(a) In general. An owner shall comply with this section before applying for a construction permit. An owner shall:
(1) submit an application to the department detailing the proposed project, which includes the following information:
(A) the legal description and address of the property;
(B) any restrictive covenants or contracts that will require the owner to lease dwelling units at a specific rent for a specific term of years, along with the number of units; and
(C) any other information determined by the director to be necessary to aid in the determination of whether the owner is eligible to participate in the mixed-income housing program;
(2) obtain a certified verification of the building site's market value analysis ("MVA") category;
(3) sign a reserved dwelling unit verification form provided by the department where the owner acknowledges receipt of information regarding the minimum and maximum percentage of reserved dwelling units for that category, states the intended pro-rata distribution of the reserved dwelling units, if applicable, and provides any other pertinent information requested by the director;
(4) acknowledge its intent to participate in the mixed income housing development bonus program.
(b) Reserved dwelling unit verification. A development using a mixed-income development bonus in Division 51A-4.1100
may reserve no more than 50 percent of the dwelling units in each development for households at or below 80 percent of Area Median Family Income. This maximum percentage of reserved dwelling units may be waived for developments that are enrolled in a program administered by the department and authorized by the city council that furthers the public purposes and goals of the city's housing policy.
(c) Conflicts. In case of a conflict between the documents required in this section and the requirements of:
(1) the base zoning district, the base zoning district controls; and
(2) the restrictive covenant, the restrictive covenant controls.
(d) Expiration of market value analysis category, reserved dwelling unit, and participation verifications. Verifications expire one year after the date of issuance if the owner has not filed a mixed-income restrictive covenant in the real property records related to the property for which the verifications were issued and made reasonable progress, as defined in Section 311.3 of Chapter 52 of the Dallas City Code, on the Property that will be subject to the mixed-income restrictive covenant. (Ord. Nos. 31142
; 32195
)