The affordable dwelling unit program is established to assist in the provision of housing to persons of low and moderate income by promoting: the development of a full range of housing choices; and the construction and continued existence of dwelling units which are affordable for purchase by households whose income is at least 50 percent and no more than 80 percent and affordable for rental by households whose income is no more than 60 percent of the median income for the Washington Primary Metropolitan Statistical Area (PMSA). The following preferences shall apply in establishing the order of priority for program participants:

(1)

Seniors and persons with disabilities who live in the city;

(2)

Nonseniors who live in the city;

(3)

Seniors and persons with disabilities who work for the city or schools;

(4)

Nonseniors who work for the city or schools;

(5)

Seniors and persons with disabilities who work in the city;

(6)

Nonseniors who work in the city;

(7)

Seniors and persons with disabilities who do not live in the city; and

(8)

Nonseniors who do not live in the city.

Additional guidelines for the administration and regulation of this program are contained in the document titled, Affordable Dwelling Unit Program—Official Administrative Procedures and Regulations.

(Code 1982, § 38-43(a); Ord. No. 1710, 10-22-2001)

The affordable dwelling unit program may apply to any site, or portion thereof, at one location which is the subject of an application for rezoning, special exception, site plan, or subdivision; which proposes the construction of residential dwelling units; and which is located in the R-C, R-M, R-TH, T-1, or M-1 zoning districts; in the B-1, B-2, and B-3 zoning districts only through the special exception process; and/or in any mixed-use redevelopment (MUR) designated areas. The following density bonus provision and/or fee deferral is applicable only once during the development process, for example, at the time of rezoning or special exception or site plan or subdivision.

(Code 1982, § 38-43(b); Ord. No. 1710, 10-22-2001)

One or a combination of the following options, subsection (1) and/or (2) of this section, is available to applicants of residential development projects who choose to participate in the affordable dwelling unit program:

(1)

Rezoning, special exception, site plan, or subdivision applicants may incorporate a maximum of a 20 percent increase in the allowed density of the residential component of a proposed project, including the required number of affordable dwelling units, in exchange for incorporating a minimum of 12½ percent of the total proposed residential units as affordable dwelling units. Allowed density refers to that density that is defined within either the underlying zoning district regulations or within the mixed-use redevelopment (MUR) zoning option as defined by article V, division 5 of this chapter. This residential density bonus may also be applied at less than 20 percent in exchange for a lesser percentage of affordable dwelling units. See subsection (3)a of this section for the sliding scale. In addition to a residential density bonus, applicants who include the construction of affordable dwelling units in a project are eligible, on a sliding scale, for development fee deferrals for that project. See subsection (3)b of this section for this sliding scale.

(2)

Rezoning, special exception, site plan, or subdivision applicants may incorporate a maximum of a 20 percent increase in the allowed density of the residential component of a proposed project, including the required number of affordable dwelling units, in exchange for a cash contribution to the city Affordable Housing Fund. In the event that the cash in lieu of units option is chosen by the applicant, the amount of such contribution shall be equal to 100 percent of the cost of land and the cost of constructing the total number of required affordable dwelling units, that are displayed in the sliding scale in subsection (3)a of this section. The decision to pay cash in lieu of providing the units shall be made at the time of approval of the rezoning, special exception, site plan, or preliminary subdivision (by right), as applicable. Such cash must be paid prior to the issuance of the first building permit. All cash shall be calculated in terms of current dollars, adjusted by the Consumer Price Index, at the time the actual contribution is officially transferred to the city. In the event that an applicant chooses to provide a combination of cash and affordable units to meet the requirements of this article, the cash contribution shall be equivalent to 100 percent of the cost of land and the cost of constructing the total number of required affordable dwelling units less the number of affordable units to be constructed on the applicable site. If an applicant chooses to provide any cash in lieu of constructing affordable units, that applicant shall not be eligible for the fee deferrals described in subsection (3) of this section.

(3)

Sliding scale residential density bonus and development fee deferrals and the related requirements. The following table demonstrates the sliding scale percentage of affordable dwelling units required, depending on the percentage of residential density bonus or fee deferral sought. Only applicants who construct affordable dwelling units and offer no cash in lieu of construction shall be eligible for the fee deferrals described in the table in this subsection. Development fees may be deferred and shall be paid to the city before the first occupancy permit may be granted. Development fees that may be deferred include site plan, rezoning, lot consolidation, subdivision, or special exception applications fees and water and sewer hookup fees. All of these fees shall be calculated and a fee deferral form shall be signed by the applicant at the beginning of each phase of the development process, e.g. rezoning, special exception, site plan, building plans, etc.

a.

Residential density bonus.

b.

Development fee deferrals.

Note— When the appropriate required percentage of affordable dwelling units produces a fractional number, the number shall be rounded to the next higher integer at or above 0.5 and shall be rounded to the next lower integer below 0.5.

c.

When an applicant utilizes the mixed-use redevelopment (MUR) option, described in article V, division 5, with the affordable dwelling unit program described herein, and the maximum allowable floor area ratio (FAR) for the specific MUR area is achieved through the project, then an increase of ten percent to the maximum allowable FAR shall be permitted. This ten percent density bonus must be utilized in proportion to the required ratio of uses described in section 48-1081.

(Code 1982, § 38-43(c); Ord. No. 1710, 10-22-2001)

(a)

Approved site plans and/or record subdivision plats shall identify the specific number of for-sale units and/or percentage of units for rent that are to be regulated as affordable units, pursuant to this section.

(1)

All plans or plats for developments containing affordable dwelling for-sale units shall identify specific units that are for sale or the percentage of units for rent under the affordable guidelines in this article.

(2)

All site plans for developments containing affordable dwelling rental units shall include information concerning the number of each type of unit, by bedroom count, which shall be maintained as affordable.

(b)

Specifications regarding dwelling dimensions and the number of bedrooms in all affordable units shall meet the requirements established by the city council or its designee. In general, dwelling dimensions and the number of bedrooms in an affordable unit should be comparable to equivalent market rate units on the subject parcel.

(c)

Affordable dwelling units shall be of a building type and of an architectural style compatible with residential units permitted within the zoning district in which they are located and interspersed among market rate units in the proposed development.

(Code 1982, § 38-43(d); Ord. No. 1710, 10-22-2001)

In a development which contains single-family attached or multifamily units, occupancy permits for no more than 50 percent of the market rate dwelling units shall be issued prior to the issuance of occupancy permits for 50 percent of the affordable dwelling units. Occupancy permits for no more than 75 percent of the market rate dwelling units shall be issued until occupancy permits have been issued for 100 percent of the affordable dwelling units for the development.

(Code 1982, § 38-43(e); Ord. No. 1710, 10-22-2001)

The city council or its designee may from time to time adopt regulations by resolution for the administration and enforcement of this program. The official regulations for this program are included in the document titled Affordable Dwelling Unit Program—Official Administrative Procedures and Regulations.

(Code 1982, § 38-43(f); Ord. No. 1710, 10-22-2001)

The following provisions shall apply whenever any person, whether owner, lessee, principal, agent, employee or otherwise, violates any provision of this article or regulations adopted pursuant thereto, or permits any such violation, or fails to comply with any of the requirements hereof. These regulations are contained in the document titled Affordable Dwelling Unit Program—Official Administrative Procedures and Regulations.

(1)

Owners of affordable dwelling units who shall fail to submit executed affidavits or certifications, shall be fined $50.00 per day per unit, up to a maximum of $3,000.00 per unit, until such affidavit or certificate is filed, but only after written notice and a ten-day compliance period is provided. Fines levied pursuant to this section shall become liens upon the real property and shall accumulate interest at the judgment rate of interest.

(2)

Tenants of affordable dwelling units who shall fail to submit executed affidavits or certifications, shall be subject to lease termination and eviction procedures, as provided in the Code of Virginia.

(3)

Owners and tenants of affordable dwelling units who shall falsely swear or who shall execute an affidavit or certification knowing the statements contained to be false shall be guilty of a class II misdemeanor and shall be subject to a fine up to $1,000.00.

a.

Fines levied against owners, pursuant to this section shall become liens upon the real property and shall accumulate interest at the judgment rate of interest.

b.

Tenants of affordable dwelling units who shall falsely swear or who shall execute an affidavit or certification knowing the statements contained therein to be false shall also be subject to lease termination and eviction procedures, as provided in the Code of Virginia.

c.

Owners of individual affordable dwelling units who shall falsely swear that they continue to occupy their respective affordable dwelling unit as their primary domicile shall be subject to injunction or other suit, action or proceeding to require such owner to either sell the unit to someone who meets the eligibility requirements or to occupy such affordable dwelling unit as a domicile.

(Code 1982, § 38-43(g); Ord. No. 1710, 10-22-2001)