No. CS/CS/SB 208
Filed under Development & Land Use.
Land Use and Development Regulations; Requiring that the amount of certain application fees reasonably relate to certain costs; requiring that certain interlocal agreements between school boards and local governments address reasonable access to certain public easements and public rights-of-way; requiring that local government comprehensive plans and land development regulations include factors for assessing the compatibility of certain residential uses; authorizing the placement of certain residential manufactured buildings on any lot in a recreational vehicle park; requiring that an offsite constructed residential dwelling be permitted as of right in certain zoning districts, etc.
Plain English Summary
AI-GENERATEDLocal governments must give specific written reasons before denying a residential rezoning, subdivision, or site plan as incompatible with its surroundings. Citing 'community character' or 'neighborhood feel' alone no longer supports a denial.
If an applicant proposes ways to fix a compatibility problem, the local government can only deny the project by finding, in writing, both that the fix is inadequate and that no workable fix exists at all.
Manufactured and modular homes built off site must be permitted as of right anywhere a site-built single-family home is allowed. A conflicting local ordinance is void and unenforceable, though a limited set of design standards can still apply equally to both types of homes.
Counties and cities can no longer set development-permit fees as a percentage of a project's construction cost or value. The fee must instead reasonably reflect the government's own cost of reviewing the application.
AIA local government can still deny a rezoning, subdivision, or site plan on residential-compatibility grounds, but if the applicant proposed mitigation, the denial must include written findings that the proposed mitigation is inadequate and that no feasible mitigation exists at all.
AIA local government may not rely on community character or neighborhood feel by themselves to justify denying a residential rezoning or site plan. A denial on compatibility grounds must instead specify, with particularity, the actual areas of incompatibility and the applicable standards.
AIAn offsite constructed residential dwelling -- a manufactured building or manufactured home built in whole or part off site -- must be allowed by right in any zoning district where a site-built single-family home is allowed. A local government may not treat it differently or more restrictively.
AIAny local zoning, land-use, or development ordinance that conflicts with the new parity rule, or that treats an offsite-built home differently because of its construction method, is void and unenforceable as applied to that home.
AIA county or municipal application fee for a development permit or order must reasonably relate to the government's direct and indirect cost of reviewing it, must be posted on the government's fee schedule, and may not be set as a percentage of construction costs, site costs, or project valuation.
AIA certified manufactured building can now be placed on any lot in a recreational vehicle park, not just a lot specifically designated as a mobile home lot within that park.
AIInterlocal agreements between a school board and a local government must now address reasonable access to public easements and rights-of-way needed to site, build, expand, or improve a public school facility, including charter schools.
AIThe state's government watchdog agency must study what would happen if Miami-Dade County and other counties removed their Urban Development Boundaries, covering growth control, land and housing costs, and environmental and water-quality protection, and report to legislative leaders by December 1, 2026.