Affordable Housing Ordinances/Flexible Provisions

Many local jurisdictions are adopting codes that promote affordable housing. In many cases, cities and counties are offering bonus densities, fee waivers, streamlined review processes or other incentives to encourage affordable housing provision. In some cases, local jurisdictions are experimenting with alternative and affordable housing types such as cottage housing, accessory dwelling units, small lot development or attached housing. Often, these codes include exemptions or provide for flexibility in applying regulations to help hold down the costs of affordable housing production.

Inclusionary Housing/Bonus Density/Incentives

Some local jurisdictions have adopted inclusionary zoning policies that require or encourage developers to set aside a percentage of the units in housing developments for low- and moderate-income residents. Most inclusionary housing programs offer density bonuses or other incentives to offset the developer’s project costs and compensate for providing affordable units, which may otherwise yield reduced profits. This approach enlists private sector help in contributing to the affordable housing supply, and reduces segregation of affordable and market-rate housing.

• Bainbridge Island (WA) Affordable Housing - (inclusionary requirements & bonus density) Bainbridge Island Municipal Code, Ch. 18.90 & Sec. 18.40.040
• Bellevue (WA) Affordable Housing Program - (density bonus and dimensional flexibility) Bellevue Land Use Code Sec. 20.20.128
• King County Residential Density Incentives (685 KB) - (density bonus) King County Code, Sec. 21A.34 (scroll down to Ch. 21A.34)
• King County, WA Incentive Programs for Developers – Voluntary housing incentive programs including credit enhancement, density bonus program, fee waivers, and surplus property for affordable housing
• Affordable Housing Incentive Programs and Regional Finance Pools, from The Housing Toolkit: Housing Tools and Ideas for Local Jurisdictions, Prepared for King County by Bay Area Economics, 2001 – Describes potential housing incentive programs including regional financing pools for housing development. Through a credit pool, local government agencies can take advantage of economies of scale by sharing the costs of issuing bonds or other debt instruments and securing a lower interest rate
• Kirkland Municipal Code, Title 23, Ch. 112 - Affordable Housing Incentives Multifamily
• Marysville Municipal Code, Ch. 19.26 – Residential Density Incentives
• Redmond (WA) Affordable Housing - (inclusionary requirements and senior housing density bonus) Redmond Community Development Code, Ch. 20D.30
• San Juan County Code, sec.18.30.200(D) and sec.18.60.260
• SeaTac Municipal Code, Ch. 15.24 - Residential and Commercial Density Incentives
• Sequim Ordinance No. 2006-016 ( 301 KB) - Amends provisions relating to affordable housing to create opportunities and incentives for affordable housing in the city, passed 9.06
• Shoreline Municipal Code, sec. 20.40.230
• Snohomish (WA) Low-Income Housing Incentives - (bonus and reduced parking) Snohomish Municipal Code, Ch. 14-285 (9 KB)
• Woodinville Residential Density Incentives, Woodinville Municipal Code, Ch. 21.34

 Out-of-State Programs

• Model Affordable Density Bonus Ordinance, from Model Smart Land Development Regulations, APA
• Model Density Bonus Ordinance, ()California Department of Housing and Community Development
• Selected Materials on Inclusionary Housing Issues, California Department of Housing and Community Development, 2005
• Montgomery County, MD Moderately Priced Dwelling Unit (MPDU) Program
• City of Sacramento, CA A Developer's Guide to the Mixed Income Housing Ordinance
• San Mateo, CA – Below Market Rate (Inclusionary) Housing Program
• Downtown Density Bonus and Attainable Housing Policy: Recommended Comprehensive Plan Amendment, prepared by ERA for City of Sarasota, FL, March 2006
• Teton County (WY) Payment-in-Lieu

Resources

• Overview: Inclusionary Housing, Policy Link
• Inclusionary Housing Resources, Institute for Local Government
• Field Guide to Inclusionary Zoning, by Frederik Heller, National Realtors Association

Innovative Housing Demo Programs

Several communities have established innovative housing demonstration projects or pilot projects to test how well cottage housing and other innovative housing types would address local housing needs and fit into the community. Seattle and Kirkland both used competitive processes and specific criteria to assess and compare the projects before selection. Kirkland’s ordinance, which provides for a kind of interim zoning, is posted on the city’s website.

• Seattle Demonstration Program for Innovative Housing Design - Detached ADUs and Cottages, City of Seattle, June 20, 2003 (Seattle selected a handful of projects from an AIA design competition for the city’s Demonstration Program, including a cottage housing project.)
• Seattle Alternative Housing Choices (includes information on Charlestown, Ravenna, Woodlawn, and Madison cottage housing projects in Seattle  
• Kirkland's Innovative Housing Demonstration Projects (Kirkland, WA used a competitive selection process to determine which projects would be allowed to apply for a process IIB permit as an innovative housing demonstration project.  The Planning Commission and City Council will evaluate several projects developed under interim zoning to help determine whether permanent regulations for Innovative Housing should be adopted by the City and whether any changes to the standards identified in the ordinance are needed)
• Bellingham (WA) Municipal Code, Ch 20.27 - Demonstration Program for Innovative Permanently Affordable Homeownership Projects 

More Efficient Use of Housing/Accessory Dwelling Units 

• Redmond (WA) Rental Rooms - Redmond Community Development Code Ch. 20C.30.80  
• Sumner Accessory Dwelling Units in Single Family Zones - Sumner Municipal Code, Ch. 18.12.030 (A)
• Vancouver (WA) Accessory Dwelling Units - Vancouver Municipal Code, Sec. 20.810
• Accessory Dwelling Units, MRSC Report No. 33, October 1995

Alternative Single Family Zone Development (Higher Density)

• Moxee Cluster Development Standards - (single family attached, zero lot line and single family cottage housing options) Moxee Municipal Code, Sec. 16.35.080
• Portland Zoning Code, Ch. 33.405 Alternative Design Density Overlay Zone and Portland Zoning Code, 33.110.240 Alternative Development Options (Scroll to 33.110.240 duplex on corner lots, zero lot line development and other options to bump density or increase flexibility)
• Redmond (WA) Minimum Required Density - Redmond Community Development Code Ch. 20C.30-25-040
• Everett Small Lot Single Family Dwelling - Everett Zoning Code, Ch. 7.010
• Seattle (WA) Residential Small Lot District - Seattle Municipal Code, Ch. 23.43
• Yelm (WA) Townhouse Development - (density bonus for townhouse development if certain conditions met) Yelm Municipal Code, Ch. 17.61
• Cottage Housing, MRSC Web Page

Waivers of Fees or Standards

• King County (WA) Impact Fee Exemption/Reduction for Low or Moderate Income Housing ( 311kb) scroll to King County Code, Sec. 21A.43.080
• Kirkland (WA) Zoning Code, Sec. 112.20(4) ()relating to fee waivers related to the provision of affordable housing
• Port Townsend (WA) System Development Charge Deferrals for Low-Income Housing - Port Townsend Municipal Code, Sec. 13.03.110
• Puyallup (WA) Building Permit Fee Exemption - Puyallup Municipal Code, Sec. 17.04.110

Tax Exemption

• Bellingham Municipal Code, Ch. 17.82.030
• Kirkland Municipal Code, Ch. 5.88 Multifamily Housing Property Tax Exemption
• Olympia Municipal Code, Ch. 5.86
• Spokane Municipal Code,Ch. 8.15
• Tacoma (WA) Tax Exemption for Multi-family Housing in Target Areas - (ten year property tax exemption) Tacoma Municipal Code, Ch. 13.17 ( 119kb)
• Wenatchee Municipal Code, Ch. 5.88

Pre-Approved Plans for Streamlined Approval

Several west coast cities have initiated programs that reduce the time and cost of the permit process for the developer for certain types of housing, while promoting well-designed housing. These cities offer contractors the opportunity to purchase or use house plans that had been pre-approved by the city. The city has already reviewed plans for conformance with building codes and many other standards. Sacramento, CA offers such “permit ready” plans for infill housing. The Portland, OR program targets housing on narrow lots, and Santa Cruz offers accessory dwelling unit plans. Portland’s plans were developed based on design contest winners.

• Sacramento Pre-Approved House Plans to Speed Redevelopment (Scroll to Sacramento article)
• City Sponsored Infill Plan Program, Sacramento, CA
• Portland Living Smart
• City of Santa Cruz Accessory Dwelling Unit Program - http://www.ci.santa-cruz.ca.us/pl/hcd/ADU/adu.html
  

Regulatory Barriers

• HUD Regulatory Barriers Clearinghouse

Rehabilitation/Maintenance

• King County (WA) Repair and Rehabilitation of Older Housing - King County Code, Title 24 ( 67kb)
• Seattle Downtown Housing Maintenance - Seattle Municipal Code, Ch. 22.220: Section 100

Other Codes

• Bellingham (WA) Co-Housing Regulations - Bellingham Municipal Code, Sec. 20.10.048
• Seattle Tenant Relocation Assistance - Seattle Municipal Code, Ch. 22.210: Section 130
• Vancouver (WA) On site Density Transfer - (transfer gross density of sensitive area to developable area) Vancouver Municipal Code, Ch. 20.940