Chapter 19 Flashcards

1
Q

What is Laissez Faire?

A

It means to let things be

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2
Q

What is the Growth Management Act?

A

It is Florida’s land use program

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3
Q

The goals of planning and zoning are:

A
  1. Savings of tax money by preventing urban sprawl,
    adequate provisions of services such as fire, police and libraries,
  2. Providing for road right-of-ways and setbacks,
    protection against costly drainage, flooding or environmental problems,
  3. Protection for the public from harm in substandard building,
  4. Reduction in political and equity problems in landfills, prisons etc.,
  5. Reduction in cost for major catastrophes such as earthquakes, tornados and fire.
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4
Q

What is Police Power?

A

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.

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5
Q

Example of Police Powers are:

A
  1. Planning
  2. Zoning
  3. Codes that regulate building construction
  4. Subdivision regulations
  5. Environmental protection legislation
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6
Q

What is the purpose of the Growth Management Act?

A

encourages compact development and limit urban sprawl

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7
Q

Growth Management Act has two major provisions:

A
  1. All local comprehensive plans put land into zones; and
  2. Infrastructure (such as city streets, water services, fire services and sewer management) will be in place concurrently with land development.
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8
Q

What does the concurrent provision means within the Growth Management Act?

A

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.

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9
Q

In addition the Growth Management Act provisions

A

that each city and county must establish a local planning agency, made up of local citizens with no professional training in planning.

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10
Q

Elements needed under growth management as far as planning in the surrounding areas:

A
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
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11
Q

What is zoning?

A

Falls under police power and the purpose is to promote public health, health and general welfare

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12
Q

There are five categories of zoning:

A
Residential
Commercial
Industrial
Agricultural
Special use
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13
Q

Exceptions to common zoning are allowed under three common options

A

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

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14
Q

Zoning is used to control density via three alternatives

A

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.

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15
Q

Buffer Zones

A

Shelters residential zones from malls and other commercial institutions

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16
Q

Industrial zoning includes

A

Environment as well as impact in the neighborhood

Agricultural zoning

Special use zoning

17
Q

Building codes

A

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

18
Q

What is R-Value?

A

It is a specific measurement value for building insulation or soils for building construction, quality, use, occupancy

19
Q

Building Codes

A

set minimum standards by regulating and controlling the construction, quality, use and occupancy, and maintenance of buildings

20
Q

Certificate of Occupancy

A

are issued by the city or county when the building has been completed to code and ready for occupancy.

21
Q

Health Ordinances

A

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.

22
Q

Other types of zoning

A

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

23
Q

What is the Master Plan?

A

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.

24
Q

Development of Regional Impact

A

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

25
Q

Planned Unit Development

A

Also known as urban development and it is similar to cluster planning and it integrates several types of zoning to create a community.

26
Q

Planned Unit Development

A

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

27
Q

Environmental Impact Statement

A

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.

28
Q

Items included in the Environmental Impact Statement

A
  1. Proposed action
  2. Environmental effects which can not be avoided should the project be implemented
  3. Alternatives to the proposed action
  4. The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity
  5. Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented
29
Q

Some of the environmental laws passed by Congress

A

Clean Air Act and Clean Water Act

30
Q

A Percolation Test

A

may be required to test ground water for runoff when wells, septic systems or gasoline tanks are located on the premises.

31
Q

Onsite Sewage Treatment and Disposal System or OSTDS

A

refer to a septic system

32
Q

CERCLA stands for

A

Comprehensive Environmental Response, Compensation, and Liability Act

33
Q

The objective of CERCLA is

A

to clean up uncontrolled releases of specified hazardous substances

34
Q

What is Radon?

A

is a naturally occurring, odorless, colorless, tasteless, radioactive gas produced from the radioactive decay of certain elements, found in most soils

35
Q

What is Mold?

A
  1. Is virtually everywhere in Florida, floating in the air and on all surfaces
  2. The Florida Realtors/Bar contract contains a mold disclosure for potential buyers advising that if they are concerned, they should have a mold inspection.
36
Q

Restrictions are

A

Encumbrances

37
Q

Limiting restrictions

A

State things you cannot do (no fences, no dog runs, etc.).

38
Q

Affirmative Restrictions

A

State things you must follow (set back requirements, minimum square footage, front of house must be brick, etc.).