Name: Gregory Donadio
Date: 9/28/14
Zoning Assignment Real Estate Law
Due in Turnitin Drop Box by 8:00PM on Sunday September 28, 2014
Instructions: This Assignment is based on the reading, handouts and topics discussed in class.

1. Olivia owns her property in fee simple, can she build her property as high as she wants? Can she put an amusement park on it if there is room? Explain to Olvia why or why not.

No, she won’t be able to build the property as high as she wants and can’t put an amusement park in it. This is because of the government restrictions. Even with having absolute and complete ownership for the property, there is still government restrictions for it.

2. Erik does not understand what zoning means. Please explain to him what “Zoning Means.”
Zoning is the control by the government for the use of land. Areas are divided by authorities into zones where you are permitted to enter. 3. John likes the retail shopping uses allowed in Midtown Miami. John does not like the type of people he thinks will shop at Walmart. Does the Zoning regulate the types of people that may shop? If yes, please explain. If, no, what does it regulate?

I think it does regulate the type of people that shop. If there is a numerous amount of less fortunate people living there, you will definitely be seeing more of them.

4. What are the 4 goals of the Growth Management Process of a City? (Hint: Look in your Florida Book) * To plan future land uses that allow the highest and best use of the maximum number of properties. * To reduce the possibility that a particular type of land use may cause loss of value to neighboring properties. * To reduce present and future growth costs that must be borne by taxpayers. * To create an optimal social and economic environment as a result of community growth.

5. Does the Federal government enact Florida’s zoning laws? If yes, how? If not, who does?

Yes, the federal government can enact Florida’s zoning laws. With the regulations for zoning, it gives many governments the right to enact the Florida’s zoning laws.

6. (a) What is the website where you can find the City of Miami Zoning Code? (b) Does the City of Miami Zoning Code apply to the City of Coral Gables? (c) Does the City of Miami Zoning Code apply to the City of Miami Beach?

The City of Miami Zoning Code can be found at miami21.org. The City of Coral Gables and the City of Miami Beach is not a part of the Miami Zoning Code.

7. What is the purpose of zoning and building codes? Is the purpose just to annoy the homeowner by making them spend time and money on permits or is there another purpose? If so, what is it? Explain (Hint look in your Florida book)
The purpose of zoning and building codes is to protect the public health and safety from inferior construction practices. It is also used to protect the integrity of the comprehensive plan of zoning.

8. What does density mean? Why is it important for an owner to know density?
Density means the number of units per acre. It is important for an owner to know density because it allows them to know they acquired space that they are supposed to have.

9. What does Residential Zoning Regulate? What does Commercial Zoning Regulate? (Hint look in your Florida Book)
Residential Zoning regulates density, which is the number of units per acre. Commercial Zoning regulates the intensity of use. Intensity is determined by the type and amount of pedestrian and vehicular traffic generated by a commercial enterprise.

10. What does Variance mean? Why would a property owner want on one? Please give an example. (Hint look in your Florida book)
Variance allows a property owner to vary from strict compliance with all or part of a zoning code. A property owner would want one because it could force an undue hardship on the property owner. An example of a variance would be an owner wanting to build a gazebo in the backyard.

11. What does Hardship mean in relation to a variance? Can you get a variance for hardship because you had a bad day and are having a hard time? (Hint look in your Florida book)
Hardships involve land use, not economic or personal hardships. Hardships must relate to the use of the property. No you cannot get a variance for hardship if you’re having a bad day or a hard time.

12. Please explain the Concurrency provision of Florida’s Growth Management Act of 1985. Why is it important? (Hint look in your Florida book)
The Concurrency provision of Florida’s Growth Management Act of 1985 mandates that the infrastructure, such as roads and water and waste treatment facilities needed to support additional population, be in place before new development is allowed.

13. What is a Special Exception? Please give an example. (Hint look in your Florida book)
Special Exception is an individual ruling in which a property owner is granted the right to a use otherwise contrary to law. An example is a dentist office being granted special exception in an area located near a large mobile home community.

14. What is a Legally Non Conforming Use? Please give an example. (Hint look in your Florida book)
This is if a property’s use was lawfully established but no longer conforms to the use regulations of the zone in which it is located because of the enactment of a new zoning ordinance. An example is a small neighborhood gas station that might be located in an area that was later zoned residential.

15. What is Miami 21? Why does it matter?
Miami 21 involves a holistic approach to land use and urban planning. This matters because it will improve the experience with people living there and even with tourists. It’s going to give a unique appearance where you can work and play.

16. What do you think about Miami 21’s impact on the City of Miami?

I think the impact is incredible. What Miami 21 is trying to accomplish is going to bring such a vibrant experience. I think Miami becoming more like New York is going to be easier for citizens living there. This will make it easier to get from point A to point B from inside a car.

17. Did you ever think about zoning before this session?
No, I can honestly say that zoning has never been brought up in my head before.