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Kamas City Zoning Code

CHAPTER 15

36.- MODERATE INCOME HOUSING

Sec. 15.36.010.- Purpose.

To provide affordable housing to the citizens of Kamas City and to accomplish the goals of the moderate income housing element of the Kamas City General Plan.

(Ord. 2019-07, 7/9/2019; Ord. No. 2023-02, § 1(Exh. A), 3/14/2023)

Sec. 15.36.020. - Definitions.

Affordable means the ability of a household to occupy a dwelling unit paying no more than 30 percent of the household's gross income for housing costs, including utilities.

Area median income (AMI) means the median household income for a household in Kamas City.

Moderate income housing means dwelling units, including both owner-occupied and rental units, that are offered for sale or rent at a rate that is affordable to those households having incomes that are 80 percent or less of the AMI.

(Ord. 2019-07, 7/9/2019; Ord. No. 2023-02, § 1(Exh. A), 3/14/2023; Ord. No. 2025-08, § 1, 9/9/2025)

Sec. 15.36.030. - Standards.

1.

The provisions of this section may apply to (each a "development"):

a.

Single-family subdivisions;

b.

Multiple-family developments;

c.

Townhouse developments; and

d.

Mixed-use developments.

2.

A development classified as a major subdivision as outlined in KMC 15.18, as an incentive to provide moderate income housing as part of the development, may exceed what would otherwise be the maximum allowed number of dwelling units with one bonus market rate unit for each moderate income housing dwelling unit included in the project, up to five bonus units.

(Ord. 2019-07, 7/9/2019; Ord. No. 2023-02, § 1(Exh. A), 3/14/2023)

Sec. 15.36.040. - Residential developments.

All new residential developments with 6 or more units as defined in major subdivisions outlined in 15.18 are encouraged to provide moderate income housing units as part of the project, unless the development is proposed pursuant to a development agreement or rezone that requires moderate income housing units. Developments that are required to provide moderate income housing units shall dedicate at least 20 percent of the proposed density to moderate income housing, unless otherwise specified in a written and executed agreement. Projects including moderate income housing units may apply for the following density bonuses:

1.

Those lots in a new single-family conventional subdivision which are proposed to contain moderate income housing dwelling units may be reduced in area by up to 20 percent of the minimum lot size and frontage of the underlying zoning district. Reduced lot size and frontage applies only to lots on which moderate income housing dwelling units will be built.

2.

The density bonus shall be used to include moderate income housing dwelling units as a part of a larger development, as a means of avoiding concentrating such housing in any given area of the subdivision and/or the city.

a.

The moderate income housing dwelling units shall be of a similar size and scale as the rest of the development's units.

b.

The moderate income housing dwelling units or lots shall be built in conjunction with the rest of the project and built before 80 percent of the development is completed.

c.

The moderate income housing dwelling units shall be dispersed throughout the development without being built on adjacent lots or clustered in one part of the development.

(Ord. 2019-07, 7/9/2019; Ord. No. 2023-02, § 1(Exh. A), 3/14/2023)

Sec. 15.36.050. - Process.

1.

Prior to approval of the final plat for any dwelling unit in a development for which density bonus units have been awarded, the developer shall enter into a moderate income housing development agreement with Kamas City that identifies which lots are intended to be the moderate income housing units; identifies the builder of each moderate income housing dwelling unit; and guarantees for 30 years their continued use and availability to households that qualify for moderate income housing by means of a deed restriction or other means.

2.

The terms and conditions of the agreement shall run with the land, be noticed to title, shall be binding upon the successor in interest of the developer, and shall be recorded in the office of the Summit County Recorder.

3.

The deeds to the designated units shall state that the developer or his/her successor in interest shall confirm the continued use of the designated units for households that qualify for moderate income housing.

(Ord. 2019-07, 7/9/2019)