Are you looking for a land use and zoning lawyer in Fort Lauderdale, FL?
At Loshak Law PLLC, we are land use and zoning lawyers with more than 13 years of experience guiding clients through complex matters.
If you plan to buy, build on, or change the use of property in Fort Lauderdale, the zoning assigned to that parcel controls what the city will approve. Our Fort Lauderdale, FL land use and zoning lawyer identifies those limits before you close, prepares the applications the city requires, and represents you before its boards.
Loshak Law PLLC represents residential and commercial property owners, buyers, developers, and businesses in land use matters throughout Broward County. We handle rezonings, variances, site plan approvals, and code compliance matters. Contact us to schedule a consultation about your property.
Land Use and Zoning Lawyer Fort Lauderdale, FL
A land use and zoning attorney advises clients on the rules that govern how a parcel may be used and developed, and represents them when those rules require a city approval. The work covers the uses a zoning district permits, the dimensional limits on a building, and the applications needed to change either one. Some matters end with a zoning review. Others require a public hearing.
Fort Lauderdale’s population density rose from 4,761 to 5,284 residents per square mile between 2010 and 2020, according to Census Bureau data. The city’s land area is about 34.6 square miles, so new housing and commercial space are built on parcels where existing zoning, prior approvals, and neighboring uses all affect what the city will permit.
Types of Land Use and Zoning Cases We Handle in Fort Lauderdale
Land use matters in Fort Lauderdale range from a setback question on a single lot to a mixed-use project that needs several approvals. Our land use attorneys represent residential and commercial owners, buyers, developers, and businesses in the matters below.
- Zoning due diligence. Before a buyer is bound to close, we confirm the parcel’s zoning district, its permitted uses, and any open code cases or recorded conditions. When the intended use depends on an approval that has not yet been issued, we draft a zoning contingency into the purchase contract.
- Title insurance. Recorded plats, restrictive covenants, and prior zoning approvals appear in the title record and can limit how a parcel is used. We review those recorded items against the current zoning before the buyer’s contingency period ends.
- Real estate closings. A closing can be delayed when a zoning verification, permit, or approval condition remains open. We track the land use items in the closing file so they are resolved before the scheduled date.
- Rezonings. A rezoning moves a property into a different district and is decided through public hearings before the Planning and Zoning Board and the City Commission. We prepare the application and its written justification and handle each stage of the rezoning process through the final vote.
- Variances and special exceptions. An owner whose building cannot meet a setback, height, or similar standard may ask the Board of Adjustment for a variance. The same board decides special exception requests. We assemble the evidence the board considers and present the request at the hearing.
- Site plan approval. Commercial and multifamily projects are reviewed by the city’s Development Review Committee before permits issue. We work with the project architect and engineer on responses to staff comments and review every condition attached to the approval.
- Commercial real estate. A commercial purchase or lease depends on whether the zoning district permits the buyer’s or tenant’s intended use. We review use, parking, and signage standards before the lease or purchase terms are final.
- Plats and lot divisions. Owners subdividing a parcel must meet lot size, frontage, and access standards. We manage the application and coordinate the survey work it requires.
- Code compliance and unpermitted improvements. Open code violations and unpermitted work can delay a sale, a refinance, or a new permit. We review the violation, determine what the city requires to resolve it, and represent owners in compliance proceedings.
- Short-term rental use. Residential owners who rent to visitors must satisfy the city’s short-term rental rules in addition to the use limits of their zoning district. We confirm whether the rental use is permitted at the address before the property is offered to guests.
Why Choose Loshak Law PLLC as My Land Use and Zoning Lawyer in Fort Lauderdale, FL?
Zoning Review Handled Within the Transaction
Zoning questions often arise during a purchase, a lease, or a refinance. We handle the zoning review and the transaction documents in the same engagement, and the contract terms are drafted around the approvals the property can obtain. That coordination is a practical reason to retain a real estate lawyer in Fort Lauderdale, FL for zoning work. We have represented residential and commercial clients in rezonings, variance requests, site plan reviews, and code compliance matters throughout Broward County.
A Founder With a Finance and Transactional Background
Brandon F. Loshak founded Loshak Law PLLC after practicing at one of the nation’s largest law firms. His practice includes real estate and land use and zoning. Before law, he worked in finance and in oil, gas, and mineral acquisitions, which gives him experience evaluating land as an asset as well as a legal question. He holds an AV Preeminent rating from Martindale-Hubbell and earned his J.D. at St. Thomas University. He is admitted in Florida and Texas and is a member of the Broward County Bar Association.
What Is Important To Understand About Land Use and Zoning Cases?
Zoning Districts, Approvals, and Relief in Fort Lauderdale
Every parcel in the city carries a zoning designation, and each designation under Fort Lauderdale zoning has its own permitted uses and dimensional standards. The terms below appear in nearly every land use matter.
- Zoning district: the classification that sets permitted uses, height, setbacks, density, and parking for a parcel.
- Long-range plan: the city’s adopted policy plan for growth, against which rezonings and land use amendments are reviewed.
- Rezoning: a change from one district to another.
- Variance: relief from a dimensional standard, granted where strict application of the standard creates a hardship particular to the property rather than to the owner’s preferences.
- Special exception: a use the district permits only after board review.
- Site plan approval: review of building placement, access, landscaping, and parking before permits issue.
- Nonconforming use: a use lawfully established under earlier rules, which may continue subject to limits on expansion.
What Are Important Aspects of a Land Use and Zoning Case?
Most applications are measured against written criteria in the city’s land development regulations. An application is only as strong as its response to each criterion.
Hearings on variances, special exceptions, and site-specific rezonings are quasi-judicial. The board decides them on the evidence presented: the application, the staff report, and testimony from qualified witnesses. General statements of support or opposition are not a substitute for that evidence.
Neighbors receive notice of many applications and may speak at the hearing. Their concerns are frequently resolved through conditions of approval, and those conditions may bind the property after it is sold. We review each proposed condition before the hearing, not after.
The approval calendar also affects contract terms. An inspection or contingency period can expire before a board acts, so we align those contract deadlines with the hearing schedule.
What Is The Land Use and Zoning Case Timeline?
The timeline depends on the approval sought and on each board’s meeting calendar. A variance heard only by the Board of Adjustment generally moves faster than a rezoning that also requires City Commission action.
- A preliminary meeting with city planning staff, held before formal submittal.
- Submittal of the application package, which staff checks for completeness before scheduling review.
- Review by the Development Review Committee, whose members issue comments the applicant must address.
- A public hearing before the Planning and Zoning Board or the Board of Adjustment.
- City Commission review, for rezonings and other approvals that require it, followed by final sign-offs and building permits.
What Should You Bring to Your Land Use and Zoning Consultation?
The documents below let us confirm the parcel’s current status and identify the approvals your plans need.
- The deed, a recent survey, and the folio number
- Any pending purchase contract or lease
- Concept drawings or a draft site plan
- Code enforcement notices, prior approvals, or correspondence with the city
- A written description of the intended use
At the consultation, we review this material and explain which approvals apply to your project. By the end of the meeting, you will know what the first filing is and what our Fort Lauderdale land use lawyer needs to prepare it.
Fort Lauderdale Zoning Boards and Local Land Use Resources
The city’s Planning and Zoning Board has nine appointed members and reviews development proposals and the city’s long-range plan. It meets on the third Wednesday of each month. The Board of Adjustment hears variances, special exceptions, and appeals of administrative interpretations of the zoning code, and it typically meets on the second Wednesday.
The city’s Zoning Division answers general zoning questions, issues zoning verification letters, and administers the Board of Adjustment process. A parcel’s zoning designation can be confirmed through the city’s Property Reporter GIS. For matters that involve the countywide land use plan, the Broward County Planning Council reviews proposed amendments and makes recommendations to the County Commission.
Reach Out to Loshak Law PLLC to Schedule a Consultation
Whether you are evaluating a parcel or preparing for a board hearing, Loshak Law PLLC can review the zoning and the approvals your plans require. We represent residential and commercial clients throughout Broward County, and our phones are answered around the clock. Contact us to schedule a consultation with our Fort Lauderdale land use and zoning lawyer.
