planning, zoning and environmental hazards
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CHAPTER 19Planning, Zoning and Environmental Hazards
SALES ASSOCIATE COURSE
• Planning in U.S. dates back to the colonial period
• Government did not interfere in economic affairs In the 1800’s due to an attitude of Laissez-faire (hands-off)
• Supreme Court ruling (1926) that zoning was legal based on the overriding benefits to the community
Government Planning
• Planning attempts to regulate growth • Create optimal social and
economic environment• Maximize number of
properties that achieve highest and best use
• Ensure adequate provision of services
• Reduce cost of growth• Prevent losses in value
due to non compatible uses
Planning Goals
• Local• Counties or municipalities• Regulatory authority of
use of land• Local planning agency
• Regional• Land use planning• Infrastructure
• State• Provides standards and
processes• Ensures that infrastructure
is included in plans
Florida’s Comprehensive Plan
• Florida Growth Management Act
• Requires that local governments develop land use plan
• Coordinate with surrounding localities
• Goal: limit and control growth
• Infrastructure must be in place before building permits issued
Florida’s Growth Management Act of 1985
Concurrency
• Minimum level of infrastructure• Sanitary sewer• Solid waste• Drainage• Potable water
Authority of the Local Planning Agency
• Authority in three areas:• Site plans• Sign control• Subdivision plan approval
Preparing the Comprehensive Plan
• Population• Demographic - most important
• Thoroughfare• Existing roadway system
• Physiographic• Soil types and load-bearing capacity
• Economic Base - existing industries• Basic, primary, or "export" economic activities -
brings money into area• Service, or secondary economic activities -
recirculates money in the community. E.g. restaurants, bank branch office
• Existing Land-use • Inventory of land• Identifies trends• Provided basis for
future planning• Recreation and
Community Facilities • Inventory of public
facilities such as parks & convention centers
• Anticipate future needs
• Plan must be flexible
Preparing the Comprehensive Plan
Police power
• Promotes the health, safety and welfare of the citizens
• Primary tool to implement the Comprehensive PlanZoning, Land Use
Restrictions, and Building Codes
• Residential• Based on density (units
per acre)• Commercial
• Based on degree of intensity (Type and amount of traffic)
• Industrial• Based on degree of
intensity • Bulk zoning – height and
total land coverage required
Zoning Classifications
Zoning Categories
• Agricultural• Type is not classified, livestock or crops
• Special Use (public) zoning• Government owned • Schools, courthouse, parks, etc.
• Provides flexibility• Variance
• Request to vary from literal interpretation:• Owner must show
undue hardship• Cannot be self-imposed
• Board must apply same fair standards to all applicants
• Special Exception• Request to depart from
zoning• Use may not be
incompatible• E.g church in a
residential area
Zoning Board of Adjustment
• Legally nonconforming• Land use existed prior to
enactment of zoning code
• Usually may be continued, with certain limitations
• “Grand fathered" into acceptance
• Illegal nonconforming use• Violation of existing
zoning ordinances
Nonconforming Use
• Establish minimum standards
• Design for construction of buildings
• Codes
• Electrical
• Plumbing
• Insulation
• Fire protection
• Support systemsBuilding Codes
• Permits a mix of land uses along with a high density of residential units• Single family• Multifamily• Condominiums• Apartments • Commercial• Light industrial
Planned Unit Development (PUD)
Planned Unit Development (PUD)
• Developers must reserve areas for common usage• Zero lot lines
• Also called cluster zoning• Buffer zones
• Planned space between different zoning categories
• Floodplain designations
• Flood maps
• Flood insurance
• Construction standards
• Significance to real estate licenseesNational Flood
Insurance Program (NFIP)
• Indoor• Asbestos• Mold• Lead paint• Radon gas
• Outdoor• Septic tanks• Toxic soil waste• Chemical
contamination• Leaking underground
storage tanks
Environmental Hazards
• Read Chapter 19 in your textbook
• Complete the end of chapter questions
• Complete the on-line homework
• Ask yourself these questions: • What still does not make
sense?• How does this chapter
apply to my real estate career?
• Why is this information important?
Assignment
Coffee Break15 Minutes
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