TALLAHASSEE, FLORIDA LAND DEVELOPMENT CODE

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Published in 2003 by Order of the City Commission

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PREFACE

This Land Development Code constitutes a codification of the general and permanent ordinances of the City of Tallahassee, Florida.

Source materials used in the preparation of the Code were the 1984 Code, which Code contained ordinances adopted through September 25, 2002, and ordinances subsequently adopted by the city commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1984 Code and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included in the same manner. If new material is to be included between chapters 5 and 6, it will be designated as chapter 5.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which

may or may not appear in this Code at this time, and their corresponding prefixes:

LAND DEVELOPMENT CODE	LDC1:1
LAND DEVELOPMENT CODE APPENDIX	LDCA:1
LAND DEVELOPMENT CODE COMPARATIVE TABLES	LDCCCT:1
LAND DEVELOPMENT STATE LAW REFERENCE TABLE	LDCSLT:1
LAND DEVELOPMENT CODE INDEX	LDCi:1

 

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Bill Eddy, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mr. Jim English, City Attorney, Ms. Linda Hurst, Assistant City Attorney, Ms. Julie Lovelace, Attorney at Law, and Ms. Paula Cook, Records Management Officer, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ORDINANCE NO. 03-O-60

AN ORDINANCE OF THE CITY OF TALLAHASSEE, FLORIDA, ADOPTING AND ENACTING A RECODIFICATION OF THE GENERAL AND PERMANENT ORDINANCES OF THE CITY OF TALLAHASSEE; PROVIDING FOR TWO VOLUMES, CODE OF GENERAL ORDINANCES AND A SEPARATE LAND DEVELOPMENT CODE; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODES; PROVIDING FOR PENALTIES; AND PROVIDING WHEN SUCH CODES AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

WHEREAS, on June 12, 1984, the City Commission of the City of Tallahassee approved Ordinance No. 84-O-2304, adopting and enacting a new Code of Ordinances, effective June 15, 1984; and

WHEREAS, since June 12, 1984, the City has adopted many amendments to the Code of Ordinances, including the addition of Chapter 28, the Environmental Management Ordinance; and

WHEREAS, for the convenience of the citizens of the City of Tallahassee, it has been determined that the Code of Ordinances should be recodified into two separate codes: the Code of General Ordinances and the Land Development Code; and

WHEREAS, the Charter of the City of Tallahassee and related laws are included in Part I of the Code of General Ordinances; and

WHEREAS, the recodification adopted and enacted herein makes no substantive changes to the existing Charter and Code of Ordinances, but adopts and enacts the Charter, the Code of Ordinances, and the Environmental Management Ordinance as effective on May 28, 2003.

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF TALLAHASSEE AS FOLLOWS:

Section 1. The City of Tallahassee Code of Ordinances, consisting of two separate volumes: Volume I, consisting of Part I, Charter Laws of the City of Tallahassee, Florida, sections 1 through 144, each inclusive, and Part II, Code of General Ordinances of the City of Tallahassee, Florida, chapters 1 through 22, each inclusive; and Volume II, the Tallahassee, Florida, Land Development Code, consisting of chapters 1 through 10, each inclusive, is hereby adopted and enacted as the Code of the City of Tallahassee (hereinafter referred to as Code), which Code shall supersede all general and permanent ordinances of the City adopted on or before May 28, 2003, to the extent provided in Section 2 hereof.

Section 2. All provisions of the Code adopted herein shall be in full force and effect from and after October 1, 2003, and all conflicting provisions of ordinances of a general and permanent nature enacted on final passage on or before May 28, 2003, and not included in such Code or recognized and continued in force by reference therein are hereby repealed after the effective date of such Code.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, a violation of any provision of the Code, or any provision of any rule or regulation adopted or issued pursuant thereto, shall be punishable by a fine not to exceed five hundred dollars ($500.00), or imprisonment for a term not exceeding sixty (60) days, or both such fine and imprisonment, as provided in Section 1-7 of the Code. Except as otherwise provided by law or ordinance, with respect to violations of the Code that are continuous with respect to the time, each day that the violation continues is a separate offense and with respect to violations of the Code that are not continuous with respect to time, each act constitutes a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of the Code, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 5. Any and all additions and amendments to the Code, when passed in such form as to indicate the intention of the City to make the same a part of the Code, shall be deemed to be incorporated in such Code, so that reference to such Code shall be understood and intended to include such additions and amendments.

Section 6. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of such Code shall be deemed a public nuisance and may be abated by the City as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

Section 7. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty in Section 4 of this ordinance and in Section 1-7 of the Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 8. Any ordinance adopted after May 28, 2003, that amends or refers to ordinances that have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code.

Section 9. This ordinance and the Code adopted hereby shall become effective October 1, 2003.

INTRODUCED in the City Commission on the 27 ^th day of August, 2003.

PASSED by the City Commission on the 24th day of September, 2003.

	/s/         JOHN R. MARKS, III,        Mayor

ATTEST:

/s/         GARY HERNDON        City Treasurer-Clerk

APPROVED AS TO FORM:

/s/         JAMES R. ENGLISH        City Attorney