1.Alcoholic Beverage Use Permits – Conditional Use Versus Special Use

By: Isabelle A. Albert, Senior Planner Planning and Zoning Services Division

Establishments in Hillsborough County that wish to serve or sell alcoholic beverages are required to obtain an Alcoholic Beverage Development Permit.  The regulations governing the sale and consumption of alcoholic beverages can be found in Section 06.11.11 of the Land Development Code. The intention of the Land Development Code is to permit the sale and consumption of alcohol within certain commercial, industrial, and mixed use zoning districts.  The exception to this law is for golf courses, social clubs, and bottle clubs, whose uses are allowed in all zoning districts, with restrictions described in the Code.
An owner, lessee, or tenant who desires to have any lot, plot, or tract of land used for sale or public consumption of alcoholic beverages in unincorporated Hillsborough County needs to obtain an Alcoholic Beverage Development Permit either by applying for a Conditional Use or a Special Use.

The applicant first needs to determine the type or classification of Alcoholic Beverage Development Permit required.  Classifications are found in the Land Development Code, Section 6.11.11.C.  These are generally defined with a number and suffix (2-COP, 4-COP-X, etc).  The number usually represents the type of alcohol, with 1 being for beer, 2 for beer and wine, and 3 and 4 are for beer, wine, and liquor.  The suffix letters also represent the method in which the consumption or sale is being made.  APS and PS are for items being sold in sealed containers only for consumption off the permitted premises.  For example, a 2-APS classification is for gas stations or pharmacies.  COP denotes items to be sold and consumed on and off the permitted premises.  Such locations sell the alcohol, but also hold tastings or allow consumption on-site.  For example, if a supermarket sells all types of alcohol and also has cooking classes once a month which serve wine, a 4-COP Alcoholic Beverage Development Permit is required.   Another example is COP-X, which is for items being sold and consumed on the permitted premises only, whereas the COP-R classification is for items being sold and consumed on and off the permitted premises, in connection with a restaurant.

Each of the above classifications must meet minimum distance separation requirements in the Land Development Code, Section 6.11.11.D.2, 3, and 4.  The distance separation requirements are set from certain community uses (i.e.: church, daycare, etc.) and from residential zoned properties.  Additionally, depending on the classification, there can be no more than three already approved Alcoholic Beverage Development Permits of the same classification within 1,000 feet of the new permit being requested. 

A wet-zone survey, which is a scaled survey of the area, is required with an application in order to show whether or not the minimum distance separation is met or exceeded.   If the distance separation is found to have been met or exceeded, the review procedure for the permit would be a Conditional Use application.  If it is not met or exceeded, the review procedure would be a Special Use application. 

A Conditional Use application is reviewed administratively, and the review period is 30 business days for a fee of $224.00.  A copy of the application can be printed from the Hillsborough County web site.

In the event that the wet-zone survey indicates that the distance separation is not met, the applicant will have the right to apply for a waiver of the proximity requirements.  This waiver will be considered by a Land Use Hearing Officer through a public hearing (Special Use) process.

In order to obtain approval of a waiver, the applicant must establish that there are special or unique circumstances where the alcoholic beverage use does not have significant impacts on surrounding land uses and certain circumstances negate the necessity for the distance requirement.

The average Special Use review time, from the application deadline to the hearing, is approximately two months.  The Land Use Hearing Officer has 15 working days to render the decision.  The fee for a Special Use is $1,566.50 and a copy of the application can be obtained on the Hillsborough County web site.
Call the Planning & Zoning Division staff at (813) 277-1630 to schedule an appointment to file an application or for more information.

Planning & Zoning Division Webpage

2. Changes in Building Permit Application Requirements

Beginning on June 1, the Building Services Division will fully implement recent amendments to the Land Development Code (LDC) that will affect the current practice of Building Permit Application acceptance.  In a nutshell, Building Permit Applications that have an associated Site or Subdivision review will be required to have the respective Construction Plan approval and all required “check list” items completed (excepting Model Homes).  This level of completion is identified when an applicant has and submits the Site or Subdivision approval letter and Construction Plans that are stamped in red “Building Services Division Copy”.  Additionally, any required public and/or private Improvement Facilities must be completed or financially secured as stipulated in the affected LDC sections noted below.

The recent LDC changes were driven by a number of factors including:

• Failure to complete required public infrastructure improvements prior to the time that on-site improvements were completed.  In such cases, businesses stood ready to open and residents waited to occupy approved dwelling units without the completion of required improvements related to operations or concurrency. 
• Supplemental Plans Examination was always required for those sites that were submitted “prematurely” to ensure the structure foot print, elevation and related items were the same as originally reviewed. 
• Failure to submit all required checklist items to complete the horizontal construction plan approval process resulting in a significant backlog of site and subdivision approvals and Building Permit Applications awaiting action.