Zoning; by-right multifamily residential development in areas zoned for commercial use.

Plain English Breakdown

The bill summary and digest do not provide specific details on the impact of these changes on existing commercial uses adjacent to approved multifamily residential developments.

Zoning Rules for Multifamily Housing

This bill requires localities to allow multifamily housing developments in commercial areas without needing special permits or approvals.

What This Bill Does

• Requires local zoning ordinances to include provisions allowing by-right development and construction of multifamily residential uses and mixed-use developments in at least 75% of land within commercial or business zoning districts.
• Prohibits imposing more stringent requirements for such developments than would otherwise be required, including special permits, lower height limits, additional parking spaces, larger setbacks, or costly amenities.
• Specifies that local staff must review and approve these developments administratively without requiring special hearings.
• Exempts projects converting existing buildings into multifamily housing from setback requirements.
• Prohibits requiring ground floor space for commercial uses in multifamily developments.

Who It Names or Affects

• Local governments responsible for zoning rules
• Developers interested in building multifamily homes or mixed-use buildings

Terms To Know

Multifamily residential use

Housing for multiple families, like apartments or condos.

Mixed-use development

A building that has both living spaces and commercial areas.

Limits and Unknowns

• The bill does not apply to underdeveloped areas with a tree canopy of at least 60 percent.
• Localities can offer incentives for developments that include affordable housing units.

Official Summary Text

Zoning; by-right multifamily development.
Requires a locality to include provisions in its zoning ordinance allowing for the by-right development and construction of multifamily residential uses and mixed-use developments that include both residential and commercial uses on at least 75 percent of all land contained in commercial or business zoning district classifications, including any land contained in commercial or business zoning district classifications that allow for the by-right development and construction of single-family residential uses. The bill provides that such provisions shall not (i) apply in underdeveloped areas that are covered by a tree canopy of at least 60 percent; (ii) impose more stringent land use requirements for such development than would otherwise be required; (iii) require that a special exception, special use, or conditional use permit be obtained for such development; (iv) require a lower height than the greater of the height of the tallest existing building within 500 feet or the height that would otherwise be allowed; (v) require more than one parking space per unit; (vi) require larger setbacks than the existing building in the locality with the smallest setbacks; or (vii) require more costly amenities or design features than would otherwise be required for multifamily or mixed-use buildings.
The bill also (a) stipulates that the review and approval of such development shall be done administratively by the locality's staff; (b) requires that the zoning ordinance provisions must exempt any proposed development that converts an existing building to a multifamily residential use from any setback, height, or frontage requirements; (c) prohibits the zoning ordinance provisions to require any proposed development to dedicate some or all of its ground floor space to commercial uses; and (d) provides that any proposed residential development that dedicates a minimum of 10 percent of the total number of housing units to affordable housing may be offered application incentives by the locality. The bill also prohibits localities from approving any commercial or business use on a property adjacent to the approved multifamily residential development that is different from the use that had been established at the time the multifamily residential development was approved.

Current Bill Text

HB 816

SEN. FAVOLA
1. Line 34, substitute, after
permitted
insert
by right

SEN. FAVOLA
2. Line 36, substitute, after
permitted
insert
by right