Section 17: Zoning and Planning in Florida Flashcards
Buffer zone
Land set aside by planners to act as a separation between conflicting zones.
Incentive Zoning
Incentive zoning is when a municipality allows an otherwise prohibited type of construction if the developer will give the
municipality something back.
At what level of government are budgeting, site plan review, and building codes controlled?
Local
Within Flroida’s Community Planning Act, the concurency requirement refers to…
The requirement for a local government to have enough infrastructure already in
place to serve any proposed development
If someone wants to open a business but lives in a neighborhood that isn’t zoned for home occupations, what can the owner get?
A Special Use Permit
The act of property owners donating their property for use by the public is called…
Dedication
The area variance allows a property owner…
A use that would not normally comply with physical or dimensional requirements
What purpose does bulk zoning serve?
Bulk zoning restricts the density of buildings in an area through practices like setbacks and open
space requirements.
What is a Comprehensive Master Plan?
A local planning board document that outlines the community’s long-term needs and provides
guidance on capital budgeting for those needs
When are the zoning ordinences created?
After the master plan proposal has been approved by the community and planning board.
What is the point of Area Economic Base?
Studying an area’s economic base helps determine the base industries that affect employment in the area.
What Florida requirement states that infrastructure must be in place for certain public services prior to
the initiation of new development for a given area?
Concurrency
Concurrency refers to the requirement for a local government to have enough infrastructure in place to serve any proposed development (any building activity). The infrastructure for management of certain aspects of the development should not be developed afterward, but must exist concurrently with (at the same time as) the building of the new development.
What is concurrency?
Concurrency refers to the requirement for a local government to have enough infrastructure already in place to serve any
proposed development (any building activity).
The four categories of government controls
Acronym “PETE”
- Police power - the government’s power to do what it must to ensure the health, safety, and welfare of its citizens
- Eminent domain - the power to take private land for public use
- Taxation - the power to levy taxes for public works
- Escheat - government taking of land when a property owner dies without a will or heirs
Police Power
The government’s authority at the federal, state and local level to do what it can to ensure the health, safety and welfare of its citizens.
- Zoning
- Subdivision development
- Budgeting
- site plan review
- Building codes
Special Use Zones
Special use zones zoning regulations. are usually reserved for government-owned properties, such as public open spaces, parklands, recreational
areas, and government institutional buildings
Institutional areas
zoned for hospitals, jails and prisons, courthouses, college campuses, and public schools. It’s often
possible for institutional use to be permitted in a residential or commercial zone, depending on the zoning ordinance.
Open space
- not developed and will remain that way.
- Could be privately held or government owned.
- Might be agriculture, shoreline, parks, lakes or evecn a path
Institutional areas
zoned for hospitals, jails, courthouses, colleges, public school
Sunshine Laws and Local Land Use
- Public is welcome to attend any government meeting on zoning
- Public has a right to view records (meeting minutes, etc)
Moratoriums
Put a halt to new building for a certain amount of time.
Example - public school overcrowded so they stop residential building in the area.
Variance
- Permitted deviation in the requirements of the zoning ordinance
- Could be a change in the length of a setback or something far more significant.
Use Variance
- Allows land owner to use the land for a purpose it isn’t zoned for
- Has to meet 4 specific criteria
- Property’s economic benefit or use is eliminated due to current zoning
- Hardship must be unique to this property
- Requested variance must not alter the essential character of the neighborhood
- Claimed hardship must not be self-inflicted
Special Use Permit
- Wants to use property in a way that isn’t in accordance with zoning regulations but would provide a service that’s in the public’s best interest (like a golf course)
- Requires a public hearing
Nonconforming Use
When zoning is first placed in an area or an area is rezoned to new zoning regulations, any existing uses that don’t comply with the zoning are grandfathered in.
Community Development Districts (CDD)
- local governmetnal units established to manage and finance the infrastructure required to support community development
- concurrency principle requires gov’t to have enough infrastructure to serve and proposed developemtn
- Financed through tax assessments paid by residents
Developments of Regional Impact
Because of its character, magnitude, or location, would have a substantial effect upon the environment, health, safety, or welfare of citizens of more than one county is known as a Development of Regional Impact
Purpose fo the Interstate Land Sales Full Disclosure Act
- To protect onsumers from fraudulent purchases
- The act requires registration with the Consumer Financial Protection Bureau, and disclosure to buyers. Its purpose is to protect buyers from fraudulent sales of land that have been purchased sight unseen.
What’s it called when a development will have substantial impact on an area that affects more than one county?
Development of Regional Impact
What characterizes a development of regional impact?
It substantially affects more than one county
In Florida, a [ ] is a local unit of government designed to manage the infrastructure required to support community development.
Community Development District
What agency administers the Interstate Land Sales Full Disclosure Act
Consumer Financial Protection Bureau
CFPB administers the act to protect consumers from the fraudulent sale of property sight unseen through the regulation of land sales across state lines.
Which of the following must developers register with the Consumer Financial Protection Bureau?
- Any subdivisions that havec 100 or more nonexempt lots
- To prevent fraudulent activity, developers have to register with the Consumer Financial Protection Bureau any subdivisions that have 100 or more nonexempt lots.
Interstate Land Sales Full Disclosure Act
- Regulates land sales across state lines to keep fraudsters from selling property to unsuspecting consumers sight unseen
- Consumer Financial Protection Bureau oversees it
- Developers have to register any subdivisions that have 100 or more non-exempt lots
- Before buyer signs, developer has to give disclosure containing info about subdivision
- Buyer has 7 day period to cancel purchase agreement
The Clean Water Act requires authorization from the [ ] before dredging or filling into waters of the U.S.
U.S. Army Corps of Engineers
If an area is designated as an area of crtiical concern, what does that likely mean for developers?
Additional permits, if the land is open to development at all.
Species habitat, beauty, erosion control, and pollution treatment are all reasons why wetlands are…
protected
Florida Coastal Construction Control Line
a boundary line that indicates where construction cannot cross on Florida’s coast line. If a building does cross that line and is subsequently damaged, it might not be rebuilt on the same footprint.
