Conducting a zoning analysis in Florida can be tricky, which is why you should work with experts that can help ensure you do not make costly legal mistakes. If you are an experienced real estate developer, then you know that conducting a zoning analysis before you start building on a property is crucial, as it will help you find out what legal limitations you will have to deal with during construction. Common limitations include size, height, and square footage allowed for a building in the zone in which you are planning to start building yours. Read on to learn everything you need to know about conducting a zoning analysis in Florida.
Conducting a Zoning Analysis in Florida
In the State of Florida, you need to conduct a zoning analysis if:
- You will be constructing a new building, regardless of its size or its intended use (commercial or residential);
- You will be building a new house;
- You plan to build an addition of any kind, whether horizontal or vertical;
- You wish to change the use of an existing building, even if you are not planning to make any adjustments to the actual building.
When conducting a zoning analysis in Florida, there are three crucial steps you need to take in order to perform the analysis properly: 1) determine the proposed use of the property, 2) review all existing zoning restrictions, and 3) conduct a property survey. As you can see, the first thing you need to do is figure out exactly what you want to do with the land. In other words, you need to have a specific goal before you begin conducting a zoning analysis. Without a specific goal, the zoning analysis would have very broad results and, therefore, fail to provide specific options for the land. In addition to having a specific goal, it is crucial to determine whether the property has any transfers, easements, development rights, covenants, or deed restrictions to make sure you can actually do what you plan to do. When it comes to the third zoning analysis requirement, conducting a property survey, a licensed Florida surveyor should take care of that for you.
What Should a Zoning Report Include?
Primarily, a zoning report should contain general information about the property, such as lot area, zoning district, lot type, and existing property conditions. The report should also include a zoning code analysis naming all zoning code sections that will likely have an impact on the proposed development. Also, the zoning report should have an “interpretation” or “conclusion” section containing written text summarizing the results of the zoning analysis to make it easier for everyone who looks at the report to understand the results. Finally, the zoning report should contain both 2D and 3D illustrations showing the property’s development potential.
Conducting a Zoning Analysis in Florida – Why You Need Help
Zoning ordinances can change anytime, which can automatically render a property non-compliant. In some cases, several zoning districts govern a single property, which can make conducting a zoning analysis extremely difficult, especially in cases where each of the zoning districts governing the property has different land use and zoning rules and regulations. The best way to make sure you conduct your zoning analysis in compliance with all applicable regulations is to work with a skilled and experienced real estate attorney that can not only help you navigate the process but also solve any issues that might arise along the way.
If there is a problem with your zoning analysis, Jurado & Farshchian, P.L. can help you solve it. Talk to our attorneys today by calling (305) 921-0440 or schedule a consultation with our real estate team via email: Romy@JFLawFirm.com.