The purposes of this chapter are to:
A. Implement the Whitefish Strategic Housing Plan;
B. Promote and provide incentives for the construction of legacy homes that are permanently affordable to the community's workforce;
C. Retain opportunities for people that work in the City to also live in the City;
D. Provide a full-range of housing choices for a variety of ages, income levels and family sizes;
E. Ensure residents and future generations can afford to reside within the City; and
F. Encourage new development to achieve a reasonable balance between market rate housing and affordable housing through the use of incentives and other means to help offset potential costs. (Ord. 19-15, 7-15-2019; amd. Ord. 21- 11, 8-16-2021)
A. Applicability: The requirements of this Chapter and incentives found in section 11-1A-7 apply to the following types of developments that voluntarily include permanently affordable Legacy Homes units or alternatives:
1. Major subdivisions (subsection 12-3-3A of this Code);
2. Minor subdivisions (subsection 12-3-3B of this Code);
3. Residential planned unit developments (subsection 11-2S-2A of this title);
4. Mixed use planned unit developments with more than one residential unit (subsection 11-2S-2B of this title); and
5. Two-family or multi family residential developments.
B. Number Of Affordable Units: To qualify for the incentives, at least ten percent (10%) of all new dwelling units in a residential or mixed-use development must be permanently deed restricted as affordable units or a qualifying alternative per subsection 11-1A-4 is provided. If application of the ten percent (10%) requirement results in a fractional unit, an in-lieu fee may be paid for the fractional unit or rounded up to the next full unit.
C. Deed Restrictions: To ensure long-term affordability, all affordable units will be subject to deed restrictions.
D. Affordability: To qualify for incentives, affordable units must be provided for a range of household sizes and incomes relative to the area median income, as updated annually by the United States Department of Housing and Urban Development.
1. Rental Units: The following requirements apply to affordable rental units:
a. Rents charged must be affordable to households earning sixty percent (60%) to eighty percent (80%) of the area median income.
b. For each income range, the maximum monthly rent charged shall be calculated as set forth in the Whitefish Legacy Homes Program Administrative Procedures.
c. The affordable rental units must be dispersed throughout the sixty percent (60%) to eighty percent (80%) range proportionately such that the average of all units is affordable to households earning seventy percent (70%) of area median income.
2. Ownership Units: The following requirements shall apply to affordable ownership units:
a. Ownership units must be affordable to households earning 80.01 percent to one hundred twenty percent (120%) of the area median income.
b. The initial sales price of affordable ownership units shall be calculated as set forth in the Whitefish Legacy Homes Program Administrative Procedures.
c. The affordable ownership units must be dispersed throughout the 80.01 percent to one hundred twenty percent (120%) range proportionately such that the average of all units is affordable to households earning one hundred percent (100%) of area median income. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)
A. Relationship Of Affordable Units To Market Rate Units:
1. Mixed Dwelling Unit Types: In developments with a mixture of housing types, including, without limitation, single-family detached units, townhomes, duplex, and triplex, the affordable units must be comprised of the different housing types in the same proportion as the market rate units.
2. Detached Dwelling Units: In developments containing only single-family detached units, up to one-half (1/2) of the affordable units may be attached single-family units (duplex, triplex, townhouse).
3. Subdivision Only: In developments that involve only the subdivision of land, the affordable unit types must be consistent with the needs identified at the time of approval. Unless an alternative means of compliance is proposed as set forth in section 11-1A-4 of this chapter, the applicant must provide a financial guarantee as set forth in the Whitefish Legacy Homes Program Administrative Procedures that will be released upon issuance of the certificate of occupancy for that affordable unit.
4. Ownership Type: The proportion of affordable ownership units and affordable rental units must be the same as that of the market rate units.
5. Number Of Bedrooms: Affordable units must have the same proportion of studio, one-, two-, and three-bedroom dwelling units as in the market rate units, provided the proportion is responsive to the needs identified at the time of approval. Three-bedroom affordable units satisfy this requirement for market units with four (4) or more bedrooms.
B. Quality, Size And Amenities Of Affordable Units:
1. Quality Of Units: The exterior of affordable units must be constructed with similar quality, design and materials to the market rate units and must be architecturally compatible with surrounding development. Storage space, balconies, decks, and private yards similar to market rate units must be provided.
2. Size Of Units: The sizes of affordable units may vary but the minimum square footage and the minimum average square footage must comply with the standards set forth in the Whitefish Legacy Homes Program Administrative Procedures.
3. Access To Amenities: When affordable units are provided onsite, the owners and renters of the affordable units must have access to amenities equal to that of the owners and renters of the market rate units. Such amenities include, but are not limited to, parks, outdoor play areas, pools, exercise facilities, clubhouses and similar on-site amenities.
C. Location And Timing:
1. Location Of Affordable Units: Affordable units must be distributed evenly throughout the development to achieve integration and avoid concentration or segregation of the affordable households.
2. Timing Of Construction: The construction of onsite affordable units must be timed such that the units shall be constructed and pass final inspection concurrently or prior to the market rate units in the development. When construction is phased, affordable units must be constructed and offered for sale in proportion to market rate units.
3. Timing Of Marketing: Onsite affordable units must be marketed concurrently with or prior to the market rate units in the development. (Ord. 19-15, 7-15-2019; amd. Ord. 21-11, 8-16-2021)
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