Live Local Act

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City of Clearwater Implementation

In March 2023, Florida Governor Ron DeSantis signed Senate Bill 102, also known as the Live Local Act (the Act), into law. The Act became effective on July 1, 2023. Senate Bill 328 became law on May 17, 2024, and amended provisions of the Live Local Act originally adopted by Senate Bill 102.

Senate Bill 328 added intensity, or floor area ratio, as a preemption, allows for height restrictions under certain conditions, requires a parking reduction under certain conditions, and provided minor changes for clarity.

Senate Bill 1730 further amends Section 166.04151, Florida Statutes, and became effective on July 1, 2025.

While the act preempts a local government’s regulations on zoning, density, intensity (floor area ratio), and height for certain multi-family and mixed-use affordable housing developments, other city zoning standards continue to apply.

The following information is provided to answer many questions you may have about how the city of Clearwater is implementing the Live Local Act.

Summary of Approval Process

Multi-Family (Attached Dwellings) Use (Min. 40% Affordable Rental Units for 30 Years)

Eligible Zoning Districts Commercial Tourist Downtown Industrial, Research & Technology US 19
Live Local Entitlements
Density 75 units per acre 1
Intensity N/A 3.75 FAR for properties located in the US 19 District
Height
  1. Highest currently allowed via Minimum Standard (BCP) or Flexible Standard (FLS) Development for commercial or residential development within 1 mile of proposed eligible project, or 3 stories, whichever is higher. 2
  2. If proposed eligible project is adjacent to, on two or more sides, a parcel zoned for single-family residential uses, containing at least 25 contiguous single-family homes, 150% of the tallest building on any property adjacent to the proposed project; the highest currently allowed height for property in the city's Community Development Code, or 3 stories, whichever is higher.
Approval Process
BCP and/or FLS FLS 3 FLS 4 BCP/FLS 5 FLS 3 BCP/FLS 5
Currently Permitted Use (Yes/No) No Yes Yes No Yes
Flexible Standard Development Standards
Minimum Lot Area 15,000 square feet 10,000 square feet None 15,000 square feet None
Minimum Lot Width 150 feet 100 feet None 150 feet None
Front Setback 25 feet minimum 10 to 15 feet minimum Based on Frontage Type 25 feet minimum Based on street Frontage Type
Side Setback 10 feet minimum 10 feet minimum Based on Frontage Type 10 feet minimum Based on street Frontage Type
Rear Setback 6 10 to 15 feet minimum 10 to 20 feet minimum Based on Frontage Type 10 to 15 feet minimum Based on street Frontage Type
Off-Street Parking 2 spaces per unit 7 2 spaces per unit 7 1 spaces per unit 2 spaces per unit 7 1.5 spaces per unit 7
Notes
  1. Restrictions to density on parcels in the Downtown District designated with the Neighborhood Infill Frontage, Appendix C, Figure 2, Regulating Plan - Street Types & Key Corners.
  2. If proposed project height is only available through Level One Flexible Standard Development application, project must meet the applicable criteria for increased height. Height transitions established in Downtown and US 19 Districts apply.
  3. Not currently permitted in zoning district. Level One Flexible Standard Development application required. May request flexibility, but must meet criteria for attached dwellings in the High Density Residential District in Section 2-503.B.
  4. Currently permitted in zoning district as Level One Flexible Standard Development use. May continue to request existing flexibility, but must meet criteria for attached dwellings in Section 2-802.C.
  5. Currently permitted in zoning district as Level One Minimum Standard Development use and Level One Flexible Standard Development use. May continue to request flexibility, if available in the district, through Flexible Standard Development application.
  6. The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from a seawall.
  7. Parking reduction to 1.25 spaces per unit for certified affordable housing units may be requested where a project is within 1/4 mile, or 1,320 feet, of a transit stop. When reduced, must provide 0.5 long-term bike parking spaces per unit for which the parking ratio is reduced, unless private garages are provided. Market rate units must meet minimum parking standard for attached dwellings. The distance a site is from the transit stop shall be measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel.

Mixed-Use Project (Min. 65% Total SF Used for Residential & Min. 40% Affordable Rental Units for 30 Years)

Eligible Zoning Districts Commercial Tourist Downtown Industrial, Research & Technology US 19
City & Live Local Entitlements
Density 75 units per acre 1
Intensity (FAR) for Non-Residential Uses 150% of the underlying future land use category
Mixed-Use Calculation (CDC Section 3-902.F) Proportionate Share Proportionate Share Proportionate Share; Vertical Mixed-Use Exempt Proportionate Share Proportionate Share; Vertical Mixed-Use Exempt
Height
  1. Highest currently allowed via Minimum Standard (BCP) or Flexible Standard (FLS) Development for commercial or residential development within 1 mile of proposed eligible project, or 3 stories, whichever is higher. 2
  2. If proposed eligible project is adjacent to, on two or more sides, a parcel zoned for single-family residential uses, containing at least 25 contiguous single-family homes, 150% of the tallest building on any property adjacent to the proposed project; the highest currently allowed height for property in the city's Community Development Code, or 3 stories, whichever is higher.
City Approval Process
BCP and/or FLS BCP/FLS 3 FLS 4 BCP/FLS 5 FLS 6 BCP/FLS 5
Currently Permitted Use Yes Yes Yes No Yes
Minimum Standard Development Standards
Minimum Lot Area 10,000 square feet – None – None
Minimum Lot Width 100 feet – None – None
Front Setback 25 feet minimum – Based on Frontage Type – Based on Frontage Type
Side Setback 10 feet minimum – Based on Frontage Type – Based on Frontage Type
Rear Setback 20 feet minimum – Based on Frontage Type – Based on Frontage Type
Off-Street Parking 2 spaces per unit 7 + parking required for specific use(s) 8 – 1 space per unit + parking required for specific use(s) – 1.5 spaces per unit + parking required for specific use(s)
Flexible Standard Development Standards
Minimum Lot Area 5,000 to 10,000 square feet 5,000 to 10,000 square feet None 5,000 to 10,000 square feet None
Minimum Lot Width 50 to 100 feet 50 to 100 feet None 50 to 100 feet None
Front Setback 25 feet minimum 0 to 15 feet minimum Based on Frontage Type 25 feet minimum Based on Frontage Type
Side Setback 0 to 10 feet minimum 0 to 10 feet minimum Based on Frontage Type 0 to 10 feet minimum Based on Frontage Type
Rear Setback 10 to 20 feet minimum 10 to 20 feet minimum Based on Frontage Type 10 to 20 feet minimum Based on Frontage Type
Off-Street Parking 2 spaces per unit 7 + parking required for specific use(s) 8 2 spaces per unit 7 + parking required for specific use(s) 8 1 space per unit + parking required for specific use(s) 2 spaces per unit 7 + parking required for specific use(s) 8 1.5 spaces per unit 7 + parking required for specific use(s)
Notes
  1. Restrictions to density on parcels in the Downtown District designated with the Neighborhood Infill Frontage, Appendix C, Figure 2, Regulating Plan - Street Types & Key Corners.
  2. If proposed project height is only available through Level One Flexible Standard Development application, project must meet the applicable criteria for increased height. Height transitions established in Downtown and US 19 Districts apply.
  3. Currently permitted in zoning district as Level One Minimum Standard Development use and a Level One Flexible Standard Development use. May continue to request existing flexibility, but must meet criteria for mixed-use projects in Section 2-703.L.
  4. Currently permitted in zoning district as Level One Flexible Standard Development use. May continue to request existing flexibility, but must meet criteria for mixed-use projects in Section 2-803.P.
  5. Certain nonresidential uses are permitted in zoning district as Level One Minimum Standard Development use or Level One Flexible Standard Development use. Process will depend on selected use(s). May continue to request flexibility, if available in the district, through FLS application.
  6. Not currently permitted in zoning district. Level One Flexible Standard Development application required, may request flexibility, but must meet criteria for mixed-use project in the Commercial District in Section 2-703.L.
  7. Parking reduction to 1.25 spaces per unit for certified affordable housing units may be requested where a project is within 1/4 mile, or 1,320 feet, of a transit stop. When reduced, must provide 0.5 long-term bike parking spaces per unit for which the parking ratio is reduced, unless private garages are provided. Market rate units must meet minimum parking standard for attached dwellings. The distance a site is from the transit stop shall be measured from the nearest point of exit from the parcel based upon the shortest route of ordinary pedestrian travel.
  8. Minimum off-street parking requirement for any nonresidential use provided based on the parking standards established in the Commercial District Table 2-703, Flexible Standard Development Standards. Applicable flexibility criteria for any reduction in parking, if requested, shall apply.

Frequently Asked Questions

What does the Live Local Act permit and what projects qualify?

The Live Local Act entitles eligible affordable housing rental projects to certain use, density, intensity, and height standards and such projects must be approved administratively provided the project meets other applicable city development standards.  

To be eligible, a project must meet the following criteria:

  1. Be in an area zoned for commercial, industrial, or mixed-use.
  2. Be a multi-family or mixed-use rental development.
  3. At least 40% of the residential units must be affordable to households earning up to 120% of the area median income (AMI) for the Tampa Bay Metropolitan Statistical Area for a period of at least 30 years.
  4. If mixed-use development, at least 65% of the total square footage must be residential.

Affordable housing projects meeting these criteria are entitled to the following:

  1. Use: Permitted to build multi-family or mixed-use rental projects on any land zoned for commercial, industrial, or mixed-use without a zoning change.
  2. Density: Permitted the same density as the highest currently allowed residential density on any land in the city where residential development is permitted.
  3. Intensity: Permitted at 150% of the highest currently allowed floor area ratio on any land in the city where development is permitted.
  4. Height:
    1. Permitted the same building height as what is currently allowed for a residential or commercial building within one mile of the proposed development, or three stories, whichever is higher.
    2. If adjacent to a parcel zoned for single-family residential use within a single-family residential development with at least 25 contiguous single-family homes, the height can be restricted to 150% of the tallest building on any property adjacent to the proposed development, the highest currently allowed height for the property provided in the city’s Community Development Code, or three stories, whichever is higher.
  5. Parking:
    1. Required off-street parking may be reduced if a project is located within one-quarter mile of a transit stop.
    2. Required off-street parking must be reduced by at least 20% if a project is located within one-half mile of a major transportation hub or has available parking within 600 feet of the proposed project site, including but not limited to, on-street parking, parking lots, or parking garages.

Where in the city of Clearwater can a project be located?

Eligible projects may be located within the following zoning districts (i.e., those zoned for commercial, industrial, or mixed-use).

  • Commercial (C)
  • Tourist (T)
  • Downtown (D)
  • US 19
  • Industrial, Research & Technology (IRT)

Visit the city's Zoning and Future Land Use Map online to see if a parcel is in one of these eligible zoning districts.

What residential density does an eligible project qualify for?

75 units per acre 

This is the highest residential density allowed in the city. This density is otherwise only permitted in the Downtown Core Character District, a subdistrict of Downtown.

What intensity does an eligible project qualify for?

3.75 FAR

This only applies to eligible projects proposed to be located within the city’s US 19 District.

Are there other Density Bonuses Available?

Eligible projects are not precluded from utilizing other density or intensity bonuses available in the CDC provided the project satisfies the conditions required to receive such bonus and no conditions related to the additional bonus conflicts with the Live Local Act.

How tall can an eligible project be?

A project’s permitted height will depend on what is permitted through the city’s zoning on those properties within a mile of the proposed project. 

The Live Local Act states that the city may not restrict height below the highest allowed for either commercial or residential development within city limits and within one mile of an eligible project, or three stories, whichever is higher.  

If a proposed project is adjacent to a property zoned for single-family residential that is within a single-family residential development with at least 25 contiguous single-family homes, the height may be restricted to 150% of the tallest building on any property adjacent to the proposed project, the highest currently allowed height for the property provided in the city’s Community Development Code, or three stories, whichever is higher.

Maximum permitted height varies by zoning district. Planners in either the Development Review or Long Range Planning Divisions can assist you with determining what this would be for a specific property in the city.

What is the city's process for approval of an eligible project?

The Act states that an eligible project must be approved administratively, but the city’s other Community Development Code standards continue to apply.  

Article 4, Division 3 of the city’s Code establishes the approval process for the city’s “Level One” applications which are administrative reviews where the authority to approve or deny an application is granted to the Community Development Coordinator. The city has two “Level One” applications:

  • Minimum Standard Development application, sometimes referred to as a BCP, can proceed to the submittal of a building construction permit application without a separate site plan review process.
  • Flexible Standard Development applications or FLS are reviewed by the city’s Development Review Committee (DRC) first, and that committee makes a recommendation to the Community Development Coordinator.

The applicable review process is identified for each eligible project type (100% residential or mixed-use) in the summary tables provided above.

What setbacks apply to an eligible project?

Building setbacks will depend on the zoning district and type of eligible project proposed. The setbacks and flexibility, if available to be requested, are summarized in the tables above. 

Additional details and explanation is provided within the Live Local Act City of Clearwater Policy Memo provided above, starting on page 6.

Can eligible projects provide fewer off-street parking spaces?

Yes. In most eligible zoning districts, a parking reduction is possible. But, when vehicle parking is reduced, a project must provide long-term bike parking. 

The Live Local Act requires local governments to “consider” reduced parking for eligible projects within one-quarter mile (1,320 feet) of a “ transit stop”, which is not a defined term in the city’s Community Development Code and is not defined in the Act.

Senate Bill 328 requires that local governments reduce required off-street parking by at least 20% if a project is located within one-half mile (2,640 feet) of a major transportation hub or has available parking within 600 feet of the proposed project site, including but not limited to, on-street parking, parking lots, or parking garages. The current Park Street Terminal meets the definition of a “major transportation hub” provided for in Senate Bill 328.  

Parking for eligible projects will be as follows: 

  • Applicants may request to reduce off-street parking to 1.25 parking spaces per certified affordable unit. In the Downtown (D) District, the required off-street parking per attached dwelling only 1 space per unit and cannot be reduced further.
  • Market rate units must continue to meet the required off-street parking.
  • Project must be within ¼-mile (1,320 feet) of a transit stop that provides service every 30-minutes or more frequent service during peak hours and 60-minute or more frequent service during off-peak hours to be eligible for a reduction.
  • Long-term bike parking must be provided at a ratio of 0.5 long-term bike parking space for each affordable unit that received a reduced off-street parking rate unless private garages are provided for the unit.

If my project is in the US 19 or Downtown District do height transition standards apply?

Yes.

What if my project provides fewer affordable units than required for Live Local benefits? Are there other incentives?

Affordable Housing Density Bonus 

The city’s affordable housing density bonus and other zoning incentives are set forth in CDC Section 3-920. Mixed-income projects containing between 15% and 25% affordable housing units are eligible for a 25% to 50% bonus (see table in the Code). Projects with a higher percentage of units dedicated for affordable housing may receive a 20% density bonus.

Additional Legislative Incentives for Affordable Housing (HB 1339 & SB 962)

Section 166.04151(6), F.S., allows a local government to approve any residential or mixed-use residential development on any parcel zoned for commercial or industrial use as long as 10% of the housing units are set aside for affordable housing, regardless of any zoning or other regulations that are in place.

Affordable housing projects in the Commercial (C) or Industrial, Research & Technology (IRT) Districts may be permitted as Comprehensive Infill Redevelopment (or Comp Infill) Projects. Projects must meet the applicable Comp Infill criteria which address a myriad of items including, but not limited to, consistency with the city’s Comprehensive Plan and Code; not impeding the normal and orderly development and improvement of surrounding properties; and compliance with one or more stated objectives including the provision of affordable housing.

Comp Infill projects are Level Two Flexible Development (FLD) applications. Level Two applications require review by the DRC, which makes a recommendation regarding project approval. The authority for approval or denial is granted by the Code to the city’s Community Development Board. Although this means that a public hearing is required, a future land use change and rezoning are not also required.

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