In the field of urban and regional planning, the passing of legislative bills can significantly influence how local governments shape the future development of their communities. A recent example is CS/CS/SB 540, signed into law by Governor Ron DeSantis and effective July 1, 2023. This bill introduces several substantial changes to the existing regulatory framework for land development and comprehensive plans in Florida.
Continue Reading Understanding the Impact of SB 540 Local Government Comprehensive Plan Changes
Zoning
From Murky Waters to Clear Paths: Why Sackett v. EPA Matters for Wetland Development
On May 25, 2023, the United States Supreme Court decided Sackett v. EPA, a case concerning the outer limits of the Clean Water Act (“CWA”). The CWA grants the Environmental Protection Agency (“EPA”) authority to regulate water quality in the Nation’s rivers, lakes and streams. But discerning the precise boundaries of the CWA has led to conflicts between private property rights and the reach of the federal government. …
Continue Reading From Murky Waters to Clear Paths: Why Sackett v. EPA Matters for Wetland Development
Live Local Act and Its Major Effects on Development Approvals for Affordable Housing
Florida has seen tremendous growth and development over the past decade. With that growth has come a lot of changes in the economy and a large spike in population. This has created a thriving real estate market for homebuyers, with the demand for housing rising greatly. But there is one major thing we have learned throughout recent years: there is a need for more affordable and workforce housing.
To promote more affordable and workforce housing, Governor Ron Desantis signed SB 102 into law. SB 102, now known as the Live Local Act, has significantly impacted zoning laws and limited local government’s power to regulate affordable housing.
This new law makes it easier for affordable housing projects to get approved quickly without going through a long public hearing process to change a property’s zoning. It also allows for affordable housing to be built in areas that are currently zoned for commercial or industrial use. The affordable housing project can be approved quickly and easily, if it meets certain requirements. This law will go into effect on July 1st, 2023. Overall, SB 102 will help make it easier to build affordable housing in your community.
Below is a more detailed explanation of how the Live Local Act will affect the local approval and development of affordable and workforce housing.
What is “Affordable” Housing?
Lee County Implements Changes to Building and Licensing Matters to Keep Up with Surging Demand
The Lee County Building and Industry Association has provided a recap of important updates worth noting if you are involved in construction and contracting in Lee County, Florida. These updates will impact the procedures and protocols that individuals and businesses must follow when submitting permit applications and seeking licensing.
Community Development Department Office Hours
The first update concerns the closure of the Community Development Department lobby each business day at 3 p.m. starting March 27, 2023. This will apply to both public access and incoming phone calls. In addition, the Community Development office will stop accepting customer walk-ins at 2:30 p.m. The changes are being implemented to allow staff more time to process and review applications submitted that day. It is important to note that electronic permit applications will continue to be accepted with no restrictions.
This change is due to the increase in in-person customer levels, which have risen almost 200% since Hurricane Ian, despite more than 90% of permits being submitted electronically. Before the hurricane, staff processed an average of 3,700 permit applications per month. These changes will remain in effect until permit applications decrease or additional staff is hired and trained.
LCEC Update
Another update worth noting is the recent LCEC meeting recap. During this meeting, issues related to delays associated with running electricity to developments and single lot projects were discussed. The highlight was that delays are affecting all aspects of LCEC business. While working to resolve these issues, they see delays continuing well into 2024.Continue Reading Lee County Implements Changes to Building and Licensing Matters to Keep Up with Surging Demand
Outcome of November 8 Lee County’s Meeting Regarding 50% Rule for Hurricane Ian Repairs
To follow-up on my previous post, on November 8, the Lee County Commissioners considered several changes to facilitate repairs to buildings damaged by Hurricane Ian. The most significant changes involve how the “50% Rule” will be calculated.
The calculations for the 50% Rule along with other guidelines relating to the 50% rule are based on local regulation. Lee County Board of Commissioners were presented with and approved the following changes:
- Allowing for a “permit-by-permit” valuation of the cost of repairs. The past County regulations required a cumulative consideration of improvements made over the previous 5 years. This change would not apply to “repetitive loss” properties that have received two or more NFIP payouts in excess of $1000 over a 10-year period.
- Amending cumulative period for “repetitive loss” properties from 5 years to 1 year for 50% calculation.
- Updating elevation requirements for manufactured homes in special flood hazard areas and coastal high hazard areas.
- Amendment reflecting that the newest version of FEMA flood insurance rate maps for Lee County take effect November, 17, 2022.
Lee County to Consider Changes to 50% Rule to Facilitate Hurricane Ian Repairs
At its upcoming Special Meeting on November 8, the Lee County Commission will consider several changes to facilitate repairs to buildings damaged by Hurricane Ian. The Local Planning Agency (LPA) will consider and make a recommendation on the proposed changes at its meeting on November 7.
The most significant changes involve how the “50% Rule” will be calculated. The 50% Rule, required by FEMA as part of the National Flood Insurance Program (NFIP), states that repairs to damaged structures cannot exceed 50% of the value of the building unless the structure is brought into full compliance with current flood regulations, including minimum finished floor elevations.Continue Reading Lee County to Consider Changes to 50% Rule to Facilitate Hurricane Ian Repairs
Can Your Local Government Ban Short Term Vacation Rentals?
Southwest Florida is a prime location for people to bring their family and friends to vacation. Whether it’s the golf, beaches, or just the beautiful weather, Southwest Florida has solidified itself as a great destination for vacations. This has made tourism a major industry, and one of the biggest areas of tourism is hotels and rentals for families staying in the area.
However, in recent years families have been more inclined to try to rent a home for a short period rather than booking a hotel room. According to Section 509.013(4)(a)(1.) of Florida Statutes, a short-term rental is defined as a residence rented for less than thirty days and rented out more than three times a year.
With the rise of the vacation rental industry, local governments and their residents have seen the impacts they have on the community. This led to two major questions – how can local governments regulate these short-term rentals or how can they prohibit them?
History of Short-Term Rentals
Vacation rentals have always been popular but were not always readily available or easy to find. A revolution occurred in the early 2000s with the rise of the internet and along with that came online rental platforms. Now there are many different platforms, such as Airbnb and VRBO, which made short-term rentals much more available. Further, this led to an overall increase in the number of rentals available.
This increase in rentals led to issues amongst local governments and their citizens because of the impacts short-term rentals had on the community, both positive and negative. Local governments began to ban or create regulations around these short-term rentals. Because of the divide and lack of consistency in regulation by local governments, the Florida legislature created a law that prohibited any local government from banning short-term rentals and limited how they may be regulated.
Effect of the New Legislation
Continue Reading Can Your Local Government Ban Short Term Vacation Rentals?
What options are available to challenge denial of a land use application in Florida?
Whether you are involved in rezoning land or obtaining a special exception, conditional use, variance, development order, or other entitlement to land in Florida, you will likely need approval from the local government where the property is located. But what if your request is denied? This article explores some of the common remedies available to an applicant in the event their application is denied.
If your application is denied, it’s important to know your options. While some jurisdictions have administrative remedies available for an applicant to exhaust (e.g., rehearing, reconsideration, administrative appeals, etc.), others may not. It is important to be familiar with local rules, including land regulations, ordinances, administrative codes, and any applicable staff interpretations. Exhaustion of available non-judicial remedies is an important consideration in any potential land use challenge.
In addition to exhaustion of any available local remedies, the following is a brief overview of some common legal remedies that could be available to an applicant in the event of a denial:
Petition for writ of certiorari
This process involves filing a fairly-detailed petition with the local circuit court within 30 days from the date of the denial. It can take many months, even years, to conclude. This is the typical “zoning appeal,” and the standard of review is whether the local government’s decision is supported by competent substantial evidence, whether there were any procedural due process violations, and whether the decision maker followed the essential requirements of the law. See Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982). Each party typically pays its own legal fees.
“Consistency challenge”
Construction of Docks, Piers, and Other Waterfront Structures in Southwest Florida
It is hardly a secret that one of the many draws of Southwest Florida is the accessibility of owning property along the beaches, rivers, and canals that make the area paradise for residents and visitors alike. Waterfront ownership, or littoral ownership, comes with a unique set of rights, such as the right to access and construct improvements on the water. These rights however are not absolute, as various other stakeholders and environmental interests possess similar rights.
What Regulations Apply to the Construction of Waterfront Structures?
In terms of constructing improvements such as docks, boatlifts, piers and other artificial structures, the State and County governments have developed legal regimes designed to balance these competing interests and effectively manage the aquatic resources of the State. These statutes and regulations are often difficult to navigate for homeowners and developers unfamiliar with the specific characteristics of waterfront ownership. Careful attention to these statutes and regulations must be paid in order to avoid fines, construction delays, or even being required to remove non-conforming structures.
What Laws Apply to My Property?
Continue Reading Construction of Docks, Piers, and Other Waterfront Structures in Southwest Florida
How Can Local Governments in Florida Enforce Compliance With Their Land Use & Zoning Regulations?
Due to the growing use by local governments of certain quasi-judicial code enforcement proceedings to obtain compliance with their local land use and zoning regulations, it is important for Florida property owners and business operators to have a thorough understanding of administrative enforcement proceedings.
Local Government Enforcement Authority
Florida’s statutory scheme governing local code enforcement procedures is divided into two separate parts under Chapter 162 of Florida Statutes. There is no statutory provision prohibiting local governments from enforcing their land use development and zoning regulations by other means. Section 162.13 provides that the provisions of Chapter 162 are supplemental procedures for local governments to achieve code compliance and are therefore intended “to provide an additional or supplemental means of obtaining compliance with local [government] codes.”