If you own property, you may believe you can do anything you want with it. But neighbors and land use ordinances may say otherwise – property usage is governed by zoning laws in Florida and across the country. Each city, town, county, or state makes rules for allowable use. Florida’s Growth Management Act laid the foundation for each city or county’s zoning bylaws.
If you are confused about zoning in your area or want to open a business in a location that may require a special zoning permit or variance, consult an attorney who specializes in land use issues. A legal professional will be able to determine which laws apply to your parcel and how to approach zoning officials.
What are Florida Zoning Laws and Who Makes Them?
Zoning ordinances are used across the country to divide areas into business, residential, and industrial uses. These regulations prevent clashes between most incompatible uses, such as allowing residents to enjoy their homes without the traffic and noise of industry or business. Zoning also allows regions to plan growth and project revenue.
Committees of local residents or elected county commissioners, with the help of professional consultants, create most zoning laws for their towns within state land development regulations. In doing so, they try to balance the needs of different categories of uses, such as by zoning property near highways zoned for industrial use, downtown areas zoned for business/retail, and other suitable areas for residential use.
Natural features like wetlands, forests, and endangered animal habitat are also subject to zoning restrictions. Because these areas are protected under federal and state law, limited development is allowed near them.
Zoning laws can have specific requirements, such as:
- Density, which governs the size of land parcels and the number of units per parcel,
- Building height,
- Setbacks, which are how close any buildings are to the edge of the parcel, and
- Acceptable uses, which applies to both the overall zoning (residential, commercial) and within the zone (what materials or vehicles can be stored on site, what type and size of signs can be posted, whether mixed uses are allowed by special permit or variance). New regulations often grow out of unforeseen uses, such as Airbnb short-term rentals in residential zones prompting local officials to limit those uses.
Businesses are usually required to go through a public permitting process if they plan to alter the current building footprint, change the use of the property (such as adding food service to a building in an industrial zone or using empty parking lots for vehicle storage), or adding an accessory use (leasing an unused portion of the property for a different but related purpose). This allows neighbors to weigh in and for the zoning committee to discuss the plan before issuing a variance, special use permit, or make an alternative finding.
The property owner must submit plans, including environmental impact information, to the governing board.
Despite the priority given to housing projects, cities and towns scrutinize those projects to ensure public health and safety. Their considerations include the suitability of housing near specific business or industrial uses, traffic concerns, and the potential loss of revenue from converting business/industrial properties to residential.
Understanding Zoning Priorities in Your Area
Zoning is only as strict as local officials want it to be. When residents complain, more regulations are developed to stop activities like disruptive short-term rentals or noisy through trucking. In recent years, affordable housing has become a priority for zoning, resulting in more mixed-use permits such as higher density dwellings and apartments built above stores.
If you own a parcel of land that you want to develop, it can be critical to have an experienced attorney by your side during the hearings that follow your permit application. Having someone who understands the jargon of planning and zoning and who can negotiate on your behalf is essential to saving time and effort.
The business law professionals at WKFK Law can usher your project through the zoning process, including sourcing environmental experts and consultants. Our experience with Florida zoning provides unique insights into negotiating with local boards for permits and variances. Contact us for a consultation today.
