Live Local Act
ABOUT THE PROGRAM
Chapter 2023-17, Laws of Florida, recently enacted by the Legislature (“Live Local Act”), became effective July 1, 2023. This new legislation includes amendments to Section 166.04151, Florida Statutes, regarding municipal regulation of affordable and workforce housing.
A major change is the addition of subsection seven that requires a municipality to authorize multifamily and mixed-use residential projects, if the project meets certain qualifications, and only in areas zoned for commercial, industrial, or mixed use (not residential zoning districts). Further, the new subsection also requires that approval of such projects must be accomplished administratively without any further action by the governing body of the municipality. This administrative approval is predicated on the fact that the project complies with the municipality’s Land Development Regulations (“LDRs”) for multifamily developments and is consistent with the comprehensive plan, except for provisions establishing density, height, and land use.
The Required Land Development Regulations:
The new administrative review process without further action of the governing body of the municipality is only available if the project complies with the municipality’s LDRs and is consistent with the municipality’s comprehensive plan, with the exception of provisions establishing density, height, and land use.
The following is a list of all the requirements with which proposed developments must comply regardless of the application type and including Live Local projects:
- Setbacks, (including additional setbacks above 2 stories, and setback requirements for all “properties adjoining or adjacent to property with a residential or "R" zoning district designation”)
- Fence & Wall Height
- Building Lot Coverage
- Landscape Open Space
- Site Plan and Appearance Review Standards
- Community Appearance Standards
- Landscaping
- Parking
- Engineering Plans, (including water, sewer, and drainage, paving, and grading)
- Lighting/Photometric Plan
- Approval by Utility providers and other outside agencies (FDOT, PBC Traffic Division, PBC Fire Department)
Application of the Live Local Act to the Town of Juno Beach.
The Town may not require projects that qualify for administrative review under the Live Local Act to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment to facilitate the proposed projects under the statutorily allowed parameters, which include:
1. For mixed-use residential projects, at least 65% of the total square footage of the project must be used for residential purposes. In the Town of Juno Beach, the commercial general zoning district, the commercial office zoning district, and the medical commercial zoning district all provide that a maximum of 75% of the total gross floor area may be used for residential uses.
2. Density must be allowed at no less than the highest allowed density on any land in the municipality where residential development is allowed. In the Town of Juno Beach, the highest density permitted is eighteen (18) dwelling units per acre.
3. Height must be allowed at no less than the highest currently allowed height for a commercial or residential development in the municipality within one (1) mile of the proposed project, or 3 stories, whichever is higher. In the Town of Juno Beach, the maximum height within the commercial general and medical commercial zoning districts is four stories (with a minimum of one floor of residential) and sixty (60) feet. In the commercial office zoning district, the maximum height is six (6) stories and ninety (90) feet. In the residential high zoning district, the maximum height is twelve (12) stories and one hundred and thirty (130) feet.
4. Reduced parking requirements must be considered if the project, otherwise meeting the criteria under this subsection, is located within ½ mile of a major transit stop and the major transit stop is accessible from the project. There are no major transit stops within ½ mile of the Town’s corporate limits.
5. If the municipality designates less than 20% of the land in its jurisdiction for commercial or industrial purposes, the projects are required to be allowed by the municipality only if they are mixed-use residential. In Juno Beach, approximately ten percent (10%) of the land within the Town is designated for commercial purposes (there are no industrial properties within the Town); therefore, any project proposed under the Live Local Act must be mixed-use residential.
6. At least 40% of the multi-family residential dwelling units shall remain affordable, as defined by Section 420.0004, Florida Statutes, for a period of at least 30 years. As part of any administrative approval, the Town of Juno Beach shall incorporate a condition requiring that forty percent (40%) of the dwelling units remain affordable for a period thirty (30) years. Additionally, no building permits shall be issued until the property owner executes and delivers to the Town, on a form approved by the Town Attorney, a covenant, declaration of restriction, or other deed restriction in favor of the Town ensuring compliance with this affordability requirement.
Other items to address:
- Does the Town of Juno Beach have a policy/ procedure for expedited permit reviews?
No, currently the Town does not have a policy or procedure for expediting permit reviews.
- Does the Town own an inventory or surplus of any public lands suitable for affordable housing?
No, the Town does not own any public lands suitable for public housing. All Town owned properties are being utilized.
