The Live Local Act, effective July 1, 2023, addresses affordable housing needs through a variety of incentives, land use policies, publicly owned land tools, and other strategies. In Flagler County it allows qualifying multi-family and mixed-use affordable housing to be approved administratively in commercial, industrial and mixed-use areas.
The Live Local Act has been amended twice since it took effect. All three chapter laws apply.
The Act requires local governments, for a ten-year period, to allow multi-family and mixed-use residential development through administrative approval in any area zoned commercial, industrial or mixed-use, if at least 40 percent of the units are affordable to income-eligible households for at least 30 years.
The Act also applies to any parcel, including any contiguous parcel connected to it, that is owned by a religious institution as defined in s. 170.201(2) and contains a house of public worship, regardless of the underlying zoning, so long as at least 10 percent of the units in the project are affordable housing.
Use
Administrative approval
Multi-family approved administratively in commercial, industrial or mixed-use areas, with at least 40 percent of units serving income-eligible households.
Density
10 units per acre
The highest density allowed on any land within the County.
Height
3 stories minimum
The highest currently allowed for a commercial or residential development within 1 mile of the proposed development, or 3 stories, whichever is higher.
Floor Area Ratio
150 percent
150 percent of the highest currently allowed FAR in the subject zoning designations.
Exceptions to administrative approval. The following are not subject to administrative approval:
Properties defined as recreational and commercial working waterfront in any area zoned industrial, properties in any "airport-impacted area" as provided in s. 333.03, Florida Statutes, and any property within one quarter mile of a military installation.
This exemption applies to newly constructed multifamily developments of more than 70 units that serve households up to 120 percent of area median income (AMI). The exemption applies to all affordable units, at a level set by the income served.
The Act also authorizes cities and counties to adopt an additional property tax exemption for developments of 50 or more units that set aside at least 20 percent of units as affordable to households at or below 60 percent AMI.
Flagler County has not adopted this optional exemption. Only the Missing Middle exemption described above is available at this time.
Submit the application
File a Site Development, Live Local application through the online application portal, opens in a new window.
Staff reviews eligibility
At intake, staff determine whether the project qualifies under the Act. Qualifying applications are expedited.
Record the covenants
All Live Local Act projects must submit the Declaration of Covenants and Restrictions, linked below.
Declaration of Covenants and Restrictions(PDF, 412KB) providing that at least 40 percent of the residential units are affordable, as defined in s. 420.0004, Florida Statutes, for a period of 30 years, subject to maintenance, monitoring and enforcement.
Questions about a Live Local project?
Growth Management staff can tell you whether a site qualifies before you file an application.