ESTABLISHMENT OF ADMINISTRATIVE OFFICER, DUTIES, AND PROCEDURES

Tampa City Code ch. 27, art. II, div. 1

in effect

Tampa City Code § 27-51 Establishment of administrative officers.

Sec. 27-51. - Establishment of administrative officers. The provisions of this chapter shall be administered by the following designated officials within the department: (a) Code administrator; (b) Zoning administrator; (c) Planning and urban design manager; (d) Natural resources coordinator; (e) City transportation engineer; (f) Architectural review commission (ARC) administrator; (g) Barrio Latino Commission (BLC) administrator. (Ord. No. 2019-54, § 12, 4-18-2019; Ord. No. 2020-166, § 4, 12-17-2020)

Tampa City Code § 27-52 Duties of the zoning administrator.

Sec. 27-52. - Duties of the zoning administrator. (a) The zoning administrator or designee shall have the power to perform the following duties: (1) Provide zoning counseling; (2) Issue written determinations to property owners on applications for zoning certifications, zoning verifications, code interpretations, vested rights, and nonconforming status; (3) Grant or deny alternative design exceptions; (4) Grant or deny S-1 permit applications; (5) Review and grant or deny business operating permits for zoning compliance; (6) Review development permit applications pursuant to City of Tampa Code of Ordinances for zoning compliance; (7) Make or cause to be made inspections of buildings or premises necessary to carry out the enforcement of this chapter, including rendering opinions regarding this chapter to other appropriate staff; (8) Take all necessary action as provided for within this chapter and any other provisions of the City of Tampa Code of Ordinances; (9) Make recommendations to city council regarding zoning applications, comprehensive plan amendments, and amendments to this chapter and related land development regulations; (10) On a monthly basis, transmit a list of all current or pending applications for rezonings, and special uses and variances to the officially registered neighborhood associations, as feasible; and (11) On an annual basis, present all formal decisions to city council for action by resolution placing said determinations in the public records of the city clerk. In addition, the zoning administrator or designee shall be responsible to maintain all records which are submitted as part of any review process set forth in the chapter.

Tampa City Code § 27-53 Written determinations by the zoning administrator or applicable code authority, as set forth in this chapter, generally; types; processes; limitations.

Sec. 27-53. - Written determinations by the zoning administrator or applicable code authority, as set forth in this chapter, generally; types; processes; limitations. (a) Types of written determinations. The zoning administrator, applicable code authority as set forth in this chapter, or designee shall have the authority to render a written determination on the following after filing the appropriate application and payment of the required fee: (1) Certification: a. Request regarding the zoning classification of a particular parcel and associated permitted uses, based on the Official Zoning Atlas and Zoning Code in effect at the time of the application; b. Request for reasonable accommodations related to a specific building, structure, or development, subject to section 27-62; (2) Interpretation—Request regarding the general meaning of a Code provision, the effect of a Code provision on a specific property, or whether a proposed use or a proposed site plan (which has not been submitted for approval) complies with Zoning Code requirements; (3) Vested rights in accordance with this chapter; and (4) Non-conforming status, in accordance with this chapter. Written communication by the zoning administrator to the mayor and city administration, city council, appointed boards, commissions, special magistrates and hearing officers, city staff and the legal department shall not be considered a written determination pursuant to this section. (b) Processes for written determinations. An application for a written determination must be submitted in writing to the zoning administrator through one (1) of the following processes: (1) Formal decision; (2) Certification; or (3) Advisory opinion. All applications must be complete and applicable fees shall be paid at time of submittal of any application for written determination. (c) Limitations on written determinations. An application for written determination shall be limited as follows: (1) Under no circumstances is the zoning administrator permitted to grant exceptions to the actual meaning of any clause, standard or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use either a building, structure, or land. (2) The zoning administrator is not permitted to make changes to this chapter or to vary the terms of this chapter in carrying out their duties, except as specifically set forth in this chapter. Due to that limitation on the zoning administrator's authority, a written determination shall not be construed as a waiver of any provisions of this chapter. (3) Interpretations shall not be given to any person based solely on hypothetical facts. (4) A decision approving the interpretation proposed in the application shall not authorize the establishment of the use nor the development, construction, reconstruction, alteration or moving of any building or structure. It shall merely authorize the preparation, filing and processing of applications for any approvals and permits that may be required by the city's Land Development Code. (5) If conflict occurs between the requirements of the Land Development Code and the standards adopted as part of a planned development, development agreement, site plan or annexation agreement, the requirements of the Land Development Code shall prevail. (6) The zoning administrator or designee shall base an interpretation on three (3) considerations: a. The defined or common meaning of the words or provision. b. The general purpose of the provision as expressed in the provision. c. The logical or likely meaning of the provision viewed in relation to the Comprehensive Plan. (7) The zoning administrator may issue a written determination when the applicant demonstrates compliance with the imposed conditions of this chapter, but shall not consider whether the use or the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties. (Ord. No. 2018-150, § 1, 10-4-2018)

Tampa City Code § 27-54 Process for applications for written determinations as formal decisions.

Sec. 27-54. - Process for applications for written determinations as formal decisions. (a) The following applications shall be reviewed pursuant to the formal decision process: (1) Vested rights; (2) Non-conforming status; (3) A request for written determination regarding a specific parcel of real property in order to obtain a final, legally enforceable decision upon which the City of Tampa may approve applicable permits. (b) General requirements. The zoning administrator or designee shall review such request according to the process provided for in this section. (1) Application for formal decision shall relate to a specific parcel of real property and shall only be filed by the owner of such real property, or designated agent. (2) Each application shall include a statement regarding ownership of the subject property and, where applicable, a statement designating the agent of the property owner. (3) The application must identify (at a minimum) the applicant; provide an address for the subject property; folio or parcel identification number; and, if a request for code interpretation, identify the specific section of the Tampa Code for which a determination is requested. (4) The request shall be limited to a single subject. If an applicant is in need of determinations of multiple parcels of land or multiple inquiries, additional fees shall be paid per parcel or inquiry requested. (5) The zoning administrator is under no obligation to process the request unless the request is clear and unambiguous, and otherwise complies with this section. (6) If the zoning administrator determines the request presents the same issue as is pending before another department or board, the zoning administrator shall advise the applicant, and the zoning administrator is under no obligation to further process the request. (7) The zoning administrator shall consider all written documentation received as part of the application and through the open record period and any other relevant information obtained through research conducted by the zoning administrator or designee. In addition, the zoning administrator shall have the authority to review and evaluate the request in light of the Comprehensive Plan, this Code, the Official Zoning Atlas, and other statutes, codes, ordinances and regulations, whichever are applicable, and to consult with appropriate city staff and the legal department, if so desired. (c) Open record period. (1) Upon receipt of a complete application and payment of the appropriate fee, the zoning administrator shall direct the applicant to provide notice as follows: Mailed and posted notice shall provide the information about the open record period, including the specific date upon which the open record period will close. The applicant shall file the required affidavit of compliance with the zoning administrator prior to the conclusion of the open record period. (2) The open record period shall conclude fifteen (15) calendar days after the date that the mailed notification is postmarked as demonstrated by the certificate of mailing. The open record period may be extended at the request of the applicant only, for an additional fifteen (15) calendar days, in order for the applicant to review the record and submit additional information, if so desired. (3) At the conclusion of the open record period, the zoning administrator shall not accept for consideration any additional evidence or information. (d) The zoning administrator shall render a written order on the formal decision application, based upon competent evidence, no later than forty-five (45) calendar days after the conclusion of the open record period. This order shall include the following (as applicable): (1) A summary of all information received and/or considered (2) Findings of fact. (3) A determination of compliance or a finding of all points of noncompliance with the Comprehensive Plan. (4) The reasons for the decision, including conditions, if any. (e) A copy of the written order shall be transmitted to all persons who provided written information to the zoning administrator. The written order granting or denying the application shall be not be final until the review time has concluded, pursuant to section 27-61. (f) The formal decision and all documents reviewed and/or considered by the zoning administrator in rendering the formal decision shall be kept and maintained by the zoning administrator as part of the permanent record of activity on the parcel of real property which was the subject of the formal decision, until such time that the records are transmitted to the city council pursuant to section 27-52(a)(11). (g) The formal decision of the zoning administrator shall be reviewed pursuant to according to the provisions of section 27-61, review method. The procedures for required public notice for the review hearing before city council and the hearing officer shall be governed by section 27-149. (h) The applicant, on written request, may withdraw the request for formal decision at anytime prior to the zoning administrator rendering a written order on the request. No application for formal decision will be considered by the zoning administrator for the same request, which was the subject of the withdrawn application for a period of six (6) months following the date of the request to withdraw. (Ord. No. 2020-166, § 5, 12-17-2020)

Tampa City Code § 27-55 Process for applications for written determinations as certifications.

Sec. 27-55. - Process for applications for written determinations as certifications. (a) Applications for certification, requests regarding the zoning of a particular parcel and associated permitted uses, dimensional standards, and site specific development requirements, shall be reviewed according to the process set forth in this section. (b) General requirements. The zoning administrator or designee shall review such request according to the process provided for in this section. (1) Applications for certification shall relate to a specific parcel of real property. (2) The application must identify (at a minimum) the applicant; provide an address for the subject property; folio or parcel identification number. (3) The request shall be limited to a single parcel of land or parcels of land which are combined to create one (1) zoning lot. If an applicant is in need of certifications for multiple parcels of land, additional fees shall be paid per parcel certification requested. (4) The zoning administrator or designee shall review the Official Zoning Atlas, applicable provisions of the City of Tampa Code of Ordinances, and if necessary, any official records of the City of Tampa that may relate to the zoning classification, associated permitted uses, dimensional standards, and/or site specific development requirements of the specific parcel. (c) Upon receipt of a complete request and payment of the appropriate fee, the zoning administrator or designee shall render a certification within thirty (30) calendar days. The zoning administrator's written determination shall include the following (as applicable): (1) A summary of the evidence used in the review; (2) The zoning classification for the subject parcel of land; (3) Certification of regulations applicable to the subject parcel of land, in effect at the time of the application, related to: a. Associated permitted uses; b. associated dimensional standards; c. Associated site specific development requirements. (d) The applicant or aggrieved party may seek review of a certification, only in the manner set forth in section 1-19, City of Tampa Code of Ordinances. In the event that the zoning administrator delegates the authority to render a certification, then the zoning administrator shall be the reviewing official; otherwise, the reviewing official shall be the director. (e) Available evidence related to the official zoning classifications and associated permitted uses, dimensional standards, and other site specific development requirements for all parcels of land within the City of Tampa reside in the official records of the City of Tampa. Zoning certifications shall be considered guidance to the applicant, based on best available information at the time of the application, but shall only be binding on the city and the applicant, to the extent provided for by law. Zoning certifications shall not create any additional rights to third parties nor shall a zoning certification confer the status of any nonconformity. (Ord. No. 2020-166, § 6, 12-17-2020)

Tampa City Code § 27-56 Process for applications for written determinations as advisory opinions.

Sec. 27-56. - Process for applications for written determinations as advisory opinions. (a) The following applications shall be reviewed pursuant to the advisory opinion process: (1) All other requests for a written determination, which are not classified as formal or certification, shall be reviewed as an advisory opinion. The determination of whether to issue an advisory opinion shall be wholly at the discretion of the zoning administrator. The zoning administrator or designee may decline to issue an advisory opinion for reasons, including, but not limited to, workload and time constraints. No individual shall have a right to compel issuance of an advisory opinion. (2) Upon receipt of a complete request and payment of the appropriate fee, the zoning administrator or designee may render an advisory opinion within thirty (30) calendar days or may refund the fee. The written determination shall include the following (as applicable): a. A summary of the evidence presented (including any verbal evidence/testimony); b. Findings of fact; c. A finding of compliance or a finding of all points of noncompliance with the Comprehensive Plan; and d. The reasons for the decision, including conditions, if any. (b) The applicant or aggrieved party may seek review of an advisory opinion, only in the manner set forth in section 1-19, City of Tampa Code of Ordinances. In the event that the zoning administrator delegates the authority to render an advisory opinion, then the zoning administrator shall be the reviewing official; otherwise, the reviewing official shall be the director. (c) Advisory opinions shall be considered informal guidance to the applicant, shall have no legal or binding effect, and may not be interpreted to determine or create personal or property rights of the applicant or any other party. Each advisory opinion shall include a statement consistent with this section. (Ord. No. 2020-166, § 7, 12-17-2020)

Tampa City Code § 27-57 Exhaustion of remedies; limitation on applications for written determination.

Sec. 27-57. - Exhaustion of remedies; limitation on applications for written determination. The following provisions apply regarding exhaustion of remedies and limitations on applications for written determinations: (1) All administrative remedies set forth herein and the associated review herein provided, must be fully exhausted prior to bringing an action in a court of competent jurisdiction challenging a written determination. (2) A property owner or any aggrieved person who had the right to participate in the process for written determination as set forth in this section may not seek a new written determination on the same matter for a period of one (1) year after all administrative remedies have been concluded.

Tampa City Code § 27-58 Fees.

Sec. 27-58. - Fees. Before the designated reviewing official or designee may issue any written determination or review any application for alternative design exception, S-1 permit, or any other official action described in this article, the applicant shall pay an administrative fee in an amount city council fixes by resolution. (Ord. No. 2019-54, § 13, 4-18-2019)

Tampa City Code § 27-59 Determinations concerning uses not specified.

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.

Tampa City Code § 27-60 Alternative design exception.

Sec. 27-60. - Alternative design exception. (a) The designated official(s) or designee(s) are hereby authorized to grant administrative, alternative design exceptions, from the strict application of this chapter and any associated land development regulations, subject to the limitations described in this section. The process is specifically intended to promote high standards of site design, and to provide flexibility in the administration of standards in recognition of site-specific conditions, and to establish conditions to ensure compatibility and consistency in the interpretation and application of applicable standards, where those standards are modified. (b) Prior to submitting an application for an alternative design exception, the applicant must schedule a pre-application meeting with the reviewing official or designee and/or other appropriate city staff as needed, in order to determine the scope of the request and what documentation will be necessary to support the application. (c) Types of applications. Applications for alternative design exception are classified as follows: (1) Design exception-1: Applications for minor design changes related to the following development standards (refer to specific code sections below for applicable, designated reviewing official): a. Article III, Division 2: Special Districts (design/dimension standards); b. Article IV, Overlay Districts (design/dimension standards); c. Article VI Supplemental Regulations: 1. Division 3: Access, parking, loading; 2. Division 4: i. Subdivision 2: Section 27-284.2.2; ii. Subdivision 3: Section 27-284.3.3; iii. Subdivision 5: Wetlands; iv. Subdivision 6: Upland habitat; 3. Division 7, section 27-290.1: Fence(s)/wall(s): height, framing, orientation; and d. Other such minor changes to design oriented requirements of this Code, all within the limits set forth in their respective sections. (2) Design exception-2: Applications for minor changes to building setback and height limitations, as follows: Table 60. Design Exception-2 Code Section, Table | Planning District [1] | General Limitations [2] Section 27-156(c), Table 4-2 | New Tampa South Tampa Westshore | - Up to 10% for front, corner, rear yard - Up to 1' for side yard - Up to 25% for side yard (only to preserve specimen or grand trees) - Up to 10% for building height University Central Tampa | - Up to 25% for front, corner, rear yard - Up to 1' for side yard - Up to 25% for side yard (only to preserve specimen or grand trees) - Up to 10% for building height Notes: [1] Refer to section 27-20 for district boundaries and descriptions. [2] Refer to section 27-156(c), Table 4-2 "Notes", which in certain circumstances may allow for variations to the general limitations stated above. (d) General requirements. An applicant shall provide a complete application and applicable fee to the reviewing official for review and determination, which shall include all information contained in this section. All alternative design exception applications shall include documentation sufficient to justify the request. In addition, an application for an alternative design exception shall address the following issues, as applicable: (1) Description: a. Project description (general information, typical section, etc.); b. Code section(s) from which the exception(s) are being requested; c. Description of alternative design exception (specific project conditions related to alternative design exception, controlling design element, and proposed cost for project); d. The compatibility of the design and operation; and e. If the project is in a special, overlay, or historic district, applicable City of Tampa Code of Ordinance provisions or design standards. (2) Analyses (narrative and visual depiction) related to: a. Dimensional standards of underlying zoning classification; b. Landscaped/buffer area dimensions and materials proposed (i.e. fence/wall materials, plant species/sizes, etc.); c. Parking counts, layout/function, demands for specific use; d. Amount and character of traffic using facility; and e. Design concept and relationship to intent of applicable overlay requirements. (3) If applicable, the alternative design exception application shall also contain a recommendation by the professional engineer responsible for the project design elements, unless the reviewing official determines that such a recommendation is not necessary given the scope of the request. (e) General process. Applications for alternative design exception shall be processed as follows: (1) The applicant shall file a complete application, including any supplemental documentation, with the reviewing official or designee. (2) Public notice required for alternative design exceptions requesting a reduction in the required setback. Upon receipt of a complete application for an alternative design exceptions and payment of the appropriate fee, the reviewing official shall direct the applicant to provide public notice. The procedures for required public notice shall be governed by section 27-149. The required affidavit of compliance shall be filed with the zoning administrator. (3) The reviewing official or designee, upon review of the application, may request additional information from the applicant related to the request or applicable criteria. (4) The reviewing official or designee shall grant or deny the request within thirty (30) calendar days of the filing of the complete application, the affidavit of compliance pursuant to (2) above, and all appropriate and necessary documents and supplemental information provided pursuant to subsections (1) and (3) above. (5) In reviewing the application, the reviewing official shall apply the following criteria: a. That the exception neither interferes with the rights of others as provided in this chapter, nor is injurious to the public health, safety or general welfare; and b. That the exception provides a reasonable allowance of use under the specified circumstances of each application (not applicable to decisions regarding tree removal); and c. That the exception achieves the general intent of this chapter and the Tampa Comprehensive Plan; and d. That the exception is the minimum possible exception under specific circumstances; and e. The exception is consistent with any applicable specific plans in place for the subject property; and f. Specific to applications for alternative design exceptions for setback reductions, that such request(s) clearly demonstrate(s) that the exception is warranted, due to unique circumstances of the property, such as: 1. Location of existing protected or grand trees; 2. Location of existing buildings or structures; 3. Existing property elevations (grades); or 4. Other unique, existing physical conditions of the property (above or below grade) that are otherwise protected from or limited for alteration, due to other applicable development regulations; 5. Location and condition of existing specimen and/or grand tree(s) (specific to twenty-five (25) percent side yard, refer to Table 60 above). (6) The reviewing official may impose reasonable conditions upon any exception to ensure that the public health, safety and general welfare are protected and substantial justice is done. A violation of any imposed conditions shall be a violation of this chapter. (7) An approved alternative design exception shall be valid for a period of one (1) year from the approval date, during which the property owner must begin the associated development/construction work. If no development/construction activity occurs on the land related to the approved exception within the one-year period, the approval shall expire. (Ord. No. 2015-105, § 1, 10-15-2015; Ord. No. 2019-54, § 14, 4-18-2019; Ord. No. 2020-166, § 8, 12-17-2020; Ord. No. 2023-49, § 2, 3-16-2023)

Tampa City Code § 27-61 Review.

Sec. 27-61. - Review. (a) Applicability and purpose. This section establishes procedures that shall apply to the review of any applicable decision as expressly authorized in this section. The purpose of this section is to provide adequate due process to petitioners seeking review of applicable decisions by setting forth procedures for the review of those decisions. (b) Decisions that may be reviewed; jurisdiction. The following decisions shall be reviewed pursuant to this section: (1) A formal decision of the reviewing official may be reviewed by city council for a final order after receipt of a recommended order by a hearing officer, as set forth below. (2) A quasi-judicial decision of a board, of the City of Tampa, to approve or deny an application, may be reviewed by city council for a final decision. The boards of the City of Tampa whose decisions may be reviewed pursuant to this section are the variance review board (VRB), architectural review commission (ARC), Barrio Latino Commission (BLC), and the historic preservation commission (HPC) (collectively "boards"). (3) A decision by the following designation reviewing officials, to approve or deny the specific applications (collectively "administrative review permit" or "AR permit") may be reviewed, by city council, for a final decision: a. Zoning administrator: 1. S-1 special use permit (not relating to constitutionally protected First Amendment activity), including the granting of any waiver, to the specific criteria for an S-1 special use permit, pursuant to the criteria for a waiver contained in section 27-132; 2. A minor or major change to an approved S-2 special use permit, pursuant to section 27-128; 3. A non-substantial or substantial change to an approved site plan zoning, pursuant to section 27-138; 4. An incremental review detailed site plan, pursuant to section 27-228; 5. An applicable alternative design exception, pursuant to section 27-60; 6. Any other zoning compliance approval, as specifically authorized in this chapter. b. Planning and urban design manager: 1. Special district design review, including any related/applicable alternative design exceptions, for any CBD, CD, SH, or NMU subdistrict, pursuant to article III, division 2, subdivisions 3 through 6; 2. Overlay district design review, including any related/applicable alternative design exceptions, pursuant to article IV, division 2; 3. Any compliance approval listed under (3)a. above, for any CBD, CD, SH, or NMU subdistrict, or as otherwise specifically authorized in this chapter. c. Natural resources coordinator: 1. An alternative design exception, pursuant to section 27-60(c)(1)c.2; 2. Hazardous grand tree removal, pursuant to section 27-284.2.5. (c) Petitioner for review. The petitioner for review must be an aggrieved person, as defined in this chapter, who participated, by timely submitting evidence or by otherwise providing sworn testimony, in the original application process for which the decision was rendered. (d) Time for filing petition for review. The petitioner shall file a petition for review of a decision, and any required documents, no later than 5:00 p.m., on the fourteenth (14th) calendar day, after the date the written decision was rendered. Refer to section 1-2 definition of "computation of time." (e) Place for filing the petition for review. The petition for review shall be filed with the city clerk, who shall transmit a copy to the applicable decision-maker. The city clerk shall not accept a petition for review, for any one (1) of the following reasons: (1) The petition is not in writing; (2) The review filing period, as set forth in (d) above, has expired; or, (3) The petition does not include the required fees and costs. If the petitioner is not the property owner of the subject parcel for which the decision was rendered, the petitioner shall also, by certified mail no later than five (5) days after filing the petition for review, transmit the petition for review, to the property owner. (f) Costs and fees for review. The city council shall, by resolution, adopt a schedule of fees to be paid in connection with any petition for review. Payment of applicable costs and fees shall be required at the time the application for review is filed. (g) Contents of petition for review; submission of certain documents, supporting expert evidence, as required. A petition for review shall be in a form provided by the city and shall include, at a minimum, the information set forth below, at time of submittal to the city: (1) The name and address of the petitioner and authorized representative, if applicable; (2) The original application and site plan that was the subject of the decision for which review is being sought; (3) The written decision for which the petitioner is seeking review or, if not available, a summary of the decision sought to be reviewed; (4) A summary of the basis for the petition for review, including specific sections of the applicable City of Tampa Code or ordinance; and (5) Additional, required submittal documentation regarding grand tree condition evaluations. Petitions for review of a decision of the natural resources coordinator, regarding an alternative design exception related to a grand tree condition evaluation/risk assessment, shall include an independent report/risk assessment performed by an ISA certified arborist. (h) Stay pending application for review. (1) Once an applicable decision has been rendered, all proceedings in furtherance of the decision are stayed, including the issuance of a building permit or other development order, or other certification of the city or other governmental agency application, until the expiration of the review period. This stay only applies to those decisions in which an aggrieved person participated, by timely submitting evidence or by otherwise providing sworn testimony, in the original application process for which the decision was rendered. (2) The filing of a timely application for review shall stay all proceedings in furtherance of the decision, including the issuance of a building permit or other development order, or other certification of the city or other governmental agency application, until the request has been disposed of by city council. The petitioner may file applications, plans, or other information with the city pending the outcome of the review, but the filing of such shall create no rights to any related approval of or by the city. (i) Public notices of review hearing. The procedures for required public notice for the review hearing before city council and the hearing officer shall be governed by section 27-149. Pursuant to subsection (e) above, the affidavit of compliance shall include proof of the required mailing to the property owner, if the petitioner is not the owner of the subject property. The notice procedure for city council's consideration of the hearing officer's recommended order is set forth in subsection (j)(1)d.ii. (j) Review hearing. (1) Review of formal decision of the zoning administrator. a. In a petition to review a formal decision rendered by the zoning administrator, the petition shall be heard by the hearing officer, in a de novo proceeding. The hearing officer shall provide a recommended order to city council for a final determination as set forth below. b. Pre-hearing procedures. i. Hearing officers. The city shall negotiate and enter into contracts with hearing officers from time to time, and shall maintain a list of such hearing officers. Cases shall be assigned to hearing officers on a rotating basis. If a hearing officer is unable to accept a case because of a conflict, time constraints, or any other reason, the case shall be assigned to the next available hearing officer on the list. Upon scheduling the hearing, the city clerk shall notify all parties of the assignment of the particular hearing officer and the date upon which the hearing will be held. ii. Parties. The parties to the petition for review shall include the petitioner, the property owner (if not the petitioner) and any person who participated in the formal decision process by submitting evidence or testimony during the open record period, as defined in section 27-54. iii. Non-party participants. Any person who participates in the hearing before the hearing officer but does not qualify as a party as set forth in section (ii) above shall be considered a non-party participant. iv. Hearing date. The hearing shall commence no more than ninety (90) calendar days after the date the petition was filed, unless all parties stipulate in writing to a later hearing date. v. Motions. Any motion to be filed by a party for consideration by the hearing officer must be submitted to the city clerk with a copy to the City of Tampa Legal Department no less than seven (7) calendar days prior to the scheduled hearing. The hearing officer may render a written opinion on the motion without argument prior to the hearing, or may request argument prior to conducting the hearing. c. Hearing. i. Oath. The hearing officer shall have the power to administer oaths. All testimony shall be under oath. ii. Consideration. The hearing officer shall consider all relevant evidence and testimony presented prior to or during the hearing, including the formal decision issued by the zoning administrator and all competent evidence upon which that formal decision was based. The hearing officer shall also consider all relevant provisions of the City of Tampa Code of Ordinances, or other applicable administrative, federal or state law in effect at the time the petition was filed. iii. Burden of proof. The petitioner filing the request for review shall have the burden of proof. iv. Formality. Formal rules of evidence shall not apply. Any relevant evidence shall be admitted. Hearsay evidence may be admitted, but shall not form the sole basis for the hearing officer's recommended order. Irrelevant and unduly repetitious evidence shall be considered non-persuasive. The hearing shall be conducted in a manner to ensure that procedural due process is afforded the parties and non-party participants. v. Record. All evidence received by the hearing officer during the hearing, shall be kept on file in the city clerk's office. The hearing shall be recorded. The record of the hearing shall, at a minimum, consist of the formal decision issued by the zoning administrator; all notices, motions or rulings of the hearing officer; all evidence received by the hearing officer during the hearing; the recommended order issued by the hearing officer; and, the verbatim record of the hearing consisting of a video recording (tape, digital, or other available visual media) of the hearing, or a verbatim transcript if one is provided. d. Recommended order; exceptions. i. Contents. The hearing officer's recommended order shall contain findings of fact, based exclusively on the record, and conclusions of law. The recommended order of the hearing officer shall be based on competent substantial evidence after applying the criteria set forth in the City Code and any applicable administrative, federal and state law in effect at the time the petition was filed. ii. Filing of recommended order: Public notice. The hearing officer shall file a recommended order with the city clerk within fifteen (15) working days of the close of the hearing. The city clerk shall provide a copy of the recommended order along with the notification of the date the recommended order is scheduled for consideration by city council, to all parties and interveners that provide the clerk with either electronic mail information or prepaid postage. iii. Exceptions. All parties shall have ten (10) working days prior to the date that the recommended order is scheduled for consideration by city council to file with the city clerk exceptions to the recommended order. Exceptions shall consist of any objections to the findings of fact or conclusions of law contained in the recommended order. The exceptions must identify the disputed portion of the recommended order by page number and paragraph and provide the basis for the exception, including citation to any evidence in the record. If the exception is based upon testimony presented at the hearing, then the person filing the exception must provide either a verbatim transcript of the proceedings or a video recording (tape, digital, or other available visual media) record of the public hearing. e. City council consideration of the recommended order. i. Submission of the recommended order. Upon receipt of a recommended order from the hearing officer, and after the deadline for receipt of exceptions thereto, the city clerk shall forward the recommended order and any exceptions to city council, along with a copy of all documentary evidence accepted by the city clerk during the hearing. ii. Oral argument. 1. City council may only allow public discussion upon a request for oral argument filed by a party or upon its own motion. City council may only open the meeting for oral argument if city council finds that the hearing officer did not address a matter introduced into the record or the recommended order contains an ambiguity. If city council allows oral argument, city council may limit such oral argument to addressing only those matters for which it opened for oral argument. 2. Parties must file their requests for oral argument concurrent with the filing of an exception. The request shall be based upon the criteria described in subsection 1. above. The city council attorney shall review the request for oral argument and make a recommendation as to whether the request for oral argument meets the criteria. 3. In the event that city council approves the request for oral argument, the content of testimony shall be the same as the content of testimony submitted verbally or in writing to the hearing officer. If city council permits oral argument, it shall allow staff and each party up to ten (10) minutes for oral presentation or argument. Non-party participants may be permitted oral presentation or argument of up to three (3) minutes. No person may submit new evidence to the city council during oral argument and all persons must confine their presentations to evidence made part of the record before the hearing officer. iii. Final order. City council may adopt the recommended order as the final order, or may reject or modify the recommended order as provided herein. City council may not reject or modify any findings of fact reached by the hearing officer. If city council determines that a finding of fact is not based upon competent, substantial evidence contained in the record or that a finding of fact does not comply with the essential requirements of the law, city council may remand the matter back to the hearing officer, but only if it determines that additional fact finding is required. If city council rejects or modifies a conclusion of law, it must state with particularity in the final order its reasons and must make a finding that its substitution of a conclusion of law is as or more reasonable that that which was rejected or modified. If city council directs staff to prepare a revised order, the revised order shall be transmitted to the parties and non-party participants and presented to city council within forty-five (45) calendar days for adoption. iv. Final decision. The final order rendered by city council shall be deemed final and may be appealed to a court of competent jurisdiction in a manner set forth by applicable law. (2) Review of a board decision. a. Hearing before city council. In reviewing a board decision, city council shall apply a de novo standard of review, and shall not be limited in its review to that information, documentation, or evidence upon which the board based its determination. City council shall follow all applicable ordinances in arriving at its decision and may receive new evidence. City council, after reviewing the decision of the board and hearing evidence and testimony may do one (1) of the following: i. Affirm the board's decision; ii. Affirm the board's decision with additional conditions agreed to by the property owner or authorized agent during the public hearing; iii. Remand the matter back to the board for further proceedings, with direction, indicating the basis for remand; or iv. Overturn the decision of the board. If a petition is remanded back to the board, then the board shall only consider and take action based upon city council's direction and basis for remand. b. Failure to perfect public notice and requests to continue public hearings. City council may deem a petition withdrawn and dismiss the petition, if on more than two (2) occasions, the matter is properly set before city council, but the petitioner does one (1) or more of the following: 1. Fails to appear at the hearing; 2. Requests a continuance; or 3. Fails to perfect public notice as set forth in section (i) above. c. Decision to be reviewed. The petition at the hearing before city council shall be on the same application presented at the hearing(s) before the lower board. If there is a change in nature or extent of the underlying application request presented to the lower board, the case shall be remanded to the lower board. Nothing in this section shall prevent a property owner from offering additional conditions for approval in response to concerns raised during the city council hearing. d. Final decision. The decision of the city council shall be deemed final and may be appealed to a court of competent jurisdiction in a manner set forth by applicable law. e. Alternative process. In the alternative, a petitioner for review of a board decision may elect to have the decision reviewed pursuant to subsection (1) above. In that instance, the hearing officer shall provide a recommended order to city council for a final order. (3) Review of AR permits. a. Hearing before city council. In reviewing an AR permit, city council shall apply a de novo standard of review, and shall not be limited in its review to that information, documentation, or evidence upon which the AR permit was based. City council shall follow all applicable ordinances in arriving at its decision and may receive new evidence. City council, after reviewing the AR permit and hearing evidence and testimony may either affirm the AR permit or deny the AR permit. b. Failure to perfect public notice and requests to continue public hearings. City council may deem a petition withdrawn and dismiss the petition, if on more than two (2) occasions, the matter is properly set before city council, but the petitioner does one (1) or more of the following: 1. Fails to appear at the hearing; 2. Requests a continuance; or, 3. Fails to perfect public notice as set forth in section (i) above. c. Final decision. The decision of the city council shall be deemed final and may be appealed to a court of competent jurisdiction in a manner set forth by applicable law. d. Alternative process. In the alternative, a petitioner for review of an AR permit may elect to have the decision reviewed pursuant to subsection (1) above. In that instance, the hearing officer shall provide a recommended order to city council for a final order. (Ord. No. 2016-64, § 1, 5-5-2016; Ord. No. 2018-3, § 1, 1-11-18; Ord. No. 2018-40, § 1, 3-15-18; Ord. No. 2019-54, § 15, 4-18-2019; Ord. No. 2020-166, § 9, 12-17-2020)

Tampa City Code § 27-62 Reasonable accommodations.

Sec. 27-62. - Reasonable accommodations. (a) This section implements the policy of the city for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to this chapter or the city's practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. (b) A request by an applicant for reasonable accommodation under this section shall be in a form provided by the city and shall include, at a minimum, the following information: (1) Name, telephone number, physical address, and electronic mail address (if available) of the requesting party and representative, if applicable; (2) Physical address of housing or other location at which accommodation is requested; (3) Description of qualifying disability or handicap; (4) Description of the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought; and (5) Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service. (c) The applicable code authority, as set forth in this chapter, or designee, shall have the authority to consider and act on requests for reasonable accommodation. (d) General process. Applications for reasonable accommodations shall be processed as follows: (1) The applicable code authority, as set forth in this chapter, or designee, shall issue a written determination within thirty (30) working days of the date of receipt of a completed application and may, in accordance with federal law: a. Grant the accommodation request; b. Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or c. Deny the request. Any such denial shall be in writing and shall state the grounds therefore. (2) All written determinations shall give notice of the right to seek review of a certification in the manner set forth in section 1-19, City of Tampa Code of Ordinances. The written determination shall be sent to the requesting party at the address listed in the application by certified mail, return receipt requested. (3) Additional information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the applicable code authority, as set forth in this chapter, or designee, may, prior to the end of said thirty-day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) calendar days after, the date of the request for additional information, to provide the requested information. In the event a request for additional information is made, the thirty-working-day period to issue a written determination shall no longer be applicable, and the applicable code authority, as set forth in this chapter, or designee, shall issue a written determination within thirty (30) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen-calendar-day period, the applicable code authority, as set forth in this chapter, or designee, shall issue a written notice, advising that the requesting party has failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and withdrawn, and no further action by the city, with regard to said reasonable accommodation request, shall be required. (e) In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish the following: (1) That the proposed accommodation(s) being sought is (are) reasonable and necessary to afford handicapped/disabled person(s) equal opportunity to use and enjoy housing or other service(s); and (2) That the person(s) are protected under the FHA and/or ADA by demonstrating that said person(s) are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section and pursuant to the ADA, the disabled person(s) must demonstrate one (1) of the following: a. A physical or mental impairment, which substantially limits one (1) or more major life activities; b. A record of having such impairment; or c. That the person(s) is (are) regarded as having such impairment. In addition to the above, the decision whether to grant or deny a request for a reasonable accommodation shall be based on the following factors: (3) Whether the requested accommodation would impose an undue financial or administrative burden on the city; and (4) Whether the requested accommodation would require a fundamental alteration of a material nature in the city's land use, zoning, or development policies. The foregoing (as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the applicable code authority, as set forth in this chapter, or designee, or by city council. (f) There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section, and the city shall have no obligation to pay a requesting party's attorneys' fees or costs in connection with the request. (g) While an application for reasonable accommodation is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant. However, should the applicant proceed with any property purchase, building, construction, or other work associated with establishing a project or residence housing for individuals covered by the Americans with Disabilities Act or the Fair Housing Act while an application for a reasonable accommodation is pending, the applicant understands that any of these actions are done at the applicant's own risk because the application may be denied. (h) Granting of a reasonable accommodation does not affect obligations to comply with all applicable regulations not at issue in the requested accommodation. (i) The following general provisions shall be applicable: (1) The city shall display a notice on the city's webpage advising the public that disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein. (2) A disabled individual may apply for a reasonable accommodation on her/his own behalf, or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual. (3) The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including without limitation, assistance with reading application questions, responding to questions, completing the form, etc., to ensure the process is accessible. (Ord. No. 2018-150, § 2, 10-4-2018)

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_DIV1ESADOFDUPRFetched: 10/28/2026