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