(A) A property that includes affordable housing built under the preemptive
regulations in the Live Local Act (2023) must manifest compliance with F.S. § 166.04151's mandate of providing a minimum of 40% affordable housing for 30 years by recording a restrictive covenant on the property to that effect. If the development does not comply with the Act for 30 years, then the city will consider the affordable housing units nonconforming uses, and subject to § 154.10 of the land development code.
(B) The city will enforce the restrictive covenant. After a property is no longer qualified as affordable housing due to violation of the restrictive covenant, the city may impose additional regulations on the development, at the City Commission's discretion at a public hearing, to include stricter design standards, landscaping, upgraded amenities, and other regulations designed to protect the area and ensure compatibility of nearby uses.
(C) If construction has not begun on the affordable housing project within two years of the issuance of the building permit, then the property will be governed by the entitlements allowed under the property's zoning without the benefit of the preemptive provisions of F.S. § 166.04151, If the underlying zoning is planned unit development (PUD), then the property will revert back to the entitlements under the PUD agreement prior to the enactment of the 2023 Live Local Act amendment to F.S. § 166.04151.
(Ord. 1685, passed 6-29-23)