" /> DadeCountyZoningLaw.com
 

"Because navigating the law is not always easy."

Lowell J. Kuvin, Esq.

11 Island Ave

Miami Beach Florida

305.812.6800

 
 
   www.kuvinlaw.com - home
 
Coral Gables Zoning Law.com

 

What is Zoning Law?

Zoning laws are the way the governments control the physical development of land and the kinds of uses to which each individual property may be put.

Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. On the other hand, a C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction.


Why are Zoning Laws so Difficult to understand?

Zoning laws can be difficult to understand because of the style in which they are written. City commissioners who write the laws assume the community has a degree of understanding of the basic elements of zoning that many lay citizens do not have, and that many professional planners develop only after years of zoning-related practice.


What are the different types of Zoning?

Esthetic Zoning

One of the most rapidly expanding forms of zoning is the adoption of esthetic zoning regulation by some communities. These ordinances describe what is and what is not permissible for a land owner in terms of landscaping, what type and the number of vehicles which can be parked outside, color schemes, mailboxes, fences, solar panels, decks, satellite dishes, types of materials, shapes of roof, and so forth. Esthetic zoning ordinance may require that building plans be submitted and approved by an architectural review committee before any construction begins.

Spot Zoning

Spot zoning occurs when a small area of land or section in an existing neighborhood is singled out and placed in a different zone from that of neighboring property. For example, a park or school might be allowed in a strictly residential area if it serves a useful purpose to the neighborhood residents.

In some areas of the country the courts have found spot zoning illegal on the ground that it is incompatible with the existing land use-zoning plan or in an overall zoning scheme for the community. Whether the exception carved out is reasonable and supported by the facts, often turns on public interest, the effect the spot zoning has on the current uses of neighboring properties, and any ramifications created by the zoning.

Contract Zoning

In some communities there is a practice that allows a property owner to enter into a written agreement with the local government to rezone certain areas of land, on the condition that the limitations or restrictions set by the town for those parcels are accepted by the owner. The conditions would not necessarily be applied to other similarly zoned parcels.

Down Zoning

It is rezoning of a track of land to less-dense uses. Examples of down zoning are prohibiting high-rise apartments and allowing only low-rise apartments or single-family homes. Another is prohibiting industrial use and allowing retail uses. Down zoning is one of the most popular tools for tightening the screws on development and curbing suburban sprawl.

Buffer Zoning

Leaving a strip of land to develop a park, a small driving range, or grass and trees to separate a strictly single-family detached residential district from an apartment complex is becoming a common planning approach used by local government and developers.

Subdivison Zoning

A subdivision is just what the name implies: it is dividing a single piece of property into smaller, separate pieces or lots, usually to sell as a divided piece or to allow for future development. Commonly the proposed subdivision involves a series of events that include notice and comment by the public and hearings before area residents and government officials before approval is given.

 


Zoning Law Violations

It is risky to ignore zoning rules since the ramifications for zoning violations can be brutal. Suppose, for example, that in a strictly residential-only area, you add – illegally -- an extra back room in order to operate a massage business and the town and neighbors don’t notice. When you later sell your home, you cannot guarantee that the property is "up to code" and run the risk of being forced to accept a reduced price or to withdraw the home from the market. Even if the ownership has changed hands since the illegal construction and it comes to the attention of the local authorities (perhaps through a tax assessment), the new owner could be ordered to comply with the zoning rules, pay a fine, or worse, tear down the illegal addition.