SITE PLAN ZONING DISTRICT PROCEDURES

Tampa City Code ch. 27, art. II, div. 6

in effect

Tampa City Code § 27-136 Purpose.

Sec. 27-136. - Purpose. The purpose of this article is to provide for zoning districts that recognize unique conditions, allow design flexibility, and promote planned diversification and integration of uses and structures, which other zoning districts cannot accommodate. Through this process city council retains authority to establish such limitations and regulations as it deems necessary to protect the public health, safety, and general welfare, with the exception of standard technical requirements, as described in this section. The intent of these site plan zoning districts is to provide standards and requirements which: (1) Promote the efficient and sustainable use of land and infrastructure, with careful consideration of potential adverse impacts to onsite natural elements, surrounding impacted neighborhood(s), and cultural resources; (2) Allow the integration of different land uses and densities in one (1) development that would not otherwise be provided for or allowed under general zoning districts established in this chapter, which encourage compatibility in overall site design and scale, both internal and external to the project site; (3) Provide a procedure which can relate the type, design and layout of residential and nonresidential development to the particular site; (4) Acknowledge changing needs, technologies, economics and consumer preferences and allows for ingenuity and imagination in the planning and development of relatively large tracts under unified control as well as allowing flexibility in the redevelopment of older areas of the city; (5) Encourage flexible land development which reduces transportation needs, conserves energy, and will maximize the preservation of natural resources, such as streams, lakes, floodplains, groundwater, wooded areas, uplands, and areas of unusual beauty or importance to the natural ecosystem; open space; greenspace; and, historical and archaeological sites; (6) Promote and encourage development where appropriate in location, character, and compatibility with the surrounding impacted neighborhood(s), built environment, and existing geography; (7) Promote more desirable living and working environments than would be possible through the strict application of minimum requirements of other zoning districts; (8) Promote architectural features and elements, which complement the surrounding community and enhance the overall quality of the development; and, (9) Promote the retention and reuse of existing building stock. Site plan districts include general guidelines and review criteria and are subject to the procedures outlined in this article. Construction on property zoned under a site plan district may only take place consistent with the site development plan approved by city council at the time of rezoning. For purposes of this article, site plan zoning districts include Planned Development (PD), refer to section 27-227; Planned Development-Alternative (PD-A), refer to section 27-228; YC-9 (Ybor City), refer to Article III, Division 2, Subdivision 2; and SH-PD (Seminole Heights), refer to Article III, Division 5, Subdivision 5. (Ord. No. 2016-189, § 1, 12-1-2016)

Tampa City Code § 27-137 Conflict.

Sec. 27-137. - Conflict. The provisions which follow shall apply generally to the creation and regulation of all site plan zoning districts. Where there are conflicts between these special site plan district provisions and general zoning regulations, the provisions of this article shall not release the applicant from meeting other applicable provisions of the land development code, unless specific variances are requested and obtained in accordance with the provisions of section 27-139 and each applicable chapter of the land development code.

Tampa City Code § 27-138 Review procedure.

Sec. 27-138. - Review procedure. Applications for all site plan zoning districts, specifically, Planned Development (PD), Planned Development Alternative (PD-A), Ybor City (YC-9), Seminole Heights Planned Development (SH-PD), and Channel District-2 (CD-2), shall be submitted and processed as zoning amendments in accordance with the following requirements and procedures as set forth in Article II, Div. 7: (1) Preapplication plan review. Prior to submitting a formal application for a site plan zoning district, the applicant shall confer with the zoning administrator and other agencies of the city involved in the review of said application. The applicant is further encouraged to submit a land use sketch plan for review at the conference which is intended to address such matters as: a. The proper relation between the anticipated project and surrounding uses and the effect of the proposed development on the city's comprehensive plan and/or stated planning and development objectives of the city. b. The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development. c. The nature, design, and appropriateness of the proposed land use arrangement for the size and configuration of property involved. d. The ability of the subject property and of surrounding areas to accommodate future expansion, if needed. e. Compliance with locational criteria, if applicable. (2) Review materials. a. Site development plan. As required by the zoning administrator, copies of a site development plan shall be provided by the applicant for a site plan district rezoning. At a minimum, the plan shall include (unless otherwise agreed upon by the zoning administrator): 1. Scale, date and north arrow. 2. An accurate metes and bounds or legal description of the property to be rezoned. 3. Identification of the name, plat book and page number of any recorded subdivision comprising all or part of the site. 4. A vicinity map showing the relation of the proposed development to the surrounding road network and major water bodies. 5. A computation of the total acreage of the site to the nearest tenth of an acre and proposed gross density and/or total nonresidential square footage and floor area ratio. 6. The location, land use, acreage and gross density and/or floor area ratios (FAR) for each phase or increment of development. 7. The proposed timing for, location and sequence of phasing or incremental development. 8. A list of minimum design standards for each portion of the proposed project including the proposed height and yard area. 9. The location, width, pavement type, right-of-way name and other related appurtenances of all public rights-of-way adjoining, traversing or proximate to the site. 10. A delineation of areas subject to inundation and high groundwater levels up to a one-hundred-year flood classification. 11. The general direction of natural surface drainage of the proposed development site to include the proposed location of the onsite retention/detention area and point of connection to the city stormwater system, which demonstrates a positive outfall. 12. The location of existing wetlands. 13. A delineation of proposed preservation and/or conservation areas. 14. A description of the potential environmental impact on flora and fauna, with particular emphasis on endangered or threatened species which may be located on site. 15. A statement indicating the petitioners' commitment to comply with specific chapters of the City Code applicable to the project (i.e., tree and landscaping, fire, etc.) at the time of permitting. 16. Signature lines for city council chairman, city clerk, and zoning administrator. 17. For rezonings involving existing buildings with nonconforming structures or characteristics of use, the site plan shall contain the following statement: "If the structure(s) are destroyed in excess of seventy-five (75) percent of their assessed value, the redevelopment of the site regarding setbacks, buffering, parking and all other land development regulations will require review by the city council at a public hearing which complies with section 27-149(c), Public notice requirements, as amended." 18. Any other information required under the specific site plan districts pertaining to this article or which may be required, when commensurate with the intent and purpose of this Code, by city reviewing staff. b. Transportation analysis. 1. For those site plan district applications located outside of the Westshore or Downtown DRI boundaries, the transportation analysis shall be performed in accordance with the guidelines established in the Concurrency Management Procedures Manual or Transportation Impact Analysis and Mitigation Plan Procedures Manual, as applicable. 2. For those site plan district applications located within the Westshore or Downtown DRI boundaries, the following transportation analysis procedures shall be followed: A transportation analysis shall be prepared by a professional traffic engineer. The analysis shall include the total trips generated by the project and the distribution of trips onto adjacent streets. Institute of Traffic Engineers (ITE) trip generation rates or another approved source shall be used as the basis for trip generation calculations. In addition, the detailed traffic analysis shall include, but not be limited to the following: i. Level of service calculations at each project access point for both the a.m. and p.m. peak hour. ii. Level of service calculations at intersections as determined at the methodology meeting, for both the a.m. and p.m. peak hour. iii. Level of service calculations at major intersections as determined at the methodology meeting, impacted by the project for both the a.m. and p.m. peak hour. iv. A determination of need for auxiliary lanes. v. A determination of need for traffic signals or other traffic-control devices. vi. Other transportation factors as may be appropriate as determined by the City of Tampa Transportation Division, based upon generally accepted traffic engineering practices. vii. Traffic counts on all frontage streets and any other streets as requested by the City of Tampa. c. Aerial photograph. A recent aerial photograph which shows: 1. The location of existing structures and/or open space areas on adjacent properties within two hundred fifty (250) feet of the site boundary. 2. The general layout of the types, quantities and location of trees and other such significant vegetative features. 3. The property which is the subject of the rezoning shall be delineated/outlined. d. Project narrative. A project narrative of the major planning assumptions and objectives shall be submitted with the application. At a minimum, the project narrative shall include the following: 1. Project population; 2. Phasing schedule; 3. Ownership and maintenance of common open space and facilities; 4. A statement indicating the distances to all public improvements, existing or planned, such as major roads and intersections; schools; fire stations; public recreational areas and the like, which would serve the site as developed; 5. Proposed minimum design standards. If these standards vary from those established for similar uses in the general zoning districts, those differences shall be contrasted with the minimums set forth in the general zoning districts; 6. Unified control. All land included for purpose of development within a site plan zoning district shall be owned or under the control of the petitioner for such zoning designation, whether the petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present evidence of unified control of the entire area within the proposed site plan district and additionally state, by this rezoning application, that if development proceeds it will do so in accord with (1) the site development plan officially adopted for the district, and (2) such other conditions or modifications to the regulations as may be approved as part of the zoning amendment; and that the approved site development plan will bind successors in title to any commitments made with respect to this rezoning. e. List of adjacent property owners. The latest ad valorem tax records, of every parcel of land within a distance of two hundred fifty (250) feet, including roads or streets, in all directions from the property line of the land upon which the applicant requests a change on the district zoning classifications. f. For single-family detached developments, building elevations and/or photographs shall be provided that display all sides of the proposed structure(s) or similar development type. g. Sealed survey of the subject property, which demonstrates the overall boundary, topographic contours, and all trees both onsite and within twenty (20) feet of the property boundary. (3) Reviewing staff authority. The appropriate city staff shall review all information submitted for the site plan zoning district and: a. Evaluate the impact of the proposed development upon public improvements, surrounding uses and zoning patterns, significant environmental and historic features, and the surrounding neighborhood. b. Determine the degree to which the proposed development is consistent with the adopted comprehensive plan. c. Determine the adequacy of existing utilities and other public services and facilities to serve the proposed development. d. Determine the potential for expansion of such public services and facilities necessary to accommodate the proposed development. e. The nature, design and appropriateness of the proposed land use arrangement for the size, configuration, topography and natural features of the property involved. f. The adequacy of existing open space areas as proposed to serve the development. g. For all other uses, building elevations shall be provided that demonstrate compliance with section 27-136 and shall depict all sides of the proposed structure(s); however, adoption of said elevations as part of the site plan zoning district shall not prescribe a specific architectural style. (4) Development review and compliance (DRC) staff meeting. Any application for a site plan zoning district, together with all materials prescribed herein, shall be submitted to the zoning administrator on or before the filing deadline. The purpose of the DRC meeting shall be to advise and assist the applicant regarding the applicable regulations in order to bring the application into conformity with those applicable regulations, and/or to define any justifiable variations from the application of such regulations. (5) City council public hearing and approval. The city council, upon receipt of the consolidated report of the DRC, shall hold a public hearing in accordance with Article II, Div. 7. The city council shall make a determination with regard to the appropriateness of the site plan zoning district for the particular site involved and with regard to compliance with the applicable regulations. If the site development plan and the location are deemed to be acceptable and appropriate, the city council may approve, by ordinance, the application for a site plan zoning district. The chairman of the city council and city clerk shall date and endorse the certified site plan, and the plan shall be incorporated by reference into the ordinance and filed as a part of the official zoning records of the City of Tampa. (6) Construction after rezoning. a. Construction on property zoned site plan zoning district may only take place consistent with the site development plan approved at the time of the rezoning. b. If complete construction drawings have not been submitted for site and building permit application and subsequent permit does not remain active or substantial construction activity has not occurred on a site plan controlled zoning district property within five (5) years of the date of adoption of the rezoning ordinance, then the property shall be subject to all development regulations in effect at the time of submission of an application or commercial site plan review, building permit review or any other development permit review. If the site development plan cannot comply with current codes, the development would be determined to be a substantial change and would be subject to the city council review as per section 27-149(e) parcel rezoning. However, the property owner may request the zoning administrator to allow a one-year extension of development rights to the original site plan, provided the following is met: 1. The request is made by the property owner. 2. The request is submitted to the zoning administrator prior to five (5) years after the date of adoption of the rezoning ordinance. 3. The property owner must provide a written explanation as to the status of the project and the need for the extension. (7) Substantial changes; review procedure and criteria; public notice required. Changes to an approved site development plan may be permitted by the zoning administrator, with review and concurrence by the development review committee, provided the changes are determined to be non-substantial. The zoning administrator shall direct the applicant to provide public notice, pursuant to section 27-149, of the right to appeal any approval of changes to an approved site plan. The required affidavit of compliance shall be submitted to the zoning administrator or his or her designee. When a proposed change meets or exceeds any of the following criteria, thereby constituting a substantial change, such change shall be processed in like manner as the original rezoning submittal. However, any amendment, change or alteration required by permit conditions from any regulatory agency having jurisdiction over the development shall be presumed not to be a substantial change provided that no alternative solution is available. For the purposes of this article, a substantial change shall be deemed to exist where: a. There is a proposed increase of greater than five (5) percent in the total number of dwelling units or two hundred (200) dwelling units, whichever is less; or b. There is an increase in the land area or the floor area proposed for nonresidential development of ten thousand (10,000) square feet or more than five (5) percent, whichever is less; or c. There is failure to comply with conditions or stipulations authorized in the original approval; or d. There is a decrease of five (5) percent or more of the acreage set aside for open space/recreation in any phase; or e. There is a reduction of the approved number or dimension of parking spaces, unless approved by the department of public works; or f. There is an increase of more than two (2) stories in the number of floors or twenty-four (24) feet in height of nonresidential buildings; or g. There is a modification in original design concept such as a substantial change in relationships among land uses, addition of a land use category not approved under the original plan, substantial change in traffic pattern or points of ingress or egress, or an increase of ten (10) percent in total external traffic generation based on previously submitted traffic generation figures; or h. There is an increase of more than five (5) percent in total ground area covered by nonresidential buildings within the development; or i. There is a reduction in approved setbacks to perimeter property lines for the development as a whole or a reduction in the separation of residential structures which results in a lesser separation than is required by section 27-162, or as specified herein; or For individual lots within a larger development requests for changes in height, yards, buffers, and fences shall be determined by the variance review board in accordance with section 27-76 of this chapter and shall not be considered a substantial deviation; or j. There is a change in the location of the parking area that negatively impacts a surrounding residential neighborhood; or k. There is a material change in the approved method of buffering that negatively affects abutting residential property; or l. There is a change in design and location of the proposed stormwater facility that negatively impacts a surrounding residential neighborhood; or, m. There are either cumulative or concurrent sub-threshold changes proposed to three (3) or more of the above criteria; or n. Any change in a condition required by the city council as part of the site plan rezoning approval. (Ord. No. 2015-105, § 3, 10-15-2015; Ord. No. 2015-106, § 2, 10-15-2015; Ord. No. 206-189, § 2, 12-1-2016; Ord. No. 2020-166, § 23, 12-17-2020)

Tampa City Code § 27-139 General requirements.

Sec. 27-139. - General requirements. The provisions of this section shall apply to all site plan zoning districts. (1) Development standards. a. Common open space. For common open space established by an adopted site development plan for a site plan district there shall be provisions which insure that open space land shall continue as such and be properly maintained. The applicant shall either (1) dedicate such land to public use if the city or another public agency indicates a desire to accept such dedication; or (2) retain ownership and responsibility for maintenance of such open space land; or (3) provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space. In the case of (3) above, each organization shall be a non-profit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization. b. Physical characteristics of the site. 1. Existing trees shall be preserved in accordance with article VI, division 4, subdivision 3. 2. The development shall be designed and programmed so as to minimize earthmoving, erosion, tree clearance, and the destruction of natural amenities. 3. Condition of soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended. c. Signage. All signs within a site plan district shall be in conformance with the sign regulations set forth under the applicable provisions of the City of Tampa Code including, without limitation, Article VI, Division 6 and the regulations regarding signage contained in this chapter; however, an application for a site plan district may seek a variance from the foregoing sign regulations under the following circumstances: 1. A variance could otherwise be legally granted under the Code in connection with the sign regulation(s) in question by another city board possessing the power to grant variances if the property was not subject to a site plan district; 2. The applicant has presented substantial and competent evidence as part of the site plan zoning record, in accordance with sections 27-80, 27-96(d), or 27-114(d), as applicable; and 3. If the grant of variance(s) requested by the applicant would result in altered sign placement, increased height, and/or an increase in the total sign copy area, then would otherwise be allowed under the applicable sign regulations of the city, then the applicant shall state such variance(s), in detail, from the specific sign requirement(s) of Code, that would be granted if the variance(s) is/are approved and the reason(s) said variance(s) is/are necessary in this site plan district. Notwithstanding the foregoing authority to grant variances in a site plan district, no variance shall be granted for any sign prohibited by Article VI, Division 6, Signs or by applicable special or overlay district, as set forth in this chapter. Nonconforming signs, which are not specifically granted those variances necessary to render them conforming signs as part of a site plan zoning district, shall not be vested by approval of said site plan zoning district, and shall continue to be governed by the nonconforming sign provisions set forth in Article VI, Division 6. d. Refuse stations, storage areas and off-street loading areas. 1. Location. Refuse stations, storage areas and off-street loading areas shall be designed with suitable screening and located where safely accessible and serviceable for its purpose. All refuse containers shall be located within the property no closer than the front building set back line during non-collection days. Said areas shall not be located in a front yard or within buffer areas [Refer to section 27-284.3.3, section 27-288(b), and section 26-166(I)]. 2. Screening. These areas, including any materials stored therein, shall be screened from the public right-of-way and adjacent property with a solid material which may include walls or fences and which are a minimum of six (6) feet in height. e. Utilities. Underground utilities, such as telephone, television, cable and electrical systems, are required except in those circumstances where the economics, physical constraints, and/or the surrounding area make the provision of underground utilities impractical. Appurtenances to these systems which require aboveground installation shall be permitted where natural features or safety or technical conditions necessitate aboveground construction and routing. Aboveground installations shall be constructed and routed to minimize detrimental effects to the visual character of the district and must be effectively screened. Fire hydrants, public and emergency telephones, accesses to such utilities and primary facilities providing service to the site are excepted from these requirements. f. Nonresidential areas. 1. Shopping areas and recreational facilities within a site plan district shall be located so as to minimize noise and traffic and to ensure compatibility with nearby residential areas. 2. Bicycle parking facilities shall be provided in adequate number as determined by the zoning administrator for all nonresidential uses within a site plan zoning district. In determining the required number of bicycle parking spaces, the zoning administrator shall consider a bicycle parking space to automobile parking space ratio of 1:10. In all cases where bicycle parking is required, no fewer than two (2) spaces shall be provided. Bicycle parking facilities shall be located in a clearly designated, safe and convenient location; shall not interfere with pedestrian traffic. (2) Alternative residential development. The traditional lot-by-lot development pattern may not be the most appropriate design concept for the development of all residential parcels within the city. Accordingly, development such as cluster, zero lot line, etc., which allows flexible design and increased open space may be considered in PD and PD-A Districts only. a. Review criteria. 1. Subdivision. Alternative residential developments shall be limited to fee-simple ownership and shall, therefore, consist of subdivided lots. 2. Lot size. No minimum lot size is established; however, the overall project land area must be of sufficient size to satisfy land development regulations. 3. Housing type. All variations of single-family development are permitted (i.e. single-family detached, semi-detached, attached). 4. Structural setbacks. Proposed setbacks shall be clearly identified on the site plan. In determining flexible setbacks, a variety of criteria will be considered. Setbacks shall be compatible with those on adjacent parcels and shall use section 27-156(c) as a guide. Reduced setbacks will only be approved provided there is adequate open space, fire access, driveway and parking space. In addition, such proposals shall include design and location of garages, HVAC and pool equipment; and additional landscaping; which maximize the aesthetics of the project. 5. Parking. Of the parking spaces required for each lot, a minimum of one parking space shall be in a garage or carport, either of which must be structurally integrated within the principal dwelling unit. 6. Density. The overall density permitted by the respective land use category shall not be exceeded. (3) Locational criteria. Refer to the Tampa Comprehensive Plan, Future Land Use Element for locational criteria guidelines. For properties located in Residential-10, -20, -35, -50, and -83 land use categories, and where the proposed use for the subject rezoning is residential office or neighborhood commercial, all such rezonings shall meet the requirements of section 27-164. (4) Waivers. One (1) purpose of the site plan district is to provide design flexibility; however, certain minimum standards are deemed to be essential to the integrity of this article. Therefore, waivers to the following sections of this article and other requirements of the City of Tampa Code of Ordinances listed herein are strictly prohibited, unless expressly allowed in this article: a. Section 27-138, Site Plan Zoning District Review Procedures; and b. Section 27-139, General Requirements - (1)(a) Common Open Space, (1)(b) Physical characteristics of the site, and (3) Locational Criteria; and c. Section 27-164, RO, RO-1 and CN Districts - (a) Purpose/definition, (b) permitted uses, (c)(2) Urban Design criteria, (c)(3) Site development plan, (d) Existing districts; and d. Section 27-227, Planned Development District (PD)-(c) Density/Intensity; and e. Section 27-228, Planned Development Alternative [PD(A)] - (c) Density/Intensity, (e)(1) Specific requirements; and f. Section 27-140, Bonus Provisions; and g. Stormwater Technical Standards, as adopted per section 21-116.1; however, alternative designs may be considered by the director of stormwater or designee; and h. Solid waste/refuse stations technical standards, as adopted per Chapters 26 and 27; however, alternative designs may be considered by the director of solid waste or designee; and i. Transportation Technical Standards, as adopted per section 22-292; however, alternative designs may be considered by the director of public works or designee; and The applicant may present expert testimony and the like in an attempt to refute criteria [listed in section] 27-138 above; city council may hear this evidence and seek further counsel from the appropriate city staff to reach an acceptable, functional, and safe solution. Sections of this article which are eligible for review and approval of a waiver, based on criteria stated herein, by city council are: a. Section 27-139, General requirements, (a) (6) Nonresidential areas; (b) Alternative residential development. b. Section 27-164, RO, RO-I and CN Districts, area, height, bulk and placement regulations. (except for density and intensity) It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a site plan rezoning request. Furthermore, it shall be the responsibility of the applicant to present any additional information needed to support a request for a waiver pursuant to this section. The following are the criteria for consideration of a waiver through a site plan controlled rezoning: 1. The design of the proposed development is unique and therefore is in need of waiver(s); however, with waiver(s) granted, the purpose and intent this article stated in section 27-136 is met. 2. The waiver, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the waiver. 3. The waiver is in harmony with and serves the general intent and purpose of this Chapter, other applicable City of Tampa land development regulations, and the adopted Tampa Comprehensive Plan. 4. Allowing the waiver will result in substantial justice being done, considering both the public benefits intended to be secured by this chapter, other applicable City of Tampa land development regulations, the Tampa Comprehensive Plan, and the individual hardships that will be suffered by a failure of city council to grant a waiver. The project narrative shall include a description of the waiver criteria and the rationale for the request. This subsection supersedes the variance procedures established for other chapters of the City of Tampa Code. The PD site plan must identify the requested waivers of required land development regulations. Through the public hearing process the applicant must demonstrate compliance with the criteria established, in the relevant code, for the city council to grant approval of the waiver. Where city codes do not allow for waivers or variances, city council may not grant waivers through the PD rezoning process. The development review committee (DRC) shall evaluate the waiver(s) requested based on the criteria above and deliver its findings to city council during the scheduled public hearing. (Ord. No. 2016-189, § 3, 12-1-2016; Ord. No. 2019-54, § 21, 4-18-2019)

Tampa City Code § 27-140 Bonus provisions.

Sec. 27-140. - Bonus provisions. (a) Purpose. The method and calculation ensures that new development will provide and/or contribute to those amenities that enhance the urban quality of life and that balance or compensate in the form of bonus floor area to achieve the desired density/intensity in this area. In order to receive consideration for granting of any bonus in floor area, a property owner and/or developer must demonstrate compliance with the bonus methodology and calculation, including the process and procedures, as set forth in this section. This section, however, does not mandate the award of the bonus to the applicant. (b) Compliance. All new development, requesting CD-2, PD, PD-A, YC-9, or SH-PD zoning, within the CBD Periphery, and/or within a future land use category that allows for potential bonus density and/or intensity ("FAR"), shall adhere to the regulations set forth in this section, in order to seek approval for such bonus. Developments that have been granted bonuses by city council, per the provisions of this section, shall not be granted any further administrative increase in floor area or unit count through section 27-138(7). (c) Review procedure. The developer/property owner(s) shall submit bonus cost incentive estimates to the zoning administrator for review and evaluation during the rezoning or applicable process. The zoning administrator shall determine compliance with the provisions set forth in this section and report findings to city council for consideration. Subsequent to a bonus density/FAR and rezoning approval and prior to the issuance of the first permit for vertical construction for the project, the developer/property owner(s) shall submit certified materials and construction cost estimates to the zoning administrator for review of compliance with the bonus-related rezoning conditions. If the zoning administrator finds that the approved bonus calculations have not been met (amenities and/or dollars are deficient), the developer/property owner shall disburse the remaining (deficient) dollar amount to an available city funding source for similar or related public infrastructure, affordable housing, and/or public parking improvements. The developer/property owner shall notify the zoning administrator of all disbursements made to the city. Any disbursements made to a city fund as stated herein, shall not be refundable or reimbursable. (d) Bonus provision agreement. The developer shall prepare a draft bonus provision agreement describing the nature and timing of the amenity or amenities proposed and penalty for noncompliance. The agreement shall be entered into between the developer and the city prior to, or concurrently with, the second reading public hearing of the related, proposed rezoning. (e) Site plan zoning condition. The developer shall include a zoning condition on the final site plan to be submitted to the zoning administrator for certification that states the following, "Development shall comply with the provisions set forth in section 27-140 regarding bonus density/FAR. Refer to the 'Bonus Provision Agreement' that demonstrates compliance with section 27-140, approved/adopted concurrent with this site plan zoning." (f) List of improvements and amenities to achieve bonus density/FAR. The City of Tampa recognizes the need for certain improvements and amenities that generally enhance the urban quality of life. The list below represents those bonus improvements/amenities, from which the developer/property owner may choose any combination thereof to provide, in order to achieve an equivalent amount of bonus density/FAR, as calculated pursuant to this section: (1) Provision of ten (10) percent of the project's dwelling units as affordable housing. Those units shall be affordable to those buyers or renters who earn no more than eighty (80) to one hundred twenty (120) percent of the area median income (AMI) for the City of Tampa, for a minimum of thirty (30) calendar years from the date of the issuance of the certificate of occupancy for each individual unit deemed affordable. Financial parameters shall be set forth in the developer's agreement for this provision, as reviewed and agreed to by housing and community development, land development coordination and the city attorney for sufficiency. (2) Use of unused developments rights, approved through the Transfer of Development Rights Program procedures, set forth in section 27-141. (3) Contribute to or provide an improvement for use by the general public, located within a public easement, public right-of-way, or on public property, within the same multi-modal transportation impact fee district as the proposed development project, and which meets at least one (1) of the following options (developments may use more than one (1) of the options below and achieve the related bonus density/FAR for any/all improvements that meet the applicable criteria below): Option 1: a. Identified in/on an approved, adopted, or accepted city plan for sidewalk(s), pathway(s), trail(s), bike lane(s), and/or on-street parking space(s); and b. Identified on the city's current capital improvement plan; Option 2: a. A physical connection to an improvement that meets the criteria of Option 1 above; and b. Such connection shall meet the minimum applicable standards set forth in the Florida Greenbook for Pedestrian and/or Bicycle Facilities (most current edition); Option 3: a. A physical connection to an improvement that meets the criteria of Option 1.a. above; b. That connects to an improvement that was constructed as a city capital improvement; and c. Such connection shall meet the minimum applicable standards set forth in the Florida Greenbook for Pedestrian and/or Bicycle Facilities (most current edition); Option 4: a. A physical connection to an improvement that meets the criteria of Option 1.a. above; b. That connects to an improvement that was constructed to achieve bonus density/FAR in accordance with option in this paragraph; and c. Such connection shall meet the minimum applicable standards set forth in the Florida Greenbook for Pedestrian and/or Bicycle Facilities (most current edition); Option 5: a. Any proposed landscape and/or streetscape elements ("enhancements") associated with an improvement that meets the criteria of Option 1 and/or 2 above (bonus achieved only for that increment of value above the minimum city code standard(s) for such enhancements); and b. Such enhancements shall be of a compatible design to those enhancements to which the bonus enhancements are connecting ("compatible" includes enhancements of an approved design equivalent, subject to approval of the planning and urban design manager or designee). (4) Commitment to secure, and verification of award prior to certificate of occupancy, LEED Certification for applicable rating system category, at silver or higher rating. (5) Provision of public parking (paid-parking is allowed), available and open to the general public, twenty-four (24) hours per day, year-round. (6) Transit operational support subsidy, provided in accordance with subsection (g)(1) of this section. (7) Relocation and/or installation of all utilities (poles, wires, cables, conduit, and all related equipment) underground, on-site and within all immediately adjacent rights-of-way. For properties with multiple right-of-way frontages, bonus can be achieved equivalent to each right-of-way segment completed. (8) Use of graywater technologies (defined as that part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste) allow for the following density/intensity bonus: Amount of Graywater Provided | Maximum Bonus Density/Intensity If at least seventy-five (75) percent of a proposed or existing development will have a graywater system installed | 25% If one hundred (100) percent of a proposed or existing development will have a graywater system installed | 35% (g) Bonus FAR methodology and calculation. The mathematical calculation, as described in subparagraph (3) below, hereby establishes the method by which the city and the developer shall determine the amount of bonus FAR to be considered for approval by city council. Generally, the formula provides a public subsidy to offset the developer's added cost of including additional public enhancements, by allowing development intensity beyond the base FAR of the subject "future land use" category. To achieve a "standardized" means of calculation, the following components shall be used in the bonus FAR calculation: (1) The current "per square-foot sum" of the construction cost (see a. below) and the (average) market land value shall equal the "development cost." a. Construction costs shall be based on a standard index and/or cost data. The city shall refer to the most current publication of the International Code Council (ICC) "Building Valuation Data" or similar, widely accepted, industry standard publication. b. The zoning administrator shall use the most current, average market land value ["AMLV"] calculated for and within the applicable boundaries, as follows: 1. The CBD Periphery, as adopted in the Tampa Comprehensive Plan; 2. The applicable Urban Village boundary as identified in the Tampa Comprehensive Plan; 3. The applicable special (zoning) district, overlay district, or CRA plan area. If the subject property is not located within one of the boundaries described in 1.—3. above, the AMLV shall be calculated by using: 4. The most current market value, according to the Hillsborough County Property Appraiser's records; or 5. The most recent, recorded "sale(s) price" figure, according to the Hillsborough County Property Appraiser's and/or Clerk of the Circuit Court records. The final figure to be used as the (average) market land value in calculating the "development cost" shall be the highest figure from the applicable options 1.—5. above. (2) In order to fine-tune the incentive, a cost factor is applied to either increase or decrease the impact. a. For properties located outside the Channel District (CD), a "bonus cost ratio" of 10:1 is hereby established, representing for every one dollar ($1.00) contribution to an approved improvement/amenity from the list set forth in subsection (f) above, the developer/property owner is granted ten dollars ($10.00) in equivalent development dollars, which then translates to bonus unit(s)/FAR, based on the proposed developments overall costs. b. For properties located within the Channel District (CD), the bonus cost ratio is 100:1, representing for every one dollar ($1.00) contribution to an approved improvement/amenity from the list set forth in subsection (f) above, the developer/property owner is granted one hundred dollars ($100.00) in equivalent development dollars which then translates to bonus unit(s)/FAR, based on the proposed developments overall costs. (3) The following sample tables demonstrate the bonus density/FAR method and calculation: Development Features: Bonus Cost Ratio (City-wide, excluding CD) | 10:1 (within CD) | 100:1 Subject Site Land Area (in square feet (SF)) | Amount of Land SF Average Market Land Value (AMLV) or Recent Sales Price (RSP) per SF | $ per SF Construction Cost (CC) per SF | $ per SF Development Cost per SF: (DC = AMLV or RSP + CC) | $ per SF Base FAR # | Refer to Future Land Use Category Potential Maximum FAR w/Bonus | Refer to Future Land Use Category Bonus Incentive Calculation for Specific Development: Subject Site Land Area (in square feet (SF)) | Amount of Land SF Base FAR # for Subject Site (Subject Site SF × Base FAR) | Amount of Gross Floor Area SF (per Base FAR) Proposed FAR # (Subject Site SF × Proposed FAR) | Amount of GFA SF (per Proposed FAR) Actual Bonus FAR in Gross Building Area (SF) (Proposed FAR — Allowable FAR) | Actual Bonus FAR SF Bonus Cost Ratio per Bonus SF (Bonus Incentive $) (Ratio = DC/10) | Bonus Incentive $/SF Development Incentive $ for public improvement/amenity (Bonus Incentive $ × Actual Bonus FAR SF) | Total Development Incentive $ Bonus Amenities ($) Proposed by Developer to be Applied to Bonus Incentive ($): Total Development Incentive $ (public improvement) (Bonus Incentive $ × Actual Bonus FAR SF) | Total Development Incentive $ Improvement/Amenity (e.g. land area × AMLV or RSP + $ expenditure) | ($) Improvement/Amenity (e.g. cost of feature + installation) | ($) Transit Support Subsidy (e.g. cost/year per rider for 20 yrs. × projected population for project based on COT P.P.H.) | ($) Public Art (Note: For only development outside of CBD & CD) | ($) Balance: | $0 (h) Miscellaneous formulas. Certain amenities may receive bonus credit for subsidies that the developer/property owner(s) provides for multiple years. These amenities are calculated based on the following methods: Transit support subsidy. To provide transit support subsidy dollars as a bonus amenity, the developer/property owner(s) shall fund on either an annual basis or as a lump sum payment, the cost per rider based on the projected population, or fraction thereof, of the subject project. The subsidy shall be provided for a period of no less than twenty (20) years with the first annual payment made to Hillsborough Area Regional Transit Authority prior to the issuance of the first certificate of occupancy for the development. To calculate the "total bonus credit" for a transit support subsidy, follow Steps One (1) through Three (3) below: Step One | Step Two | Step Three Persons Per Household × # of Units in Project Projected Population | Projected Population × Current Cost per Rider Bonus Transit Subsidy | Bonus Transit Subsidy × 20 (years) Total Bonus Credit Notes: 1. Current cost per rider figure shall be provided by Hillsborough Area Regional Transit Authority. 2. Projected population shall be derived from the City of Tampa's most current "persons per household" figure. 3. If a transit subsidy is being requested in order to provide less than the required rate of parking for a development, then said subsidy shall be equal to the cost per rider for the projected population for those units that are not provided the required parking or increment thereof. (i) Maintenance. Bonus credit shall be given for expenditures (both labor/operating and capital) related to maintenance of those amenities used in the bonus calculation. The developer/property owner shall provide an estimate for the total maintenance expenditures, subject to the following: (1) Credit may be given for areas designated for full public access and only for that portion of the feature that exceeds the minimum standards of city code. (2) Said estimate shall be calculated for a period not to exceed twenty (20) years. (3) Said estimate shall include a separate calculation for the labor/operating maintenance expenditures. These expenditures shall not exceed fifty (50) percent of the total dollars for maintenance and shall be expressed in present dollars. (j) Bonus provisions review. The city may review the "bonus improvements/amenities" list and related requirements to determine any change in community needs/desires and general relevance to current market conditions. All proposed text amendments shall follow the process as defined in section 27-149. Said review may include amenity and bonus cost/benefit analyses that consider the following factors: (1) Any changes to the bonus cost ratio (multiplier). (2) Public benefit derived from bonus improvements/amenities. (3) Developer benefits derived from bonus improvements/amenities vs. bonuses received. (4) Negative impacts that result from bonus gain(s) (traffic congestion, air quality, visual impacts, etc.). (5) Addition, elimination, and prioritization of the items on the bonus improvements/amenities list. (Ord. No. 2016-58, § 2, 4-21-2016; Ord. No. 2022-137, § 1, 8-25-2022; Ord. No. 2022-171, § 1, 10-6-2022)

Tampa City Code § 27-141 Transfer of development rights program.

Sec. 27-141. - Transfer of development rights program. (a) Intent. The transfer of the development rights program ("TDR") allows the transfer of unused development rights from properties which are intended to be preserved to designated receiving areas. The TDR program uses market forces to provide additional incentives for preservation of historic buildings by allowing developers the right to acquire development rights that can be used to increase development at a suitable location. (b) Eligibility. Only landmark sites that have buildings that have received a designation as a landmark structure or a contributing structure pursuant to Article V, Division 3 of this chapter, shall be eligible to be designated as "sending sites" under the TDR program, pursuant to the following procedures and criteria: (1) Eligibility for issuance of a certificate of transfer is determined by the historic preservation manager. (2) Prior to the issuance of a certificate of transfer, the historic preservation manager shall determine whether the buildings and structures on sending site have been preserved and rehabilitated in accordance with the Secretary of Interior Standards and in compliance with the applicable provisions of Chapter 27, including the following elements: a. Exterior wall, foundations, or other vertical support; b. Flooring and floor supports, roofs, or other horizontal structural members; c. External chimneys; d. Exterior finishes such as brick, wood, siding, stucco, plaster and mortar; e. Waterproofing of exterior walls, roofs, basements and foundations, including windows, doors, painting or other appropriate permanent weather protection or protective covering to insure the structure is and remains watertight; f. Exterior stairs, porches, handrails, window and door frames, canopies, balconies, cornices, entablatures, wall facings, and architectural details; g. Any other exterior element contributing to the buildings or structures on the sending site or required to be addressed in order to address a hazardous or unsafe condition; h. Any other causes of building decay or deterioration not otherwise specified above. (3) Prior to being designated as a "sending site" as provided for herein, the property owner shall enter into an agreement for rehabilitation and maintenance that provides, at a minimum, the stipulations set forth in subsection (2) above and any other provisions which the city determines are reasonably appropriate in order to preserve the sending site given specific issues on the property. Agreement by the property owner that the landmark or contributing structures on the sending site will not be permitted to fall into a condition of neglect, including but not limited to the following conditions: a. Deterioration of exterior wall, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling; b. Deterioration of flooring and floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling; c. Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling; d. Deterioration of crumbling or exterior brick, wood, siding, stucco, plaster or mortar; e. Ineffective waterproofing of exterior walls, roofs, basements and foundations, including broken windows or doors; f. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering; g. Rotting, holes, and other forms of decay; h. Deterioration of exterior stairs, porches, handrails, window and door frames, canopies, balconies, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling; i. Deterioration that has a detrimental effect on the surrounding historic district; j. Deterioration that contributes to a hazardous or unsafe condition. (4) If the buildings or structures on the sending site do not meet the requirements set forth above, then the agreement for rehabilitation and maintenance shall include a process and time frame for completion of the work in accordance with the applicable provisions of Chapter 27 necessary to preserve and rehabilitate of the deficiencies identified by the historic preservation manager in accordance with the Secretary of Interior Standards and the applicable provisions of Chapter 27, and penalties for failure to comply, including withholding the certificate of transfer. The agreement may include, at the city's discretion, terms and conditions of a third party escrow agreement pursuant to which the proceeds of sale of the certificate of transfer will be deposited and disbursed by an escrow agent in order to insure completion of the work required to be performed. (c) Certificate of availability. Once the eligibility of the sending site is established, a site is eligible to receive a certificate of availability, as issued by the zoning administrator or designee, which reflects the development rights available for transfer from the sending site. (d) Certificate of transfer. Once a certificate of availability has been issued and a receiving site has been identified, the zoning administrator or designee may approve the certificate of transfer, which shall be numbered and shall be recorded with the Clerk of the Circuit Court. The certificate shall reflect the development rights being transferred. The certificate of transfer may be conditioned upon a third party escrow agreement, as provided for in the agreement for rehabilitation and maintenance. (e) Enforcement through restrictive covenant of zoning. Prior to issuance of a certificate of transfer, a restrictive covenant approved by the city in form and content shall be executed and recorded in the public records (the TDR restrictive covenant). The TDR restrictive covenant shall describe the adjusted development rights of the sending site. Such restrictive covenants shall run with the land, shall be binding on successors, heirs and assigns, and shall require the subordination of all mortgagees of record. In addition, the agreement for rehabilitation and maintenance shall also be executed and recorded in the public records and become part of the TDR restrictive covenant. The agreement may be specifically enforced in a court of competent jurisdiction or through any other manner as provided for by applicable law. (f) Destruction and/or demolition of property. If a structure located on a sending site with adjusted development rights is destroyed, the sending site may only be redeveloped to the extent of the adjusted development rights as recorded in the TDR restrictive covenant. (g) Calculation of development rights. (1) Sending site. The amount of development rights that can be transferred from an eligible sending site is calculated by multiplying the base dimensions of the property, minus minimum zoning district setbacks, multiplied by the number of stories (by a rate of one (1) story equals ten (10) feet in building height) allowed in the base zoning, minus the total square footage of the structure located on the property. The amount shall not include the calculation of any overlay incentive or other "additional height" program. For example: Table 6-2 (Example Calculation): Sending Site base property dimensions | 100' × 200' Minimum RM-24 Zoning setbacks | 25' front, 7' side/corner, 20' rear Sending Site property base property dimensions less minimum setbacks | 86' × 155' Maximum Allowable Height under RM-24 Zoning | 6-stories Allowable development rights | (86' × 155') × 6 = 79,980 SF Existing structure | 30,000 SF Transferable development rights | 79,980 SF — 30,000 SF = 49,980 SF (2) Receiving site. The maximum amount of development rights that a receiving site can incorporate is limited by the maximum building height of the receiving zoning district measured in stories at a rate of one (1) story equals ten (10) feet in building height. (h) Sale, assignment, or transfer of development rights after issuance of certificate of transfer. The sale, assignment or transfer of development rights after issuance of a certificate of transfer is permitted, so long as a valid certificate remains in compliance with this section. (Ord. No. 2016-58, §§ 3, 10, 4-21-2016)

Source: City of Tampa, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH27ZOLADE_ARTIIADGEPR_DIV6SIPLZODIPRFetched: 10/28/2026