Starting or Expanding a Business on Property in Tampa? Time to Consider Land Use and Zoning Regulations
Tampa’s significant market growth draws investment and talent at record rates, making it one of the most attractive places in Florida, if not the United States, to do business. But starting or expanding a business in Tampa involves a wide range of factors that need to be addressed outside of the product or service itself. These include insurance, site improvements, permitting, staffing, marketing and the list goes on. The learning curve can be steep, especially for first-time entrepreneurs.
One area that is often overlooked is compliance with a property’s approved land use, which requires careful consideration of local zoning laws and regulations. Local code enforcement agencies can impose fines of up to $500 per day for violations. And bringing a property into compliance can be an expensive endeavor, especially if compliance requires moving or removing permanent fixtures or structures. Each local government has their own land use regulations—from incorporated cities such as St. Petersburg, Clearwater and Newport Richey to unincorporated Hillsborough, Pinellas and Pasco counties. And each local government’s land use regulations vary in complexity and specificity.
This alert focuses on key land use matters businesses in the City of Tampa should consider before opening up shop.
Planning and Zoning Districts
Broadly, zoning laws are designed to control land use and development. Cities and counties use zoning to ensure that businesses operate in suitable areas and that the city or county’s character is preserved. Within the City of Tampa, that is implemented through the city’s Land Development Code in Chapter 27 (LDC) of the Tampa Code of Ordinances and the Tampa Comprehensive Plan.
In Florida, two sources of law primarily govern land use: a local government’s comprehensive plan (often referred to as a “comp plan” for short) and its zoning ordinances. Comp plans are long-term growth management plans. They must include a future land use element, which divides the local government’s land area into various future land use planning categories. Each category defines requirements such as the land’s permitted uses and the maximum amount that can be built per acre (the “density” for residential uses or the “intensity” for nonresidential uses). Tampa adopted the “Imagine 2040 City of Tampa Comprehensive Plan” in 2016.
Tampa, like most municipalities, is further divided into various zoning districts, each with specific regulations regarding land use. These include single-family residential districts, multiple-family residential districts, office districts, commercial districts, industrial districts, the central business districts, and more as seen in Sec. 27-156 of the LDC. These zoning regulations implement the comp plan’s long-term planning. Zoning regulations not only dictate permitted property uses, but also govern how the property can be developed. Zoning regulations establish items such as the minimum lot area requirements, maximum building height, setbacks, parking requirements, allowable signage and landscaping.
Tampa, as a city with a rich history, takes land use regulation one step further. There are also planning districts under the Tampa Comprehensive Plan such as Central Tampa, Westshore, University, New Tampa and South Tampa identified in Sec. 27-20 of the LDC, special districts such as the Ybor City Districts and Seminole Heights Districts identified in Art. III, Division 2, of the LDC, which are subject to additional or differing regulations. Many of these districts also have unique architectural requirements that businesses need to consider before building or remodeling.
Property Uses
Each zoning district has a list of permitted uses and conditional uses. For instance, a daycare could be permitted in a commercial district. There are also permitted accessory uses and special uses requiring the review of the zoning administrator or Tampa City Council. Table 4-1 of the LDC contains a list of permitted uses by zoning classification. Some uses may be permitted in a property’s zoning classification by special use. For example, any business that involves the sale of alcohol for on- or off-premises consumption will almost always require a special use permit.
Other Compliance Considerations
Outside of a local government’s zoning and land use requirements, there are a number of other compliance considerations businesses should take into account. For example, in the City of Tampa, this includes compliance with building permitting requirements as seen in Chapter 5 of the code, as well as business operating permitting and occupational tax licensing as seen in Chapter 6 of the code. Beyond those items, there can be additional local, state and federal permitting and compliance requirements specific to a business’s industry. Given the varying degrees of penalties and enforcement actions that can accrue for non-compliance, it is important for every business owner to understand:
- What regulations are at issue for the property and the business itself?
- What steps must be taken to adhere to these regulations before potential problems arise?
Reminders for Business Owners
Failing to consider the land use, zoning and other regulations governing your property and business can be costly and time-consuming. But by keeping these regulations top of mind, businesses can avoid common pitfalls and, if needed, move toward rezoning or future land use changes to meet their business goals.
Please contact Chad Davis, Christopher Berg or any member of Phelps’ business team with questions or for advice and guidance.
