Let’s say you’re thinking about buying a South Florida property – but you want to adapt it for another use. Or you want to build something entirely different there. In either case, it’s a good idea to include a zoning contingency in the contract. Here’s why.

Why use zoning contingencies?

Contrary to popular belief, a landowner does not have the exclusive ability/right to seek rezoning and similar land use approvals. A would-be buyer can also seek such approvals, as long as he or she has the owner’s written permission.

If there is an obvious need for government approval of rezoning or other land use requests, your best bet is to include a zoning contingency in the real estate purchase contract. This will also give you an “easy out” if you don’t get the approvals you need and you are forced to find another site.

The ability to back out of a deal un-penalized when they can’t get necessary approvals makes this a popular strategy for real estate developers in Miami, Fort Lauderdale, and other high-growth areas in South Florida. For example, developers will often buy real estate subject to securing zoning approval to build a specified number of residential or commercial units on the property. Then, if they don’t get the necessary approvals, they can simply opt not to pursue the deal without significant ramifications.

Points to consider

There are several points to consider when preparing contract language pertaining to zoning contingencies and related matters.

The chief among these is that you as the buyer must do your due diligence. As part of this process, you must be sure to ask relevant questions about zoning and land use. In other words, you have to find out what can and can’t be done with the property before entering into any contract for the purchase of said property.

Depending on the circumstances, this can be an incredibly comprehensive and time-consuming process. Accordingly, you should not hesitate to contact an experienced South Florida real estate lawyer for help and legal advice.

A qualified attorney can also help you define the range of contemplated approvals and draft appropriate language. For example, the seller will benefit from language that limits the range of potential changes that a buyer can make to the property’s zoning because it effectively lessens certain risks.

Another important issue that must be taken into consideration is any language regarding the timing of the zoning approval period. The amount of time for public hearings and other such matters should be taken into account. The potential for appeals of an adverse decision should also be addressed. This is significant because an appeal will make the zoning/land use approval process even longer. Accordingly, the seller may want to include stipulations requiring additional fees or deposits.

Some other issues and concerns that should be addressed when drafting relevant contractual language include:

• Extra time and deposits
• Seller collaboration and prior consent
• Expiration of the contingency/continuation of the approval process

The bottom line

Although it is available to any prospective buyer who may need zoning/land use approval, the use of a zoning contingency in a real estate transaction is especially popular among Florida developers. This is because it allows them to change their minds about buying a property if they can’t get the necessary zoning/land use approvals.

However, poorly drafted language that fails to address key issues in any such contingencies may have serious and unintended consequences. Accordingly, it is critical to enlist the services of experienced real estate lawyers if you are thinking about pursuing this option. Contact the legal team at Loshak Law PLLC to learn more about how we can help you craft an effective zoning contingency for use in your real estate transaction today. Call (954) 334-1122 today for a free consultation.

Zoning, Zoning, Zoning – A Fort Lauderdale Attorney’s Guide to Zoning

Location, location, location. A restaurant with a beachside view walking distance from a myriad of hotels can command high prices and has a built-in marketing tool. Location is a key factor in determining whether your business succeeds or fails. Before you settle on a Fort Lauderdale property you deem desirable for your business, you should consider hiring a Fort Lauderdale zoning attorney to review zoning regulations to ensure they align with your business needs.

Zoning regulations have been on the rise since 1980, so it’s more important than ever to understand land use/zoning laws in Broward County and Fort Lauderdale and how these regulations could potentially affect your business. Ultimately, you’ll want to seek advice from a Fort Lauderdale Land Use and Zoning attorney, but for now, let’s get a basic understanding of what zoning is and the avenues through which we may be able to change restrictions so as to maximize business potential.

What is Zoning?

Zoning is the process through which local government divides up land into zones and applies permissions and restrictions as part of urban planning. Because the control of zoning is on a municipal level, it has a significant impact on the local community and is often a passionate issue.

Variance

A variance is a request to diverge from a zoning ordinance to allow use of the property in a way that would otherwise be prohibited. For example, the construction of a “tiny home” in a residential zoning district that requires minimum square footage, would require a variance. If the variance is granted, this does not mean the zoning law has changed, it means a waiver has been granted. When you apply for a variance, you must be able to show the existing zoning restriction causes a hardship in that the only way to reasonably use the property is to lift the zoning prohibition.

Variance Process

Submit a complete application package to the Fort Lauderdale Planning and Zoning Board whose nine appointed members apply the city’s plan when reviewing development proposals. The fee ranges from $480 to $600. As you can see, it can be quite intimidating to navigate your way to the correct application and decisively determine your total fees. This is why it’s always advisable to have a Land Use and Zoning attorney to lead you through the process.

Special Use Permits

Quite often, landowners confuse special use permits and variances.

A Special Use Permit allows for a conditional use of the property in a way that is otherwise not permitted by the zoning ordinance. Sound familiar? The difference is the applicant does not have to prove hardship due to a restriction. Instead, the business tends to have a positive impact on public interest and avoids negative impacts on neighboring areas. Common special use permits are granted for home businesses such as hair salons, daycare, or tax services, for example.

Special Use Permits Process

This is an application process under the umbrella of the Fort Lauderdale Planning and Zoning Board, but the Development and Review Committee considers your Special Use/Conditional Use application and the total fees range from $1100 – $2000.

Non-Conforming Uses

Just like Variances and Special Use Permits, Non-Conforming Uses is the use of property that is normally a violation of the zoning ordinance. Non-Conforming Use is allowed because the landowner used the land in a non-conforming way BEFORE the zoning ordinance existed. Quite often, the uses are referred to being grandfathered into a zoning ordinance.

Non-Conforming Uses Process

It must be proven that the non-conforming use had been continuous with no lapses in time prior to the implementation of the current zoning ordinance.

Eminent Domain

Eminent domain is when the government takes private property and turns it into public use, such as building roads, government buildings, and parks as well as protection of historic landmarks and wetlands. If the government zones part of your property in such a way that you cannot make use of it, you may be able to sue for compensation. To learn more please take a look at Overview of Eminent Domain in Florida or consult your Land Use and Zoning attorney.

Applying for a Change of Zoning

If the zoning ordinance on a piece of land does not align with the zoning you need, you may apply for a Change of Zoning. The reasons for the requested change should be supported by drawings, surveys, photographs, and models, which may involve hiring additional professionals.

If you are thinking about the possibility of trying to amend the current zoning, we encourage you to consult with your Land Use and Zoning attorney.

Applying for a Change of Zoning Process

To apply for a change of zoning in Fort Lauderdale, you must complete the application process through the Development and Review Committee. The first review is to determine completeness of the application and if changes are needed. You will then have the chance to appear before the committee to present your case. The application fee is $1,010 and you may be subject to any costs incurred by the City.

Before You Do Anything

If you’re in Broward County and you have a potential zoning issue, contact the Fort Lauderdale law firm of Loshak Law PLLC for a free consultation.

Understanding Florida’s Land Development Regulations

Florida has been one of the fastest growing states in the nation for decades. Such growth always presents many challenges in any area. Perhaps the greatest challenge revolves around how to support and encourage that growth while preserving the things that make Florida the go to state, including its natural beauty. How do you work within these regulations to develop land? To start, let’s begin by understanding Florida’s land development regulations.

Florida Land Development Regulations

Florida land development regulations include what most people refer to as zoning laws, but these laws go well beyond that. Land use planning and development regulations in Florida have the goal of environmental preservation while encouraging the development of entertainment and leisure industries that make Florida the envy of the world. The state laws cover all types of property development and are complex, to say the least. In addition, counties and municipalities throughout the state have different laws that also must be complied with prior to commencing any new development in the state.

Broward County Subdivision and Land Development Regulations

As noted above, Florida land development regulations on the state level are not the only rules applicable to land use planning in the state. For example, if you are planning a development in Ft. Lauderdale or Hollywood, you also need to make a thorough review of the Broward County subdivision and land development regulations prior to commencing any work. The county has a plethora of rules and regulations that must be complied with, from zoning and code enforcement to development and environmental review. Prior to commencing any new project in the area, you should consult with the real estate law attorneys at Loshak Law PLLC to assist you through the maze of land use planning and development regulations on both the state and local levels.

Land Use Planning and Development Regulations

Land Use Planning is just one piece of the larger land development regulations pie. Land use planning usually plays a more important role in development in more urban areas (such as Broward County) than in the more rural areas of the state. In urban areas, land use planning assists with an extra focus on issues presented in the urbanized environment. Examples of such issues include access to energy, urban transportation, open spaces for parks and playgrounds, waste disposal and limiting all forms of pollution as much as possible. Being fully aware of how all land use planning regulations will affect a planned development is essential to getting a complete and accurate assessment of what the total cost of the project will be in the end.

Your Land Use Planning Attorney

Before breaking ground on any new development, be sure you are fully knowledgeable and up to date on all Florida land development regulations – both state and local – that pertain to your proposed development. Know what to expect and be prepared to deal with it. Being prepared begins with a consultation with the real estate legal attorneys at Loshak Law PLLC. We are a premier law firm with the experience to solve all your complex real estate and business issues. Contact us today for a free consultation by phone at 954-334-1122.

When it comes to Florida real estate, our clients have plenty of questions. One that comes up a lot is how to go about subdividing property. Frankly it’s not surprising, because the rules and processes vary for each city/county. Here are some simple tips to keep in mind if you’re thinking about subdividing your South Florida property.

Be prepared

Before you do anything else, make sure that you don’t owe any back property taxes. If any real estate taxes are outstanding, take care of them by remitting payment as soon as possible. If you don’t, you won’t be able to proceed. This is because Florida statutes prevent local property appraisers from processing subdivisions until the books are “clean” – meaning all outstanding tax payments have been made.

Next, check your copy of the property deed for detailed legal information about your property boundaries. In most cases you can also find this information in the public land records of each county. These records will most likely be kept at the courthouse or with the clerk of courts in the town or county where the property is located.

Once you’ve done all of that, review and make sure you understand all applicable local zoning ordinances. Be forewarned, this can be a daunting task. If you feel intimidated, overwhelmed or you simply don’t understand the material, one of our qualified land use or real estate lawyers is always here to help. He or she can help you identify and relevant rules such as:

• Lot size requirements
• Building area requirements
• Yard size
• Accessibility (for roads and utilities)
• Drainage
• Any other requirements unique to your property

In a best-case scenario, you property will meet all applicable zoning standards for subdivision. If so, ask your lawyer about any additional rules and regulations specific to the subdivision of your property. Doing so is crucial – especially if you’re planning on selling part or all of the property. If you don’t, any sale of the subdivided land can be negated.

Next steps

At this point, you’re entering the homestretch – but even though you can see the finish line, there’s still plenty of work to do.

This includes hiring a surveyor to create a detailed, computer-generated drawing or diagram of the property called a plat.  The plat is vital because it provides an accurate depiction of property boundaries, rights of way, easements and so forth.

After the plat is completed, you can go ahead and finalize the required land use applications. Collectively, these documents and accompanying paperwork form an application package that can now be submitted to the appropriate land use agencies. Depending on the scope of the project, the approval process – including public hearings and issuance of any necessary permits – could take several months.

The importance of hiring the right Florida real estate or land use lawyer

As we have noted, the subdivision of Florida property is often complicated. Among other things, the rules, regulations, requirements and processes can differ drastically depending on where the property is located. Failure to abide by the rules can have costly and unpleasant consequences, even if the failure to do so is unintentional. Therefore, it is crucial to hire a Florida real estate attorney with the experience needed to help you navigate this process.  To learn more about how the real estate lawyers at Loshak Law PLLC can help, contact us through our website or call us today at  (954) 334-1122 to schedule an initial consultation.

Short-term real estate rentals have always been popular in South Florida’s vacation meccas. But since the advent of websites and apps that make them available to national and international audiences, that popularity has soared. And that hasn’t gone unnoticed – especially in Fort Lauderdale, where a local ordinance was specifically enacted to “mitigate the effects of short-term vacation rentals in an attempt to make them safer and more compatible with existing neighborhoods.”

Here’s what you should know if you currently own a Fort Lauderdale property that you’d like to list on sites such as Airbnb or Vrbo, or if you want to buy a property for short term rental/vacation rental use in the Fort Lauderdale area.

Fort Lauderdale’s short-term vacation rental ordinance: the backstory

The city’s current ordinance stems from a failed attempt to ban the use of single-family homes as short-term vacation rentals back in 2010. In that particular case, a special magistrate determined that a homeowner who used her single-family residence as a short-term vacation rental violated city codes by doing so. The owner then appealed the decision to the 17th Judicial District.

On appeal, the judge determined that:

1. The city did not have any ordinances regulating such rentals.
2. It could not ban the activity in question based on existing zoning rules that generally prohibited commercial activity in residential neighborhoods.

As it turned out, Section 509.032(7)(b) of the Florida Statutes proved to be a major hurdle for the city in the case. That’s because this particular rule prevents a city from creating any new rules or enforcing any existing local law, ordinance or regulation banning vacation rentals or curtailing the length or frequency of vacation rentals.

Luckily, however, Florida Statute Section 509.032(7) allows a local government to regulate vacation rentals.  That paved the way for the City of Fort Lauderdale to adopt Ordinance Article X, Chapter 15 back in August 2015.

As adopted, Fort Lauderdale’s ordinance includes conditions designed to:

• Lessen negative effects of short-term vacation rentals
• Promote safe short-term vacation rentals
• Enhance property values
• Ensure that the inclusion of short-term vacation rentals contribute to greater neighborhood cohesiveness

It is is also meant to balance private property rights and short-term vacation rentals with other considerations by means of responsible development and regulatory criteria.

Requirements for certificates of compliance

Before a Fort Lauderdale home listed as a vacation rental can be occupied as such, its owner must now get a certificate of compliance.  The basic requirements for getting one are:

• Submission of a completed registration application;
• Payment of a registration fee paid to the City of Fort Lauderdale;
• City and county business tax receipts;
• A Certificate of Registration issued by the Florida Department of Revenue for purposes of collecting and remitting taxes, sales surtaxes, and transient rental taxes;
• A Transient Public Lodging Establishment License issued by the Florida Department of Business and Professional Regulation;
• An affidavit as proof of compliance with the City of Fort Lauderdale’s Vacation Rental Standards (set forth in Section 15-278), and all local, state, and federal laws, regulations and standards; and
• The Vacation Rental Lease Agreement that will be used to rent the vacation rental property.

Property owners seeking certificates of compliance must also provide the name and contact information for someone who shall be available 24 hours per day, seven days per week to handle complaints and emergencies while the property is used as a vacation rental.

The cost of using a home as a vacation rental in Fort Lauderdale

The Department of Sustainable Development’s Community Enhancement and Compliance Division administers and enforces the city’s Vacation Rental Registration Program.

Accordingly, it is responsible for ensuring that vacation rental owners do not have any outstanding license or tax obligations.  It also ensures that all vacation rental properties meet minimum housing and life safety standards set forth in the ordinance detailed above. Lastly, it collects the following fees associated with the program. These include: a $350 Vacation Rental Registration Fee that covers the first two inspections (for a maximum of 4 units under the same roof); a $160 Non-Owner Occupied Vacation Rental Renewal Registration Fee; and an $80 Owner Occupied Vacation Rental Renewal Registration Fee. You can find a full fee list here.

The bottom line

So far we’ve addressed concerns that are largely relevant to current property/homeowners who may be interested in listing their Fort Lauderdale home as a vacation rental to make some extra money. But what if you are considering buying a Fort Lauderdale home and listing it as a vacation rental as a real estate investment? Clearly, the city’s climate, location, proximity to globally recognized tourist attractions make this an intriguing possibility.

However, you should be prepared to spend at least $300,000.00 to $500,000.00 to acquire a desirable property.  Secondly, you’ll need a business license. You should also be aware that inspections for these properties are mandatory. Finally, you should be aware that short-term rentals here are taxable.

In any case, seeking legal advice from a qualified South Florida business and/or real estate lawyer from the get-go is critical. Contact Loshak Leach, LLP by phone at (954) 334-1122 to learn more about how we can help you find the right property AND meet all of the legal requirements for a Fort Lauderdale vacation rental today.

It’s every Florida homeowner’s nightmare. You’ve scrimped, saved, and sacrificed in order to buy your dream home. Or perhaps you inherited a house and land that has belonged to your family for generations. In either case, you’ve lived there for years, but you’ve just learned that the government wants to “take” your property in order to build something else. Now you’re wondering if “they” can really do that.

In most cases, the answer is: Yes, they can. In Florida, as in other states, the federal, state, or even local government can take private property through a legal process called Eminent Domain. This right is not limitless, however, since the government can only do so for certain purposes, in accordance with the law.

Here’s What You Need to Know

Provisions pertaining to eminent domain can be found in Article X, Section 6 of the Florida Constitution. Article X, Section 6(a) specifically states, “No private property shall be taken except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the registry of the court and available to the owner.”

Although the definition of a “public purpose” has been widely interpreted by Florida courts, the constitutional provision and applicable state laws nevertheless ensure that you are reimbursed, or that money is set aside for your reimbursement, if your property is taken through eminent domain.

The state laws regarding “pre-suit negotiations,” including compensation, can be found in Title VI, Chapter 73 of the Florida Statutes. In accordance with these laws, the government agency or “condemning authority” seizing your property through eminent domain must give you a “written offer” for your property. It must also give you a copy of the appraisal that serves as the basis for the offer, if you request it. Finally, the condemning authority “must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel” before taking further legal action.

If you and the condemning authority are unable to reach an agreement through these negotiations and/or mediation and the case goes to trial, a jury will ultimately determine how much you will be paid based on the assessment of your property or based on damages to the remaining property, if only a portion of it will be taken. Confiscation of land through eminent domain is not limited to residential parcels – it can also affect businesses and mobile home parks.

To learn more about how eminent domain may affect you, and your legal options if it does, contact the law firm Loshak Law PLLC today at (954)334-1122 or email us at: info@loshakleach.com

Click here for a helpful Overview of land use and zoning in Florida.

Suppose you buy a Florida property and you want to use it for something else. Or suppose you own a waterfront property on Fort Lauderdale beach and you want to change its current use.  Do you have to apply for rezoning? As with many real estate and land use questions, the answer to this one depends on your unique circumstances.  Having said that, if the new use is not permitted in the zoning district where the property is situated, the answer is generally, “yes.”

Although the process may vary slightly throughout each county and city in South Florida, there are also some similarities. To simplify the issue for the purposes of this article, we’ll provide an overview of the process in Broward County and Fort Lauderdale.

As a property owner, your right to request the rezoning of your property in Broward County is specified in County Code Section 39-26(a), and the way in which you must do so is set forth in County Code Section 39-26(b). Specifically, the latter mandates that you seek permission for rezoning by completing forms provided by the Environmental Protection and Growth Management Department, and paying applicable fees.

Once you have submitted all of the paperwork, a public hearing before a Local Planning Agency (LPA) will be scheduled. By law, the hearing must be held within 120 days after receipt of the petition, or on the soonest viable date. Based on the information provided in the application and at the hearing, the LPA will make a recommendation to the Board of County Commissioners, which will also hold public hearing(s) as required by law.

Those hearings must be held within 45 days following the public hearings conducted by the LPA, or on the soonest available date. To ensure that everyone who may be impacted by the rezoning has a chance to attend and/or speak at the hearing(s), all public notices must be issued in accordance with state law. Furthermore, Broward County Code Section 39-27(b)(2) pertaining to “all owner-initiated petitions for rezoning,” mandates that public notices are “sent to all property owners and the mayor and city manager of any municipality” within specified distances of the property lines in certain circumstances.

In addition to information you provide in your petition, the LPA’s recommendation and concerns voiced at the public hearing(s), the Board of County Commissioners will consider numerous factors including but not limited to:

• Whether your petition has merit based on “changed or changing conditions”
• Whether your request is in keeping with “consistent with the goals, objectives, policies, and intent of the Broward County Comprehensive Plan”
• Whether the rezoning you are seeking will “protect, conserve, or preserve environmentally critical areas and natural resources”
• Whether the rezoning you are seeking will create “an undue burden on existing infrastructure and whether capacity exists for any projected increase that may be generated”

If your request meets the criteria for rezoning, your petition will be approved. If not, the board will deny it and you will be unable to resubmit it for at least six to 12 months.

In Fort Lauderdale, the rules for the rezoning process are set forth in City Code Section 47-24.4. Specifically, City Code Section 47-24.4(C) mandates that you submit an application for rezoning to the Department of Sustainable Development

Urban Design & Planning Division, along with information required by law and the applicable fee. Here’s what happens next:

• The department will review the application to see if it meets certain criteria.
• Based on its findings, the department will make a recommendation to the city’s planning and zoning board.
• The planning and zoning board will also conduct a public hearing and its own review of the application.
• Based on its findings, the planning and zoning board will either recommend approval, recommend a stricter zoning classification than the one you are seeking, or deny the application (if you do not agree to the stricter zoning classification).
• If your application is denied, you can appeal to the city commission.
• If your application is recommended for approval, it will be sent to the city commission, which will hold a public hearing and review the material to see if it meets certain criteria for rezoning.
• If your request meets the criteria, the city commission will approve it and adopt an ordinance reflecting the change; if not, the commission may also suggest stricter zoning classification than the one you are seeking, or deny your application if you do not agree with the stricter zoning classification.

As we mentioned, the rezoning process differs slightly depending on where the property is located. For more information about this issue or to learn more about how Loshak Leach, LLP can help with your legal business needs, call us today at (954) 334-1122.

When it comes to real estate transactions, especially the closing process, it’s crucial to ensure that all legal requirements are met, and your rights and interests are protected. While many people opt for a title company to handle their real estate closings, there are significant advantages to hiring an attorney instead. In fact, the price difference between using an attorney and a title professional is often nominal, if not the same. Let’s explore five compelling reasons why you should consider hiring an attorney for your real estate closing in Florida.

1. Legal Expertise and Protection
   Real estate transactions involve complex legal documents and intricate procedures. Attorneys practicing in real estate law possess extensive knowledge and expertise in this area. By hiring an attorney, you gain access to their legal acumen and experience, ensuring that your transaction adheres to all relevant laws and regulations. Attorneys can thoroughly review contracts, identify potential legal issues, and provide necessary legal advice to protect your interests throughout the closing process.
2. Personalized Attention
   While title professionals are skilled in managing the administrative aspects of real estate closings, they often lack the personal touch that an attorney can offer. Attorneys work directly with their clients, taking the time to understand their unique needs and goals. They can provide personalized guidance tailored to your specific circumstances, ensuring that your rights and preferences are well-represented during the closing process. This level of attention can be invaluable, particularly when unexpected challenges or disputes arise.
3. Mitigation of Potential Issues
   Real estate transactions can be fraught with potential complications. From title defects and encumbrances to zoning issues and liens, unexpected problems can jeopardize your investment. Attorneys possess the skills to identify and address these issues early on, preventing potential delays, financial loss, or even legal disputes. Their thorough due diligence can uncover hidden problems and enable you to make informed decisions based on accurate information.
4. Negotiation and Contractual Expertise
   Negotiating the terms of a real estate transaction can be complex and intimidating, especially for those unfamiliar with legal jargon and intricacies. Attorneys are trained negotiators who can advocate for your interests during contract negotiations. They can help you understand the terms, identify potential pitfalls, and ensure that your rights are protected. With an attorney by your side, you can feel confident in making informed decisions and securing favorable outcomes.
5. Peace of Mind
   Purchasing or selling real estate can be a significant financial undertaking, often involving substantial investments of time and money. By hiring an attorney, you gain peace of mind knowing that a legal professional is overseeing your transaction, mitigating risks, and protecting your interests. They navigate the complex legal landscape on your behalf, allowing you to focus on other aspects of the process. With an attorney handling your real estate closing, you can proceed with confidence, knowing that you have an advocate fighting for your best interests.

In conclusion, while title companies offer valuable services in real estate closings, the advantages of hiring an attorney should not be overlooked. Attorneys bring legal expertise, personalized attention, and protection to your transaction. They possess the skills to mitigate potential issues, negotiate contracts, and provide you with peace of mind throughout the closing process. Furthermore, the price difference between hiring an attorney and a title professional is often minimal, making it a worthwhile investment in ensuring a smooth and legally sound real estate closing. When it comes to such a significant financial transaction, hiring an attorney is a decision that can safeguard your interests and provide you with the expertise necessary to navigate the complexities of Florida’s real estate laws.