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Affordable Housing Incentives

Pinellas County’s Land Development Code allows for certain incentives to the developer of an Affordable Housing Development (AHD). These regulatory and financial incentives encourage private sector builders and developers to produce more affordable housing in Pinellas County

An Affordable Housing Development is defined as a housing development in which at least 20% of the units are affordable to households at or below the applicable Area Median Income (AMI) limits — 60% AMI for rental housing developments and 80% AMI for homeowner housing. Income limits are updated periodically and are available from the Housing and Community Development Department upon request.

Section 138-3211 of the Pinellas County Land Development Code describes the procedure for certification of Affordable Housing Developments (“AHD”), specifies incentives available to developers of AHD’s, and provides for a review process for approval of these incentives.

Affordable Housing Incentives

The incentives listed below are made available by the Board of County Commissioners in order to encourage the development of affordable housing in unincorporated Pinellas County. These incentives are fully described in the Pinellas County Land Development Code.

  • Expedited Permit Processing
  • Review Fee Relief
  • Reduced Parking Requirements
  • Housing in Commercial Zones
  • Donation of Publicly-Owned Land
  • Identifying Qualified Renters or Buyers
  • Density Bonuses
  • Accessory Structures
  • Reduced Setbacks
  • Street Design Modifications
  • Zero Lot Lines

The Housing and Community Development Department administers the AHD certification process, provides relief of review fees and enforces mechanisms to ensure affordability of assisted units and compliance with applicable regulations. The Building and Development Review Services Department processes all requests for modification of development standards.

Owner-Occupied Housing

Builders and developers of affordable homes for sale to income-eligible households may seek expedited permit processing, relief from County review fees and modification of development standards. The price of the home may be restricted. Maximum house prices are determined annually and are available from the Housing and Community Development Department. To be eligible for fee relief, the planned development must be certified as an Affordable Housing Development prior to applying for permits. There can be no waiver of this requirement.

Rental Housing Development

Developers building affordable units for rent to income-eligible households may seek expedited permit processing, relief from County review fees and other incentives provided through modification of development standards. Applicants for fee relief must sign a Land Use Restriction Agreement pledging to rent to eligible households at affordable rents for the period required by the funding source or by local policy. To be eligible for fee relief, the developer must apply for certification of the planned development as an Affordable Housing Development prior to applying for permits. There can be no waiver of this requirement.

Within a rental community, affordable units may not be substantively different from market-rate units in size, amenities or condition. Affordable rents are determined annually and are available from the Housing and Community Development Department. Owners may adjust rental rates as maximum rents change and must give residents at least 30 days’ written notice before increases are implemented. Residents whose incomes increase above program limits are not required to move. However, the next available unit must be rented to an eligible household.

Administrative Procedures

Builders and developers may submit applications for AHD certification to the Housing and Community Development Department at any time. If certified as an AHD, the developer is issued a voucher specifying the time limit on the use of the voucher. The voucher also serves as documentation of AHD certification and is submitted with permit and review applications. The applicant will immediately be entitled to review fee waivers and expedited permit processing.

If a certified AHD is seeking modification of development standards, the developer must provide a concept plan and an explanation of why the requested modifications are needed. The developer must also submit plans and specifications when appropriate. The Development Review Administrator serves as an ombudsman to shepherd the AHD through the review and permitting process and is responsible for coordinating all County review comments, questions and responses. This ombudsman will provide the developer with a single point of contact for all questions regarding the review process.

Certain modifications of development standards are awarded through administrative action. Other modifications require the action of the Board of Adjustment. Development Review Services prepares all recommendations to the Board of Adjustment. Modifications are recommended for approval based on local housing needs and compatibility with the surrounding neighborhood. Staff and the Boards reserve the right to review architectural designs and specifications and, where appropriate, make recommendations that would enhance the development and the neighborhood. If the request for modifications is approved, the developer will be issued a variance or special exception. The developer shall ensure that all housing is constructed and operated in accordance with the plans reviewed and approved by the County.

Section 138-3211 of the Pinellas County Land Development Code

Pinellas County Land Development Code
Section 138-3211
Affordable Housing Development (AHD)

The following is excerpted directly from Section 138-3211 of the Pinellas County Land Development Code.

(a) Purpose. Affordable housing developments (AHDs) may occur throughout the county while ensuring compatibility to the surrounding context and providing certain incentives. The purpose is also to implement the affordable housing goals, objectives, and policies in the Pinellas County Comprehensive Plan.

(b) Applicability. The specific use standards of this section shall be applicable to the development, expansion, and operation of AHDs. Applicable projects shall meet the affordable housing definitions from the State Housing Initiatives Partnership (SHIP) and/or Community Development Block Grant Program (CDBG).

(c) Standards.

(1) Development standards.

a. Affordable housing developments may be constructed/established as a variety of housing types; however, tents, mobile homes constructed prior to June 1994, and recreational vehicles shall not be permitted to be used as affordable housing units under the provisions of this section.

b. The affordable housing developments allowable density shall be based on the underlying future land use map classification and any further limitations per the future land use element of the comprehensive plan.

(2) Incentives. The following incentives may be applied to affordable housing developments to encourage the provision of affordable housing:

a. Affordable housing developments may be granted density bonuses and development standard flexibility as part of the development review process. Bonuses may be granted in accordance with the comprehensive plan and when it is demonstrated that the development will be compatible with the surrounding neighborhood in terms of scale and building character. A density bonus shall not be allowed for affordable housing developments located within the coastal storm area.

b. Lot sizes may be reduced below the district minimum standard when a density bonus is granted to the AHD and it is demonstrated that the development will be compatible with the surrounding neighborhood in terms of scale and character.

c. Setback requirements may be reduced when it is demonstrated that the development will be compatible with the surrounding neighborhood in terms of scale and building character.

d. On-site parking requirements may be reduced to match the projected parking demand for the development. The applicant shall demonstrate through a technical memorandum or similar analysis that a reduction will not cause an adverse impact to the surrounding neighborhoods.

e. An expedited review process may be allowed for affordable housing developments. The county administrator or designee may allow for an expedited review process; however, all public notice requirements shall be applicable. At the applicant’s request, the project site plan review process may occur concurrently to any required Type 2 review.

f. Review fees may be waived for affordable housing developments. The county administrator is authorized to waive all review fees for affordable housing units, except where “bond covenants” (i.e., on water, sewer connection fees) or other legal constrains prevent such waiving.

g. Zero lot line configuration will be permitted in all single-family residential districts as follows:

1. Zero lot line configuration when not located on the periphery of the AHD may be permitted provided no setback is required on one side of the lot and the setback on the opposite side is double on one side of the lot and the setback on the opposite side is double the normal requirement of the district in which the AHD is located.

2. Zero lot line configuration proposed on the periphery of an AHD where located in a single-family residential district may be permitted as a Type 2 use pursuant to article II division 7 of this chapter.

h. Street design. Modification in street layout and design may be permitted subject to site constraints, type and intensity of development and compatibility with surrounding development. The county administrator or his designee may recommend such modifications as deemed appropriate to achieve the intent of this section. However, such recommendation will be in keeping with standard, safe engineering practice and construction standards generally shall not be modified.

i. Donation of publicly owned land. County ordinance 88-47 currently permits donations of escheated property to nonprofit organizations. Using state or federal housing funds, the county may also make deferred payments or low-interest loans to both nonprofits and for-profits for the purchase of property when the use meets the requirements of the funding source.

j. Identifying qualified buyers or renters. Existing sources will be identified and made available to AHDs to provide assistance in locating a qualified pool of eligible home buyers and renters for the affordable units. The housing and community development department will make this information available.

k. Non-conforming mobile home parks may be redeveloped as affordable housing, subject to a Type 2 review, in accordance with section 38-100.

(3) Procedure for obtaining approval of affordable housing developments.

a. The housing and community development department shall determine if the proposed affordable housing development meets the definitional criteria of affordable housing. Such criteria shall be contained in a manual prepared by the housing and community development department and adopted by resolution of the board of county commissioners.

b. The housing and community development department will assist the applicant in seeking fee waiver, subsidies, expedited plan review, and other incentives available to promote the construction of affordable housing if: 1. The housing and community development department determines that the AHD proposal meets these criteria; and 2. The applicant is not requesting a density bonus and/or development standard flexibility.

c. Where the housing and community development department finds that the AHD proposal meets the definitional criteria AND the applicant seeks a density bonus and/or development standard flexibility, refer to article II, Table 138-77—Review Type and Approval, of this chapter for the appropriate approval process.