No. CS/CS/HB 1389
Filed under Local Government.
Affordable Housing; Requiring counties and municipalities, respectively, to authorize multifamily and mixed-use residential uses as allowable uses for specified property; providing requirements for certain proposed developments; prohibiting counties and municipalities, respectively, from restricting the height of certain proposed developments through other dimensional means and from requiring certain setbacks or stepbacks; requiring counties and municipalities to allow certain applicants to submit revised applications, written requests, and notices of intent to account for changes made by the act; .; authorizing a local government to provide a density bonus incentive to landowners who make certain real property donations to assist in the provision of affordable housing for military families; requiring the Office of Program Policy Analysis and Government Accountability to evaluate the efficacy of using mezzanine finance and the potential of tiny homes for specified purposes, etc.
Plain English Summary
AI-GENERATEDCounties and municipalities must now allow multifamily and mixed-use residential developments in commercial, industrial, and mixed-use zones if 40% of units are affordable for 30 years.
Local governments are prohibited from restricting the height of these developments through setbacks or stepbacks that are more restrictive than the minimum permitted in the proposal.
The bill expands the definition of industrial use to exclude farms and farm operations, preventing localities from classifying agricultural activities as industrial for zoning purposes.
It authorizes local governments to provide density bonus incentives to landowners who donate real property to assist in providing affordable housing for military families.
AICounties and municipalities must allow multifamily and mixed-use residential in commercial, industrial, and mixed-use zones, as well as on county, municipal, school district, and certain religious properties, provided 40% of units are affordable for 30 years.
AILocal governments may not restrict the height of these developments below the highest allowed nearby height or three stories, and may not use setbacks or stepbacks to circumvent this height limit.
AIThe mandatory zoning requirements do not apply to areas with land development regulations intended to retain open character, areas of critical state concern, or properties with recorded conservation easements.
AIThe state waives sovereign immunity for civil actions alleging discriminatory housing practices under the land use discrimination statute, allowing lawsuits against state agencies and political subdivisions.
AIDevelopments on religious property must be applied for by both the applicant and the institution, and the house of public worship must continue to operate on the property after construction.