This chapter shall officially be known and may be cited as the "City of Tallahassee Zoning Regulations."

(Code 1984, ch. 27, § 1.1; Ord. No. 95-O-0025AA, 9-13-1995)

In addition to the definitions in section 1-2, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basement means the part of a building that has at least half of its height below ground level. The basement of a building will be included in calculation of a floor area ratio if it is finished sufficiently to serve as space that is suitable for the primary activities for which the building was designed and constructed.

Developer means a person, firm, corporation or duly authorized agent, that undertakes the development of land pursuant to these regulations.

Development means any proposed change in the use or character of the land, including but not limited to, land clearing or the placement of any structure or site improvement on the land except for silviculture activities employing best management practices. Development includes initiation and conducting of any building activity or mining activity, or the making of any material change in the use or appearance of any structure or land, or the dividing of land into two or more parcels.

Development order means any order granting, denying, or granting with conditions an application for a development permit.

Development order, final, means the following unexpired development orders for purposes of a determination of vested rights in a previously approved development: exempt subdivision, limited partition subdivision, minor subdivision, preliminary subdivision plat approval, final plat subdivision approval, final site plan approval; approval of a planned unit development concept plan; approval of a planned unit development final development plan; building permit; and any other development order which approved the development of land for a particular use or uses at a specified intensity of use and which allowed development activity on the land for which the development order was issued.

Live-work units means multi-story structure under single ownership that combines residential uses located above the commercial/office components. At least one residential unit provides direct access to the non-residential component and is inhabited by the owner, operator, or an employee. The non-residential uses found in live-work units shall comply with those allowed in the underlying zoning district and be "destination" businesses, meaning they do not rely on passerby or drive-by traffic, but usually have visitation by appointment.

Owner means the record owner of a particular property as established in the deed records of the clerk of the court of the county.

Person means an individual, a firm, association, organization, partnership, trust, company, or corporation, government as well as an individual.

Registered neighborhood association means a neighborhood association that registers with the city-county planning department for official purposes such as notification of land-use changes. Only neighborhood associations that meet the following requirements may so register:

(1)

The association must provide the planning department with a map of the boundaries of the neighborhood it represents.

(2)

The association must be broadly representative of the neighborhood it represents.

(3)

The association must be accountable to the neighborhood it represents.

(4)

The association must have as one of its objectives the preservation or the revitalization of the neighborhood.

(5)

The association must have a governing board composed primarily of elected neighborhood residents.

Structure means anything constructed, installed, whether permanent or portable, the use of which requires a location on a parcel of land. This term also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks and advertising signs.

(Code 1984, ch. 27, § 2.2; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0018, §§ 2, 3, 11-26-1996; Ord. No. 97-O-0027AA, § 2, 7-8-1997; Ord. No. 97-O-0031AA, § 1, 7-9-1997; Ord. No. 97-O-0056, § 1, 10-22-1997; Ord. No. 98-O-0028AA, § 1, 6-24-1998; Ord. No. 99-O-0025AA, § 2, 8-25-1999; Ord. No. 99-O-0058AA, § 2, 1-26-2000; Ord. No. 00-O-54AA, § 2, 9-27-2000; Ord. No. 01-O-16, § 1, 2-28-2001; Ord. No. 01-O-28AA, § 3, 10-24-2001; Ord. No. 02-O-45AA, § 1, 7-10-2002; Ord. No. 07-O-39, § 1, 11-20-2007)

The rules of construction in section 1-2 apply to this chapter.

(Code 1984, ch. 27, § 2.3; Ord. No. 95-O-0025AA, 9-13-1995)

(a)

It is the policy of the city to permit development of land that is consistent with and in conformance with the goals, objectives, and policies established in the 2010 Comprehensive Plan through the use of this chapter.

(b)

The official zoning map districts shall be consistent with the land use designations as depicted on the adopted future land use plan map of the 2010 Comprehensive Plan.

(c)

No development of land shall be permitted unless in compliance with the concurrency requirements as established in the concurrency management ordinance of the city.

(d)

This chapter shall complement and be coordinated with the enforcement of the provisions and standards contained in building and housing codes, chapter 5 of this Code, and other related and applicable codes.

(e)

The implementation and interpretation of this chapter shall be governed by the policies stated in the 2010 Comprehensive Plan.

(Code 1984, ch. 27, § 3.2; Ord. No. 95-O-0025AA, 9-13-1995)

This chapter is adopted for the following purposes:

(1)

To guide the future growth and development of the city in accordance with the 2010 Comprehensive Plan.

(2)

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

(3)

To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to establish appropriate land use densities and intensities.

(4)

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

(5)

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

(6)

To divide the city into zoning districts and to regulate the construction, reconstruction, alteration and use of buildings, structures, and land for uses and types as identified in the 2010 Comprehensive Plan.

(7)

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

(8)

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

(9)

To provide for a fair and practical process for development review and consistent application of development standards.

(Code 1984, ch. 27, § 3.1; Ord. No. 95-O-0025AA, 9-13-1995)

(a)

This chapter is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers in F.S. ch. 166 (city government).

(b)

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

(Code 1984, ch. 27, § 3.3; Ord. No. 95-O-0025AA, 9-13-1995)

This chapter was adopted and made effective as of 12:01 a.m., September 14, 1995.

(Code 1984, ch. 27, § 3.4; Ord. No. 95-O-0025AA, 9-13-1995)

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

(Code 1984, ch. 27, § 3.5; Ord. No. 95-O-0025AA, 9-13-1995)

Upon the adoption of this chapter according to law, the Zoning Code of the City of Tallahassee adopted in the city by Ordinance. No. 70-O-1194, on December 1, 1970, as amended is hereby repealed, with the following exceptions:

(1)

All provisions pertaining to the affected area indicated on inset 14 of the official zoning map including but not limited to district designation, intent, usage regulation, development standards, and mapping; except that the site plan review and approval provisions of chapter 9, article III of this Code shall apply and have full force and effect; and

(2)

Rezoning applications approved as limited use with site plan under the terms of the prior zoning code (1970 Code) as amended shall continue to have full force and effect as site plan conditions as provided under chapter 9, article III of this Code. Modification or release from the limited use with site plan conditions shall require review and approval by the entity with authority to review and approve the development under the site plan thresholds described in chapter 9, article III of this Code. Applications for modification or release from the limited use with site plan conditions shall be noticed as provided under the applicable review threshold and subject to the same terms as other projects subject to site plan review. Nothing in this part shall be construed to authorize development inconsistent with the 2010 Comprehensive Plan and the development standards contained in this chapter.

(Code 1984, ch. 27, § 7.2; Ord. No. 95-O-0025AA, 9-13-1995)

In the event that any question arises concerning the application of regulations, design standards, definitions, development criteria, or any other provisions of this chapter, the land use administrator or designee shall be responsible for interpretation and shall rely upon the comprehensive plan for guidance. Responsibility for interpretation by the land use administrator 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 any commission, board, or official named in other sections or articles of these regulations.

(Code 1984, ch. 27, § 5.1; Ord. No. 95-O-0025AA, 9-13-1995)

The regulations established by this chapter shall be minimum regulations except as specifically provided as follows:

(1)

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 regulations herein specified for the district in which it is located.

(2)

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 chapter 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 article VI of this chapter.

(Code 1984, ch. 27, § 10.1; Ord. No. 95-O-0025AA, 9-13-1995)

If, as a result of any proposed, or pending governmental right-of-way taking, by either negotiation or condemnation, existing building and vehicular use areas have or would, but for this section, become nonconforming or further nonconforming with any development standards of this chapter upon such taking, the following provisions shall apply:

(1)

Existing building and vehicular use areas 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 the remainders shall be deemed thereafter to be conforming properties.

(2)

Any building or vehicular use areas taken either totally or partially may be relocated on the remainder of the site without being required to comply with any development standard of this chapter except that the relocated building or vehicular use areas shall be set back as far as is physically feasible without reducing the utility or use of the relocated building or vehicular use areas below its pre-taking utility or use.

(3)

Any properties exempt according to subsections (1) and (2) of this section which are thereafter destroyed, other than by voluntary demolition, to an extent of less than 60 percent of the value at the time of destruction, may be restored but only to the pre-destruction size and location; and, in the case of voluntary demolition, no rights of restoration are conferred except in compliance with the applicable standards of these regulations.

(4)

a.

In order to secure the exemptions in subsections (1) and (2) of this section, either the condemning authority, or the landowner, or any tenant, or any of them, shall apply in writing by filing an application with the land use administrator for a determination that the granting of the exemption will 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.

b.

Nonapplicant parties may file responses to the application within 15 working days of service of the notice.

c.

The land use administrator shall, within 30 working days of the filing of the application, determine whether or not the exemption to the development standards granted by this section will endanger the health, safety, or welfare of the general public.

d.

The determination of the land use administrator will become final 15 calendar days after it is rendered unless a person who qualifies as a party under chapter 2, article III, division 2, subdivision II of this Code pays the filing fee, files a notice of intent to file a petition for formal proceedings and files the petition for formal proceedings within 30 calendar days after the determination of the land use administrator is rendered in accordance with chapter 2, article III, division 2, subdivision II of this Code and the bylaws of the city-county planning commission. Failure to file the notice of intent, to pay the filing fee, and/or to file the petition as required in this section is jurisdictional and shall result in a waiver of the right to petition for formal proceedings.

e.

If the land use administrator determines that the granting of an exemption requested under this article will not constitute a danger to the health, safety, or welfare of the general public, the land use administrator shall issue a certificate of exemption to the applicant granting the exemption, and notify all parties thereof. The certificate shall specify the details of the exemption and be executed in a form recordable in the public records of the county. If the application is denied, the land use administrator shall issue a signed letter to the applicant specifying the specific health, safety or welfare ground upon which the denial is based. If the land use administrator 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 city or county commission, as applicable, at the next commission meeting occurring next after the expiration of 30 working days from the filing of the application.

(5)

Within 30 working days of receipt of the application from the applicant upon the land use administrator's failure to act, the city or county commission, as applicable, shall, by majority vote, approve, approve with conditions, or deny the exemption or continue its review to a date and time certain.

(Code 1984, ch. 27, § 6.1; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 3, 12-11-1996; Ord. No. 97-O-0052AA, § 2, 10-22-1997)

(1)

The planning department shall be responsible for:

(a)

Providing a final recommendation consistent with the intent of the zoning district for development or additions greater than 2,500 square feet and major modifications to the same on conformance with development and design standards, architectural standards, certain signage, lighting design and placement of fixtures for site plans, including site plans for special exception uses, applicable to properties in the design review districts.

(b)

Rendering an advisory decision to the development review committee on conformance of proposed site plans with development and design standards, architectural standards, streetscape standards, signage, lighting design, and placement of fixtures for site plans and for properties owned by the city. The advisory decisions under this subsection shall be forwarded to the entity with authority to approve the site plan for city-owned properties within the city.

(c)

Notwithstanding anything in this section to the contrary, development or redevelopment on the block known as Kleman Plaza, which has its own design review board, shall be exempt from review by the planning department.

(d)

Properties in the design review districts that are also located in a historic preservation overlay (HPO) zone are not subject to review by the planning department. Properties subject to the HPO zone are regulated in article V, division 2, of this chapter.

(e)

Rendering a recommendation to the development review committee on deviations to development and design standards for all site plans features noted in subsection (a) applicable to properties in the design review districts.

(f)

Participating in the development of design regulations and reviewing proposed development regulations and amendments and making recommendations to the city commission as requested and other tasks that may be assigned from time to time by the city commission.

(Ord. No. 15-O-04, § 9, 5-27-2015)

(a)

Previously issued development permits. The provisions of this chapter and any amendments thereto shall not affect the ability of any lawfully issued and effective development permit if:

(1)

The development activity authorized by the permit has been commenced prior to the effective date of this chapter, or will be commenced after the effective date of this chapter but within six months of the effective date of this chapter as a result of issuance of a building permit; and

(2)

The development activity is continuing in good faith until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this chapter or amendment thereto.

(b)

Previously approved final development orders. Projects with final development orders that have not expired at the time the ordinance from which this chapter derives was adopted, 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 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 or amendment thereto.

(c)

Projects vested from the 2010 Comprehensive Plan. Projects vested from the concurrency and consistency (as to intensity and density) requirements of the 2010 Comprehensive Plan as provided in chapter 2, article III, shall conform with the requirements of this chapter 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 intensity and density) vested rights of such projects.

(d)

Development orders in process. Projects which have filed complete applications, prior to January 25, 1992, for a final development order and which obtain approval for such application within the timeframe specified in the applicable ordinance or code, 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 of the regulations in effect when the application was filed.

(e)

Previously approved final development orders or applications for final development orders in process for properties in a mixed use zoning district. This section applies to those applications for a final development order and developments with final development orders which were issued by the city within a mixed use A, B, or C zoning district prior to November 1, 1997. Developments with final development orders that have not expired and were approved from March 1, 1992, to November 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 requirements of this chapter 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 city determines complete prior to November 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.

(Code 1984, ch. 27, § 7.3; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 97-O-0027AA, § 3, 7-8-1997)