1. © 2009 by South-Western, Cengage Learning SAMIRLANDER Chapter 20

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

3. 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

4. © 2009 by South-Western, Cengage Learning History of Urban Planning and Zoning Early urban planners placed restrictions on use of property Most properties conformed

5. © 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

6. © 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

7. © 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

8. © 2009 by South-Western, Cengage Learning Land Use Enacted to: Insure orderly pattern of growth Preserve property values

9. © 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

10. © 2009 by South-Western, Cengage Learning Land Use Zoning regulates: Land uses Type, size, and height of structures Open air requirements Density factors

11. © 2009 by South-Western, Cengage Learning Land Use Zoning regulates: Location & setback requirements Rear yard Side yard Frontage setbacks

12. © 2009 by South-Western, Cengage Learning Land Use Classifications: RESIDENTIAL-USE: RESIDENTIAL-USE: dwelling purposes only

13. © 2009 by South-Western, Cengage Learning Land Use Classifications: COMMERCIAL-USE: COMMERCIAL-USE: commerce and business purposes Offices Retail Hotels/motels Other

14. © 2009 by South-Western, Cengage Learning Land Use Classifications: INDUSTRIAL – MANUFACTORING Heavy manufacturing Light manufacturing Warehousing Loft space

15. © 2009 by South-Western, Cengage Learning Land Use Classifications: AGRICULTURA L Farmland

16. © 2009 by South-Western, Cengage Learning Land Use Classifications: SPECIAL USE Government owned

17. © 2009 by South-Western, Cengage Learning Land Use Classifications: MIXED USE Two allowed uses within one parcel Upper floors: residential Lower floors: commercial

18. © 2009 by South-Western, Cengage Learning Land Use Buffer Zone: Buffer Zone: strip of land that separates two zones

19. © 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

20. © 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

21. © 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

22. © 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

23. © 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

24. © 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

25. © 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

26. © 2009 by South-Western, Cengage Learning Land Use Plan must include: Recreation areas Housing Coastal area management & protection Intergovernmental coordination

27. © 2009 by South-Western, Cengage Learning Land Use Comprehensive plan Subdivision plat approval Site plan approval Sign control

28. © 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

29. © 2009 by South-Western, Cengage Learning Land Use Site plan must be submitted for large developments

30. © 2009 by South-Western, Cengage Learning Land Use Cannot distract drivers or create dangers Must conform to neighborhood standards

31. © 2009 by South-Western, Cengage Learning Land Use Members appointed by city or county commission Voluntary

32. © 2009 by South-Western, Cengage Learning Land Use Review of various studies Past trends Current trends Projected trends

33. © 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

34. © 2009 by South-Western, Cengage Learning Land Use Service Industry: Service Industry: serves local constituency through trades Convenience stores Local retailers

35. © 2009 by South-Western, Cengage Learning Land Use Environmental impact statement: Environmental impact statement: impact a project may or will have on neighboring communities

36. © 2009 by South-Western, Cengage Learning Land Use Allowable minimum standard for construction and improvements

37. © 2009 by South-Western, Cengage Learning Land Use Enforcement through: Building permits Building inspections Building inspections Certificates of occupancy occupancy

38. © 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

39. © 2009 by South-Western, Cengage Learning Land Use Taking must be to improve and benefit the general public: New transportation Highways Other public uses

40. © 2009 by South-Western, Cengage Learning Land Use Landowner dies with no will or heirs, property passes to the state

41. © 2009 by South-Western, Cengage Learning Land Use Federally subsidized program

42. © 2009 by South-Western, Cengage Learning Land Use FEMA: Federal Emergency Management Agency

43. © 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

44. © 2009 by South-Western, Cengage Learning Land Use Deed restrictions: restrictive covenants Appurtenances Recorded with master plan

45. © 2009 by South-Western, Cengage Learning Land Use Deed restrictions MAY NOT Violate existing covenants Prevent owner form selling or conveying property Be unlawful

46. © 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

47. © 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

48. © 2009 by South-Western, Cengage Learning Land Use Deed restrictions Setbacks Minimum square footage If in conflict with zoning Stricter will prevail

49. © 2009 by South-Western, Cengage Learning Land Use Property owners enforce Civil suit to block the action Run with the land May not discriminate