Chapter 19: Planning and Zoning

Commercial Zoning

Commercial Zoning is designed to control the intensity of business - This means the type of business and the damage to the area around it - A department store may generate a large amount of hauling, noise & pollution so it needs to be separated from residential buildings Buffer Zones: shelter residential zones from malls by either using multi-family units, light business or professional businesses such as CPA or attorney offices - A Buffer Zone can be also be a strip of land that is a park or greenbelt Parking requirements are essential for commercial use, especially ADA handicap requirements - Cities specify the number of units necessary and how many of them must be handicapped Height and size requirements are important as well - Many cities restrict certain buildings heights based on monuments in that city (aesthetics) or restrict height due to possible natural conditions (hurricanes) or because of earthquake faults **Commercial building may be limited in size and height due to zoning

Development of Regional Impact

Development of Regional Impact: - A "development of regional impact or DRI" is defined as an development in which, because of its character, magnitude or location, would have a substantial effect upon the health, safety or welfare of the citizen of more than 1 county

Directive Zoning

Directive Zoning: - encourages zoning as a planning tool to use land for its highest and best use

City Planning History

Early years of the U.S., cities and counties followed a plan of 'laissez-faire' or let things be In the era of the 1920s, many efforts were made to enact zoning laws to protect the public from loss of life, from substandard housing and from loss of property value - By 1926, the Supreme Court had determined that legally enacted zoning laws were constitutional and for the good of the public - Planning and zoning laws were also designed to protect owners of private property by establishing density of homes (size homes to sq. footage, building permits, etc.)

Enabling Acts

Enabling Acts: - enabling acts establish government agencies to carry out specific policies within specific jurisdictions - Local Level --> effect various forms of land use control are manifested as police power, planning and zoning - Florida has one of the most comprehensive and progressive land use and planning programs in the U.S. - Called the GROWTH MANAGEMENT ACT

Toxic Waste in Soil - Outdoor Environmental Hazards

Hazardous waste is contamination that is dangerous or potentially harmful to one's health or the environment - Hazardous wastes can be liquids, solids, gases or sludge - Waste can consist of discarded commercial products (cleaning fluids or pesticides) or the by-products of the manufacturing processes - Testing of soil is always wise, especially on locations with an industrial history - Former gas stations may have underground storage tanks that were not removed - Soil contamination is the responsibility of BOTH the buyer and seller **If the owner has done nothing to contaminate the property and he sells to a new owner, the original owner would still be responsible for clean up if the buyer found contaminants

Local Planning Board

Local Planning Board: - is an agency made up of citizens from the community, appointed by a county executive or mayor, to review and recommend action for proposed changes in planning and zoning - Volunteer service - Authority of this group includes right to approve or deny subdivision plats, site plan approvals and sign control - City or County employees such as building, zoning, administrators and engineering are available to support the board in its functions

Mold

Mold is virtually everywhere in Florida, floating in the air and on all surfaces - Exposure increases when any indoor moldy material becomes dried, damaged or disturbed - This causes spores and other mold cells to be released into the air and then inhaled - Elevated exposure can also occur if people directly handle moldy materials or accidentally eat mold - Florida Realtors/Bar contract contains a mold disclosure for potential buyers advising that if they are concerned, they should have a mold inspection

Environmental Impact Statement

National Environmental Policy of Act of 1969 requires that there be an Environmental Impact Statement included when major development is begun Items include on an EIS: - the environmental impact of the proposed action - any adverse environmental effects which cannot be avoided should the proposal be implemented - alternatives to the proposed action - the relationship between local short-term uses of the environment and maintenance and enhancement of long-term productivity - any irreversible or irretrievable commitments of resources which would be involved in the proposed action should it be implemented

Flood Insurance

National Flood Insurance Program is a federal program enabling property owners in participating communities to purchase flood insurance against loss from flooding - This insurance is designed to provide an insurance alternative to disaster assistance to meet escalating costs of repairing damage by flooding Participation is based on an agreement between local communities and the Federal gov't -- if a community will adopt and enforce a flood plain management ordinance, the Fed Gov't will make flood insurance available within the community

Math for Lot Sizes

North - 250 feet West - 200 feet South - 250 feet East - 200 feet Minimum of 50 feet of street frontage South - 250 / 50 = 5 Lots

Percolation Test

Percolation Test: - a percolation test may be required to test ground water for runoff when wells, septic systems or gasoline tanks are located on the premises

Planned Unit Development

Planned Unit Development: - also called planned urban development - Type of planning is similar to cluster planning and it integrates several types of zoning to create a community - One may find zero lot homes, estate homes, condos, commercial and industrial properties - PUD uses common areas and green spaces to connect homes - Often managed by a Homeowner's Association within a Master Association which manages the landscapes, security, and amenities which may be shared between smaller associations - In most cases, the owner within the complex will own their own land - PUD owners DO NOT HAVE ANY INTEREST or OWNERSHIP in common ground as condo owners do - Common Areas are owned by the association corporation rather than the owners - Each owner of property in a PUD has all the rights of ownership inherent in their deed > deeds however may be restricted as to specific requirements for maintenance very similar to a simple HOA

Police Power

Police Power: is the right of state and local governments to intervene on behalf of the public's safety and protection as may be needed with private property Examples: - Planning and zoning - Codes that regulate building construction - Subdivision regulations - Environmental protection legislation In every community, there should be some type of local planning conducted on a regular basis

Restrictions

Private Land Use is controlled by the grantor (seller, builder) of the deed - Grantor (seller) decides how the Grantee (buyer) can use the property - Grantor creates deed restrictions which limit the use of the property -- ENCUMBRANCES on the property Limiting Restrictions: state things you cannot do (no fences, no dog) Affirmative Restrictions: state things you must follow (set back requirements, minimum square footage, etc.) Courts enforce restrictions and disputes between neighbors/violations

Florida's Growth Management Act of 2011

Purpose of Growth Management Act: - is to encourage compact development and LIMIT urban sprawl - It requires local governments to created planning consistent with a statewide land-use plan 2 Major Provisions: + All local comprehensive plans put land into zones + Infrastructure (such as city streets, water services, fire services and sewer management) will be in place concurrently with land development ** The Concurrent Provision of this act means that planning has to be done before development occurs -- ensures protection **In addition, each city and county MUST establish a local planning agency made up of local citizens with NO professional training in planning -- 3 advisors

Residential Zoning

Purpose of residential zoning is to control density -- number of dwellings per acre - To do this, zoning uses 3 things: 1. 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 as one home per 3 acres, depending on the developer 2. Set Back: - minimum distances between the lot line and the building line - These restrictions are sometimes by city zoning and sometimes by subdivision covenants - Set back lines are on the FRONT of a property, where side-yard restrictions are along the sides - NOTHING can be built between the set back line and the lot line 3. Lot Coverage: - this is usually expressed in a ratio Example: property must be 2 times the size of the home -- prevents overcrowding and reduces density (1/2 ratio) - This ratio is called the Floor Area Ratio

R-Value

R-Value: - is a specific measurement value for building insulation or soils for building construction and pavements - It further describes building materials as they apply to thermal and moisture protection - The American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) provides R-Values of building materials in their 1997 Handbook of Fundamentals

Radon

Radon: is a naturally occurring, odorless, colorless, tasteless, radioactive gas produced of certain elements found in most soils - Radon is the second leading cause of lung cancer in the U.S. after smoking -- leading cause among non-smokers - Radon is responsible for more than 21,000 lung cancer deaths per year - 1 in 5 Florida residences have elevated radon levels - Radon Disclosures are required in Florida Contracts as part of the general disclosures area

Lead-Based Paint

Residential Lead-Based Paint Hazard Reduction Act: - require affirmative action on the part of the sellers, landlords, and real estate agents and renovators disturbing more than 2 square feet of old paint in houses built BEFORE 1978 - This ensures that lead-based paint hazards are addressed in the sale and leasing of homes and apartments constructed prior to 1978 - Disclosure is MANDATORY - EPA's Renovation, Repair and Painting Rule (RRP) requires that firms performing renovation, repair or painting projects that disturb lead-based paint in pre-1978 homes be certified by EPA and that they used certified renovators - Must distribute pamphlets

Septic Systems - Outdoor Environmental Hazards

State of Florida regulations refer to a septic system as an "Onsite Sewage Treatment and Disposal System or OSTDS" - It is declared to be the public policy of this state to conserve the waters of the state and to protect water supplies, for the propagation of wildlife, fish and other aquatic life, and for domestic, industrial, recreational and other beneficial uses and to provide that no waste be discharged into any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water

Structural Damage

Structural Damage can be created by many causes: - Hurricanes and tropical storms may damage areas that are not visible until much later - SINK HOLES in FL have becomes areas of concern for many buyers -- holes may have been filled and are covering problems that are not visible

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

The objective of CERCLA is to clean up uncontrolled releases of specified hazardous substances - A 1980 law commonly known as Superfund authorizes the EPA to respond to releases, or threatened releases, of hazardous substances that may endanger public health, welfare or the environment - CERCLA also enables the EPA to force parties responsible for environmental contamination to clean it up or to reimburse the Superfund for response or remediation costs incurred by the EPA - The Dept. of Energy requires specific disclosures and report when any Federal site is transferred to the public per CERCLA section 120

Chemical Contamination - Outdoor Environmental Hazards

There are some residential properties which have been subject to methamphetamine production - Producing "Meth" or even smoking within a house leaves behind some dangerous chemicals that saturate walls, ceilings, floors and carpets as well as leaving mercury, lead, iodine, lithium and poisonous solvents - Each pound of meth leaves behind 5-6 pounds of poisonous waste - Cleanup can be expensive

Elements Needed Under Growth Management Act

These elements include: - 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 **Plan must be implemented by adopting sufficient land-use control ordinances and capital improvement programs -- Optional elements include: historical, scenic preservation and public buildings Concurrency allows new development ONLY after a minimum of public infrastructure is in place around the development site

Special-Use Zoning

This type of zoning is most often for Churches or hospitals or other community buildings - The special use is determined on a case by case basis based on intent of the group applying for the permit - A church building primarily used for worship is different than a church with a school and gymnasium that is used every day for long hours

Wood-Destroying Insects

Those that eat wood: Termites and wood-boring beetles Those that use wood for shelter: Carpenter ants and bees **Damage is caused by immature termites known as "nymphs" by the larvae or grubs of the wood-boring beetles, and by adult ants and bees - Buyers should request a WDO inspection when purchasing a home

Agricultural Zoning

Type of zoning is meant to PRESERVE AGRICULTURAL LAND - it is the simplest form of zoning and is the most basic of all types of zoning

Water Supply - Outdoor Environmental Hazards

Water Supply: - Drinking water is provided to homes either through a public supply or a well - Home that use wells for drinking water DO NOT fall under EPA guidelines -- homeowners must have them checked periodically - A public water system is one that provides water to 25 or more people for at least 60 days each year or serves 15 or more service connections - These systems may be publicly or privately owned and operated - Public drinking water is managed by Florida Dept. of Environmental Protection

Wood-Destroying Organisms

Wood-inhabiting fungi are small plants that lack chlorophyll and use wood as their food source - As they grow, they weaken the wood leading to structural problems - Keys to prevent this are keeping the wood dry or have a builder use preservative-treated or naturally resistant heartwood or select species

Adaptation of Zoning Ordinances

Zoning Ordinances must NOT violate the rights of individuals and property owners - Power must be exercised in a reasonable manner - Provisions must be clear and specific - Ordinance must be free from discrimination - Ordinance must promote public health, safety and general welfare under the police power concept - Ordinance must apply to all property in a similar manner

Zoning, Land Use and Classifications

Zoning falls under the category of Police Power which is granted by Congress, to the states and local governments Zoning Purpose: is to promote public health, safety and general welfare 5 Basic Categories of Zoning: 1. Residential 2. Commercial 3. Industrial. 4. Agricultural 5. Special-Use

Industrial Zoning

Zoning for industry is concerned about the environment as well as the impact on a neighborhood Most often, a city will require an Environmental Impact Statement before granting a permit to build - Problems of noise pollution, smoke, steam, and chemicals can impact the area - Traffic flow, employment history and future use are also factors in approving zoning to build new industrial projects - Some cities are creating industrial parks to designate all industry in one area -- built specifically to the needs of industry with heavy-duty utilities for industry, water and power

Fannie Mae's Definition of a PUD

" A planned unit development that has a minimal amount of common property and improvement (which have little effects on the value of the individual units in the development) to the point that the owner's association has minimal financial responsibility for maintaining the common property and improvements" Fannie Mae uses a standard appraising form to determine the value of PUD instead of a special condo appraisal form that condos use

Asbestos - Outdoor Environmental Hazards

- Asbestos has been used in a variety of building construction materials for insulation and as a fire retardant due to its fiber strength and heat resistance - Asbestos has also been used in a wide range of manufactured goods, mostly in building materials (roof shingles, ceiling & floor tiles, paper products) - 1989: EPA issued a final rule under Toxic Substances Control Act (TSCA) banning most asbestos-containing products - However, in 1991, this rule was overturned

Goals of Planning & Zoning

- Savings of tax money by preventing urban sprawl - Adequate provisions of services such as fire, police and libraries - Providing fo r road right-of-ways and setbacks - Protection against costly drainage, flooding or environmental problems - Protection for the public from harm in sub-standard housing - Reduction in political and equity problems in landfills, prisons, etc. - Reduction in cost for major catastrophes such as earthquakes, tornados and fire

Flood Insurance Cont'd

A Special Flood Hazard Area is identified by FEMA in Flood Hazard Boundary Maps Special Flood Hazard Area (SFHA): any land that would be inundated by having 1% chance of occurring in any given year -- base flood Development within SFHA must be restricted so as not to obstruct the natural flow of flood waters and residential property must have the first floor ABOVE the Base Flood Elevation - Over 40% of National Flood Insurance are in Florida

Environmental Protection Leglisation

A number of environmental laws have been passed by Congress and the states to protect citizens and the environment Examples: - Clear Air Act - Clean Water Act Many states have enacted laws that prevent builders or others from constructing septic tanks or other disposal systems in certain areas, particularly where public bodies such as streams, lakes, rivers and public water sources are concerned

Exceptions to Zoning

A. Variance: - obtaining a variance is a process - It is granted when an owner has a current area that falls outside of existing requirements - Variance may be granted if the deviation will NOT harm or devalue surrounding property - Owner must show that the current zoning requirements place an undue hardship or burden on his property Example: narrow lot where the owner cannot build because of setbacks B. Non-Conforming Use: - this use was once allowed under previous zoning law, but zoning changed and the property use did not Example: old dairy farm with new homes built around it C. Special Exception: - special exception is a use exception, often called spot zoning Example: homeowners do not want to travel 10 mile to the grocery store, and petition local authorities to allow commercial use in the residential area

Math For Lots

Acres Allotted to Streets & Parks ---------------------------------------- Total Acres | % Ex 1: 1/4 to shopping = 14 acres 1/4 to streets & parks = 14 acres 1/2 to housing = 28 acres 28 + 14 + 14 = 56 acres Total 1/4 shopping = 14 acres 14 x 2 = 28 or 1/2 Ex 2: 60 acre plot 20% of property will go to streets, sidewalks, and parks 10% will be given o build a school 60 x 30% or. 3 = 18 60-18 = 42 42 x 2 (1/2 acre lots) = 84 Lots

Aesthetic Zoning

Aesthetic Zoning: - requires that new buildings conform to specific types of architecture (% of brick on the front, all colonial, etc.)

Building Codes

Building Codes: - are commonly used to determine WHAT should be built and HOW it should be built - based on BOCA codes (nationwide Building Code Adoption) -- code used by builders and developers everywhere and enforced by cities, or other codes established to protect the public from shoddy building - Building codes include electrical codes, plumbing and fire codes, all designed to protect the public from harm **Building Codes set MINIMUM standards by regulating and controlling the construction, quality, use and occupancy and maintenance of buildings - Building codes require inspections at various levels of construction - Progress on a building may be stopped by an inspector if the work currently being done is not meeting code

Building Permits

Building Permits: - are written permission, given by a city or county, to build, repair or demolish a building - This process assures the city or county that the work will be done to code - A building permit is obtained BEFORE the start of the project - Architectural drawings and blueprints may be required as well as specifications for plumbing, wiring and electricity - Building permits are also a form of taxing since there is a fee to obtain a building permit

Bulk Zoning

Bulk Zoning: - controls density and avoids overcrowding such as restrictions on setback, building height, and percentage of open area as its primary purpose

Certificates of Occupancy

Certificates of Occupancy: - 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 - Health ordinances also call for each unit having water and heat - Health ordinances are under the guidance of the local health board

Subdivision Regulations

Cities control Subdivision Construction as part of the Master Plan - Examples: 1. Location, grading, surfacing, width of streets, highways 2. Installation of sewers and water mains 3. Minimum dimensions of lots and lengths of blocks 4. Building and setback lines 5. Areas reserved for public use such as schools or parks 6. Easements for public utilities Case where grantor's restrictions and covenants are more restrictive than the city's regulations -- MORE RESTRICTIVE WILL GOVERN

The Master Plan

City or county must have a MASTER PLAN to begin to administer its zoning Master Plan: - this plan is a comprehensive 5-10 year plan that anticipates the growth and expansion of the city, where schools & parks will be located, what the traffic pattern will be, etc. - In Florida, this must also meet the regional plan so that the Growth Management Act will be followed