Mamaroneck Village City Zoning Code
ARTICLE XV
Fair and Affordable Residence Uses
§ 342-103 Development bonuses and requirements for affordable residence uses.
A.
Development bonus component. In order to provide a choice of housing opportunities for a variety of income groups within the Village, in accordance with the purposes of this article and the policies as set forth in the Village Comprehensive Plan, residence uses providing fair and affordable residences are entitled to the development bonuses set forth in the following schedule:
[Amended 7-10-2023 by L.L. No. 11-2023, effective 7-13-2023]
Zoning District | Bonus | Maximum FAR or coverage - 5 or more units | Percentage of fair and affordable housing units required to achieve bonus | Percentage of fair and deeply affordable housing units required to achieve bonus |
|---|---|---|---|---|
C-2 | 0.5 FAR | FAR 2.5 | 100% of units | 10% of units |
RM-1 | 20% unit bonus | 2,500 square feet of land/unit | 50% of units | No requirement |
RM-2 | 20% unit bonus | 1,500 square feet of land/unit | 50% of units | No requirement |
RM-3 | 20% unit bonus | 1,000 square feet of land/unit | 50% of units | No requirement |
C-1 | 0.5 FAR | FAR 1.3 | 50% of units | 10% of units |
B.
If 100% of the dwelling units in a development in the C-2 Districts for which a special permit is granted under § 342-50B are fair and affordable residences in accordance with this article and the development is undertaken in cooperation with a state or local affordable housing program or in conjunction with a not-for-profit corporation whose purpose is the creation of fair and affordable housing, the Planning Board may allow the development to be up to six stories and 60 feet, but not more than five stories and 50 feet on Mamaroneck Avenue, and may allow the floor area ratio (FAR) to be up to 2.5.
C.
In order to achieve a compatible building environment, the portion of the building stories above 40 feet must be set back a minimum of 10 feet from the front lot line.
D.
For buildings and developments in which all of the dwelling units are fair and affordable or fair and deeply affordable, the fee required by § 342-76O(3) and § A348-13B(3) is reduced as set forth in the following table:
[Added 10-26-2020 by L.L. No. 4-2020, effective 11-10-2020]
Type of Dwelling Unit | Percent of Required Fee to Be Paid |
|---|---|
Fair and affordable rental housing unit (annual rent at application, excluding utilities, does not exceed 30% of 80% of AMI) | 75% |
Rental housing unit in which annual rent at application, excluding utilities, does not exceed 30% of 60% of AMI | 50% |
Rental housing unit in which annual rent at application, excluding utilities, does not exceed 30% of 50% of AMI | 25% |
Fair and deeply affordable rental housing unit (annual rent at application, excluding utilities, does not exceed 30% of 40% of AMI) | 0% |
Fair and affordable housing unit for sale | 50% |
Fair and deeply affordable housing unit for sale | 0% |
E.
Required affordable housing unit component. Not less than 10% of the total number of residential units within each development consisting of 10 or more residential units created by subdivision or site plan approval must be fair and affordable units or fair and deeply affordable units. Developments consisting of five to nine residential units must contain at least one fair and affordable or fair and deeply affordable unit.
[Added 7-10-2023 by L.L. No. 11-2023, effective 7-13-2023]
§ 342-104 Development standards.
A.
Design. Fair and affordable residences must be physically integrated into the design of the development in a manner satisfactory to the Planning Board and must be distributed among efficiency, one-, two- and three-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Board because it is better related to the housing needs, current or projected, of the Village of Mamaroneck. The fair and affordable residences must not be distinguishable from market rate units from the outside of the unit or the building exterior.
B.
Minimum floor area. The minimum gross floor area per dwelling unit for fair and affordable residences must not be less than the comparable market rate housing unit in the development, or the following minimums, whichever is less:
§ 342-105 Ownership and occupancy standards.
A.
Occupancy guidelines. In renting or selling, the owners of fair and affordable residences must observe the following guidelines in determining the rental and sale prices of those units:
Number of Persons | ||
|---|---|---|
Number of Bedrooms | Minimum | Maximum |
Efficiency | 1 | 1 |
1 | 1 | 2 |
2 | 2 | 4 |
3 | 3 | 6 |
B.
Period of affordability. Owner-occupied fair and affordable residences must remain affordable in accordance with the provisions of this chapter for a period of 99 years. Renter-occupied fair and affordable residences must remain affordable in accordance with the provisions of this chapter for so long as any portion of the site is used for residential purposes.
C.
Rental and sale of units. During the period of affordability, fair and affordable housing units created under the provisions of this article may be sold, resold or rented only to fair and affordable housing families and fair and deeply affordable housing units created under the provisions of this article may be sold, resold or rented only to fair and deeply affordable families.
D.
Maximum rent and sale price.
(1)
During the period of affordability, the maximum yearly rent, excluding utilities, for a fair and affordable housing unit must not exceed 30% of 80% of AMI at the time of application, or 30% of 120% of AMI at the time of renewal, and the maximum gross sales price must not exceed 2.5 times 80% of AMI.
(2)
During the period of affordability, the maximum yearly rent, excluding utilities, for a fair and deeply affordable housing unit must not exceed 30% of 40% of AMI at the time of application, or 30% of 120% of AMI at the time of renewal, and the maximum gross sales price must not exceed 2.5 times 80% of AMI.
E.
Recording. Prior to obtaining a certificate of occupancy, the owner of the development must record an instrument, acceptable in form to the Village Attorney, which obligates the owner, its successors and assigns to maintain the fair and affordable housing residences in accordance with the requirements of this article for the period of affordability.
§ 342-106 Eligibility standards.
A.
Eligibility priorities. Eligible families applying for fair and affordable housing units and fair and deeply affordable housing units will be selected for occupancy on the basis of a lottery drawing conducted on an as-needed basis by the Village or its designated agent. The Village or its designated agent will establish the list of lottery winners based on bedroom count and provide the list to the owner or manager. The owner or manager will then notify the selected families.
[Amended 8-14-2023 by L.L. No. 14-2023, effective 8-18-2023]
B.
Continued eligibility.
(1)
Rental. Families selected for fair and affordable rental units and fair and deeply affordable rental units must be offered leases for terms of not more than two years. As long as the family remains eligible and has complied with the terms of the lease, the family must be offered a two-year lease renewal at the end of each lease term. If a family's aggregate annual income at the time of renewal exceeds the maximum permissible income for eligibility and if there is at that time an otherwise eligible family for the unit, the family may complete its current lease term and must be offered a market rate housing unit available in the development at the termination of the lease term, if available. If no market rate housing unit is available at the time, the family may be allowed to sign one additional one-year lease for the fair and affordable housing unit or fair and deeply affordable housing unit it occupies but may not be offered a renewal of the lease beyond the expiration of that term.
(2)
Sales. Title to owner-occupied fair and affordable housing units and fair and deeply affordable housing units must be restricted so that when the family sells the unit, the sale price does not exceed either the then-maximum sale price for the unit, plus an allowable appreciation of equity equal to 5% of the initial purchase price multiplied by the number of years the family has owned the unit or the sum of the amount of any principal payments made by the family, the remaining principal due on the mortgage, the value of any fixed improvements made by the family and not otherwise and included and the reasonable and necessary expenses incidental to the sale, whichever is greater.
§ 342-107 Administration.
[Amended 8-14-2023 by L.L. No. 14-2023, effective 8-18-2023]
A.
The Village or its designated agent will be responsible for the administration of the purchase and rental of fair and affordable residences and for the promulgation of rules and regulations as may be necessary to implement these requirements. The owner or manager of the fair and affordable residence is responsible initially for determining and certifying eligibility and must provide certification and documentation of eligibility to the Village or its designated agent in accordance with its rules and regulations prior to the fair and affordable housing families or fair and deeply affordable housing families being placed on the list for the lottery drawing.
B.
At the time of the issuance of a certificate of occupancy, the Building Inspector must send a copy of the certificate to the Village or its designated agent, including a description of the fair and affordable housing units or fair and deeply affordable housing units and applicable limitations. The Village or its designated agent will then inform the owner of the maximum rental or sales charge which may be established for those units and the eligibility requirements for occupancy of those units.
C.
Based upon the information provided by the owner or manager of the fair and affordable residence, the Village or its designated agent will certify fair and affordable housing families and fair and deeply affordable housing families as eligible for rental or sales and will annually reexamine or cause to be reexamined each family's income.
D.
On or before April 1 of each year thereafter, the Village or its designated agent must notify the owner or manager of each development containing fair and affordable residences as to the rent, sales and income eligibility requirements for those residences.
E.
The owner or manager of each development containing fair and affordable residences must certify to the Village or its designated agent on or before June 1 of each year that the current rental or sales prices of all fair and affordable housing residences comply with the requirements of this article.