Chapter 19 - Planning, Zoning, and Environmental Hazards

Key goals and benefits of land use planning

Create social and economic development, reduce cost of growth, allow maximum number of properties to reach their highest and best use, prevent loss of value from incompatible uses

The three levels of planning

1. Local

2. Regional
   (inter-jurisdiction)

3. State

The level of planning in Florida that has the authority for comprehensive planning and future development

Local government (counties and municipalities) via a local planning agency

The local entity that develops the comprehensive plan and makes recommendations to the governing body for adoption of the plan and amendments

Local planning agency; May be a local planning commission, the planning department of the local government, or other local or countywide entity

The three areas of local planning agency authority

1. Review and approval of site plans

2. Sign control
   (size and placement)

3. Subdivision plans
   (plat map)

The elements of a site plan

• How the land will be developed

• Location of buildings

• Parking

• Traffic control

• Landscaping

The concurrency elements that must be addressed with every comprehensive plan

• Sanitary sewer

• Solid waste

• Drainage

• Potable water

Types of studies performed in the development of a comprehensive plan

• Population

• Thoroughfare

• Physiographic

• Economic base analysis

• Existing land use

• Recreation and community facilities

Elements of a population study

Examines trends in population and demographics such grown in the number of households to help plan for roads, schools, police, fire, and other services

Elements of a thoroughfare study

Examines the existing system of streets, highways, and traffic patters to determine future needs; Involves multiple levels of government

Elements of a physiographic study

Examines soil types and load-bearing capacity of the land to determine suitability for building types and agricultural use; Area maps are prepared

Elements of an existing land use study

Identifies how the land is currently used to identify growth patterns and trends and best future use

Elements of a recreation and community facilities study

Analyzes existing facilities to determine the ability to provide services in the future based on information from the population study

Required planning elements in a comprehensive plan

• Future land use

• Transportation

• Water, sewer, and solid waste

• Conservation

• Recreation

• Housing

• Coastal zone protection

• Intergovernmental coordination

The term that refers to a measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre

Density

The term that refers to a measurement of the extent to which land may be developed or used, including space above, on, or below ground

Intensity; Also a measurement of the use or demand on natural resources, facilities, and services

The term that refers to the division of land into separate categories of legally permitted uses

Zoning

The five different zoning categories of land use

Residential, commercial, industrial, agricultural, and special purpose (public zoning)

The authority (power of government) to enforce zoning regulations

Police power; Derived from the U.S. Constitution to preserve the health, safety, morals, and general welfare of its communities and citizens

The purpose of zoning

Protect owners from loss in value due to the encroachment of undesirable uses of contiguous land and ensure future uses are compatible

The effect of density limits in residential zoning

Limits the number of dwelling units that are allowed per acre; Controlled with lot size, setbacks, and lot coverage percentage limits

The effect of intensity on commercial or industrial zoning

Controls the extent to which land can be used, including parking requirements, size and height. Limits pollutants, air emissions, wastewater discharges, noise, odor, etc.

Examples of special use zoning

Government-owned land for use as schools, courthouses, and other public facilities

The entity created by local governments to provide zoning flexibility by conducting public hearings that deal with individual zoning requests or changes in zoning classification

Zoning board of adjustment

The type of zoning adjustment board request to vary from the specific or literal interpretation of the current zoning ordinance due to an undue hardship on the owner

Variance; 

Example: Zoning requires a minimum of 7,500 sq. ft. for building permit and the owner’s lot is only 7,400 sq. ft. – A variance could allow construction

The type of zoning adjustment board request to depart from the current zoning ordinance by allowing a use that is not undesirable of incompatible

Special use; 

Example: A church might be considered a special exception in a residential neighborhood

The term that refers to a property that predates current zoning and is not in compliance with current zoning

Nonconforming use

The term for a property that was changed from a conforming to nonconforming use due to a change in the zoning ordinance

Legally nonconforming; Each zoning ordinance contains a section that prescribes the conditions under which the nonconforming use may continue

Grandfathering

the legal permission to continue a nonconforming use

The term for a property that did not predate current zoning and is in violation of existing zoning ordinances

Illegal nonconforming use; Occurs if the owner changes the use without the necessary zoning changes, variances, or special exceptions

The name for the set of minimum standards for building design and construction that become law when enacted by the governing authority

Building codes, which cover every aspect of construction such as electrical, plumbing, roofing, and fire protection

The authorization required for new construction or renovation before construction of a new or existing building can legally occur

Building permit; Usually requires submittal of plans that must comply with the local building codes before a permit is issued

The purpose of building inspections

To ensure that construction is being completed in accordance with the approved plans and in compliance with the building code

Certificate of Occupancy (CO)

The name for the final authorization for occupancy of a structure after construction is complete and the final inspections are passed

The name for any development that, due to its character, magnitude, or location that would have a substantial effect on the health, safety or welfare of citizens of more than one county

Development of regional impact (DRI); Guidelines are established by the state

The name for a large tract of land that may combine residential single-family, multi-family, zero-lot line, patio home, and other uses, along with a common area usage

Planned unit development (PUD); May even include commercial or light industrial use and buffer zones

The federal government agency that identifies flood hazard areas and floodplain zone designations to identify flooding potential

Federal Emergency Management Agency (FEMA)

The four flood areas, or zones, designated by FEMA to identify the potential for flooding in any given area

1. Zone V

2. Zone A

3. Zone B

4. Zone X

The special flood zone that has the highest probability of flooding and are subject to the highest flood insurance rates

Zone V; 

Identifies the wave velocity zone that follows the coastline and into river mouths, bays, and estuaries

The flood zone that is a minimal hazard and is not considered to be a flood hazard zone

Zone X; 

This does not mean the area will never flood – it means there is a low probability that is will flood

The special flood zone with a high potential for flooding and identifies a 100-year floodplain

Zone A; 

Usually near a lake, river, stream, or other body of water

The moderate flood hazard area that identifies the 500-year floodplain

Zone B; 

May be areas protected by levees or shallow flooding areas with average depths of less than one foot

The purpose of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund”

To address abandoned hazardous waste sites, giving the EPA the power to seek out those parties responsible and assure their cooperation in cleanup