Page 93 - Akerman | 2016 Guide to Doing Business in Florida

requirements for some types of mitigation, including provisions to ensure that new development
not be required to pay for existing deficiencies. As a practical matter, local government
interpretation of these provisions varies and negotiation between the applicant and the local
government is often critical.

Some local governments have adopted Transportation Concurrency Exception Areas (TCEAs),
within which LOS standards do not apply. In these areas, there is usually an emphasis on other
modes of travel and there may be special land use, design or transportation requirements. In
the past, the ability to adopt TCEAs has been limited due to statutory criteria. Although
transportation concurrency is now optional, some local governments have opted to retain
transportation concurrency, but establish TCEAs within certain areas, potentially facilitating
development in those locations. Other local governments have completely replaced their
transportation concurrency systems with mobility plans, which typically include special
requirements and fees that may vary depending on the location and character of the
development area.

9.8.7 Land Development Regulations (LDRs)
Statutes also require that each local government adopt a unified development code to
implement the comprehensive plan. These Land Development Regulations (“LDRs”) must cover
a broad array of topics, including: subdivision, use of land and water, compatibility, open
space, environmental protection, signage, concurrency management, on-site traffic
management and flood control. In most instances, LDRs are not reviewed by the State, but
they must be consistent with the local comprehensive plan. They may, and often do, further
limit the uses allowed under the plan and provide more specific development standards not
contained within the plan.

Many local governments in Florida have an extensive set of LDRs that may include
development standards for urban design and even for architectural style. More sophisticated
local governments are adopting new provisions that encourage or sometimes even mandate
that projects accommodate certain design criteria, such as principles of smart growth and
pedestrian-oriented design. Standards may include restrictions on maximum floor area for
commercial establishments, requirements for lining parking garages with habitable units,
placement of surface parking to the rear of buildings, the preservation of view corridors, and the
use of specific colors and materials consistent with the surrounding neighborhood. However,
many local governments, especially some smaller towns and rural counties, maintain LDRs
containing conventional zoning and subdivision requirements similar to those commonly found
around the country.

LDRs often require that development proposals obtain special approval from the local
government, either through administrative mechanisms or through public hearings before the
local legislative body, planning and zoning boards, and/or design review boards. Some
jurisdictions require such approval when a development proposal exceeds a certain amount of
building area or floor area. Some go so far as to mandate that any development proposal
consisting of more than a single-family home obtain site plan approval before the legislative
body. LDRs specify those uses that require a special exception or conditional use permit, both
of which entail additional processes and sometimes additional standards. Departures from the
LDRs typically require application for and approval of a variance at a public hearing.

In the past, local processes often required that development proposals secure permits from
federal, state and regional government agencies (such as the applicable water management

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