20.27.030 - EARNED INCREASED DENSITY CRITERIA
Earned increased density of up to 50% over the otherwise allowable density in the applicable residential zone may be granted to a project if 100% of dwelling units in the project are provided and retained as permanently affordable owner-occupied homes, subject to the following eligibility requirements: A. Project Applicant. 1. The organization has as its purpose the creation and retention of owner-occupied, permanently affordable, income qualified home-ownership. 2. The organization can demonstrate experience in providing affordable housing. Notwithstanding this requirement, an organization that can demonstrate experience in providing housing and a mission statement of its intent to use that experience toward achieving the goal of providing permanently affordable housing shall be deemed to have met this requirement. 3. The organization can demonstrate the ability to employ a mechanism to retain all of the units as permanently affordable to income-qualified buyers as defined by BMC 20.27.020 and which specifically requires that the units be either owner-occupied or vacant. 4. The organization can demonstrate an ability and commitment to submit an annual report to the City Council documenting all residential units, past and pending sales, and ownership by qualified home buyers. B. Single-Family Home Ownership. The project must create single-family residences that are individually owned by their occupants. It must have controls in place, subject to approval by the Planning Director or his/her designee, to ensure that the residences remain owner-occupied. C. Guarantee of Permanent Affordability. The project just have controls in place, subject to approval by the Planning Director or his/her designee, to ensure that the project's single-family residences remain permanently affordable in accordance with the definition of affordable homeownership in BMC 20.27.020. The controls shall include: 1. Continued ownership of the land by the project applicant with the owner occupants of the single-family residences leasing the land back from the project applicant; 2. Purchase/Sale Agreements with the owner/occupants which require that the single-family residences be sold only to qualified purchasers who meet the requirements of BMC 20.27.020; 3. A requirement that the project applicant can only transfer the land to another entity that meets the requirements of subsection A above; or 4. Other methods approved by the Planning Director, or his/her designee, to ensure that the project's single-family residences remain permanently affordable in accordance with the definition of affordable homeownership. D. Project Location. Affordable single family homes developed under this chapter must be located in a residential single family or multi-family zone within the City of Bellingham, except within the Lake Whatcom Watershed. E. Design Review. Single family housing projects receiving earned increased density under this chapter must comply with the design review process and site location criteria for multi-family residential development in BMC Chapter 20.25 to protect, maintain, or enhance neighborhood character and compatibility. F. Request for Regulatory Modification. Project applicants may request modification of the regulatory requirements listed below, provided that the project complies with applicable Washington State laws. Requests for modification must be accompanied by detailed supporting documentation regarding the appropriateness of, and the need for, the modification. Project applicants must meet all other applicable development regulations in the Bellingham Municipal Code pertaining to single family detached or attached houses. Requests for regulatory modification must accompany the preliminary plat, short plat, or lot line adjustment application and must be noted on submitted site plans. 1. Minimum lot size; 2. Minimum street frontage' 3. Minimum front, side, and rear yard setbacks; 4. Minimum parking requirements; 5. Maximum lot coverage; 6. Minimum usable open space; 7. Other regulations to allow demonstration of innovative approaches to permanently affordable home ownership, energy conservation, low-impact development, and stormwater management. G. Recommendation for Regulatory Modification. The Planning and Community Development Director or his/her designee, may issue a recommendation to the Hearing Examiner for modification of regulatory requirements listed in 20.27.030 F. above, for projects applying under this chapter if the Planning Director or his/her designee, determines that approvals of requested regulatory modifications are necessary to facilitate the construction of as many affordable homes as allowable. H. Request for Exemption from Traffic and School Impact Fee and Stormwater Fee. Project applicant may request exemption from the traffic impact fee (TIF) in accordance with BMC 19.06.030 E., the school impact fee in accordance with BMC 19.08.080 A.1.d., and the stormwater fee in accordance with BMC 15.16.040 A. As per RCW 82.02.060(2), exemptions granted for transportation or school impact fees attributable to the development must be paid from public funds other than impact fee accounts. [Ord. 2005-12-093; Ord. 2004-11-080]
