About The Live Local Act
Senate Bill 102, also known as the “Live Local Act” (“LLA”), went into effect and introduced state- mandated land use entitlements for eligible affordable housing developments in areas zoned for commercial, industrial, and mixed-use.
All qualifying projects are to be approved 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 Riviera Beach’s Land Development Code for multifamily developments and is consistent with the comprehensive plan, except for provisions establishing density, floor area ratio, height, and land use.
LLA requires municipalities to administratively approve development projects:
Where at least forty percent (40%) of the residential units are rental units for a term of at least thirty (30) years and are affordable (as the term is defined in section 420.0004, Florida Statutes.); or
If developed as a mixed-use project, at least sixty-five percent (65%) of the square footage is used for residential purposes (of which forty percent (40%) are affordable as defined in section 420.0004 Florida Statutes.); and
Are located on land zoned for commercial, industrial, or mixed use .
LLA affects parking requirements as follows:
Local governments must “consider” reducing parking requirements for eligible proposed projects located within ¼ mile of a transit stop, as defined by the jurisdiction’s land development code, and the transit stop is accessible to the development.
Local governments must reduce parking requirements by at least 20 percent if an eligible proposed project is located within ½ mile of a “major transportation” hub that is accessible from the proposed development by safe, pedestrian-friendly means, and has available parking within 600 feet.
A proposed development located within a ¼ mile of a military installation may not be administratively approved; any such request requires approval by Riviera Beach’s City Council.
How the Density, Intensity & Height Preemption works
Local governments are required to allow projects to develop at the highest currently allowed density on any land within the local government where residential density is allowed under the local government's land development regulations. For Riviera Beach, the highest such density is 17 Units per an acre (found in the MF-20 zoning district).
Local governments may not restrict Floor Area Ratio ("FAR") below 150 percent of the highest currently allowed FAR on any land where development is allowed under the local government's land development regulations. For Riviera Beach that means no less than 3.0 FAR using Downtown District FAR of 2.0
Reminder: FAR is intensity (Building bulk size) not density.
Local governments may not restrict height below the highest currently allowed for a commercial or residential building within the city limits and within one (1) mile of the qualifying development or three (3) stories, whichever is higher.
Exception: if a proposed development is on two or more sides adjacent to a parcel zoned for single-family residential use that is within a single-family- residential development with at least 25 contiguous single-family homes, a municipality may limit building height to the highest of the following:
Calculating entitlements: Bonus entitlements are not to be included in the maximum height, density, or FAR.
The Required Land Development Regulations:
The administrative review process without further action of the governing body of the municipality is only available if the project complies with the municipality’s land development code for multifamily developments and is consistent with the comprehensive plan with the exception of provisions establishing density, floor area ratio, height, and land use. The following is a list of all the requirements developments must comply regardless of the approval process:
- Setbacks
- Wall Height at Side Setbacks
- Building Lot Coverage
- Overall Impermeable Surface Area
- Major Thoroughfare Design Guidelines
- Landscaping
- Sustainable Site and Building Design Qualitative and Performance Standards
- Parking (except as exempted by section 166.04151, Florida Statues)
- Unit Size
- Accessory Buildings/Structures
Applicable Zoning Districts
Pursuant to the City of Riviera Beach Land Development Code ("LDC"), the following zoning districts will be eligible for qualifying developments.
- Op Office And Professional District CN
- Neighborhood Commercial District CG
- General Commercial District
- TLI Transitional Limited Industrial District
- SILO Special Light Industrial Office District
- IL Limited Industrial District IG
- General Industrial District DC
- Downtown Core District.
- DG Downtown General- Mixed Use DI
- Downtown Industrial