The purpose of this chapter is to encourage the development and preservation of residential units affordable to those making less than the Washington County Area Median Income.

(Ord. No. 2023-12, 1-4-2024)

The incentives within this chapter are available to new residential developments zoned as R1-8, R1-6, RM-1, RM-2, RM-3, and within planned development overlays.

(Ord. No. 2023-12, 1-4-2024)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Affordable housing means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80 percent of the Washington County Area Median Income ("AMI").

Affordable housing development means any housing project that reserves by deed restriction ten percent of units as affordable housing.

Land Use Authority, for purposes of this chapter, means the Hurricane City Planning Commission.

(Ord. No. 2023-12, 1-4-2024)

A.

Development incentives. Affordable housing developments that provide affordable housing pursuant to the terms of this chapter shall qualify for the density bonus, standard incentives, and impact fee reduction described in this section. An applicant may submit an affordable housing development application requesting the incentives.

B.

Density bonus.

1.

Maximum density. Affordable housing developments may receive a maximum 15 percent density bonus based on the base density shown in an approved yield plan.

2.

Calculation of density bonus.

a.

Base density. Base density for an affordable housing development shall be determined by calculating the number of dwelling units that could be developed on lots in a conventional subdivision under the provisions of the underlying zones.

b.

Yield plan. The applicant shall provide a yield plan as part of the affordable housing development application. The applicant shall prepare a yield plan that reflects the total number of units that the development would be able to build under base zoning standards. The yield plan shall take into consideration the site's natural and cultural features as shown on a natural resource inventory prepared for the property and shall demonstrate that sensitive lands identified in the natural resource inventory can be successfully included within open space areas or as part of residential lots without disturbing the health or safety of present or future City residents. At least one-half of the minimum area required for each lot shall exclude wetlands, floodplains, and slopes exceeding 30 percent.

c.

The Zoning Administrator shall review the application and yield plan for compliance with this chapter and provide a report and recommendation to the Land Use Authority. The Land Use Authority shall approve, approve with conditions, or deny the application based on the standards within this Code.

C.

Standards. Except for the standards required for Planned Commercial developments, to the extent the standards within other chapters in this Code conflict with the standards of this chapter, affordable housing developments are only required to comply with the following standards:

AFFORDABLE HOUSING DEVELOPMENT STANDARDS FOR RESIDENTIAL USES

D.

Impact fee reduction. Affordable housing units shall only be charged 50 percent of each of the City's adopted impact fees. This reduction in impact fees is specific to qualifying units and does not apply to the entire affordable housing development.

E.

To the extent the standards within other chapters in this Code conflict with the standards of this chapter, single family units within an affordable housing development that qualify as affordable housing are only required to comply with the following standards:

1.

Minimum lot size. Within single family zones, affordable housing units shall be placed on a lot a minimum of 4,000 square feet.

2.

Regardless of available minimum lot sizes, affordable housing developments shall comply with all density requirements within this chapter.

F.

Affordable housing developments shall meet all other standards within the underlying zone except those specifically listed in this chapter.

G.

Comparable units. Affordable housing units shall be comparable to market rate units in the development, including entrance location, dispersion throughout the building or site, and access to all amenities available to the market rate units in the development. This section does not apply to units in single-family zoning districts.

(Ord. No. 2023-12, 1-4-2024)

For affordable housing units not located in an affordable housing development, the applicant shall only be entitled to the modified standards and reduced impact fees as described in subsections 10-52-4(C)—(E) of this chapter. An applicant shall submit an application showing that the proposed unit(s) qualify as affordable housing and shall otherwise comply with and be subject to the terms of this chapter.

(Ord. No. 2023-12, 1-4-2024)

A.

Affordable housing shall be restricted and meet the following qualifications.

1.

Affordable housing unit rentals. An approved affordable housing unit used as a rental shall continuously qualify as affordable housing for a period of 25 years from the date a certificate of occupancy is issued by the City.

2.

Prior to or as a condition of approval of a final site plan or plat, a deed restriction approved by the City Attorney and requiring compliance with this chapter shall be recorded with the Washington County Recorder, which deed restriction shall run with the land and bind all assigns, heirs, and successors of the applicant. For affordable housing units not located in an affordable housing development, the deed restriction shall be recorded prior to the issuance of a building permit.

B.

Income restriction. Approved affordable housing units shall only be made available and occupied by households with an annual income at or below 80 percent of Washington County AMI as determined by the U.S. Department of Housing and Urban Development ("HUD") Metro FMR Area (as periodically determined by the HUD and adjusted for household size).

1.

Rent/housing payment restriction. The affordable housing units shall be both income and rent/housing payment restricted.

a.

For an affordable housing rental unit, the monthly rent, including all required housing costs per unit such as utilities and other charges uniformly assessed to all apartment units other than charges for optional services, shall be set forth in a written lease and shall not exceed, for the term of the lease, 30 percent of the maximum monthly income for a household making 80 percent AMI, adjusted for household size, published by Housing and Urban Development for affordable units located in Washington County.

(Ord. No. 2023-12, 1-4-2024)

A.

Managers, property owners, and landlords of affordable housing units shall submit an annual report to the City Zoning Administrator showing compliance with this chapter. This report is due on March 1 for the previous year's information and shall include the following information:

1.

Property location, tax ID number, and legal description.

2.

Property owner name, mailing address, and email address.

3.

Information on the affordable housing units and the tenants of the property receiving the incentives that includes:

a.

The total number of dwelling units.

b.

The number of bedrooms of each dwelling unit.

c.

The rental rate of each dwelling unit.

d.

A statement regarding whether the affordable housing units are in compliance with the approval requirements and the requirements of this chapter.

e.

Any change in occupancy to the units that is necessary to bring the units into compliance with this chapter, including a change in the number of people residing in each unit and any change in tenant. Personal data is not required to be submitted.

f.

Confirmation that income verification for all tenants was performed for the previous year.

g.

Any differences in rent between the agreed upon rental rate in the approval to use the incentives and the actual rent received for the identified affordable housing units.

h.

Any instance where an affordable housing unit was no longer rented at the agreed upon level of affordability, the length of time the dwelling unit was not in compliance with the agreed upon level of affordability, and any remedy that was taken to address the noncompliance.

4.

Failure to file a report shall trigger an audit by the City and the property owner shall be subject to fines as established in section 1-4-5, civil enforcement, of this Code.

B.

Audit. Managers, property owners, and landlords of affordable housing units shall allow the City or its representative to conduct a yearly audit on all affordable housing developments and affordable housing units to ensure compliance.

C.

Violations of this chapter, including failure to timely submit complete reports, shall subject the recorded owner of the property, as shown on the records of the Washington County Recorder, to prosecution and fines pursuant to this Code, including civil enforcement authorized by section 1-4-5 of this Code and business license revocation pursuant to title 3 of this Code.

(Ord. No. 2023-12, 1-4-2024)