No. HB 1183
Filed under Development & Land Use.
Transportation Infrastructure Land Development Regulations; Requires governing body of county or municipality to adopt ordinance, & governing body of special district to adopt resolution, establishing specified transit-oriented development (TOD) zones & rural livable urban village (LUV) areas; requires local government to zone for mixed use, & authorize certain commercial uses for, lots within TOD zones & rural LUV areas; prohibits local government from imposing certain building regulations in specified TOD zones & rural LUV areas; prohibits reduction or elimination of TOD zones after establishment; prohibits local government from imposing certain regulations for lots that contain historic property; provides private cause of action; authorizes award of specified relief; provides that prevailing plaintiff is entitled to attorney fees & costs; provides waiver of sovereign immunity.
Plain English Summary
AI-GENERATEDLocal governments must zone land within a quarter-mile of new transit stops for mixed use, allowing housing and commercial activity.
Cities and counties are prohibited from setting maximum building heights, floor area ratios, or minimum parking requirements in these designated zones.
The bill creates a private right of action, allowing property owners to sue local governments and recover attorney fees if they violate these zoning rules.
Once established, these transit-oriented development zones cannot be reduced or eliminated, even if the associated transit stop is later closed.
AILocal governments must zone all lots within designated transit zones for mixed use and authorize specific commercial uses, removing local discretion over land use in these areas.
AILocal governments are barred from imposing maximum building heights, floor area ratios, minimum setbacks, or minimum parking requirements below state-specified thresholds in transit zones.
AIOnce established, transit-oriented development zones cannot be reduced or eliminated by local governments, even if the associated public transit stop closes.
AIProperty owners and housing organizations may sue local governments for damages if regulations violate the act, with the local government bearing the burden of proving the regulation serves a compelling interest.
AILocal governments waive sovereign immunity, making them liable for damages and attorney fees if found to have violated the act's regulatory limits.