HomeMy WebLinkAboutZTA200500009 OrdinanceDraft: 08/10/07
ORDINANCE NO. 06 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL
PROVISIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 18, Zoning, Article I, General Regulations, and Article III, District Regulations, is
hereby amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 12.4.3
Low and Moderate Cost Housing
Sec. 13.4.3
Low and Moderate Cost Housing
Sec. 14.4.3
Low and Moderate Cost Housing
Sec. 15.4.3
Low and Moderate Cost Housing
Sec. 16.4.3
Low and Moderate Cost Housing
Sec. 17.4.3
Low and Moderate Cost Housing
Sec. 18.4.3
Low and Moderate Cost Housing
Chapter 18. Zoning
Article I. General Regulations
Sec. 3.1 Definitions
Affordable housing. The term "affordable housing" means safe decent housing where housing
costs do not exceed thirty (30) percent of the gross household income. For pumoses of this
definition. "housing costs" for homeowners are principal, interest, real estate taxes, and
homeowner's insurance (PITI), and for tenants are tenant -paid rent and tenant -paid utilities with
the maximum allowances for utilities being those adopted by the county's housing office for the
Housing and Urban Development housing choice voucher program. For purposes of this
chapter. an "affordable unit" is a dwelling unit that meets the definition of affordable housing.
Article III. District Regulations
Sec. 12.4.3 Low nd moderate eost Affordable housing
For pfevisien ef providing low of moderate ees affordable housing units as � fellows, a
density increase of thirty (30) percent shall be granted, subject to the following:
a. At least thirty «n) pe nt of the number- o funits ,,ehie. able under- gross density
stand fd le °' one -half of the additional housing units allowed by this density bonus
shall be developed as low ^r moderate °^s* affordable housing units_; —and
b. The initial sale price for sale units or the rental rate for a period of at least ten (10)
five (5) years for rental units shall qualify as low °r me to eest affordable housing
under either the Virginia Housing Development Authority, Farmers Home
Draft: 08/10/07
Administration or Housing and Urban Development how
choice voucher program.;; and
c. If rental units, the developer shall enter into an agreement with the County of
Albemarle restricting the rental rates of the low er- fneder- to eest affordable units for
a period of at least ten (10) five (5) years or until the units are sold as low or ,M^a°r-A*°
east affordable units., whichever comes first=--,-and
d. If sale units, the developer shall provide the difeet ^r of planning and eemmunit
development chief of housing with confirmation of the initial sale price for the lei er
,neder- to e affordable units prior to the issuance of building permits for the bonus
units. ; (Amended 8- 14 -85)
e. Mobile Manufactured homes for rent in an approved mobile manufactured home park
shall be considered rental units under this section provided they qualify as lei e
modem*° e affordable housing under the Housing and Urban Development Seetien
$ pr-egr-a housing choice voucher program. ; (Added 3 -5 -86)
f. Mebile Manufactured home lots for rent in an approved febile manufactured home
park shall qualify for this bonus provided the developer shall enters into an agreement
with the County of Albemarle that the lots shall be available for rent to ffiebile
manufactured home owners for a period of at least ten (10) five (5) years_. ; (Added 3-
5-86)
g. Mebile Manufactured home lots for sale in an approved febile manufactured home
subdivision shall qualify for this bonus provided the developer shall restricts the use
of the lots to mobile manufactured homes or other lew er modem*° eest affordable
housing for a period of at least ten (101 five (5) years. (Added 3 -5 -86)
h. The decision to extend the periods beyond the ten (10) year minimum provided in
subsections (b). (c). (f) and (g) shall be in the sole discretion of the developer.
i. The occupancv of the affordable units shall be restricted to those households with
incomes at or below eighty (80) percent of the area median income for for -sale units
and at or below sixty (60) percent of the area median income for rental units. The
chief of housing or his designee must approve all purchasers of for -sale units based
on household income. Prior to issuance of the first certificate of occupancy for a
building providing affordable rental units, the developer shall enter into a rental rate
agreement with the county, approved by the county attorney, that delineates the terms
and conditions pertaining to rental rates. occupancv and reporting during the
minimum ten (10) year period.
Sec. 13.4.3 Low n moderate eost Affordable housing
For Hof providing low ^ ^a °r^*° ees affordable housing units as e follows, a
density increase of thirty (30) percent shall be granted, subject to the following:
2
Draft: 08/10/07
a. At least thif�y (30) per-eent of the nu�er- of units aehievable undef- gross density
standard l° one -half of the additional housing units allowed by this density bonus
shall be developed as low ffiede -a4e ees affordable housing units =—ate
b. The initial sale price for sale units or the rental rate for a period of at least ten ( 101
five (5) years for rental units shall qualify as low or ,,..,,a e eest affordable housing
under either the Virginia Housing Development Authority, Farmers Home
Administration or Housing and Urban Development Seetion 9 program how
choice voucher program.;; aml
c. If rental units, the developer shall enter into an agreement with the County of
Albemarle restricting the rental rates of the low er modem*° eest affordable units for
a period of at least ten (10) five (5) years or until the units are sold as low or mede -a*°
eost affordable units3 whichever comes first.; —ate
d. If sale units, the developer shall provide the air°°*er of -pl ,,, ing and eomtntmit
development chief of housing with confirmation of the initial sale price for the lei e�
modem*° ° affordable units prior to the issuance of building permits for the bonus
units. ; (Amended 8- 14 -85)
e. Mebile Manufactured homes for rent in an approved mobile manufactured home park
shall be considered rental units under this section provided they qualify as low or
moiler -a4e ° affordable housing under the Housing and Urban Development Seetieo
8 r-egram housing choice voucher program. , (Added 3 -5 -86)
f. Mobile Manufactured home lots for rent in an approved mobile manufactured home
park shall qualify for this bonus provided the developer shall enters into an agreement
with the County of Albemarle that the lots shall be available for rent to mobile
manufactured home owners for a period of at least ten (10) five (5) years. ; (Added 3-
5-86)
g. Mobile Manufactured home lots for sale in an approved mobile manufactured home
subdivision shall qualify for this bonus provided the developer &ball restricts the use
of the lots to mobile manufactured homes or other low °r medefate e0st affordable
housing for a period of at least ten (101 five (5) years. (Added 3 -5 -86)
h. The decision to extend the periods beyond the ten (10) year minimum provided in
subsections (b). (c), (f) and (g) shall be in the sole discretion of the developer.
i. The occupancv of the affordable units shall be restricted to those households with
incomes at or below eighty (80) percent of the area median income for for -sale units
and at or below sixty (60) percent of the area median income for rental units. The
chief of housing or his designee must approve all purchasers of for -sale units based
on household income. Prior to issuance of the first certificate of occupancy for a
building providing affordable rental units, the developer shall enter into a rental rate
agreement with the county, approved by the county attorney, that delineates the terms
and conditions pertaining to rental rates. occupancv and reporting during the
minimum ten (10) year period.
3
Draft: 08/10/07
See. 14.4.3 Low nd moderate ^^°* Affordable housing
For provision of providing low ^ ^a °r°+° eos affordable housing units as follows, a
density increase of thirty (30) percent shall be granted, subject to the following.
a. At least ti,iAy «m pe nt of the r m er- °f,mits aehievable ,„de,. gross density
standard le °' one -half of the additional housing units allowed by this density bonus
shall be developed as low °M ffieder to eas affordable housing units ,,—aad
b. The initial sale price for sale units or the rental rate for a period of at least ten ( 101
five -(5) years for rental units shall qualify as low ^r „wide to eest affordable housing
under either the Virginia Housing Development Authority, Farmers Home
Administration or Housing and Urban Development Seefien 9 program how
choice voucher program.;; and—
c.
If rental units, the developer shall enter into an agreement with the County of
Albemarle restricting the rental rates of the low ^r moderate eest affordable units for
a period of at least ten (10) five (5) years or until the units are sold as lew °r
eest affordable units,, whichever comes first.; —ate
d. If sale units, the developer shall provide the aiM°°* °r of planning and eemmtmit �.
development chief of housing with confirmation of the initial sale price for the lei e
metier°*° ° affordable units prior to the issuance of building permits for the bonus
units. ; (Amended 8- 14 -85)
e. Mebile Manufactured homes for rent in an approved mobile manufactured home park
shall be considered rental units under this section provided they qualify as low er
moderate ° affordable housing under the Housing and Urban Development mien
8 pr-egr-am housing choice voucher program. , (Added 3 -5 -86)
f. Mobile Manufactured home lots for rent in an approved mobile manufactured home
park shall qualify for this bonus provided the developer shall enters into an agreement
with the County of Albemarle that the lots shall be available for rent to mobile
manufactured home owners for a period of at least ten (10) five -(5) years. ; (Added 3-
5-86)
g. Mobile Manufactured home lots for sale in an approved mobile manufactured home
subdivision shall qualify for this bonus provided the developer shall restricts the use
of the lots to mobile manufactured homes or other low °r ,wide°*° Best affordable
housing for a period of at least ten (10) five (5) years. (Added 3 -5 -86)
h. The decision to extend the periods beyond the ten (10) year minimum provided in
subsections (b). (c). (f) and (g) shall be in the sole discretion of the developer.
i. The occupancy of the affordable units shall be restricted to those households with
incomes at or below eighty (80) percent of the area median income for for -sale units
and at or below sixty (60) percent of the area median income for rental units. The
chief of housing or his designee must approve all purchasers of for -sale units based
al
Draft: 08/10/07
on household income. Prior to issuance of the first certificate of occupancy for a
building providing affordable rental units, the developer shall enter into a rental rate
agreement with the county, approved by the county attorney, that delineates the terms
and conditions pertaining to rental rates, occupancy and reporting during the
minimum ten (10) year period.
Sec. 15.4.3 Low and moderate cos Affordable housing
For pia providing low of moderate ees affordable housing units as f� mellows, a
density increase of thirty (30) percent shall be granted, subject to the following.
a. At least thirty «m pe nt of the n ,.iber- of units . ehiet,able under- gross density
star afd le °' one -half of the additional housing units allowed by this density bonus
shall be developed as low °r m oderate ees affordable housing units_; —ate
b. The initial sale price for sale units or the rental rate for a period of at least ten (101
five (5) years for rental units shall qualify as low °r moderate eest affordable housing
under either the Virginia Housing Development Authority, Farmers Home
Administration or Housing and Urban Development Seetion 9 program how
choice voucher program.;; awl
c. If rental units, the developer shall enter into an agreement with the County of
Albemarle restricting the rental rates of the low °r moderato eest affordable units for
a period of at least ten (10) &ve (5) years or until the units are sold as low of
eest affordable units,, whichever comes first.
d. If sale units, the developer shall provide the dkeeter of planning and eemintinit
deve opm °r* chief of housing with confirmation of the initial sale price for the low 0r
moderato e affordable units prior to the issuance of building permits for the bonus
units. ; (Amended 8- 14 -85)
e. Mobile Manufactured homes for rent in an approved mobile manufactured home park
shall be considered rental units under this section provided they qualify as lei 0r
meder -a4e e affordable housing under the Housing and Urban Development £ eetion
8 pr-egram housing choice voucher program. , (Added 3 -5 -86)
f. Mobile Manufactured home lots for rent in an approved mobile manufactured home
park shall qualify for this bonus provided the developer shall enters into an agreement
with the County of Albemarle that the lots shall be available for rent to Mobile
manufactured home owners for a period of at least ten (10) five (5) years. ; (Added 3-
5-86)
g. Mobile Manufactured home lots for sale in an approved mobile manufactured home
subdivision shall qualify for this bonus provided the developer shall restricts the use
of the lots to mobile manufactured homes or other low °r moderate eest affordable
housing for a period of at least ten five (5) years. (Added 3 -5 -86)
h. The decision to extend the periods beyond the ten (10) year minimum provided in
subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer.
5
Draft: 08/10/07
i. The occupancy of the affordable units shall be restricted to those households with
incomes at or below eighty (80) percent of the area median income for for -sale units
and at or below sixty (60) percent of the area median income for rental units. The
chief of housing or his designee must approve all purchasers of for -sale units based
on household income. Prior to issuance of the first certificate of occupancy for a
building providing affordable rental units, the developer shall enter into a rental rate
agreement with the county, approved by the county attorney, that delineates the terms
and conditions pertaining to rental rates, occupancy and reporting during the
minimum ten (10) year period.
Sec. 16.4.3 Low n moderate cos Affordable housing
For pfavision ef providing 10W Or moderate eos affordable housing units as f� wilows, a
density increase of thirty (30) percent shall be granted, subject to the following:
a. At least thii4 , «m pe nt of the ff .v,i er- of tin is ,,ehiet able tinder- gross density
+andar- le °' one -half of the additional housing units allowed by this density bonus
shall be developed as low °r moderate ees affordable housing units.-,tend
b. The initial sale price for sale units or the rental rate for a period of at least ten (101
free -(5) years for rental units shall qualify as lew °r moderato eest affordable housing
under either the Virginia Housing Development Authority, Farmers Home
Administration or Housing and Urban Development how
choice voucher program.; aflA
c. If rental units, the developer shall enter into an agreement with the County of
Albemarle restricting the rental rates of the low °r ffie era+° eest affordable units for
a period of at least ten (101 five -(5) years or until the units are sold as 10W °r ,r°a ° *°
eest affordable units} whichever comes first.
d. If sale units, the developer shall provide the air ° ° * °r of plann ing and ° nit
development chief of housing with confirmation of the initial sale price for the low or
moderate cost units prior to the issuance of building permits for the bonus units_
(Amended 8- 14 -85)
e. Mobile Manufactured homes for rent in an approved mobile manufactured home park
shall be considered rental units under this section provided they qualify as low er
fneder- *° ° affordable housing under the Housing and Urban Development £eetien
8 program housing choice voucher program. , (Added 3 -5 -86)
f. Mobile Manufactured home lots for rent in an approved mobile manufactured home
park shall qualify for this bonus provided the developer shall enters into an agreement
with the County of Albemarle that the lots shall be available for rent to mobile
manufactured home owners for a period of at least ten (10) five (5) years. ; (Added 3-
5-86)
g. Mobile Manufactured home lots for sale in an approved mobile manufactured home
subdivision shall qualify for this bonus provided the developer shall restricts the use
Co
Draft: 08/10/07
of the lots to mobile manufactured homes or other low ^r- ,wide 4e eest affordable
housing for a period of at least ten (10) five (5) years. (Added 3 -5 -86)
h. The decision to extend the periods beyond the ten (10) year minimum provided in
subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer.
i. The occupancy of the affordable units shall be restricted to those households with
incomes at or below eighty (80) percent of the area median income for for -sale units
and at or below sixty (60) percent of the area median income for rental units. The
chief of housing or his designee must approve all purchasers of for -sale units based
on household income. Prior to issuance of the first certificate of occupancy for a
building providing affordable rental units, the developer shall enter into a rental rate
agreement with the county, approved by the county attorney, that delineates the terms
and conditions pertaining to rental rates, occupancy and reporting during the
minimum ten (10) year period.
Sec. 17.4.3 Low n moderate eos Affordable housing
For pfevisieo ef providing low °r m °aerate ees affordable housing units as fcr� elle s, a
density increase of thirty (30) percent shall be granted, subject to the following:
a. At least thift-, «m pe nt of the ff , ber- of units ,,ehiet able tinder- ° s density
+andar- '° one -half of the additional housing units allowed by this density bonus
shall be developed as low ^r moderate °^s* affordable housing units.-,t-and
b. The initial sale price for sale units or the rental rate for a period of at least ten ( 101
fWe-(5) years for rental units shall qualify as lew °r moderate Best affordable housing
under either the Virginia Housing Development Authority, Farmers Home
Administration or Housing and Urban Development Seetion 8 program how
choice voucher program.
c. If rental units, the developer shall enter into an agreement with the County of
Albemarle restricting the rental rates of the low ^r moderate Best affordable units for
a period of at least ten (101 five (5) years or until the units are sold as low ^r
eest affordable units whichever comes first.
d. If sale units, the developer shall provide the air ° ° * ^r of pl,,,, ing and ° „it
development chief of housing with confirmation of the initial sale price for the low er
moderate ° affordable units prior to the issuance of building permits for the bonus
units. ; (Amended 8- 14 -85)
e. Mobile Manufactured homes for rent in an approved mobile manufactured home park
shall be considered rental units under this section provided they qualify as Ism er
moderate ° affordable housing under the Housing and Urban Development Seetien
pr-a housing choice voucher program. , (Added 3 -5 -86)
f. Mobile Manufactured home lots for rent in an approved fRobile manufactured home
park shall qualify for this bonus provided the developer shall enters into an agreement
with the County of Albemarle that the lots shall be available for rent to mobile
7
Draft: 08/10/07
manufactured home owners for a period of at least ten five (5) years. ; (Added 3-
5-86)
g. Mobile Manufactured home lots for sale in an approved mobile manufactured home
subdivision shall qualify for this bonus provided the developer shall restricts the use
of the lots to mobile manufactured homes or other low °r moderate e0st affordable
housing for a period of at least ten (10) fWe -(5) years. (Added 3 -5 -86)
h. The decision to extend the periods beyond the ten (10) year minimum provided in
subsections (b). (c). (f) and (g) shall be in the sole discretion of the developer.
i. The occupancy of the affordable units shall be restricted to those households with
incomes at or below eighty (80) percent of the area median income for for -sale units
and at or below sixty (60) percent of the area median income for rental units. The
chief of housing or his designee must approve all purchasers of for -sale units based
on household income. Prior to issuance of the first certificate of occupancy for a
building providing affordable rental units, the developer shall enter into a rental rate
agreement with the county, approved by the county attorney, that delineates the terms
and conditions pertaining to rental rates, occupancy and reporting during the
minimum ten (10) year period.
Sec. 18.4.3 Low n moderate eos Affordable housing
For Vie= providing low ° moderate ees affordable housing units as follows, a
density increase of thirty (30) percent shall be granted, subject to the following:
a. At least thift., «m pe nt of the n tuber of units .,,.h; °s,able , „a°,. gross density
stand Ma l ° one -half of the additional housing units allowed by this density bonus
shall be developed as low °r moiler -ate ees affordable housing units_;;
—aid
b. The initial sale price for sale units or the rental rate for a period of at least ten (10)
five (5) years for rental units shall qualify as low °M meaerate eest affordable housing
under either the Virginia Housing Development Authority, Farmers Home
Administration or Housing and Urban Development Seetion 9 program how
choice voucher program.;;; aml
c. If rental units, the developer shall enter into an agreement with the County of
Albemarle restricting the rental rates of the low °r m°d°ra*° Best affordable units for
a period of at least ten (10) five (5) years or until the units are sold as low or
eost affordable units} whichever comes first.
d. If sale units, the developer shall provide the dif-eeter- of planning and eemm:unit
development chief of housing with confirmation of the initial sale price for the lower
moderate ° affordable units prior to the issuance of building permits for the bonus
units. ; (Amended 8- 14 -85)
e. Mobile Manufactured homes for rent in an approved mobile manufactured home park
shall be considered rental units under this section provided they qualify as low er
Draft: 08/10/07
med°ra*° e affordable housing under the Housing and Urban Development Seetierf
8 pregram housing choice voucher program. , (Added 3 -5 -86)
f. Mobile Manufactured home lots for rent in an approved mobile manufactured home
park shall qualify for this bonus provided the developer sha44 enters into an agreement
with the County of Albemarle that the lots shall be available for rent to mobile
manufactured home owners for a period of at least ten (101€rve -(5) years__ ; (Added 3-
5-86)
g. Mobile Manufactured home lots for sale in an approved mobile manufactured home
subdivision shall qualify for this bonus provided the developer slag restricts the use
of the lots to mobile manufactured homes or other low or moderate eest affordable
housing for a period of at least ten (10) &,e -(5) years. (Added 3 -5 -86)
h. The decision to extend the periods beyond the ten (10) year minimum provided in
subsections (b), (c), (f) and (g) shall be in the sole discretion of the developer.
i. The occupancy of the affordable units shall be restricted to those households with
incomes at or below eighty (80) percent of the area median income for for -sale units
and at or below sixty (60) percent of the area median income for rental units. The
chief of housing or his designee must approve all purchasers of for -sale units based
on household income. Prior to issuance of the first certificate of occupancy for a
building providing affordable rental units, the developer shall enter into a rental rate
agreement with the county, approved by the county attorney, that delineates the terms
and conditions pertaining to rental rates, occupancy and reporting during the
minimum ten (10) year period.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
to , as recorded below, at a regular meeting held on
Ave Nay
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Clerk, Board of County Supervisors
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