Zoning concepts and exceptions
Zoning divides a community into districts and lists the uses allowed in each, such as residential, commercial, industrial, or agricultural. Zoning is a police power tool and mainly looks forward. It sets the rules for future use and generally does not shut down uses that already exist. In Florida, zoning is one of the land development regulations that must be consistent with the local comprehensive plan.
Cumulative vs exclusive zoning
| Type | How it works | Example |
|---|---|---|
| Cumulative | Zones build on each other. A "higher," more restrictive use (such as a home) is also allowed in a "lower" zone (such as commercial). | A house may be built in a commercial district. |
| Exclusive | Each zone allows only the uses listed for it. | Only industrial uses in an industrial zone, so no homes. |
Buffer zones
A buffer zone separates uses that do not get along, such as single-family homes and a shopping center. It may be:
- a use buffer: an in-between district, such as apartments or offices placed between homes and commercial land; or
- a landscaped buffer: a strip of trees, shrubs, walls, or fencing.
Nonconforming use
A nonconforming use is a use that was lawful before the zoning changed and is allowed to continue even though it no longer fits. This is often called being "grandfathered." Common limits:
- The owner usually may not expand the nonconforming use.
- If the property later conforms, the owner may lose the right to go back to the old use.
- Some ordinances let the right last only for a set period.
Tell buyers to confirm with the local zoning office whether a nonconforming use survives a sale, a change of use, or rebuilding after damage. The rules are local.
Variance
A variance is permission to depart from the strict terms of the zoning ordinance, usually a dimensional rule such as a setback, height limit, or lot size. Local codes typically require the owner to show:
- conditions special to the property, such as an odd shape or steep slope;
- an undue hardship, not just inconvenience;
- that the owner did not create the hardship; and
- that the relief is the minimum needed and will not harm neighbors.
A self-created hardship, such as building first and asking later, generally does not qualify. Many codes, Punta Gorda's among them, also bar using a variance to permit a use the district prohibits.
Special exception
A special exception (also called a conditional use or special use) is a use the ordinance already lists as possible in a district, but only after a case-by-case review, because its nature or location could affect neighbors. Schools, churches, and day care centers are common examples. The board can attach conditions such as hours, parking, or landscaping.
The key difference: a variance excuses a property from a rule, while a special exception approves a use the code anticipates.
Rezoning and spot zoning
Rezoning changes the zoning district of land through an amendment to the zoning map. It is a legislative act by the governing body after public notice and hearing, and in Florida it must be consistent with the comprehensive plan.
Spot zoning is rezoning a single parcel or small area differently from everything around it, mainly to benefit its owner rather than the public. It is controversial and is often struck down, especially when it conflicts with the comprehensive plan.
Exam tip: Old use that predates the rule = nonconforming. Hardship and setbacks = variance. Use listed as allowed with approval = special exception. One lot singled out = spot zoning.