section shall be required to comply with Article III, Division 2, Subdivision 3, notwithstanding previous review under that provision;
(d) May not be a landmark site, multiple property designation, historic conservation overlay district or historic district.
Waivers. No waivers of the specific standards set forth above shall be permitted.
Truck/trailer rental. All establishments that are within the CG zoning district shall be required to meet the following provisions:
a. The property shall contain a minimum of ten thousand (10,000) square feet.
b. The property shall have frontage and direct access to a right-of-way classified as an arterial roadway.
c. Trucks/trailers available for rental or lease shall not exceed twenty-six (26) feet in length.
d. Storage areas for trucks/trailers to be leased shall be located in the rear of the lot and screened from the view of all residential zoning districts and residential uses, with solid masonry wall, with a minimum height of eight (8) feet. This is in addition to sections 27-284.3.3, 27-282.12, and applicable landscape/buffer requirements set forth in articles III and IV.
e. The parking area for employees of the rental services use shall be located in the rear of the main building.
f. All trucks/trailers for rent shall be parked on either an asphalt, concrete, or pervious pavement pad, or on a stabilized, dust-free parking surface as approved by the transportation division.
g. The number of trucks available for rental is limited to one (1) vehicle per four hundred (400) square feet of undeveloped land on the subject property, and shall not exceed ten (10) trucks for any establishment.
h. Only minor vehicle repair, consistent with Table 4-1 , shall be allowed in conjunction with this use.
Utility transmission site. The following specific standards shall be used in deciding an application for approval of this use:
a. The utility transmission site and transmission corridor shall be located, constructed and maintained such that they produce minimal adverse effects on the environment and public health, safety and welfare. The transmission site and/or corridor shall meet or exceed the minimum standards established under the rule-making authority of the state department of environmental regulation.
If the department does not establish minimum standards, the city shall develop standards that must be met by the transmission site and/or corridor prior to construction. The minimum standards shall establish requirements based on the best available data, addressing each of the following issues:
1. Width of right-of-way in relation to the voltage strength of the site or utility line;
2. Permissible strengths of electric fields, magnetic fields, and induced current levels and the location such strength is to be measured;
3. Construction and safety standards of the towers and other equipment, including the method of restricting access for public safety;
4. Any other provisions which are deemed necessary to protect the environment and public health, safety and welfare.
b. In the review of the transmission site and/or corridor, the proposed and alternative locations shall be evaluated against the Tampa Comprehensive Plan, existing zoning districts and land uses, and approved developments of regional impact.
c. Joint use of the facilities by different modes within the communication industry is strongly encouraged to mitigate the impact of the site on the environment and surrounding area. Every reasonable effort shall be made by the city, other governmental agencies and the communication industry to promote and allow joint use and operation of the site.
d. The site shall have the appropriate area, bulk and placement dimensions, access restrictions and buffering which protect the public health, safety and welfare and preserve the privacy of adjacent residential uses. In addition, the tower shall be so constructed as to be visually unobtrusive as possible, including such provisions as height, design and selected building materials and the prohibition against the illumination of towers.
Vehicle repair, minor. The following specific standards shall be used in deciding an application for this use:
a. A minimum gross land area of twenty thousand (20,000) square feet shall be provided; if rental of trucks, trailers, etc., is proposed as an accessory use, the minimum gross land area shall be increased by ten thousand (10,000) square feet.
b. The zoning lot shall front on an arterial or collector street, as shown on the major street map, and have direct access thereto.
c. Adequate provisions shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.
d. In the Ybor City Historic District, no service station shall be located within eight hundred (800) feet of another service station. Distance shall be measured from property line to property line along the shortest distance between property lines without regard to the route of normal travel.
Vendor (all types): All vendors shall be required to obtain a vendor permit (this section shall not apply to vending machines). Vendors that locate in designated city parks and on Franklin Street right-of-way within the Central Business District shall be reviewed by the City of Tampa Parks Department and must comply with the regulations in Chapter 16. Vendors that locate on public right-of-way and are authorized by an event sponsor shall be reviewed by the office of special events and must comply with the regulations in Chapter 25. Vendors that locate on private property are subject to the following provisions:
(a) Additional submittal requirements and review criteria are hereby established for the five (5) classifications of vendors that locate on private property:
(1) General requirements. Evidence of compliance with the following criteria shall be required as part of the application:
a. Placement of the vendor on the property shall not interfere with required parking, loading and unloading spaces, or the vehicular access to those spaces for the principal use;
b. The vendor may not block, damage, or interfere with required landscaping, buffers, or stormwater improvements on the subject property;
c. The vendor must meet all other applicable city code requirements, with the exception of off-street parking; and
d. The vendor shall only sell those goods that are legally permitted to be sold by such a use under the applicable laws of the City of Tampa, Hillsborough County, State of Florida, and United States.
(2) Special use criteria by vendor classification.
a. Annual vendor. Annual vendors are prohibited on all lands zoned or used for residential purposes, except as otherwise allowed in this section or by law. Annual vendors shall be allowed on private property that has been zoned or used for commercial or non-residential purposes, subject to the following conditions:
1. The vendor shall only be located on a parcel that meets the minimum lot size and dimensional requirements for the underlying zoning district. Furthermore, vendors shall only be allowed on parcels that lie adjacent to one (1) of the following streets:
i. Hillsborough Avenue, excluding that portion lying within the Seminole Heights Historic District;
ii. Dale Mabry Highway;
iii. Florida Avenue, excluding that portion lying within the Seminole Heights Local Historic District or Tampa Heights Local Historic District;
iv. Nebraska Avenue, excluding that portion lying within the Ybor City Local Historic District;
v. Adamo Drive, excluding that portion lying within the Ybor City Local Historic District;
vi. Broadway Avenue from 40th Street to Columbus Drive;
vii. 22nd Street;
viii. Maritime Boulevard;
ix. Causeway Boulevard;
x. Armenia Avenue between Hillsborough Avenue and Waters Avenue;
xi. Waters Avenue running from Nebraska Avenue (both East and West sides of right-of-way) west to the city limits;
xii. Columbus Avenue;
xiii. Excluding all other road segments adjacent to or running through a local historic district.
2. No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity shall encroach onto any right-of-way or onto any adjacent private property without express permission from that property owner in accordance with this section;
3. The vendor shall provide a sworn statement from the property owner on a form provided by the city indicating that the vendor has permission to vend on that site, along with the following:
i. The property owner may allow the vendor and vendor's patrons access to bathroom facilities on the subject property, when available;
ii. The property owner shall state that the vendor shall meet all local, state and federal regulations, ordinance, statutes and laws in regards to his specific business; and,
iii. The property owner shall state that he understands the regulations governing vendors and will be held responsible, along with the vendor, for any code violations.
iv. The property owner shall state that the property shall be continuously maintained in a neat, clean, and orderly manner.
4. The vendor shall be allowed to set up in accordance with the principal structure setbacks of the underlying zoning district;
5. The vending sales area shall not be allowed to utilize more than two (2) parking spaces or six hundred (600) square feet in area, whichever is greater. However, at no time shall the required number of parking spaces for the principal use of the property be rendered nonconforming due to the vendor use;
6. The vendor shall be allowed to be located and operate on the site from dawn to dusk only. On sites containing less than one-half (½) acre in area. all equipment and supplies shall be removed from the site at the end of each day. On developed sites that contain a half acre or more, the equipment may remain if secured/tied down;
7. The vendor shall be prohibited from selling or distributing any type of glass container;
8. Only one (1) annual vendor shall be allowed on any one zoning lot;
9. A vendor proposing to sell food shall submit a copy of all permits and licenses required by the State of Florida and the Hillsborough County to the City of Tampa at the time of the submittal of the special use application;
10. The maximum sign area allowed for the vending operation shall be twelve (12) square feet; and,
11. All vending carts or structures shall meet the following design standards and those graphically depicted in Vendor Cart Illustrations Diagram 6.3; however, alternative designs may be considered by the zoning administrator:
i. Maximum size ten-foot width, twenty-foot length and eight (8) feet in height (measured from the surface of the tire or wheel sits on to the upper most limit of the roof or canopy/umbrella, including vent structures);
ii. Any umbrellas or coverings shall not extend more than two (2) feet beyond the outer edge or in height of the vendor cart or structure;
iii. Fender covers are required for rubber tires;
iv. The trailer hitch must be concealed while the vendor is occurring and, at all times the trailer is parked or stored in a zoning district where open storage is permitted;
v. If exterior lights are incorporated on the cart, the light source must be a steady light (no flashing lights) and it must be concealed or other method of indirect lighting;
12. All waste and/or refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period;
13. Time limit: Vendors in compliance with the above requirements may be approved for a one-year period. The zoning administrator may grant an annual extension with continued compliance with the standards above.
b. Special event vendor (City of Tampa sanctioned special events). During a special event or festival sanctioned by city council pursuant to a parade, block party, or road festival permit, vendors may be allowed on private property that lay adjacent to the public right(s)-of-way that is(are) closed during the special event or festival, subject to and in accordance with the parade, block party, or road festival permit, and shall adhere to the following:
1. The vendor may not impede the safe flow of people and vehicles during use of the vendor site;
2. The vendor must obtain all applicable city, county and state licenses and permits and must display them in plain view. If applicable, the vendor must also display an event authorization tag issued to the vendor by the event sponsor;
3. The vendor must clear the vendor site of all litter and debris after use;
4. The vendor shall be prohibited from selling or distributing any type of glass container; and,
5. Time limit: An approved vendor may operate during the event hours only. The vendor may prepare the specific vending location on the property beginning no more than two (2) hours prior to the special event. Furthermore, the vendor must be cleared from the property no later than one (1) hour after the end of the event.
c. Sports and entertainment vendor. These are vendors that are operating in association with any event:
1. Events held within these boundaries for the St. Pete Times Forum [sales boundaries]: south of Brorein Street, east of Florida Avenue, west of Meridian Street, and north of St. Pete Times Forum Drive;
2. Events held within these boundaries for Raymond James Stadium [sales boundaries]: south of Hillsborough Avenue, east of Lots Avenue, west of Hillsborough River, and north of Interstate-275; and,
3. Events held within these boundaries for Legends Field sales boundaries: south of Cayuga Avenue, east of Lois Avenue, west of Himes Avenue and north of Tampa Bay Boulevard.
4. When allowed, vendors must meet the following conditions:
i. Sales shall be allowed on any lot (within the above described boundaries that lies adjacent to collector or arterial street) located in an office, commercial or industrial zoning district;
ii. No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity shall encroach onto any right-of-way nor onto any adjacent private property without express permission from that property owner in accordance with this section;
iii. The vendor may not impede the safe flow of people and vehicles during use of the vendor site;
iv. The vendor shall be setback a minimum of ten (10) feet from the public right-of-way, including all display area, carts, tents, and trailers. However, at no time may the location violate section 27-283.5, Visibility at intersections;
v. The vendor shall be prohibited from selling or distributing any type of glass container;
vi. Signs shall not exceed a maximum [of] twelve (12) square feet for all total signs used in conjunction with the vending operation;
vii. The vendor shall provide a sworn statement from the property owner and the vendor on a form provided by the city indicating that the vendor has permission to vend on that site;
viii. The property owner shall state that the vendor shall meet all local, state, and federal regulations, ordinance, statutes and laws in regards to his specific business;
ix. The property owner shall state that he understands the regulations governing vendors and will be held responsible, along with the vendor, for any code violations;
x. The vendor shall not be allowed to eliminate required parking spaces for the principal use of the property;
xi. Time limit: An approved vendor may operate during the event hours only. The vendor may prepare the specific vending location on the property beginning no more than four (4) hours prior to the special event. Furthermore, the vendor must be cleared from the property no later than two (2) hours after the end of the event;
xii. Only one (1) sports and entertainment vendor shall be allowed on any individual zoning lot; and,
xiii. All waste and/or refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period.
d. Temporary vendor: Temporary vendor sales shall be allowed by permit on parcels that are zoned or used for non-residential uses subject to the following provisions:
1. No more than six (6) permits shall be issued per parcel in any calendar year and the duration of the vending on the parcel shall not exceed forty-five (45) consecutive days per permit issued on parcels that contain less than twenty-five (25) acres;
2. Unlimited permits shall be issued per parcel in any calendar year and the duration of the vending on the parcel shall not exceed forty-five (45) consecutive days per permit issued on parcels that contain twenty-five (25) or more acres;
3. No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity shall encroach onto any right-of-way nor onto any adjacent private property without express permission from that property owner in accordance with this section;
4. The vendor shall maintain a minimum setback of ten (10) feet from the public right-of-way, including all display area, carts, tents, and trailers. However, at no time shall the location violate section 27-283.5, Visibility at intersections;
5. For purposes of this subsection, allowable signage for temporary vendor tents and/or carts shall be calculated based on the "building sign" factor and method, as set forth in Article VI, Division 6, to find the maximum allowable square-feet of copy area. The maximum copy area that is determined may be utilized as building signs, banners, or freestanding signs, so long as the maximum copy area is not exceeded; and,
6. The vendor shall provide a sworn statement from the property owner on a form provided by the city indicating that the vendor has permission to vend on that site, along with the following:
i. The property owner shall state that the vendor shall meet all local, state, and federal regulations, ordinance, statutes and laws in regards to his specific business;
ii. The property owner shall state that he understands the regulations governing vendors and will be held responsible, along with the vendor, for any code violations;
iii. The vendor shall not be allowed to eliminate required parking spaces for the principal use of the property;
iv. The vendor shall be prohibited from selling or distributing any type of glass container;
v. The vendor shall be allowed to be operate on the site between the hours of 7:00 a.m. to 9:00 p.m.;
vi. Only one (1) temporary vendor shall be allowed on any individual zoning lot that contains less than twenty-five (25) acres;
vii. All waste and/or refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period.
e. Ybor City Historic District Vendor. Vendors are prohibited within the Ybor City Historic District, except as follows:
1. Vendors shall be allowed within the Ybor City Historic District under the following circumstances and subject to the following conditions:
i. During a special event or festival designated by city council pursuant to a parade, block party or road festival permit, vendors may be allowed on private property that lies adjacent to subject to the public right(s)-of-way that is closed during the special event or festival and in accordance with the parade, block party or road festival permit;
ii. On a city park if allowed by the city's parks department in connection with a event or festival of a limited duration; or
iii. As a subordinate use, which is integral to the conforming principal use of the property, the design of which subordinate use has been reviewed and approved by the Barrio Latino Commission.
2. When allowed, vendors must meet the following conditions:
i. The vendor must clear the vendor site of all litter and debris after use;
ii. The vendor shall be prohibited from selling or distributing any type of glass container;
iii. The vendor may not impede the safe flow of people and vehicles during use of the vendor site; and,
iv. The vendor must obtain all applicable city, state, county, and health department licenses and permits and display them in plain view. If applicable, the vendor must also display an event authorization tag issued to the vendor by the event sponsor.
Diagram 6.3
VENDOR CART ILLUSTRATIONS
[image omitted; see the official code]
Example 1
Example 1:
• Any covering shall not exceed the size of the cart by two (2) feet.
• Conceal trailer hitch.
• Fender skirts are required for rubber tires.
• If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed.
• Maximum cart size: W=10′ × H = 8′ × L = 20′
[image omitted; see the official code]
Example 2
Example 2:
• Any covering shall not exceed the size of the cart by two (2) feet.
• Conceal trailer hitch.
• Decorative wheels may be exposed.
• If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed.
• Maximum cart size: W = 10′ × H = 8′ × L = 20′
[image omitted; see the official code]
Example 3
Example 3:
• Any umbrella shall not exceed the size of the cart by two (2) feet.
• Conceal trailer hitch.
• Fender skirts are required for rubber tires.
• If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed.
• Maximum cart size: W = 10′ × H = 8′ × L = 20′
Vendor market. A vendor market shall be required to comply with the following standards for development:
(1) The vendor market shall be a permanent structure with a fixed foundation in the ground.
(2) Water, sewer and electrical service shall be provided on the property. Temporary utility hookups may not be used to satisfy this requirement.
(3) The development must comply with the minimum dimensional requirements set forth in section 27-177, Table 8-2 , Schedule of Dimensional Regulations.
(4) Compliance with design guidelines developed and recommended by the Barrio Latino Commission, including the applicable criteria set forth in section 27-97, is required.
(5) No open storage is permitted, including the overnight storage of vendor carts or stations.
(6) The vending activity being conducted on site must be consistent with the uses permitted in the underlying zoning district.
(7) All litter and debris must be cleared from the vendor market after each use.
(8) The placement of individual vendors may not impede the safe flow of pedestrians or vehicles within the vendor market or in, on or from the public right-of-way.
(9) Individual vendors leasing space in the vendor market must obtain all applicable city, state, county, and health department licenses, approvals and permits and display them in plain view.
(10) Access, to be approved by the department of public works, is required to provide safe ingress and egress to and from the site without damaging existing sidewalks or curbs.
(11) The design of each vendor cart or station within the vendor market must be reviewed and approved by the Barrio Latino Commission to ensure compatibility with the Ybor City Historic District.
(12) A method of approved solid waste pick up shall be provided on site by the vendor market.
(13) In reviewing this special use, the zoning administrator shall consider and base a decision on the goals of the applicable Ybor City redevelopment plan, the Tampa Comprehensive Plan and the City Code. Specifically, the approval of this special use, and the vendors within the vendor market, shall not interfere with and shall support and comply with the historic nature of the Ybor City Historic District, the pedestrian focus and the redevelopment goals in the Ybor City Community Redevelopment Area.
(Ord. No. 2013-70, § 1, 6-6-2013; Ord. No. 2013-72, § 3, 6-6-2013; Ord. No. 2014-88, § 1, 9-18-2014; Ord. No. 2015-10, § 2, 1-15-2015; Ord. No. 2016-14, § 1, 2-4-2016; Ord. No. 2016-80, § 1, 5-26-2016; Ord. No. 2017-132, § 3, 8-24-2017; Ord. No. 2017-163, § 1, 11-16-2017; Ord. No. 2018-176, § 2, 11-1-2018; Ord. No. 2019-1, § 1, 1-10-2019; Ord. No. 2019-54, § 20, 4-18-2019; Ord. No. 2022-131, § 1, 8-4-2022; Ord. No. 2022-155, § 1, 9-1-2022; Ord. No. 2022-158, § 3, 9-1-2022; Ord. No. 2024-76, § 3, 7-18-2024; Ord. No. 2025-143, § 1, 12-4-2025)
