EDITOR'S NOTE: This chapter, previously a codification of Ordinance 95-09, passed October 4, 1995, was repealed in its entirety and re-enacted by Ordinance 99-07, passed June 16, 1999.
1450.01 Purpose of Affordable Dwelling Unit (ADU) Program.
1450.02 Definitions.
1450.03 Administration of Affordable Dwelling Unit (ADU) Program; Affordable Dwelling Unit Advisory Board (ADUAB).
1450.04 Initial sale of Affordable Dwelling Units (ADUs); purchase option periods; priority for purchase.
1450.05 Initial rental of Affordable Dwelling Units (ADUs).
1450.06 Sale control price of Affordable Dwelling Units (ADUs).
1450.07 Rental control price of Affordable Dwelling Units (ADUs).
1450.08 Resale and non-judicial foreclosure sale of an Affordable Dwelling Unit (ADU) after initial sale; ADU sale control price and other restrictions; subsequent rental of an ADU after initial rental; ADU rental control price and other restrictions.
1450.09 Eligibility requirements; authority of the Department of Housing and Community Development; violations and penalties.
1450.10 Affordable Dwelling Unit Advisory Board (ADUAB); administration.
CROSS REFERENCES
Loudoun County Board of Supervisors - see ADM. Ch. 210
License tax for rental of dwellings - see B.R. & T. 840.22
Virginia Uniform Statewide Building Code - see B. & H. Ch. 1410
Loudoun County Zoning Ordinance -
see Chapter 9 and Chapter 10, Section 10.13
The Affordable Dwelling Unit (ADU) Program is established to assist in the provision of affordable housing to persons of moderate income by promoting the development of a full range of housing choices and by requiring the construction and continued existence of dwelling units which are affordable for purchase and for rental by households whose income is within the household income parameters established for ADUs in Article 7, now Chapter 9, of the Loudoun County Zoning Ordinance, as amended (“Chapter 9”). "Affordable dwelling units" (ADUs) shall be defined as those units provided in accordance with Chapter 9 of the Loudoun County Zoning Ordinance, as amended, for which the initial and subsequent rental and/or sale/resale price is regulated by this chapter.
The ADU Program shall be regulated and administered in accordance with Chapter 9 of the Loudoun County Zoning Ordinance, as amended, and this chapter. This chapter shall not apply to “affordable housing units” provided pursuant to an Affordable Housing Program under Chapter 9 of the Loudoun County Zoning Ordinance.
(Ord. 99-07. Passed 6-16-99; Ord. 16-14. Passed 11-9-16; Ord. 19-13. Passed 7-10-19; Ord. 24-09. Passed 9-11-24.)
(a) The terms used herein shall have the same meaning ascribed to them in the Loudoun County Zoning Ordinance, unless otherwise defined herein. As used in this chapter:
(1) The term "ADU Program" refers to the program established by Chapter 9 of the Loudoun County Zoning Ordinance, as amended, and regulated by this chapter.
(2) The term "ADU rental control price" refers to the County-wide rental control price of ADUs established initially and semiannually thereafter by the Affordable Dwelling Unit Advisory Board ("ADUAB").
(3) The term "ADU sale control price" refers to the County-wide sale control price of ADUs established initially and semiannually thereafter by the ADUAB.
(4) The term "Board" refers to the Loudoun County Board of Supervisors.
(5) The term "certified purchaser" or "certified tenant", us applicable, refers to a person who has met the income criteria established by Chapter 9 of the County Zoning Ordinance and has received a certificate of qualification from the Department of Housing and Community Development, or such other department or division as the Board may hereafter designate.
(6) The term "County" refers to the County of Loudoun, Virginia.
(7) The term "Department" refers to the Department of Housing and Community Development, or such other department or division as the Board may hereafter designate.
(8) The term "development" refers to the property subject of an approved rezoning. special exception, site plan, or subdivision.
(9) The term "judicial sale" refers to the sale of an ADU under the authority and supervision of a federal or state court with jurisdiction in the County.
(10) The term "Loudoun County Zoning Ordinance" or "County Zoning Ordinance" refers to the Zoning Ordinance of Loudoun County, as amended.
(11) The term "non-judicial foreclosure sale" refers to the sale of an ADU pursuant to the foreclosure of a lien secured by a deed of trust, a deed-in-lieu of foreclosure, a foreclosure sale performed by a trustee, or an assignment of the insured mortgage to the United States Department of Housing and Urban Development or to the Virginia Housing Development Authority.
(12) The term “qualified nonprofit” refers to a nonprofit entity whose purpose is to further the provision of affordable housing in the County, which has Internal Revenue Code 501(C)(3) status, adequate cash flow/reserves to purchase property, expertise in property management, and is so designated by the Board.
(13) The term “resale” refers to the sale of an ADU after its initial sale and refers to the voluntary sale of an ADU by its owner subsequent to the initial purchase of such ADU and to the judicial sale of an ADU.
(14) The term “transfer” refers to the sale, resale or non-judicial foreclosure sale of an ADU, and any other form of acquisition of ownership over an ADU.
(Ord. 99-07. Passed 6-16-99; Ord. 19-13. Passed 7-10-19; Ord. 24-09. Passed 9-11-24.)
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