Planning and zoning terms for the Florida real estate exam
Last reviewed: November 2026
Planning and zoning is exam area XIX, 1% of the Florida sales associate exam. It is a small area built mostly on vocabulary. Zoning laws are local ordinances that say how land may be used. The key skill is telling apart a variance, a special exception, a nonconforming use and a rezoning, and knowing how a local zoning code relates to Florida's comprehensive planning law.
Florida growth management: the Community Planning Act
Florida's statute on local comprehensive planning is cited as the "Community Planning Act" (s. 163.3161(1), F.S.). Its stated intent is to focus the state's role in managing growth on protecting important state resources and facilities, and to strengthen the role of local governments in comprehensive planning (s. 163.3161(2), (3)). Three ideas from the act to know:
- A local government's comprehensive plan sets principles, guidelines, standards and strategies for the area's future development, usually as goals, objectives and policies (s. 163.3177(1)).
- Consistency. After the plan is adopted, development by government agencies and their actions on development orders must be consistent with it. Land development regulations must be consistent too, and existing ones that conflict must be amended (s. 163.3194(1)).
- Land development regulations are the ordinances that carry out the plan: zoning, rezoning, subdivision, building construction and sign regulations (s. 163.3164(28)).
Required elements of a comprehensive plan
| Element | What it covers |
|---|---|
| Future land use | Where residential, commercial, industrial, agricultural and other uses will go, with density and intensity standards and a land use map |
| Transportation | Mobility issues for the local government |
| Sanitary sewer, solid waste, drainage, potable water, aquifer recharge | Public facilities |
| Conservation | Natural resources: air, water, wetlands and others |
| Recreation and open space | Public and private recreation sites |
| Housing | Housing for current and future residents |
| Coastal management | Only for the coastal local governments listed in s. 380.24 |
| Intergovernmental coordination | Coordination with school boards, regional water supply authorities and other local governments |
| Property rights | Ensures private property rights are considered in local decisions |
Source: s. 163.3177(6)(a)–(i), F.S.
Zoning types and tools
Zoning carries out the future land use plan, district by district. The categories below are standard textbook terms; each county or city defines its own districts.
- Residential, commercial, industrial, agricultural districts, often split by density, for example single-family vs multifamily.
- Planned unit development (PUD): a project approved as a whole, which may mix housing types, open space and some commercial use.
- Setbacks, height limits and density limits control how much building a lot can hold.
- Buffer zone: a transitional use, such as a park or offices, between incompatible uses.
Setback example: a 100 × 150 ft lot with a 25 ft front setback, a 20 ft rear setback and 10 ft side setbacks has a buildable area of (100 − 20) × (150 − 25 − 20) = 80 × 105 = 8,400 sq ft. Density example: 20 acres zoned for 4 units per acre allows 80 units. If 25% of the land goes to roads, 15 acres × 4 = 60 units.
Variance, special exception, nonconforming use, rezoning
| Term | What it is | Exam cue |
|---|---|---|
| Variance | Permission to depart from the ordinance's requirements, usually dimensional, because strict application would cause hardship from the land's unusual features | "Odd-shaped lot," "closer to the line than allowed" |
| Special exception (conditional use) | A use the ordinance already lists as allowed in the district if stated conditions are met and the board approves | "Church or school in a residential zone" |
| Nonconforming use | A lawful use that existed before the zoning changed and may continue ("grandfathered"). Local rules usually prohibit expanding it and limit rebuilding | "Was there before the new ordinance" |
| Rezoning (amendment) | Changing the district itself, which must stay consistent with the comprehensive plan | "Change the zoning of the parcel" |
| Spot zoning | Rezoning one small parcel for a use that does not fit the surrounding area | "Benefits one owner" |
Variances and special exceptions are both "development permits" under Florida law, together with building permits, zoning permits, subdivision approvals and rezonings (s. 163.3164(16)).
Building codes and permits
The Florida Building Commission adopts the Florida Building Code by rule. It covers the design, construction, alteration, repair and demolition of public and private buildings (s. 553.73(1)(a), F.S.). Zoning controls where and what can be built; the building code controls how it is built. Local building departments issue permits and inspect the work.
Government powers behind planning
- Police power: the government's power to regulate for public health, safety and welfare. It is the basis for zoning and building codes, and no compensation is paid.
- Eminent domain: taking private property for public use with just compensation, through condemnation. It is a form of involuntary alienation (see deeds and title).
- Fair housing rules also apply to land use: HUD regulations name discriminatory land-use rules and building codes as prohibited conduct (24 CFR 100.70(d)(5); see fair housing).
Exam traps
- Variance = hardship relief from the rules. Special exception = a use the code already allows on conditions.
- A nonconforming use existed before the zoning change; it is legal but limited.
- Police power regulates without payment; eminent domain takes with payment.
- In Florida, zoning must be consistent with the comprehensive plan.
Practice question
A gas station operated legally for years. The county then rezoned the area residential, and the station keeps operating. The station is a:
A) Variance. B) Special exception. C) Nonconforming use. D) Spot zoning.
Answer: C. The use was lawful before the change and is allowed to continue. No relief was requested, so it is not a variance; it is not listed as a conditional use in the new district, so it is not a special exception.
Test yourself
The free Florida practice test includes a zoning question and eminent domain, each with an explanation. For more area XIX questions and timed exams, see the paid question bank.
Sources: ss. 163.3161, 163.3164, 163.3177, 163.3194, 553.73, F.S.; 24 CFR 100.70. Real Estate Drill is an independent study tool, not legal advice. We are not affiliated with FREC, DBPR or Pearson VUE.