The following standards shall apply in addition to those of the applicable base zoning district:
(a) At least fifteen percent (15%) of all dwelling units (rounded up, if fractional) shall be provided and maintained as affordable on the same site as all other dwelling units.
(b) Including dwelling units provided pursuant to subsection (a), above, a minimum of twenty percent (20%) of all dwelling units and twenty percent (20%) of all sleeping units (rounded up, if fractional) shall be provided and maintained as affordable on the same site as all other dwelling units, except as follows:
(.1) The applicant may request that the Department of Planning and Development grant a waiver, such that, in lieu of meeting the conditions of subsection (b), above, the applicant may instead meet at least one of the following conditions, in addition to the requirement of subsection (a):
(.a) Including dwelling units provided pursuant to subsection (a), above, a minimum of twenty percent (20%) of all dwelling units and twenty percent (20%) of all sleeping units (rounded up, if fractional) shall be provided and maintained as affordable within one-half mile of the remaining units included in the Residential Housing Project; or
(.b) An owner has entered into a binding agreement with the City, prior to the issuance of a building permit, pursuant to which the owner has tendered to the City a payment in lieu of providing affordable housing and the Department of Planning and Development has agreed to use such money for the purposes set forth in Section 21-1605 (Trust Fund Assets Held in the Non- Recording Fee Sub-Fund) or Section 21-1603 (Creation, Distribution and Use of the Trust Fund's Assets), including to defray any additional administrative costs associated with the review and enforcement of affordable housing units required by this Mixed Income Neighborhoods Overlay. The payment shall be calculated as follows:
(i) For lots located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district: the maximum total gross floor area allowed under this § 14-533, multiplied by nine dollars ($9);
(ii) For lots located in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district: the maximum total number of dwelling units allowed under this § 14-533, multiplied by ten thousand nine hundred dollars ($10,900); and
(iii) For lots located in any other zoning district: the sum of the number of sleeping units divided by two and the number of dwelling units, multiplied by ten thousand nine hundred dollars ($10,900).
(.2) The Department of Planning and Development shall only grant this waiver upon a demonstration of exceptional circumstances based on a particular substantial public benefit that would be derived from the proposed off-site development or that the granting of the waiver would otherwise further the general purposes of this Chapter in a particular way, as may be further defined in regulations of the Commission. This waiver may specify which of the options listed in subsection (.1), above, shall be available to the application.
(.3) An applicant may only submit a request for this waiver after having submitted an application for a zoning permit to L&I for the relevant Residential Housing Project. If the Department of Planning and Development does not respond to a written request for this waiver within 45 days of its receipt, the request will be deemed granted, provided that the waiver shall specify that only option (.b), above, shall be available to the applicant.
(.4) The Department of Planning and Development and the Commission are authorized to promulgate regulations to implement the provisions of this subsection (b). These regulations may include other requirements and penalties for non-compliance.
(c) For any lot to which this Overlay District applies that is located within the Third Councilmanic District, the requirements of §§ 14-533(3)(a) and (3)(b)(.1) shall be deemed to have been satisfied, without the requirement of the grant of a waiver, provided all the following conditions are met: 588
(.1) A portion of the lot was subdivided and transferred to the City, with respect to which portion the Director of Planning and Development has certified, in the Director's sole discretion, that the City intends to build, itself or through a third-party developer, affordable dwelling units that meet all the conditions of subsection (6) (Affordability) below, which units will satisfy affordable housing requirements in connection with the lot with respect to which zoning approval is sought (which transferred portion is referred to in this subsection (c) as the "City Lot"). Those units identified in such certification, in combination with any other affordable dwelling units to be provided on the lot with respect to which zoning approval is sought, must equal or exceed the number of affordable dwelling units that would be necessary to satisfy the requirements of § 14-533(3)(a) if all such affordable dwelling units were provided on the same lot;
(.2) At the time of the transfer, the City Lot was part of the same lot on which all other dwelling units will be provided; and
(.3) The applicant meets the conditions of § 14-533(3)(b)(.1)(.b), provided that the value of the City Lot transferred pursuant to subsection (.1) shall be deducted, on a dollar-per-dollar basis, from the payment calculated under that subsection.
(.a) The value of the City Lot shall be based on the average of (i) the City's assessed value of the original parent lot and (ii) an appraisal, identified by the applicant, by a third-party certified appraiser that was made within 18 months of the transfer, multiplied by the fraction of the size of the City Lot as the numerator and the size of the parent lot from which the City lot was subdivided out as the denominator.
(.b) If the value of the payment calculated in § 14-533(3)(b)(.1)(.b) exceeds that of the City Lot, the applicant shall tender a payment to the City in the amount of the balance pursuant to the requirements of such subsection.
(.c) If the value of the City Lot exceeds that of the payment calculated in § 14-533(3)(b)(.1)(.b), the applicant shall not be entitled to compensation or refund in any manner.
(.4) The provisions of this subsection (c) shall apply to and benefit the entire remaining lot from which the City Lot was divided, notwithstanding the future subdivision of such remaining lot; provided, however, that each affordable dwelling unit identified in the Director of Planning and Development's certification under subsection (3)(c)(.1) above shall only be credited once in connection with the affordable dwelling unit requirement applicable to such remaining lot as it may be subdivided.
(.5) Subsections (.2) and (.3) of § 14-533(3)(b) shall not apply to application of this subsection (c).
(d) Any development that meets either of the following conditions will not be required to meet the requirements of subsections (a) and (b), above:
(.1) The applicant demonstrates to the satisfaction of the Department of Planning and Development that fifty-one percent (51%) or more units will meet the definition of “Affordable Housing Property” under subsection 7-202(1); or
(e) Household Living is permitted in accordance with Table 14-533-1. The notes for Table 14-533-1 are as follows:
[1] In the RM-1 district, the minimum lot area required per dwelling unit is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.a) A minimum 240 sq. ft. of lot area is required per dwelling unit for the first 1,440 sq. ft. of lot area.
(.b) A minimum of 320 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,440 sq. ft
[2] In the CMX-1 and CMX-2 districts, a minimum of 320 sq. ft. of lot area is required per dwelling unit, provided that whenever the calculation of the permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number.
[3] In the CMX-2.5 district, the minimum lot area required per dwelling unit is as follows, provided that, whenever the calculation of the permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number.
(.a) A minimum of 240 sq. ft. of lot area is required per dwelling unit for buildings less than or equal to 45 ft. in height.
(.b) A minimum of 180 sq. ft. of lot area is required per dwelling unit for buildings greater than 45 ft. in height.
District Name | RSD-1/2/3; RSA-1/2/3/4/5 | RTA-1 | RM-1 | CMX-1/2 | CMX-2.5 | RM-2/3/4, RMX-1/2/3, CMX-3/4/5, IRMX, SP-ENT | CA-1/2, ICMX, I-1/2/3/P, SP-INS/STA/ PO-A/PO-P/AIR |
Y = Yes permitted as of right | N = Not allowed (expressly prohibited) See § 14-533(3)(e) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. | |||||||
Residential Use Category
| |||||||
Household Living (as noted below) | |||||||
Single-Family | Y | Y | Y | Y | Y | Y | N |
Two-Family | N | Y | Y | Y | Y | Y | N |
Multi-Family | N | N | Y [1] | Y [2] | Y [3] | Y | N |
Notes
| 588 | Added and subsequent subsections renumbered, Bill No. 230323 (approved June 21, 2023). |
| 589 | Enrolled bill referenced "§ 14-702(7)(.1)(.a)"; reference corrected by Code editor. |
| 590 | Amended, Bill No. 230323 (approved June 21, 2023). |