Loading...
§ 156.077 APPLICATION REQUIREMENTS AND PROCEDURES.
   (A)   Application requirements and specific procedures will be maintained on file in the office of the Building Official.
   (B)   Permit requests will be considered for completed applications only.
   (C)   Applications for a building permit will be accepted at any time during the allocation cycle, starting on the first day of a semi-annual allocation cycle.
   (D)   If the number of building permit applications exceeds the available supply for the semiannual allocation cycle, no further permits will be issued.
   (E)   Each permit application shall be made pursuant to a specific set of plans for a specific lot or parcel. Plan substitutions are not allowed. Minor revisions are allowed only to plans under review or that have been issued a building permit upon approval of the Building Official. Substantial revisions may require resubmittal.
   (F)   Permits will be issued only in the applicant’s name.
      (1)   For purposes of this system, the applicant is the owner of record of the lot for which the permit is sought and who has a present possessory interest in the lot, to include the right of unfettered access and authority to convey.
      (2)   For purposes of this system, an applicant and any person, firm, corporation, partnership or other entity in which the applicant holds an interest, shall be considered the same applicant. For purposes of this system, an applicant and his or her spouse and unemancipated children under 21, shall be considered the same applicant.
      (3)   Proof of ownership and such other information as may be reasonably requested to determine an applicant’s eligibility for a permit must be supplied upon request. Proof of ownership, including but not limited to affidavits detailing information such as business relationships and membership in entities like LLCs and corporations, may be routinely required. The town will consider substance, not mere form, in the interpretation of this section to ensure that an applicant is an owner, in law and in fact.
(Ord. 18097, passed 1-8-19)
§ 156.078 COMMENCEMENT OF CONSTRUCTION.
   Construction authorized under permits issued pursuant to this allocation system shall commence within six months from the date the Building Official issues the building permit. Otherwise, the permit will become invalid and be made available within the allocation cycle.
   (A)   Construction may be considered to have begun upon the initiation of site work and foundation construction, provided additional improvements progress in a reasonable timeframe toward completion of the project.
   (B)   A lapse of construction activities for a period of six months shall invalidate the permit and the allocation will become available as a new allocation under this system.
(Ord. 18097, passed 1-8-19)
§ 156.079 EXEMPTIONS.
   (A)   Additions, renovations, or replacement. Permit allocation does not apply to additions or renovations to an existing residential building. Replacement of a residential building on a lot where one has existed within the past five years from the date of application is also exempt from permit allocation.
   (B)   Affordable housing units. For purposes of this system, housing units to provide dwellings for either low income or lower income employees in the workforce are not included in the allocation specified in this section and are in addition to the number of annual permits regulated by this section.
      (1)   These units are intended to provide affordable housing ownership opportunities for persons whose incomes are either (a) less than 80% of the area median family income (AMI) or (b) range between 80% and 120% of the area median family income (AMI) for the Charleston/North Charleston metropolitan statistical area.
      (2)   The monthly mortgage payments for the owner of the dwelling unit shall not exceed 28% of 80% of the gross median family monthly income as reflected in the sale price using the Fannie Mae Foundation Mortgage Calculator (or comparable methodology), assuming a 10% down payment and a specified interest rate. The specified interest rate shall be determined by selecting the lowest 30-year fixed mortgage rate reported by area lending institutions at the time when the updated U.S. Department of Housing and Urban Development income limits become available.
      (3)   The income limits and maximum sales prices for low income families and owner-occupied dwelling units established by the U.S. Census Bureau, the U.S. Department of Housing and Urban Development (HUD), and the Fannie Mae Foundation shall be used to determine the provision of low income or lower income workforce housing. The maximum sale price shall be updated yearly, commencing in 2023, as the current U.S. Department of Housing and Urban Development income limits become available.
      (4)   Applying similar federal requirements in Title 26 US Code §42 to qualify for low-income housing credits, the dwelling unit must remain at the affordable workforce housing price for ten years. Resale of affordable workforce dwelling units shall be limited by deed restriction to the original sales price, adjusted for inflation, and to a purchaser eligible, as described in this article, for a period of not less than ten years after issuance of the certificate of occupancy. Funding sources and other factors may require a longer term of afford ability. The increase permitted for inflation shall be based upon the increase in the Consumer Price Index (CPI)
      (5)   Affidavits will be required that set forth the sale prices of the units and verify that the units are, in fact, available to workforce housing purchasers, and will initially be owned and occupied by persons qualified per the provisions of this section.
(Ord. 18097, passed 1-8-19; Am. Ord. 23035, passed 1-11-24)
Loading...