This article shall officially be known and may be cited as the "Zoning Code of Leon County."

(Code 1992, § 10-6.101; Ord. No. 07-20, § 2, 7-10-2007)

(a)

Interpretation. The provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare except as specifically provided herein. This article shall be construed broadly to promote the purposes for which they are adopted.

(b)

Conflict with other provisions. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.

(c)

Severability. If any part or provision of this article or the application of this article to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment is rendered and it shall not affect or impair the validity of the remainder of this article or the application of such part or provisions to other persons or circumstances. The Board of County Commissioners hereby declares that it would have enacted the remainder of this article even without any such part, provision, or application which is judged to be invalid.

(Code 1992, § 10-6.103; Ord. No. 07-20, § 2, 7-10-2007)

(a)

It is the policy of the county to permit development of land that is consistent with and in conformance with the goals, objectives, and policies established in the Comprehensive Plan through the use of this article.

(b)

The official zoning map districts shall be consistent with the land uses as depicted on the adopted future land use plan map of the Comprehensive Plan.

(c)

No development of land shall be permitted unless in compliance with the concurrency requirements as established in article III of this chapter.

(d)

This article shall complement and be coordinated with the enforcement of the provisions and standards contained in building and housing codes, the provisions of articles IV and VII of this chapter, and other related and applicable codes.

(e)

The implementation and interpretation of this article shall be governed by the policies stated in the Comprehensive Plan.

(Code 1992, § 10-6.104; Ord. No. 07-20, § 2, 7-10-2007)

This article is adopted for the following purposes:

(1)

To guide the future growth and development of the county in accordance with the Comprehensive Plan.

(2)

To bring about an orderly transition from the prior Comprehensive Plan and zoning code to the Comprehensive Plan.

(3)

To protect and provide for the public health, safety and general welfare of the county.

(4)

To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent overcrowding of the land.

(5)

To protect the character and to encourage the orderly and beneficial development of the county.

(6)

To protect and conserve the value of land, buildings and improvements and to minimize conflicts among uses of land and buildings.

(7)

To divide the county into districts and to regulate the construction, reconstruction, alteration and use of buildings, structures, and land for uses and types as identified in the Comprehensive Plan.

(8)

To establish quantitative and performance standards to regulate the location, bulk, height and placement of buildings and structures.

(9)

To provide for open spaces and to encourage conservation and the preservation of environmentally significant lands through regulations and creative site planning.

(Code 1992, § 10-6.105; Ord. No. 07-20, § 2, 7-10-2007)

This article is enacted pursuant to the requirements and authority of F.S. § 163.3202, and the general powers in F.S. ch. 125.

(Code 1992, § 10-6.106; Ord. No. 07-20, § 2, 7-10-2007)

Except as specifically provided in this article, the provisions established in this article shall apply to all development in the county, and no development shall be undertaken without prior authorization pursuant to this article.

(Code 1992, § 10-6.107; Ord. No. 07-20, § 2, 7-10-2007)

(a)

The regulations established by this article shall be minimum regulations, except as specifically provided in this article.

(b)

No development, structure, or land shall be used or occupied, and no building or structure or part thereof shall hereafter be erected, altered, or moved except in conformity with all of the provisions in this article specified for the district in which it is located.

(c)

No part of a yard or other open space, or off-street parking or loading space required by or in connection with any development for the purpose of complying with this article shall be included as part of a yard, open space, or off-street parking or loading space for any other building, with the exception of shared parking as approved pursuant to subdivision 3, division 5, article VII of this chapter.

(Code 1992, § 10-6.108; Ord. No. 07-20, § 2, 7-10-2007)

(a)

Purpose and procedure. If, as a result of any proposed, pending, or completed taking by a governmental or private entity with the power of eminent domain, by either negotiation or condemnation, any existing lawfully established building areas, vehicular use areas, or signs would or have, but for this section, become nonconforming or further nonconforming with any of the development standards of this chapter upon such taking, the following provisions shall apply:

(1)

Any existing lawfully established building areas, vehicular use areas, or signs which are not within the part taken but, because of the taking, do not comply with any development standard of this chapter, shall not be required to be reconstructed to meet such development standards and to the extent they were conforming, legally nonconforming, vested, or otherwise legal before the taking, such building areas, vehicular use areas, and signs shall remain so after the taking;

(2)

Any existing lawfully established building areas, vehicular use areas, or signs taken either totally or partially may be relocated on the remainder of the site without the altered site being required to comply with any development standard of this chapter; provided, however, that, in configuring the relocation of such improvements on the remainder, any deviation from such development standard shall be allowed only to the extent necessary, in the determination of the County Administrator or designee, to maintain the utility or use of such improvements that existed before the taking. To the extent they were conforming, legally nonconforming, vested, or otherwise legal before the taking, such building areas, vehicular use areas, and signs shall remain so after being relocated to the remainder;

(3)

Any lawfully established nonconforming improvements, other than one-family or two-family residential buildings, on remainders exempted according to subsections (1) and (2) of this section which are thereafter damaged or destroyed, other than by voluntary demolition, to an extent that would allow repair, maintenance, remodeling, or reconstruction with a cost of less than or equal to 50 percent of the value of the improvements at the time of such damage or destruction, may be so repaired, maintained, remodeled or reconstructed but only to the pre-damage or pre-destruction size and location; and, in the case of voluntary demolition, no rights of restoration are conferred except in compliance with the then existing applicable standards of this chapter; and

(4)

In order to secure the exemptions in subsections (1) and (2) of this section, either the condemning authority, or any owner, or any tenant, shall apply in writing by filing an application with the County Administrator or designee for a determination that the granting of the exemption will not or does not result in a condition dangerous to the health, safety, or welfare of the general public. The applicant shall serve notice of the filing of the application and a copy of the application to all concerned parties involved in the negotiation or condemnation of the parcel, in person or by first class mail. Nonapplicant parties may file responses to the application within 15 working days of service of the notice. The County Administrator or designee shall, within 30 working days of the filing of the application, determine whether or not the exemption from the development standards granted by this section will endanger the health, safety, or welfare of the general public. If the County Administrator or designee determines that the granting of an exemption requested under this article will not or does not constitute a danger to the health, safety, or welfare of the general public, the County Administrator or designee shall issue a certificate of exemption to the applicant granting the exemption with or without conditions, and notify all parties thereof. The certificate of exemption shall specify the details of the exemption and be executed in a form recordable in the public records of the county.

a.

If the application is denied, the County Administrator or designee shall issue a signed letter to the applicant specifying the specific health, safety, or welfare ground upon which the denial is based.

b.

If the County Administrator or designee fails to issue a certificate of exemption within 30 working days from the filing of the application, the applicant may bring the application before the planning commission at the next meeting of the planning commission occurring next after the expiration of 30 working days from the filing of the application with the County Administrator.

(5)

The determination of the County Administrator or designee will become final 15 calendar days after it is rendered unless a person who qualifies as a party as defined in division 7, article VII of this chapter at files a petition for formal proceedings before the planning commission together with the filing fee within this time period in accordance with division 7, article VII of this chapter and the bylaws of the Tallahassee-Leon County Planning Commission.

(6)

No fee shall be required for any application under this section, however, a filing fee will be required for appeals as provided in division 7, article VII of this chapter and the bylaws of the Tallahassee-Leon County Planning Commission.

(Code 1992, § 10-6.109; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 09-27, § 1, 8-25-2009)

In the event that any question arises concerning the application of regulations, design standards, definitions, development criteria, or any other provisions of these zoning, site and development plan and subdivision regulations of this chapter, the County Administrator or designee shall be responsible for interpretation and shall utilize the Comprehensive Plan for guidance. Responsibility for interpretation by the County Administrator or designee shall be limited to standards, regulations, and requirements of this chapter and shall not be construed to include interpretation of other ordinances or codes, unless specifically provided therein, nor be construed as overriding the responsibilities given to the Board of County Commissioners, nor any commission, board, or official named in other sections or articles of this chapter to which the interpretive responsibilities and duties are delegated elsewhere in this code.

(Code 1992, § 10-6.110; Ord. No. 07-20, § 2, 7-10-2007)

(a)

Previously issued development permits. The provisions of this section shall not affect the ability of any lawfully issued and effective development order if:

(1)

The development activity authorized by the permit has been commenced prior to the effective date of the ordinance from which this article is derived, or commence after the effective date of the ordinance from which this article is derived but within six months after the issuance of a building permit; and

(2)

The development activity once begun continues without abandonment and is continuing in good faith until the development is complete. Once a development permit expires, any further development on a permitted site shall occur only in conformance with the requirements of this chapter.

(b)

Previously approved final development orders. Projects with final development orders that have not expired as of May 1, 1992, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this chapter.

(c)

Projects vested from the Comprehensive Plan. Projects vested from the concurrency and consistency requirements of the Comprehensive Plan (as to intensity and density) as provided in article II of this chapter shall conform with the requirements of this article only in the instances where such projects do not meet the requirements of subsections (a) and (b) of this section, but only to the extent that such conformance does not impair the concurrency and consistency (as to intensity and density) vested rights of such projects.

(d)

Current review. Any and each application currently under review as of May 1, 1996, for minor, moderate or major site and development plan review under the provisions of article VII of this chapter as those provisions existed on April 30, 1996, may at the applicant's option, and upon filing of a letter of request with the County Administrator or designee, either:

(1)

Continue review under the provisions of article VII of this chapter as such provisions existed on April 30, 1996; or

(2)

Be reviewed and approved by the DRC or other appropriate authority as identified under the provisions of section 10-7.402 upon the payment of applicable fees, the announcement of such election at the DRC meeting, and compliance with any applicable public notice provisions indicating that the applicant has made this election.

(e)

Applications for development and development orders for developments in mixed use districts. This section applies to those applications for a final development order and developments with final development orders which were issued by the county within a mixed use A, B, or C site specific zoning district prior to January 1, 1997. Developments with final development orders that have not expired and were approved from March 1, 1992 to June 1, 1997, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the final development order was originally approved, must meet only the zoning requirements in effect when the development was approved. If the development order expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this chapter. A project which has filed an application which the county determines complete prior to April 1, 1997, for a final development order and which obtains approval for such application within the time frame specified in the applicable ordinance or code, and the project proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements in effect when the application was filed.

(f)

Applications for development and development orders in the Bradfordville-Mixed Use A overlay district. This section applies to those applications for final development orders and developments with final development orders which were issued by the county within the Bradfordville-mixed use A overlay district prior to November 20, 1998. Developments with final development orders that have not expired and were approved from March 1, 1992, to November 20, 1998, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the final development order was originally approved, must meet only the zoning requirements in effect when the development was approved. If the development order expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this chapter. A project which has filed an application with the county determines complete prior to November 20, 1998, for a final development order and which obtains approval for such application within the time frame specified in the applicable ordinance or code, and the project proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements in effect when the application was filed.

(g)

Applications for development and development orders for developments in the mixed use A zoning district. This section applies to those applications for a final development orders which were issued by the county within the mixed use A zoning district prior September 25, 1998. Developments with final development orders that have not expired and were approved from March 1, 1992, to September 25, 1998 and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the final development order was originally approved, must meet only the zoning requirements in effect when the development was approved. If the development order expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this chapter. A project which has filed an application which the county determines complete prior to September 25, 1998, for a final development order and which obtains approval for such application within the time frame specified in the applicable ordinance or code, and the project proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements in effect when the application was filed.

(Code 1992, § 10-6.111; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 17-01, § 3, 1-24-2017)

This article is not intended to repeal, abrogate, or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the county.

(Code 1992, § 10-6.112; Ord. No. 07-20, § 2, 7-10-2007)