The County Administrator or designee shall administer and enforce all provisions of this division. Any designee of the County Administrator shall be established in writing. The applicant may proceed to other applicable development review, such as concurrency, environmental or building permitting. Authority for implementation of review levels and determination of allowable and permitted uses is granted to the County Administrator or designee.

(Code 1992, § 10-6.201; Ord. No. 07-20, § 2, 7-10-2007)

(a)

Generally. No building, sign, or other permit, certificate, license, or other document of approval, the use of which may be subject to the provisions of this division, shall be issued by any department, agency, or board of the county until the County Administrator or designee has certified that the use to be made of the permit, certificate, license, or other document is in compliance with the provisions of this division and other appropriate ordinances.

(b)

Building permit. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the County Administrator or designee. No building permit shall be issued by the County Administrator or designee except in conformity with the provisions of this division unless he receives a written order from the board of adjustment and appeals in the form of an administrative review or a variance.

(c)

Certificate of occupancy. It shall be unlawful to use or occupy, or to permit the use or occupancy of any building or premises or both, or part of such building or premises created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure after May 1, 1992, until a certificate of occupancy stating that the proposed use of the building or land conforms to the requirements of this division has been issued therefor by the County Administrator or designee.

(d)

Plans required. Unless furnished with the application for a building permit, each application for a certificate of occupancy shall be accompanied by a site plan, in duplicate and drawn to scale, showing the locations and dimensions of existing and proposed structures with supporting open facilities, the ground area to be provided and continuously maintained for the proposed structure or structures. The application shall include such other information as lawfully may be required by the County Administrator or designee, including existing or proposed uses of the building and land, the number of dwelling units the building is designed to accommodate, and such other matters as may be necessary to determine conformance with the requirements of this division. One copy of the plans shall be returned to the applicant by the County Administrator or designee, after such copy is marked either as approved or disapproved and attested to such approval or disapproval by signature on such copy. One copy of the plans, similarly marked, shall be retained by the County Administrator or designee.

(Code 1992, § 10-6.202; Ord. No. 07-20, § 2, 7-10-2007)

(a)

The County Administrator or designee shall enforce this division with the assistance of the County Attorney and such other persons as the Board of County Commissioners may direct.

(b)

If the County Administrator or designee finds that any of the provisions of this division are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The County Administrator or designee shall order the discontinuance of illegal uses of land, buildings, or structures; the removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this division to ensure compliance with or to prevent violation of its provisions. All expenses, including attorney fees, associated with required remedial action shall be the obligation of the party in violation.

(c)

Whenever a violation of this division occurs or is alleged to have occurred, any person may file a written complaint. Such a complaint, stating fully the causes and basis thereof, shall be filed with the County Administrator or designee, who shall properly record the complaint, investigate it, and take appropriate action.

(d)

The County Administrator or designee shall take such action authorized by law to insure compliance with or to prevent violation of this division.

(e)

The owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains violations of this division may each be found guilty of a separate offense and suffer the penalties provided in this code or state statutes.

(f)

Nothing contained in this division shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation.

(g)

The Board of County Commissioners shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or to any person using the land, building, or premises where such violation has been committed or shall exist.

(h)

The following shall apply to building permits and certificates of occupancy and use:

(1)

No building permit or certificate of occupancy and use shall be issued by the county for any purpose except in compliance with the provisions of this division and other applicable ordinances and laws.

(2)

The county may revoke a building permit or certificate of occupancy and use in those cases where determination has been duly made that false statements or misrepresentations existed as to material fact in the application or plans upon which the permit or certificate was based.

(3)

The county may suspend a building permit or certificate of occupancy and use in those cases where determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval.

(4)

A new permit or certificate may be issued in place of the suspended permit or certificate after correction of the error or omission.

(i)

All county decisions concerning the issuance, revocation, or suspension of a building permit and the use as well as decisions pertaining to administrative interpretations of this division shall be stated in official written notice to the permit applicant. Any decision may be appealed to the board of adjustment and appeals.

(Code 1992, § 10-6.203; Ord. No. 07-20, § 2, 7-10-2007)

(a)

The Board of County Commissioners shall establish by resolution a schedule of fees, charges, and expenses and a collection procedure for all certificates, permits, appeals, applications, and other matters pertaining to this code. The schedule of fees shall be posted in the offices of the department of development support and environmental management and the planning department, and may be altered or amended by resolution of the Board of County Commissioners.

(b)

No time period for other process activities that would otherwise apply shall commence unless and until all applicable fees, charges, and expenses have been paid in full.

(c)

The County Administrator or designee is authorized to refund any portion of a fee or charge for which the county has not incurred an expense if any application, appeal or other matter is withdrawn by an applicant prior to final action by the entity with authority to act upon such application, appeal, or other matter pursuant to this division.

(d)

The County Administrator or designee shall make refunding decisions associated with development proposals under the department's purview.

(Code 1992, § 10-6.204; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 14-10, § 17, 6-10-2014)

(a)

Official zoning map.

(1)

The county is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matters thereon, is hereby expressly adopted by reference and declared to be a part of this division.

(2)

As changes are made in district boundaries or in other matters portrayed on the official zoning map, such changes shall be entered upon the official zoning map only after the amendment adopting such changes has been adopted and has become effective. Changes in zoning classification from one zoning district to another may occur without amendment of the future land use map, unless such changes in zoning classification are inconsistent with the then-existing future land use map of the Comprehensive Plan, as amended.

(b)

Procedure for official zoning map amendment.

(1)

Amendments to the official zoning map (which is on file in the office of the Tallahassee-Leon County Planning Department) may be initiated by:

a.

The Board of County Commissioners.

b.

The planning commission.

(2)

Amendments to the official zoning map with respect to a specific parcel or parcels may also be initiated by an owner of the subject property or legally designated agent. Amendments to the official zoning map with respect to an area that includes multiple parcels in separate ownership may be initiated only with the consent of all the involved property owners, or the planning commission, or the Board of County Commissioners.

(3)

No recommendation for change or amendment to the official zoning map shall be considered by the planning commission until appropriate notice has been given of any public hearing. Notice of the public hearing shall be in accordance with this division, the bylaws of the planning commission, and applicable state statutes. In the case of a request for an amendment to the official zoning map, additional notice of the public hearing shall be given at least 15 calendar days in advance of the hearing by one publication in a newspaper of regular and general circulation in the county. In cases involving 30 or few contiguous parcels of land, additional written notice shall be mailed to the current address of each property owner involved and to owners of property within 1,000 feet of the parcels proposed to be rezoned.

(4)

The planning commission shall consider all amendments to the official zoning map under the informal quasi-judicial procedures set forth in the bylaws of the planning commission unless a petition for formal quasi-judicial proceedings is invoked pursuant to the provisions of division 7, article VII of this chapter and the procedures set forth in the planning commission bylaws.

(5)

Within 45 calendar days after the close of the public hearing, the planning commission shall transmit a written report of its findings and recommendation to the Board of County Commissioners.

(6)

The Board of County Commissioners shall schedule a public hearing to consider the request for rezoning and the recommendation of the planning commission based upon schedules, which may be established by the Board of County Commissioners.

(7)

The Board of County Commissioners shall conduct a public hearing and receive public comment. Documentary evidence submitted by noon on the Friday preceding the week of the scheduled public hearing by the applicant or interested parties shall be considered by the Board of County Commissioners and made a part of the record. Documentary evidence submitted after the aforementioned deadline shall not be considered by the Board of County Commissioners nor made a part of the record. For the purposes of this section, documentary evidence shall mean evidence in a physical or digital form, including, but not limited to, expert reports, photographs, documents, affidavits, memoranda, graphs/charts, maps, aerial photographs, and surveys.

(8)

No proposal for a zoning district change or amendment affecting particular property or properties shall contain conditions, limitation or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned.

(9)

Within 30 calendar days after the effective date of an amendment to the Comprehensive Plan affecting a particular property or properties which specifically requires a change in zoning classification to a ensure consistency of the official zoning map with the Comprehensive Plan, the Board of County Commissioners shall initiate an amendment of the official zoning map to reflect a zoning designation for the particular property or properties consistent with the Comprehensive Plan. For the purposes of these particular official zoning map amendments, the planning commission's consideration shall be deemed met as a result of their review, if sitting as the local planning agency, of the future land use map amendment so long as the notice requirements provided above were met.

(10)

Public notice and hearing of the amendment by the Board of County Commissioners shall be in accordance with the requirements of the law.

(11)

The application of an owner for a change or amendment to the official zoning map shall include the following:

a.

Proof of ownership.

b.

A recorded deed description or a legal description of the property involved, which if the property is not in a recorded, platted subdivision is prepared by a state registered surveyor and mapper.

c.

A map of the property at a scale of one inch equals 200 feet, or such other scale as may be required by the County Administrator or designee.

d.

An environmental analysis as required pursuant to the Environmental Management Act is optional.

e.

Either a concurrency certification or affidavit waiving concurrency requirements as prescribed in the concurrency regulations.

(12)

Unauthorized changes in zoning map prohibited. No changes of any nature affecting property shall be made in the official zoning map or any matter shown thereon except in conformity with the procedures and requirements of this division and/or other applicable law. It shall be unlawful for any person to make any unauthorized change in the maps or official zoning atlas. Any violation of this provision shall be punishable as otherwise provided by law.

(13)

Considerations for the review of the zoning map amendment applications. With the exception of PUD or DRI applications which are set forth in sections 10-6.696 and 10-6.697, in their review of zoning map amendment applications, the Board of County Commissioners shall include consideration of the following factors:

a.

Comprehensive Plan. Whether the proposals is consistent with all applicable policies of the county's adopted Comprehensive Plan.

b.

Conformance with this division. Whether the proposal is in conformance with any applicable substantive requirements of this division, including minimum or maximum district size.

c.

Changed conditions. Whether and the extent to which land use and development conditions have changed since the effective date of the existing zoning districts regulations which are relevant to the property.

d.

Land use compatibility. Whether and the extent to which the proposals would result in any incompatible land uses, considering the type and locations of uses involved.

e.

Other matters. Any other matters which the Board of County Commissioners may deem relevant and appropriate. The Board of County Commissioners may adopt by resolution additional rezoning criteria that are applicable to one or more zoning districts.

(Code 1992, § 10-6.205; Ord. No. 07-20, § 2, 7-10-2007; Ord. No. 08-04, § 1, 2-26-2008; Ord. No. 2018-11, § 1, 6-19-2018)

The application of the owner for a change or amendment to the official zoning map shall include the following:

(1)

Proof of ownership.

(2)

A legal description of the property involved prepared by a state registered land surveyor.

(3)

A map of the property at a scale one inch equals 200 feet, or such other scale as may be required by the County Administrator or designee.

(4)

An environmental analysis as required per article IV of this chapter.

(5)

Either a concurrency certificate or affidavit waiving concurrency requirements as prescribed in article III of this chapter.

(Code 1992, § 10-6.206; Ord. No. 07-20, § 2, 7-10-2007)