Previously Established Land Use Conformity Certificate (PELUC)

Broadly speaking, the purpose of a Previously Established Land Use Conformity (PELUC) Certificate is to recognize the validity of an existing non-conforming use that does not meet current zoning, provided it otherwise meets very strict standards in the Tallahassee Land Development Code (TLDC). With the passage of time, PELUC applications have grown rarer. Given that Sec. 10-101 through 10-109, TLDC, establish very detailed PELUC standards, interested persons are either encouraged to review the noted citation or to call the Growth Management Department's planning staff to determine if their site may be eligible for a PELUC. The Growth Management Department can be reached at (850) 891-7001, option 4 or at zoning@talgov.com.

Submittal Requirements

The deadline for filing a PELUC application can be found online. The documents listed below will constitute a complete application. All documents should be submitted in electronic PDF form using the Standard Naming Conventions.

• Site Plan Set
• Completed Owner's Affidavit (with notary signature)
• Project Narrative
• Signed & Sealed Boundary Survey (with digital surveyor signature or original hardcopy stamped "verified original" by Growth Management staff)
• PELUC Acknowledgement Form
• Pictures of the site
• Any proposed deed restrictions or covenants (if applicable)

Once these items are received, a sign must be posted on the property to constitute a substantially complete application. Once an application is received, and intake staff has reviewed that all required documents have been submitted, a sign document file, sign specifications, and sign posting affidavit will be sent via email, to the applicant, with detailed instructions so that the Legal Notification requirement task can be completed. To complete the application submittal requirements, the applicant must upload a completed sign posting affidavit and two pictures of the posted sign. The deadline for completing all submittal requirements (including sign posting) is 10:00 a.m. on a BOAA submittal day.

Apply for PELUC Review

Review

PELUC applications are submitted to the Growth Management Department. Upon being determined complete, they are forwarded to the Board of Adjustment and Appeals for a public hearing. The public hearing must meet the noticing requirements in Sec. 2-164. TLDC. The types of projects which are eligible for a PELUC are identified by Sec. 10-104, TLDC, "Eligibility for Waiver". See the PELUC Acknowledgment Form for the eligibility criteria for a PELUC.

The establishment of eligibility of the nonconforming use for purposes of application submittal shall in no way be construed to form the basis for granting the waiver, or waiver with mitigation, of nonconforming use status. The applicant shall bear the burden of demonstrating the following, as outlined in Sec. 10-105, TLDC:

• The impact of the nonconformity is minimal upon surrounding land use and is not detrimental to the public health, safety, and welfare and, as a result, the nonconforming status may be waived.
• The impact of the nonconformity may be substantially mitigated such that the development may attain conforming status by implementing the outlined mitigation steps.
• Site plan or plan of development may be required to demonstrate mitigative measures that will maintain compatibility through specified design measures. Inter-site compatibility criteria shall be determined by the Board of Adjustment and Appeals based on the following:
• Aesthetically and functionally compatible land uses.
• Adequate buffering, screening, landscaping, and architectural treatment if located in a residential area.
• Sufficient parking, designed to provide safe internal traffic circulation, and off-site access.
• The objectionable impacts of service and delivery areas, refuse and recycling collection areas, as well as the outdoor storage and work areas generally associated with commercial residential buildings shall be designed to minimize off-site impacts.

Approval

If the Board of Adjustment and Appeals determines that the nonconforming use meets the required criteria as specified by land use policy 1.5.1 and the TLDC, the Board of Adjustment and Appeals shall issue a PELUC certificate, in a recordable format, which shall be valid only for the specific use and area of the site for which the waiver was granted. The certificate may contain conditions under which the waiver has been granted and may contain an expiration date for the waiver. The certificate shall provide that any expansion proposed on the property covered by the certificate must comply with the development standards for the primary use in the district in which the property is located. If an expiration date is provided, the use shall revert to nonconforming status on the expiration date. Upon application to the Board of Adjustment and Appeals prior to the expiration date, the expiration date may be extended after review by the Board of Adjustment and Appeals. The granting of a PELUC certificate for a particular use on a single parcel of property shall in no way be construed to waive any other development requirements or to establish vesting or precedence for other nonconforming uses on that parcel or on any other parcel.

Appeals

Appeals to the decisions rendered by the Board of Adjustment and Appeals regarding PELUCs are addressed in Sec. 10-109, TLDC.