LDRs + Maps

Question 1

State the 4 Mandatory Inclusions in LDRs.

Answer 1

LDRs Mandate that after SUDS, you might PARK on INFRASTRUCTURE in a WELLFIELD.
———–
Must include:
a. Regulate SUDS: subdiv, use, drainage, signage.
b. Protect environ + water wellfields.
c. Provide public facilities, services, traffic + parking.
d. Maintain existing resid density w/ infrastructure.

Question 2

Zoning - is it mandatory?

Answer 2

No. Zoning is optional

Question 3

What is Court’s standard re: LDRs + Land Use restrictions?

Answer 3

Presumptively valid if consistent w/ CP or bears a rational relationship to a legitimate public purpose.

Question 4

FLUM is a required part of ________ and identifies __________.

Answer 4

CP.
Range of uses appropriate for a property within the CP time frame, often 20 years.

Question 5

Is a zoning map required? What does it serve?

Answer 5

a. Not required
b. I.D.s properties’ permitted uses at the present time.

Question 6

Site Plan Review
What type of zoning is it for? Where is approval obtained?

Answer 6

PUD zoning & at times special use.
1. Gov body must approve site plan @ public hrg.
2. Can approve conditionally.
3. Level of detail varies from jurisdictions.

Question 7

What are the 3 types of zoning categories you could see on a Zoning Map?

Answer 7

3 types of zoning categories.
a. Standard zoning category.
b. PUD zoning category.
c. Overlay zoning, superimposed over other to limit certain uses.

Question 8

Do approved site plans transfer?

Answer 8

Not automatically.
No automatic transfer of development rights allocated to the parent parcel if only title is conveyed at the time of transfer. Howard v Murray, 184 So.3d 1155 (Fla. 1st DCA 2015)

~~somewhat similar, Bert Harris claims remain w/ O if conveys before resolution~~

Question 9

Can a permit be held up for Applicant obtaining state/fed permits/approvals?

Answer 9

No unless the agency has previously issued a final denial.

Question 10

Name 5 things that must be in LDRs + 1 thing that need not.

Answer 10

1) Parking.
2) Signage.
3) Wellfields
4) Subdivisions
5) Environmentally sensitive.
———–
1) Zoning map.

Question 11

Which of these are not required to be in the Land Development Regulations?
A. Signage regulations.
B. Vehicular parking provisions.
C. Subdivision regulations.
D. A zoning map.

Answer 11

D. Zoning map.

Question 12

The 1996 Telecommunications Act prohibits:
A. The regulation of the placement of personal wireless service facilities.
B. Moratoria on the regulation of personal wireless service facilities.
C. Regulation which prohibits personal wireless service facilities.
D. All of the above.

Answer 12

C. prohibition

~I always answer ‘b’ moratoria. But a reasonable length of moratoria is permissible.