City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 17C
Chapter 17C.111
Section 17C.111.225
 

Title 17C Land Use Standards

Chapter 17C.111 Residential Zones

Section 17C.111.225 Development Bonuses
  1. Purpose.

This section implements development bonuses on property that meets certain criteria. The provisions for Religious Organizations are given to meet the requirements of RCW 36.70A.545 for bonuses on property owned by a Religious Organization.

  1. Bonus.

For lots qualifying for the standards of this section, development standards listed in Table 17C.111.205-3 shall apply.

  1. Requirements.

Any one of the following conditions shall qualify a property for the bonuses in this section:

    1. Transit.

The property is within one half mile of a major transit stop, as defined in SMC 17A.020.130.

    1. Center & Corridor.

The property is within one half mile of a Center & Corridor Zone.

    1. Religious Organization.

The property is owned by a Religious Organization as defined in SMC 17A.020.180 and the property meets the affordability requirements in subsection (D) of this section.

    1. Affordable Units.

The property meets the affordability requirements in subsection (D) of this section.

  1. Affordability.

A development shall satisfy the affordability standards of this section if it meets the requirements of one of the following programs for affordable housing:

    1. State or Federal Funding.

A development receiving funding through state or federal programs for affordable housing shall meet the affordability standards of this section.

    1. Multiple-Family Housing Property Tax Exemption.

A development that qualifies for the twenty (20) year exemption under the Multiple-Family Housing Property Tax Exemption pursuant to SMC 08.15.090 shall meet the affordability standards of this section.

    1. Sales and Use Tax Deferral Program for Affordable Housing.

A development that qualifies for the Sales and Use Tax Deferral Program for Affordable Housing under SMC 08.07D shall meet the affordability standards of this section.

    1. Other Affordability Programs.

A development that doesn’t match the above programs shall satisfy the affordability standards of this section if it includes the following characteristics:

    1. Percentage of Affordable Units.

At least 25 percent of the units shall be dedicated as affordable for low-income households, as defined in SMC 17A.020.010. When the calculation results in a fraction the number of units shall be rounded up to the next whole number.

    1. Rental.

Designated affordable units made available for rent shall be rented at a rate that is affordable to low-income households.

    1. Sale.

The initial sale of an affordable unit upon completion of construction shall not exceed a purchase price that is affordable to a low-income household. Upon completion of an affordable unit and prior to the initial sale, the property owner shall file with the City a report indicating the unit will be purchased by a qualifying low-income household. The Planning Director shall establish a standard form for this purpose and include such information as is deemed necessary or useful.

    1. Deed Restriction.

The applicant must record a covenant or deed restriction with the county auditor’s office identifying the units subject to these affordability requirements. The deed restriction shall include a definition for low-income household consistent with the definition in SMC 17A.020.010. The deed restriction shall make provision for the following:

  1. These affordability requirements shall be in effect for at least forty (40) years from the time of filing; and
  1. Rental rates for affordable units shall not exceed levels that are affordable to a low-income household; and
  1. The initial sale of units from a developer to an owner-occupant shall not exceed a purchase price that is affordable to a low-income household. Subsequent purchases are not subject to a price restriction.
    1. Size.

The units dedicated as affordable shall be no smaller in size than the smallest market rate unit in the development.

    1. Number of Bedrooms.

The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development.

    1. Distribution.

The affordable units shall be distributed throughout the development.

    1. Functionality.

The affordable units shall have the same functionality as the other units in the development.

Date Passed: Monday, November 20, 2023

Effective Date: Monday, January 1, 2024

ORD C36459 Section 16