Section 17: Zoning and Planning in Florida

Question 1

Buffer zone

Answer 1

Land set aside by planners to act as a separation between conflicting zones.

Question 2

Incentive Zoning

Answer 2

Incentive zoning is when a municipality allows an otherwise prohibited type of construction if the developer will give the
municipality something back.

Question 3

At what level of government are budgeting, site plan review, and building codes controlled?

Answer 3

Local

Question 4

Within Flroida’s Community Planning Act, the concurency requirement refers to…

Answer 4

The requirement for a local government to have enough infrastructure already in
place to serve any proposed development

Question 5

If someone wants to open a business but lives in a neighborhood that isn’t zoned for home occupations, what can the owner get?

Answer 5

A Special Use Permit

Question 6

The act of property owners donating their property for use by the public is called…

Answer 6

Dedication

Question 7

The area variance allows a property owner…

Answer 7

A use that would not normally comply with physical or dimensional requirements

Question 8

What purpose does bulk zoning serve?

Answer 8

Bulk zoning restricts the density of buildings in an area through practices like setbacks and open
space requirements.

Question 9

What is a Comprehensive Master Plan?

Answer 9

A local planning board document that outlines the community’s long-term needs and provides
guidance on capital budgeting for those needs

Question 10

When are the zoning ordinences created?

Answer 10

After the master plan proposal has been approved by the community and planning board.

Question 11

What is the point of Area Economic Base?

Answer 11

Studying an area’s economic base helps determine the base industries that affect employment in the area.

Question 12

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?

Answer 12

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.

Question 13

What is concurrency?

Answer 13

Concurrency refers to the requirement for a local government to have enough infrastructure already in place to serve any
proposed development (any building activity).

Question 14

The four categories of government controls

Answer 14

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

Question 15

Police Power

Answer 15

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

Question 16

Special Use Zones

Answer 16

Special use zones zoning regulations. are usually reserved for government-owned properties, such as public open spaces, parklands, recreational
areas, and government institutional buildings

Question 17

Institutional areas

Answer 17

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.

Question 18

Open space

Answer 18

• not developed and will remain that way.
• Could be privately held or government owned.
• Might be agriculture, shoreline, parks, lakes or evecn a path

Question 19

Institutional areas

Answer 19

zoned for hospitals, jails, courthouses, colleges, public school

Question 20

Sunshine Laws and Local Land Use

Answer 20

• Public is welcome to attend any government meeting on zoning
• Public has a right to view records (meeting minutes, etc)

Question 21

Moratoriums

Answer 21

Put a halt to new building for a certain amount of time.
Example - public school overcrowded so they stop residential building in the area.

Question 22

Variance

Answer 22

• Permitted deviation in the requirements of the zoning ordinance
• Could be a change in the length of a setback or something far more significant.

Question 23

Use Variance

Answer 23

• Allows land owner to use the land for a purpose it isn’t zoned for
• Has to meet 4 specific criteria

1. Property’s economic benefit or use is eliminated due to current zoning
2. Hardship must be unique to this property
3. Requested variance must not alter the essential character of the neighborhood
4. Claimed hardship must not be self-inflicted

Question 24

Special Use Permit

Answer 24

• 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

Question 25

Nonconforming Use

Answer 25

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.

Question 26

Community Development Districts (CDD)

Answer 26

* 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

Question 27

Developments of Regional Impact

Answer 27

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

Question 28

Purpose fo the Interstate Land Sales Full Disclosure Act

Answer 28

* 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.

Question 29

What's it called when a development will have substantial impact on an area that affects more than one county?

Answer 29

Development of Regional Impact

Question 30

What characterizes a development of regional impact?

Answer 30

It substantially affects more than one county

Question 31

In Florida, a [ ] is a local unit of government designed to manage the infrastructure required to support community development.

Answer 31

Community Development District

Question 31

What agency administers the Interstate Land Sales Full Disclosure Act

Answer 31

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.

Question 32

Which of the following must developers register with the Consumer Financial Protection Bureau?

Answer 32

* 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.

Question 33

Interstate Land Sales Full Disclosure Act

Answer 33

* 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

Question 34

The Clean Water Act requires authorization from the [ ] before dredging or filling into waters of the U.S.

Answer 34

U.S. Army Corps of Engineers

Question 35

If an area is designated as an area of crtiical concern, what does that likely mean for developers?

Answer 35

Additional permits, if the land is open to development at all.

Question 36

Species habitat, beauty, erosion control, and pollution treatment are all reasons why wetlands are...

Answer 36

protected

Question 37

Florida Coastal Construction Control Line

Answer 37

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.