Determinations concerning uses not specified.

Tampa City Code § 27-59

in effect

Sec. 27-59. - Determinations concerning uses not specified. (a) Where there is substantial doubt as to whether a particular use or uses or class of uses not specifically identified in this chapter are of the same general character as those listed as permitted principal or accessory uses or uses permissible by special use, the zoning administrator, upon request from the property owner, any administrative agency or officer of the city, or on their own initiative, shall make a determination in the matter. The zoning administrator shall give due consideration to the intent of this chapter concerning the district involved, the character of uses specifically identified, and the character of the use or uses in question. (b) The zoning administrator may determine that a use is materially similar if: (1) The use is listed as within the same structure or function classification as a use specifically enumerated in the use matrix, as determined by the Land Based Classification Standards ("LBCS") of the American Planning Association. (2) If the use cannot be located within one (1) of the LBCS structure or function classifications, the zoning administrator shall refer to the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget, or current edition) ("NAICS"). The use may be considered materially similar if it falls within the same industry classification of the NAICS. (3) In order to assist in interpretation of the use matrix, the LBCS and NAICS numbers are identified for some uses in the use matrix. In interpreting the use matrix, the following rules of construction apply: a. If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not necessarily allowable in all districts where the uses coded to the general classification are allowable simply because they share a similar LBCS or NAICS code number. b. Some uses are listed separately, but fall within the same LBCS or NAICS classification. The uses within one (1) such classification are not necessarily allowable in all of the zoning districts as the others simply because they fall within the same LBCS or NAICS classification. (4) The proposed use shall not generate average daily trips exceeding other uses allowed in the zoning district by more than ten (10) percent, as determined by the Institute of Transportation Engineers, Trip Generation (current edition) (the "ITE Manual"). The zoning administrator may also refer to similar local traffic studies. (5) The proposed use will not involve a greater level of activity, population density, intensity, parking, dust, odor, noise, or similar impacts than the uses listed in the zoning district. (6) The process for seeking a written determination under this section shall in a manner consistent with section 27-53, above. Specifically, a determination of use related to a specific parcel of land shall follow section 27-54, and a determination of use not related to a specific parcel of land shall follow section 27-56. (7) If in making the determination the zoning administrator finds that the particular use or class of use is of unusual or transitory nature or is unlikely to recur frequently, and unless their determination thereon is reversed on grounds of error on review pursuant to section 27-61 as dictated by the location of the property, the determination shall thereafter be binding on all officers and agencies of the city as an administrative ruling and without further action on or amendment of this chapter. (8) Where the zoning administrator finds in making the determination that the particular use or class of use is likely to be common or recurrent, and that omission of specific reference to this chapter is likely to lead to public uncertainty and confusion, they shall initiate a proposed amendment to rectify the omission. Until final action has been taken on such proposed amendment, the determination of the zoning administrator shall be binding on all officers and agencies of the city as an interim administrative ruling.

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_DIV1ESADOFDUPR_S27-59DECOUSNOSPFetched: 10/28/2026