Chapter 5 Housing Element

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TABLE OF CONTENTS

Affordable Housing ..................................................................................................................... 2

Housing Programs Awareness .................................................................................................. 7

Equal Housing Opportunities .................................................................................................... 8

Adequate Residential Choices ................................................................................................... 8

Residential Environments ........................................................................................................ 10

Residential Types ....................................................................................................................... 13

Public and Private Partnerships .............................................................................................. 14

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GOALS, OBJECTIVES AND POLICIES

GOAL

TO PRODUCE AND PRESERVE AFFORDABLE HOMEOWNERSHIP AND

MULTIFAMILY HOUSING .TO BENEFIT VERY LOW, LOW AND MODERATE

INCOME RESIDENTS OF BREVARD COUNTY.

Affordable Housing

Objective 1

Brevard County should act within its authority to substantially increase the supply of

affordable housing through implementation of programs that meet the needs of eligible

households . Eligible households are determined by HUD, as adjusted forfamily size.

Policy 1.1

Brevard County has established the following as the definitions of affordable and

workforce housing:

Criteria:

A. Brevard County defines Affordable Housing as a single or multi- family

owner occupied or rental housing unit that has a gross household income

at or below 120% of the Area Median Income (AMI), as adjusted for family

size;

B. Brevard County defines Workforce Housing as a single or multi-family

owner occupied or rental housing unit that has a gross household income

at or below 140% of the Area Median Income (AMI), as adjusted for family

size.

C. Housing costs include: contract rent and utilities; and payment of

principal, interest, taxes and insurance for owner occupied units.

Policy 1.2

Newly constructed dwelling units shall comply with the requirements of the 5

Edition 2014 Florida Building Code as published by the Southern Building Code

Congress International, as amended from time to time.

Policy 1.3

Brevard County should increase the supply of affordable housing within the

County by utilizing the following strategies:

Criteria:

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A. Utilize federal, state, and local sources of funding, when available, to

enable low income families to purchase their first homes through down-

payment assistance, interest buy-downs, and/or other financing.

B. Provide housing counseling assistance to prospective first time

homebuyers.

C. Provide counseling to home owners who are in danger of mortgage

default or who may require special assistance in obtaining other aid, as

funding allows.

D. Ensure that homes purchased through Brevard County Purchase

Asssistance Program are in compliance with applicable building codes or

standards.

E. Encourage mortgage lenders to invest in housing for low and very low

income families.

F. Encourage mortgage lenders to investigate and utilize existing programs,

such as Fannie Mae, for low income homebuyers.

G. Forge public - private partnerships to facilitate a community based first

time homebuyers’ program.

H. Increase developer awareness of federal and state sources of loans and

grants for rental property rehabilitation and construction.

I. Provide technical assistance to owners, developers, and potential

developers of affordable housing.

J. Recruit, identify, and develop partnerships with non-profits to develop

capacity for successful rehabilitation/construction, and management of

affordable units.

K. Review the County’s permitting process on a continual basis and conduct

pre-application meetings with affordable housing developers.

L. Continue to utilize a joint review of development plans at scheduled

meetings to expedite the permitting process.

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M. Establish and maintain the Affordable Housing Council, pursuant to

Florida Statute 420.9076, as part of the process by which each new

proposed regulation will be reviewed for its impact upon housing.

Policy 1.4

Brevard County shall define 'significant economic impact(s)' which result from

regulation, and require each new proposed regulation to be reviewed and evaluated

accordingly. Brevard County shall include the Housing and Human Services

Department, Affordable Housing Council, Planning and Development and other

Departments as needed in the process by which each new proposed regulation will be

reviewed for impact of cost upon housing. The Affordable Housing Council will weigh

that cost impact against the quality of life aspects of the regulations' intent and purpose.

Policy 1.5

The Housing and Human Services Department should focus on the development

and rehabilitation of housing which is affordable to low income households.

Policy 1.6

Brevard County shall identify and establish, as appropriate, a local funding

source to assist in the provision of very low income housing, including housing for

households with special housing needs. This funding source shall be a stable,

consistent and broad-based financial resource.

Criteria:

A. The following funding sources when available should include, but not be

limited to:

1. Public Housing Authorities

2. Community Development Block Grant Program

3. Community Reinvestment Act

4. State Housing Initiatives Partnership (SHIP) Program

5. Rural Development

6. HOME Investment Partnership Program

7. Florida Housing Finance Corporation

8. Brevard County Housing Finance Authority

9. Non-profit Organization

10. Tax Increment Financing

11. Interest on Real Estate Escrow Accounts

12. General Obligation Bonds

13. Housing Finance Authority Reserves

14. Private Investments

15. Tax Credit Program

16. Local Option Sales Tax

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17. Property Tax Relief

Policy 1.7

Identify public or private vacant lands or structures that would be suitable for

the location of housing affordable to very low income households or to meet the needs

of the homeless and identify the funding sources for an acquisition and development

program.

Criteria:

A. Suitable locations should be conveniently located to the essential public

facilities and services, employment centers, shopping, mass transit,

schools, health services, and other community services.

B. Such locations should be residential in character, with a variety of

locations being available throughout the County so as not to cluster this

development in limited locations.

Policy 1.8

Housing and Human Services Department will support and provide input to

entities that provide services to the homeless in order to determine the need for

temporary shelters and transitional housing so as to target available funding to these

areas.

Policy 1.9

As a part of Development of Regional Impact reviews, Chapter 380, F.S., Brevard

County should review these proposals with respect to the impact upon the need for

affordable housing for very low and low income households within the County and East

Central Florida Region.

Policy 1.10

Brevard County encourages Developments of Regional Impact (DRI’s) to

incorporate affordable and workforce housing within the boundaries of the project.

Developers will be encouraged to meet with County staff to discuss opportunities for

including affordable and workforce housing in their project through a Community

Benefits Agreement for the provision of such housing.

Policy 1.11

Brevard County shall continue to encourage the use of the Affordable and

Workforce Housing Incentives sections of the County Land Development Regulations.

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Policy 1.12

The Board of County Commissioners and respective County departments and

agencies recognize that affordable/workforce housing is a vital component of the local

economy and will participate in solution oriented efforts to facilitate, preserve, and

increase affordable and workforce housing inventory.

Policy 1.13

The County, when funding is available, will continue to offer down payment

assistance to very low, low and moderate income homebuyers.

Policy 1.14

The County shall use the existing Housing Trust Fund, and proceeds from Board

of County Commissioners authorized dedicated funding sources, to generate revenues

for the provision of affordable/workforce housing by the private and non-profit sectors.

Policy 1.15

The County shall continue to provide local regulatory incentives through the

State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan and other

programs and opportunities for affordable housing, and eliminate disincentives that

negatively affect housing costs and supply in the private and non-profit sectors,

consistent with state statutes. These incentives shall be annually reviewed by the

Affordable Housing Council, and forwarded with any recommendations to the Board of

County Commissioners.

Policy 1.16

The County shall review its Building Code, Land Development and Zoning

Regulations to identify, modify, or eliminate those regulations and/or procedures that

unnecessarily increase the cost of housing.

Policy 1.17

The County shall analyze the effect impact fees and concurrency will have on

affordable housing and evaluate, if appropriate, methods that could be used to reduce

identified adverse impacts.

Policy 1.18

The County shall further evaluate, and if appropriate adopt, local regulatory

incentives in the Zoning and Land Development Regulations, including, but not

limited to, transfer of development rights, density bonuses, and other similar incentives.

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Policy 1.19

The County shall maintain , develop and review procedures to expedite review

of affordable housing developments and housing for essential employees and special

needs groups within its Land Development Regulations.

Housing Programs Awareness

Objective 2

Brevard County shall increase the public's awareness of housing programs and

activities, especially those which target very low income households through effective

marketing of available programs.

Policy 2.1

The Housing and Human Services Department should maintain a list of the

various housing programs and opportunities that are available from the public and

private sectors and ensure that this information is readily available to the public.

Policy 2.2

A Housing Resource webpage and brochure will be available to provide

information, on the housing assistance programs.

Policy 2.3

The Housing and Human Services Department maintain information on trends

and needs in the housing market to assist the participants in the housing delivery system

in the provision of housing which meets the physical, economic and social needs of the

residents.

Criteria:

A. At a minimum, information should be maintained and distributed on

general housing and population characteristics, housing units by type,

residential building permits by type and general location, housing vacancy

rates, and land use acreage.

B. This information should be updated in coordination with the 5 Year

Consolidation Plan where possible.

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Policy 2.4

The County, when funding is available, shall provide and maintain a

comprehensive and effective education program, using existing programs and

resources, to prepare low-income families for homeownership and long term

affordability. This program should include the following components: homebuyer

education, homebuyer counseling, and mortgage default prevention counseling.

Policy 2.5

The County shall continue to meet quarterly and coordinate County housing

assistance programs with other municipal, regional, State, and Federal programs that

are designed to provide housing opportunities for very low, low and moderate income

groups.

Policy 2.6

Brevard County will encourage, whenever possible, the use of Section 3 certified

and MBE/WBE contractors pursuant to Section 3 of the Housing and Urban

Development Act of 1968 and 24CFR Part 85.36 (e) (1), respectively.

Policy 2.7

Brevard County will affirmatively further fair housing, pursuant to Section

808(e)(5) of the Fair Housing Act (42 U.S.C. 3608(e)(5)).

Equal Housing Opportunities

Objective 3

Brevard County shall seek to achieve a housing market with mechanisms to ensure that

the market is fair and balanced, and provides equal housing opportunity for all

residents of the County.

Policy 3.1

All housing, community development, and redevelopment activities of Brevard

County shall be administered in accordance with Title VIII of the Civil Rights Act of

1968, the Florida Fair Housing Act, Chapter 760.20 – 760.37, F.S., and a local fair housing

ordinance if adopted.

Adequate Residential Choices

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Objective 4

Brevard County shall continue to provide for adequate lands for residential land uses in

a wide variety of housing types, housing price levels, and broad geographic choices to

meet the needs of all existing and anticipated residents in the County.

Policy 4.1

Land development regulations and Comprehensive Plan policies shall continue

to designate adequate lands for residential development which allows for a variety of

housing types, while providing residents with choices in residential locations. The

following criteria shall apply:

Criteria:

A. Land development regulations shall continue to designate lands for

single-family, multi-family and mobile home residential development in a

range of densities consistent with the service sectors, Future Land Use

Map, and this Comprehensive Plan.

B. Land development regulations shall continue to designate lands for

residential development where the public facilities and services are

available at the adopted levels of service in this Comprehensive Plan.

Where public facilities are not available, residential development should

only be permitted at densities which allow for self-sufficiency for water

and sewer service.

C. Land development regulations should continue to provide for a variety of

minimum lot sizes, minimum floor areas, setbacks, and residential land

use mixes that allow for choice in housing types, designs and price levels.

D. Land development regulations shall continue to provide for appropriate

land use relationships to be considered in the review of development

proposals to ensure land use compatibility between residential and

surrounding uses.

Policy 4.2

The Land Development Regulations should allow for housing which is

affordable to very low, low and moderate income households, to be located

conveniently to major employment centers, mass transit corridors, shopping, schools,

health centers, and other community facilities and services.

Policy 4.3

The County shall update, as needed, the location evaluation matrix and needs

analysis methods in the land development regulations to aid in determining favorable

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locations for affordable/workforce housing development and determining eligibility for

funding and incentives. Current mapping resources and programs may be adopted

into the Comprehensive Plan and land development regulations to help evaluate and

guide in the location and development of affordable/workforce housing.

Policy 4.4

The County will study accessory units as a method for use by private families

and individuals in the provision of affordable/workforce housing opportunities and

solutions on their own properties, in areas with established infrastructure. The County

will consider land development regulations and other ordinances as needed that would

regulate their use as permitted by state statute.

Policy 4.5

The County will study and determine the opportunities for the co-location and

joint use of county owned lands and facilities to provide affordable/ workforce housing

and discuss these opportunities with other government agencies in the County.

Policy 4.6

As an incentive and resource the County, before eliminating residential density

on County owned lands, will consider allowing a transfer of a portion of the residential

development rights to an eligible receiver site, or the housing trust fund unit mitigation

bank.

Policy 4.7

The County shall, as needed, utilize the Affordable Housing/Workforce Team ,

per County Ordinance 62-6302(1) to monitor building and demolition permit

applications, and monitor the number of housing units attributable to new construction,

conversions, mobile home replacements and removals. The Affordable

Housing/Workforce Team shall include staff from the following offices and

departments and include, but is not limited to: Land Development, Planning and

Zoning, Natural Resources Management, Housing and Human Services, Traffic

Engineering an Space Coast Transportation Planning Organization (TPO).

Residential Environments

Objective 5

Brevard County shall reduce the degree of substandard housing conditions, improve

residential environments, and ensure for relocation housing or assistance to ensure that

adequate housing and suitable residential neighborhoods are available for all residents

of the County.

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Policy 5.1

A local minimum housing code shall be adopted, enforced and amended as

necessary, to ensure the construction and maintenance of sound, safe and sanitary

housing for the public health, safety and welfare.

Criteria:

A. The Standard Minimum Housing Code shall be adopted as the local

minimum housing code. Amendments may be made to this Code to meet

unique circumstances in its administration in Brevard County.

B. The following codes should also be adopted and enforced, with regard to

housing construction and maintenance, and maintained through adoption

of subsequent revisions:

1. National Electric Code

2. Standard Building Code

3. Standard Plumbing Code

4. Standard Swimming Pool Code

5. Standard Mechanical Code

6. Standard Gas Code

7. Standard Aluminum Code

Policy 5.2

Portions of available funding in compliance with applicable regulations should

be allocated to rehabilitation, reconstruction and/or demolition of residential structures

as well as to the provision, renovation and/or reconstruction of public facilities and

services which target income eligible households and neighborhoods.

Criteria:

A. These funds shall be dedicated to improve the housing conditions and

residential environments of income eligible households and

neighborhoods.

B. Public education measures shall be strengthened through affirmative

outreach efforts to low income households to ensure that the persons or

neighborhoods eligible for such assistance are aware of its availability and

procedures for obtaining such assistance. Public workshops should be

held in areas where these needs are demonstrated.

Policy 5.3

Redevelopment plans supported by Brevard County should provide for a variety

of housing types and price levels, while ensuring that such provisions do not reduce the

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supply of housing which is affordable to very low, low and moderate income

households.

Criteria:

A. Redevelopment plans which will result in the displacement of households

shall make advance written determination of the extent of displacement

and shall provide a relocation plan with strategies for mitigation.

Provisions for notice and hearing should be included.

B. The provisions of the Uniform Relocation Assistance and Real Property

Acquisition Act of 1970, as amended, shall be used to guide mitigation.

Policy 5.4

Residents who are displaced as a result of redevelopment, demolition or other

public projects shall be provided prompt equitable compensation to affected property

owners or assistance in locating comparable relocation housing for displaced tenants.

Criteria:

A. Relocation housing should be comparable to the existing dwelling as

much as possible, with an emphasis on the number of rooms, size of living

space, location to commercial and public facilities and place of

employment, and shall be within the financial means of the displaced

household. Relocation housing shall be a sound, safe and sanitary

dwelling meeting all locally adopted minimum housing codes.

B. Relocation housing or equitable compensation shall be provided prior to

the time displacement occurs.

C. The provisions of the Uniform Relocation Assistance and Real Property

Acquisition Act of 1970, as amended, shall direct the fulfillment of this

policy.

Policy 5.5

In order to assist in the preservation of affordable housing unit inventory, tThe

County may require that solution oriented relocation efforts are made by property

owners, and when needed and as permitted by law, pursue mitigation solutions for the

loss of affordable housing units.

Policy 5.6

The County encourages the use and application of the Affordable and Workforce

Housing Incentives Section of the County Land Development Regulations to aid in

mitigation solutions related to housing displacement.

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Policy 5.7

The County, as needed, will study manufactured housing, mobile home parks

and subdivisions that provide affordable/workforce housing inventory, and will

consider creating solutions to help upgrade these uses while maintaining affordability.

The Affordable/Workforce Housing Team, the Affordable Housing Council and/or

Legal staff will evaluate existing policies and regulations and develop

recommendations and options for consideration by the Board of County

Commissioners.

Policy 5.8

Every five (5) years, The Housing and Human Services Department shall survey

and report affordable housing needs through a 5 Year Consolidated Plan.

Residential Types

Objective 6

Brevard County shall integrate care facilities, group homes, child and adolescent care

facilities, and retirement homes into residential areas of the County, and provide the

opportunity for these facilities to be located in a variety of urban and rural locations.

Policy 6.1

The Group Homes Ordinance of the Land Development Regulations shall

continue to allow for the location of group home facilities in all residential and other

areas of the County as a permitted or conditional use, to ensure that the facility

residents have access to normal residential settings.

Policy 6.2

The Group Homes Ordinance of the Land Development Regulations shall be

reviewed continually to ensure its effectiveness in integrating care facilities, group

homes, child and adolescent care facilities, and retirement homes into a variety of urban

and rural residential locations.

Policy 6.3

The County Code shall continue to require compliance with Chapter 553, Florida

Statutes, which requires special exterior and interior design in the construction of

dwelling units to make them accessible for persons with physical or developmental

disabilities and senior citizens.

Policy 6.4

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The County shall continue to support transitional housing programs and

developments which will enable homeless people to live as independently as possible.

The Board of County Commissioners may utilize at their discretion the reasonable

accommodation standards and procedures and temporary use agreements sections of

the County Code to evaluate and permit transitional and emergency housing facilities.

Public and Private Partnerships

Objective 7

Brevard County shall increase the coordination between the public and private sector

entities involved in the provision of housing, community development, and

redevelopment activities.

Policy 7.1

Brevard County Housing and Human Services Department shall coordinate

with applicable private agencies and assist them in obtaining housing information,

preparing recommendations, and implementing programs and activities that would

target the housing needs for the very low income households.

Policy 7.2

The Planning and Development Department should be responsible for ensuring

the review of housing, community development and redevelopment proposals or

activities for consistency with this Comprehensive Plan.

Policy 7.3

Brevard County should initiate efforts to standardize all building and housing

codes utilized by Brevard County and the municipalities within the County for

efficiency in the development process.

Policy 7.4

Review of amendments to the Housing Element of the Comprehensive Plan will

be conducted by the Affordable Housing/Workforce Housing Team and

representatives of the Affordable Housing Council.