City of Delray Beach, FL
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Live Local Act
On March 29, 2023, Senate Bill (SB) 102, also known as the "Live Local Act," was signed into law and became effective on July 1, 2023, and has since been amended:
The Live Local Act preempts the City's zoning and land use regulations for development providing at least 40% of the units for on-site workforce housing. Pursuant to the Live Local Act, the following standards apply to Live Local Act projects in Delray Beach:
Locations: Allowed in any commercial, industrial, mixed-use, or planned residential development zoning district, or any parcel owned by a religious institution (regardless of zoning).
Density: Maximum standard density allowed anywhere in municipal boundary. The maximum standard density in Delray Beach is 40 du/ac in the MROC zoning district.
Workforce Housing: A minimum of 40% of the total units within the development must be provided on-site as affordable at a max. 80 - 120% AMI and maintained for 30 years.
Height: Maximum height allowed within the municipal boundary, without incentives or exceptions, within one-mile of the property. The maximum height allowed in Delray Beach without incentives or exceptions ranges from 35 feet to 80 feet. Height restrictions apply when property is adjacent to single-family development.
Floor Area Ratio (FAR): 150% of the maximum FAR allowed anywhere in the municipal boundary. The maximum FAR allowed in Delray Beach is 3.0 on land designated Commercial Core (CC) on the Land Use Map.
Development Standards: Unless otherwise modified by the Live Local Act, projects outside of the Central Business District (CBD) must comply with the Development Standards for the RM zoning district and LDR Section 4.3.3(BB), Performance Standards for Multi-family Development.
Projects within the CBD or Old School Square Historic Arts District (OSSHAD) Zoning with CBD Overlay are subject to LDR Section 4.4.13.
Mixed-use Development: Development must include at least 10% commercial or industrial use since less than 20% of Delray Beach's land area is designated for commercial or industrial. The non-residential use must be allowed in the zoning district where it is located. At least 65% of the development's total square footage must be used for residential purposes.
Parking: Required per LDR based on residential unit-types and non-residential use. 15% parking reduction required if project located within 1/4 mile of a transit stop. 20% parking reduction required if project located within 1/2 mile of Major Transportation Hub. For Delray Beach, the Tri-Rail Station is classified as a Major Transportation Hub. There is no administrative ability to further reduce the required amount of parking.
Approval Process: Requires administrative approval for eligible projects, without Board or City Commission review or approval. Eligible projects must comply with all other applicable regulations. Any project requiring relief is not eligible for administrative approval.
Submitted "Live Local Act" Projects:
Alton Delray
2101 South Congress Avenue
386 dwelling units, 1,784 square feet of industrial space
Initial Submittal: 9/14/2024
Status: In review