ORDINANCE NO q- 5

Transcription

1 ORDINANCE NO q- 5 AN ORDINANCE MAKING LAWFUL THE CONDITIONAL SALE OF BEVERAGES CONTAINING ALCOHOL OF MORE THAN 1% BY WEIGHT AND NOT MORE THAN 14% BY WEIGHT AND WINES REGARDLESS OF ALCOHOLIC CONTENT - BEER AND WINE - (2-APS) - IN SEALED CONTAINERS FOR CONSUMPTION OFF PREMISES ONLY AT OR FROM THAT CERTAIN LOT, PLOT OR TRACT OF LAND LOCATED AT 806 EAST HILLSBOROUGH AVENUE, TAMPA, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN SECTION 2 HEREOF; WAIVING CERTAIN RESTRICTIONS AS TO DISTANCE BASED UPON CERTAIN FINDINGS; IMPOSING CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 3-52, City of Tampa Code of Ordinances, Neil Yildirim, ("Petitioner"), filed an application with the City of Tampa requesting that the certain lot, plot or tract of land located at 806 East Hillsborough Avenue, Tampa, Florida, and as more particularly described in Section 2 hereof ("Subject Property"), be zoned for the sale of alcoholic beverages; WHEREAS, Petitioner is seeking that the Subject Property be zoned for the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS) - in sealed containers for consumption off premises only in connection with a retail business establishment; WHEREAS, Sections 3-70(a)(2), (3) & (4), City of Tampa Code of Ordinances, prohibit property from being zoned for the sale of alcoholic beverages if the property is located within one thousand (1000) feet of an established church, public or private school, hospital, public recreation area, park, day care center, halfway house, alcoholic rehabilitation center, governmental building used for governmental purposes, property zoned for residential purposes or any establishment selling alcoholic beverages; WHEREAS, the City Council of the City of Tampa may waive the aforementioned restrictions as to distance when there is or will be built upon the property a bona fide restaurant, hotel, motel or other retail business establishment wherein the sale of alcoholic beverages will be entirely incidental to the primary function of the establishment;

2 WHEREAS, Section 3-76, City of Tampa Code of Ordinances, permits the granting of a conditional alcoholic beverage zoning, under certain circumstances, to permit the temporary sale of alcoholic beverages for no more than one (1) year from the effective date of the Ordinance; WHEREAS, Section 3-73, City of Tampa Code of Ordinances, authorizes the imposition of conditions, limitations or requirements related to the business hours of the establishment located on the petition property, the location of said business establishment or the sanitary regulations relative to said location to ensure that the public health, safety and general welfare are protected; and, WHEREAS, a duly noticed public hearing was held by the City Council of the City of Tampa in accordance with law, at which all parties in interest and citizens were afforded an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the recitals set forth above are hereby incorporated as if fully set forth herein. Section 2. That the sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content - beer and wine - (2-APS) - in sealed containers for consumption off premises only, shall be permitted and is hereby made lawful at or from that certain lot, plot or tract of land located at 806 East Hillsborough Avenue, Tampa, Florida, and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth herein. Section 3. That this Ordinance is adopted by the City Council of the City of Tampa upon a finding that the sale of alcoholic beverages is entirely incidental to the primary function of the business establishment operated or to be operated upon the lot, plot or tract of land described in Section 2 herein. Section 4. That, based upon the finding in Section 3 herein, the City Council of the City of Tampa hereby waives the distance separation requirements found in Sections 3-70(a)(2), (3) & (4), City of Tampa Code of Ordinances. Section 5. That, based upon the finding in Section 3 herein, the provisions of Section 3-70(a)(6), City of Tampa Code of Ordinances, shall specifically apply to the zoning granted herein. Section 6. That this conditional alcoholic beverage zoning is adopted pursuant to the provisions of Section 3-76, City of Tampa Code of Ordinances, the provisions of which must be complied with by the Petitioner prior to the expiration of the conditional beverage zoning granted herein. In addition hereto, the Petitioner shall appear before the City Council of the City of Tampa no later than one (1) year from the effective date of the Ordinance in order for the City

3 Council to make a determination as to whether the sale of alcoholic beverages at or from the lot, plot or tract of land described in Section 2 herein should be permanently granted or whether the same should revert to a dry status due to any adverse effect(s) on the public health, safety and welfare. Section 7. That this Ordinance is adopted by the City Council of the City of Tampa pursuant to the following specific verbal representations made by the Petitioner's representative, and imposed by the City Council of the City of Tampa pursuant to Section 3-73, City of Tampa Code of Ordinances: The business establishment operated or to be operated upon the lot, plot or tract of land described in Section 2 herein shall not sell any single cans, single bottles or quart bottles of beverages containing alcohol of more than 1% by weight and not more than 14% by weight regardless of alcoholic content (beer). This prohibition shall not apply to wine. The provisions of Section 3-73, City of Tampa Code of Ordinances, shall specifically apply to the zoning granted under this Ordinance and shall be applicable in the event the Petitioner or any other operator of the business operation upon the aforementioned lot, plot or tract of land fails to comply with the provisions of Section 7 of this Ordinance. Section 8. That all ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of any conflict. Section 9. becoming a law. That this Ordinance shall take effect immediately upon

4 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON MAR ATTEST: ' CITY COUNCIL / APPROVED BY ME ON MAR Z A / /"c& PAM IORIO, MAYOR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: REBECCA M. KERT ASSISTANT CITY ATTORNEY WZ (2-APSkNeiI Yildirim East Hillsborough Avenue [2,3, & 41 w conditions

5 . CmY OF TAMPA, FLORIDA DEPARTMENT OF BUSINESS dr COMMUNlTY SERVICES yetrnmng - EXBnrrrB-2 Ndl Yndlrirn WET ZONING DESIGNATION REQUESTED 2-MS AI)D- OF PROP^^ 806 E Hillsborough Aw. Tampa, florida - COMMENCE AT THE NORTHWEST CORNER OF LOT 9, BLOCK 32 OF EAST SUWANEE HEIGHTS. ACCORDING TO MAP OR PUT THEREOF, RECORDED IN PUT BOOK 7, PAGE 42. PUBUC RECORDS OF HIUSBOROUGH COUNTY. FLORIDA THENCE. BEARING SOUTH 26 \ THENCE. BEARING,NORTH 01'14'17' WEST. A DISTANCE OF FEET TO A POINT; THENCE, BEARING NORM 1930'57' EAST, A DISTANCE OF F ET TO A POINT; THEN=, BEARING SOUTH 0036'42' EAST, A DISTANCE OF 9.28 FEET TO A POINT;, THENCE, BEARING NORTH 8923'18' EAST, A DISTANCE OF 5.00 FEET TO A POINT; THENCE, BEARING SOUTH 0036'42' EAST, A DISTANCE OF FEET TO A POINT: THENCE, BEARING SOUTH a92wr REST, A DISTANCE OF FEET TO A POINT; ME POINT OF BEGINNING THIS PARCEL. Perlmstsr: Area: 1,101 sq. ft acres, MORE OR LESS. Clt~ of Tampo Rlght of Ulay 6 Mopplng Sectlon Plpf F ~ H A R E O B C S M D ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V D C W R A ~ ~ ~ V ~ ~ ~ \ W ~ ~ ~ 1?lpy02 KGRL DESCRIPTION APPROVED EXHIBIT "A" R~I~~:.EZ_ BV: - r3e

6 City of Tompa Right of Uay Q Mapplng Sectton l GFIl DESCRIFTION APPROVED

7 ORDINANCE NO b AN ORDINANCE APPROVING AN HISTORIC PRESERVATION PROPERTY TAX EXEMPTION APPLICATION RELATIVE TO THE RESTORATION, RENOVATION OR REHABILITATION OF CERTAIN PROPERTY OWNED BY MICHAEL SHEA AND SILVANA CAPALDI, LOCATED AT 1801 WEST HILLS AVENUE, TAMPA, FLORIDA, IN THE HYDE PARK HISTORIC DISTRICT, BASED UPON CERTAIN FINDINGS; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER OF HILLSBOROUGH COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa is authorized, pursuant to the terms contained in Sections and , Florida Statutes, to adopt an ordinance allowing ad valorem tax exemptions under s.3, Art. VII of the State Constitution to historic properties if the owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines established therein; WHEREAS, pursuant to the authority contained in Ordinance No , passed and ordained by the City Council of the City of Tampa, Florida, on September 9, 1993, an historic preservation property (ad valorem) tax exemption was created for improvements to historic properties completed in accordance with approved guidelines ("The City of Tampa Historic Property Tax Exemption Ordinance"); WHEREAS, Michael Shea and Silvana Capaldi made certain improvements to the property owned and located at 1801 West Hills Avenue, Tampa, Florida, and filed an Historic Preservation Property Tax Exemption Application with the Architectural Review Commission for approval by City Council of the City of Tampa; WHEREAS, the Architectural Review Commission held a public hearing during which it reviewed the application and made the determination that the application should be approved for the following reasons: the property subject to the application is a contributing property located in the Hyde Park Historic District; the improvements made to the property are consistent with the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; the improvements were made in accordance with the guidelines developed by the Department of State; the improvements equal or exceed the threshold amount; and, the application was accompanied by a partially executed Historic Preservation Property Tax Exemption Covenant which requires the property owner to maintain the historic character of the property, and qualifying improvements thereto, during the exemption period; and, WHEREAS, the City Council of the City of Tampa held a public hearing during which it received information and made certain findings as required by The City of Tampa Historic Property Tax Exemption Ordinance.

8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. fully set forth herein. That the recitals set forth above are hereby incorporated as if Section 2. That the City Council of the City of Tampa, having held a public hearing on the proposed Historic Preservation Property Tax Exemption Application finds that there is evidence to support the following findings: That the property owned by Michael Shea and Silvana Capaldi, located at 1801 West Hills Avenue, Tampa, Florida, and legally described as: See Exhibit "A" Folio No is qualified for an historic preservation property tax exemption as it is a contributing property to the locally designated Hyde Park Historic District based upon information provided by Architectural Review Commission staff. That the improvements to the property are consistent with the United States Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings based upon testimony and documentation provided by Architectural Review Commission staff. That the improvements to the property meet the criteria established by the Department of State based upon testimony and documentation provided by Architectural Review Commission staff. That the improvements were substantially complete before January 1, Section 3. That the City Council of the City of Tampa having made the above findings renders the following conclusion: The improvements to the property owned by Michael Shea and Silvana Capaldi located at 1801 West Hills Avenue, Tampa, Florida and legally described as: See Exhibit "A" Folio No meet the requirements of The City of Tampa Historic Property Tax Exemption Ordinance and are therefore granted an exemption from ad valorem taxation equal to one hundred percent (100%) of the assessed value of all improvements which resulted from the restoration, renovation or

9 rehabilitation of the property for a ten (10) year period commencing January 1, 2008 and expiring December 31, This exemption does not apply to taxes levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Article VII of the State Constitution. Section 4. That the Historic Preservation Property Tax Exemption Application was accompanied by a partially executed Historic Preservation Property Tax Exemption Covenant which requires the property owner to maintain the historic character of the property, and qualifying improvements thereto, during the exemption period. Said Covenant is made a part of this Ordinance by reference thereto. Section 5. That the Office of the City Clerk shall deliver a copy of the Historic Preservation Property Tax Exemption Application and this Ordinance to the Property Appraiser of Hillsborough County. Section 6. That if any part of this Ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions, at the City of Tampa's election, shall remain in full force and effect. Section 7. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 8. becoming a law. That this Ordinance shall take effect immediately upon PASSED AND ORDAINED HE CIT COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON %6 2 o 2058 PREPARED BY AND APPROVED APPROVED by me on AS TO LEGAL SUFFICIENCY: n UR & E/S REBECCA KERT ASSISTANT CITY ATTORNEY MAYOR K:\DebbieMdvalorem\180 1 W. Hills Ave\Ordinance

10 LEGAL DESCRIPTION 1801 W. Hills Avenue - Folio#I HYDE PARK WEST LOT 20 BLOCK 23 EXHIBIT A

11 ORDINANCE NO AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 606 AND 608 SOUTH TAMPANIA AVENUE, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) PD (PLANNED DEVELOPMENT) AND CI (COMMERCIAL INTENSIVE) TO CG (COMMERCIAL GENERAL); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real property described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE crm OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real property, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A17 (Attached hereto and made a part hereof as Exhibit which is presently zoned PD (pla~edevelopment) and CI (commercial intensive) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION CG (commercial general), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended.to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That approval of this rezoning shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site. Section3. That approval of this rezoning shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site, if applicable. Section 4. That the approval of said rezoning shall not release the PetitionerIOwner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site.

12 Section 5. extent of any conflict. That all ordinances in conflict herewith are repealed to the Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON MAR 2 O 2008 ATTEST: ' CITY COUNCR APPROVED by me on MAR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: *. L A PAM IORIO, MAYOR EIS DONNA WYSONG ASSISTANT CITY ATTORNEY

13 Petition to Rezone Leaal Description (use separate sheet if needed) - MUST BE TY-D & PO MOT ABBREVIATE : t Lots 3 and 4 in Block 2 of DWe Subdlvlston, as recorded in Plat Books, Page 1 1, of the public records of Hilisborough County, Florida. CiQ of Tampa Right of Way & Mapping SBctlon LEGAL MXRlPnON APPAOVED EXHIBIT "A"

14 ORDINANCE NO g AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF NORTH BOULEVARD, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RS-50 (RESIDENTIAL SINGLE-FAMILY) TO RO (RESIDENTIAL OFFICE); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real property described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real property, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit which is presently zoned RS-50 (residential single-family) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION RO (residential ofice), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That said Zoning District Classification is hereby amended and to be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit B. Section 3. That approval of this rezoning shall not release the PetitionerIOwner fiom meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site, if applicable. Section 4. That the approval of said rezoning shall not release the PetitionerIOwner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site. Section 5. That all ordinances in conflict herewith are repealed to the extent of any conflict.

15 Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section 7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND 0 YkPE%*&dP TAMPA, FLORIDA ON CITY COUNCIL OF THE CITY OF ATTEST: CITY COUNCIL ' APPROVED by me on MAR PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: /' - k-- /h PAM IORIO, MAYOR EIS DONNA WY SONG ASSISTANT CITY ATTORNEY

16 Petition to Rezone City of Tampa Land Dovefopmant Coordination 306 East Jackson Street, 3E Tampa, FL ( OT 8403 (81 3) fax Leaal Descrivtion lure se~arate sheet if needed) - MUST BE TYPED 8r DO NOT ABBREVIATE : LOT 2 AND THE EAST 1 I2 OF THE ABUTTING ALLEY OF THE MAP OR PLAT ENTITLED MAINE PARK SUBDIVISION AS RECORDED IN PLAT BOOK 20, PAGE 57, OF THE PUBUC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. EXHIBIT "A"

17 ORDINANCE NO fl AN ORDINANCE REZONING PROPERTY IN THE GENERAL VICINITY OF 4202 AND 4204 NORTH 15TH STREET, IN THE CITY OF TAMPA, FLORIDA, AND MORE PARTICULARLY DESCRIBED IN SECTION 1, FROM ZONING DISTRICT CLASSIFICATION(S) RS-50 (RESIDENTIAL SINGLE-FAMILY) TO PD (PLANNED DEVELOPMENT, PLACE OF RELIGIOUS ASSEMBLY); PROVIDING AN EFFECTIVE DATE. WHEREAS, a public hearing as required by law was held in City Council Chambers, Third Floor, City Hall, 315 East Kennedy Boulevard, in the City of Tampa, Florida, relating to the rezoning of the real property described in Section 1 of this ordinance under the terms and provisions of Chapter 27, City of Tampa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Zoning District Classification upon the following described real property, situate, lying and being in the City of Tampa, County of Hillsborough and State of Florida, more particularly described as follows: LEGAL DESCRIPTION: A), (Attached hereto and made a part hereof as Exhibit which is presently zoned RS-50 (residential single-family) under City of Tampa Code Chapter 27, be changed to ZONING DISTRICT CLASSIFICATION PD (planned development, place of religious assembly), as provided for in Chapter 27, City of Tampa Code, and that the zoning map be amended to reflect said change on the above-described legal description and all information shown thereof shall be as much a part of this ordinance as if such information set forth on said zoning map of the City of Tampa was all fully described and set out herein. Section 2. That said Zoning District Classification is hereby amended and to be controlled by the approved, certified site development plan, a copy of which is attached hereto and by reference made a part hereof as Exhibit B. Section3. That approval of this rezoning shall not release the PetitionerIOwner from meeting the requirements of the City of Tampa's Concurrency Management System Ordinance at the time of actual permitting and development of the rezoned site, if applicable. Section 4. That the approval of said rezoning shall not release the PetitionerIOwner from meeting all other applicable sections of the City of Tampa Code, as such sections relate to the actual permitting and development of the rezoned site. Section 5. That all ordinances in conflict herewith are repealed to the extent of any conflict.

18 Section 6. That if any part of this ordinance shall be declared unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Section7. becoming a law. That this ordinance shall take effect immediately upon PASSED AND ORDAINED BY THE c Im COUNCIL OF THE CITY OF TAMPA, FLORIDA ON MAR ATTEST: CITY COUNCIL' PREPARED BY AND APPROVED AS TO LEGAL SUFFICIENCY: R & PAM IORIO, MAYOR E/S DONNA WYSONG ASSISTANT CITY ATTORNEY

19 Petition to Rezone City of Tampa Land Development Coordination 306 EastJackson Street, 3E Tampa, FL ) t 8403 (81 3) fax Legal Description (use separate sheet if needed) - MUST BETYPED & DO NOT ABBREVIATE : LOTS 4,5AND 6, MACKAY SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 1, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. Clry d Tam+ Right of Way & Mapping LEGAL BESCRlMlON W Ph EXHIBIT "A"

20 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 27 (ZONING); AMENDING SECTION , VENDORS; AMENDING SECTION , REGULATIONS GOVERNING INDIVIDUAL SPECIAL USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Land Development Coordination office to complete the following amendments to Chapter 27, Code of Ordinances. WHEREAS, the Hillsborough County City-County Planning Commission conducted a public hearing on this ordinance and made a finding on December 10, 2007 that it is consistent with the Tampa Comprehensive Plan; WHEREAS, The City Council of the City of Tampa has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Vendors." is hereby amended by adding the underlined language and deleting the stricken language as follows:

21 Section 2. That "Sec Regulations governing individual special uses." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Section Regulations governing individual special uses. Vendor fall Q-pes): All vendors shall be required to obtain a vendor permit (this section shall not apply to vending machines). Vendors that locate in desimated Citv Parks and on Franklin Street right-of-wav within the Central Business District shall be reviewed by the City of Tampa Parks Department and must comply with the regulations in Chapter 16. Vendors that locate on public right-of-way and are authorized by an event sponsor shall be reviewed by the Office of Special Events and must comply with the regulations in Chapter 25. Vendors that locate on private property are subiect to the following provisions:

22 (a) Additional submittal requirements and review criteria are hereby established for the five (5) classifications of vendors that locate on private propertv: (1) General requirements. Evidence of compliance with the following criteria shall be required as part of the application: a. Placement of the vendor on the property shall not interfere with required parking. loading and unloading spaces, or the vehicular access to those spaces for the principal use; b. The vendor may not block, damage, or interfere with required landscaping, buffers. or stormwater improvements on the subiect property; c. The vendor must meet all other applicable city code requirements, with the exception of off-street parking; and, d. The vendor shall only sell those goods that are legally permitted to be sold by such a use under the applicable laws of the City of Tampa, Hillsborough County. State of Florida, and United States. (2) Special use criteria by vendor classification. a. Annual Vendor. Annual vendors are prohibited on all undeveloped lands zoned for nonresidential purposes and on all parcels zoned or used for residential purposes. except as otherwise allowed in this section or by law. Annual vendors shall be allowed on private propertv that has been developed and actively used for commercial purposes, subiect to the following conditions: 1. The vendor shall only be located on a parcel that meets the minimum lot size and dimensional requirements for the underlying zoning district. Furthermore, vendors shall only be allowed on parcels that lie adiacent to one of the following streets: 1. Hillsborough Avenue, excluding that portion lying within the Seminole Hei~hts Historic District; Dale Mabrv Highway; iii. Florida Avenue, excluding that portion lying within the Seminole Heights Local Historic District or Tampa Heights Local Historic District;

23 iv. Nebraska Avenue, excluding that portion lying within the Ybor City Local Historic District; v. Adamo Drive. excludin~ that portion lying within the Ybor City Local Historic District; vi. vii. viii. ix. Broadway Avenue fiom 4oth Street to Columbus Drive; 22"* Street; Maritime Boulevard; Causeway Boulevard; x. Armenia Avenue between Hillsborough Avenue and Waters Avenue; xi. xii. Waters Avenue running from Nebraska Avenue (both East and West sides of right of way) west to the City limits; Columbus Avenue. 2. No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity shall encroach onto any right-of-way or onto any adiacent private property without express permission fiom that property owner in accordance with this section; 3. The vendor shall provide a sworn statement from the provertv owner on a form provided by the City indicating that the vendor has permission to vend on that site. along with the following: 1. The property owner shall be required to allow the vendor's patrons access to bathroom facilities on the subiect property; The property owner shall state that the vendor shall meet all local, state and federal regulations, ordinance, statutes and laws in regards to his specific business; and,

24 iii. The property owner shall state that he understands the regulations poverning vendors and will be held responsible. along with the vendor, for any code violations. 4. The vendor shall be allowed to set up in on the side of the existing principal use building or if located in the fiont of said building, the vendor shall be setback a minimum of one hundred fiftv (1 50) feet from the public right of way; 5. The vending sales area shall not be allowed to utilize more than two parking spaces or six hundred (600) square feet in area, whichever is less. At no time shall the required number of parking spaces for the principal use of the property be rendered non-conforming due to the vendor use; 6. The vendor shall be allowed to be located on the site from dawn to dusk only. All equipment and supplies shall be removed fiom the site at the end of each day; 7. The vendor shall be prohibited from selling or distributing any type of glass container; 8. Onlv one (1) vendor shall be allowed on any one zoning lot; 9. A vendor proposing to sell food shall submit a copy of all permits and licenses required by the State of Florida and the Hillsborough - County to the City of Tampa at the time of the submittal of the special use application; 10. The maximum sign area allowed for the vending operation shall be ten (10) square feet; and, 11. All vending - carts or structures shall meet the following design standards and those nrauhically depicted in Vendor Cart Illustrations Diagram 6.3: 1. Maximum size 10' width, 20' length and 8' in height (measured fiom the surface of the tire or wheel sits on to the upper most limit of the roof or canopy/umbrella, including vent structures);

25 Any umbrellas or coverings shall not extend more than 2' beyond the outer edge or in height of the vendor cart or structure; Fender covers are required for rubber tires; iv. The trailer hitch must be concealed while the vendor is occurring and, at all times the trailer is parked or stored in a zoning district where open storage is permitted; v. If exterior lights are incorvorated on the cart, the light source must be a steady light (no flashing lights) and it must be concealed or other method of indirect lightin~ vi. vii. All waste andfor refuse shall be removed from the vendor area and placed in an appropriate, legally desimated receptacle for the private property on a daily basis for the duration of the sales period; and, Time limit: Vendors in compliance with the above requirements may be approved for a one (1) year period. The zoning administrator shall grant an annual extension with continued compliance with the standards above. b. Special Event Vendor (City of Tampa sanctioned special events). During a special event or festival sanctioned by city council pursuant to a parade, block ~arty, or road festival permit, vendors may be allowed on private property that lay adiacent to the public right(s)-of-way that is(are) closed durinn the special event or festival, subiect to and in accordance with the parade, block party, or road festival permit, and shall adhere to the following: 1. The vendor may not impede the safe flow of people and vehicles during use of the vendor site; 2. The vendor must obtain all applicable city, county and state licenses and permits and must display them in plain view. If applicable, the vendor must also display an event authorization tag issued to the vendor by the event sponsor; 3. The vendor must clear the vendor site of all litter and debris after use;

26 4. The vendor shall be prohibited from selling or distributing any type of glass container; and, 5. Time Limit: An approved vendor may operate during the event hours only. The vendor may prepare the specific vend in^ location on the property beginning no more than two (2) hours prior to the special event. Furthermore, the vendor must be cleared fiom the property no later than one (1) hour after the end of the event. c. Suorts and Entertainment Vendor. These are vendors that are operating in association with: 1. Any event held within the St. Pete Times Forum; sales boundaries: south of Brorein Street, east of Florida Avenue, west of Meridian Street, and north of St. Pete Times Forum Drive; 2. Any event held within Raymond James Stadium: sales boundaries: south of Hillsborough Avenue, east of Lois Avenue, west of Hillsborough River, and north of Interstate-275; and, 3. Any event held within Legends Field; sales boundaries: south of Cayuga Avenue, east of Lois Avenue, west of Himes Avenue and north of Tampa Bay Boulevard. 4. When allowed. vendors must meet the following; conditions: I. Sales shall be allowed on any developed lot (within the above described boundaries that lies adjacent to collector or arterial street) located in an office, commercial or industrial zoning district; No display areas, merchandise. or stored items in association with the vendor or those associated with the principal use on the propertv, which are displaced due to the vending activity shall encroach onto any right-of-way nor onto any adiacent private pro~erty without express permission from that propertv owner in accordance with this section; iii. The vendor may not impede the safe flow of people and vehicles during, use of the vendor site;

27 iv. The vendor shall be setback a minimum of 10' from the public right-of-way. including all display area, carts, tents, and trailers. However, at no time may the location violate Section Visibility at intersections; v. The vendor shall be prohibited from selling or distributing any type of glass container; vi. vii. viii. ix. Signs shall not exceed a maximum ten (10) square feet for all total signs used in conjunction with the vending operation; The vendor shall provide a sworn statement from the property owner and the vendor on a form provided by the City indicatin~ that the vendor has permission to vend on that site, along with the following: The propertv owner shall be required to allow the vendor's patrons access to all bathroom facilities; The propertv owner shall state that the vendor shall meet all local, state, and federal regulations, ordinance, statutes and laws in regards to his specific business; x. The property owner shall state that he understands the regulations governing - vendors and will be held responsible, along with the vendor, for anv code violations; xi. xii. xiii. The vendor shall not be allowed to eliminate required parking spaces for the principal use of the property; Time Limit: An approved vendor may operate during the event hours only. The vendor may prepare the specific vending location on the property beginning no more than two (2) hours prior to the special event. Furthermore, the vendor must be cleared from the property no later than one (1) hour after the end of the event; Only one vendor shall be allowed on any individual zoning lot; and,

28 xiv. All waste andlor refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period. d. Temuoraw Vendor: Temporary vendor sales shall be allowed by permit on parcels that are zoned or used for non-residential sales subject to the following provisions: 1. No more than three (3) permits shall be issued per parcel in any calendar year and the duration of the vend in^ on the parcel shall not exceed thirty (30) consecutive days per permit issued; 2. No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending, - activity shall encroach onto any right-of-wav nor onto any adjacent private property without express permission from that property owner in accordance with this section; 3. The vendor shall maintain a minimum 10' setback from the public right-of-way, including all displav area, carts. tents, and trailers. However, at no time shall the location violate Section Visibility at intersections; 4. Signs shall not exceed a maximum ten (10) square feet for all total signs used in conjunction with the vending operation; and, 5. The vendor shall provide a sworn statement from the property owner on a form provided bv the City indicating that the vendor has ~ermission to vend on that site, along with the following: 1. The property owner shall be required to allow the vendor's patrons access to all bathroom facilities; The property owner shall state that the vendor shall meet all local. state, and federal regulations, ordinance, statutes and laws in regards to his specific business;

29 iii. iv. The property owner shall state that he understands the regulations governing vendors and will be held responsible, along with the vendor, for any code violations; The vendor shall not be allowed to eliminate required parking spaces for the principal use of the property; v. The vendor shall be prohibited from selling or distributing any type of glass container; vi. vii. viii. ix. The vendor shall be allowed to be operate on the site between the hours of 7:OO a.m. to 9:00 p.m.; Only one temporary vendor shall be allowed on any individual zoning lot; No vendor shall locate within two hundred fifty (250) feet of another business whose principal product line is of the same type. This separation requirement shall apply whether it is another vendor or a business with a permanent location; and, All waste andfor refuse shall be removed from the vendor area and placed in an appropriate, legally designated receptacle for the private property on a daily basis for the duration of the sales period. e. Ybor City Historic District Vendor. Vendors are prohibited within the Ybor City Historic District, except as follows: 1. Vendors shall be allowed within the Ybor City Historic District under the following circumstances and subject to the following conditions: 1. During a special event or festival designated by city council pursuant to a parade, block partv or road festival permit, vendors may be allowed on private property that lies adiacent to subiect to the public right(s)-of-way that is closed during the special event or festival and in accordance with the parade, block party or road festival permit;

30 On a city park if allowed by the city's parks de~artrnent in connection with a event or festival of a limited duration; or, iii. As a subordinate use, which is integral to the conforming principal use of the property, the design of which subordinate use has been reviewed and approved by the Barrio Latino Commission. 2. When allowed, vendors must meet the following conditions: 1. The vendor must clear the vendor site of all litter and debris after use; The vendor shall be prohibited from.selling or distributinp any type of glass container; iii. iv. The vendor may not impede the safe flow of people and vehicles during use of the vendor site; and, The vendor must obtain all applicable city, state, county, and health department licenses and permits and display them in plain view. If applicable, the vendor must also display an event authorization tag issued to the vendor by the event sponsor." Diagram 6.3 VENDOR CART ILLUSTRATIONS Any covering shall not exceed the size of the cart by 2 feet Conceal trailer hitch Fender skirts are required for rubber tires If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed Maximum cart size: W=107x H=8'x L=20' Example 1 11

31 Any covering shall not exceed the size of the cart by 2 feet Conceal trailer hitch Decorative wheels may be exposed If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed Maximum cart size: w=i n 7 u=n7~ ~ T =7n, Any umbrella shall not exceed the size of the cart by 2 feet Conceal trailer hitch Fender skirts are required for rubber tires If exterior lights are incorporated on the cart, the light source must be steady (no flashing lights) and they must be concealed Maximum cart size: W=lO'x H=S7x L=207 Example 3 Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 4. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part.

32 Section 5. That this ordinance shall take effect on April 1, PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON MAR 2 n 3nn8. ATTEST: CITY COUNCIL APPROVED BY ME ON WA PAM IORIO, MAYOR APPROVED AS TO LEGAL SUFFICIENCY BY: EIS JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY

33 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 27 (ZONING); AMENDING SECTION 27-77, TABLE 4-1 SCHEDULE OF PERMITTED USES BY DISTRICT; AMENDING SECTION 27-78, TABLE 4-3 SCHEDULE OF M-AP PERMITTED USES; AMENDING SECTION , TABLE 8-1 SCHEDULE OF PERMITTED USES AND PERMISSIBLE USES; AMENDING SECTION , TABLE 18-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND SPECIAL USES; AMENDING SECTION , TABLE 18-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND SPECIAL USES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Land Development Coordination office to complete the following amendments to Chapter 27, Code of Ordinances. WHEREAS, the Hillsborough County City-County Planning Commission conducted a public hearing on this ordinance and made a finding on December 10,2007, that it is consistent with the Tampa Comprehensive Plan; WHEREAS, The City Council of the City of Tampa has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which'public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Official schedule of district regulations." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Official schedule of district regulations.

34 TABLE 4-1 SCHEDULE OF PERMITTED USES BY DISTRICT* *Legend: X Permitted principal use S 1 Special use--zoning administrator review S2 Special use--city council review A Permitted accessory use Blank Prohibited use ses E ar and P- Sales - Notes:

35 13. Temporary vendor sales may be considered for permit on parcels that are zoned or used for nonresidential sales subiect to Section criteria. 14. Refer to Articles XI Special Use Permits and XXII Alcoholic Beverages for applicable provisions. 15. A sedarate special use application process shall be required in order to make alcohol sales from this use classification, subiect to the provisions in this chapter. 16. Requests for " R classifications shall process as an S1 administrative special use permit only when located within a large scale commercial developments that contains square feet or more in gross floor area (not including residential or office floor areal" Section 2. That "Sec District regulations for M-AP airport compatibility districts." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec District regulations for M-AP airport compatibility districts. TABLE 4-3 SCHEDULE OF M-AP PERMITTED USES: Permit ted Use Use Group C Alcoh - olic Bever larj2-e venue 3 Alcoh - olic Bever 322 (1) SCHEDULE OF M-AP PERMITTED USES MAXIMUM FLOOR AREA RATIO AND MAXIMUM COk,RAGE REGULATIONS M-AP 1 M-AP M- A 3 Use FAR Coverage Use FAR Coverage Use I FAR Coverage Use FAR Coverage - S % - S2 - S % - S2

36 Alcoh - olic Bever w? Sales - tempo rary Alcoh Ql& Bever 3% Sales - sidew & - cafd sales3, 4 '. Refer to Articles XI Soecial Use Permits and XXII Alcoholic Beverapes for aoolicable orovisions 4. FAR and lot coverage is not applicable for the sidewalk cafk portion of the development. The principal use of the site shall adhere to the FAR and lot coverage percentapes based on the underlying M-AP district. '. FAR limits for alcoholic beverage sales in coniunction with another use on this table shall be limited to the maximum FAR listed for the other use." Section 3. That "Sec Historic district established." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Historic district established. *Legend: X Permitted principal use S 1 Special use--zoning administrator review S2 Special use--city council review A Permitted accessory use BlankJ'rohibited use TABLE 8-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND SPECIAL USES* Uses kc- 1 ~ ~ - 2 ~ ~ - 3 ~ ~ ~ - 4 k ~ - 5 ~ ~ - 6 ~ ~ Use Group C Bar and lounge" 1x1 I 1x1 XlS2lX

37 lo. Refer to Articles XI Special Use Permits and XXII Alcoholic Beverages for applicable urovisions. 11 A separate special use application process shall be required in order to make alcohol sales from this use classification, subject to the urovisions in this chapter. 12. A development mav request this use through a site plan controlled rezoning process and the application will be subject to review based on both the site plan rezoning criteria and the special use criteria in this chapter. as well as all other applicable development codes: however, the use shall not be uermitted in the YC-9 if the use is prohibited in the underlying zoning district." Section 4. That "Sec Official schedule of permitted principal, accessory and special uses." is hereby amended by adding the underlined language and deleting the stricken language as follows:. "Sec Official schedule of permitted principal, accessory and special uses. TABLE 18-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND SPECIAL USES* X permitted principal use S 1 Special use--zoning administrator review S2 Special use--city council review A Permitted accessory use Blankprohibited use ses I CBD-1 I CBD Refer to Articles XI Special Use Permits and XXII Alcoholic Beverages for applicable provisions. 8. A separate special use application process shall be required in order to make alcohol sales from this use classification, subiect to the provisions in this chapter." Section 5. That "Sec Official schedule of permitted principal, accessory and special uses." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Official schedule of permitted principal, accessory and special uses.

38 TABLE 18-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND SPECIAL USES* 10 Refer to Articles XI Special Use Permits and XXII Alcoholic Beverages for applicable provisions. 11. A separate s~ecial use application process shall be reauired in order to make alcohol sales from this use classification, subiect to the provisions in this chapter." Section 6. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 7. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 8. That this ordinance shall take effect on April 1, PASSED AND ORD TAMPA, FLORIDA, ON ATTEST: #df& OW E CITY COUNCIL OF THE CITY OF APPROVED BY ME ON 7'n.0 ' ' ' 0 $ 7nnq PAM IORlO, MAYOR 6

39 APPROVED AS TO LEGAL SUFFICIENCY BY: E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY K:/Debbie/Ordinances/Chapter27/Ord comp changes -Tables finalv

40 ORDINANCE NO a AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 27 (ZONING); AMENDING SECTION , LOTS, YARDS AND MEASUREMENTS; AMENDING SECTION , BUFFERS AND SCREENING; AMENDING SECTION , SOLID WASTE STORAGE AREA; AMENDING SECTION , TENTS; AMENDING SECTION , METHODS OF PROVIDING REQUIRED PARKING AND LOADING; AMENDING SECTION , TABLE 10-1 TABLE OF REQUIRED PARKING SPACES; AMENDING SECTION , ADMINISTRATIVE VARIANCE OF REQUIRED PARKING SPACES; AMENDING SECTION , CLASSES OF SPECIAL USE PERMITS; AGENT OR BODY RESPONSIBLE FOR EACH GENERAL PROCEDURE; AMENDING SECTION , REVIEW MATERIALS; AMENDING SECTION , GENERAL REQUIREMENTS; AMENDING SECTION , BONUS PROVISIONS; AMENDING SECTION , APPEAL METHOD; AMENDING SECTION , DEVELOPMENT DESIGN APPROVAL AND PROCEDURES; AMENDING SECTION DEVELOPMENT DESIGN REGULATIONS; AMENDING SECTION , PARKING REQUIREMENTS; AMENDING SECTION , KENNEDY BOULEVARD CORRIDOR DISTRICT DEVELOPMENT DESIGN STANDARDS; RENUMBERING ARTICLE XXII DEFINITIONS; RENUMBERING SECTION , INTERPRETATION OF TERMS AND WORDS; RENUMBERING SECTION , DEFINITIONS OF GROUPINGS OF VARIOUS DISTRICTS; RENUMBERING AND AMENDING SECTION , DEFINITIONS; RESERVING ARTICLE XXII; RESERVING SECTIONS THROUGH ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Land Development Coordination office to complete the following amendments to Chapter 27, Code of Ordinances. WHEREAS, the Hillsborough County City-County Planning Commission conducted a public hearing on this ordinance and made a finding on December 10, 2007 that it is consistent with the Tampa Comprehensive Plan;

41 WHEREAS, The City Council of the City of Tampa has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Lots, yards and measurements." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Lots, yards and measurements. (a) Measurements of lot width and yards. (1) Lot width. The width of a lot shall be measured at the rear of the required front yard and shall be maintained for a depth required to meet 50 percent of the required minimum lot area; however, if the lot is a lot of record as of the adoption of this ordinance, then the width of the lot may be measured according to the regulations in effect at the time the lot was created. For those lots that do not meet the specific criteria set forth in the section, an application may be made " n.. for CiW Council consideration through the rezoning process. The intent of the minimum lot width provision is to maintain a reasonable distance between structures for the purposes of preservation of open space, adequate provision of air and light, reduction of fire dangers, limitation on density, and aesthetics. In consideration of the stated intent of said provision, a lot shall be deemed to be in violation of the minimum lot width requirement if said lot, while in technical compliance with the lot width measurement requirement, is inconsistent with or fails to achieve the aforementioned intent of the minimum lot width provision.

42 Section 2. That "Sec Buffers and screening." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Buffers and screening. In order to reduce the impacts of a use of land on adjacent uses which are of a significantly different character, buffers and screening shall be required in accord with the following provisions of this section: (1) Buffers required. A buffer consists of a horizontal distance from a property line which may only be occupied by screening, drainage areas, utilities {with the exception of solid waste storage facilities) and landscaping materials. The required buffering distance between land uses on adjoining zoning lots is set forth in the buffer matrix below. MechanicaVair conditioning equipment, outdoor storage areas and parking areas shall not be located within the required buffers. Compliance with this section is required in all cases of new construction, change of use or expansion of use or structure subject to the following exceptions: a. Addition to an existing structure or increase in the intensity of capacity of existing (or change in) use which is less than or equal to five hundred (500) square feet or five (5) percent, whichever is less. This exemption may be exercised only once during the life of the building. b. In cases where an addition or change in use exceeds five hundred (500) square feet or five (5) percent and where a fifteen-foot buffer would now be required, the buffer may include the loading area only when no alternative location exists. In such cases, the six-foot-high masonry wall is required." Section 3. That "Sec Solid waste storage area." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Solid waste storage area. (a) All new construction, major renovation, and/or change of use, for any use, shall provide facilities for the central storage of solid waste within the lot. Solid waste facilities may be located inside or outside of a building, shall contain equipment and necessary space that is compatible with the city's mechanical solid waste collection system, and be designed and placed in m-qpwwd, sewkabk leea&em a serviceable and safelv accessible, approved location. The property owner shall be responsible for keeping the solid waste enclosure and associated pates, concrete pads. and access walkwavs in good repair at all times. subject to the enforcement requirements of Chapter 19 and 26.

43 Section 4. That "Sec Tents." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Tents. Tents may be erected only as temporary structures provided that the activity for which the tent is being used is consistent with the uses permitted in the underlying zoning district. There shall be no extension to the duration or time frame for which a tent may be erected as specified in this section. Structures erected for longer periods of time than allowed by this section must be designed as permanent structures and comply with current building codes, land development regulations and fire codes. (c) The I\I.Y zoning administrator may approve tents on an annual basis in commercial and industrial districts when it can be demonstrated by the applicant that: (1) The use of a tent is shown to be integral to the type of business proposed. (2) There is no signage or advertising on the tent. (3) The tent is attached to the ground and maintained free from excessive wear. (4) The tent is in compliance with Section (b), except as it relates to the time limits set forth therein." Section 5. That "Sec Methods of providing required parking and loading." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Methods of providing required parking and loading. (b) In lieu of actual construction of required on-site parking spaces, all or any portion of the off-street parking required in this article may be provided as follows: Required parking for a use on a zoning lot may be located on another zoning lot, either by itself or combined with parking for other uses, subject to certification by the zoning administrator that the following requirements have been met: a. The use being served by the off-site parking 4w-H be a permitted principal use, as established in Article IVY XVIII. or XIX, in the zoning districts within which the zoning lot containing such parking is located. b. The off-site parking spaces shall be located within three hundred (300) feet walking distance (1000' in the Central Business District or Channel District) of a public entrance to the structure or land area containing the use for which such spaces are required. A safe, direct, attractive, lighted

44 and convenient pedestrian route with signage to delineate the route, shall exist or be provided between the off-site parking and the use being served." Section 6. That "Sec Table 10-1 Table of required parking spaces." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Number of off-street parking spaces. Table 10-1 TABLE OF REQUIRED PARKING SPACES (7) Residential uses: J. Senior housing (pro-iect for persons 55 years or older that qualifies for HUD assistance) = 1 space per unit." Section 7. That "Sec Administrative variance of required parking spaces." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Administrative Variance of required parking spaces. (a) The zoning administrator may authorize a reduction of the required number of parking spaces for the following situations: (2) For existing buildings, construction prior to 1988, when a change of use to a more intensive use (except for restaurants having more than fifty (50) seats, bartlounge, medical ei%ee use or vehicular repair) makes full compliance with all land development regulations impossible because of specific site constraints, the applicant may request to reduce up to fifty (50) percent or fifteen (15) spaces of the required number of off-street parking spaces, whichever is more." Section 8. That "Sec Classes of special use permits; agent or body responsible for each general procedure." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Classes of special use permits; agent or body responsible for each general procedure.

45 (b) Classes of special permits, the agent or body responsible for each and general provisions regarding the procedure are as follows: (1) S-1 special use permits; administered by zoning administrator; no formal public notice or hearing. It is intended that S-1 permits be required in relation to certain temporary uses and occupancies or where specified uses or characteristics of use could have adverse effects on adjacent properties unless special requirements are met..... a. a Administration by zoning administrator. The zoning administrator shall be responsible for the administration, processing, review and determination on applications for S-1 special use permits. Recommendations from other departments or agencies may be requested by the zoning administrator where necessary to establish conditions or to establish compliance with the conditions. b. Time fiames for S-1 special use permit review by the zoninx administrator The zoning administrator, or any eeket: department or agency requested to review the S-l special use application, shall review and issue a determination within thirty (30) working days of receipt theeef. The review and determination period may be extended at the request of the. a... ~ a v v l i c a n t ~ 9... for up-ka&y &e++ an additional fifteen (15) working days. If the application is in conformity with the terms and requirements of this chapter or if specified conditions and safeguards as provided for under section , if attached, would result in such conformity, the zoning administrator shall grant the special use permit with the necessary safeguards and conditions. If the application is not in conformity with the terms and requirements of this chapter, or if the applicant will not comply with any specified conditions as provided for under section , the application shall be denied.

46

47 S-2 special use permits; procedure for submission and consideration of decision by city council. It is intended that S-2 special use permits be required where specified uses or occupancies involve matters deemed to be of citywide or area-wide importance. The city council shall be solely responsible for decisions on all applications for S-2 special use permits..... a. A Application submitted to zoning administrator. An application for approval of S-2 special uses shall be filed with the zoning administrator, who shall, before accepting any application, ensure that it contains all required information, as specified elsewhere in this chapter. b. Zoninn administrator analvsis and report. The zoning administrator shall cause an analysis to be made of the application and, based on that analysis, prepare a report for consideration by the city council. c. Public hearing required: notice specified. Prior to consideration of the application for approval of a special use, a public hearing thereon shall be held by the city council. Applicants for approval of special uses, the city clerk and the zoning administrator shall, for special use public hearings, meet the same requirements as are established for public notice and final site plan deadlines for parcel rezonings (see Article XI11 and XVI)... d. Ir,+;,, Action on the application. After completion of the public hearing, the city council shall take action on the application. This action shall be one (1) of the following: 1. Approval; 2. Approval with conditions attached; 3. Denial. e. 1 Action subsequent to city council action. The zoning administrator shall cause notice of the disposition of the application to be sent to the applicant and a copy of the decision to be filed in the office of the zoning administrator. The zoning administrator, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the

48 council's actions. A denial of an S-2 special use permit shall preclude consideration of an application which has a substantially similar request as described in the application involving the same lands or any portion thereof for a period of twelve (12) months from the date of denial of the previous application. The city council may determine that this time period does not apply if the new S-2 application has addressed the grounds for denial identified during the public hearing. (3) Contents of application for special use. The application for ajqwwd4 a special use shall be submitted on forms provided by the zoning administrator.c...'. sc The application for a special use shall include at a minimum: a. A full and accurate description of the proposed use; b. Property survey including boundary, topographic contours, and tree locations, general property address, and legal description: for alcoholic beverage sales, the survey must also include a legal description of the location from where the sales activitv will occur and those measurements required to demonstrate compliance with distance separation criteria; c. The appearance and operational characteristics of the proposed d. The name and address of the property owner; e. The name and address of the applicant, if different from the owner; f. All relevant information needed to show compliance with the general and specific standards governing the special use; k5 A site development plan that represents the graphical depiction of a. b, c, and f, at a minimum." Section 9. That "Sec Review procedure." is hereby amended by adding the underlined language and deleting the stricken language as follows:

49 "Sec Review procedure. Applications for all site plan zoning districts, specifically, Planned Development (PD), Planned Development Alternative (PD-A), RO, RO-1, CN Districts, Central Business District-2 (CBD-2), Ybor City (YC-9) and Channel District-3 (CD-3), shall be submitted and processed as zoning amendments in accordance with the following requirements and procedures as set forth in Article XVI: (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): 16. Signature lines for city council chairman, city clerk, and M., n,. Vu -zoning administrator for certification." Section 10. That "Sec General requirements." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec General requirements. The provisions of this section shall apply to all site plan zoning districts except Central Business District-2 (CBD-2). Refer to Article XVIII for the general requirements for the CBD-2 site plan zoning district. For the Channel District-3 (CD-3), in addition to the general requirements set forth herein, refer also to section for the general requirements for the TQD site plan zoning district and to Article XVIII for the general requirements for the CBD-2 site plan zoning district. For the Ybor City (YC-9) site plan zoning district, in addition to the general requirements set forth herein, refer also to Article VIII in this Chapter. ) Development standards. 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 servicable 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 O(a), Section (b) and Section (I)].

50 (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 and to the extent expressly allowed in this article: h. Solid Wastemefuse Stations Technical Standards, as adopted per Chapter 26 &; however, alternative designs may be considered by the Director of Solid Waste or designee; and" Section 11. That "Sec Bonus provisions." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Bonus provisions. (c) Criteria realizing maximum achievable bonus. The City of Tampa recognizes the need for and the desirous nature of certain amenities; therefore, if at least three (3) of the following are provided the maximum achievable bonus shall be realized, provided that all other land development regulations are met: (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." Section 12. That "Sec Appeal method." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Appeal method. (a) Appeal from zoning administrator's determination. An appeal from a written order, requirement, decision or determination of the zoning administrator, or of another administrative authority as empowered by this Chapter, (not including requests for such determinations of code related matters from any city agency or member of the Development Review Committee, eth+km a determination concerning a S-1 special use permit, an approved S-2 special use permit, or an approved site plan district rezoning) shall be filed with the appropriate board or

51 commission within thirty (30) days of the date of the zoning administrator's written order, requirement, decision or determination. The appellant shall pay, at the time of filing, a fee as established by the city council by resolution. (1) Jurisdiction; standard of review. An appeal pursuant to section (a) shall be filed with the variance review board (VRB), or with the architectural review commission (ARC) if the subject property is located in an historic district or on a landmark site regulated by the ARC, or with the Barrio Latino Commission (BLC) if the subject property is located in the Ybor City Historic District or on a landmark site regulated by the BLC. The appeal shall be considered by the appropriate board or commission during a noticed public hearing. The board 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 zoning administrator based the determination. (b) Appeal from determination of S-1 special use permit [not relating to constitutionally protected first amendment activity), an avvroved S-2 swecial use permit, or an avproved site plan district rezoning. Notwithstanding anything to the contrary in this section, a person with standing to appeal a grant or denial of a S-1 special use permit or administrative determination made related to an approved S-2 special use permit or an approved site plan district rezoning; shall be 37, 3 A3 adhere to the following; procedure below:: (1) An applicant for an appeal shall have thirty (30) days to file a written appeal of a decision of the zoning administrator. (2) The appeal shall be filed with the zoning administrator, and upon certification and assignment of a hearing date, shall be directed to the city council. (3) The fee for such appeals shall be as set forth by city council resolution. (4) The public notice for such an appeal shall be provided in the same manner as set forth in section (c); in addition to the public notice reauired in (c), an apwlicant for an S-1 appeal for a blood donor center or temporary help agency shall send a notice to the owner, according to the latest ad valorem tax records, of every parcel of land within a distance of five hundred (500) feet, including roads or streets, in all directions from the propertv line of the land upon which the applicant requests such special use and shall provide said notice and further prepare an affidavit evidencing such notice in the manner set out in section (c).

52 (5) City council shall hear said appeal and rule thereon within ninety (90) days of receipt of a written appeal; provided however, if the person filing said appeal requests a continuance, fails to provide proper notice. or commits any other act or inaction which delays the citv council's hearing of the appeal, city council shall not be subject to said review timeframe. (6) Such appeals to city council shall apuly a de novo standard of review and shall not be limited to that information, documentation or evidence upon which the zoning administrator based the determination. /7) City Council shall either uphold or reverse the administrative determination that has been rendered and may consider and grant waivers only to those specific regulations, related to the requested special use, as defined in section J8) The zoning administrator shall cause notice of the disposition of the city council's decision to be sent to the appeal applicant and a copy of the decision shall be filed in the office of the zoning administrator. In the event citv council reverses the decision of the zoning administrator on an S-1 application, the zoning administrator shall issue the S-1 permit in accordance with the decision of city council. (9) Any decision of the city council shall be reviewable in anv manner as provided by law. (10) If the zoning administrator's decision is upheld by city council throuvh the appeal process for an S-1 special use permit, thereby denying the request, any applicant shall be prohibited from filing an application for consideration of other S-1 special use applications for the same use classification sought by the denied application. which involves the same lands or any portion thereof for a period of twelve (1 2) months from the date of citv council's ruling on the apueal request. (1 1) If the administrative determination related to an S-2 special use permit or an approved site plan rezoning is upheld by city council through the appeal process. thereby denying the request. any applicant shall be prohibited from filing an application for consideration of other S-2 or site plan rezoning applications for either the same use or zoning classification sought bv the denied appeal for a period of six (6) months from the date of city council's ruling on the appeal reauest. Jc) Appeal of zoning administrator's determination of permits for S-1 special use relating to constitutionallv protected first amendment activity. A party with standing to appeal the final determination of the zoning administrator with respect to a S-1 special use permit application relating to constitutionally protected first amendment activity shall be entitled, as a matter of right, to seek immediate

53 review of such final determination bv filing an appropriate pleading with the circuit court. (6) Appeal from determination of board or commission. An appeal from a decision of the ARC, BLC or VRB, shall be filed with the city council within seven (7) business days of the date of the oral decision of the board or commission. The appellant shall pay, at the time of filing, a fee as established by the city council by resolution. The appellant shall mail a copy of the notice of appeal to the administrator for the board. The following procedures shall be followed for any appeal hearing scheduled for consideration by the city council: (8) Standard of review; action. At the appeal hearing before the city council, no new evidence may be presented to the city council and the city council's action shall be solely based upon the record created during the public hearing(s) before the board or commission. The city council, in reviewing the decision of the board or commission, shall determine whether: (1) the board's decision was supported by competent, substantial evidence; (2) whether due process was accorded; and, (3) whether the essential requirements of the law have been observed. The city council, in reviewing the decision of the board or commission, may either affirm the board's or commission's decision, e~ may remand the matter to the board or commission for further proceedings, with direction on how the board or commission failed to comply with the above standards, or may overturn the decision of the board or commission, thereby granting the petition. If a petition is remanded back to the board or commission, then the board or commission shall only consider and take action based upon the direction from the city council indicating how the board or commission failed to comply with the above standards. If the petition is again appealed to the city council and the city council finds that the board or commission has still failed to comply with the above standards, as directed by the city council, then the city council may take any action which the board or commission was authorized to take. In making this determination, the city council shall not take any new evidence or testimony, but shall only review the record established during the public hearing(s) by the board or commission and hear argument." Section 13. That "Sec Development design approval and procedures." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Development design approval and procedures. (b) Review procedure. (2) Submission requirements. All applications for design approval shall contain the following items:

54 h. A public open space plan containing the following information: 1. A detailed site plan of the public open space showing: I. The dimensions of the public open space (see section (e)(2)a. for design options);" Section 14. That "Sec Development design regulations." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Development design regulations. (e) Public open space requirements. (2) Requirements. Public open space shall be provided as follows: a. Property owners conducting new development in all CBD districts, except the waterfront overlay district, shall qm-spee provide public open space in accordance with one (1) of the following options for the subiect development (the use of permeable. ADA compliant material for hardscape is required, e.g. permeable concrete. wavers, etc.): 1. Required public open space shall equal no less than twelve (12) percent of the total site area, if all public open space is located on one (1) corner of the parcel (see Figure 1 below): 12% Public Open Right-of-way 12% Public Open Space at Corner Figure 1 2. Rewired public open space shall equal no less than twelve (12) wercent of the total site area, if all public open space is

55 - located in one (1) aggregate area of the parcel (see Figure 2 below): 12% Public Open Space in one (1) aggregate area Figure 2 3. Required public open space shall eaual no less than twelve (12) percent of the total site area, if all public open space is located in one (1) aggregate area of the parcel along. a maior street (see Figure 3 below): -- ~ 12% Public Open Figure 3 4. Required public open space shall equal no less than fifteen (1 5) percent of the total site area, if public open space is divided and distributed throughout the parcel or is being

56 designed solely to provide wider sidewalks (see Figure 4 below): 15% Public Open, : I, Space when distributed f*&& J throughout parcel I Figure 4" Section 15. That "Sec Parking requirements." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Parking requirements. (a) (b) {c) /d) (e) Off-street parking requirements. Any building within the central business district that is erected, expanded, =increased in floor area &+use shall meet the applicable parking requirements as set forth in Table 18-3, Table of Required Parking Spaces. All other applicable regulations of Article X hereof shall be complied with. Specific to structural off-street parking within the CBD, standard parking spaces shall maintain a minimum measurement of 8'W x 18'L with a 24' drive aisle (back-out). Furthermore, within said parking structures, tandem stalls may be utilized for residential uses only. Compact spaces may be utilized for uu to one hundred (100) percent of the required parking. Parking stalls for motorcycles (as defined in Chapter 25) may be urovided for up to ten (10) percent of the required off-street parking, in lieu of required standard or compact vehicle parking stalls. Said stalls shall maintain a minimum measurement of 5'W x 8'L. The zoning administrator may consider off-site parking as an alternative. subject to section "

57 Section 16. That "Sec Kennedy Boulevard Corridor District Development Design Standards." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Kennedy Boulevard Corridor District Development Design Standards. ) Streetscape Design Standards. The following specific streetscape design standards shall be required for all projects located within the boundaries of the Kennedy Boulevard Corridor District. Refer to the "Streetscape Plan View," "Sidewalk Adjacent to Road Cross Section," "Streetscape Lighting," and "Sidewalk Design Specification" exhibits depicted herein for dimensional, placement, materials, and planting requirements. (2) Streetscape landscape standards (along all street right(s)-of-way). (b) Streetscape trees shall be live oak, [Quercus virginiana), East Palatka holly, fllex X attenuate), or Chinese elm, (Ulmus parvifolia). The zoning administrator or designee shall consult the city's Urban Forester on any alternative selections." Section 17. follows: That "Article XXII. Definitions." is hereby renumbered as "Article XXIV. Definitions." Section 18. That "Sec Interpretation of terms and words." is hereby renumbered as follows: "Sec Interpretation of terms and words." Section 19. That "Sec Definitions of groupings of various districts." is hereby renumbered as follows: "Sec Definitions of groupings of various districts." Section 20. That "Sec Definitions." is hereby renumbered and amended pursuant to the underlined and deleted language as follows: "Sec Definitions. Vending machine: a self-service device that, upon insertion of various forms of currency, dispenses unit servings of food items or other goods directly to consumers.

58 Vendor: Any person who sells by peddlingtkitwktttg-or offering for sale by soliciting or displaying any food st+&% items, beverages, wares, or any other item of merchandise or service +dx&cww on the public right-of-way or private property from anything other than a non-mobile structure wkisk m i s permanently erected or constructed with a fixed location on or in the ground. Vendor market: An open air market designed and constructed as a permanent structure with a fixed location on or in the ground wkereiff in which vendors may erect or locate carts, booths, stalls, tables, stations, etc. Vendor site: The area owned by or leased or licensed to the vendor for its use." Section 21. That "Article XXII. Definitions." is hereby reserved. Section 22. That "Sec through Sec " are hereby reserved. Section 23. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 24. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 25. That this ordinance shall take effect on April 1, PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON MdR C ATTEST: CITY COUNCIL CITY CLE-1 I i LLCKK

59 APPROVED BY ME O NwR PAM IORIO, MAYOR APPROVED AS TO LEGAL SUFFICIENCY BY: JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY K:/DebbielOrdinancesiChapteR7/0rd comp changes - v

60 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 27 (ZONING); AMENDING ARTICLE XXII RESERVED; AMENDING SECTION , ACCESSORY USES; AMENDING SECTION , CLASSES OF SPECIAL USE PERMITS; AGENT OR BODY RESPONSIBLE FOR EACH GENERAL PROCEDURE; AMENDING SECTION , GENERAL STANDARDS; AMENDING SECTION , CONDITIONS AND SAFEGUARDS ; AMENDING SECTION , LAPSE OF SPECIAL USES; AMENDING SECTION , REGULATIONS GOVERNING INDIVIDUAL SPECIAL USES BY ADDING PROVISIONS FOR ALCOHOLIC BEVERAGE SALES; AMENDING SECTION , SPECIAL USES NOT TO BE CONSIDERED NONCONFORMING; AMENDING SECTION , DEFINITIONS; AMENDING ARTICLE XXII, RESERVED; AMENDING SECTION , RESERVED; AMENDING SECTION , RESERVED; AMENDING SECTION , RESERVED; AMENDING SECTION , RESERVED; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Land Development Coordination office to complete the following amendments to Chapter 27, Code of Ordinances. WHEREAS, the Hillsborough County City-County Planning Commission conducted a public hearing on this ordinance and made a finding on December 10, 2007, that it is consistent with the Tampa Comprehensive Plan; WHEREAS, The City Council of the City of Tampa has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Tampa; and, WHEREAS, duly noticed public hearings as required by law were held by the City Council of the City of Tampa, at which public hearings all residents and interested persons were given an opportunity to be heard.

61 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That "Sec Accessory uses." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Accessory uses. Accessory uses shall not require a public hearing or administrative review beyond the review required to secure a commercial site plan permit, or as required by other regulations of the City of Tampa. However, all accessory uses (except for all types of alcoholic beverage sales, which require a separate approval process as set forth in Article XI and XXII) shall meet the following requirements: (1) Any such use shall be located wholly within a structure of a permitted use, except day care and nursery facility as indicated in (4) below. (2) Not more than one (1) exterior entrance shall be permitted. (3) An identification sign not exceeding three (3) feet square shall be permitted on or adjacent to the entrance of the accessory use. Signs shall have the following limitations: Sign text shall be limited to the name of the business. B;m Flashing, occulting and moving signs shall not be permitted. e Formed plastic or injected molded signs shall not be permitted. &(dj Exposed raceways, transformers, and similar items are not permitted. e,@ A "logo" shall be limited to twenty-five (25) percent of the total permitted sign area. (4) Such uses shall not individually occupy more than twenty (20) percent of the floor space of the total primary use and all accessory uses shall not collectively account for more than thirty (30) percent of the total floor space with the exception of a child care center which may occupy a freestanding building if said building is located on property occupied by a principal use and is designed to serve said principal uses." Section 2. That "Sec Classes of special use permits; agent or body responsible for each general procedure." is hereby amended by adding the underlined language and deleting the stricken language as follows:

62 "Sec Classes of special use permits; agent or body responsible for each general procedure. (b) Classes of special permits, the agent or body responsible for each and general provisions regarding the procedure are as follows: (1) S-1 special use permits; administered by zoning administrator; no formal public notice or hearing (unless otherwise stated in this section). It is intended that S-1 permits be required in relation to certain temporary uses and occupancies or where specified uses or characteristics of use could have adverse effects on adjacent properties unless special requirements are met..... a. a t, Administration bv zonin~ ndnzirzistmtor. The zoning administrator shall be responsible for the administration, processing, review and determination on applications for S-1 special use permits. Recommendations from other departments or agencies may be requested by the zoning administrator where necessary to establish conditions or to establish compliance with the conditions. b. Time frames for S-1 special use permit review by the zoning administrator Applications for temporary alcoholic beverage sales special use permits must be submitted at least five (5) working days prior to the date of the event. The zoning administrator shall review and issue a determination no less than one (1) working day prior to the date of the event. In such case that an applicant does not meet the application submittal deadlines prescribed herein, the zoning administrator may consider an application filed after the submittal deadline thereby requesting an expedited review with payment for review at triple the fee of a standard review. Section 3. That "Sec General standards." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec General standards. (a) Except as otherwise provided herein, the following general standards shall be met by all applicants for special use permits:

63 (1) The use will jxemese ensure the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. (2) The use, which is listed as a special use in the district in which it is proposed to be located, complies with all required regulations and standards, including the provisions of Articles VI, aft$ VII, and XXII of this chapter, unless greater or different regulations are contained in the individual standards for that special use." Section 4. That "Sec Conditions and safeguards." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Conditions and safeguards. ( f) Specific to alcoholic beverage sales, city council and the zoning administrator shall not place any additional safeguards and conditions on a special use permit that are preempted by state law." Section 5. That "Sec Lapse of special uses." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Lapse Expiration of special uses. If the special use ceases operation for one hundred eighty (180) consecutive days, the special use permit shall expire, with the exception of the provisions for alcoholic beverage sales, as set forth in Article XXII." Section 6. That "Sec Regulations governing individual special uses by adding provisions for alcoholic beverage sales." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Regulations governing individual special uses. The following specific standards for individual special uses shall be applied by the city council or the zoning administrator, as appropriate, in deciding applications for approval, in addition to the general standards listed above in this article: Alcoholic beverage sales - large ve~zue: The following specific standards shall be used in decidinp an application for approval of this use:

64 (a) In addition to the provisions below, all large venues, which do not have a "full kitchen," must include the following items as part of the application and placed on the development site plan: (1) Business hours of operation. (2) If within Channel District, Central Business District, or Ybor City Historic District, provide security plan for the establishment and any parking facility, including enforcement of patron age restrictions, see section (3 ) If within Channel District, Central Business District, or Ybor City Historic District, provide a noise attenuation plan which addresses how noise will be controlled to meet the requirements of the noise ordinance. The information submitted pursuant to this subsection will be attached to the special use permit as conditions and subject to section For purposes of this section, "full kitchen" shall mean having commercial grade burners, ovens and refrigeration units of sufficient size and quantity to accommodate the occupancy content of the establishment. Full kitchens must contain grease trap interceptors, and meet all applicable city, county and state codes. jb) Within a large scale commercial development of five hundred thousand (500,000) square feet or more of gross floor area: (1) Applications shall comply with parking requirements, in effect at the time of the application, and contained in the applicable section of this chapter. 12) Minimum distance separation shall be measured in a straight line. from the nearest point of the structurelarea from which the alcoholic beverage sales will occur, to the specified surroundi~l uses. (3 ) Minimum Distance Separation: Requests for " R cla3sifications shall maintain zero (0) feet from other alcoholic beverage sales establishments. residential uses. and institutional uses. All other requests shall maintain a minimum distance separation of one thousand (1000) feet from other alcoholic beverage sales establishments. residential uses, and institutional uses. (4) Requests for "R" classificatioix that are processed as an S-1 shall close for business no later than 12:OO a.m. (5) Any violation(s) to the above criteria subiects the permit to revocation or suspension pursuant to Article XXII, section

65 (c) Within any other commercial development (less than 500,000 square feet gross floor area): 1 j Applications shall comply with parking requirements, in effect at the time of the application, and contained in the applicable section of this chapter. (2) Minimum distance separation shall be measured in a straight line. from the nearest point of the structurelarea from which the alcoholic beverage sales will occur. to the specified surrounding uses. (3) Minimum Distance Separation: a. All classifications with the exception of 4-PGC: 1,000 feet from other alcoholic beverage sales establishments, residential uses, and institutional uses; b. 4-PGC: 0 feet from other alcoholic beverage sales establishments, residential uses. and institutional uses. (4) City Council may consider waivers to the minimum distance separation if the application, after granting the waiver, is consistent with the general - standards set forth in section (5) Any violation(s) to the above criteria subjects the permit to revocation or suspension pursuant to Article XXII, section Alcoholic beverage sales - small venue: The following specific standards shall be used in deciding an application for approval of this use: (a) Within a large scale commercial development of five hundred thousand (500,000) square feet or more of gross floor area: (1) Applications shall comply with parking requirements, in effect at the time of the application, and contained in the applicable section of this chapter. 12) Minimuin distance separation shall be measured in a straight line, from the nearest point of the structurelarea from which the alcoholic beverage sales will occur. to the specified surrounding uses. 13) Minimum Distance Separation: Recluests for "R" classifications shall maintain zero (0) feet from other alcoholic beverage sales establishments, residential uses, and institutional uses. All other requests shall maintain a minimum distance separation of one tho~mnd (1000) feet from other

66 alcoholic beveraze sales establishinents, residential uses, and instltutioilal uses. 14) Requests for "R" classifications that are processed as an S-1 sl~all close for business no later than 12:00 a.m. 1.5) Any violation(s) to the above criteria subjects the permit to revocation or suspension pursuant to Article XXII, section (b) Within any other commercial development (less than 500,000 square feet gross floor area): (1) Applications shall comply with parking requirements, in effect at the time of the application, and contained in the applicable section of this chapter. (2) Minimum distance separation shall be measured in a straight line, from the nearest point of the structurefarea from which the alcoholic beverage sales will occur, to the specified surrounding uses. (3) Minimum Distance Separation: a. All classifications with the exception of 4-PGC: 1,000 feet from other alcoholic beverage sales establishments, residential uses, and institutional uses; b. 4-PGC: 0 feet from other alcoholic beverage sales establishments, residential uses, and institutional uses. (4) City Council may consider waivers to the minimum distance separation if the application, after ranting the waiver, is consistent with the general standards set forth in section (5) Any violation(s) to the above criteria subjects the permit to revocation or suspension pursuant to Article XXII, section Alcoholic beverages sales - temporarv: Applications that meet the following minimum criteria shall be processed as an S-1; no waivers shall be granted for temporary permits. (a) /b) Applicant shall be a bona fide non-profit or governmental organization; Approvals shall be limited to on premises consumption only, and only on land(s) that meet the following criteria: (1) Land(s) that are public right-of-way. - subject to (g) and (h) below,

67 (3) Land($ j that maintain a non-residential zoning district, or 13) Land(s) on which a legal conforming or legal non-conforming, nonresidential use exists within a residential zoning district; ( c ) Approvals shall not be granted for a period longer than three (3) coilsecutive days; (d) Approvals shall not be granted more than three (3) times in any one (I) calendar year to any one (I) organization; ( e ) Sales shall cease at 12:OO a.m.; If) All net profits from sales of alcoholic beverages collected during the approval period must be retained by the nonprofit or governmental organization; ( No applications for temporary sales on property owned or held in the public trust by the City of Tampa shall be accepted unless there is a letter consenting to such application issued by the office of the Mayor of the City of Tampa; (11) If any portion of the event is on property owned by the City of Tampa or within any right(s)-of-way owned and/or maintained by the city, an original certificate of insurance naming the City of Tampa as an additional insured (or a copy of the insurance certificate if the original is on the file with the Department of Public Works for a special event) showing a Commercial General Liability Insurance Policy with a limit of no less than $1,000,000, a Liquor Liability Insurance policy with a limit of no less than $1,000,000, and an aggregate limit of $2,000,000 must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the City. All insurance policies must be signed by the Authorized Representative of the insurance company. Cancellation or modification of the insurance policy requires a 30-day written notification to the city. During the term of the permit, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and employees for recovery damages to the extent such damage is covered under the Commercial General Liability or Liquor Liability Insurance policies. Alcoholic beverage sales - sidewalk cafe': Applications that meet the following minimum criteria shall be processed as an S-2; no waivers shall be granted for sidewalk cafe sales permits. ( a) Approvals shall not be granted for a period longer than one (1) calendar year;

68 (b) (c) (d) (e) Subsequent to approval by City Council, permits may be renewed by the zoning administrator, subject to the criteria herein, on an annual basis; Approvals shall only be granted for an alcoholic beverage classification which is less than or equal to the alcoholic beverage zoning classification assigned to the establishment adjoining the sidewalk cafe, and shall be limited to on premises consumption only (either "-Xu or "-R"); For sidewalk cafe sales, an original certificate of insurance naming the City of Tampa as an additional insured showing a Commercial General Liability Insurance Policy with a limit of no less than $1,000,000, a Liquor Liability Insurance policy with a limit of no less than $1,000,000, and an aggregate limit of $2,000,000 must be provided to the city. The insurance coverage and limits required must be evidenced by properly executed certificates of insurance forms that are to be furnished by the City. All insurance policies must be signed by the Authorized Representative of the insurance company. Cancellation or modification of the insurance policy requires a 30-day written notification to the city. During the term of the approval, the applicant shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a AM Best rating of B+ (or better) Class IV (or higher), or otherwise be acceptable to the city if not rated by AM Best. The permit holders, participants and volunteers waive all rights against the city, it agents, officers, directors, and einployees for recovery damages to the extent such damage is covered under the Commercial General Liability or Liquor Liability Insurance policies. Any violation(s) to the above criteria subiects the approval to revocation or suspension pursuant to Article XXII, section " Section 7. That "Sec Special uses not to be considered nonconforming." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Special uses not to be considered nonconforming. la) Uses other than alcoholic beverage sales. Any existing use which would require a special use approval under the terms of this chapter shall be deemed a conforming use. However, any of the following changes to the use shall require a special use approval as though it were a new use: ft;(1) Enlargement of the existing structure by five (5) percent of the floor area or one hundred fifty (150) square feet, whichever is less; or - b(2) If the use has ceased operation for one hundred eighty (180) consecutive days=

69 ~121 When there is a decrease or lessening of the existing buffering to adjacent uses; or & When there is a change in use or new use added to the existing use or uses. /b) (c) Alcoholic beverage sales. When the sale of alcoholic beverages at a location was approved by the City of Tampa prior to April , or if an establishment was selling alcoholic beverages permitted by a license in effect on June 19, said use may continue as a conforming use for the classification that was granted, subject to the provisions set forth in Article XXII. Any violations of these sections require a special use approval as though it were a new use. Clzfbho~~ses and bottleclubs. When a location was legally licensed as a clubhouse or bottle club prior to April , said use may continue as a conforming use, subject to the provisions set forth in Article XXII. Any violations of these sections require a special use approval as thou~h it were a new use." Section 8. That "Sec Definitions." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Definitions. Alcoholic beverage classification: Classification issued to an establishment related to the type of alcoholic beverage sold: (1) I-APS (Beer). Sale of malt beverages containing alcohol of more than one (1) percent by weight in sealed containers for consumption off the premises only; (2) 2-APS (Beer and wine). Sale of beverages containing alcohol of more than one (1) percent by weight and not more than fourteen (14) percent by weight and wines regardless of alcoholic content in sealed containers for consumption off the premises only; (3) I-COP (Beer). Sale of malt beverages containing alcohol of more than one (1) percent by weight for consumption on the premises and in sealed containers for consumption off the premises; (4) 2-COP (Beer and wine). Sale of beverages - containing alcohol of more than one (1) percent by weight - and not more than fourteen (14) percent by weight and wines repardless of alcoholic content for consumption on the premises and in sealed containers for coilsumption off the premises;

70 (7) I-COP-R (Beer). Sale of malt beverages containing alcohol of more than one (I) percent by weight for consumption on the premises only in connection with a 1 capacity of not less than eleven (11) seats and a combined gross sales of the business operation is more than fifty-one (51) percent attributable to the sale of food and non-alcoholic beverages, during any semi-annual period. Where outdoor seating is utilized to satisfy the seating requirement, the area of such seating shall be clearly delineated by fences or other barriers, with the exception of outdoor seating located within a public sidewalk; (5) 3-PS (Beer, wine and liquor). Sale of beverages regardless of alcoholic content in sealed containers for consumption off the premises only; (6) 4-COP (Beer, wine and liquor). Sale of beverages regardless of alcoholic content for coilsumption on the premises and in sealed containers for consumption off the premises; (8) 2-COP-R (Beer and wine). Sale of beverages containing alcohol of more than one (I) percent by weight and not more than fourteen (14) percent by weiqht and wines regardless of alcoholic content for consumption on the premises only in connection with a restaurant having a minimum indoor, outdoor, or combination thereof in seating capacity of not less than eleven (1 1) seats and a combined gross sales of the business operation is more than fifty-one (51) percent attributable to the sale of food and non-alcoholic beveraoes, during any semi-annual period. Where outdoor seating is utilized to satisfy the seating requirement, the area of such seating shall be clearly delineated by fences or other barriers, with the exception of outdoor seating located within a public sidewalk; (9) 4-COP-R (Beer, wine and liquor). Sale of beverages regardless of alcoholic content for consumption on the premises only in connection with a restaurant having a combined minim~lm indoor, outdoor, or combination thereof in seating capacity of not less than eleven (11) seats and a combined gross sales of the business operation is more than fifty-one (51) percent attributable to the sale of food and non-alcoholic beverages, during any semi-annual period. Where outdoor seating is utilized to satisfy the seating requirement, the area of such seating shall be clearly delineated by fences 01. other barriers, with the exception of outdoor seating located within a public sidewalk; (10) I-COP-X (Beer). Sale of malt beverages containino alcohol of more than one (1) percent by weight for consumption on the premises only; (11) 2-COP-X (Beer aild wine). Sale of beverages containing alcohol of more than one (I) percent by weight and not more than fourteen (14) percent by weight and wines regardless of alcoholic content for consumption on the premises only;

71 (12) 4-COP-X (Beer, wine and liquor). Sale of beverages regardless of alcoholic content for consumption on the premises only; (13) 11-C (Beer, wine and liquor; Non-profit private clubs). Sale of beverages regardless of alcoholic content for coilsumption on the premises only to members and guests of members of nonprofit private clubs. For the purpose of this subparagraph. a "non-profit private club" is defined as any establishment which restricts admissions to individuals who are members of a fraternal order, private organization or other private association, which individuals may be identified by reference to a list kept by the owner or operator of such establishment and which establishment does not in any way operate or solicit a public calling or invite general members of the public to the premises to utilize the establishment and which establishment does not operate for profit; (14) 4-PGC (public golf co~irse). Beer, wine and liquor for sale or consumption from mobile carts and temporary bars on a public golf course owned and/or operated by a public entity, having at least nine (9) holes and comprised of a minimum of thirty-five (35) acres of land. The 4-PGC is not subject to the provisions of section 3-90 and section 3-70(a). Alcoholic bevera~es: Distilled spirits and all beverages containing one-half of one percent or more of alcohol by volume. Volume measurements are determined by F.S. Chapter 561. Clubhouse (alcoholic beverage): Establishment where alcoholic beverages of any type may be brought and served, but not sold, stored, kept, or maintained on the premises overnight. Alcoholic beverage sales - large venue: A commercial establishment with more than 299 person occupancy, which sells alcoholic beverages. Alcoholic beveruges sales - snzall venue: A commercial establishment with less than 300 person occupancy, which sells alcoholic bevera~es. Semi-annual report(i7zg): December 31." A period from January 1 to June 30 and from July 1 to Section 9. That "ARTICLE XXII. Reserved." is hereby amended by adding the underlined language and deleting the stricken language as follows: "ARTICLE XXII. Resewed Alcoholic Bevera~es." Section 10. That "Sec Reserved." is hereby amended by adding the underlined language and deleting the stricken language as follows:

72 "Sec Resewed Alcoholic beverage permit required. It shall be unlawful for any person or entity to sell any type of alcoholic beverage from any parcel of land within the city, unless the parcel of land has been granted a permit for the sale of alcoholic beverages, pursuant to the provisions of this chapter." Section 11. That "Sec Reserved." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec aesewe$ Specified districts with increased security requirements. (a) (b) Specified districts are the Central Business District (CBD), Channel District (CD), and Ybor City Historic District, as described in this chapter. Corlditiom for approval in the specified districts above. Whenever the subject property of an application is located within a specified district, and it is approved for alcoholic beverage sales for 1-COP, 2-COP, 4-COP, 1-COP-R, 2-COP-R, 4- COP-R, 1-COP-X, 2-COP-X, or 4-COP-X, the follow in^ conditions shall automatically be imposed: Securitv. If, at any time, the property use is a barllounge or club, as these terms are defined in this chapter, the following security shall be provided: (I) Exterior security officers consistinz of off-duty (extra-duty) sworn law enforcement officers, of a number as determined appropriate in an application to the law enforcement agency requesting the same, which number shall not be less than two (2); provided however, one (1) exterior security officer may be permitted in the event two (2) immediately adjacent establishments mutuallv utilize the same two (2) officers, and said arrangement is approved by the law enforcement agency assigning said officers. Exterior security officers shall only be required if the number of occupants exceeds two hundred fifty (250) persons. 12) Interior security personnel of a number equaling one (I) security officer per one hundred fifty (150) occupants. 13) When required, interior and exterior security personnel shall be provided seven (7) days a week." Section 12. That "Sec Reserved." is hereby amended by adding the underlined language and deleting the stricken language as follows:

73 "Sec Resewed Expiration, suspension, and revocation of approvals for alcoholic beverage sales; posting of notice for discontinuance of sales; evidence of resumption of sales. (a) Expiration, posting of notice. resumption of sales. (1) An approval for alcoholic beverage sales shall expire if alcoholic beverages sales do not occur for sixty (60) consecutive days, subject to the provisions below. 12) Postinn of notice. The property shall be posted with notice, as defined below, immediately upon a determination by the zoning administrator that the sale of alcoholic beverages has been discontinued. The posted notice shall contain at a minimum: NOTICE Pursuant to Chapter 27, City of Tampa Code of Ordinances, if no alcoholic beverages are sold for sixty (60) consecutive days beginning (date), the approval for alcoholic beverage sales for this location will automatically expire on (date). To apply for a one hundred fifty (150) day, administrative extension of time for the expiration, contact the Land Development Coordination Division, (phone number), prior to the expiration date on this NOTICE. Application for the administrative extension of time must be made prior to (date). a. The land development coordination division, no later than two (2) business days after the notice is posted, shall send a copy of the notice to the property owner, per the most recent tax roll, and the holder of the alcoholic beverage license, via certified mail. b. Within sixty (60) consecutive days of the date that the property was posted (the "posting period"), the property owner or the holder of the alcoholic beverage license shall either produce evidence of sales of resumption or request an administrative extension. If the property owner or the holder of the alcoholic beverage license does not provide any evidence or request the administrative extension within the posting period, that shall constitute the clear intention to abandon the sales of alcoholic beverages and the approval for said sales shall expire.

74 1. Eviderlce of resumption of sales of alcoholic bevera.pes. If the sale of alcoholic bevera~es has resumed within the posting period, the written notification and associated documentation as described below must be filed with the zoning administrator, prior to the expiration of the posting period. The following documentation, if applicable to the subject property, shall be submitted as evidence that the sale of alcoholic beverages has resumed: 1. A notarized "Resumption of Sales" form identifying the date alcoholic beverages sales resumed (blank forms are provided by the land development coordination division); and, The most current invoices, delivery receipts, and payments to a distributor of alcoholic beverages; and, iii. The most current records of state sales tax payments; and, iv. The most current records of electric usage, consumption, and payment of same for the property or establishment; and v. The most current records of water usage, consumption, and payment of same for the property or establishment; and vi. vii.... vm. ix. Photographs of the property or establishment that demonstrate compliance with property maintenance and structural standards in Chapter 19; and Copy of a valid and current alcoholic beverage sales license from the State of Florida; and Copy of valid and current city business tax receipt; and, Copy of valid and current occupational license. The documentation, collectively, must at a minimum demonstrate on going sales activity, the possession of a valid state and local license, and continual operation and maintenance of the property. The zoning administrator shall review and evaluate the documentation provided and

75 determine whether the sales of alcoholic beverages have administrator shall advise the property owner and the holder of the alcoholic beverage license in writing of hisher determination. While the documentation is under review, the posting period shall be tolled. 2. Administrative extension of postin2 period. The property owner or the holder of the alcoholic beverage license may apply to extend the posting period for an additional one hundred-twenty (120) days without affecting the status of the approval. Applications shall be legible and notarized, on a form provided by the land development coordination division and shall, at a minimum, include the followinp: 1. Name and address of property owner; Copy of the original ordinance grant in,^ the sales of alcoholic bevera,ges from the subject property; and, Only one (1) 120-day administrative extension may be manted bv the land develoument coordination division to extend the intial posting period. Failure to timely file a complete application shall result in the expiration of the approval for alcoholic beverage sales. The zoning administrator may consider additional administrative extensions of the intial posting period, not to exceed one hundred-eighty (180)-consecutive days per extension ~eriod. the amlicant must ~rovide evidence that sumorts an intent not to abandon the sales of alcoholic beverages as part of the application. Examples of evidence include, but are not limited to: 1. Active building permits or application for variailce or zoning approval; Active listing or contract for leasehle of property and/or business for similar use; or Active litigation involving the property and/or business. c. Exemptions. Public cultural facilities and public golf courses shall be exempt from the posting period. Alcoholic beverage sales approvals, which have been suspended pursuant to section (b) shall be exempt from the expiration provisions of this section during the period of the suspension.

76 (b ) Expiration. vol~untarv extension. (I) If a property has not been pocted pursuant to subparagraph (a) above. a propertv owner may apply to the zoning administrator for a voluntary extension of timc. not to exceed one hundred-eighty (180)-consecutive days upon the initial approval of the extension. The owner must provide evidence that supports an intent not to abandon the sales of alcoholic beverwes as part of the application. Examples of evidence include, but are not limited to: a. Active building permits or application for variance or zoning approval; b. Active list in^ or contract for leaselsale of property andlor business for similar use; or c. Active litigation involving the property and/or business. (2) If approved. the site will not be posted within the 180 extension period: however. if the circuinstances change within this period. the property may be subject to (a) above. (2) The extension may be renewed for no more than 180-consecutive days upon resubmittal and submission of additional evidence supporting (1) above. (c) Revocation and suspension of sales for cause. /I) Revocation of sales for cause. The city council, after conducting a public hear in^ as provided for in section (c) is authorized to revoke the approval to sell alcoholic beverages from propertv. In order for city council to revoke, it must determine that the property owner, holder of the alcoholic beverage license, operator of the establishment, or any agent or employee thereof, have been found to have violated or have been convicted of any one (1) or more of the following: a. Commission of an act, on or about the property, amounting to a felony under the laws of the state or the United States. For purposes of this section, the term 'on or about' shall include, but not be limited to, activities directly attributable to the approval to sell alcoholic beverages on the property, which occur on or about all adjacent sidewalks, rights-of-way and parking - areas, both

77 public and private, which patrons or employees may utilize to provide transportation to or from the property; b. The maintaining of a nuisance on the property (as said term is defined by this code or conmon law); c. En~aging in or permitting disorderly conduct on or about the property; d. Operation of the establishment in a manner that repeatedly, or on an ongoing basis, has negative secondary effects on surrounding property, including but not limited to violations of city code, ordinance or state law related to noise, parking, or trash and debris, after having received reasonable notice to terminate or correct any condition that is in violation of such code, ordinance or law; e. Failing to comply with any of the provisions of the fire prevention ordinance after having received reasonable notice to eliminate or correct any condition existing on the property that is in violation of such ordinance; f. fail in^ to comply with any of the provisions of the health and sanitation ordinances of the city, the county or laws of the state after having received reasonable notice to eliminate or correct any condition existing on the property that is in violation of such ordinances or laws; g- Conviction for selling, giving, serving or permitting to be served alcoholic beverages to persons under twenty-one (21) years of age or permitting a person under twenty-one (21) years of age to consume alcoholic beverages on such property, in accordance with state law; h. Revocation of a license for the sale of alcoholic beverages by the state department of business and professional regulation, division of alcoholic beverages and tobacco; 1. The inclusion of false information in applying for an approval to sell alcoholic beverages; 1. Conviction or withholding of adjudication or finding of delinauency of any patron of the property for underage possession of any alcoholic beverage; k. Allowing the sale of alcoholic beverages at or from an establishment, while the license for the sale of alcoholic beverages

78 is suspended by the state department of business and professional regulation, division of alcoholic beverages and tobacco. (2) Suspension or revocation for cause for conviction(s) of Section , Excessive Noise, exterior maximum sound levels; or violation(s) of specified code provisions. The city council, after conducting a public hearing as provided for in section (c), is authorized to suspend the ability to sell alcoholic beverages from property which has previously been granted an approval. In order for city council to revoke, it must determine that the property owner, holder of the alcoholic beverage license, operator of the establishment, or any went or employee thereof, have: a. Been convicted of the exterior maximum sound levels as provided for in section , excessive noise. b. Violated any part of section ; Records; semi-annual reports; revocation of "R" classification zoning. c. Violated any section of Chapter 3 or Chapter 27 - Articles XI or XXIV, any condition, limitation or restriction imposed by City Council or the zoning administrator at time of approval, or any other section of the City of Tampa Code relating to alcoholic beverages. City council may suspend the ability to sell alcoholic beverages for up to thirty (30) days for the first (lst) conviction, sixty (60) days for the second (2nd) conviction, and ninety (90) days for the third (3'" conviction. Upon the fourth (4th) or subsequent conviction, city council may consider revocation of the approval to sell alcoholic beverages. (3) For purposes of section (b), the terms "convicted" or "conviction" shall mean being found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a violation of a municipal or county ordinance or state or federal law, as provided herein. The terms "violation" or "violated" shall mean being found in non-compliance with any part of this chapter, as determined by the reviewing city department. In determining whether to suspend or revoke an approval to sell alcoholic beverages, city council shall consider: 1. The gravity of the violation; and, 2. Any actions taken by the violator to correct the violation; and, 3. Any previous violations committed by the violator.

79 Unless a public record is exempt from disclosure pursuant to F.S. Ch. 119, the owner of property shall be provided written notice of a violation by the citv. - (d) Notice to owner and licensee of intention to revoke or suspend; public hearing. Prior to revokin~ or suspending, city council shall hold a noticed public hearing. The City Clerk shall notify the owner of the property and the holder of the 5 to the property of its intention to revoke or suspend the sale of alcoholic beverages from the subject property. City Council shall grant the affected party a public hearing at a time and place to be specified in the notice and at a time not less than thirty (30) days from the date of the notice." Section 13. That "Sec Reserved." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Resewed Records; semi-annual reports; violation of "R" classification zoning requirements. (a) The property owner or the holder of the alcoholic beverage license of a business from which alcoholic beverage sales are made pursuant to an R zoning classification, as defined in section , is subiect to the following requirements: (1) The property owner or the holder of the alcoholic beverage license shall: a. Keep and maintain separate books and records on the premises from which the alcoholic beverage sales are made or provide a certified copy of the books and records to the land development coordination division within ten (10) days of the request to view said documents; b. The books and records shall be of such a nature as to accurately identify each daily sale of food and each daily sale of alcoholic beverages (i.e. pre-numbered and dated sale slips; cash register tapes or machine printouts that date and identify each sale as being food or alcoholic beverages, etc.); c. The books and records shall reflect the gross sale of food and the gross sale of alcoholic beverages for each semi-annual period of each calendar year; and,

80 d. The books and records shall reflect that the combined gross sales of the business are not less than fifty-one (51) percent attributable to the sale of food during any semi-annual period of each calendar year. (2) The property owner or the holder of the alcoholic beverage license shall: a. Submit a sworn notarized statement to the land development coordination office reflecting separately the gross sale of food, and the gross sale of alcoholic beverages made from the business for the preceding semi-annual period; and, b. The statement shall be either hand-delivered or sent via mail and postmarked on or before the thirtieth (30th) day of January and July of each year. (b) Failure to comply with any part of subsection (a) shall result in the following actions : (1) The land development coordination office shall immediately call for an inspection of the premises by the business tax division; and, The land development coordination office shall immediately issue a "notice of notice of non-compliance and late fee" to the business and property owner by certified mail, and shall impose and collect an administrative fee of five hundred dollars ($500.00) from said business. The required documentation and late fee shall be submitted and paid to the land development coordination office. Said documentation and fee shall be either hand-delivered or sent via certified mail and postmarked on or before the thirtieth (30th) calendar day following the original required due date as stated in section (a)(2)b. (c) Non-compliance with any part of this section shall be deemed a violation of this section and are subject to the provisions of section " Section 14. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part. Section 15. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 16. That this ordinance shall take effect on April 1, 2008.

81 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON MAR n8 ATTEST: ' CITY COUNCIL ' APPROVED BY ME ON MAR 3, APPROVED AS TO LEGAL SUFFICIENCY BY: PAM IORIO, MAYOR E/S JULIA MANDELL COLE SENIOR ASSISTANT CITY ATTORNEY K:/DebbielOrdmances/Chapter27/Alcohol Beverage v

82 ORDINANCE NO AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE REVISIONS TO CITY OF TAMPA CODE OF ORDINANCES, CHAPTER 3 (ALCOHOLIC BEVERAGES); AMENDING SECTIONS 3-1, TITLE; 3-2, ALCOHOLIC BEVERAGE ZONING REQUIRED; 3-3, REGARDING NONCONFORMING USES; 3-4, REGARDING PRIOR EXISTING CLUBHOUSES ; 3-2 1, DEFINITIONS; , CONDITIONS FOR APPROVAL IN THE DOWNTOWN TAMPA, YBOR CITY HISTORIC DISTRICT, AND CHANNEL DISTRICT AREA; 3-50, FEES; 3-51, APPLICABILITY; 3-52, REGARDING PETITIONS FOR ZONING FOR SALE OF ALCOHOLIC BEVERAGES; 3-53, REGARDING TEMPORARY WETZONINGS; 3-54, REGARDING SIDEWALK CAFES; 3-60, REGARDING NOTICE; 3-70, GENERAL GUIDELINES; 3-72, PETITIONER, REPRESENTATIVE TO APPEAR AT HEARING; 3-73, REGARDING COUNCIL IMPOSED CONDITIONS; 3-74, REGARDING REMOVAL OF CONDITIONS; 3-75, PETITIONER, REPRESENTATIVE TO APPEAR AT HEARING; 3-76, REGARDING CONDITIONAL ("C") ZONING; 3-80, REGARDING "R" CLASSIFICATIONS ; 3-90, REGARDING DISCONTINUANCE OF SALE; 3-91, REGARDING REVERSION TO DRY STATUS; 3-100, REVOCATION AND SUSPENSION FOR CAUSE; , REGARDING NOTICE OF INTENTION TO REVERT PROPERTY TO DRY; , BOTTLE CLUBS; AND , CLUBHOUSES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tampa directed the Land Development Coordination division to complete the fo-llowin amendments to Chapter 3, Code of Ordinances; WHEREAS, the regulations regarding the location of the sale of alcoholic beverages have been adopted in Chapter 27, City of Tampa Code; WHEREAS, the Tampa City Council conducted a public hearing on this ordinance and made a finding that it is consistent with the Tampa Comprehensive Plan; WHEREAS, the City Council of the City of Tampa has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Tampa; and, Z FILENAME Chap 3 Comp Chgs v7

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86 Section 4. That "Article V. WET ZONING."; "Sec Fees."; "Sec Applicability."; "Sec Petition for zoning of lot, etc., for sale of alcoholic beverages--information required; zoning classifications; deposit."; "Sec Temporary classification for permitted nonprofit organizations."; and "Sec Sidewalk cafes; petition for sale of alcoholic beverages; information required; notice required." are hereby amended by adding underlined language and deleting the stricken as follows: "ARTICLE V. AWKZWWG RESERVED.

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89 (2:.. &z City cf TampaAwJ-d th- C.. fer -1 l l i f L, athshed.. C

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94 Section 5. That "Article VI. NOTICE REQUIREMENTS." and "Sec Public notice requirements." are hereby amended by adding the underlined language and deleting the stricken language as follows: "ARTICLE VI. RESERVED.

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97 Section 6. That "Article VII. GUIDELINES."; "Sec General guidelines."; "Sec Petitioner, representative to appear at hearing."; "Sec Council imposed conditions; failure to comply; revocation of alcoholic zoning classification for noncompliance; notice and public hearing requirements."; "Sec Removal of conditions; procedure."; "Sec Petitioner, representative to appear at hearing."; and "Sec Conditional ("C") Zoning Classifications." are hereby amended by adding the underlined language and deleting the stricken language as follows: "ARTICLE VII. RESERVED.

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104 Section 7. That "Sec Records; semi-annual reports; violation of "R" classification zoning requirements." is hereby amended by adding the underlined language and deleting the stricken language as follows: "Sec Reserved. 0I I I*

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106 Section 8. That "ARTICLE IX. DISCONTINUANCE OF SALE OF I ALCOHOLIC BEVERAGES FOR SPECIFIED PERIODS OF TIME; EFFECT ON ZONING; EXCEPTIONS; EXTENSIONS."; "Sec Sale of beverages after discontinuance for specified period prohibited; posting of notice; extension granted by land development coordination division; extension granted by city council; public notice requirements."; and "Sec Reversion of property to dry status- Generally; exception." are hereby amended by adding the underlined language and deleting the stricken language as follows: "ARTICLE IX. RESERVED. W Sec Reserved. 0

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113 Section 9. That "ARTICLE X. REVOCATION OF WET ZONING."; "Sec Revocation and Suspension for cause."; "Sec Notice to owner or licensee of intention to revert property; public hearing."; and "Sec Reapplication for wetzoning." are hereby amended by adding the underlined language and deleting the stricken language as follows:

114 IS 0s 6P 8P LP 9P SP PP EP ZP IP OP 6E 8 E LE 9 'i SE P'i 'i E z 'i I 'i 0 'i LZ 9Z S Z PZ EZ ZZ 1 Z OZ 61 8 I L S I PI E I ZI I I 0 I 6 8 L 9 5 P E Z I

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116 Sec Reserved Sec Section 10. That "ARTICLE XI. BOTTLE CLUBS."; "Sec Definition."; "Sec Application of other sections of this chapter."; "Sec City license required."; "Sec Bottle club as defined unlawful unless operated under State of Florida beverage license."; "Sec Petition; information required; deposit."; "Sec Chief of police shall file recommendation regarding approval or disapproval of petition."; and "Sec Public hearing notice requirements." and "Sec Revocation; public hearing." are hereby amended by adding the underlined language and deleting the stricken language as follows: "ARTICLE XI. RESERVED... Sec Reserved. Z3e&&+m Sec Reserved...

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119 Section 11. That "ARTICLE XII. CLUBHOUSES."; "Sec Definition."; "Sec Application of other sections of this chapter."; "Sec Sale of alcoholic beverages prohibited; presence of beverages overnight prohibited."; "Sec License required."; "Sec Exemptions and prohibitions." "Sec Petition; information required; deposit."; "Sec Chief of police shall file recommendation regarding approval or disapproval of petition."; "Sec Public hearing notice requirements."; and "Sec Revocation; public hearing." are hereby amended by adding the underlined language and deleting the stricken language as follows: "ARTICLE XII. RESERVED. Sec Reserved... Sec Reserved...

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