20.3.SSS Dwelling, Small Multi-Family Affordable

1. Small Multi-Family affordable developments shall contain no more than four dwelling units.  At least one unit shall be rented to households earning no more than eighty percent (80%) of the Area Median Income (AMI) according to the Department of Housing and Urban Development's annual AMI guidelines.
   1. The affordable rental unit shall be priced to be affordable to households with incomes equal to or below seventy percent (70%) of AMI.
2. The affordable housing unit shall be maintained for a minimum term of fifteen (15) years.
3. The affordable unit shall not be less than 500 square feet in gross floor area.
4. The affordable unit shall be comparable to the market-rate dwelling unit in terms of floor area and exterior finishes.  Interior finishes or appliances may be different as long as functionality and longevity are retained.
5. All Small Multi-Family Affordable developments shall utilize the bulk and yard regulations for two-family structures unless explicitly stated otherwise in the lot size bulk and yard regulations for the respective zoning districts. Small Multi-Family Affordable developments are not subject to the minimum lot area per dwelling unit requirements of the underlying zoning district.
6. Small multi-family affordable developments must have a covenant or deed restriction to ensure the affordable housing unit remains affordable for the 15-year period.  This covenant or deed restriction must be disclosed to prospective buyers.  The deed restriction shall be recorded in the Office of Conveyances and a copy of the recorded document needs to be submitted to the Department of Safety and Permits, Inclusionary Zoning (IZ) office prior to the issuance of a Certificate of Occupancy.
7. The affordable housing unit in a small multi-family affordable structure shall not be used as a short-term rental.  The affordable housing unit in a small multi-family affordable structure also shall not be used as the owner's residence.
8. No more than one (1) unit of the total units in a development shall be permitted as a short-term rental. Any use of that one (1) unit of the small multi-family affordable development as a short-term rental shall be subject to all short-term rental requirements of the CZO and City Code. No new short-term rental permissions are associated with the use of small multi-family affordable development.
9. Small Multi-Family Affordable Developments may be comprised of one or more principal structures in accordance with Article 21.4.A. For those small multi-family affordable developments that are 1) located in the HU-RD1, HU-RD2, S-RD, S-LRD1, and S-LRD2 Two-Family Residential Districts, and 2) comprised of more than one principal structure, each additional dwelling unit exceeding the two-family dwellings currently allowed in each district and developed in an additional principal structure shall be limited to a maximum of two bedrooms. This two bedroom limitation shall not apply to the affordable rental unit.

Ord. No. 28,911, §8, January 6, 2022, Zoning Docket 084/21; Ord. 29956, 6/13/24, ZD 27/24,