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Subjects › Housing › Affordable Housing Ordinances
Updated 12/2010

Affordable Housing Ordinances/Flexible Provisions

Contents

Introduction

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 Affordable Housing - Inclusionary requirements & bonus density. Bainbridge Island Municipal Code Ch. 18.90 and Section 18.40.040.
  • Bellevue Affordable Housing Program - Density bonus and dimensional flexibility. Bellevue Land Use Code, Section 20.20.128.
  • Federal Way Zoning Code Ch. 22-976 - Affordable Housing Regulations.
  • King County Residential Density Incentives (Density bonus). King County Code Section 21A.34 (Scroll down to Ch. 21A.34).
  • King County 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.
  • Pierce County Code Ch. 18A.65 - Affordable Housing Incentives.
  • Poulsbo Municipal Code Section 18.60.010(A).
  • Redmond Affordable Housing - Inclusionary requirements and senior housing density bonus. Redmond Community Development Code Ch. 20D.30.
  • San Juan County Code Section 18.30.200(D) and Section 18.60.260.
  • SeaTac Municipal Code Ch. 15.24 - Residential and Commercial Density Incentives.
  • Sequim Ordinance No. 2006-016 (Adobe Acrobat Document) - Amends provisions relating to affordable housing to create opportunities and incentives for affordable housing in the city, passed 09/06.
  • Shoreline Municipal Code Section 20.40.230.
  • Snohomish Low-Income Housing Incentives - Bonus and reduced parking. Snohomish Municipal Code, Ch. 14-285 (Adobe Acrobat Document).
  • Woodinville Residential Density Incentives, Woodinville Municipal Code, Ch. 21.34.
  • The Ins and the Outs: A Policy Guide to Inclusionary and Bonus Housing Programs in Washington, The Housing Partnership, 08/2007. 

Out-of-State Programs

Resources

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.

More Efficient Use of Housing/Accessory Dwelling Units

Alternative Single Family Zone Development (Higher Density)

  • Portland, OR Zoning Code Ch. 33.405 - Alternative Design Density Overlay Zone and Portland Zoning Code Section 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 Minimum Required Density - Redmond Community Development Code Ch. 20C.30.25-040.
  • Everett Small Lot Single Family Dwelling - Everett Zoning Code Section 7.010 - Small lots, duplexes.  
  • Seattle 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 Section 16.35.080.
  • Yelm Townhouse Development - Density bonus for townhouse development if certain conditions met, Yelm Municipal Code Ch. 17.61.
  • Mountlake Terrace Ordinance No. 2480 - Small lot housing, cottage housing, accessory dwelling units, and single family design standards, adopted 05/19/08.
  • Kirkland Municipal Code Section 22.28.042 - Lots - Small lot single-family, and Section 22.28.048 – Lots - Historic preservation.
  • Cottage Housing, MRSC Web Page.

Waivers of Fees or Standards

  • King County Impact Fee Exemption/Reduction for Low or Moderate Income Housing. (Adobe Acrobat Document) Scroll to King County Code Section 21A.43.080.
  • Kirkland Zoning Code Section 112.20(4) - Standards modifications to facilitate the provision of affordable housing.
  • Port Townsend System Development Charge Deferrals for Low-Income Housing - Port Townsend Municipal Code, Section 13.03.110.
  • Puyallup Building Permit Fee Exemption - Puyallup Municipal Code Section 17.04.110.
  • Ephrata Municipal Code Section 13.04.112(g) - Water Connection Fee Waiver for Low-Income Housing, and Sec. 13.08.050 Connection fee (e) Sewer Connection Fee Waiver for Low-Income Housing. 
  • Everett Municipal Code Section 16.72.070 - Waiver of planning fees for low income housing developments.
  • Lakewood Municipal Code Section 18A.50.760 – Fee Reduction – Housing Incentives Program - Building permit and land use fee reduction.
  • Redmond Community Development Code Section 20C.30.70-030(4) – Certain exceptions from multiplex housing requirements for affordable housing.

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 Tax Exemption for Multi-family Housing in Target Areas - Ten year property tax exemption. Tacoma Municipal Code, Ch. 13.17 (Adobe Acrobat Document).
  • 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.

Regulatory Barriers and Permit Streamlining Ordinances and Resources

Other Codes

  • Bellingham Co-Housing Regulations - Bellingham Municipal Code Section 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