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.
Federal Way Zoning Code, § 22-976 – Affordable Housing Regulations.
King County Residential Density Incentives - (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.
Poulsbo Municipal Code, sec. 18.60.010(A).
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, WA Residential Density Incentives, Woodinville Municipal Code, Ch. 21.34.

Out-of-State Programs

Model Density Bonus Ordinance, ()California Department of Housing and Community Development.
California Coalition for Inclusionary Housing Inclusionary Housing Links to many California local government inclusionary policies and codes, as well as studies and publications about inclusionary housing.
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.
Boulder Revised Code, Ch. 9-13 - Inclusionary Zoning Requirement.
Pleasanton (CA) Municipal Code, Ch. 17.44 - Affordable Housing Ordinance.
San Diego Municipal Code, Art. 2, Div. 13, Inclusionary Affordable Housing Regulations.
Inclusionary Housing: Sample Ordinance by California Institute for Local Self Government.
Inclusionary Housing Bylaw/Ordinance for Towns in Barnstable County, Massachusetts, Cape Cod Commission Model Bylaws and Regulations.

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.

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 Innovative Housing Program – Helpful Links, and Kirkland's Innovative Housing Demonstration Program; An Evaluation Strategy, prepared by Janet Hyde-Wright, February 2006 – Includes evaluation of Kirkland demonstration projects and discussion/lessoned learned from cottage housing and other innovative housing programs in other communities, such as Shoreline, WA.
Bellingham (WA) Municipal Code, Ch 20.27 - Demonstration Program for Innovative Permanently Affordable Homeownership Projects.
Innovative Housing: Housing Opportunities in Redmond, WA - The ordinance provides for a limited number of innovative demonstration projects, such as cottages, small-lot single-family homes, and duplexes.
Innovative Housing, Puget Sound Regional Council – Tour of innovative housing in the central Puget Sound region.
Community Housing Strategies: Market Innovation, Local Choice, The Housing Partnership, November 2005.
The Right Size Home Housing Innovation in Washington, The Housing Partnership, not dated, but includes examples from 2006.

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.
Bellevue Municipal Code, sec. 20.20.120 – Accessory dwelling units.
Everett Municipal Code, sec. 19.39.020(D) - Accessory Dwelling Units.
Enumclaw Municipal Code, Ch. 19.34 - Accessory Dwelling Units.
Sequim Municipal Code, Ch. 18.66 - Accessory Dwelling Units.
Cheney Municipal Code, Ch. 21.67 - Accessory Dwelling Units.
Clark County Code, sec. 40.260.020 - Accessory Dwelling Units.
Franklin County (WA) Zoning Code, sec. 33.5.0 - Accessory Dwelling Units & 33.6.0 - Accessory Dwelling Units – Detached.
Kitsap County Code, sec. 17.381.060(B)(3) - Accessory Dwelling Unit (ADU) & sec. 17.381.060(B)(4) - Accessory Living Quarters.
Accessory Dwelling Units, MRSC Report No. 33, October 1995.
Accessory Dwelling Units Case Study, Department of Housing and Urban Development, June 2008 – Case study of 6 communities that have successfully implemented ADU programs.

Alternative Single Family Zone Development (Higher Density)

Portland (OR) 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, Sec. 7.010 - Small lots, duplexes.
Seattle (WA) Residential Small Lot District - Seattle Municipal Code, Ch. 23.43.
Moxee Cluster Development Standards - (single family attached, zero lot line and single family cottage housing options) Moxee Municipal Code, Sec. 16.35.080.
Yelm (WA) Townhouse Development - (density bonus for townhouse development if certain conditions met) Yelm Municipal Code, Ch. 17.61.
Mountlake Terrace Ordinance No. 2480 re: small lot housing, cottage housing, accessory dwelling units, and single family design standards, adopted May 19. 2008.
Kirkland Municipal Code, sec. 22.28.042 – Lots - Small lot single-family, and sec. 22.28.048 – Lots - Historic preservation.
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.
Bremerton Ordinance No. 4968 creating Bremerton Municipal Code, Ch. 3.78.
Kirkland Municipal Code, Ch. 5.88 Multifamily Housing Property Tax Exemption.
Moses Lake Municipal Code, Ch. 18.23.
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).
Vancouver Municipal Code, Ch. 3.22.
Wenatchee Municipal Code, Ch. 5.88.
Yakima Municipal Code, Ch. 11.63.

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 and Permit Streamlining Ordinances and Resources

Department of Housing and Urban Development (HUD) Regulatory Barriers Clearinghouse.
Relevant Publications (Affordable Housing) Department of Housing and Urban Development Regulatory Barriers Clearinghouse.
Planning Practices and Procedures, MRSC web page includes information about Washington's Regulatory Reform Act, and local code examples.
Governor's Office of Regulatory Assistance, State of Washington - Includes 2008 Local Government Permiting Best Practices Report.
Vancouver and Clark County (WA) Joint Study: Code and Regulatory Barriers to the Living Building Challenge for Sustainable, Affordable, Residential Development Report #1: Findings, and Appendices A – D. Prepared by Cascadia Regional Green Council for City of Vancouver, WA, November 18, 2008.
Guide to More Effective and Efficient Building Regulatory Processes Through Information Technology, U.S. Department of Housing and Urban Development, September 2006.
Best Practices Review – Housing Affordability and Regulatory Barriers, Metro Council, St. Paul, MN, 2006 – List several studies and resources on reducing regulatory barriers, including Twin Cities area study.
Affordable Housing Regulatory Barriers Impact Report, Colorado Department of Local Affairs, 2000.
Getting Home: Overcoming Barriers to Housing in Greater Boston, Rappaport Institute for Greater Boston, John F. Kennedy School of Government, Harvard University, 2003.
Massachussetts Permit Regulatory Office - Includes Best Practices Model for Streamlined Local Permitting.

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.
Seattle Downtown Housing Maintenance - Seattle Municipal Code, Ch. 22.220: Section 100.
Vancouver (WA) On site Density Transfer - (transfer gross density of sensitive area to developable area) Vancouver Municipal Code, Ch. 20.940