(9) Reporting.

All affordable units produced pursuant to the requirements of this overlay shall be included in the annual report published pursuant to § 14-702(7)(f) (Reporting).

§ 14-534. /AHP, Affordable Housing Preservation Overlay District. 592

 

Notes

592	Added, Bill No. 210778-AA (became law March 24, 2022); amended, Bill No. 220007 (became law October 6, 2022); amended, Bill No. 220921 (approved January 10, 2023).

(1) Applicability.

The Affordable Housing Preservation Overlay District shall apply to any lot that is, or as of March 23, 2022 was:

(a)   Located in the area bounded by Filbert Street, 39th Street, Market Street and 40th Street;  593

(b)   A lot with frontage on Market Street, 39th Street, and Filbert Street;

(c)   Located in the area bounded by Market Street, 44th Street, Ludlow Street and 45th Street;

(d)   A lot with frontage on Market Street, 45th Street, and Ludlow Street; or

(e)   Located in the area bounded by Sansom Street, 45th Street, Walnut Street, and 46th Street.

 

Notes

593	Amended, Bill No. 230322 (approved June 21, 2023).

(2) Exceptions to Applicability for Properties with Qualified Low-Income Housing Developments.

(a)   Definition of Qualified Low-Income Housing Development.

For the purposes of this § 14-534, a Qualified Low-Income Housing Development is a housing development composed of forty or more dwelling units, all of which are under common ownership, located on the same lot as of March 23, 2022, and are leased or intended to be leased to households for occupancy as their primary residences, where all of the following conditions apply:

(.1)   More than fifty percent (50%) of the dwelling units are leased to or reserved for households earning up to fifty percent (50%) of the Area Median Income, adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Statistical Area;

(.2)   The average monthly costs (including rent and utilities) across the entire housing development at issue does not exceed thirty percent (30%) of gross monthly income for households earning up to sixty percent (60%) of the Area Median Income (AMI), adjusted for average household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;

(.3)   The property is deed restricted to maintain the affordability provisions of subsections (2)(a)(.1) and (.2), above, for at least 50 years following any application for zoning permits for the property that include a use that falls within an Office Use Category or Industrial Use Category as certified by affidavit and by submission of a copy of that deed restriction at the time of zoning permit application.

(b)   For any lot that contains a Qualified Low-Income Housing Development, subsections (3) and (5) of this § 14-534 do not apply to entirely nonresidential structures, provided that the Qualified Low-Income Housing Development has been maintained with the same number of total bedrooms that were in existence as of March 23, 2022, as certified by affidavit submitted at the time of zoning permit application.

(3) Use Regulations.

Uses other than residential uses or required off-street parking may only be located on the ground floor of a building.