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by: Dr. Jeffrey Goldner


Dr. Jeffrey Goldner
GPA 3.61


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This 17 page Class Notes was uploaded by Dr. Jeffrey Goldner on Friday September 18, 2015. The Class Notes belongs to URP 6131 at University of Florida taught by Staff in Fall. Since its upload, it has received 11 views. For similar materials see /class/206918/urp-6131-university-of-florida in Human Development at University of Florida.




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Date Created: 09/18/15
A Glossary of Land Use Terms Accessory use A use incidental to or subordinate to but on the same lot or parcel as a principal use and necessary to the convenience of those engaged in the principal use39 a use conducted in an accessory building or structure a use other than the principal use Administration Commission is the Governor and the Cabinet of the State of Florida Administrative appeal The review of an order or decision of a local official charged with the administration of a zoning ordinance or regulation conducted by a Board of Zoning Appeals or Adjustment or a court Aesthetic zoning The regulation of the proportion size or shape of a structure or other improvement on a parcel such as a billboard or sign39 a regulation concerned with beauty or harmony of a structure with its surroundings often tied to an ancillary economic or social interest Affected person includes the affected local government persons owning property residing or owning or operating a business within the boundaries of the local government whose plan is the subject of the review and adjoining local governments that can demonstrate that the plan or plan amendment will produce substantial impacts on the increased need for publicly funded infrastructure or substantial impacts on areas designated for protection or special treatment within their jurisdiction Each person other than an adjoining local government in order to qualify under this definition shall also have submitted oral or written objections to the local government during the period of time beginning with the transmittal hearing for the plan or plan amendment and ending with the adoption of the plan or plan amendment FLA STAT 16331841a Agricultural uses are activities within land areas that are predominantly used for the cultivation of crops and livestock including cropland pasture land orchards vineyards nurseries ornamental horticulture areas groves confined feeding operations specialty farms and silviculture areas Airport clear zone A designated area of land that is subject to peak aircraft noise and on which there is the highest potential of danger from airport operations Airport facility Any area of land or water improved maintained or operated by a governmental agency for the landing and takeoff of aircraft or privately owned paved runways of 4000 or more feet in length and any appurtenant area that is used for airport buildings or other airport facilities or rightsofway Airport obstruction Any structure object of natural growth existing condition or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or that otherwise increases the risk of danger to aircraft operations Areas subject to coastal ooding see Hurricane vulnerability zone Arterial road A roadway providing service that is relatively continuous and of relatively high traffic volume long trip length and high operating speed In addition every United States numbered highway is an arterial road As of right Expressly permitted by the text of a zoning ordinance and mapped on a zoning map as where a business use is permitted quotas of righ quot in a commercial use district Availability or Available with regard to the provision of facilities and services concurrent with the impacts of development means that at a minimum the facilities and services will be provided in accordance with the standards set forth in Rule 9J500552 FAC Average Daily Traf c An expression of traffic volume that is the average number of cars per day that pass over a given point in a given time period It is calculated by taking daily traffic counts to determine the total number of cars that passed over a particular point then dividing the total by the number of days during the counting period See also Capacity Design Hour Volume Peak Hour Volume Beach The zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form or to the line of permanent vegetation usually the effective limit of storm waves Beach as used in the coastal management element comprehensive planning requirements is limited to oceanic and estuarine shorelines See estuary Land Use Glossary 1 1of17 Bicycle and Pedestrian Ways are any road path or way that is open to bicycle travel and traffic afoot and from which motor vehicles are excluded Binding Letter of Interpretation BLI Final agency action containing findings of fact and conclusions of law that specify the factual legal and policy grounds supporting a determination by the Division A BLI should be requested if a developer is in doubt if his development is of regional impact see FLA STAT 39 38006 or whether his development rights have vested pursuant to FLA STAT 39 38006l 8 or whether a proposed substantial change to a development of regional impact previously vested pursuant to FL STAT 39 38006l 8 would divest such rights Bottom Up refers to the policy that planning decisions should be made at the local level rather than the state or regional level Contrast Top Down Bulk regulation A land use regulation indicating the maximum land coverage for improvements on a land parcel See floor area ratio Capacity road The maximum number of vehicles that can reasonably be expected to pass over a given roadway in a given time period under the prevailing roadway and traffic conditions as defined Capacity is expressed as an hourly volume either per lane per direction or for both directions stating the roadway and traffic conditions under which the capacity figure is applicable Factors that determine the capacity of a road are the number and widths of lanes presence of auxiliary lanes and shoulders absence of obstructions roadway geometries design speed prevailing conditions number and design of intersections amount of land use accessibility and operational characteristics of the traffic on the road Prevailing conditions are divided into three classes prevailing roadway conditions road structure prevailing traffic conditions nature of traffic and drivers and ambient conditions weather and time of day See Average Daily Traf c Design Hour Volume Peak Hour Volume Capacity Analysis or Capacity Modeling refers to the procedures by which a local government may determine the ability of and the current and future demands upon various elements of infrastructure in order to assess the need for additional facilities Capital Budget Annual The portion of each local governments budget that re ects capital improvements scheduled for one fiscal year The annual capital budget is the first year of a Capital Improvement Program Capital Improvement Element CIE A required part of a local governments comprehensive plan under FAC Rule 915 39 5016 The purpose of the CIE is to evaluate the local governments need for public facilities and estimate their cost Based on this estimate the CIE should also show how the local government plans to have the necessary funding for the needed capital improvements at the time they are required Capital Improvement Physical assets constructed or purchased to provide improve or replace a public facility and that are largescale and high in cost The cost of a capital improvement is generally nonrecurring and may require multiyear financing Physical assets that have been identified as existing or projected needs in the individual comprehensive plan elements are considered capital improvements Capital Improvement Program A multiyear program of proposed capital expenditures used as a programming guide for public improvements of which the first year of the program is the capital budget CIPs generally project capital spending five to six years into the future but in the past have rarely constituted a binding commitment for future spending39 the capital budget in contrast represented a formal commitment to expend funds The requirements of the Capital Improvement Element have altered to some degree the extent to which the CIP now represents a substantive forward commitment City planning An administrative function of municipalities that studies land use social service and transportation patterns and trends in a region as a precondition to the imposition or updating of municipal land use regulations also known as urban planning Cluster zoning The transfer of density from one portion of a parcel or project to another portion or project a form of nonEuclidian zoning used for the creation of open space that would otherwise violate Euclidian setback regulations Coastal Area The thirtyfive coastal counties and all coastal municipalities within their boundaries Land Use Glossary 2 20f17 designated by the state land planning agency These local governments are listed in the document entitled Local Governments Required to Include Coastal Management Elements in Their Comprehensive Plans dated July 1 1986 and available from the Department upon request The local governments listed in the document and any other communities that incorporate subsequent to July 1 1986 and meet the criteria in FLA STAT 39 38024 shall also be included in the coastal area Coastal Barriers are barrier islands spits peninsulas or similar landforms including the Florida Keys which front on the Atlantic Ocean Gulf of Mexico or Straits of Florida and which separate estuaries or harbors from the open waters of the Atlantic Ocean Gulf of Mexico or Straits of Florida Coastal High Hazard Areas or Highhazard Coastal Areas The evacuation zone for a category 1 hurricane as established in the regional hurricane evaluation study applicable to the local government Coastal 0r Shore Protection Structures means shorehardening structures such as seawalls bulkheads revetments rubblemound structures groins breakwaters and aggregates of materials other than natural beach sand used for beach or shore protection and other structures which are intended to prevent erosion or protect other structures from wave and hydrodynamic forces including beach and dune restoration Collector Road means a roadway providing service which is of relatively moderate traffic volume moderate trip length and moderate operating speed Collector roads collect and distribute traffic between local roads or arterial roads Commercial Uses means activities within land areas which are predominantly connected with the sale rental and distribution of products or performance of services Community Development District CDD a local unit of special purpose government created pursuant to FLA STAT ch 190 CDDs were created for the purpose of eliminating needless duplication and f 39 of local 4 r l quotm services CDDs have no zoning or permitting power39 however they do have the power to raise revenue including the powers to levy special assessments and issue bonds Compliance means that a comprehensive plan or part thereof has met the requirements of the Florida Statutes and Chapter 915 Florida Administrative Code Comprehensive Plan Local Any or all local comprehensive plans or elements or portions thereof prepared adopted or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act as amended The technical requirements of the Comprehensive Plan are spelled out in FLA STAT 39163 Part II and Rule 915 FAC The principles of Concurrency and Consistency defined herein figure heavily in those statutory requirements Comprehensive plan A document containing an inventory assessment and prediction of the future needs of a jurisdiction made as a prelude to drafting and enactment of a zoning ordinance composed of a land use housing conservation recreation transportation public facilities and social services element and mandated by state statute in some states lts legal definition varies according to the context and may thus be different depending on whether a subdivision rezoning initial zoning moratoria or adequate public facilities ordinance is involved See also master plan Concurrency Management System CMS The procedures andor process that local governments utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development Prior to the issuance of a development permit the CMS must ensure that the adopted Level Of Service LOS standards for the seven statutorily mandated services see Rule 9J50055 FAC will be maintained The CMS is designed to preclude the local government from issuing development permits if the developments impact would cause certain public facilities LOS to fall below minimum adopted levels Local governments have adopted differing methods for charging developers for the required Capacity Analysis Concurrency The necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur According to the Department of Community Affairs concurrency does not require that all necessary facilities be in place before a development permit can be issued39 rather that the concurrency requirement of the Growth Management Act can be satisfied by any of the following 1 The necessary facilities are in place at the time a development permit is issued or a Land Use Glossary 3 30f17 development permit is issued subject to the condition that the necessary facilities will be in place when the impacts of the development occur 2 he necessary facilities are under construction at the time that a permit is issued 3 The necessary facilities are the subject of a binding contract executed for the construction of those facilities at the time a development permit is issued he necessary facilities have been included in the local governments budget at the time a development permit is issued even though the facilities are not yet the subject of a binding Conditional use A term used in some jurisdictions for a special exception See special exceptionC0ne of in uence An area around one or more major waterwells the boundary of which is determined by the government agency having specific statutory authority to make such a determination based on groundwater travel or drawdown depth Consequential damages An award for indirect injury to property owing from but not directly related to the exercise of the power of eminent domain as where a portion of a parcel is taken for a road and road noise decreases the value of the portion of the parcel remaining in the owner39s hands Conservation Element A required part of a municipalitys comprehensive plan under Rule 915 FAC which includes identification of that areas natural resources and the pollution problems associated with each Conservation uses are activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purpose as ood control protection of quality or quantity of groundwater or surface water oodplain management commercially or recreationally valuable fish and shellfish or protection of vegetative communities or wildlife habitats Consistency is the relationship required between either the state plan and the local government comprehensive plan or the state plan and the regional policy plan Municipalities and counties must adopt comprehensive plans FLA STAT 39 16331672 that are consistent with the regional policy plans adopted by the regional planning councils all of which local and regional plans must be consistent with the State Comprehensive Plan FLA STAT 39 163 31779c A development order or land development regulation is deemed to be consistent with the comprehensive plan if the land uses densities or intensities and other aspects of the development permitted by such order or regulation are compatible with and further the objectives policies land uses and densities or intensities in the comprehensive plan if it meets all other criteria enumerated by the local government FLA STAT 39 16331943a The term compatible with means that the local plan is not in con ict with the state comprehensive plan or the appropriate regional policy plan The term furthers means to take action in the direction of realizing goals or policies of the state or regional plan FLA STAT 39 163317710a To ensure the consistency of local actions with the adopted local comprehensive plan the GMA requires that all land development regulations adopted by local governments be consistent with the adopted local plan FLA STAT 39 1633202 In addition all actions taken in regard to development orders by governmental agencies must be consistent with the local comprehensive plan FLA STAT 39 1633194 State review of all local regional and state plans is also statutorily provided for under the GMA Contract zoning A rezoning enacted subject to the recordation of private restrictive or other covenants applying to the rezoned parcel Currently Available Revenue Source is an existing source and amount of revenue presently available to the local government It does not include a local governments present intent to increase the future level or amount of a revenue source which is contingent on ratification by public referendum Deepwater Ports are the ports of Jacksonville Tampa Port Everglades 1Liami Port Canaveral Ft Pierce Palm Beach Port Manatee Port St Joe Panama City St Petersburg and Pensacola see FLA STAT 39 4030219 Density bonus Extra density permitted when an applicant for a development permit provides extra public facilities or spaces within the development Density The number of dwelling units permitted per unit of land such as an acre Land Use Glossary 4 4of17 Design Hour Volume DHV The number of vehicles expected to use a roadway in a peak hour in both directions and in all lanes It is sometimes expressed as a percentage of average daily traffic Roadway design is based on estimates of the amounts of traffic expected for its various links sections between interchanges or intersections at a future date The design is usually based on selection of a volume below the expected absolute peak volume Use of the thirtieth highest hour occurring in one year has been shown to have a nearly optimal ratio of benefit to expenditure and is therefore used most often but this is not a rule or a requirement Design hour volume then is the estimated thirtieth highest or other hour of the design year perhaps ten to twenty years in the future in which the road is expected to be serving all the traffic that it would be built to serve See also Average Daily Traffic Peak Hour Volume Detached house A dwelling unit for residential use not connected to another unit similarly used as in a quotsinglefamily detached house Development Agreement A contract or agreement entered into pursuant to the Florida Local Government Development Agreement Act FLA STAT 163322OB3243 between a local government and a developer regarding development of a particular parcel of land A Development Agreement must contain a legal description of the property the names of its owners the duration of the agreement not to exceed five years the uses and densities permitted on the property provisions for public facilities a description of any land reserved or dedicated to public purposes and descriptions of all approved or needed local government permits The Development Agreement shall also include a finding that the proposed development is Consistent see Consistency with the local governments comprehensive plan and land development regulations The Development Agreement must also address any requirements the local government deems necessary for the health safety and welfare of its citizens Finally the agreement must contain a statement that failure of the agreement to specifically address any of the required local government permits terms or restrictions does not relieve the developer from the necessity of compliance with the omitted requirement The agreement may also contain a time for commencement or completion of the development or phase thereof Development Order Any order granting denying or granting with conditions an application for a development permit Development Permit includes any building permit zoning permit subdivision approval rezoning certification special exception variance or any other official action of local government having the effect of permitting the development of land Development rights The unused right to build or construct improvements on a zoning parcel using all of which is a way of saying quotfully developingquot the parcel under applicable regulations rights subject to transfer as when such rights are used offsite after being transferred Downtown Development Authority A local governmental agency established under FLA STAT ch 163 Part III or created with similar powers and responsibilities by special act for the purpose of planning coordinating and assisting in the implementation revitalization and redevelopment of a specific downtown area of a city Downzoning A rezoning in which the density or number of uses permitted as of right is reduced by a municipal legislature and which is valid when it is nondiscriminatory nonexclusionary and comprehensive in nature Drainage Basin The area defined by topographic boundaries which contributes storm water to a watershed drainage system estuarine waters or oceanic waters including all areas artificially added to the basin Drainage Detention Structure A structure which collects and temporarily stores stormwater for the purpose of treatment through physical chemical or biological processes with subsequent gradual release of the stormwater Drainage Facilities A system of manmade structures designed to collect convey hold divert or discharge stormwater and includes stormwater sewers canals detention structures and retention structures Land Use Glossary 5 50f17 Drainage Retention Structure A structure designed to collect and prevent the release of a given volume of stormwater by complete on site storage Due process A right guaranteed by the Fifth and Fourteenth amendments to the United States Constitution and in most state constitutions as well a right guaranteeing that a fair and uniform procedure will be provided an owner before that owner is deprived of property See substantive due process Dune Any mound or ridge of loose sediments usually sandsized sediments lying landward of the Beach and extending inland to the landward toe of the dune which intercepts the 100year storm surge Economically viable use A land use from which an owner might earn a reasonable return or profit often referred to in the negative by courts finding that 1 an owner has no economically viable use left after the imposition of a regulation and therefore 2 a taking of the owner39s property has occurred Educational Uses are activities and facilities of public or private primary or secondary schools vocational and technical schools and colleges and universities licensed by the Florida Department of Education including the areas of buildings campus open space dormitories recreational facilities or parking Eminent domain The power of government to condemn land and property in order to further its public purposes More generally a reference to a set of statutory provisions prescribing the steps and procedures that a government is to take when exercising this power Enabling act A state code or statute that authorizes a county or municipality to undertake some regulatory activity or other action including zoning subdivision often the subject of a separate act andor urban planning Estuary A semienclosed naturally existing coastal body of water in which saltwater is naturally diluted by freshwater and which has a connection with oceanic waters Estuaries include bays embayments lagoons sounds and tidal streams Euclidian zoning The regulation of land use in an ordinance with some districts permitting only a few uses and others permitting more arranged on a lower to higher density scale with cumulative uses allowed in higher intensity districts and with regulations imposed on a lot by lot basis Exaction A condition often in the form of a restrictive covenant or land dedication imposed at the time of obtaining a building or other development permit often referred to as unconstitutional because it does not implement a proper police power objective without physically depriving an owner of part of his or her property or is not roughly proportional to the development that owner seeks Exclusionary zoning A pattern of zoning decisions and enactments by a municipality having the effect of excluding low and moderate income persons from residing the municipality the effect being achieved by the use of zoning techniques including but not limited to minimum lot sizes minimum square footage requirements for dwellings and prohibitions of multifamily housing and mobile homes the judicial remedy for which is the imposition of a Mt Laurel obligation See Mt Laurel obligation Fair Housing Act The federal set of statutes preventing discrimination on the basis of race color religion sex or national origin by making unavailable or denying access to housing comprising Title VIII of the Civil Rights Act of 1968 42 USCA 3601 et seq Many states have analogues to this federal Act Family A number typically four to six of individuals living together as a nonprofit housekeeping unit and related by either first or second degrees of kinship or the functional equivalent thereof Floating zone A use district enumerated in a zoning ordinance but not appearing on the zoning map and thereby remaining to be located on that map whenever preset criteria and uses are met by an applicant for rezoning to this zone Flood Plains Areas inundated during a 100year ood event or identified by the National Flood Insurance Program as an A Zone or V Zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps Floor area ratio The division of the gross floor area or square footage of a building on a lot or parcel by the area of the lot or parcel i for example when a parcel contains 3000 square feet a floor area ratio Land Use Glossary 6 60f17 FAR of 2 permits a 6000 square foot improvement to be constructed on it39 Trump Tower in New York City has an FAR of 21 Foster Care Facility A facility which houses foster residents and provides a family living environment for the residents including such supervision and care as may be necessary to meet the physical emotional and social needs of the residents and serving either children or adult foster residents General welfare A rationale for regulation authorized by the police power as in a regulation enacted to protect quotthe health safety morals and general welfarequot of the public39 thus the broadest of categories within the standard rubrics of the police power often taken either to incorporate all of the three narrower categories all at once thus including quothealth safety and moralsquot of the public or to expand and extend beyond these three as a rationale for regulation39 not used as such until after the 1930s and the New Deal See police power Goal The longterm end toward which programs or activities are ultimately directed contrast obj ective Governing Body The board of county commissioners of a county the commission or council of an incorporated municipality or any other chief governing body of a unit of local government however designated or the combination of such bodies Group Home A facility which provides a living environment for unrelated residents who operate as the functional equivalent of a family including such supervision and care as may be necessary to meet the physical emotional and social needs of the residents Adult congregate Living Facilities comparable in size to group homes are included in his definition It shall not include rooming or boarding houses clubs fraternities sororities monasteries or convents hotels residential treatment facilities nursing homes or emergency shelters Group house A dwelling occupied for residential use by students retarded persons prison parolees or other special classes of persons not otherwise associated as in a traditional family Growth control plan A plan for regulating the increase of new housing in a jurisdiction In order to be valid such a plan should be a legislative document enacted l in good faith meaning without an exclusionary motive or purpose and 2 providing for a flexible numbers of permits annually for a 3 comprehensive set of land uses as opposed to a cap on particular kinds of land uses and providing further for 4 inclusionary zoning devices for low or moderate income housing Growth control A timed growth andor sequential development ordinance involving an allocation scheme for the issuance of building permits usually imposed during the subdivision process usually involving an annual quota of permits set somewhat below the level of market demand for such permits and issued as part of a growth control plan See growth control plan sequential growth ordinance timed growth ordinance Growth Management is the coordination of land use plans and infrastructure needs in an effort to maximize the public good and minimize the adverse environmental impact of development Growth management has its roots in zoning law and thus relies on the police power of state and local governments for its validity Hardship A denial of land development privileges accorded other landowners in a use district by denying an applicant a variance because of unique or ordinancecreated circumstances such a location size or topography of the parcel Hazardous Waste Solid waste or a combination of solid wastes which because of its quantity concentration or physical chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported disposed of stored treated or otherwise managed High Hazard Coastal Areas see Coastal High Hazard Areas Historic Resources All areas districts or sites containing properties listed on the Florida Master Site File the National Register of Historic Places or designated by a local government as historically architecturally or archaeologically significant Land Use Glossary 7 7of17 Holding zone A use district in which only uses of extremely low intensity uses are permitted as of right such as agriculture Hurricane Shelter A structure designated by local officials as a place of safe refuge during a storm or hurricane Hurricane Vulnerability Zone or Areas subject to Coastal Flooding are the areas delineated by the regional or local hurricane evacuation plan as requiring evacuation The hurricane vulnerability zone shall include areas requiring evacuation in the event of a 100year storm or Category 3 storm event Impact Fee A charge collected by a local government from a developer the purpose of which is to pay for the increased costs generated by the developer resulting from his development Impact fees may not constitutionally be levied upon developments for the purpose of remedying existing infrastructure de ciencies Further the impact fee must be linked to the proposed development This relationship is defined by the Rational nexus test In Compliance A Comprehensive plan or amendment is Ain compliance if it is consistent with the requirements of FLA STAT 1633177 1633178 and 1633191 the state comprehensive plan the appropriate regional policy plan and rule 915 FAC where such rule is not inconsistent with FLA STAT Ch 163 Part II Inclusionary zoning The use of land use control techniques and ordinances to provide sites for low and moderate income housing within a municipality often used to meet a municipality39s Mt Laurel obligation See Mt Laurel obligation Industrial Uses The activities within land areas predominantly connected with manufacturing assembly processing or storage of products Infrastructure De ciency A lack of the adequate facilities in a given area see Infrastructure and Level Of Service Infrastructure Those manmade structures which serve the common needs of the population such as sewage disposal systems potable water systems potable water wells serving a system39 sold waste disposal sites or retention areas stormwater systems utilities piers docks wharves breakwaters bulkheads seawalls bulwarks revetments causeways marinas navigation channels bridges and roadways The presence of adequate Infrastructure is required before development approval under Floridas Growth Management Act see Public Facilities Interagency Hazard Mitigation Report means the recommendations of a team of federal state regional or local officials which address measures to reduce the potential for future flood losses and which is prepared in response to a Presidential Disaster Declaration Intergovernmental Coordination Element A required element of a local governments comprehensive plan that identifies and resolves con icts between local governments between local and state government and between local government and regional and state agencies Interim zoning Land use regulation undertaken while further planning is underway in a municipality valid only when conducted in good faith for a reasonable short period of time Inverse condemnation The exercise of eminent domain without following statutory procedures More generally the subject of a cause of action by a landowner alleging that a governmental agency has in effect taken under the Fifth Amendment the plaintiffs property and so should have used 7 but did not use i the procedures and steps in the applicable eminent domain code Investment backed expectations The prospect of earning a reasonable Return or profit from a property or parcel and often an element in a court39s test for whether or not a regulatory taking of property has occurred Land 1quot 39 r t 39 C 39 A 39 designated by a local government to develop and recommend to the local governing body land development regulations which implement the adopted comprehensive plan and to review land development regulations or amendments thereto for consistency with the adopted plan and report to the governing body regarding its findings The responsibilities of the land development regulation commission may be performed by the local planning agency Land Use Glossary 8 80f17 Land Development Regulations Ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning rezoning subdivision building construction or sign regulations or any other regulations controlling the development of land Note that the following more specific definition is found in FLA STAT 39 16332132b Land development regulation means an ordinance enacted by a local governing body for the regulation of any aspect of development including a subdivision building construction landscaping tree protection or sign regulation or any other regulation concerning the development of land This term shall include a general zoning code but shall not include a zoning map an action which results in zoning or rezoning of land or any building construction standard adopted pursuant to and in compliance with the provisions of FLA STAT ch 553 Landmark A property or parcel with aesthetic cultural or architectural significance Level of Service LOS Floridas Minimum Criteria Rule Rule 915 FAC requires that a local governments comprehensive plan must provide for the maintenance of an acceptable Level of Service for a variety of categories Rule 915 defines Level of Service as an indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility Level of service shall indicate the capacity per unit of demand for each public facility When applying the 915 acceptable definition to any given factual situation what level of service is acceptable is dependent on so many factors that acceptable is equivalent to reasonable See also Roadway Functional Classi cation and Transportation LOS Limited Access Facility A roadway especially designed for through traffic and over from or to which owners or occupants of abutting land or other persons have no greater than a limited right or easement of access Linkage fee A development fee paid at the time of a building permits issuance to compensate the issuing municipality for an opportunity cost involved in the permitted development as when a residential subdivider of land is required to pay a fee earmarked for an open space preservation fund or to support a on going public service the need for which is created by the development as when a downtown office building developer pays a fee into a fund to support public transportation See also impact fee Living Marine Resources are oceanic or estuarine plants or animals such as mangroves seagrasses algae coral reefs and living marine habitat39 fish shellfish crustacea and fisheries and sea turtles and marine mamma s Local Comprehensive Plan see Comprehensive Plan Local Government Any county or municipality and where relevant any joint airport zoning board or special district Local Peacetime Emergency Plans are plans prepared by the county civil defense or county emergency management agency addressing weatherrelated natural hazards and manmade disasters except nuclear power plant accidents and war The plan covers hazard mitigation emergency preparedness emergency response emergency recovery and in coastal counties hurricane evacuation Local Road A roadway providing service which is of relatively low traffic volume short average trip length or minimal through traffic movements and high volume land access for abutting property Low and Moderate Income Families means lower income families as defined under Section 8 United States Code the Assisted Housing Program or families whose annual income does not exceed eighty percent of the median income for the area The term Afamilies includes Ahouseholds Major Trip Generators 0r Attractors are concentrated areas of intense land use or activity that produces or attracts a significant number of local trip ends Map amendment See rezoning Marine Habitat Areas where living marine resources naturally occur such as mangroves seagrass beds algal beds salt marshes transitional wetlands marine wetlands rocky shore communities hard bottom communities oyster bars or ats mud ats coral reefs worm reefs artificial reefs offshore springs near shore mineral deposits and offshore sand deposits Marine Wetlands Areas with a water regime determined primarily by tides and the dominant vegetation is Land Use Glossary 9 90f17 salttolerant plant species including those species listed in Subsection 17400217 FAC Submerged Marine Species See now 173011003 Mass Transit Passenger services provided by public private or nonprofit entities such as the following surface transit modes commuter rail rail rapid transit light rail transit light guideway transit express bus and local fixed route bus Master plan Often a term referring to a comprehensive plan but sometimes referring as well to a plan formulated by the city planning department of a municipality but not et adopted by the municipality39s legislative body See comprehensive plan Minerals are all solid minerals including clay gravel phosphate rock lime shells excluding live shellfish stone sand heavy minerals and any rare earths which are contained in the soils or waters of the state Minimum Criteria Rule Rule 9J5 FAC Rule 915 flows from the rulemaking provisions of the 1985 Act and is promulgated by DCA for the purpose of establishing minimum criteria for the review and determination of pquot of local 1 39 plans FLA STAT 39 16331779 Rule 915 provides the vehicle for measuring the quality and content of local plans with regard to the 1985 Growth Management Act and the State and Regional Comprehensive Plans The Rule has a twofold purpose the first establishes minimum criteria for each comprehensive plan element The second purpose of the rule is to provide minimum criteria for the evaluation of local comprehensive plan consistency with the State and the appropriate Regional Comprehensive Plans Mobile Home A structure transportable in one or more sections which in the traveling mode is eight body feet or more in width and which is built on a metal frame and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing heating air conditioning and electrical systems contained therein 1f fabricated after June 15 1976 each section bears a US Department of Housing and Urban Development label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards See FLA STAT 39 32001 Moratoria Cessation of a usual administrative process and procedures for issuing permits of various types 7 building permits sewer and water hookup permits etc often used as a temporary measure for controlling urban growth Mt Laurel obligation The duty of a municipality to provide a fair share of a municipality39s regional needs for low and moderate income affordable or least cost housing See Mt Laurel Mt Laurel The New Jersey township in suburban Philadelphia that was the named defendant in a law suit which produced the leading opinion on exclusionary zoning See exclusionary zoning Natural Drainage Features The naturally occurring features of an area which accommodate the flow of significant amounts of stormwater such as streams rivers lakes sloughs floodplains and wetlands Natural Reservations Areas designated for conversation purposes and operated by contractual agreement with or managed by a federal state regional or local government or nonprofit agency such as national parks state parks lands purchased under the Save Our Coast Conservation and Recreation Lands or Save Our Rivers programs sanctuaries preserves monuments archaeological sites historic sites wildlife management areas national seashores and Outstanding Florida Waters This definition does not include privately owned land managed by a state agency on either a voluntary or a shortterm contractual basis Nexus An analytical link between the objective or purpose of a regulation and the text of the regulation implementing that purpose used in both due process and takings analysis in constitutional law as when a regulation is required quotto substantially advance a legitimate state interest quot See also rough proportionality Nonconforming use A use that preexisted but does not comply with present regulations for the use district in which it is established No provision of the present regulations shall taken as a whole be construed as preventing its continuance NonEuclidian zoning The regulation of land use through site plan review rather than on a lot by lot basis as with cluster zoning floating zones or planned unit development Nonpoint Source Pollution Any source of water pollution that is not a point source See Point Source Land Use Glossary 10 100f17 Pollution Objective A specific measurable intermediate end that is achievable and marks progress toward a Goal Oceanic Waters are waters of the Atlantic Ocean Gulf of Mexico or Straits of Florida excluding estuaries Open space regulation A regulation indicating a minimum percentage of a Parcel or tract that shall remain undeveloped and uncovered by an improvement other than lawn or greenery Open Spaces are undeveloped lands suitable for passive recreation or conservation uses Ordinance A legislative enactment of a municipality i that is of a county or municipal government 7 whose passa e is governed by a state enabling statute for that type or class of municipality local legislation as distinguished from a state statute See zoning ordinance Paratransit Transit services including ridesharing car or van pools demand responsive buses and other public transit services which are characterized by their nonscheduled nonfixed route nature Parcel of Land Any quantity of land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit Peak Hour Traf c Volume The largest amount of traffic that is generated during hourly periods of the day or year Traffic counts indicate differences in hourly weekdayweekend and seasonal volume and can be arrayed to show the number of hours that exhibited the highest volume Knowledge of peak hour volumes is basic to the determination of available roadway capacity and is therefore fundamental to urban planning and transportation proposals Performance zoning The regulation of land uses according to their external or nuisance effects Piecemeal zoning Noncomprehensive zoning See spot zoning Planned Unit Development PUD PUDs are mixeduse developments Planned Unit Residential Development PURD PURDs are comprehensively planned developments containing several forms of housing in a single area Sometimes commercial development incidental to the residential units is also permitted While PUDs may vary greatly in size and type the general goal is to maximize the beneficial use of the total land area Clustering of buildings is common as are recreational and service areas that benefit the entire PUD Plat map The recorded map showing the results of the subdivision process Point Source Pollution Any source of water pollution that constitutes a discernible confined and discrete conveyance including but not limited to any pipe ditch channel tunnel conduit well discrete fissure container rolling stock concentrated animal feeding operation or vessel or other oating craft from which pollutants are or may be discharged This term does not include return flows from irrigated agriculture contrast N onpoint source pollution Police power The plenary power of a state to legislate to protect the health safety morals and general welfare of its citizens and typically delegated to local governments for the purposes of zoning in an enabling statute39 in our constitutional scheme this is a power reserved to the states rather than delegated to the federal government although courts sometimes speak of a federal police power as well Policy The way in which programs and activities are conducted to achieve an identified Goal see also Goal and Objective Pollution is the presence in the outdoor atmosphere ground or water of any substances contaminants noise or manmade or maninduced alteration of the chemical physical biological or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare animal or plant life or property or unreasonably interfere with the enjoyment of life or property Population Peak is the total of permanent population and seasonal population Population Resident are those inhabitants counted in the same manner utilized by the United States Bureau of the Census in the category of total population Resident Population does not include seasonal Land Use Glossary 11 11of17 population Population Seasonal Parttime inhabitants who utilize or may be expected to utilize public facilities or services but are not residents Seasonal population includes tourists migrant farm workers and other shortterm and longterm visitors 1 Port Facility Harbor or shipping 39 p used 1 or 39 purposes including channels turning basins jetties breakwaters landings wharves docks markets structures buildings piers storage facilities plazas anchorages utilities bridges tunnels roads causeways and all other property or facilities necessary or useful in connection therewith Potable Water Facilities is the system of structures designed to collect treat or distribute potable water and includes water wells treatment plants reservoirs and distribution mains Presumption of validity The predisposition of a reviewing court to assume that a regulation has a rational basis and is related to a felt public need39 once it attaches to an ordinance the burden of proving its invalidity is cast on the Party challenging the ordinance also known as a presumption of constitutionality Private property Property held by a private individual or entity other than a governmental agency Property A group or bundle of rights which the owner of a thing or the holder of the title to a thing has with respect to it and with respect to others often thought of as land but also including improvements on the land as well as interests in both land and improvements and often named real estate Proportionate Cost or Proportionate Share In the area of impact fees proportionate cost is the idea that each development should pay its fair share of the increased costs for needed capital improvements in general or its fair share of the increased costs for a particular facility See Rational nexus test Public Access The ability of the public to physically reach enter or use recreation sites including beaches and shores Public Buildings and Grounds Structures or lands that are owned leased or operated by a government entity such as civic and community centers hospitals libraries police stations fire stations and government administration buildings Public Facilities and Services which must be available concurrent with the impacts of development means those covered by comprehensive plan elements required by FLA STAT 39 1633177 and for which level of service standards must be adopted under Chapter 915 Florida Administrative Code The public facilities and services are roads Rule 9J50073c139 sanitary sewer Rule 91501 12c2a39 solid waste Rule 91 50112c2b39 drainage Rule 91501 12c2c39 potable water Rule 91501 12c2d39 parks and recreation Rule 9J50143c4 and mass transit Rule 9J 50083c1 Note While 9J500552a7 references Rule 915008 that Rule was repealed February 20 1996 if applicable roads and public transit Rule 9J50194c1 see Infrastructure Public Facilities Transportation systems or facilities sewer systems or facilities solid waste systems or facilities potable water systems or facilities educational systems or facilities parks and recreation systems or facilities and public health systems or facilities see Infrastructure Quasijudicial A description of a regulatory proceeding such as a rezoning which has aspects of a judicial proceeding but which is also administrative in nature a hybrid proceeding Rational Nexus Test A test for determining whether an impact fee or required dedication is sufficiently linked to a proposed developments anticipated need for public facilities The Rational Nexus Test is composed of two basic elements First there must be a reasonable connection between the community growth generated by new development and the need for new facilities to serve that growth Second there must be a connection between the expenditure of fees collected from contributing development and the benefits that development enjoys Recreation Facility A component of a recreation site used by the public such as a trail court athletic field or swimming pool Recreation Sites Private Sites owned by private commercial or nonprofit entities available to the public for purposes of recreational use Land Use Glossary 12 120f17 Recreation Sites Public Sites owned or leased on a longterm basis by a federal state regional or local government agency for purposes of recreational use Recreation The pursuit of leisure time activities occurring in an indoor or outdoor setting Recreational Uses Activities Within areas Where recreation occurs Referendum A election to affirm or reject a state or municipal legislative enactment conducted at either level of government initiated by a petition and authorized either by a state constitution or state statute Regional general welfare The general welfare of a region or metropolitan area as opposed to that of a municipality Within the region or area See general welfare Regional Planning Agency The agency designated by the state land planning agency to exercise responsibilities in a particular region of the state Regulatory taking Either the permanent or temporary meaning lasting as long as an invalid regulation is enforced denial of all reasonable economically viable use of a parcel and exceeding the police power to regulate that parcel Without compensation Relocation Housing Those dwellings which are made available to families displaced by public programs provided that such dwellings are decent safe and sanitary and Within the financial means of the families or individuals displaced Residential Uses are activities Within land areas used predominantly for housing Resource Planning and Management Committee A committee appointed pursuant to FLA STAT 380045 Reverse spot zoning A legislative land use action that in an arbitrary and nonuniform manner singles out a particular parcel for different less favorable treatment than is accorded neighboring parcels as opposed to spot zoning that accords more favorable treatment than is available to neighbors See spot zoningquot Rezoning A change or amendment in either the text of a zoning ordinance a text amendment or in its accompanying zoning map a map amendment requested by an owner of land or property and made by a local legislative body RightofWay Land dedicated or required for a transportation or utility use in which the state a county or a municipality owns the fee simple title or has an easement Roadway Functional Classi cation The assignment of roads into categories according to the character of service they provide in relation to the total road network Basic functional categories include limited access facilities arterial roads and collector roads which may be subcategorized into principal major or minor levels Those levels may be further grouped into urban and rural categories Rough proportionality A second analytical nexus required of an exaction and linking the interpretation of a regulation and the harm created by the development for Which a permit is sought and the issuance of which is conditioned by an exaction Sanitary Sewer Facilities are structures or systems designed for the collection transmission treatment or disposal of sewage and includes trunk mains interceptors treatment plants and disposal systems Sanitary Sewer Interceptor A sewage conduit which connects directly to and transmits sewage to a treatment plant Sanitary sewer trunk main means a sewerage conduit which connects directly to and transmits sewage to an interceptor Sequential growth ordinance A regulation encouraging urbanization out from or around an urban core encouraging the infilling of land parcels before nonurban land is developed in order to discourage urban sprawl generally supported by a growth control plan and typically enacted in conjunction with a timed growth ordinance See growth control plan timed growth ordinance Services are the programs and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational health care social and other programs necessary to support the programs public facilities and infrastructure set out in the local plan or required by local state or federal law Land Use Glossary 13 130f17 Setback A required minimum horizontal distance between a building line and a related front side or back property boundary Shoreline or Shore is the interface of land and water and as used in the coastal management element requirements is limited to oceanic and estuarine interfaces Site plan A diagrammatic map showing the placement of improvements and other facilities for a tract involved in a nonEuclidian rezoning or other regulatory procedure Solid Waste Facilities are structures or systems designed for the collection processing or disposal of solid wastes including hazardous wastes and includes transfer stations processing plants recycling plants and disposal systems Solid Waste is sludge from waste treatment works water supply treatment plant or air pollution control facility or garbage rubbish refuse or other discarded material including solid liquid semisolid or contained gaseous material resulting from domestic industrial commercial mining agricultural or governmental operations Solid Waste Processing Plant A facility for incineration resource recovery or recycling of solid waste prior to its final disposal Solid Waste Transfer Station A facility for temporary collection of sold waste prior to transport to a processing plant or to final disposal Special District A unit of government sometimes called an authority established to perform one or more specialized functions Special districts are commonly formed to provide water sewer or transportation facilities to facilitate fire protection etc Special districts may comprise a small area of the governments jurisdiction or cross jurisdictional lines The special district created by state law and generally subject to referendum often has a governing board with its own taxing and borrowing powers and may also have the power of eminent domain Special districts are formed to enable the construction and financing of a facility over an area with many political subdivisions and to evade constitutional taxation and borrowing restrictions on local units of government Special exception A land use that is not permitted as of right and that because it has special impacts on surrounding uses or other special characteristics is permitted subject to administrative approval and its conforming to criteria preset in the ordinance Spot zoning A legal doctrine prohibiting zoning regulators from treating one landowner in a use district in a manner different disparate or nonuniform when contrasted with the treatment given his or her neighbors in a zoning ordinance It is usually as a result of a piecemeal rezoning Used often as a pejorative term it can result in lightening the burden of regulation for i or favoring i the landowner requesting the rezoning ut occasionally it can refer to one landowner being disfavored as well A judge made doctrine in most states State Land Development Plan A comprehensive statewide plan or any portion thereof setting forth state land development policies State Land Planning Agency is the Department of Community Affairs The State land planning agency may also be referred to as The Department Stormwater is the flow of water which results from rainfall Street A public or private thoroughfare used for the passage of motor vehicles including a residential access street used for the sole purpose of providing access and services to residential lots a collector street used carry through traffic an arterial street an interneighborhood road sometimes with restricted access so that efficient traffic flow is promoted and expressway a limited access interregional arterial or superhighway or freeway Structure Anything constructed installed or portable the use of which requires a location on a parcel of land it includes a movable structure while it is located on land which can be used for housing business commercial agricultural or office purposes either temporarily or permanently Structure also includes fences billboards swimming pools poles pipelines transmission lines tracks and advertising signs Subdivision fee A payment of money in connection with the process of subdivision in order to pay for Land Use Glossary 14 14of17 public facilities attributable to the insertion of the subdivision into the jurisdiction sometimes made inlieu of the dedication of land within the subdivided tract Subdivision The division of a tract of land into smaller lots usually building lots along with designation of public facilities eg streets curbs and gutters parks and playgrounds and school sites to be build to the jurisdiction39s specifications within and sometimes without the tract often dedicated for public use or subject to payment of fees inlieu of dedication for small subdivisions and all shown on a plat map Substandard Areas Special Management Zones or Compact Deferral Areas mean an area that the local government has chosen to restrict development in because of inadequate infrastructure Most often these areas are defined as some radius around a congested or otherwise inadequate roadway Substantial evidence The quantum of evidence required by a reviewing court to support the granting of a variance special exception or other administrative order often referred to as quotmore than a scintilla of evidence 7 a material amount of but less than the weight or a preponderance of the evidence presented It is what a reasonable mind might accept as adequate or providing a reasonable basis to support the granting or denial of the application39 evidence affording a substantial basis of fact for a conclusion and in a trial sufficient to justify denying a motion for a directed verdict Substantive due process The right of a property owner to receive a benefit back in exchange for the imposition of a regulatory burden guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution Support documents mean any surveys studies inventory maps data inventories listings or analysis used as bases for or in developing the local comprehensive plan Take When used by the government To assert the power of eminent domain condemnation or some equivalent power in which case the action of the government is called as inverse condemnation Taking The effect or result of governmental action which physically invades private property or regulates it to a degree that its owner cannot make any economically viable use of it In the plural this is referred to as the law of takings See Take Takings clause The last clause in the Fifth Amendment to the United States Constitution guaranteeing that no private property will be taken for public use or benefit unless just compensation is first paid by the government made applicable to the states by its incorporation into the due process clause of the Fourteenth Amendment Temporary taking A taking whose effects are shortterm as when an regulation39s validity is litigated and found invalid and whose further enforcement is enjoined thereafter the time during which the invalid regulation was in force is considered a temporary taking Text Amendment See rezoning Timed growth ordinance A regulation allocating an annual quota of building or other special development permits and setting a maximum on the number of such permits to be issued during that period of time supported by a growth control plan and typically enacted in a sequential growth ordinance Top Down refers to the nature of the consistency required under FLA STAT 39 163 Part II Local governments are required to make their comprehensive plans conform to the state and regional plans Contrast the Bottom up concept Townhouse A singlefamily dwelling attached to another dwelling used the same way Transferable development right A right to develop property on a so called sending parcel available under current regulations but unused because of a special designation of the property say landmark status rendering the right usable elsewhere on a different designatedinadvance property a receiving parcel cluster zoning is an example of transferable development rights when the right is transferred between different portions of the same parcel Transferable Development Rights TDRs A land management device whereby the development potential of a particular piece of land is transferred to another TDRs are often used to compensate a landowner whose development rights have been restricted without the additional cost to government of purchasing the land or exercising its power of eminent domain Examples of restrictions compensated for by TDRs are the preservation of open space and historic buildings Transportation Disadvantaged means those individuals who because of physical or mental disability income status or age are unable to transport themselves to or purchase transportation and are therefore Land Use Glossary 15 150f17 dependent upon others to obtain access to health care employment education shopping social activities or other lifesustaining activities Undue hardship A difficulty created by the enforcement of the terms in a zoning ordinance such that the owner of a property cannot make a reasonable use of the property or that the property cannot yield the owner a reasonable return and resulting in the de facto confiscation of an owner39s land or property See variance Urban design The pattern of urban forms comprising a city town or other municipality or the process of patterning such forms into a design Urban Sprawl Per Rule 9J5003l40 urban sprawl means Urban development or uses which are located in predominantly rural areas or rural areas interspersed with generally lowintensity or lowdensity urban uses and which are characterized by one or more of the following conditions a The premature or poorly planned conversion of rural land to other uses b the creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area39 or c the creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided Urban sprawl is typically manifested in one or more of the following land use or development patterns Leapfrog or scattered development39 ribbon or strip commercial or other development39 or large expanses of predominately lowintensity lowdensity or single use development Continuing It is not functionally related to or integrated with other existing urban developments facilities and services and as a consequence requires public investments for infrastructure and services that are far more expensive than if the development was located closer to existing facilities and services CDCA Technical Memo Spring 1989 Volume 4 Number 2 In addition to the increased infrastructure costs Urban Sprawl is also said to be undesirable because of its negative environmental impact and its inhabitants necessary reliance upon the automobile as their exclusive mode of transportation There is by no means universal agreement concerning this planning theory Alternative views of urban sprawl contend that this supposedly more fiscally efficient and livable compact urban form is part of our repertoire of powerful yet often nostalgic urban imagery and runs counter to residential preference for low density lifestyles See Audirac Shermyen Smith J 56 AM PLAN ASS N Autumn 1990 Number 4 Variance A relaxation of the literal terms of a zoning ordinance in order to prevent undue hardship or unnecessary difficulty for a land or property owner which hardship or difficulty is occasioned by the enforcement of the ordinance s terms which has not been created by the owner and which has a unique impact on that owner by permitting an otherwise reasonable use of the owner s land and property See hardship Vegetative Communities are ecological communities such as coastal strands oak hammocks and cypress swamps which are classified based on the presence of certain soils vegetation and animals Vest Used as a verb reaching or passing that point in the development process when a developer acquires the right to proceed with construction free of the risk that regulators will later change the permitted land uses for the underlying land rendering illegal the use for which the construction is intended as in quotthe development vests when the building permit is issued Vested contractual right A vested right acquired by estoppel based on governmental action and based on the doctrine of equitable estoppel asserted against a municipality Vested right A freedom from the imposition of development restrictions more burdensome than in effect when the right is acquired39 such a right is acquired by obtaining a building permit and acting upon it to commence construction before the existing zoning is changed or the permit is revoked Water Recharge Areas are land or water areas through which groundwater is replenished Water Wells are wells excavated drilled dug or driven for the supply of industrial agricultural or potable water for general public consumption WaterDependent Uses are activities which can be carried out only on in or adjacent to water areas because the use requires access to the water body for waterborne transportation including ports or marinas recreation39 electrical generating facilities or water supply WaterRelated Uses are activities which are not directly dependent upon access to a water body but which provide goods and services that are directly associated with waterdependent or waterway uses Land Use Glossary 16 160f17 Wetlands are those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support and under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soils Soils present in wetlands generally are classified as hydric or alluvial or possess characteristics that are associated with reducing soil conditions The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above These species due to morphological physiological or reproductive adaptations have the ability to grow reproduce or persist in aquatic environments or anaerobic soil conditions Florida wetlands generally include swamps marshes bayheads bogs cypress domes and strands sloughs wet prairies riverine swamps and marshes hydric seepage slopes tidal marshes mangrove swamps and other similar areas Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto The delineation of actual wetland boundaries may be made by any professionally accepted methodology for the delineation of the extent of wetlands ratified by the Legislature Zone A portion of a local jurisdiction or municipality within which certain land uses are either permitted or not and within which the height placement and bulk of improvements coverage of lot and density are regulated by specification of a maximum for eac Zoning envelope The full development of a parcel permitted after the application of all land use regulations as in quotbuilding out to the envelope and as in when density bonuses are available quotpushing the envelope Zoning ordinance Local legislation including a text and zoning map indicating the regulations that apply to each tract or parcel of land within a municipality and containing permitted use height and area regulations Land Use Glossary 17 17of17


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