If you aren’t aware of Florida zoning laws, don’t fret. You aren’t alone–most people don’t. In fact, few people beyond local government offices and law firms are aware of zoning laws and land use regulations. A Florida real estate attorney can help.
This is a brief overview to help you get a better sense of the rules that govern local real estate construction, renovation, and use.
Florida Real Estate Laws are Complicated
Conduct an online search for Florida zoning laws and you’ll find an avalanche of information. Specific parts of Florida are zoned for residential and commercial purposes. Land use regulations govern how land is used. Whether you are a prospective property owner, a current landowner, or an investor, it is in your interest to have at least a superficial understanding of these laws.
Florida land use is a combination of local, regional, and state laws. Though the Sunshine State is revered for its low taxes and general laissez-faire attitude toward governance, its land use regulation can be intimidating.
The purpose of Florida land use laws is to ensure development permits are properly aligned with development and land regulations. The land use laws also ensure alignment with zoning laws for businesses and residences, environmental codes and even platting. Such a complex approach is tailored to Florida’s distinct environmental landscape and topography.
The “Why” of Florida Zoning
Florida zoning laws distinguish between residential and commercial spaces to separate homes and apartments from commercial activity. It is the state’s zoning laws that are the foundation of land use regulation. Municipalities implement such laws to keep property development under control.
Florida zoning laws separate the state’s land into specific zones:
- Residential
- Commercial
- Industrial
Each zone has its own distinct regulations and allowed uses. Zoning laws have their respective comprehensive plans that steer the development of communities with overarching growth in mind. The goal is for strategic zoning to serve a utilitarian purpose for the collective of the state across posterity.
Permission to Develop
Florida’s government requires builders to obtain development permits before beginning construction. Development permits are available to those who strictly adhere to development regulations that govern local land. Builders are required to adhere to the nuances of subdivision and zoning requirements.
Moreover, environmental codes must also be adhered to. Each distinct Florida locality’s comprehensive plan is a component of the process. If a development initiative does not align with the overarching plan, it will not be approved.
Bureaucratic Requirements
Delve deep into the legal minutia of Florida zoning laws and land use regulation and you’ll find county laws are only the uppermost layer. State and federal laws also influence the land use development process. Such laws make the regulatory process that much more burdensome and complex, necessitating the guidance of a Florida real estate attorney.
In particular, parts of Florida that are ecologically fragile typically have several additional layers of state and federal land development requirements. Environmental regulations are in place to safeguard Florida’s natural resources, sensitive habitats, and wetlands.
Florida’s Legal Framework Has Some Flexibility
The needs of individual Florida communities change with time. Such changes require alterations to zoning ordinances. It is sometimes possible to obtain a zoning variance. Such variances provide exceptions to specific zoning requirements in situations when it would be a burden for homeowners to be fully compliant.
The purpose of a zoning variance is for the local Florida government to bypass specific zoning rules for individual property owners if they prove it is not possible or impractical to adhere to those rules. However, you’ll need the guidance of an experienced Florida real estate attorney to obtain such a variance.
Learn More During a Consultation With Our Florida Real Estate Attorneys
As is often said, the fastest way to learn something is to ask someone. Our Florida real estate zoning experts are in the know. Contact us today to learn more about the complexities of Florida’s zoning laws and land use regulations. We’ll guide you through the regulatory and bureaucratic maze all the way to the finish line.