Live Local Act
Staff shall review proposed development projects for consistency with F.S. 125.01055(7) (“Live Local Act”) when an Applicant indicates that they intend to seek authorization for development through the Live Local Act. Notice of request for authorization through the Live Local Act shall be submitted with an application for development (such as a building permit application) on the form prescribed by the Planning Director. This form shall be known as the Live Local Act Authorization Application Form.
What Projects are AUTHORIZED under the Live Local Act?
To be considered “AUTHORIZED” under the Live Local Act, the proposed development:
- Must be on a property zoned for commercial, industrial, or mixed use.
Monroe County Land Use Districts that allow commercial, industrial, or mixed use as of right are:
C1 | Commercial 1 |
C2 | Commercial 2 |
CFA | Commercial Fishing Area |
CFSD | Commercial Fishing Special District |
CFV | Commercial Fishing Village |
I | Industrial |
MI | Maritime Industries |
MU | Mixed Use |
MF | Military Facilities |
RV | Recreational Vehicle |
SC | Suburban Commercial |
UC | Urban Commercial |
- Must be multifamily (even in the context of mixed use development)
- 40% of units must be rental units that are deed restricted for 30+ years as affordable under 420.0004 for 30+ yrs[1]
- The floor area within the residential units and any residential accessory buildings must make up at least 65% of the development’s total square footage (see “floor area” per LDC 101-1). (The County may not require that more than 10% of the total square footage be used for nonresidential purposes.)
If AUTHORIZED, What is Allowed Under Live Local in Monroe County?
ADMINISTRATIVE APPROVAL[2]
The Live Local Act requires Monroe County to administratively approve AUTHORIZED multi-family and mixed-use residential development.
A proposed development authorized under the Live Local Act must be administratively approved without further action by the Board of County Commissioners or the Planning Commission unless such approval is otherwise required by the LDC or Comprehensive Plan for subject matter other than density, height, floor area ratio, or permitted uses.[3]
Monroe County may not require an AUTHORIZED multi-family or mixed-use residential development to obtain a conditional use approval, TDRs, or a variance for the height, floor area ratio, and/or density authorized under the Live Local Act.
DENSITY
The County may not restrict the density of an AUTHORIZED affordable residential rental multi-family or mixed-use residential development below the highest currently allowed density on any land where residential use is allowed, according to the LDC.
In Monroe County, 25 dwelling units per buildable acre is the highest density allowed for residential uses (see maximum net density within the Urban Residential (UR) Land Use District, per LDC Sec. 130-157).
As defined by Monroe County Land Development Code (LDC) Section 101-1, Buildable acre means the upland portion of a parcel that is not required open space required by section 130-157.
Open Space requirements by Land Use District (LDC Sec. 130-157):
Land Use District | Minimum Open Space Ratio | Land Use District | Minimum Open Space Ratio |
C1 | 0.20 | MI | 0.20 |
C2 | 0.20 | MU | 0.20 |
CFA | 0.20 | MF | 0.20 |
CFSD | 0.20 | RV | 0.20 |
CFV | 0.20 | SC | 0.20 |
I | 0.20 | UC | 0.20 |
HEIGHT
The County may not restrict the height of an AUTHORIZED affordable residential rental multi-family or mixed-use residential development below the highest currently allowed height for a commercial or residential development located in the County within 1 mile of the proposed development, or 3 stories, whichever is higher.
The County must allow an AUTHORIZED development to be built to a height of:
- 35 feet (or up to 38 feet if up to 3 feet of additional voluntary freeboard is provided);[4] or
- 3 stories (habitable floors above base flood)
Whichever is higher.
Story (per FBC): “That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (see “Basement,” “Building height,” “Grade plane” and “Mezzanine”). A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.”[5]
PARKING
The County must, upon request of an applicant, reduce parking requirements for an AUTHORIZED development by 15% if the development has available parking within 600 feet of the development which may consist of options such as on-street parking, parking lots, or parking garages available for use by residents of the proposed development. (The County may not require that the available parking compensates for the reduction in parking requirements.)
FLOOR AREA RATIO
The County is prohibited from limiting the Floor Area Ratio (FAR) below 150% of the highest currently allowed FAR.
As defined in Monroe County Land Development Code (LDC) Section 101-1:
- Floor area ratio (FAR) means the total floor area of the building(s) and/or any other covered and enclosed structure(s) on a site divided by the gross area of the site. FAR is the measurement of the intensity of building development on a site.
- Intensity means an objective measurement of the magnitude of nonresidential use on a site. Intensity is measured and expressed as a floor area ratio (FAR) (see definition of Floor Area Ratio).
The maximum FAR within the LDC[6] for each nonresidential use is listed below:
Nonresidential Use | Maximum FAR | 150% of FAR |
Agriculture | 0.25 | 0.375 |
Agriculture (Mariculture) | 0.45 | 0.675 |
Airport Uses | 0.5 | 0.75 |
Commercial Fishing | 0.45 | 0.675 |
Commercial Recreation | 0.4 | 0.6 |
Heavy Industrial | 0.4 | 0.6 |
High Intensity Commercial Retail or Restaurant | 0.35 | 0.525 |
Institutional | 0.4 | 0.6 |
Light Industrial | 0.4 | 0.6 |
Low Intensity Commercial Retail or Restaurant | 0.5 | 0.75 |
Marina | 0.25 | 0.375 |
Medium Intensity Commercial Retail or Restaurant | 0.4 | 0.6 |
Military Uses | 0.5 | 0.75 |
Office | 0.5 | 0.75 |
Public Buildings/Uses | 0.6 | 0.9 |
ADDITIONAL REQUIREMENTS
Except as otherwise provided within the Live Local Act, an AUTHORIZED development must comply with all other requirements of the Monroe County Comprehensive Plan and Land Development Code, including but not limited to, ROGO, clearing limits, setbacks, landscaping, bufferyards, open space, concurrency, environmental regulations, etc.
ROGO/NROGO requirements still apply, including the need for allocations to either be reserved by the BOCC or awarded by the Planning Commission. IF USING AFFORDABLE and/or AFFORDABLE EARLY EVACUATION ROGO Allocations, must meet the requirements of Chapter 138/139/101, as applicable, including but not limited to:
- The covenants for any affordable housing units shall be effective for a period of at least 99 years.
- Affordable housing projects shall be no greater than 20 units unless approved by resolution of the Monroe County Planning Commission.
- Affordable housing ROGO allocations are designated as Moderate income: up to 120% AMI; or Very Low/Low/Median Income: 50/80/100% AMI.
EXCLUSIONS
The following areas do not qualify for consideration under the Live Local Act:
EXPIRATION
The Live Local Act expires October 1, 2033.
ADMINISTRATIVE PROCESS
Monroe County staff will implement Florida’s Live Local Act in a manner that is in accordance with the Act. Verification of the project’s eligibility shall be completed through the submittal of the Live Local Act Authorization Application Form, which is an administrative process. Monroe County Planning Department staff shall administratively review the submitted form and provide authorization through a Live Local Act Authorization Letter in a timely manner.
In order to move forward with a project through the Live Local Act, an applicant must:
- Submit a Live Local Act Authorization Application Form to the Monroe County Planning and Environmental Resources Department. Administrative Procedures and the Live Local Act Authorization Application Form can be found here: https://www.monroecounty-fl.gov/DocumentCenter/View/39310/Live-Local-Act-Form_Fillable
- The Monroe County Planning & Environmental Resources Department will review the authorization form submitted and if the project is determined to be eligible, issue a Live Local Act Authorization Letter.
- Submit Live Local Act Authorization Letter as an attachment to the building permit application.
______________________________________________________________________________________
[1](420.0004 = 120% AMI); Monroe County Affordable ROGO Allocation deed restriction requirements shall also apply.
[2] Administrative Procedures and the Live Local Authorization Form can be found here:
[3] F.S. 125.01055(7)(e) (“A proposed development located within one-quarter mile of a military installation identified in s. 163.3175(2) may not be administratively approved.”).
[4] Per LDC Section 131-2.
[5] FBC Section 202 (2023).
[6] LDC Section 130-164.
[7] F.S. 342.201(2)(b) (“‘Recreational and commercial working waterfront’ means a parcel or parcels of real property that provide access for water-dependent commercial activities or provide access for the public to the navigable waters of the state. Recreational and commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The term includes water-dependent facilities that are open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels. These facilities include docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water.”).
[8] F.S. 125.01055(7)(n) (2.) (“‘Industrial use’ means activities associated with the manufacture, assembly, processing, or storage of products or the performance of services related thereto. The term includes, but is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites. A parcel zoned to permit such uses by right without the requirement to obtain a variance or waiver is considered industrial use for the purposes of this section, irrespective of the local land development regulation’s listed category or title. The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not industrial use, irrespective of how they are operated.”).