The zoning officer(s) shall be the designated authority charged with the administration and enforcement of this article. The zoning officer(s) shall be appointed by the city manager. The zoning officer(s) also serves as the staff advisor to the city council, planning and zoning commission, board of adjustment, city staff, and citizens relating to the administration, interpretation, implementation, and enforcement of the provisions of this article.

(1972 Code, sec. 30.301; 2008 Code, sec. 14.02.101; Ordinance 2020-10, sec. 2, adopted 3-3-20)

The zoning officer(s) shall have the following duties:

(1)

The zoning officer(s) shall have the power to make inspections of buildings and premises to carry out the duties prescribed herein.

(2)

The zoning officer(s) shall examine all building permit applications and shall certify that the proposed construction, moving, alteration, or use complies with the provisions of this article.

(3)

The zoning officer(s) shall certify all certificates of occupancy prior to their issuance.

(4)

The zoning officer(s) shall investigate alleged violations of this article, and shall conduct a visual inspection of all uses within the city. If a violation or suspected violation is found, enforcement efforts shall be undertaken by the zoning officer(s).

(5)

The zoning officer(s) shall perform such other duties as assigned by the mayor relating to the administration, interpretation, implementation, and enforcement of the provisions of this article.

(1972 Code, sec. 30.302; 2008 Code, sec. 14.02.102)

(a)

A certificate of occupancy shall be obtained for any of the following:

(1)

Occupancy and use of a building hereafter erected or structurally altered.

(2)

Change in use of an existing building to a use of a different classification.

(3)

Occupancy and use of vacant land.

(4)

Change in the use of land to a use of a different classification.

(5)

Any major or significant modification, alteration, or change in a nonconforming use.

(6)

Business ownership name change; and

(7)

A short-term rental (STR) is not required to obtain a certificate of occupancy.

(b)

Application for certificate of occupancy shall be obtained through the planning and zoning department after submittal of:

(1)

A complete and accurate application.

(2)

Owner affidavit

(3)

Failure to maintain accurate and/or updated information as submitted in the application is punishable by a fine of up to $500.00 per day, per violation.

(1972 Code, sec. 30.303; 2008 Code, sec. 14.02.103; Ordinance 2019-19 adopted 4-16-19; Ord. No. 2021-20, § 1, 4-20-2021; Ord. No. 2021-44, § 1, 9-7-2021; Ord. No. 2023-045, § 1, 11-21-2023)

No such use, or change of use, shall be permitted unless a certificate of occupancy, approved by the zoning officer(s), has been issued.

(1972 Code, sec. 30.304; 2008 Code, sec. 14.02.104)

Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within ten days after a written request for the same has been made to the zoning officer(s) or his agent, and only after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this article. The zoning officer(s) shall issue the certificate of occupancy not more than ten days after the erection or alteration has been approved by the city.

(1972 Code, sec. 30.305; 2008 Code, sec. 14.02.105)

Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use to a conforming use, as herein provided, shall be submitted to the zoning officer(s) for review on forms available in the zoning officer(s)'s office. If the proposed use is in conformity with the provisions of this article and has been approved by the zoning officer(s), the certificate of occupancy shall be issued within ten days after the application has been made.

(1972 Code, sec. 30.306; 2008 Code, sec. 14.02.106)

Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of Leon Valley's codes and ordinances. A record of all certificates of occupancy shall be kept on file in the office of the zoning officer(s) or a designee and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building or land affected.

(1972 Code, sec. 30.307; 2008 Code, sec. 14.02.107)

Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the zoning officer(s) for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this article.

(1972 Code, sec. 30.308; 2008 Code, sec. 14.02.108)

(a)

Purpose of amendments. The purpose of an amendment procedure is to provide for changes in the text of the zoning ordinance (text amendment) and to change the boundaries of zoning districts (rezoning) shown on the official zoning map. Since these regulations represent the city's effort to provide for the orderly development of the community, no change shall be made in these regulations except:

(1)

To correct an error in the regulations or map;

(2)

To recognize changed or changing conditions or circumstances in a particular locality or area; or

(3)

To recognize a change in public plans or policies that affect the property.

(1972 Code, sec. 30.309; 2008 Code, sec. 14.02.109)

The zoning administrator shall assist the planning and zoning commission in the development and implementation of the city's comprehensive master plan. There shall be no amendment made to this article which is not in compliance with the city's long-range comprehensive planning program and the city's master plan.

(1972 Code, sec. 30.310; 2008 Code, sec. 14.02.110; Ordinance 2020-10, sec. 3, adopted 3-3-20)

Any person, corporation, or authorized agent interested in any property, or owner of property may initiate proceedings to allow the consideration of a change in the zoning classification of such property or to the regulations pertaining to said property. In the event that ownership stated on the application and that shown on city records are different, the applicant shall submit proof of ownership or legal standing to submit the application or must provide a notarized letter of authorization from the property owner. The planning and zoning commission or city council may, on its own motion, initiate proceedings to consider a change to the zoning on any property or to the regulations pertaining to property, when it finds that the public interest would be served by consideration of such a request.

(1972 Code, sec. 30.311; 2008 Code, sec. 14.02.111; Ordinance 2020-10, sec. 4, adopted 3-3-20)

Each application for a text amendment, rezoning, specific use permit, or nonspecified use permit shall be made in writing on a form provided by the zoning officer(s) and shall be filed with the zoning officer(s). Each application shall be accompanied by payment of the fees as set forth in Leon Valley City Code, appendix A, Fee Schedule as amended or revised by ordinance from time to time. An application for a rezoning shall also include any plat(s), field notes, metes and bounds descriptions, plans and/or drawings in a form acceptable to the zoning officer(s) and containing sufficient information necessary to determine the impact on properties affected by the rezoning request. Where information is lacking or inadequate at the time of submission, the applicant shall be notified as to the nature and extent of the deficiency, and the record shall be retained as an intent to apply until such deficiency is remedied. No docket number shall be assigned in such cases until the required information has been supplied.

(1972 Code, sec. 30.312; 2008 Code, sec. 14.02.112; Ordinance adopting 2017 Code)

(a)

Applications must be submitted to the zoning officer(s) and all appropriate fees paid. Upon receipt of a complete application for a zoning map amendment (rezoning), and all outstanding issues having been resolved, the zoning officer(s) shall assign the application a docket number and set a date for a public hearing before the planning and zoning commission and the city council.

(b)

Not less than ten days before the public hearing before the planning and zoning commission, written notice shall be sent to all owners of real property, as indicated on the most recently approved municipal tax roll, located within 200 feet of the property to be rezoned or as otherwise resolved by the city council. The notice may be served by its deposit in the United States mail, within the city, properly addressed with postage paid.

(c)

Not less than ten days before the public hearing before the planning and zoning commission, signage shall also be placed at the property subject to public hearing for a possible zone change, in a location visible to adjacent public streets, which states the date, time, location, and requested zoning action for the property.

(d)

From the date of recommendation by the commission, a public hearing shall be held before the city council regarding the same matter within 90 days of such commission recommendation or the recommendation is void.

(e)

The applicant may choose to request public hearings before both the commission and the city council by paying the total applicable fees for both hearings at the same time. If such option is elected, the date of the public hearing before the city council shall be set at the next regularly scheduled meeting of the city council following the public hearing at which a decision is made by the commission.

(1972 Code, sec. 30.313; 2008 Code, sec. 14.02.113; Ordinance 2002-12 adopted 3-3-20)

Prior to the issuance of the notice of a public hearing before the planning and zoning commission and city council, the applicant may, by written notice to the zoning officer(s), withdraw the application or request rescheduling of the public hearing to a later regular meeting date. Once public notice is given, the applicant may withdraw the application or request for rescheduling only with the approval of the city council. The city council may reject a request to withdraw an application or request to reschedule and conduct the public hearing as stated in the notification and take action as appropriate within the context of the public notice provided. Not less than 15 days before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the city.

(1972 Code, sec. 30.314; 2008 Code, sec. 14.02.114; Ordinance 2020-10, sec. 5, adopted 3-3-20)

No application for rezoning, specific use or nonspecific use of any lot(s) or block(s) of land situated in the city shall be received or filed with the commission and no hearing had thereon, if within six months prior thereto an application was received or filed on the same lot(s) or block(s) of land. This time restriction shall apply whether said application was withdrawn before or after action by the commission, and whether or not final hearing and action has been filed by the city council.

(1972 Code, sec. 30.315; 2008 Code, sec. 14.02.115)

After public hearing, the planning and zoning commission shall submit a report to the city council with a recommendation that the application be approved, tabled, or denied, and state the vote of the commission.

(1972 Code, sec. 30.316; 2008 Code, sec. 14.02.116; Ordinance 2017-45 adopted 8-15-17; Ordinance 2020-10, sec. 6, adopted 3-3-20)

In the event a protest to an application is filed with the zoning officer(s), duly signed and acknowledged, by the owners of either:

(1)

Twenty percent or more of the area of the lots or land covered by the proposed change; or

(2)

By 20 percent or more of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from such area; such application shall not become effective except by affirmative vote of three-fourths of all the members of the city council. In computing the percentage of land area to be considered, the area of streets and alleys shall be included.

(1972 Code, sec. 30.317; 2008 Code, sec. 14.02.117)

Upon receipt of the report from the planning and zoning commission, the city council shall hold a public hearing for the purpose of consideration the proposed change to the zoning map or text. Not less than 15 days before the public hearing, notice of the hearing shall be published in an official newspaper or a newspaper of general circulation in the city.

(1972 Code, sec. 30.318; 2008 Code, sec. 14.02.118; Ordinance 2020-10, sec. 7, adopted 3-3-20)

If finally approved by the required number of votes of the city council, the mayor shall execute the ordinance.

(1972 Code, sec. 30.319; 2008 Code, sec. 14.02.119)

Any pending application shall be automatically approved if no action of any kind has been taken on it by the city council for a period of one year.

(1972 Code, sec. 30.320; 2008 Code, sec. 14.02.120)

This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this article.

(1972 Code, sec. 30.321; 2008 Code, sec. 14.02.121)