Townhouses at 43rd and Summit streets in Lawrenceville beside the Holy Family Church on Monday, Sept. 16, 2024. The development includes five inclusionary units. (Photo by Stephanie Strasburg/PublicSource)
Mayor Ed Gainey and City Councilor Bob Charland have proposed conflicting approaches to inclusionary zoning, a tool for encouraging affordable housing. Confused? Here’s the breakdown as the Planning Commission prepares to vote.
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In September, Mayor Ed Gainey announced his inclusionary zoning expansion plans and in December the commission shelved those plans until the new year. Also in December, City Councilor Bob Charland drew up an alternative IZ bill.
Here are the basics on IZ, and on the proposals before the commission.
What is inclusionary zoning?
Inclusionary zoning is a mechanism that can be used to require developers of new housing to set aside units for households making less than the area median income.
Where and when was it pioneered?
While inclusionary zoning is a relatively new concept for the Pittsburgh area, the underlying policies have a long history in the country, according to the U.S. Department of Housing and Urban Development. The department traces the beginning of this history to the Moderate Priced Dwelling Unit program established in Montgomery County, Maryland in 1972.
How widespread is IZ?
Counts vary. Inclusionary housing policies have been used in more than 800 American cities since the 1970s, according to the National League of Cities. And the Grounded Solutions Network found that 31 states and the District of Columbia had 1,019 inclusionary housing programs.
What’s the history of IZ in Pittsburgh?
A pilot program that began in Lawrenceville in 2019 gave Pittsburgh its first look at inclusionary zoning, after the city’s Affordable Housing Task Force recommended the policy.
The zoning overlay is currently in place in Lawrenceville, Bloomfield, Polish Hill and the majority of Oakland, but is also the subject of a lawsuit filed by the Builders Association of Metropolitan Pittsburgh, which opposes the rules. The affordability requirement applies to projects including 20 or more dwelling units, exempting dormitories.
What is the City Planning Commission’s role?
The City Planning Commission serves as a clearinghouse for zoning changes in Pittsburgh.
A positive recommendation from the commission holds a lot of weight in City Council. A bill that comes before council with a positive recommendation only needs five out of nine councilors to vote in favor in order to pass. Without a positive recommendation, a bill needs a supermajority of seven out of nine councilors. It’s unclear what would happen if the City Planning Commission made no decision.
Who ultimately decides the IZ details for Pittsburgh?
After the City Planning Commission weighs in on both inclusionary zoning proposals, the matter will ultimately be decided by City Council and finally the mayor, who can sign or veto legislation.
What other proposed policies are tied to IZ in Mayor Ed Gainey’s platform?
The Gainey administration is also seeking positive recommendations from the commission on:
- Allowing accessory dwelling units, also referred to as granny flats
- Removing minimum lot sizes for new construction and parking requirements while adding bicycle space
- Transit- oriented development zones around three hubs: Herron Station, South Hills Junction and Sheraden Station.
How is affordability calculated?
Inclusionary zoning requires that some units be priced to fit the budgets of households with earnings below certain percentages of the area median income [AMI], which in Allegheny County is around $57,000 for a single individual and around $81,000 for a family of four.
What are the details of the proposals coming before the City Planning Commission?
Pittsburgh Mayor Ed Gainey and City Councilor Bob Charland have authored different takes on inclusionary zoning — a tool for requiring that developers include affordable housing in significant new residential developments. Here are key provisions of both proposals.
| Proposal introduced on … | Sept. 5 | Dec. 3 |
|---|---|---|
| First introduced to … | City Planning Commission | Pittsburgh City Council |
| Neighborhoods covered would include … | All city neighborhoods | Neighborhoods that opt in, following a council vote |
| Covers developments with … | New construction or substantial improvement to a building with 20 or more units | Same |
| Requires affordability in … | 10% of units | 20% of units, but includes several bands of affordability |
| Defines affordability as … | Affordable to households earning up to 50% of AMI | Affordable to households in various income bands ranging from 50% to 99% of AMI |
| Requires affordability for … | Life of the structure as long as it’s used for housing | 20 years |
| Developer exemptions? | Developers cannot get exemptions. | A developer may choose to pay a fee of as much as $50,000 per unit in lieu of creating the required number of inclusionary units. |
| Is the city required to help with financing? | No | The city and its agencies must fill financial gaps resulting from required, inclusionary units. |
| Sweetens the pot by … | Giving developers the right to increase the height of buildings with affordable units. | Same, but bigger height increases. |
| Exempts … | Dormitories, fraternity and sorority houses | Same |
| Full text can be found … | https://www.documentcloud.org/documents/25502882-draft-for-mayor-gaineys-citywide-inclusionary-zoning/ | https://www.documentcloud.org/documents/25502754-cm-charlands-inclusionary-zoning-text/ |
The commission may begin hearing presentations, by Department of City Planning staff, as early as 2 p.m. Tuesday, followed by public testimony and potential commission votes. Members of the public can email correspondence for commission consideration to planningcommission@pittsburghpa.gov, attend and testify in-person at 412 Boulevard of the Allies or attend virtually via Zoom.
Eric Jankiewicz is PublicSource’s economic development reporter and can be reached at ericj@publicsource.org or on Twitter @ericjankiewicz.
This article first appeared on PublicSource and is republished here under a Creative Commons license.
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