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Live Local Act
On July 1, 2023, the Live Local Act (Senate Bill 102) became effective in the state of Florida. The purpose of the Act is to increase the supply of affordable housing in Florida. Section 125.01055, Florida Statutes, affects how local governments interpret zoning regulations. Section 125.01055(7)(a) states the following:
A county must authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a county may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes.
The land use preemption does not apply to “airport-impact areas as provided in s. 333.03.”
For more information, please contact 407-665-7443 or plandesk@seminolecountyfl.gov.
Steps
- Verify the proposed property is located within unincorporated Seminole County via the Seminole County Property Appraiser.
- Submit a pre-application form to Seminole County Planning and Development for review to determine if the proposed project meets the criteria for the program.
- Complete the affordable housing checklist form and include it with your pre-application.
- Additional steps, such as site plan review and building permitting process will be outlined during the pre-application phase.
FAQs
No, it can be approved administratively.
Yes, a site plan must be approved prior to issuance of building permits. The development must meet all other multifamily residential standards in code and be consistent with the Comprehensive Plan, with the exception of density, height, and land use.
Parking requirements will be determined based on the property's proximity to public transit and available parking.
- Highest currently allowed density on any unincorporated land in the County where residential development is allowed under the Land Development Code. Additionally, "highest currently allowed density" does not include density bonuses, variances, or other special exception for density provided for in the Land Development Code. s. 125.01055(7)(b)
- The highest density allowed in Seminole County is 50 dwelling units per acre.
- Highest currently allowed height for commercial or residential building located within the County within 1 mile or 3 stories. This does not include the height of any building that has received any bonus, variance, or other special exception for height as provided for in the Land Development Code.
- The County may limit the maximum height if the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single family residential development with at least 25 contiguous single-family homes to 150 percent of the tallest building on any property adjacent to the proposed development, the highest currently allowed height on the property pursuant to the Land Development Code, or 3 stories, whichever is higher. s. 125.01055(7)(d)2.
- 150% of the highest currently allowed floor area ratio on any unincorporated land where development is allowed under the Land Development Code. The "highest currently allowed floor area ratio" does not include density bonuses, variances, or other special exception for a higher FAR as may be provided for by the Land Development Code. s. 125.01055(7)(c)
- The highest floor area ratio allowed in Seminole County is 1.5.
For mixed-use residential projects, at least 65% of the total square footage must be used for residential purposes.
CN, CS, C-1, C-2, C-3, MUCD, M-1A, M-1, M-2