In the Year Two Thousand Twenty-Three

ORDINANCE 9.02

Sponsor(s): Office of City Planning,

Planning Commission

Public Hearing Date: 03/27/23

First reading: 02/21/23

Referred to: Ordinance Committee

Rules suspended and placed in all stages of passage:

Second reading: 03/27/23

Action: adopted

Date: 03/27/23

Signed by Mayor: 04/06/23

Published: 04/19/23

Effective: 05/10/23

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of Burlington, be and hereby is amended by amending Sections 9.1.8 Inclusionary Units, Rentals and Sales; and 9.1.14 General Requirement for Inclusionary Units; thereto to read as follows:

Sec. 9.1.8 Inclusionary Units, Rentals and Sales

For covered projects in which units are offered for rent or sale, a base of fifteen percent (15%) of all of the dwelling units in the project, graduated as specified in Table 9.1.8-1, shall be designated as inclusionary units.

This includes any covered project where units are offered for sale via the conveyance of a deed or share for individual units, including fee simple ownership, condominium ownership and cooperative ownership.

Sec. 9.1.14 General Requirements for Inclusionary Units

All covered projects must comply with the requirements set forth below.

(a) In order to assure an adequate distribution of inclusionary units by household size, the bedroom mix of inclusionary units in any project shall be in the same ratio as the bedroom mix of the non-inclusionary units of the project.

(b) The bedroom mix requirements established in Section 9.1.14(a) do not apply when the ratio of the gross floor area of all inclusionary dwelling units to the total gross floor area of all dwelling units within the project exceeds the required percent of inclusionary units as established in Table 9.1.8-1, based on the project's average unit sale and rental price (e.g. where at least 15.5 percent of a project's residential gross floor area is composed of inclusionary units when the project's average sale and rental price is affordable to a household earning less than 139% of AMI);

(bc) Rental inclusionary units within a covered project may "float" (as opposed to designating specific units). Owner-occupied inclusionary units within a covered project must be specifically designated. In either case, inclusionary units may be grouped together or distributed throughout a covered project;

(cd) Covered projects including both rental and owner-occupied dwelling units shall provide inclusionary units proportionate to the numbers of rental and owner-occupied dwelling units;

(de) Inclusionary units may differ from the market units in a covered project with regard to interior amenities and gross floor area, provided that:

1. These differences, excluding differences related to size differentials, are not apparent in the general exterior appearance of the project's units;

2. These differences do not include insulation, windows, heating systems, and other improvements related to the energy efficiency of the project's units; and,

3. Inclusionary units are afforded the same opportunity for parking that the market units are afforded.

(ef) The floor area of the inclusionary units is not less than ninety percent (90%) of the average gross floor area of the market rate units within the project with the same number of bedrooms, except when the ratio of the gross floor area of all inclusionary dwelling units to the total gross floor area of all dwelling units within the project exceeds the required percent of inclusionary units as established in Table 9.1.8-1, based on the project's average unit sale and rental price (e.g. where at least 15.5 percent of a project's residential gross floor area is composed of inclusionary units when the project's average sale and rental price is affordable to a household earning less than 139% of AMI).

1. When the gross floor area ratio described above is proposed, the minimum gross floor area of inclusionary units by bedroom count is as follows:

i. Studio: 350 sf

ii. 1 bedroom: 550 sf

iii. 2 bedroom: 750 sf

iv. 3 bedroom: 950 sf

v. 4+ bedroom: 1,150+ sf

(fg) Upon demonstration of inability to sell units to income eligible residents earning 70% of the AMI, the Manager of the HTF may extend income eligibility to allow priority in the sale of inclusionary units to households earning as much as AMI, ad­justed for household size and to households residing in Burlington at the time that these units are offered for sale. In extending income eligibility, priority shall be given to the lowest income household who qualifies for purchase, all else being equal;

(gh)Except for household income limitations as set forth herein, occupancy of any inclusionary unit shall not be limited by any conditions that are not otherwise applicable to all units within the covered project unless required under federal law, e.g. local use of the Low Income Housing Tax Credit, or in conflict with the stricter bylaws of the designated housing agency; and

(hi) The final calculations for the number of inclusionary units shall be determined by the Manager prior to the issuance of the zoning permit. If there is any change in the project due to sales prices for these units that increases the number of inclusionary units required, such modifications shall be determined by the Manager and communicated to the administrative officer prior to the issuance of a certificate of occupancy for the covered project. The rental or sales price of the inclusionary units shall also be determined by the Manager prior to the issuance of a certificate of occupancy.

* Material stricken out deleted.

** Material underlined added.

Planning/KS/Ordinances 2023/ZA-23-02 Inclusionary Zoning Percentages and General Reqt's for Inclusionary Units

CDO Sections 9.1.8, 9.1.14

2/21/23