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)