In April, I introduced SB1537 which was adopted in the 2024 Legislative Session to encourage housing. The law goes into effect on January 1, 2025. Over the next few months, I will cover details of the law. We’ll start with the bill’s mandatory adjustments (variances) to housing development standards. This portion of the law sunsets on January 2, 2032.

The law requires cities to approve up to 10 requested variances to housing development standards if the development meets the following criteria. The application is for a building permit or a quasi-judicial, limited or ministerial land use decision. The development will be new construction on land within the city limits that is zoned for residential use. Housing types may include mixed use, multi-family, middle housing, ADU’s, and manufactured homes.

At least one of the following criteria must also be met. The adjustment will:

  • enable housing that is otherwise not feasible;
  • reduce the sale or rental price;
  • increase the number of housing units;
  • enable accessibility or visit ability features that are otherwise not feasible;
  • have a zero equity, limited equity, or shared equity ownership model or some units are designated as affordable for low-income households.

The kinds of development standards that can be adjusted include side or back setbacks, bicycle parking, lot size, lot coverage, height maximums, unit density maximums, facade, window, roof, garage, and entry materials, and garage door and building orientation. See SB1537 for details on the standards.

Next month, I will discuss the standards that are not included under mandatory variances.

SB1537, Sections 37-43

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Elisabeth Anderson
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