Live Local Act Frequently Asked Questions

What is the Live Local Act?

• Purpose: The Live Local Act (LLA) (Section 125.01055, Florida Statutes) is a state law that promotes affordable housing in zoning districts that permit at least one commercial, industrial, or mixed-use .
• Preemption of local regulations: Under Section 125.01055, Florida Statutes, eligible affordable housing developments are exempt from certain local land use regulations, including:
• Density
• Floor area ratio (FAR)
• Parking
• Building height
• Land use location
• Review and approval process: Eligible projects must be reviewed and approved through an administrative process. County staff cannot require review or approval by the Board of County Commissioners or through any other public hearing process.

What properties are eligible for Live Local developments?

Properties must meet the following criteria to qualify:

• Permitted development: The property must allow commercial, industrial, or mixed-use development by right.
• Staff review: To determine eligibility, staff evaluates:
• Permitted uses in the Zoning District
• Commercial access
• The property must have access to a roadway classified as a collector or higher in the Comprehensive Plan (Table 5-1).
• Qualifying land use or zoning: Any Zoning District may qualify, regardless of its name, if it allows at least one permitted commercial, industrial, or mixed-use activity as defined by the Live Local Act.

Live Local Act definitions:

• Commercial Use
  • Definition: Activities involving the sale, rental, or distribution of products or the provision of services.
  • Examples include:
    • Retail and wholesale sales
    • Equipment and product rentals
    • Offices
    • Restaurants and food vendors
    • Public lodging establishments (as defined in s. 509.242(1)(a))
    • Other for-profit businesses
  • Zoning requirement: The property must allow commercial uses by right, without requiring a variance or waiver, regardless of the zoning category or name.
  • Exclusions:
    • Home-based businesses and cottage food operations on residential property
    • Public lodging establishments defined in s. 509.242(1)(c) Vacation Rental
    • Accessory, ancillary, or incidental uses
    • Temporary uses
    • Recreational amenities in residential areas, such as golf courses, tennis courts, swimming pools, and clubhouses
    • Farms and farm operations, including the packaging and sale of products grown on-site
  • Industrial Use
    • Definition: Activities involving the manufacture, assembly, processing, or storage of products, or related services.
    • Examples include:
      • Automobile manufacturing or repair
      • Boat manufacturing or repair
      • Junkyards
      • Electrical generating plants
      • Water treatment plants
      • Sewage treatment plants
      • Solid waste disposal sites
    • Zoning requirement: The property must allow industrial uses by right, without requiring a variance or waiver, regardless of the zoning category or name.
    • Exclusions:
      • Accessory, ancillary, or incidental uses
      • Temporary uses
      • Recreational amenities in residential areas, such as golf courses, tennis courts, swimming pools, and clubhouses
      • Farms and farm operations, including the packaging and sale of products grown on-site
• Mixed Use
  • Definition: A development that combines at least two of the following land use categories:
    • Residential
    • Commercial
    • Industrial
  • Exclusions:
    • Farms and farm operations, including the packaging and sale of products grown on-site
    • Accessory, ancillary, or incidental uses
    • Temporary uses
    • Recreational amenities in residential areas, such as golf courses, tennis courts, swimming pools, and clubhouses

      Permitted uses: The Land Development Code (LDC) identifies the uses allowed in each zoning district:
    • Section 401.2 – Schedule of Uses
    • Section 402.5 – Schedule of Uses for PD Districts

    The following sections identify commonly misunderstood zoning districts and some of the permitted uses that may qualify them for Live Local Act development.

    Standard Zoning Districts

    Zoning	Eligible	Qualifying Uses (Non-Exhaustive List)
    General Agriculture (A)	Yes	Equipment sales, rental, leasing, storing and repair - heavy & light; Funeral Chapel; Office; Utility Use; Veterinary Clinic; Pet Service (Kennel) Establishments; Lumberyard; Adult Day Care Center
    Suburban Agriculture District (A-1)	Yes	Funeral Chapel; Office; Bus and Train Passenger Station; Adult Day Care Center
    Village Districts (Myakka City, Parrish, Rubonia)	Yes	Funeral Chapel; Office; Utility Use; Bus and Train Passenger Station; Drive-Through Establishments; Food Truck Park; Gas Pumps; Mobile Vending Park; Restaurant; Retail Sales; Neighborhood Convenience; Bank/Drive-through; Business Services; Printing; Car Wash; Clinics; Equipment sales, rental, leasing, storing and repair - heavy & light; Exterminating and Pest Control; Industrial Service Establishment; Sign Painting Service; Laboratories; Medical and Dental; Personal Service Establishment; Dry Cleaners;  Rental Service Establishment; Repair Service Establishment; Veterinary Clinic
    Residential Single Family Districts (RSF-1, RSF-2, RSF-3, RSF-4.5, RSF-6, RSF-9	Yes	Office; Utility Use; Adult Day Care Center
    Residential Single Family Mobile Home Districts (RSMH-4.5, RSMH-6)	Yes	Office; Utility Use; Adult Day Care Center
    Residential Duplex Districts (RDD-3, RDD-4.5, RDD-6)	Yes	Office; Utility Use; Adult Day Care Center
    Residential Multifamily Districts (RMF-6, RMF-9, RMF-12, RMF-16)	Yes	Office; Utility Use; Bus and Train Passenger Station; Adult Day Care Center
    Light Manufacturing District (LM)		Auction Houses, Enclosed; Auction Houses, Open; Building Materials Sales Establishment; Lumberyard; Drive-Through Establishments;; Restaurant; Service Station; Vehicle Sales, Rental, Leasing; Car Wash: Full Service; Car Wash: Self-Service; Equipment sales, rental, leasing, storing and repair – heavy and light; Food Catering Service Establishment; Intensive Services: Industrial Service Establishment; Intensive Services: Exterminating and Pest Control; Laboratories, Medical and Dental; Lodging Places: Hotel/motel; Office, Medical or Professional Office; Bank/Drive-through; Rental Service Establishment; Repair Service Establishment; Vehicle Repair; Wholesale Trade Establishment; Research and Development Activities; Utility Use; Flea Markets; Alternative Energy Generation Facility; Outdoor Storage (Principal Use); Towing Service and Storage Establishment; Parking, Commercial (Principal Use); Earthmoving, Major; Child Care Center, Large; Child Care Center, Small; Bus and Train Passenger Station; Mini Warehouses, Self-storage; Helistop; Motor Freight Terminal/Maintenance; Bus RR/Maintenance Facility; Warehouses
    Heavy Manufacturing District (HM)		Construction equipment; Equipment sales, rental, leasing, storing and repair – light; Intensive Services: Industrial Service Establishment; Intensive Services: Exterminating and Pest Control; Lodging Places: Hotel/motel;  Miscellaneous Services: Office; Dry Cleaners: General; Vehicle Repair: Major; Wholesale Trade Establishment; Research and Development Activities; Utility Use; Outdoor Storage (Principal Use); Towing Service and Storage Establishment; Parking, Commercial (Principal Use); Earthmoving, Major; Child Care Center, Large; Child Care Center, Small; Bus and Train Passenger Station; Heliport; Helistop; Intensive Services: Motor Pool Facilities; Intermodal Terminal; Motor Freight Terminal/Maintenance; Bus RR/Maintenance Facility; Railroad Switching/Classification Yard; Warehouses

    Planned Development Zoning Districts

    Zoning	Eligible	Qualifying Use(s)
    Planned Development Agriculture (PDA)	Yes	Retail Sales, Neighborhood Convenience; Medical Marijuana Treatment Center Dispensing Facility; Retail Sales, General; Funeral Chapel; Personal Service Establishment; Office; Rehabilitation Center; Dry Cleaners; Utility Use; Veterinary Clinic; Adult Day Care Center; Child Care Center, Large; Child Care Center, Small; Bus and Train Passenger Station; Helistop; Warehouses
    Planned Development Mobile Home (PDMH)	Yes	Retail Sales, Neighborhood Convenience;  Medical Marijuana Treatment Center Dispensing Facility; Retail Sales, General; Personal Service Establishment; Rehabilitation Center; Adult Day Care Center; Child Care Center, Small
    Planned Development Residential (PDR)	Yes	Funeral Chapel; Office, Medical or Professional; Personal Service Establishment; Rehabilitation Center; Adult Day Care Center; Child Care Center, Large; Child Care Center, Small; Bus and Train Passenger Station; Helistop

    What are the affordability requirements?

• Multifamily rental
• 40% of units as affordable per Section 420.0004, Florida Statutes
• 81-120% Area Median Income
• 30 years
• Land Use Restriction Agreement (LURA)(executed prior to certificate of completion)

What is the permitted density for a LLA development?

• The county must permit a maximum density equivalent to the highest currently allowed by right anywhere within unincorporated Manatee County. 
• The current highest allowed density, without any density bonus incentives, is 32 dwelling units per acre. This corresponds to the Urban Corridor density (without any bonus)

What are the parameters for a mixed-use LLA development?

• A mixed-use development must provide a minimum of 10% of gross building square footage of commercial use. 
• The maximum permissible commercial square footage is 35% of the overall gross building square footage. 
• The highest permitted Floor Area Ratio (FAR) is mandated to be 150% of highest FAR permitted by-right in the County.

What height is permitted for a LLA development?

• May not restrict the height of a proposed LLA development below the highest allowed height for a commercial or residential building located in its jurisdiction within 1 mile of the proposed development or three stories, whichever is higher. (Note: that the LLA refers to “allowed” height, not existing)

• Any zoning district that permits at least one commercial use is used to determine maximum permitted height, including the light and heavy manufacturing districts. 
• Must look at all zoning districts within a mile and whichever district has the highest permitted height is the prevailing maximum height.

• Possible height restrictions: The county may limit the proposed development’s height to 150% of the tallest building or three stories, whichever is higher, if the following conditions are met:
  • The proposed development is adjacent to single-family residentially zoned parcels on two or more sides.
  • Those parcels are part of a single-family residential development containing at least 25 contiguous single-family homes (lots that directly touch each other).
  • Definition of “Adjacent To”: Properties must share more than one point along a property line. Properties separated by a public road are not considered adjacent.

The LDC establishes maximum permitted heights for standards zoning districts in Section 401.4 (see link below).

https://library.municode.com/fl/manatee_county/codes/land_development_code?nodeId=CH4ZO_S401STZODIES_401.4SCARHEBUPLRE

Maximum permitted heights for Planned Development zoning districts are established throughout LDC Section 402 (see link below).

https://library.municode.com/fl/manatee_county/codes/land_development_code?nodeId=CH4ZO_S402PLDEPDDI

Live Local Act Resolution R-26-33

Current and Previous Live Local Applications

Manatee County Land Development Code does allow some home occupations without any approvals, with the following limitations: The home cannot take on the appearance of a business. There cannot be any outdoor storage or display of merchandise. There cannot be any retail or wholesale transactions. No assembly, processing or fabrication operations are allowed. No signs advertising the business are allowed. The business can occupy no more than 25% of the home or 200 square feet of the first floor, whichever is less, exclusive of an open porch, attached garage or similar accessory uses. No traffic should be generated in greater volume than normally expected in a residential neighborhood. Please contact the Reviewer on Call at (941) 748-4501 x6894 or revieweroncall@mymanatee.org to see if your proposed business meets the above conditions.

Manatee County is only a signatory agent for retail alcohol beverage licenses. To apply for a license you must contact the Florida Department of Business and Professional Regulation (https://www.myfloridalicense.com/). Manatee County will review the state license for zoning compliance. A review fee of $50.00 will be assessed.

What is an address?

An address is a method used to describe a physical location and is used by law enforcement, fire and ambulance personnel to provide emergency services response, and by the United States Postal Service for the delivery of mail.

Why is an address so important? Because “Every Second Counts in Emergency Response!”

Many people, including those in public safety, view enhanced 9-1-1 as a great emergency response tool. However, without accurate and consistent address information, it cannot always be counted on to help speed-up emergency response. Of the total parts that comprise the enhanced 9-1-1, addressing can be considered one of the most vital.