Municipal Planning and Land Use

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Our attorneys in the Public Land Use Group have extensive experience in representing local governments in all aspects of land use, planning and zoning. Using a problem-solving approach, our unique group of attorneys provides advice and counsel to local governments on a range of issues from establishing and amending state-mandated comprehensive plans, small area plans, and land development regulations, to reviewing and approving applications for planned unit developments, plats, site plans and building permits. We also counsel local governments when they act as developers, either alone or in partnership with a private developer. We pride ourselves on our creativity, knowledge and persistence in ensuring that our local government clients achieve the results that they desire in developing their communities.

We provide advice to local government staff such as planning directors, city managers, comprehensive planners, and building departments. We draft ordinances and resolutions, and sit with boards, councils and commissions dealing with land development matters, such as Planning and Zoning Boards, Local Planning Agencies, and Zoning Boards of Adjustment. We advise these boards, individually and collectively, in their handling of public hearings, with particular attention to the quasi-judicial nature of many of the proceedings. When it is apparent that a particular regulation or application may result in a denial or a challenge, we work with the firm’s Litigation Division to lay the groundwork for a successful outcome for the local government.

In addition to the full scope of land use and zoning advice provided in the general administration of government, we also provide comprehensive help to governmental agencies undertaking public development projects, such as police and fire stations, sports arenas and stadiums, commercial parks, industrial parks, marinas and water/sewer treatment facilities. Partnering with the firm’s Real Estate Group and Private Land Use Group as needed, we are uniquely qualified in handling such matters, including the most sophisticated large-scale projects and Developments of Regional Impact. Our attorneys are regarded locally as well as nationally for their knowledge of growth management issues and complex zoning issues, such as “takings,” development exactions, impact fees, concurrency, rate of growth controls, urban growth boundaries, and other similar issues facing most governmental agencies.

Some of our specific areas of practice include:

• Land Use Planning
• Comprehensive Plans
• Evaluation and Appraisal Reports
• Small Area Plans and District Plans
• Water Supply Planning
• Land Development Planning
• Historic Preservation Regulations and Standards
• Rate of Growth Ordinances
• Zoning in Progress and Moratoria
• Areas of Critical State Concern
• Platting
• Variances and Special Exceptions
• Site Plans
• Regulation of Large Scale Commercial Uses and “Big Box” Development
• Transit-Oriented Development Regulations
• Design Guidelines for Commercial Development
• Development Procedures
• Notice and Hearing Requirements
• Land Use Plan Amendments
• Rezoning
• Development Agreements
• Regulations of First Amendment Land Uses
• Adult Use Regulations
• Sign Regulations
• Regulations of Places of Public Assembly, Including Religious Uses
• Exactions and Impact Assessments
• Impact Fees
• Linkage Fees
• Transportation and Transit Concurrency Regulations
• School Concurrency Agreements and Regulations
• Proportionate Share Mitigation Agreements
• Affordable/Workforce Housing Regulations and Programs
• Large Scale Developments
• Developments of Regional Impact
• Planned Unit Developments
• Joint Land Use Studies for Military Bases
• Watershed Planning
• Public-Private Development Ventures
• Litigation
• Bert J. Harris Act Claims (Chapter 70, Florida Statutes)
• Claims for Compensation
• Part II Dispute Resolution Proceedings Before a Special Master
• Petitions for Certiorari Related to Quasi-Judicial Decisions
• Variances
• Special Exceptions
• Special Use Permits
• Religious Land Use and Institutionalized Persons Act (RLUIPA) Claims
• 42 U.S.C. Section 1983 Claims Arising Out of Land Use Approvals
• Procedural and Substantive Due Process
• Equal Protection
• Regulatory Takings/Inverse Condemnation
• First Amendment Retaliation
• Comprehensive Plan Consistency Challenges
• School Facilities Planning
• School Collocation and Joint Use Agreements
• School Concurrency Agreements and Regulations

Land Use

The State of Florida’s Growth Management Act has mandated that local governments enact and implement comprehensive plans to guide their growth and development. The Firm’s Attorneys in its Land Use Group practicing in this area have extensive and unique experience and depth in their chosen area of practice. Not only have these attorneys spent years providing advice and counsel to local governments on land use issues, but many have actually served as members or chairpersons of local and state planning boards charged with reviewing and evaluating comprehensive plans and land use issues. Two are board certified in City, County and Local Government Law by the Florida Bar, and two are members of the American Institute of Certified Planners. Three have advanced planning degrees, and one is a former planning director for a local government.

These same attorneys have been instrumental in preparing, drafting and defending local government comprehensive plans, and processing those plans and amendments through the complicated state-mandated approval process in Florida. The attorneys in this practice area regularly provide advice and counsel to local government elected officials and administrative staff on the proper interpretation and application of comprehensive plans. Our attorneys provide both substantive as well as procedural guidance on the conduct of plan amendment proceedings. We are always aware of the potential challenge to any local government action and, in that regard; we make every effort to ensure that a proper record of the proceedings is preserved.

Zoning

Florida’s Growth Management Act also requires that every local government implement its comprehensive plans through the adoption of land development regulations, including zoning ordinances. Our attorneys have years of experience preparing, interpreting and applying land development regulations, particularly zoning ordinances. We routinely prepare and amend land development regulations and zoning ordinances for local governments. We regularly provide advice to both the elected officials and administrative staff on the application, implementation and interpretation of local land development regulations. We have extensive experience with the regulation of First Amendment-related land uses, such as signs, religious uses, and adult uses, including defending challenges to such regulations in partnership with the firm’s Litigation Division.

Our zoning work includes providing general day-to-day advice to planning and zoning officials involved in the permitting of projects, as well as to elected and appointed boards reviewing and acting upon zoning applications, such as rezoning, variances, special exceptions, plats, and other development approval applications. We work with the local government’s planning staff to ensure that the staff report provides an adequate basis for decision-making, includes all relevant factual information, and is focused on the relevant legal and code criteria. Our attorneys have attended and provided advice and counsel at hundreds of quasi-judicial zoning hearings and proceedings.

Building and Permitting

As part of our regular practice, the Public Land Use Group regularly provides advice to local government staff and building officials on the application, interpretation and implementation of building codes, life safety regulations and other permitting regulations that govern the development of land and construction of properties. These attorneys also draw on years of experience in all aspects of regulation in providing advice on issues of enforcement and violations.

Publications

Land Use Elements Newsletters

Perspectives on the 2009 Growth Management Legislation, The Florida Bar Journal, October 2009, Volume 83, No. 9

Best Practices in Regulation of First Amendment Land Uses, October 8, 2009

Florida Right-to-Farm Act:  Sword and Shield

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Senate Bill 360, Version 2.0: Growth Management for the 21st Century?

Best Practices in First Amendment Land Use Regulations, June 2009, Planning and Environmental Law, a publication of the American Planning Association

Sustaining Our Community Without Comprising Our Ethics

Affordable Housing and Sustainable Communities: An Affordable Housing Ordinance from Start to Finish