Chapter 19 Flashcards
What is Laissez Faire?
It means to let things be
What is the Growth Management Act?
It is Florida’s land use program
The goals of planning and zoning are:
- Savings of tax money by preventing urban sprawl,
adequate provisions of services such as fire, police and libraries, - Providing for road right-of-ways and setbacks,
protection against costly drainage, flooding or environmental problems, - Protection for the public from harm in substandard building,
- Reduction in political and equity problems in landfills, prisons etc.,
- Reduction in cost for major catastrophes such as earthquakes, tornados and fire.
What is Police Power?
is the right of state and local governments tointervene on behalf of the public’s safety and protection as may be needed with private property.
Example of Police Powers are:
- Planning
- Zoning
- Codes that regulate building construction
- Subdivision regulations
- Environmental protection legislation
What is the purpose of the Growth Management Act?
encourages compact development and limit urban sprawl
Growth Management Act has two major provisions:
- All local comprehensive plans put land into zones; and
- Infrastructure (such as city streets, water services, fire services and sewer management) will be in place concurrently with land development.
What does the concurrent provision means within the Growth Management Act?
It means that planning has to be done before development occurs.
This will insure citizens will have proper police inspection and fire protection for their homes.
In addition the Growth Management Act provisions
that each city and county must establish a local planning agency, made up of local citizens with no professional training in planning.
Elements needed under growth management as far as planning in the surrounding areas:
future land use traffic circulation water, sanitary and storm sewers, and solid waste conservation of natural resources recreation housing coastal zone protection, where relevant intergovernmental coordination utilities
What is zoning?
Falls under police power and the purpose is to promote public health, health and general welfare
There are five categories of zoning:
Residential Commercial Industrial Agricultural Special use
Exceptions to common zoning are allowed under three common options
Variance - It is granted when a property owner has a current area need that falls outside of existing requirements
A non-conforming use - once allowed under a previous zoning law, but zoning changed and the property use did not.
A special exception - driving 19 miles for a glass of milk so permission is requested to use residential space for commercial purposes
Zoning is used to control density via three alternatives
Lot size - how many acres can be used in a plat of ground. Usually the minimum is 4 homes per acre but can go much higher
Set Back - these are minimum distances between the lot line and the building line. These restrictions are sometimes by city zoning and sometimes by subdivision covenants.
Lot Coverage - this is usually expressed in a ratio. For example, a one to two ratio where the property must be two times the size of the house. This prevents over-crowding on the lots, reduces the density and thus restricts growth. This ratio is called floor area ratio.
Buffer Zones
Shelters residential zones from malls and other commercial institutions
Industrial zoning includes
Environment as well as impact in the neighborhood
Agricultural zoning
Special use zoning
Building codes
are commonly used to determine what should be built and how it should be built and they are based on BOCA codes or National Building Code Association
What is R-Value?
It is a specific measurement value for building insulation or soils for building construction, quality, use, occupancy
Building Codes
set minimum standards by regulating and controlling the construction, quality, use and occupancy, and maintenance of buildings
Certificate of Occupancy
are issued by the city or county when the building has been completed to code and ready for occupancy.
Health Ordinances
are used to be sure that the premises are appropriate for human occupancy and that there are the correct number of people living in the space.
Other types of zoning
Bulk zoning - controls density and avoids over crowding
Aesthetic zoning - requires that new buildings conform to specific types of architecture
Directive Zoning - encourages zoning as planning tool to use land as its highest and best use
Adaption of Zoning Ordinances - must not violate the rights of individuals and property owners
What is the Master Plan?
This plan is a comprehensive 5-10 year plan that anticipates the growth and expansion of the city, where schools and parks will be located, what the traffic pattern will be etc. In Florida this must also meet with a regional plan so that the Growth Management Act will be followed.
Development of Regional Impact
defined as any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of the citizens of more than one (1) county
Planned Unit Development
Also known as urban development and it is similar to cluster planning and it integrates several types of zoning to create a community.
Planned Unit Development
uses common areas and green spaces to connect homes.
Planned Unit Development owners do not have any interest or ownership in the common ground as condominium owners do
Environmental Impact Statement
The National Environmental Policy Act of 1969 requires that an Environmental Impact Statement be included when major development began. The local zoning board is required to have this on file.
Items included in the Environmental Impact Statement
- Proposed action
- Environmental effects which can not be avoided should the project be implemented
- Alternatives to the proposed action
- The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity
- Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented
Some of the environmental laws passed by Congress
Clean Air Act and Clean Water Act
A Percolation Test
may be required to test ground water for runoff when wells, septic systems or gasoline tanks are located on the premises.
Onsite Sewage Treatment and Disposal System or OSTDS
refer to a septic system
CERCLA stands for
Comprehensive Environmental Response, Compensation, and Liability Act
The objective of CERCLA is
to clean up uncontrolled releases of specified hazardous substances
What is Radon?
is a naturally occurring, odorless, colorless, tasteless, radioactive gas produced from the radioactive decay of certain elements, found in most soils
What is Mold?
- Is virtually everywhere in Florida, floating in the air and on all surfaces
- The Florida Realtors/Bar contract contains a mold disclosure for potential buyers advising that if they are concerned, they should have a mold inspection.
Restrictions are
Encumbrances
Limiting restrictions
State things you cannot do (no fences, no dog runs, etc.).
Affirmative Restrictions
State things you must follow (set back requirements, minimum square footage, front of house must be brick, etc.).
