ORDINANCE NO.  07-18(   )

 

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 purposes 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 and moderate cost Affordable housing

 

For provision of providing low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted, subject to the following:

 

a.   At least thirty (30) percent of the number of units achievable under gross density-standard level one-half of the additional housing units allowed by this density bonus shall be developed as low or moderate cost 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 or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing 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 or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate cost affordable units, whichever comes first.; and

 

d.   If sale units, the developer shall provide the director of planning and community development chief of housing with confirmation of the initial sale price for the low or moderate cost 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 or moderate cost affordable housing under the Housing and Urban Development Section 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 of the lots to mobile manufactured homes or other low or moderate cost 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. 13.4.3  Low and moderate cost Affordable housing

 

For provision of providing low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted, subject to the following:

 

a.   At least thirty (30) percent of the number of units achievable under gross density-standard level one-half of the additional housing units allowed by this density bonus shall be developed as low or moderate cost 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 or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing 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 or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate cost affordable units, whichever comes first.; and

 

d.   If sale units, the developer shall provide the director of planning and community development chief of housing with confirmation of the initial sale price for the low or moderate cost 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 or moderate cost affordable housing under the Housing and Urban Development Section 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 of the lots to mobile manufactured homes or other low or moderate cost 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. 14.4.3  Low and moderate cost Affordable housing

 

            For provision of providing low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted, subject to the following:

 

a.   At least thirty (30) percent of the number of units achievable under gross density-standard level one-half of the additional housing units allowed by this density bonus shall be developed as low or moderate cost 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 or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing 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 or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate cost affordable units, whichever comes first.; and

 

d.   If sale units, the developer shall provide the director of planning and community development chief of housing with confirmation of the initial sale price for the low or moderate cost 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 or moderate cost affordable housing under the Housing and Urban Development Section 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 of the lots to mobile manufactured homes or other low or moderate cost 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. 15.4.3  Low and moderate cost Affordable housing

 

For provision of providing low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted, subject to the following:

 

a.   At least thirty (30) percent of the number of units achievable under gross density-standard level one-half of the additional housing units allowed by this density bonus shall be developed as low or moderate cost 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 or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing 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 or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate cost affordable units, whichever comes first.; and

 

d.   If sale units, the developer shall provide the director of planning and community development chief of housing with confirmation of the initial sale price for the low or moderate cost 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 or moderate cost affordable housing under the Housing and Urban Development Section 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 of the lots to mobile manufactured homes or other low or moderate cost 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. 16.4.3  Low and moderate cost Affordable housing

 

For provision of providing low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted, subject to the following:

 

a.   At least thirty (30) percent of the number of units achievable under gross density-standard level one-half of the additional housing units allowed by this density bonus shall be developed as low or moderate cost 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 or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing 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 or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate cost affordable units, whichever comes first.; and

 

d.   If sale units, the developer shall provide the director of planning and community 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 or moderate cost affordable housing under the Housing and Urban Development Section 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 of the lots to mobile manufactured homes or other low or moderate cost 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 and moderate cost Affordable housing

 

For provision of providing low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted, subject to the following:

 

a.   At least thirty (30) percent of the number of units achievable under gross density-standard level one-half of the additional housing units allowed by this density bonus shall be developed as low or moderate cost 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 or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing 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 or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate cost affordable units, whichever comes first.; and

 

d.   If sale units, the developer shall provide the director of planning and community development chief of housing with confirmation of the initial sale price for the low or moderate cost 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 or moderate cost affordable housing under the Housing and Urban Development Section 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 of the lots to mobile manufactured homes or other low or moderate cost 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. 18.4.3  Low and moderate cost Affordable housing

 

For provision of providing low or moderate cost affordable housing units as follows, a density increase of thirty (30) percent shall be granted, subject to the following:

 

a.   At least thirty (30) percent of the number of units achievable under gross density-standard level one-half of the additional housing units allowed by this density bonus shall be developed as low or moderate cost 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 or moderate cost affordable housing under either the Virginia Housing Development Authority, Farmers Home Administration or Housing and Urban Development Section 8 program housing 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 or moderate cost affordable units for a period of at least ten (10) five (5) years or until the units are sold as low or moderate cost affordable units, whichever comes first.; and

 

d.   If sale units, the developer shall provide the director of planning and community development chief of housing with confirmation of the initial sale price for the low or moderate cost 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 or moderate cost affordable housing under the Housing and Urban Development Section 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 of the lots to mobile manufactured homes or other low or moderate cost 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.

 

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