BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

PCM130108 Fred George and Old Bainbridge
Specifically, large traffic generating uses such as restaurants, cocktail lounges and movie theatres
were not permitted uses.
After the property was annexed by the City of Tallahassee in 1985, the city adopted an ordinance
that allowed the same uses that were previously allowed by the county. In 1986, in accordance
with the Huntington Woods development order and the associated rezonings, a 1,973 square foot
convenience store with fueling facilities was constructed on the site.
Four years after the site was developed, the subject site was included in the Residential
Preservation FLUM in the Comprehensive Plan, and it was subsequently rezoned to RP-2 zoning
district. However, it was still under the purview of the Huntington Woods DRI development
Order, which established a small-scale commercial use for the subject property.
However, in 2010 when the Huntington Woods development order was rescinded, and the land
use regulations, including the Comprehensive Plan FLUM category of the subject parcel, did not
reflect the intent of the original Huntington Woods development order. The proposed
amendment and associated rezoning return the land use designation to reflect the original intent
of the Huntington Woods DRI for the subject parcel.
2. The continued operation of the convenience store on the subject parcel as a non-conforming
use would be a hardship on the owner of the subject parcel.
The convenience store that exists on the subject parcel is a non-conforming use. A nonconforming
use is a use that conformed to the zoning regulations at the time it was built, but no
longer conforms to the existing zoning regulations because of changes to the zoning regulation or
the zoning district. The use on the subject property is non-conforming because it was rezoned to
RP-2 consistent with the Residential Preservation FLUM adopted in the Comprehensive Plan
(see Attachment 2).
In accordance with provisions of Sections 10-78 and 10-79 of the City of Tallahassee Land
Development Code, a non-conforming use can continue to exist indefinitely, unless it loses it
non-conforming status by going out of business for a year or more (with some exceptions), or it
illegally expands or changes use, or when remodeling or reconstruction of the structure exceeds
50% of the value of the structure. These limitations on non-conforming properties adversely
affect the value of the property, and may affect its property insurance rates.
In addition, the sale of alcoholic beverages is not addressed by Sections 10-78 and 10-79 of the
City of Tallahassee Code of Ordinances. Therefore, the City of Tallahassee will not certify to
the State of Florida liquor license application that the zoning requirements have been meet for
the sale of alcoholic beverages for a business that is a non-conforming use in a Residential
Protection zoning district. Without the City certification of zoning compliance, the State will not
issue a liquor license.
The existing convenience store on the subject property can sell beer under the license it was
issued prior to the 1992 zoning change to RP-2 zoning district. However, when the property is
sold, the new owners will be required to obtain a new liquor license, which will not be issued
Page 541 of 622 Posted at 5:00 p.m. on April 1, 2013
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Attachment #9
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