The scope of the regulations set forth in this chapter are the regulations in the Westside Park Affordable Workforce Housing Overlay District. These regulations are as follows:

1.

The existing zoning map and underlying zoning regulations governing all properties within the Westside Park Affordable Workforce Housing Overlay District shall remain in full force and effect. The regulations contained within this chapter shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this chapter shall apply.

2.

The provisions of this chapter shall apply to all residential developments of ten or more new residential rental and/or residential for sale dwelling units in the Westside Park Affordable Workforce Housing Overlay District, except those residential rental developments governed by City Code Section 54-1(c) (publicly-subsidized multi-family residential property), in which case said code section shall govern the provision of affordable housing.

3.

Whenever the following regulations are at variance with historic district regulations of Part 16, Chapter 20, the more stringent regulations shall apply whereas not to impact designated historic structures or buildings.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

Providing a range of affordable housing choices in the Westside Park Affordable Workforce Housing Overlay District is a difficult but vital objective. Housing shortages for persons of various income levels are detrimental to the public health, safety and welfare, causing detrimental transportation, environmental, business and social consequences. Furthermore, the creation of both rental and homeownership housing is desirable, and the use of qualified administrators to administer homeownership units lessens the cost and administrative burden for developers and the public alike. The purpose of this chapter is to increase the availability of housing choices for individuals and families earning at or below 60 percent or at or below 80 percent of the area median income ("AMI") as calculated and published annually by the U.S. Department of Housing and Urban Development for the Atlanta - Sandy Springs - Marietta metropolitan area.

Therefore, city policies that promote these objectives will serve to:

1.

Implement the goals, policies, and objectives contained in the city's comprehensive development plan;

2.

Ensure diverse housing options continue to be available for persons and/or households at or below AMI;

3.

Maintain a balanced community by encouraging the finite supply of developable land to provide housing opportunities appropriate to meet various needs and income levels;

4.

Ensure the availability of housing with better access to jobs in the city and thereby promoting household economic mobility through increased access to MARTA and other public transit;

5.

Improve the opportunity for working people to elevate their economic status;

6.

Encourage the construction of affordable workforce housing by offering zoning incentives for the provision of affordable workforce housing as a portion of residential development to address both existing and anticipated future housing needs in the Westside Park Affordable Workforce Housing Overlay District;

7.

Afford developers of residential development the flexibility to meet the broad objectives of the city's policies to assist in providing a percentage of affordable workforce housing units as a portion of development; and

8.

Provide opportunities to have on-site, privately produced, owned and managed, long-term affordable units.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

As used in this chapter, unless specifically stated otherwise, the following terms shall have the meanings set forth below:

1.

Actively marketed: Applicant shall market the residential rental units and the residential for sale units, respectively, as follows:

(a)

Rental units. Applicant shall coordinate with the City of Atlanta Office of Housing and Community Development or its program designee(s) to locate and place workforce residents in available affordable workforce housing units. If Applicant coordinates in writing and in a commercially reasonable manner with the City of Atlanta Office of Housing and Community Development for a period of 60 days with respect to any affordable workforce housing unit from the completion of such units or the vacation of any such unit by any workforce resident, and despite such coordination, such unit has not been leased to workforce resident then such units shall be counted towards the affordable workforce housing unit requirement if so certified by the City of Atlanta Office of Housing and Community Development.

(b)

Home ownership units. Applicant shall exercise its best efforts, in coordination with the City of Atlanta Office of Housing and Community Development, for a period of six months following the issuance of the certificate of occupancy, to market the units at the levels set forth in section 16-41.004(b) to a qualified administrator as defined in this chapter, unless no qualified administrator can be identified, in which case the applicant may market to income-qualified buyers at the levels set forth in section 16-41.004(b), and provide documentation for approval by the City of Atlanta Office of Housing and Community Development of the proposed buyer's income eligibility prior to the closing. Upon the expiration date of the six-month period, the developer will have a right to sell any remaining units at a market price provided the developer has provided 1) notice to the City of Atlanta Office of Housing and Community Development of the intent to sell workforce owner housing units at market rate, and 2) documentation to support the failure to sell the workforce owner housing units as evidenced by sales offers declined by the developer and/or buyer's requests to terminate sales contracts at the workforce housing maximum prices, or any other documentation satisfactory to the City of Atlanta Office of Housing and Community Development. In the event the developer obtains the right from the City of Atlanta's Office of Housing and Community Development to sell a unit at a market price pursuant to this section, any obligation to the City of Atlanta created by a land use restrictive agreement with respect that particular unit shall be deemed to be extinguished.

2.

Affordable workforce housing unit(s): A residential rental unit in the Westside Park Affordable Workforce Housing Overlay District that complies with the affordability requirement in section 16-41.004(a), or a residential for sale unit in the Westside Park Affordable Workforce Housing Overlay District that complies with the affordability requirement in section 16-41.004(b), as applicable.

3.

Applicant: Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities or affiliated entities and any transferee of all or part of the real property at one location, which after this chapter takes effect develops a total of ten or more new residential rental dwelling units and/or residential for sale units at one location as part of one planned subdivision in the Westside Park Affordable Workforce Housing Overlay District.

4.

At one location: All real property of the Applicant in the Westside Park Affordable Workforce Housing Overlay District if:

a.

Such properties are contiguous at any point;

b.

Such properties are separated only by a public or private right-of-way or utility corridor right-of-way, at any point; or

c.

Such properties are separated only by other real property of the Applicant which is not subject to this chapter at the time of any building permit, site plan, and development or subdivision application by the applicant.

5.

LURA: A land use restrictive agreement between the city and the applicant that shall encumber the property in a manner that will require the development and active marketing of a percentage of residential rental units as affordable workforce housing units.

6.

Land use declaration: A land use restrictive covenant that shall encumber property in a manner that will require the development and active marketing of a percentage of homeownership units as affordable workforce housing units.

7.

Market rate unit(s): A residential rental dwelling unit or a homeownership dwelling unit that is not an affordable workforce housing unit.

8.

Qualified administrator: An organization identified by the City of Atlanta Office of Housing and Community Development demonstrating the necessary capacity to provide long term stewardship of affordable homeownership units by identifying purchasers that meet income requirements, and administering ongoing compliance.

9.

Workforce resident: The person or persons occupying an affordable workforce housing unit earning in the aggregate no more than 80 percent or 120 percent of the AMI for the Atlanta-Sandy Springs-Marietta area, as published by the United States Department of Housing and Urban Development ("HUD") or no more than 80 percent AMI, 60 percent AMI, or 30 percent AMI depending on the applicable affordability requirement below. The published income limits will be adjusted by household size. The income limits and the rent limits, with respect to market rate units, will be adjusted annually according to the HUD published limits.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

(a)

Rental units. All improvement of real property in the Westside Park Affordable Workforce Housing Overlay District, regardless of the number of parcels, upon which ten or more new residential rental dwelling units will be constructed at one location, shall comply with the applicable affordability requirement set forth below. The affordability requirement shall apply for the greater of 20 years from the date of the issuance of the certificate of occupancy; or such longer period from the date of the issuance of the certificate of occupancy, as permitted by state law at the time of the issuance of the building permit. The affordable workforce housing units shall be substantially similar in construction and appearance (e.g., square footage, type and brand of appliances, materials used for countertops, flooring, etc.) to the market rate units, and shall not be in isolated areas in the development, but shall be interspersed among market rate units. The number of bedrooms in the Affordable Workforce Housing Units (e.g. 1 bedroom, 2 bedroom, 3 bedroom) shall be proportionate to the number of bedrooms in the market rate units.

1.

At least 15 percent of the total residential rental units shall be actively marketed for lease to households having an income, as certified by the prospective tenant(s) at the time of execution of the applicable lease agreement, that does not exceed 80 percent of the AMI limits as published by the City of Atlanta Office of Housing and Community Development on an annual basis. The AMI limits will account for household size based on AMI data for the Atlanta-Sandy Springs-Marietta, Georgia HUD Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (not including utilities and mandatory fees) for each affordable workforce housing unit shall not exceed the limits published by the City of Atlanta Office of Housing and Community Development on an annual basis. The rental limits will be based on AMI data published periodically by HUD to ensure that tenant households at 80 percent of the AMI pay no more than 30 percent of their household's monthly gross income, adjusting for the number of bedrooms in the units; or

2.

At least ten percent of the total residential rental units shall be actively marketed for lease to households having an income, as certified by the prospective tenant(s) at the time of execution of the applicable lease agreement, that does not exceed 60 percent of the AMI limits as published by the City of Atlanta Office of Housing and Community Development on an annual basis. The AMI limits will account for household size based on AMI data for the Atlanta-Sandy Springs-Marietta, Georgia HUD Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (not including utilities and mandatory fees) for each affordable workforce housing unit shall not exceed the limits published by the City of Atlanta Office of Housing and Community Development on an annual basis. The rental limits will be based on AMI data published periodically by HUD to ensure that tenant households at 60 percent of the AMI pay no more than 30 percent of their household's monthly gross income, adjusting for the number of bedrooms in the units.

3.

At least five percent of the total residential rental units shall be actively marketed for lease to households having an income, as certified by the prospective tenant(s) at the time of execution of the applicable lease agreement, that does not exceed 30 percent of the AMI limits as published by the City of Atlanta Office of Housing and Community Development on an annual basis. The AMI limits will account for household size based on AMI data for the Atlanta-Sandy Springs-Marietta, Georgia HUD Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (not including utilities and mandatory fees) for each affordable workforce housing unit shall not exceed the limits published by the City of Atlanta Office of Housing and Community Development on an annual basis. The rental limits will be based on AMI data published periodically by HUD to ensure that tenant households at 30 percent of the AMI pay no more than 30 percent of their household's monthly gross income, adjusting for the number of bedrooms in the units.

Units actively marketed for lease in accordance with the terms of the LURA shall be considered in compliance with the requirements of this Chapter 41.

(b)

Homeownership units. All improvement of real property in the Westside Park Affordable Workforce Housing Overlay District, regardless of the number of parcels, upon which ten or more new residential homeownership dwelling units will be constructed at one location, shall comply with the applicable affordability requirement set forth below. The affordability requirement shall apply for the greater of 20 years from the date of the issuance of the certificate of occupancy; or such longer period from the date of the issuance of the certificate of occupancy, as permitted by state law at the time of the issuance of the building permit. The affordable workforce housing units shall be substantially similar in construction and appearance (e.g., square footage, type and brand of appliances, materials used for countertops, flooring, etc.) to the market rate units, and shall not be in isolated areas in the development, but shall be interspersed among market rate units. The number of bedrooms in the affordable workforce home ownership units (e.g. one bedroom, two bedroom, three bedroom, four bedroom or greater) shall be proportionate to the number of bedrooms in the market rate units.

1.

The developer will ensure that at least ten percent of the total dwelling units shall be made available for sale to qualified administrators as defined in this section, or, in the event no qualified administrator can be identified, to households having an income as certified by the buyer or buyer's lender and verified by the City of Atlanta Office of Housing and Community Development that does not exceed either 80 percent of AMI or 120 percent of AMI, as applicable, adjusted for household size, for the Atlanta-Sandy Springs-Marietta Metropolitan Statistical Area published annually by the United States' Department of Housing and Urban Development ("HUD AMI"). The maximum sales price cannot exceed the Workforce Owner Housing Maximums established by the City of Atlanta Office of Housing and Community Development (based on 80 percent and 120 percent of the HUD AMI, respectively), adjusted by household size. The percentage of units at 80 percent of AMI and the percentage of units at 120 percent of AMI shall be equal. In the event there is an odd number of required affordable workforce home ownership units, the developer may choose whether the last unit will be at either 80 percent of AMI or at 120 percent of AMI.

2.

In the event the unit is sold to an income-qualified buyer and not a qualified administrator, the developer will ensure that the affordable workforce home ownership units sold in accordance with this section shall be deed restricted such that only households having an income as certified by the buyer or buyer's lender and verified by the City of Atlanta Office of Housing and Community Development that does not exceed either 80 percent of AMI or 120 percent of AMI, as applicable, adjusted for household size, for the Atlanta-Sandy Springs-Marietta Metropolitan Statistical Area published annually by the United States' Department of Housing and Urban Development ("HUD AMI"), may purchase the unit. The deed restriction shall also indicate the original AMI designation for the unit and establish that the maximum sales price cannot exceed the updated workforce owner housing maximums for the original AMI designation at the time of the sale as established by the City of Atlanta Office of Housing and Community Development (based on 80 percent and 120 percent of the HUD AMI, respectively), adjusted by household size.

Units actively marketed for sale in accordance with the terms of the Land Use Declaration shall be considered to be in compliance with the requirements of this Chapter 41.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

Upon the face of the permit plans, and as a condition of the special administrative permit and/or building permit for improvement of real property subject to the affordability requirement, the applicant shall acknowledge by signature, for itself its successors and assigns on the permit plans, that it will satisfy the requirements of 16.41.004 or 16-41.007 and, unless Applicant acknowledges it will satisfy the requirements of 16.41.007, will certify which floorplans to be built within the property will be the affordable units and the number of units to be designated affordable within each floorplan type.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

Unless Applicant satisfies the requirements of 16-41.007, the following requirements shall apply:

1.

Concurrency. Applicant shall use best efforts to develop affordable workforce housing unit(s) concurrently with market rate units; and

2.

LURA. No temporary or final certificate of occupancy shall be issued until a LURA or land use declaration, as applicable, in the form provided by the city, is recorded in the county real estate records where the property lies and a recorded copy is affixed to the application for certificate of occupancy.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

In lieu of compliance with the on-site affordability requirement, the applicant may elect to pay an in-lieu fee to the city to be deposited into the Westside Park Affordable Workforce Housing In-Lieu Fee Trust Fund prior to issuance of a building permit. In-lieu fees are a public record and calculated yearly to reflect the current market. Rates will be published and made available on the City of Atlanta Department of City Planning website no later than June 1 of each year and will be effective July 1 of that same year. The in-lieu fees for affordable workforce housing units are based on the approximate cost of construction of replacement affordable workforce housing units not built on-site. The in-lieu fees for affordable workforce home ownership units are based on the difference between the average home value for the area and the affordable purchase price for households at 80 percent of AMI for the Atlanta-Sandy Springs-Marietta Metropolitan Statistical Area published annually by the United States' Department of Housing and Urban Development. The in-lieu fee for a rental project shall be equivalent to the total cost per unit in Exhibit C multiplied by 15 percent of the total rental units at the project. The in-lieu fee for a for-sale project shall be equivalent to the applicable in-lieu fee category in Exhibit C multiplied by ten percent of the total for-sale units at the project.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

A development in compliance with the affordability requirement shall be entitled to a 15 percent floor-area ratio increase above the floor-area ratio set by the current zoning for the development ("density bonus"). In the event the Applicant chooses not to use any or all of the density bonus on-site, such density bonus may be severed in the form of development rights, pursuant to the procedures set forth in section 16-28.023 (Transfer of development rights). In the event construction of all or a portion of the density bonus would exceed the maximum floor area ratio set forth in the city's comprehensive development plan, if any, Applicant shall only be entitled to apply for transfer of development rights for such excess portion.

Evidence of a development exercising the density bonus on-site shall be entitled to an increase of the maximum parking requirements of subsection 16-36.020(2), if necessary, but only commensurate with the number of spaces required in accordance with the density bonus granted. Evidence of a development exercising the option to increase the density on-site will only be obligated to comply with the minimum open space requirements set by the underlying zoning district for the development.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

A development in compliance with the affordability requirement shall be entitled to a reduction in the minimum parking requirement set by the underlying zoning district for the development.

1.

Minimum parking for residential uses: There will be no minimum parking requirement for a residential development within the Westside Park Affordable Workforce Housing Overlay District.

2.

Minimum parking for non-residential uses in a mixed residential commercial development: The minimum parking requirement set by the underlying zoning for the development will be reduced by 25 percent.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

1.

Priority application review: A development that will meet the on-site affordability requirement shall be entitled to an expedited administrative review of the special administrative permit ("SAP"). The SAP will be given priority and be reviewed within 21 days.

2.

Major projects meeting: A development in compliance with the on-site affordability requirement shall be given major project status and will be afforded a "major projects meeting" in which representatives from all departments that will review the development for permitting will meet with the applicant to identify potential issues and articulate expectations and requirements for permitting.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

The City of Atlanta's Office of Buildings shall enforce the affordability requirement prior to issuance of the certificate of occupancy. The office of housing and community development shall enforce the affordability requirement after issuance of the certificate of occupancy and oversee compliance of qualified administrators.

1.

Compliance report. Each development shall comply with reporting requirements set forth in the LURA or the land use declaration, as applicable, as described in section 16-41.006.

2.

Non-compliance. No development shall maintain its eligibility for incentives under this chapter unless a valid LURA or land use declaration, as applicable, remains in effect and unless the development continuously meets the affordability requirement during the entire period of the LURA or land use declaration, as applicable. The city may take any other legal remedies allowed under the LURA or land use declaration, as applicable, including but not limited to seeking an injunction to prevent the leasing or sale of units that would cause the project to exceed the number of market rate units to be leased under the LURA or sold under the land use declaration, as applicable.

3.

Enforcement. Violations of the requirements in this chapter shall be subject to the penalties outlined in Atlanta City Code Section 16-30.002.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

The office of housing and community development will provide an update on the program every two years that will include the number of affordable units created pursuant to this chapter, the dollar amount of in lieu fees collected, and the dollar amount of in lieu fees expended.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)

It is declared the intention of the City of Atlanta that the provisions of any part of this chapter are severable. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in the judgment. If a court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, development, building or structure, such judgment shall not affect the application of said provision to any other property, development, building or structure not specifically included in said judgment.

(Ord. No. 2021-15(20-O-1729), § 1(Exh. A), 3-24-21)