Projects requesting density bonuses will be reviewed as part of the subdivision plat, special use, rezoning process, as applicable.

[Amended 6/7/2021 by OA-01-21].

Unless otherwise expressly stated, the bonuses listed in this Article may be combined, provided that the total cumulative density bonus may not exceed the maximum density allowed in the underlying zoning district by more than 35 percent. Bonuses that are in direct conflict with the density guidelines of the Comprehensive Plan are prohibited.

The provisions of this Article are not to be construed as guarantees of achievable density. Developments using density bonus provisions are subject to all other applicable regulations of this ordinance unless otherwise expressly stated. These other regulations or site-specific conditions may prevent full realization of a site's base or bonus density.

Commentary: The density bonus provisions of this Article do not permit transfer of development rights. Density bonuses may only be used on the site that qualifies for bonus density. Density may not be transferred from the subject site to other sites.

The density bonuses achieved under this Article may be used only on the site for which the bonus was granted. Bonus density may not be transferred from the subject site to other sites.

In order to encourage integrated planning of adjoining subdivisions, a density bonus of ten percent will be granted when subdivision applications are submitted jointly for two or more adjoining parcels. The following criteria must be met to qualify for this bonus:

6-20-1

The subdivisions must include an integrated circulation and access pattern covering all parcels;

6-20-2

Each subdivision plat must cover a minimum land area of 25 acres; and

6-20-3

The parcels to be subdivided must have been in separate ownership for at least 24 consecutive months immediately prior to application filing.

6-21-1

Purpose. The density bonus for workforce housing is intended to encourage the provision of housing that serves the region's workforce.

6-21-2

Bonuses. The following density bonuses will be granted to developments in which the developer commits to restricting housing rental or sales prices to the following levels:

(A)

One extra dwelling unit is allowed for each four rental units restricted to occupancy by households with incomes of less than 50 percent of the Wake County median income, as determined by the U.S. Department of Housing and Urban Development (HUD); and

(B)

One extra dwelling unit is allowed for each four sales (ownership) units restricted to occupancy by households with incomes of less than 80 percent of the Wake County median income, as determined by the U.S. Department of Housing and Urban Development (HUD).

6-21-3

Combination with County Financial Incentives. Workforce housing density bonuses are not allowed for housing units that receive direct financial assistance or subsidies from Wake County.

6-21-4

Rental Contracts. Approval of any plans or plats that include bonus density for providing rental workforce housing units may not occur until there is a contract between the property owner and Wake County, which must be binding on future owners of the designated workforce housing lots. The contract must be administered by the Housing and Community Revitalization Division of the Wake County Human Services Department, and include at least the following provisions:

(A)

All rentals must be approved by the Housing and Community Revitalization Division of the Wake County Human Services Department to ensure occupancy by qualifying households in accordance with the following eligibility criteria:

(1)

Family income at the time of occupancy may not exceed the limits set forth in Sec. 6-21-2. Families whose income increases above the eligibility requirements may continue to occupy the rental unit, unless otherwise required through terms of the lease.

(2)

At least one member of a qualifying household must have lived or worked in Wake County for the past 12 months.

(B)

The contract must apply to each of the designated workforce housing units, and continue to affect a particular unit for a minimum period of 15 years after the initial rental of that unit.

(C)

Every change in occupancy during the 15-year term of the contract must be approved by the Housing and Community Revitalization Division of the Wake County Human Services Department to assure continued compliance with eligibility criteria.

(D)

The maximum rent allowed must be computed by multiplying the applicable percentage of median income by HUD's reported Wake County median income at the time of the transaction, then multiplying the resulting value by the maximum percentage of income spent for housing, as recommended by the mortgage banking industry. The value for median income used in calculating maximum allowable rent must be adjusted to reflect the maximum family size appropriate for the number of bedrooms, as determined by the Housing and Community Revitalization Division of the Wake County Human Services Department.

6-21-5

Sales Contracts. Approval of any plans or plats that include bonus density for providing "for-sale" workforce housing units may not occur until there is a contract between the property owner and Wake County, which must be binding on future owners of the designated workforce housing lots. The contract must be administered by the Housing and Community Revitalization Division of the Wake County Human Services Department, and include at least the following provisions:

(A)

All sales and resales must be approved by the Housing and Community Revitalization Division of the Wake County Human Services Department to ensure ownership by qualifying buyers in accordance with the following eligibility criteria:

(1)

Family income at the time of purchase may not exceed the limits set forth in Sec. 6-21-2.

(2)

At least one member of a qualifying household must have lived or worked in Wake County for the past 12 months.

(B)

The contract must apply to each of the designated workforce housing lots, and continue to affect a particular lot for a minimum period of 15 years after the initial sale of that lot.

(C)

Designated workforce housing units may not be occupied prior to their sale to a qualifying buyer.

(D)

The contract must include a schedule by which construction and sale of the reserved units will be accomplished.

(E)

The resale price of any designated workforce housing unit may not, at any time during the life of the contract, exceed maximum sale or resale prices established by the Housing and Community Revitalization Division of the Wake County Human Services Department, in accordance with HUD income guidelines, which take into account interest rates, percentage of annual income allowed for housing, and amount of down payment among other factors.

(F)

Designated workforce housing units must be identified on the record plat.

6-22-1

Mixed-use projects (developments that include residential and nonresidential land uses) within designated multi-use district locations are eligible for density bonuses of up to 20 percent, subject to compliance with the standards of this section.

[Amended on 11/21/2022 by OA-02-22]

6-22-2

Projects for which multi-use district design density bonuses are requested must be located with a mixed-use district and reviewed and approved as a mixed-use development, in accordance with Sec. 3-53.

[Amended on 11/21/2022 by OA-02-22]

6-22-3

In order to approve requested density bonuses, review and approval bodies must determine that the proposed project complies with the multi-use district guidelines from the Comprehensive Plan. This determination must be based on whether the project is in strict compliance with the following plan guidelines:

(A)

Connectivity;

(B)

Multi-use district size and spacing; and

(C)

Collaborative Design Process if the project is proposed in a future municipal multi-use district.

[Amended on 11/21/2022 by OA-02-22]

Developments that set aside more than 65 percent of a subdivision's total land area as permanent open space will receive a 20 percent density bonus. In order to receive this density bonus, the subdivision must be more than 25 acres in area and all lots within the subdivision must be served by a community wastewater system or municipal sewer.

[OA 05-01 June 6, 2005]