Transfer of development rights program.
Tampa City Code § 27-141
in effectSec. 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_DIV6SIPLZODIPR_S27-141TRDERIPRFetched: 10/28/2026