(a) In general.
(1) The owner must comply with the requirements of Chapter 20A, as amended.
(2) Owners shall obtain a certified verification of the building site's MVA category and shall sign a reserved dwelling unit verification before applying for a permit for construction in accordance with this division and Section 20A-25.
(b) Building permit application. An application for a building permit using a development bonus must include the following:
(1) the date, names, addresses, and telephone numbers of the applicant and all property owners;
(2) the legal description, the current zoning classification, the market value analysis category, and the census tract of the building site for which the development bonus is requested;
(3) the total number of dwelling units proposed, the number of reserved dwelling units provided, and the number of reserved dwelling units required as a result of receiving the development bonus;
(4) the total number of one-bedroom dwelling units, two-bedroom dwelling units, etc. being proposed;
(5) a copy of the signed market value analysis verification from the director of housing and neighborhood revitalization; and
(6) any other reasonable and pertinent information that the building official determines to be necessary for review.
(c) Building permit issuance. Before the issuance of a building permit, the mixed-income restrictive covenant must be recorded in the county in which the building site is located, and an official copy of the executed and recorded mixed-income restrictive covenant must be submitted to the building official.
(d) Minimum units required.
(1) A development using a development bonus in this division must provide a minimum of one reserved dwelling unit regardless of the percentage of total units required.
(2) Fractions of a required unit will be rounded up to the next whole number.
(3) A development using a development bonus in this division shall 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 of housing and neighborhood revitalization and authorized by the city council that furthers the public purposes of the city's housing policy and affirmatively furthers fair housing.
(1) To obtain a development bonus for a phased development, a project plan must be submitted to the building official with the initial building permit application.
(2) For a phased development:
(A) the first phase must independently qualify for the development bonus; and
(B) each subsequent phase combined with all previous phases already completed or under construction must also qualify for the development bonus.
(3) A project taking advantage of a development bonus may consist of two or more building sites if they are developed under a project plan. The project plan must be:
(A) signed by all property owners; and
(B) approved by the building official.
(f) Certificate of occupancy. Before the issuance of a final certificate of occupancy for a multifamily or retirement housing use, the owner must submit to the building official any additional information needed to ensure compliance with the terms of the building permit and the mixed-income restrictive covenant, including:
(1) The approved affirmative fair housing marketing plan described in Section 20A-31(g).
(2) A letter from the director of housing and neighborhood revitalization certifying that the development complies with the mixed-income restrictive covenant. (Ord. 31152)