Inclusionary and Exclusionary Zoning

1. Overview

According to the National Low Income Housing Coalition, there is a shortage of more than 7 million affordable homes for our nation’s 10.8 million extremely low-income families. Every state and every community is impacted, and this issue has been exacerbated by the COVID-19 pandemic.

The U.S. Department of Housing and Urban Development’s (HUD) January 2021 Comprehensive Market Analysis indicated that homeownership in the Gainesville area is increasingly expensive, and the affordability of buying a home has trended downward since the early 2010s as home prices have increased at a much faster rate than income has increased. Development priorities and decisions that were made more than a half-century ago for Gainesville have resulted in spatially-segregated development patterns, which have led to issues with housing access, affordability, gentrification and displacement.

Currently, the City of Gainesville is working to eliminate zoning codes that exclude attainable housing from high-opportunity neighborhoods, and are requiring new developments to include affordable housing in their projects. These are two powerful housing tools that we can use at a local level to address our local affordable housing crisis.

What is exclusionary zoning? 

Exclusionary land use controls (zoning) are local regulations that:

  1. Directly decrease or limit housing supply in residential areas (strict lot utilization and parcel constraints) 
  2. Increase the cost to build new housing (strict design and compatibility requirements)
  3. Limit the use of existing housing (strict occupancy limitations and mobile home location limitations)

What is inclusionary zoning? 

According to HUD, inclusionary zoning (IZ) practices refer to any kind of policy or ordinance that requires or encourages developers to set aside a certain percentage of housing units in a new or rehabilitated project for low- and/or moderate-income residents. IZ policies help to integrate lower-income residents with higher-income residents so that all have access to the same high-quality services and amenities.

For more information about this issue:

2. Upcoming meetings (as of June 8, 2022):

  • City Commission workshop - June 21
  • City Plan Board - June 23 (continuation of June 6 meeting)
  • City Commission meeting - Aug. 4

3. Commonly Used Housing Terms and Definitions

Affordable Housing

Housing in which the occupant is paying no more than 30 percent of gross income for housing costs, including utilities.

 

Area Median Income (AMI)

To determine whether housing costs or rents are affordable for residents of a certain community, HUD uses the area median income (AMI). In a designated area, half of the population makes more than the AMI, and the other half makes less than the AMI. The median income for a single-person household in the Gainesville, FL MSA is $37,264. HUD designates households to certain income groups based on their income relative to the AMI:

  • Extremely-low income: Below 30 percent of AMI
  • Very-low income: Below 50 percent of AMI
  • Low-income: Below 80 percent of AMI
  • Moderate income: Between 80 and 120 percent of AMI 

Note: All of these levels are adjusted based on how many people are in a household.

 

 

Community Land Trust (CLT)

A CLT is a system of tenure in which the underlying land is owned by a mission-driven entity, usually a nonprofit, and the buildings on the land are owned or leased by residents. CLTs have the explicit goal of promoting affordable housing and contain legal provisions governing ownership and transfer to keep units affordable in perpetuity.

Community Stabilization

People Focus

  • Efforts to create conditions for the restoration of normal social, economic, and political like by contributing to the basic restoration of basic rights, and by promoting social cohesion, functioning state governance, non-violent political processes, effective social policy, livelihoods, and service delivery.

Housing Focus

  • Efforts to acquire and develop abandoned or foreclosed properties to prevent abandonment/blight in defined areas

Continuum of Care

Continuums of Care (CoC) are organizations composed of representatives of nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, etc. A model of CoC should include the following components:

  1. Outreach, intake, and assessment to link housing and services to the needs of those who are homeless.
  2. Services and resources to prevent housed persons from becoming homeless or returning to homelessness.
  3. Emergency sheltering as a safe alternative to living on the streets.
  4. Transitional housing to move persons toward permanent housing solutions.
  5. Permanent housing to end episodes of homelessness.
  6. Supportive services designed to assist the person with necessary skills to secure and retain permanent housing.

Equitable Development

Quality of life outcomes, such as affordable housing, quality education, living wage employment, healthy environments, and transportation are equitably experienced by the people currently living and working in a neighborhood, as well as for new people moving in. 

Public and private investments, programs, and policies in neighborhoods that meet the needs of residents, including communities of color, and reduce racial disparities, taking into account past history and current conditions.

Escheated Properties

Unclaimed or abandoned property that the government has the right to take ownership.

 

Exclusionary Zoning

Exclusionary land use controls (zoning) are local regulations that:

  1. Directly decrease or limit housing supply in residential areas (strict lot utilization and parcel constraints)
  2. Increase the cost to build new housing (strict design and compatibility requirements)
  3. Limit the use of existing housing (strict occupancy limitations and mobile home location limitations)

Fair Market Rent (FMR)

Primarily used to determine payment standard amounts for the Housing Choice Voucher program, to determine initial renewal rents for some expiring project-based Section 8 contracts, to determine initial rents for housing assistance payment contracts in the Moderate Rehabilitation Single Room Occupancy program, and to serve as a rent ceiling in the HOME rental assistance program.

Heirs' Property

Heirs’ property is family owned land that is jointly owned by descendants of a deceased person whose estate did not clear probate. The descendants, or heirs, have the right to use the property, but they do not have a clear or marketable title to the property since the estate issues remain unresolved.

Heritage Overlay

The heritage overlay district is an overlay zoning district that is intended to maintain, protect, conserve and preserve residential areas with a distinct visual identity by regulating development to ensure compatibility with the existing style, character or identity of the district area. This provision in the Land Development Code allows property owners the opportunity to request the city to impose additional regulatory requirements on their residential area in order to help conserve the design and visual characteristics that give the area a distinct identity and a harmonious appearance.

Historic Districts

The City of Gainesville has five local historic districts, protecting more than 1,500 historic structures and 10 buildings listed individually on the Local Register of Historic Places. The Local Register was created as a means of identifying and classifying various sites, buildings, structures, objects and districts as historic and/or architecturally significant.

The National Register of Historic Places is the official list of the nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate and protect America's historic and archaeological resources.

Historic Structures

As identified on the Local or National Register of Historic Places, historic structures have historic or architectural significance. The quality of significance in American history, architecture, archaeology, engineering, and culture is present in a district, site, building, structure, or object when the district, site, building, structure, or object: 

  1. Is associated with events that are significant to our local, state, or national history;
  2. Embodies the distinctive characteristics of a type, period, or method of construction;
  3. Represents the work of a master 
  4. Possesses high artistic values; or
  5. Represents a significant or distinguishable entity whose components lack individual distinction

Housing Trust Funds

Housing Trust Funds are distinct funds established by state, county or other local governments to support the preservation and production of affordable housing. These funds have ongoing dedicated sources of public funding, as opposed to an annual budget allocation.

Inclusionary Zoning (IZ)

According to HUD, inclusionary zoning (IZ) practices refer to any kind of policy or ordinance that requires or encourages developers to set aside a certain percentage of housing units in a new or rehabilitated project for low- and/or moderate-income residents. IZ policies help to integrate lower-income residents with higher-income residents so that all have access to the same high-quality services and amenities.

Low-Income Family

HUD defines as families whose [combined] income does not exceed 80 percent of the median family income for the area.

Low-Income Housing Tax Credit

A tax incentive intended to increase the availability of low-income housing. The program provides an income tax credit to owners of newly constructed or substantially rehabilitated low-income rental housing projects. 

Metropolitan Statistical Area (MSA)

An area with at least one urbanized area of 50,000 or more population, plus adjacent territory that has a high degree of social and economic integration with the core, as measured by commuting ties.

Naturally Occurring Affordable Housing (NOAH)

Residential rental properties that are affordable, but are unsubsidized by any federal program. Their rents are relatively low compared to the regional housing market.

Workforce Housing

Florida Statutes 420.5095 defines the term “workforce housing” as housing affordable to natural persons or families whose total annual household income does not exceed 80 percent of the area median income, adjusted for household size, or 120 percent of area median income, adjusted for household size.