Table of Contents

Green Building

The county’s code of ordinances includes a property tax credit for “high performance buildings” which are based on the Leadership in Energy and Environmental Design (LEED) certification system. It identifies the Silver, Gold, and Platinum levels of the LEED-Core and Shell, -Existing Building, and -New Construction (LEED-CS,EB,NC) as eligible for a range of credit amounts (§52-103). 

Inclusionary Housing

The county's zoning code addresses inclusionary housing through its chapter on moderately priced housing, last updated in 2016 (§25A-1 et seq.). The ordinance begins with sections on legislative findings and public policy. It lists definitions and establishes income and eligibility standards for the Moderately Priced Dwelling Unit (MPDU) program. The affordability control period is 30 years for sale units and 99 years for rental units.

Inclusionary requirements apply to projects of 20 or more dwelling units; a written MPDU agreement is required for approval of a building permit. The percentage of MPDUs required varies from 12.5 to 15 percent and depends on the amount of density bonus granted to the project. Compliance flexibility is provided for projects of less than 50 units.

The code allows for alternative compliance of a payment to the Housing Initiative Fund or off-site construction of the required MPDUs. It establishes requirements for setting maximum prices and rents for units and administering sales and rentals.

The county’s Moderately Priced Dwelling Unit (MPDU) Program website provides additional documentation on program administration for owners, developers, applicants, landlords, and lenders/real estate professionals.

Short-Term Residential Rentals

The county’s zoning ordinance addresses short-term residential rental uses. Short-term residential rentals are a limited use in all of the county’s zoning districts except industrial districts (§3.1.6).

The zoning code defines short-term residential rental and provides use standards, which address eligible properties, maximum annual rental days based on owner/operator presence, license requirement, maximum occupancy, and parking.

The county code includes annual licensing regulations for short-term residential rentals (§54-42–49).

The county’s code of regulations sets a $150 fee for short-term residential rentals (§54.00.01.01).

Transfer of Development Rights

The county’s codified ordinances authorize transfer of development rights (TDR) for agricultural preservation and for an increase in maximum residential density. TDR standards address the option to use the tool within an agricultural reserve overlay zone (§4.2.1), and the methodology and development standards for the transferable development rights overlay zone (§4.9.18).

Zoning Reform and Code Writing

The county adopted a new zoning code in 2014 (Chapter 59). It includes a mix of use-based and form-based zoning standards. It defines and regulates uses based on broad categories, with select specific use types, and includes use-specific standards to minimize reliance on discretionary use permits. And it establishes permissible building types for each zoning district. It is richly illustrated and uses tables to organize use permissions and dimensional standards.

Its purpose statements address controlling street congestion; promoting health, public safety, and general welfare; providing adequate light and air; promoting the conservation of natural resources; preventing environmental pollution; avoiding an undue concentration of population; and facilitating adequate public facilities (§59-1.2.1).