Real estate development in Florida is thriving, with plenty of previously developed and undeveloped land for sale. However, before buying real estate, you must learn about Florida Zoning Laws.
These laws establish an organizational template for how a community is laid out. By zoning real estate, residential, commercial, industrial, agricultural, and recreation usage can be balanced.
Zoning Laws Vary Between Cities and Counties
The zoning laws can vary significantly from one county or city to the next. This can result in a confusing web of regulation. Working with an experienced real estate attorney can help you navigate the laws to narrow your focus to the applicable ones.
Knowing the law from day one is crucial for the success of your real estate development. The last thing you want is to find out you bought property you cannot use for your intended purpose.
You Can Request a Variance
You still have options if you find the perfect piece of real estate with the wrong zoning designation. You can file for a variance. This is a formal request to have the existing zoning designation changed. A zoning board will review the request and approve or deny it. Typically, you will need to show that you will suffer an undue hardship without the variance.
There are two categories of variance requests: use and size. A use variance will allow someone to develop the property for something other than the original intended use. For example, converting a residentially zoned piece of land into commercially zoned land. A size or area variance allows for the property’s layout to be changed. For example, a parking lot may need to be placed in a different position or have a different number of parking spaces to accommodate the unique shape of the property.
Some Zoning Laws Protect History
Florida has a rich history and many buildings throughout the state date back to the early days of the state’s settlement. Some zoning laws seek to protect this history by limiting what the owner can do with it. These laws could prevent you from renovating or updating the home. This could ensure that the building stays preserved as close to its original state as possible. It can also ensure that the surrounding neighborhood maintains its historical aesthetic.
Large-Scale Developments Require Additional Review
Modern land developers expand beyond a single-use approach. With mixed-use becoming the go-to approach, it presents a challenge to developers. Traditional zoning laws assume one use. So, the first hurdle is getting the appropriate approval for a multi-use development.
The second hurdle is to address the massive potential impact a large-scale multi-use development will have. It can impact traffic patterns and flow, neighborhood profile, environment, and economic status. Some of these developments spread across multiple cities, municipalities, or counties. When this happens, multiple and potentially conflicting zoning laws are applicable.
Because of the potential widespread community impact, Florida has a special process for development approval. The Development of Regional Impact (DRI) organizes states coordinated reviews.
There are Harsh Enforcement Penalties
With all of the zoning restrictions in place, it can be tempting to ignore them and move ahead with development. This would be a mistake. Penalties for violating zoning laws can include fines, injunctions, revocation of permits, or even the demolition of structures. It can also result in lawsuits from neighbors or those adversely affected by your violation. If the judge rules against you, it can result in the payment of large sums in compensation.
Know the Florida Zoning Laws
Don’t let Florida’s zoning laws prevent you from accomplishing your real estate investment dreams. While knowing the generalized designated zone is a great place to start, it isn’t the only thing to consider. Working with an experienced real estate can help you identify potential zoning issues. They can then represent you in addressing and correcting them.
Request a consultation to discuss the zoning of your planned land development project.
