The Live Local Act in unincorporated Miami-Dade County

For counties, the Live Local Act is Fla. Stat. 125.01055(7). The County may not require a rezoning, a land use change, a special exception, a variance or a plan amendment for the height, zoning and density the statute authorizes, and it approves a qualifying project administratively. The provision expires on 1 October 2033.

Where it applies

• Land zoned commercial, industrial or mixed use; in the County's reading, BU, IU, RU-5, RU-5A and planned districts that allow those uses.
• Land owned by the County, a municipality or the school district, with the owner a party to the application, or more than 3 acres owned by a religious institution with a house of worship for 10 years or more.
• At least 40 percent of the units rental and affordable (Fla. Stat. 420.0004) for 30 years; a mixed-use project at least 65 percent residential.

Exclusions

Airport-impacted areas under Fla. Stat. 333.03(5), unless the airport's governing body approves; the Everglades Protection Area; areas of critical state concern; conservation easements; and land within a quarter mile of a military installation, among others.

How approval works

Every Live Local application goes through the County's Administrative Site Plan Review, where concurrency, traffic, landscaping and airport zoning still apply; a decision is appealable to the Community Zoning Appeals Board. The 30-year affordability is secured by a recorded restrictive covenant and an annual report. Demolition of an existing structure for the project is administrative.

Questions

Does a Live Local project in unincorporated Miami-Dade need a public hearing?

No. It is approved administratively through Administrative Site Plan Review; a hearing arises only on an appeal to the Community Zoning Appeals Board.

Sources