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Unless the context clearly indicates otherwise:
(a) DENSITY BONUS means an increase in the number of dwelling units otherwise allowed for any particular lot.
(b) DWELLING UNIT OF ADEQUATE SIZE means:
(1) an efficiency or larger unit for a family consisting of one person;
(2) a one-bedroom or larger unit for a family consisting of two persons;
(3) a two-bedroom or larger unit for a family consisting of three or four persons; and
(4) a three-bedroom or larger unit for a family consisting of more than four persons.
(c) HUD means the United States Department of Housing and Urban Development or its successor.
(d) IN-LIEU PAYMENT means a fee paid as an alternative to the provision of an SAH unit.
(e) LOWER INCOME FAMILY means a family whose income does not exceed 50 percent of the median income for a family in the Dallas Primary Statistical Area, as determined by the Secretary of HUD, with adjustments for family size in accordance with Section 3(b)(2) of the United States Housing Act of 1937, as amended [42 U.S.C.A. 1437a, Subsection (b)(2)].
(f) MINORITY CONCENTRATED AREA means a census tract where, according to the most recent decennial census of population conducted by the U.S. Bureau of the Census, more than 50 percent of the population is Black and/or of Spanish/Hispanic origin or descent.
(i) NON-MINORITY CONCENTRATED AREA means a census tract that, according to the most recent decennial census of population conducted by the U.S. Bureau of the Census, is not a minority concentrated area.
(j) SAH DISTRICT means the MF-1(SAH), MF- 2(SAH), MU-1(SAH), MU-2(SAH), and MU-3(SAH) districts established under this chapter.
(k) SAH RENTAL RATE means a monthly payment equal to or less than 30 percent of the tenant’s gross annual family income divided by 12.
(l) SAH UNIT means a standard affordable housing dwelling unit.
(m) STANDARD AFFORDABLE HOUSING DWELLING UNIT means a dwelling unit of adequate size:
(1) leased or offered for lease to a lower income family for an amount equal to or less than the SAH rental rate; or
(2) that satisfies all necessary criteria, as determined by the appropriate federal or state governmental authority, for low income family occupancy to qualify a project for federal or state tax relief or other housing or financial assistance under a program established by and administered in accordance with federal or state law for the purpose of aiding low income families in obtaining a decent place to live. (Ord. 21663)
(a) This division only becomes applicable to a lot in an SAH district when an application is made for a building permit that would increase the dwelling unit density permitted in that district above the number permitted by right.
(b) The city council may impose an SAH requirement in a planned development district that allows 15 or more multifamily dwelling units in the district. The requirement, if imposed, must be reasonably consistent with the standards and purposes of this division and must be a part of the ordinance establishing or increasing the size of the district. (Ord. 21663)
The board of adjustment may grant a special exception to authorize a reduction in the number of SAH units required under this division if the board finds, after a public hearing, that:
(a) the units have remained vacant for six months or more; and
(b) good faith efforts to lease the units to lower income families were made during their vacancy.
In granting a special exception under this section, the board shall establish a termination date for the special exception, which may not be more than one year after the date of the board’s decision. This provision does not preclude the granting of additional special exceptions in accordance with this section. The two year limitation on a request for a property in Section 51A-4.703(e) does not apply to this section. (Ord. 21663)
(a) In general. Regulations for SAH districts in Article IV specify the dwelling unit density permitted by right. A density bonus may be obtained in these districts if one or more SAH units or an in-lieu payment is provided in accordance with this division. Prior to the issuance of a building permit that would increase the dwelling unit density in a SAH district above the number permitted by right, an application for a density bonus must be submitted to and approved by the director.
(b) Application. An application for a density bonus must be filed with the director on a form provided by the city. The application must include the following:
(1) the date, names, addresses, and telephone numbers of both the property owner and the person preparing the plan;
(2) lot and block description, the zoning classification, and the census tract of the lot for which the density bonus is requested;
(3) the dwelling unit density proposed for the lot and the dwelling unit density permitted by right;
(4) the number of SAH units required as a result of receiving the density bonus;
(5) if applicable, where the SAH units will be provided, including the lot and block description, the zoning classification, and the census tract of the lot where the SAH units will be located;
(6) if applicable, the amount of the in-lieu payment that will be provided;
(7) any other reasonable and pertinent information that the director determines to be necessary for review. (Ord. 21663)
(a) The director shall approve an application for a density bonus that complies with the standards in Subsection (b).
(b) Standards.
(1) An SAH unit provided to qualify a lot for the density bonus must be:
(A) within three miles of the lot receiving the density bonus;
(B) on a lot where no more than 30 percent of the dwelling units are SAH units;
(C) in a non-minority concentrated area; and
(D) in compliance with all city ordinances.
(2) An SAH unit provided to qualify a lot for a density bonus may not be used to qualify another lot for a density bonus.
(3) The design of SAH units must be equivalent to the design of other units located on the same lot. It is recommended that the materials of SAH units be equivalent to the materials of other units located on the same lot. The size of bedrooms in SAH units must be consistent with the size of bedrooms in other units located on the same lot.
(4) Of the SAH units provided, 21 percent must have one bedroom, 45 percent must have two bedrooms, 28 percent must have three bedrooms, and five percent must have four bedrooms. In determining the number of units to be provided, fractional units are counted to the nearest whole number, with one-half counted as an additional unit. (Ord. Nos. 21663; 31607)
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