New Orleans Comprehensive Zoning Ordinance

Printed: 4/26/2024 4:54:23 AM

28.3 Affordable Housing Development Use Standards and Guidelines

Ord 28178, 9-5-19, ZD 49/19; Ord. 29566, 8-1-23, ZD014-23

28.3.1 Affordable Housing Rental Development Use Standards and Guidelines   

Ten percent (10%) of total housing units, after any incentives, shall be affordable units in the CBD IZ and VCC IZ Districts, and five percent (5%) of total housing units, after incentives, shall be affordable units in all other IZ Districts.

A.        Onsite units are required for developments with 10 or more dwelling units.

B.        The affordable units in an Affordable Housing Rental Development shall be rented to families earning no more than 60% of the Area Median Income (AMI).

1.         The rental affordable housing units shall be priced to be affordable to households with incomes equal to or below fifty percent (50%) of AMI.

C.        The affordable housing units shall be maintained for a minimum term of ninety-nine (99) years.

D.         Affordable Housing Developments undertaken in phases, stages, or otherwise developed in distinct sections shall provide for the development of affordable housing units concurrently and proportionately with the market-rate units.

E.         To calculate the minimum number of affordable housing units required in in paragraph (A) above, the total number of proposed units shall be multiplied by ten percent (10%) if located in a CBD IZ or VCC IZ District, and five percent (5%) if located in all other IZ Districts.  If the number of required affordable units results in a fraction, a fraction of 0.5 or more shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be rounded down to the next lower whole number.

F.        All developments subject to the standards of the Mandatory Inclusionary Zoning Sub-District shall include an Affordable Housing Impact Statement (AHIS) with the application. The AHIS shall provide the following information:

1.         The number of units added at the Area Medium Income Levels (AMI) at or below 80%, 50%, and 30%.

2.         The number of units removed at the Area Medium Income Levels at or below 80%, 50%, and 30%.

3.         The bedroom mix of the unit to be added or removed (1, 2, 3, 4, etc. bedrooms).

4.         The total number of units added and total number of units removed.

Adopted by Ord. 29566, 8-1-23, Zoning Docket 014-23

28.3.2 Affordable Housing For-Sale Development Use Standards and Guidelines   

For-Sale housing developments containing fewer than ten (10) for-sale dwelling units that voluntarily set aside at least one (1) unit OR developments containing ten (10) or more for-sale dwelling units that set-aside at least ten percent (10%) of units up to 120% Area Medium Income may utilize density and parking reductions and are subject to the following:

A.          The affordable units in a For-Sale Affordable Housing Development shall be sold to families earning no more than 120% of the Area Median Income (AMI).

B.             For-sale housing developments located in a Mandatory Inclusionary Zoning sub-district are not required to provide affordable housing but may opt into providing affordable for-sale units.

C.             The initial homebuyer with an income equal to or less than one hundred and twenty percent (120%) of the Area Medium Income (AMI) shall remain in the property as their primary residence for no less than five (5) years. In the event the property is sold prior to the end of the five (5) year term, the property shall be sold to an income eligible buyer.

E.        Affordable Housing Developments undertaken in phases, stages, or otherwise developed in distinct sections shall provide for the development of affordable housing units concurrently and proportionately with the market-rate units.

F.        If the number of required affordable units results in a fraction, a fraction of 0.5 or more shall be rounded up to the next higher whole number, and a fraction of less than 0.5 shall be rounded down to the next lower whole number.

Adopted by Ord. 29566, 8-1-23, Zoning Docket 014-23