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73 Cards in this Set
- Front
- Back
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Police Power
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The power to regulate on behalf of the health, safety, morals and general welfare of the community.
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Land Use Law
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Land use law is the most dynamic and constantly changing aspect of property law because it is an amalgamation of property law and public law.
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Alleged Nuisance Lawsuit
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Lawsuits involving neighbors suing neighbors or a public officials acting against a neighboring landowner on behalf of the public in general.
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Action for Waste - Waste Lawsuit
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Lawsuits involving individuals who share the ownership of a parcel of land.
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Ameliorating Waste
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If the change to the property results in increasing the value of the land referred to as ameliorating waste.
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Affirmative or Voluntary Waste
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An act which results in permanent and substatial change to the property and is unreasonable constitutes waste on the part of the person in possession.
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Permissive Waste
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Permissive waste can result when there is a failure by the possessor to act to preserve the property when he is found to have a reasonable duty to act.
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Measure of Damages
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Is the amount by which the acts of the possessors have diminished the value of the interest of the party not in possession.
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Private Nuisance
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Private nuisance is an unreasonable interference with the use or enjoyment of land without there being a tresspass or physical invasion.
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Public Nuisance
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Public nuisance is an unreasonable interference which would adversely affect the health, morals, safety, welfare, comfort or convenience of the public in general.
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The Restatement of Torts
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The Restatement of Torts indicates that factors to be considered in nuisance cases include the adequacy of the injunction and other remedies, unclean hands or laches on the part of the plaintiff, the relative hardship to the parties, the interests of third parties and the public, the ability to frame and enforce the decree.
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Unincorporated Area
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• An unincorporated area is a region of land that is not a part of any municipality. To "incorporate" in this context means to form a municipal corporation, a city or town with its own government. Thus, an unincorporated community is usually not subject to or taxed by a city government. Such regions are generally administered by default as a part of larger territorial divisions, such as a township, borough, county, state, province, canton, parish, or country.
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Infill
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Infill is defined as the development of vacant or under-utilized land within the Urban Service Area (USA) where restoration or rehabilitation of existing structure or infrastructure maintains the continuity of the original community fabric.
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Smart Growth
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Redevelopment of vacant and under-utilized supports many smart growth principles. A range of housing opportunities can be created, a mix of land use will be provided, community and stake holder collaboration in development decisions will be encouraged and communities with a strong sense of place will be created.
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Community Revitalization
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revitalize - To give new life, energy, activity or success to something; To rouse from a state of inactivity or quiescence.
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Urban Gentrification
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is the change in an urban area associated with the movement of more affluent individuals into a lower-class area.
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Grey-field Land
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is real estate or land which is underutilized, typically producing far less revenue than it would if properly managed.
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Brown-field Land
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may be partially contaminated, greyfield land usually does not require environmental remediation before it can be redeveloped. Some urban areas actively promote improvement of greyfield land, for a variety of reasons ranging from a desire to up the density level to improving communities.
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Overlay Zoning
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Overlay zoning is a regulatory tool that creates a special zoning district, placed over an existing base zone(s), which identifies special provisions in addition to those in the underlying base zone. The overlay district can share common boundaries with the base zone or cut across base zone boundaries. Regulations or incentives are attached to the overlay district to protect a specific resource or guide development within a special area.
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Acessory Dwelling Unit
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A secondary dwelling unit established in conjunction with and clearly subordinate to a single family detached dwelling unit. An accessory dwelling unit may be allowed if the Board of Zoning Adjustment (BZA) grants a special exception.
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Accessory Building/Use
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A subordinate and incidental use to the principal use.
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Board of Zoning Adjustment and Appeals (BZA)
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A seven-member Board appointed by the Board of County Commissioners to act in an advisory capacity on issues of variances and special exceptions to County zoning regulations.
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Buffer
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A combination of physical space and vertical elements, such as plants, fences or walls, the purpose of which is to separate and screen incompatible uses.
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Buildable Land Area
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That area of a site where a building or other improvements can occur excluding such areas as wetlands, water bodies, floodplain, easements, hazardous areas, etc.
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Capacity
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Refers to the availability of a public service or facility to accommodate users, expressed in an appropriate unit of measure, such as gallons per day or average daily trip ends.
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Capacity, available
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Capacity which can be encumbered or reserved to future users for a specific public facility or service.
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Capacity, encumbered
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Capacity which has been removed from the available capacity bank through the issuance of a capacity encumbrance letter.
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Capacity encumbrance letter
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A letter issued by the county based upon a determination that adequate capacity for each public service and facility is available and has been encumbered for one hundred twenty (120) days to serve the densities and intensities of development designated on such capacity encumbrance letter.
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Capacity information letter
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An informational and nonbinding letter for a specific development or property which indicates available capacity for each public facility based upon adopted Level of Service Standards at the time the letter is issued but which does not guarantee capacity in the future, nor encumber, commit or reserve capacity for any period of time.
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Capacity, permitted
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Capacity which has been removed from the reserved or encumbered capacity bank and committed to a particular property through issuance of a building permit.
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Capacity, reserved
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Capacity which has been removed from the available or encumbered capacity bank and allocated to a particular property through issuance of a capacity reservation certificate reserving capacity for a period of time specified in such capacity reservation certificate.
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Capacity Reservation Certificate
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A certificate issued by the County which constitutes proof that adequate capacity for each required public facility or service exists and has been reserved to serve the densities and intensities of development within the time period designated on such certificate.
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Capacity reservation fee
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The fee as established by resolution of the Board of County Commissioners that is required to be paid to the County as a condition of capacity reservation.
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Capacity, used
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Capacity which is being used by existing residents and development.
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Capacity, vested
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Capacity which has been withdrawn from the available capacity bank through issuance of a vesting determination or phasing agreement.
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Certificate of Concurrency
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The certificate issued by the County upon finding that an application for a development permit meets the standards set forth in the County Comprehensive Policy Plan for public facilities and services
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Cluster Development
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A development, usually residential, in which lot sizes are reduced while the overall density remains the same, thereby creating common open space areas which are permanently restricted from development.
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Concurrency evaluation
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The process whereby new projects are reviewed ensuring that sufficient capacity exists in public facilities prior to the issuance of development orders for new growth. A concurrency certificate is issued after the review is complete and the project meets requirements. A concurrency determination shall be made for the following public facilities/services: potable water, sewage treatment, drainage, solid waste disposal, parks and transportation.
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Concurrency management system
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The procedures and processes that the County utilizes to ensure that no development order or permit is issued by the County unless the necessary concurrent public facilities and services are available or are assured to be available consistent with the Comprehensive Policy Plan, and to comply with State law (FL Stat. § 163.3202(2)(g)), in order to meet the impacts of development.
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Conservation areas
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Lands which have unsuitable or nonrated soils, wetland vegetative species, are seasonally flooded and perform an environmental function, as described in the County's Comprehensive Policy Plan.
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Density, gross
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The number of dwelling units per gross acre (du/ac). Orange County applies a net density calculation to all proposed residential projects. The gross land area excluding natural lakes and designated conservation areas determines net (developable) acreage.
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Density, net
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The number of dwelling units divided by the net (developable) acreage. Orange County applies a net density calculation to all proposed residential projects. The gross land area excluding natural lakes and designated conservation areas determines net (developable) acreage.
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Developable
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A site meeting the minimum tract sized requirement of the zoning district applicable to the tract after subtracting natural surface water bodies and conservation areas, unless the zoning district is inconsistent with the applicable Future Land Use Map designation in the Comprehensive Policy Plan, in which event the minimum tract size requirement shall be the smallest tract size allowed in any zoning district which is consistent with the Future Land Use Map designation.
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Development Advisory Board (DAB)
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A group of nine members appointed by the Board of County Commissioners (BCC) to review Orange County subdivision regulations and suggest changes to the Board of County Commissioners.
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Development
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The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels
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Development of Regional Impact (DRI)
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Any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county
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Development Order
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Any order granting, denying, or granting with conditions an application for a development permit.
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Development Permit
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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.
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Development Plan (DP)
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For a development project, includes copies of properly identified exhibits and support materials including the project name, legal description and acreage, a location map identifying the relationship of the DP to the approved Land Use Plan, Preliminary Subdivision Plan if applicable, proposed uses, stormwater plan, etc. (as defined by Orange County codes).
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Development Review Committee (DRC)
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A committee comprised of various staff members organized for the purpose of review, evaluation and making recommendations to the Planning and Zoning Commission and Board of County Commissioners on land development and zoning matters. Voting members consist of the director or manager, or their designee, of the Public Works, Utilities, Planning and Zoning divisions or departments; the County Mayor shall designate one additional voting member from one of these divisions or departments to serve as chairman of the DRC.
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Evaluation and Appraisal Report (EAR)
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A report assessing the progress in implementing the local government's comprehensive plan, to be adopted once every seven years.
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Floodplain
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Land area subject to inundation by flood waters from a river, water- course, lake, coastal waters or any source. Floodplains are delineated by the Federal Emergency Management Agency (FEMA) according to their estimated frequency of flooding.
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Grandfather(ing)
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The act of recognizing specific legal non-conforming uses established before the adoption of the Comprehensive Policy Plan. Any grandfathered use that is terminated, abandoned, or demolished for more than 24 consecutive months (2 years) loses its legal status.
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Land Use Plan (LUP)
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For Planned Developments, are required land use plans consisting of properly identified exhibits and support materials including the project name, legal description, total acreage and location map, topography, existing and proposed land uses, streets, etc. (as defined by Orange County codes).
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Local Planning Agency (LPA)
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The agency designated to prepare the Comprehensive Plan or Plan amendments. The Planning & Zoning Commission serves as Orange County's Local Planning Agency.
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Lot or parcel of land
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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.
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Lot
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A portion of a subdivision or any other parcel of land intended as a unit for building development or for transfer of ownership or both.
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Mitigation
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Any action taken to permanently eliminate or reduce the long-term risk to human life, property, and function from hazards. Usually consists of restoration, enhancement, creation, preservation, or a combination thereof.
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Non-Conforming Use
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Any use legally permitted under the effective Land Development Code, but which has since become non-conforming (not conforming to current regulations) with subsequent Code changes. These uses are considered "legal" non-conforming uses as long as the use is continued; however, if that use is ceased for more than 180 days (6 months) the right to that use is relinquished. Nonconforming uses are often referred to as "grandfathered" uses. An example of a nonconforming use would be a neighborhood convenience store having parking spaces for 10 cars while current regulations require 15 spaces
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Notice of Intent (NOI)
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A Department of Community Affairs determination that an adopted comprehensive plan amendment is either "in compliance" or "not in compliance" with state law
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Objections, Recommendations and Comments Reports (ORC)
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A report issued by the Department of Community Affairs, based on its review, providing any objections, recommendations and comments to a local government's proposed comprehensive plan amendment.
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Open space
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That portion of a site which generally is not covered by buildings, streets, or parking areas.
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Overlay zoning
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A set of regulations which are superimposed upon and supplement, but do not replace, the underlying zoning district and regulations otherwise applicable to the designated areas.
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Performance Standards
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A criterion established to control such matters as, but not limited to, noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare and heat generated by or inherent in uses of land or buildings (Orange County Code Sec. 38). Land development and use are regulated by a series of performance standards relating to the specific impacts of a proposed development and can, for example, ensure compatibility, set a maximum level for the noise impacts on adjacent property or require specified types of buffers to be established between certain types of land uses.
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Planned Development (PD)
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A project submitted for review under the Planned Development (P-D) zoning district. The P-D district is a flexible zoning district which is intended to provide an appropriate balance between the intensity of development and the ability to provide adequate capacity within the support services and facilities.
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Planning and Zoning Commission
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A group of nine members appointed by the Board of County Commissioners (BCC) to act in an advisory capacity to the BCC on planning and zoning in the county.
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Plat
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A map or drawing depicting the division of lands into lots, blocks, parcels, tracts, sites, or other divisions, however designated for the purpose of recording.
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Preliminary Subdivision Plan (PSP)
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A plan with supporting data for a proposed subdivision, developed for the purpose of establishing the general layout and provision of streets, lots, blocks, drainage and utilities.
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Public Facilities
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Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
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Vested Rights Certificate
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Enables the owner of a property to undertake and complete the development addressed by the vested rights certificate, notwithstanding that the development may be inconsistent with the Comprehensive Policy Plan, or in violation of the concurrency requirements of the Plan, or both, as the certificate may specify, but only if the development complies with and is subject to all other applicable laws and regulations.
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Vested Rights Determination
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A determination from the County of whether a person's right to complete a development is vested.
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Vested Rights, Consistency or Concurrency
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Vested rights generally allow completion of any development that has been authorized as a Development of Regional Impact (DRI) or that has been issued a final development order and development has commenced and is continuing. Any person may request from the County a vested rights certificate, or a determination of whether the person's right to complete a development is vested. Additional requirements may be found in Orange County Code Sec. 30. Consistency Vested Rights address vested rights inconsistent with the Comprehensive Policy Plan, whereas Concurrency Vested Rights address vested rights in violation of the concurrency requirements of the Comprehensive Policy Plan.
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Variance
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A request to deviate from current zoning requirements. If granted, it permits the owner to use his land in a way that is ordinarily not permitted by County ordinances. It is not a change in the zoning law but a waiver of a certain requirements. The Board of Zoning Adjustment may recommend a variance from the terms of the zoning resolutions where, owing to special conditions, a literal enforcement of the provisions of the zoning resolutions would result in unnecessary hardship. Examples are to allow construction of a swimming pool and screened enclosure zero (0) feet from the property line in lieu of 5 feet in an R-1 (single family-7,500 sq. ft. lots) zone or to allow in an R-2 (residential 1-4 unit structures) zone the creation of a substandard lot 75 feet in lot width in lieu of 80 feet for duplex use.
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