A. The city commission may, by resolution, at its sole discretion, waive the imposition of a portion or all of any fee imposed by the provisions of Title 3 of the city code for an affordable housing project.
B. For purposes of this section “affordable housing project” is defined as a housing project intended to house:
1. Homeless or disabled persons, as such terms are defined by the U.S. Department of Housing and Urban Development; or
2. Households with an annual income that does not exceed sixty percent (60%) of the area median income for the applicable household size in the Lewis and Clark County statistical area, as published by the U.S. Department of Housing and Urban Development.
C. A developer seeking waiver of fees pursuant to this section must submit an application, provided by the city, prior to the issuance of any certificates of occupancy for the project that is subject to the waiver request.
D. To grant a waiver of fees the city commission must find that:
1. The project meets the definition of an “affordable housing project;” and
2. The proposed waiver will not jeopardize the financial interests of the city. In making this determination, the city commission may consider any of the following factors:
a. The size of the project;
b. The number of persons proposed to be served;
c. The financial capability of the applicant to pursue the project without fee waiver;
d. The length of time the project is guaranteed to remain affordable;
e. The manner in which the applicant has guaranteed the project will remain affordable; and
f. Any other factor the city commission deems relevant.
E. The city commission may condition the waiver of fees to ensure the project remains affordable. Conditions imposed by the city commission can include, but are not limited to:
1. Time limitations;
2. Written agreements;
3. Guarantees;
4. Proof of income verification;
5. Annual certification of rents; and
6. Annual certifications of compliance.
F. The city must keep a record of all waivers of fees granted pursuant to this section.
G. If the city determines that an affordable housing project has violated any condition imposed, the city may seek the full balance of the waived fees, which may be attached as a lien against the property. (Ord. 3277, 12-9-2019; amd. Ord. 3280, 2-24-2020)