Live Local Act Information
What is Live Local?
The Live Local Act, Florida Statutes, Section 125.01055, requires that:
- A county must authorize multifamily and mixed-use residential development as allowable uses
- in any area zoned for commercial, industrial, or mixed use; or
- on property owned by a county, municipality, or school district within their geographic boundary, in any zoning district; or
- on property more than 3 acres in size owned by a religious institution, which has contained for at least 10 years and will continue to contain a house of public worship, in any zoning district;
IF:
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- At least 40 percent of the residential units are affordable to households earning 120% of the area median income (AMI), as defined in Florida Statutes, Section 420.0004, for a period of at least 30 years.
- For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes. The county may not require that more than 10 percent of the total square footage of mixed-use residential projects be used for nonresidential purposes.
- The County may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, comprehensive plan amendment, transfer of density or development units, or amendment to a development of regional impact to make use of the provisions for zoning, density, floor area ratio, or building height, as described in the Live Local Act.
Other than property owned by a county, municipality, school district, or religious institution, land to be developed using the provisions of the Live Local Act must be currently zoned for commercial, industrial, or mixed use. Portions of Planned Developments (PDs) or Flexible Unit Developments (FUDs) that allow commercial uses, industrial uses or mixed uses may also qualify. Farms and farm operations, including the packaging and sale of products raised on the premises, are not considered commercial use, industrial use, or mixed use. The following base zoning districts within unincorporated Highlands County are currently zoned for commercial, industrial, or mixed use:
B-1 Neighborhood Business District
BC-1 Business Campus, Research, and Light Manufacturing Park
BC-2 Business Campus, Research, and Light Manufacturing Park
A proposed multi-family or mixed-use residential development authorized under the Live Local Act must be administratively approved without further action by the Board of County Commissioners, Planning & Zoning Commission or Board of Adjustment if the development satisfies all other limitations and requirements contained in the County’s Land Development Regulations (“LDRs”) for multifamily developments in areas zoned for such use, and the development is otherwise consistent with the Highlands County Comprehensive Plan (“Comp Plan”). Such LDR requirements include, but are not limited to, setbacks, parking, buffering, flood plain regulations, natural resource protection standards, and connections to public water and sewer service. Within the LDRs, multifamily dwellings are permitted in the R-3 Multiple Family Dwelling (including Hotel & Motel) District and the R-3 NC Non Commercial Multiple Family Dwelling District.
Non-residential and mixed-use Planned Development (PD) and Flexible Unit Development (FUD) zoning districts may be used for development of Live Local projects subject to the conditions of approval for the PD or FUD. Relief from development standards granted in the PD or FUD may not apply to Live Local projects if the project is not developed in accordance with the approved PD or FUD.
The Live Local Act does not apply to certain impacted areas, as defined in Florida Statutes, Section 333.03, around Sebring Regional Airport or Avon Park Executive Airport, unless the application is approved by the governing body of the airport. The following maps depict these exempt areas within Highlands County.
Sebring Airport Exemption Area
A proposed development located within 1/4 mile of the Avon Park Air Force Range may not be administratively approved.
The Live Local Act does not apply to areas subject to land development regulations intended to retain the open character of land or any portion of a property encumbered by a recorded conservation easement.
Density provisions in Highlands County are determined by the Future Land Use Element of the Comp Plan. An affordable multi-family or mixed-use residential development may use the highest allowed density on any unincorporated land in the County where residential development is allowed under the LDRs (not including any density bonus, variance or other special exception for density as may be provided for in the LDRs). In unincorporated Highlands County, a maximum density of 16 units per acre is permissible for affordable or workforce housing under the High Density Residential (HDR) future land use designation with central potable water and central wastewater.
An affordable multi-family or mixed-use residential development may have a Floor Area Ratio (FAR) of 150% of the highest allowed FAR on any unincorporated land in the County where development is allowed under the LDRs (not including any bonus, variance, or other special exception for FAR as may be provided for in the LDRs). Floor Area Ratio is a measurement of non-residential development intensity calculated by dividing the non-residential floor area of all floors within buildings on a lot by the area of that lot. In unincorporated Highlands County, the highest allowable FAR is 1.00.
An affordable multi-family or mixed-use residential development may use the highest allowed height for a commercial or residential building located on any unincorporated land in the County within 1 mile of the proposed development, or 3 stories, whichever is higher (not including the height of any building that has received any bonus, variance, or other special exception for height as may be provided for in the LDRs). In unincorporated Highlands County, the highest allowable height in any residential or commercial district is 150 feet.
If the property is adjacent to, on two or more sides, a parcel zoned for single-family which is within a single-family development with at least 25 contiguous single-family homes, the County may restrict the maximum height of the proposed affordable housing development to the higher of:
- 150% of the height of the tallest building on any property adjacent to the proposed development; (the highest allowable height in any single-family residential district is 35 feet)
- The highest allowed height for the property based on the LDRs; or
- 3 stories.
A developer of an affordable residential multi-family or mixed-use development may request to reduce parking requirements by 15% if the development:
- Is located within ¼ mile of a transit stop that is accessible from the proposed development; (there is no available public transit service in Highlands County)
- Is located within 1/2 mile of a major transportation hub that is accessible from the proposed development by safe, pedestrian means; (there are no major transportation hubs within Highlands County)
- Has parking within 600 feet of the proposed development that would be available for use by residents of the proposed development.
Requested parking reductions under the Live Local Act will be evaluated on a case-by-case basis.
The county must eliminate parking requirements for a proposed mixed-use residential development authorized under the Live Local Act within an area recognized by the County as a transit-oriented development or area. There are no recognized transit-oriented developments or areas within Highlands County.
At least 40 percent of the residential units in a proposed multifamily rental development must be affordable to households earning 120% of the area median income (AMI) for a period of at least 30 years.
For a full listing of income and rent limits, see the most recent table entitled Florida Housing Rental Programs on the Florida Housing Finance Corporation website.
- Request verification from the Highlands County Planning & Zoning Division that the proposed property qualifies to use the provisions of the Live Local Act and what development standards would apply to the site location, including density, FAR, and height.
- Submit to the Highlands County Housing Division a written narrative describing the project’s consistency with the Live Local Act, including the number of units, proposed rent, financial capacity to sustain the project's affordability, and qualified program-management resources available for determining future residents' income eligibility and ensuring affordability thresholds are maintained. The Housing Division may also be able to assist with gap financing for projects that are awarded construction financing through other state or federal housing programs.
- Request a pre-application meeting through the Highlands County Engineering Department using the designated Form 8-D.2 in order to discuss submission requirements for the proposed project. Include with the application a conceptual site plan and a written project narrative describing the project's consistency with the Live Local Act, including the size of the property, the square footage allocated to all proposed uses, the number of units, and the proposed building height. The completed form and narrative should be emailed to development@highlandsfl.gov.
- Execute a Declaration of Covenants and Restrictions Land Use Restriction Agreement (LURA) to the Housing Division for review by the County Attorney’s Office. A fully executed and recorded LURA prior to DO approval.
- Begin the Development Order process through the Engineering Department as outlined in Article 4, Division 1 of the LDRs. All applications should indicate whether you are requesting expedited permitting for the project, per Section 12.04.300 of the LDRs.
- Once the project receives final Development Order approval, the LURA will be executed by the County and recorded.