Titusville Ordinance 36-2026: City Council Second Reading on Live Local Act Zoning Standards, October 13

Summary

The Titusville City Council in Brevard County will hold a public hearing on Ordinance No. 36-2026, which would update the city's zoning and land use standards for affordable housing under the Live Local Act. The second reading is on Tuesday, October 13, 2026. The meeting starts at 6:30 p.m. at City Hall.

When and Where

The hearing is item 9.D on the Council's regular meeting agenda. The meeting starts at 6:30 p.m. on Tuesday, October 13, 2026, in the Council Chamber at City Hall, 555 South Washington Avenue, Titusville, FL 32796.

Background

The draft ordinance states that Chapter 2023-17, Laws of Florida, known as the Live Local Act, was approved on March 29, 2023, and took effect on July 1, 2023. The Act amended Section 166.04151, Florida Statutes. The ordinance and staff report say Chapters 2025-172 and 2026-179 later amended the Act and require code updates.

What the Ordinance Would Change

Based on the draft ordinance and staff report in the agenda packet, Ordinance No. 36-2026 would amend Chapter 29, Article VIII, Division 4, "Affordable Housing," Sections 29-144 through 29-147. The staff report says the draft includes new definitions, amends the mixed-use residential development definition, amends the development standards, and includes restrictions in historic districts. Based on the draft ordinance text, the main points include these.

• The city must authorize multifamily and mixed-use residential uses in areas zoned for commercial, industrial, or mixed use, and in portions of flexibly zoned areas such as a planned unit development that permit those uses, when at least 40 percent of the residential units remain affordable rental units for at least 30 years.

• The same authorization applies on property owned by a county, municipality, or school district, and on property more than three acres owned by a religious institution with a house of public worship for at least ten years, regardless of underlying zoning.

• A proposed development that meets the Act and the city's multifamily land development regulations must be administratively approved, with no further City Council action, except that density, floor area ratio, height, and land use follow the Act's rules. Related demolition must also be approved administratively if it otherwise complies with state and local rules.

• Residential density may not be restricted below the highest density currently allowed, or allowed on July 1, 2023, on city land where residential development is allowed, whichever is least restrictive. The checklist resolution states that this density is currently 40 dwelling units per acre.

• Height may not be restricted below the highest currently allowed, or allowed on July 1, 2023, height for a commercial or residential building within one mile, or three stories, whichever is higher. Floor area ratio may not be restricted below 150 percent of the highest currently allowed, or allowed on July 1, 2023, floor area ratio on city land where development is allowed.

• Parking rules are updated to match the amended Live Local Act, including required parking reductions near transit or nearby available parking, and no parking requirements for qualifying mixed-use residential projects in a recognized transit-oriented area.

• Before a building permit, the owner must execute a Land Use Restriction Agreement, recorded in the Brevard County public records before a Certificate of Occupancy. After occupancy, the owner must file an annual tenant compliance report by January 30 each year.

• Applications under the ordinance expire with the Live Local Act. The ordinance takes effect on adoption by the City Council under the City Charter.

The packet also includes a draft checklist resolution with a $1,155 administrative review fee and a $500 compliance monitoring fee. It would sunset on October 1, 2033, unless extended.

Why the City Proposed It

The staff report from Community Development Director Bradley Parrish states that Senate Bill 1730 became law on July 1, 2025, and House Bill 1389 became law on July 1, 2026. Those laws amended the Live Local Act. Staff says the most significant changes address Planned Unit Developments, parcels owned by religious institutions, a new mixed-use definition, historic preservation protections, flexible parking, and a new annual reporting requirement. The report and the business impact estimate say the draft brings the city's affordable housing rules into line with Chapters 2025-172 and 2026-179 of the Laws of Florida.

The Planning and Zoning Commission's Recommendation

On October 7, 2026, the Planning and Zoning Commission recommended approval of the Live Local Ordinance as presented. The agenda and staff report both state that the vote was 5 to 0.

Florida Law Context

Chapter 2025-172 (Senate Bill 1730) took effect July 1, 2025. The Florida Senate summary in the packet says it amends the Live Local Act's zoning and land use rules for affordable housing. It clarifies commercial, industrial, and mixed-use definitions, applies the rules in planned unit developments, clarifies administrative approval, allows height and design limits for certain National Register historic properties, requires related demolition to be approved administratively, requires a 15 percent parking reduction instead of only considering one, and adds annual reporting starting November 1, 2026.

Chapter 2026-179 (House Bill 1389) took effect July 1, 2026. The Senate summary in the packet says it requires authorization of certain affordable housing on county, municipal, or school district property, and on religious institution property of more than three acres with a house of public worship for ten years. It also allows, through July 1, 2030, an assemblage of parcels under common ownership or control separated by no more than 15 feet of land limited to public pedestrian access. The chapter text states the Governor approved it on June 26, 2026. Section 166.04151(7), Florida Statutes, as shown in the packet, is the municipal provision the ordinance implements.

Who It May Affect

The business impact estimate states that it is impossible to predict the number of businesses likely to be impacted. The draft checklist resolution states that Live Local Act land use, zoning, and tax benefits are available to developers and investors of eligible affordable housing projects.

What Happens Next

The staff report lists three options for Council: adopt it as written, adopt it with changes, or not adopt it. The draft ordinance states that it becomes effective upon adoption by the City Council under the City Charter.

How to Take Part

The public hearing is set for 6:30 p.m. on Tuesday, October 13, 2026, in the Council Chamber at City Hall, 555 South Washington Avenue, Titusville, FL 32796. Anyone who wants to be heard can attend.

The agenda states that anyone who plans to appeal a Council decision may need to make sure a verbatim record of the meeting is made. It also asks any physically handicapped person who wants to attend to send a written request to the chairperson at least 48 hours before the meeting.

Official Sources

City Council Regular Meeting Agenda, October 13, 2026

City Council Agenda Packet, October 13, 2026 (item 9.D staff report, draft ordinance, checklist resolution, Chapters 2025-172 and 2026-179, Senate summaries, and business impact estimate)

Meeting page on the city's CivicClerk portal

This post is for general information only and is not legal advice.