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Manatee County, Florida has a Land Development Code containing a number of regulations that impact the development of affordable housing. The county defines affordable to mean a situation where rents or mortgage payments do not exceed 30 percent of income for low-, moderate-, or very low-income households.
Manatee’s standard zoning districts make a number of allowances for affordable housing. The county includes two residential single family manufactured home districts that allow for parks and subdivisions with a maximum density of six dwellings per acre (602.1.3.6 and 602.1.3.11). The entire park or subdivision must be at least 20 acres in size. Manufactured homes are not allowed in any other districts, except for planned developments districts. The county also has two residential duplex districts to encourage two-family development at a maximum of six dwellings per acre (602.1.3.7 and 602.1.3.10).
Chapter 7 contains development standards and their general applicability. The county exempts affordable units from meeting the side yard requirements (702.6.6). Manatee allows one guest house per dwelling (703.2.12). Guest houses are defined as the provision of two or more residential units for non-transient occupancy, without kitchen facilities. Section 703.2.28 permits (and conditionally permits) home occupations, under a number of limitations. Occupations must occur completely within the dwelling, have no outdoor display, up to two nonresidential employees, face traffic restrictions, and other requirements.
Manatee County imposes impact fees under Chapter 8 of the code. The impact fee is determined with application for a building permit. The fee calculation is based upon the mix of uses, unit size (bedrooms), type (single family detached, townhouse, etc.), and projected impact on community services. The county provides a number of exemptions under 803.2. Exemptions include: reconstruction, expansion, and replacements that do not increase the number of bedrooms; replacement of a structure with no increase in size (area); projects where impact fees were already paid; and government and school projects. Also, the code contains a provision outlining that the county may pay any portion of an impact fee that is levied upon affordable developments. (809.7).
Nonconforming uses are covered in Chapter 11. Section 1105.1 allows reconstruction of nonconforming structures, provided that a building permit is secured and reconstruction is started within one year.
Chapter 13 makes provisions for housing opportunities for affordable and workforce residents. The county encourages affordable housing development through the use of developer incentives. The county gives fast-track priority to developments that provide 10 percent or more units as affordable and provides impact and review fee refunds and increments. Density bonuses are available to projects with at least 25 percent of units designated as affordable. The bonus allows the density to be increased to the next highest category, based on a future land use map. The county also encourages affordable transfer of development rights. Chapter 13 also includes an incentive to encourage workforce housing (1303), in the form of fast-track permitting for projects in which 10 percent of the entire project is set aside for workforce housing.
In addition, the code states that for any development that eliminates affordable housing, the developer shall provide replacement stock, pay into the trust fund, provide innovative replacement contributions, or donate land (1304.1).
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