(a) The initial sale of ADUs shall be regulated by the Board or its designee.
(b) The Board, or its designee, which may include qualified nonprofits, shall have the right of first refusal to purchase up to one-third of the for-sale ADUs to be provided within a development pursuant to Chapter 9 of the County Zoning Ordinance for a ninety-day purchase option period for each ADU. The following requirements apply to such period:
(1) The ninety-day purchase option period shall begin on the date of receipt of written notice from the owner, sent by registered or certified mail, advising the Board, or its designee, that a particular ADU is, or will be, available for purchase.
(2) Such written notice may be sent by the owner at any time after the issuance of a zoning permit for the ADU that is being offered for sale.
(3) The written notice shall state the following information:
A. The number of bedrooms in each ADU;
B. Floor area (in square feet) of each ADU;
C. Amenities;
D. The target date for each ADU’s occupancy;
E. The number of ADUs available and their location within the development;
F. The address of each ADU, which shall include the parcel identification number;
G. Any type of special financing which may be available; and
H. A copy of the approved subdivision plat, condominium plat and/or site plan for the development in which the ADU is located.
(4) If the Board or its designee elects to purchase a particular ADU, the Board or its designee shall so notify the owner, in writing, within the ninety-day purchase option period. Failure to so notify the owner shall be deemed a refusal of purchase of the ADU.
(5) The closing shall occur within thirty days from the end of the respective ninety-day period, provided an occupancy permit has been issued for the ADU, or thirty days after the issuance of the occupancy permit, whichever is later.
(c) The remaining two-thirds of the for-sale ADUs required to be provided within a development pursuant to
Chapter 9
of the County Zoning Ordinance shall be offered for sale exclusively to certified purchasers for a ninety-day purchase option period for each ADU. The following requirements apply to such period:
(1) The ninety-day purchase option period shall begin on the date the Board or its designee receives written notice from the owner, sent by registered or certified mail, advising the Board or its designee that a particular ADU is or will be available for purchase.
(2) Such written notice may be sent by the owner at any time after the issuance of a zoning permit for the ADU that is being offered for sale.
(3) Such written notice shall state the following information:
A. The number of bedrooms in each ADU;
B. Floor area (in square feet) of each ADU;
C. Amenities;
D. The target date for each ADU’s occupancy;
E. The number of ADUs available and their location within the development;
F. The address of each ADU, which shall include the tax map and parcel identification number;
G. Any type of special financing which may be available; and
H. A copy of the approved subdivision plat, condominium plat, and/or site plan for the development in which the ADU is located.
(4) The sale agreement to purchase the ADU shall be executed by the certified purchaser within the ninety-day purchase option period. The closing shall occur within thirty days from the end of the respective ninety-day period, provided an occupancy permit has been issued for the ADU, or thirty days after the issuance of the occupancy permit, whichever is later.
(d) After the expiration of the ninety-day purchase option period referenced in subsections (b) and (c) hereof, ADUs not sold, or not under contract to be sold, shall be offered for sale exclusively for a thirty-day purchase option period to qualified nonprofits. The following requirements apply to such thirty-day period:
(1) The thirty-day purchase option period for each ADU shall begin at the expiration of the ninety-day purchase option period referenced in subsections (b) and (c) hereof, and upon the date of receipt of written notice from the owner, sent by registered or certified mail, advising the qualified nonprofits that a particular ADU is or will be available for purchase.
(2) The written notice shall include the following information:
A. The number of bedrooms in each ADU;
B. Floor area (in square feet) of each ADU;
C. Amenities;
D. The target date for ADUs availability/occupancy;
E. The number of ADUs and their location within the development;
F. The address of each ADU, which shall include the parcel identification number;
G. Any type of special financing available; and
H. A copy of the approved subdivision plat, condominium plat, and/or site plan for the development in which the ADU is located.
(3) If a qualified nonprofit elects to purchase a particular ADU, it shall so notify the owner in writing within the thirty-day purchase option period. The closing shall occur within thirty days from the end of the respective thirty-day purchase option period, provided an occupancy permit has been issued for the ADU, or thirty days after the issuance of an occupancy permit, whichever is later. ADUs purchased by qualified nonprofits shall remain as for-sale ADUs.
(e) After the expiration of the purchase option periods referenced in subsections (b), (c) and (d) hereof, ADUs which are not sold can be sold as market rate units, provided that the difference between the actual sales price and the ADU sale control price shall be divided equally between the seller and the County Housing Trust. Any amount that remains unpaid shall automatically become a lien on the ADU with priority over any other lien recorded after the declaration of ADU covenants on such ADU as provided in section 1450.08(a)(1)D. of this chapter. Such lien shall also attach to any proceeds from the resale of such ADU, as applicable, with the same priority as provided herein.
(Ord. 99-07. Passed 6-16-99; Ord. 19-13. Passed 7-10-19; Ord. 24-09. Passed 9-11-24.)