Brookings City Zoning Code
CHAPTER 17
180 WORKFORCE HOUSING
§ 17.180.010 Purpose.
Affordable housing is needed within our community to provide for those individuals and households earning less than the median income as defined by the United States Department of Housing and Urban Development (HUD). The provisions of this chapter are intended to create flexibility, provide developer incentives and provide a means for developing affordable housing.
(Ord. 08-O-620 § 2)
§ 17.180.020 Definitions.
“Accessory dwelling unit (ADU)”
means a separate dwelling unit contained within or detached from a single-family dwelling on a single lot, containing 1,000 square feet or less, excluding any garage area or accessory buildings, and sharing a driveway with the primary dwelling unless from an alley. A recreational vehicle cannot be used as an accessory dwelling unit.
“Accessory dwelling unit occupant”
means the renter of the ADU.
“Affordable ownership unit”
means housing with a mortgage payment that does not exceed 30 percent of the qualifying annual net income.
“Affordable rental unit”
means that the rent charged for the dwelling unit does not exceed 23 percent of the qualifying annual net income.
“Qualifying annual income”
means annual net income that does not exceed 80 percent for ownership and 60 percent for rentals of the area median income as determined by the United States Department of Housing and Urban Development (HUD).
(Ord. 08-O-620 § 2)
§ 17.180.030 Density bonus.
When applying to create a subdivision or planned unit development (PUD), the option of using a density bonus is available based on the following criteria:
Residential developments may devote 20 percent of the proposed lots to affordable housing pursuant to the following requirements:
A.
In the following residential zones: SR, R-1, R-MH, a density bonus for up to 20 percent of the proposed lots would allow a minimum lot area for each dwelling unit of 4,000 square feet. No specific minimum lot width is required.
B.
In the following residential zones: R-2, R-3, a density bonus for up to 20 percent of the proposed lots would allow a minimum lot area of 5,000 square feet for the first two dwelling units and for each additional unit the lot area shall increase by 1,000 square feet. No specific minimum lot width is required.
C.
All other provisions and requirements of the zoning district shall apply.
D.
Any lots created using the density bonus lesser square footage requirement must site a dwelling unit in compliance with one of the following options:
1.
Affordable Housing for Purchase. Dwelling units designated as affordable housing available for purchase shall:
a.
Only be sold to individuals or families whose annual net income does not exceed 80 percent of the area median income as determined by HUD; and
b.
Have a mortgage payment not to exceed 30 percent of the monthly net income as outlined below:
i.
Studio apartment: One-person qualifying monthly income;
ii.
One bedroom: Two-person qualifying monthly income;
iii.
Two bedrooms: Four-person qualifying monthly income;
iv.
Three bedrooms: Six-person qualifying monthly income;
v.
Four bedroom: Seven-person qualifying monthly income; and
c.
Have a deed restriction signed and recorded establishing a period of affordability of not less than 15 years. In no event will a purchaser be required to sell the unit subject to this agreement for less than the purchase price plus any applicable closing costs and realtor fees. If an owner of a dwelling unit subject to this deed restriction decides to rent the unit, subsection (B) of this section is applicable.
2.
Affordable Housing for Rent. Dwelling units designated as affordable housing available for rent shall:
a.
Only be rented to individuals or families whose annual net income does not exceed 60 percent of the area median income as determined by HUD; and
b.
Have the rent charged not exceed 23 percent of the qualifying family net income as outlined below:
i.
Studio apartment: average of the one-and two-person qualifying monthly incomes;
ii.
One bedroom: average of the two-and three-person qualifying monthly incomes;
iii.
Two bedrooms: average of the three-, four-, and five-person qualifying monthly incomes;
iv.
Three bedrooms: average of the four-, five-, six-, and seven-person qualifying monthly incomes;
v.
Four bedrooms: average of the five-, six-, seven-, and eight-person qualifying monthly incomes; and
c.
Have a deed restriction signed and recorded establishing a period of affordability of not less than 15 years.
d.
An annual registration fee, set by resolution of the city council, must be paid and a copy of the current rental agreement provided to the city. Beginning January 1st of each year the city will conduct an annual review of registered affordable rentals to ensure compliance. Properties determined to be noncompliant shall be subject to abatement pursuant to BMC § 8.15.090.
e.
With any change of tenants new qualifying information must be provided to the city.
(Ord. 08-O-620 § 2)
§ 17.180.040 Accessory dwelling unit.
The site plan committee shall authorize an accessory dwelling unit (ADU) only if it is found that all of the following general requirements are and will be met by the applicant:
A.
An ADU may be created within, or detached from, any single-family dwelling, whether existing or new, as an accessory use.
B.
Only one ADU may be created per parcel accessory to the single-family dwelling.
C.
Only the property owner may apply for an ADU.
D.
Repealed by Ord. 21-O-794.
E.
An owner may convert an ADU to another lawful accessory use. If the owner wishes to reconvert the space to a dwelling unit, it may only be used in compliance with the ADU requirements.
F.
Repealed by Ord. 20-O-786.
G.
ADUs shall contain 1,000 square feet or less.
H.
All other applicable standards for the zone, including but not limited to setbacks, must be met with the exception of requiring a garage.
I.
An annual ADU registration fee set by resolution of the city council must be paid. Upon sale of the property, the new owner shall be required to reregister the ADU.
J.
If a garage or detached structure does not currently meet setbacks, it may not be converted to an ADU.
K.
The owner of the property shall pay system development charges (SDC) for the additional dwelling unit and accept full responsibility for sewer and water bills.
L.
Neither the ADU nor the primary dwelling may be used as a short-term rental.
M.
Beginning January 1st of each year the city will conduct an annual review of registered ADUs to ensure compliance. Properties determined to be in noncompliance shall be subject to abatement pursuant to BMC § 8.15.090.
(Ord. 08-O-620 § 2; Ord. 20-O-786 § 2 (Exh. A); Ord. 21-O-794 § 2 (Exh. A))
§ 17.180.050 System development charge (SDC) deferrals.
The city of Brookings will offer SDC deferrals to developers of housing projects that contain affordable units as defined in BMC § 17.180.020 pursuant to the following requirements:
A.
SDC deferrals will be offered for a period of two years at a zero percent interest rate. Developers utilizing this incentive will be required to sign a promissory note and system development charge deferral agreement with the city of Brookings. The SDC deferral agreement must be recorded and a copy provided to the city.
B.
SDCs will be due in full or will need to be financed with the city of Brookings prior to transfer of ownership or at the end of the two-year deferral period.
C.
The rental of a dwelling unit with an SDC deferral must comply with BMC § 17.180.030(D)(2), Affordable Housing for Rent.
(Ord. 08-O-620 § 2)
