© 2009 by South-Western, Cengage Learning SAMIRLANDER Chapter 20

Florida Real Estate: Principles, Practices and License Law Chapter 20 Planning and Zoning © 2009 by South-Western, Cengage Learning

Key Terms Buffer zone Building code Building inspection Building permit Certificate of occupancy (c of o) Environmental impact statement Health ordinance Nonconforming use Service industries Special exception Special flood hazard area Variance Zoning ordinance

© 2009 by South-Western, Cengage Learning History of Urban Planning and Zoning Early urban planners placed restrictions on use of property Most properties conformed

© 2009 by South-Western, Cengage Learning History of Urban Planning and Zoning Elevators gave birth to high rise buildings Deprived surrounding buildings of air and light Led to zoning resolutions

© 2009 by South-Western, Cengage Learning History of Urban Planning and Zoning Urban planners were charged with future growth concerns: Air and light Zoning districts Height restrictions Density issues Health, safety, and welfare of all

© 2009 by South-Western, Cengage Learning History of Urban Planning and Zoning Florida’s Growth Management Act of 1985 Long-term concerns and issues: Water Wastewater treatment facilities New sewer systems Building of roadways

© 2009 by South-Western, Cengage Learning Land Use Enacted to: Insure orderly pattern of growth Preserve property values

© 2009 by South-Western, Cengage Learning Land Use Police powers designed to protect public: health ordinances Health issues: health ordinances building codes Safety issues: building codes

© 2009 by South-Western, Cengage Learning Land Use Zoning regulates: Land uses Type, size, and height of structures Open air requirements Density factors

© 2009 by South-Western, Cengage Learning Land Use Zoning regulates: Location & setback requirements Rear yard Side yard Frontage setbacks

© 2009 by South-Western, Cengage Learning Land Use Classifications: RESIDENTIAL-USE: RESIDENTIAL-USE: dwelling purposes only

© 2009 by South-Western, Cengage Learning Land Use Classifications: COMMERCIAL-USE: COMMERCIAL-USE: commerce and business purposes Offices Retail Hotels/motels Other

© 2009 by South-Western, Cengage Learning Land Use Classifications: INDUSTRIAL – MANUFACTORING Heavy manufacturing Light manufacturing Warehousing Loft space

© 2009 by South-Western, Cengage Learning Land Use Classifications: AGRICULTURA L Farmland

© 2009 by South-Western, Cengage Learning Land Use Classifications: SPECIAL USE Government owned

© 2009 by South-Western, Cengage Learning Land Use Classifications: MIXED USE Two allowed uses within one parcel Upper floors: residential Lower floors: commercial

© 2009 by South-Western, Cengage Learning Land Use Buffer Zone: Buffer Zone: strip of land that separates two zones

© 2009 by South-Western, Cengage Learning Land Use Non-conforming Use: Non-conforming Use: properties already in existence are not required to conform to new or revised zoning Grandfather clause Remodeling & expansion usually not permitted

© 2009 by South-Western, Cengage Learning Land Use Variance: Variance: permission for an exemption from zoning requirements 1. Area Variance 1. Area Variance: land use in conflict with current zoning Physical Dimensional

© 2009 by South-Western, Cengage Learning Land Use 2. Use Variance: 2. Use Variance: permission to utilize land in a way that is prohibited Hardship: Property owner Exclusive to that owner Unable to capture economic benefits

© 2009 by South-Western, Cengage Learning Land Use 2. Use Variance: 2. Use Variance: permission to utilize land in a way that is prohibited Hardship: Will not alter the general character of neighborhood Not self created

© 2009 by South-Western, Cengage Learning Land Use Allows a specific use for a specific property Issued when the public is best served by a use different than zoning

© 2009 by South-Western, Cengage Learning Land Use Comprehensive plan Florida Growth Management Act of 1985 All levels of government establish a compressive plan for future growth

© 2009 by South-Western, Cengage Learning Land Use Plan must include: Future land use Traffic circulation Sanity, sewer, solid waste, drainage, and water Conservation & protection of natural resources

© 2009 by South-Western, Cengage Learning Land Use Plan must include: Recreation areas Housing Coastal area management & protection Intergovernmental coordination

© 2009 by South-Western, Cengage Learning Land Use Comprehensive plan Subdivision plat approval Site plan approval Sign control

© 2009 by South-Western, Cengage Learning Land Use Visual map of the subdivided land Egress Ingress Sidewalks May not sell or transfer lots until approval

© 2009 by South-Western, Cengage Learning Land Use Site plan must be submitted for large developments

© 2009 by South-Western, Cengage Learning Land Use Cannot distract drivers or create dangers Must conform to neighborhood standards

© 2009 by South-Western, Cengage Learning Land Use Members appointed by city or county commission Voluntary

© 2009 by South-Western, Cengage Learning Land Use Review of various studies Past trends Current trends Projected trends

© 2009 by South-Western, Cengage Learning Land Use Base Industry: Base Industry: local business attract people and money from other parts of nation Resort and recreation

© 2009 by South-Western, Cengage Learning Land Use Service Industry: Service Industry: serves local constituency through trades Convenience stores Local retailers

© 2009 by South-Western, Cengage Learning Land Use Environmental impact statement: Environmental impact statement: impact a project may or will have on neighboring communities

© 2009 by South-Western, Cengage Learning Land Use Allowable minimum standard for construction and improvements

© 2009 by South-Western, Cengage Learning Land Use Enforcement through: Building permits Building inspections Building inspections Certificates of occupancy occupancy

© 2009 by South-Western, Cengage Learning Land Use Condemnation: Condemnation: Police power to take possession of private property Eminent domain: Eminent domain: allows government to take private property

© 2009 by South-Western, Cengage Learning Land Use Taking must be to improve and benefit the general public: New transportation Highways Other public uses

© 2009 by South-Western, Cengage Learning Land Use Landowner dies with no will or heirs, property passes to the state

© 2009 by South-Western, Cengage Learning Land Use Federally subsidized program

© 2009 by South-Western, Cengage Learning Land Use FEMA: Federal Emergency Management Agency

© 2009 by South-Western, Cengage Learning Land Use SFHA: Special floor hazard areas SFHA: Special floor hazard areas 1% chance of flooding in any given year

© 2009 by South-Western, Cengage Learning Land Use Deed restrictions: restrictive covenants Appurtenances Recorded with master plan

© 2009 by South-Western, Cengage Learning Land Use Deed restrictions MAY NOT Violate existing covenants Prevent owner form selling or conveying property Be unlawful

© 2009 by South-Western, Cengage Learning Land Use Deed restrictions May be removed or terminated due to lack of enforcement Laches: Laches: unenforced right or restrictions

© 2009 by South-Western, Cengage Learning Land Use Deed restrictions Style and size of homes Location, style, and material in fences Limitations on outbuildings Bans on parking trucks, RVs, or boats

© 2009 by South-Western, Cengage Learning Land Use Deed restrictions Setbacks Minimum square footage If in conflict with zoning Stricter will prevail

© 2009 by South-Western, Cengage Learning Land Use Property owners enforce Civil suit to block the action Run with the land May not discriminate