Regulatory tools like zoning ordinances and building codes, which govern uses of the land and regulate the building of structures, can form part of a comprehensive affordable housing and climate resilience strategy. For example, in Miami, the city’s strategy to address climate-induced gentrification includes the dedication of $100 million for affordable housing (part of a $400 million general obligation bond that funds municipal infrastructure projects)See footnote 1 and the adoption of inclusionary zoning policies to promote denser development.See footnote 2
An increasingly popular tool for city governments,See footnote 3 inclusionary zoning (IZ) — also called “inclusionary housing” — generates affordable housing through the private market by requiring or incentivizing developers to designate a percentage of units in new housing projects at below-market rate (BMR).See footnote 4 The majority of IZ programs are mandatorySee footnote 5 and required by law for developers to set aside affordable units in exchange for subsidies to the developer that can help offset the cost of producing affordable units to low-income households. By contrast, under voluntary IZ programs, developers provide affordable homes in exchange for density bonuses (the right to build larger and a higher number of units above existing zoning regulations), relaxed design guidelines, reduced property taxes, and other incentives.See footnote 6
Aside from differences in mandatory or voluntary participation, other key distinctions in the design and implementation of local IZ programs may include:See footnote 7
In addition to IZ programs, cities can also incorporate climate resilience measures in zoning ordinances and building codes to increase the flood-resilience of new housing or retrofitted buildings.See footnote 8 For example, ordinances may require increasing the freeboard standard for new construction in a 100-year floodplain, or the use of permeable surfaces surrounding the building to improve stormwater management practices. Zoning ordinances and building codes can also be used to prevent development of housing and other structures in flood-prone areas — for example in the floodplain or in-stream buffer zones — or require structures to be built to higher standards to account for future flood risks from sea-level rise. A 2019 study found that for, every dollar invested in adopting model building codes that include climate resilience, the country could save $11 in future disaster costs.See footnote 9
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Endnotes:
1. The City of Miami, Miami Forever Bond, View Source (last visited July 23, 2020). | Back to contentBack to content
2. Anna Cash et al., Climate Change and Displacement in the U.S. – A Review of the Literature, Urban Displacement Project 25-26 (April 2020), View Source. | Back to contentBack to content
3. Approximately 70 percent of existing inclusionary zoning programs have been created after 2000. As of 2016, IZ laws have been passed in 866 jurisdictions across 25 states and Washington, D.C. Of these programs, approximately 80 percent are located in California, Massachusetts, and New Jersey. Emily Thaden & Ruoniu Wang, Inclusionary Housing in the United States, Lincoln Institute of Land Policy (September 2017), View Source. | Back to contentBack to content
4. The price of BMR units is typically determined by the area median income (AMI). The number of BMR units required under an IZ program differs according to the size of the project — generally, projects with under ten units are exempt from IZ requirements, while an increased number of units would trigger proportionally more requirements. Benjamin Schneider, CityLab University: Inclusionary Zoning, Bloomberg CityLab (July 18, 2018), View Source. | Back to contentBack to content
5. Robert Hickey, Lisa Sturtevant, & Emily Thaden, Achieving Lasting Affordability through Inclusionary Housing 4, Lincoln Institute of Land Policy (2014), View Source. | Back to contentBack to content
6. Katy Miller, Questions to Consider Regarding Inclusionary Zoning Policy, United States Interagency Council on Homelessness (May 17, 2017), View Source. | Back to contentBack to content
7. Stockton Williams et al., The Economics of Inclusionary Development, Urban Land Institute (2016), View Source. | Back to contentBack to content
8. U.S. Envtl. Prot. Agency, Smart Growth Fixes for Climate Adaptation and Resilience (January 2017), View Source. | Back to contentBack to content
9. Natural Hazard Mitigation Saves: 2019 Report, National Institute of Building Sciences (2019), View Source | Back to contentBack to content
10. Kriti Ramakrishnan, Mark Treskon, & Solomon Greene, Inclusionary Zoning: What Does the Research Tell Us about the Effectiveness of Local Action? 4 , Urban Institute (January 2019), View Source. | Back to contentBack to content
11. Robert Hickey, Lisa Sturtevant, & Emily Thaden, Achieving Lasting Affordability through Inclusionary Housing 4, Lincoln Institute of Land Policy (2014), View Source. | Back to contentBack to content
12. Kriti Ramakrishnan, Mark Treskon, & Solomon Greene, Inclusionary Zoning: What Does the Research Tell Us about the Effectiveness of Local Action? 5-6, Urban Institute (January 2019), View Source. | Back to contentBack to content
13. Id. at 6. Back to contentBack to content
14. Id. at 4. Back to contentBack to content
15. Brian Stromberg & Lisa Sturtevant, What Makes Inclusionary Zoning Happen? 3, National Housing Conference (May 2016), View Source. | Back to contentBack to content
16. National Housing Conference, Inclusionary Housing: The Basics, View Source (last visited July 23, 2020). | Back to contentBack to content
17. Joe Cortright, The 0.1 percent solution: Inclusionary zoning’s fatal scale problem, CityCommentary (April 25, 2017), View Source. | Back to contentBack to content
18. Robert Hickey, Lisa Sturtevant, & Emily Thaden, Achieving Lasting Affordability through Inclusionary Housing 4, Lincoln Institute of Land Policy (2014), View Source. | Back to contentBack to content
19. Kriston Capps, Will the Supreme Court Strike Down Inclusionary Zoning?, Bloomberg CityLab (October 4, 2019), View Source. | Back to contentBack to content
20. Benjamin Schneider, CityLab University: Inclusionary Zoning, Bloomberg CityLab (July 18, 2018), View Source. | Back to contentBack to content
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