The purpose and intent of this Article is to detail the requirements and procedure associated with housing developments proposed in the Town that are determined to add to the affordability of the Town's overall housing stock. This Article outlines the provision of staff administrative review thresholds to support the expedition of affordable housing projects in the Town. It is not the intent of this Article to preempt the zoning requirements and allowances outlined within this Chapter.

(Ord. 856, §2, 2023)

Words and phrases used in this Article shall have the following meanings ascribed to them:

Affordable housing means residential housing affordable to a household with an annual income of thirty percent (30%) to sixty (60%) of Boulder County's Area Median Income (AMI) and that costs the household less than thirty percent (30%) of its monthly income.

Area Median Income or AMI means the median income for the Boulder County area, adjusted for household size as calculated by the Department of Housing and Urban Development.

Deed restricted (restriction for) affordable housing means a stipulation written into a property's deed or recorded as a restrictive covenant that outlines conditions and/or restrictions for the property designed to further the goals of affordable housing.

Developer means the person or firm proposing the development project for review.

(Ord. 856, §2, 2023)

To encourage the development of affordable housing units and to be eligible for an affordable housing variance as provided in Section 16-325, a development project must meet at least one (1) of the criteria listed below:

(1)

A housing development is considered affordable if at least ten percent (10%) of the total number of dwelling units are offered as affordable housing.

(2)

A single housing unit is offered to rent as affordable housing.

(3)

A single housing unit is offered for sale as affordable housing.

(Ord. 856, §2, 2023)

In order to preserve affordability of newly developed affordable housing within the Town, the Town shall require a deed restriction for affordable housing for developments that are granted an affordable housing development variance as provided in Section 16-325.

(1)

Deed restrictions shall be filed and held by the Town of Nederland.

(2)

The property owner shall pay the cost for the Town to record the deed restriction for affordable housing with the Boulder County Clerk and Recorder.

(3)

Deed restrictions shall remain in effect for a minimum period of twenty (20) years.

(Ord. 856, §2, 2023)

(a)

A developer may request a variance for a housing development in which all units are deed restricted affordable housing.

(b)

The developer is required to submit an application for an affordable housing development variance and follow the requirements of this Section. The Planning Commission will review and decide the applications.

(c)

Requirements of the developer.

(1)

Pre-application process. The developer is required to participate in a pre-application conference with the Zoning Administrator or delegee. The pre-application conference is intended to provide an opportunity for the applicant to meet with the Town Zoning Administrator to review submittal requirements, review procedures, and applicable code standards associated with the proposed development. The applicant shall bring a conceptual site plan to the conference. The conceptual site plan shall be of sufficient detail to accurately convey the concept, character, location, parcel size and the magnitude of the proposed development.

(2)

At the pre-application conference, the developer and the Zoning Administrator will evaluate whether the developer is eligible for an affordable housing variance and determine the minimum relief needed for the variance. The Zoning Administrator will assist the developer to identify key issues and concerns regarding the proposed development project and to identify the recommendations for the minimum relief needed.

(3)

Following the pre-application conference, the developer may submit an application for an affordable housing variance to the Zoning Administrator. The Zoning Administrator may reject an application for an affordable housing variance if the developer has not participated in a pre-application conference. If the application is complete and the developer has paid the required fees, if any, the Zoning Administrator will submit the application to the Planning Commission for review and a decision.

(d)

Procedure for an affordable housing variance.

(1)

The Planning Commission will review all applications for an affordable housing variance.

(2)

Upon receipt of an application for an affordable housing variance and the application fee, a hearing before the Planning Commission must be set without delay and within thirty (30) days of submission of an affordable housing variance application. The developer may agree to an extension of the thirty (30) deadline for setting the hearing. Town Staff shall notify all property owners adjacent to the lot for which a variance is requested. At least fifteen (15) days in advance of the hearing, Town Staff shall cause to be published a notice of the public hearing on the variance.

(3)

Criteria for review of affordable housing variance. The Planning Commission shall grant a request for an affordable housing variance if the Planning Commission finds that the following criteria have been satisfied:

a.

That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located; and

b.

That the variance, if granted, will not substantially or permanently impair the appropriate use or development of adjacent properties; and

c.

That the variance, if granted, is the minimum variance that will afford relief.

(4)

The Planning Commission is permitted to grant a variance of up to fifty percent (50%) for all yard and bulk requirements in Section 16-33. Notwithstanding, the Planning Commission is permitted to grant a fifteen percent (15%) variance to the maximum lot coverage standard and the Planning Commission is not permitted to grant height variances pursuant to this Section. Any height variance request must be processed pursuant to Article IX of Chapter 16.

(5)

No single previous decision of the Planning Commission sets a precedent. The decision of the Board shall be made on the particular facts of each case.

(6)

The Planning Commission shall issue a decision on the variance request within thirty (30) days of the hearing unless the developer agrees to such longer period of time.

(Ord. 856, §2, 2023)