§ 9.04  DEFINITIONS.
   The following words and terms, when used in this chapter, have the following meanings unless the context indicates otherwise.
   ACCESSORY DWELLING UNIT (ADU).  A secondary dwelling unit that is:
      (A)   Physically attached to or within a single-family dwelling unit;
      (B)   Subordinate in size to the single-family dwelling unit;
      (C)   Fully separated from the single-family dwelling unit by means of a wall or floor, with or without a door;
      (D)   Has a separate entrance than the primary dwelling unit; and
      (E)   Meets the definitional requirements for a dwelling unit (cooking, living, sanitary, and sleeping facilities) as defined in this section.
   AFFORDABLE.  Housing is AFFORDABLE when no more than 30% of the gross income of the household is required to pay for such housing and utility costs, fees and charges.
   AFFORDABLE HOUSING BUILDING.  A multiple-family dwelling, where at least 9% of the units are let for an amount that is affordable to households at or below 60% of AMI.
   AFFORDABLE HOUSING DEVELOPER. A developer of housing whose portfolio serves households at or below 60% of AMI.
   AFFORDABLE HOUSING PLAN. The plan submitted by a developer as part of a final site and building plan or final development plan approval pursuant to this chapter and Chapters 19 and 21.
   AFFORDABLE HOUSING TRUST FUND. A trust fund established by the City Council for the purpose of collecting and disbursing funds for affordable housing programs in accordance with the requirements set forth in Article VIII.
   AFFORDABLE RENTS. The rent and utilities for the affordable Opportunity Housing Units will be based on the higher of the Bloomington HRA's Section 8 Payment Standards, HUD Fair Market Rents for the Metropolitan Statistical Area, which includes Bloomington, Minnesota, or, if applicable, the Multifamily Tax Subsidy Projects (MTSP) Income Limits are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits or tax exempt housing bonds authorized under the Internal Revenue Code as adjusted annually.
   AREA MEDIAN INCOME (AMI). The median household income as most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms.
   BLOOMINGTON HOUSING AND REDEVELOPMENT AUTHORITY (HRA). The Housing and Redevelopment Authority in and for the City of Bloomington that was created by an act of the Legislature of the State of Minnesota entitled “Municipal Housing and Redevelopment Act” approved and in force April 23, 1947 and by Special Law, Chapter 616, 1971 as amended by Special Law, Chapter 344, 1977, and that operates as the city’s public housing agency and whose purposes include administration of a Section 8 Housing Choice Voucher and other public housing programs.
   DENSITY BONUS UNIT. A unit as a result of an increase in density permitted above the per acre limit established by the city code.
   DESIGNATED TRANSIT AREA. The area within a one-half mile walk of a transit stop or station that offers at least hourly service weekdays between 7:00 a.m. and 6:00 p.m., measured from the closest general purpose door of the development to the nearest qualifying transit stop or station.
   DEVELOPMENT. A new or existing residential housing development at a site, including a mixed use development with a housing component, for which approvals have been or are being sought from the city. 
   DEVELOPER. Any person, individual, firm, partnership, association, joint venture, company, corporation or any combination of said entities.
   DWELLING. One or more rooms designed for residential use by a single family that contain cooking, living, sanitary and sleeping facilities and that are physically separated from any other dwelling units in the same structure. Types of DWELLINGS are:
      (A)   DWELLING, SINGLE-FAMILY. A building designed or used for residential occupancy by one household with or without an approved accessory dwelling unit.
      (B)   DWELLING, TWO-FAMILY. A building designed or used for residential occupancy by two households in separate dwelling units fully separated by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both units, including both duplexes and double bungalows but not including accessory dwelling units.
      (C)   DWELLING, MULTIPLE-FAMILY. A building that includes three or more dwelling units.
   ELIGIBLE HOUSEHOLD.  A household with a yearly income at less than or equal to 60% of AMI.
   GATEWAY AREA. The location and boundaries of the Gateway Area shall be established by the City Council as a development district. The district description shall be reflected in a district map that shall be kept permanently on file in the Community Development Department of the city and shall be available for public inspection.
   HOUSEHOLD. One person or more living alone or two or more persons sharing residency.
   HOUSING TAX INCREMENT. Increments from a housing district that can be used to finance affordable housing projects or public improvements that are directly related to the project, as well as administrative expenses pursuant to state law.
   INCOME. Household income adjusted for household size includes:
      (A)   EXTREMELY LOW INCOME. Household income at or below 30% of AMI.
      (B)   VERY LOW INCOME. Household income above 30% to at or below 50% of AMI.
      (C)   LOW INCOME. Household income above 50% to at or below 80% of AMI.
      (D)   MODERATE INCOME. Household income at 80% to one hundred 120% of AMI.
   INCOME LIMITS. The Department of Housing and Urban Development (HUD) sets income limits based on Median Family Income estimates and Fair Market Rent area definitions. Multifamily Tax Subsidy Projects (MTSP) Income Limits are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits authorized under section 42 of the Internal Revenue Code (the Code) and projects financed with tax exempt housing bonds issued to provide qualified residential rental development under section 142 of the Code.
   MARKET RATE UNIT. A residential dwelling unit marketed for sale or lease at 120% or more of AMI.
   NEXUS STUDY. An analysis that estimates new affordable housing demand generated in response to new market rate residential real estate development due to spending by new resident households.
   NATURALLY OCCURRING AFFORDABLE HOUSING (NOAH). Existing owner-occupied or rental residential housing that is (a) affordable for at least 20% of the units to a household at or below 60% of AMI, (b) classified in the Class B and C real estate categories, and (c) was constructed between 1940 and 1990.
   OPPORTUNITY HOUSING UNIT. A housing unit affordable to a household with income at or below 60% of AMI.
   OPPORTUNITY FUND. Private investment vehicle, certified by the United States Department of Treasury, to aggregate and deploy capital for eligible uses on property in an opportunity zone.
   OPPORTUNITY ZONE. A census tract in the City of Bloomington that has been designated by the United States Department of Treasury as eligible to receive private investments through opportunity funds.
   OWNER. The individual or entity who holds title to a property as indicated in Hennepin County’s property records.
   PRIMARY RESIDENCE. The legal and verified permanent residence of a household.
   DISTRICT PLAN. An adopted plan focused on one or more sites within an area that is intended to guide development, land use, transportation, preservation and other factors over a number of years or in several phases for a specific area or district.
   RESIDENTIAL DEVELOPMENT. A residential or mixed use development, that includes any single family, duplex, townhouse, condominium dwelling, or other residential unit. RESIDENTIAL DEVELOPMENT includes the conversion of rental housing to condominiums or similar residential uses if applicable.
   SITE. A lot, or group of adjacent lots intended, designated or approved to function as an integrated unit, that is proposed for development in accord with the provisions of this code and is in a single ownership or has multiple owners, all of whom execute a joint application for development.
   SUBSTANTIAL REHABILITATION. When the cost of improvement of an affordable housing building exceeds 20% of the value of the property, excluding land, after improvements.
(Ord. 2019-16, passed 2-25-2019; Ord. 2019-30, passed 8-5-2019; Ord. 2021-1, passed 3-8-2021)