HB 816: Zoning; by-right multifamily residential development in areas zoned for commercial use.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 5

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. March 4, 2026Defeated by Senate
2. March 4, 2026Engrossed by Senate - committee substitute as amended
3. March 4, 2026Senator Favola Amendments agreed to
4. March 4, 2026Reading of amendments waived
5. March 4, 2026Floor offered Senator Favola Amendments
6. March 4, 2026Local Government Substitute agreed to
7. March 4, 2026Read third time
8. March 3, 2026Passed by for the day Block Vote (Voice Vote)
9. March 3, 2026Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
10. March 3, 2026Rules suspended
11. March 2, 2026Committee substitute printed 26108921D-S1
12. March 2, 2026Reported from Local Government with substitute (9-Y 6-N)

Showing 12 most recent of 29 actions. Full history