The primary purpose of zoning is to segregate uses that are thought to be incompatible. In practice, zoning is used to prevent new development from interfering with existing residents or businesses and to preserve the “character” of a community. Zoning is commonly controlled by local governments such as counties or municipalities, though the nature of the zoning regime may be determined or limited by state or national planning authorities or through enabling legislation.
Zoning may include regulation of the kinds of activities which will be acceptable on particular lots (such as open space, residential, agricultural, commercial or industrial), the densities at which those activities can be performed (from low-density housing such as single family homes, to high-density such as high-rise apartment buildings), the height of buildings, the amount of space structures may occupy, the location of a building on the lot (setbacks), the proportions of the types of space on the lot (such as how much landscaped space), impervious surface, traffic lanes, and parking must be provided. The details of how individual planning systems incorporate zoning into their regulatory regimes vary, though the intention is generally similar.
In the landmark Florida Supreme Court decision of 1993, Snyder v. Board of County Commissioners, the Court determined that no longer was a zoning decision considered a legislative act providing broad discretion to legislators in making their decisions, but now a quasi-judicial decision. A quasi-judicial decision is one which requires notice, presentation of evidence, and for the legislator’s decision to be based on substantial competent evidence.
Furthermore, the Snyder case dictates that the landowner seeking to rezone his property has the burden of proving with substantial competent evidence that his proposal is consistent with the local government’s zoning ordinance. Once, however, this burden has been met, the burden shifts to the government to demonstrate that maintaining the existing zoning classification for the property accomplishes a legitimate public purpose.
Notably, under Florida’s Growth Management Act, Chapter 163 Part II Florida Statutes, “zoning is considered a development permit. “A development permit is considered a development order that is required to be consistent with a local government’s adopted Comprehensive Plan. In the event the zoning is determined to be inconsistent with a Comprehensive Plan, it may be challenged by the State Department of Community Affairs or by any third party who has achieved legal standing through participation in the development order approval process.
Our firm has substantial experience in the rezoning process having represented property owners in hundreds of rezonings around the state of Florida.
