Title
Workforce Housing - For the purpose of the purpose of allowing workforce housing as a permitted use subject to standards in certain residential, commercial, office and mixed use districts; establishing the standards for workforce housing; and generally related to zoning.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 40-22
Introduced by: Alderman Gay
Co-sponsored by: Ald. Schandelmeier
Referred to
Planning Commission
Rules and City Government Committee
AN ORDINANCE concerning
Workforce Housing
FOR the purpose of allowing workforce housing that is affordable to households earning 60 to 100 percent of the area median income.as a permitted use subject to standards in certain residential, commercial, office and mixed use districts; establishing the standards for workforce housing; and generally related to zoning.
BY repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2022 Edition
21.48.010
21.48.020
21.48.030
BY adding the following portions to the Code of the City of Annapolis, 2022 Edition
21.64.675
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY
COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Title 21 - PLANNING AND ZONING
Chapter 21.48 - Use Tables
P = Permitted Uses; S = Special Exception Use; Std = Use Subject to Standards (Chapter 21.64); A = Accessory Use; Blank = Not Permitted
Section 21.48.010 Table of Uses-Residential Zoning Districts
ADD WORKFORCE HOUSING AS PERMITTED USE SUBJECT TO STANDARDS in the R1, R1A, R1B, R2, R2-NC, R3, R3-NC, R3-NC2, R4, R4-R, C1, C1A
21.48.020 Table of Uses-Commercial and Industrial Zoning Districts.
ADD WORKFORCE HOUSING AS PERMITTED USE SUBJECT TO STANDARDS in the B1,B2, B3, B3-CD, BCE, BR, C2, C2A and PM2 (all except I1)
21.48.030 Table of Uses-Office and Mixed Use Zoning Districts.
ADD WORKFORCE HOUSING AS PERMITTED USE SUBJECT TO STANDARDS in P, MX, PM, C2P
Chapter 21.64 - STANDARDS FOR USES SUBJECT TO STANDARDS
SECTION 21.64.645 WORKFORCE HOUSING.
A. THE PROPERTY SHALL CONSIST OF ANY MIX OR TYPE OF DWELLING UNITS.
B. THE PROPERTY SHALL BE ENCUMBERED BY RECORDED DEED RESTRICTIONS THAT STATE THE FOLLOWING:
1. THE UNITS BE RESTRICTED TO OCCUPANCY BY ELIGIBLE
HOUSEHOLDS UNDER THIS SECTION FOR AT LEAST 30 YEARS FOR
HOME OWNERSHIP UNITS AND AT LEAST 40 YEARS FOR RENTAL UNITS
EXCEPT THAT THE DEED RESTRICTIONS MAY BE 15 YEARS FOR
"LEASE
TO PURCHASE" UNITS;
2. AT LEAST 40 PERCENT OF HOME OWNERSHIP UNITS BE OCCUPIED BY
A
HOUSEHOLD WITH AN INCOME THAT DOES NOT EXCEED 100 PERCENT OF THE MEDIAN INCOME ADJUSTED FOR HOUSEHOLD SIZE FOR THE BALTIMORE PRIMARY METROPOLITAN STATISTICAL AREA. AS DEFINED AND PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD);
3. AT LEAST 60 PERCENT OF RENTAL UNITS BE OCCUPIED BY A HOUSEHOLD WITH AN INCOME THAT DOES EXCEED 100 PERCENT OF THE MEDIAN INCOME AJUSTED FOR HOUSEHOLD SIZE FOR THE BALTIMORE PRIMARY METROPOLITAN STATISTICAL AREA AS DEFINED AND PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
4. THE INITIAL TRANSFER OR RENTAL OF A HOME OWNERSHIP UNIT TO THE ORIGINAL BUYER OF THAT UNIT SHALL BE ACCOMPANIED BY A CERTIFICATION FROM THE CITY OF ANNAPOLIS THAT THE BUYER'S HOUSEHOLD INCOME DOES NOT EXCEED THE MAXIMUM ALLOWED FOR THAT UNIT; AND
5. IF THE ORIGINAL BUYER OF A HOME OWNERSHIP UNIT TRANSFERS TITLE TO THAT UNIT WITHIN 10 YEARS, THE TRANSFER SHALL BE ACCOMPANIED BY A CERTIFICATION FROM THE CITY OF ANNAPOLIS THAT THE TRANSFEREE'S HOUSEHOLD INCOME DOES NOT EXCEED THE MAXIMUM ALLOWED FOR THAT UNIT.
6. A PROPERTY THAT MEETS THE REQUIREMENTS FOR WORKFORCE HOUSING SET BY THESE STANDARDS SHALL BE EXEMPT FROM THE MPDU REQUIREMENTS AS DEFINED BY SECTION 20.30.030 OF THE CITY OF ANNAPOLIS CODE OF ORDINANCES.
C. THE FOLLOWING BULK REGULATIONS SHALL BE APPLICABLE:
1. DENSITY, SETBACKS, AND HEIGHT REQUIREMENTS SHALL BE GOVERNED BY THE BULK REGULATIONS FOR THE R4 ZONING DISTRICT.
2. COMMON OPEN SPACE. PERMANENT USABLE COMMON OPEN SPACE SHALL BE IDENTIFIED AND DEDICATED FOR PASSIVE RECREATIONAL ACTIVITIES OR LIMITED ACTIVE RECREATION, SUBJECT TO THE FOLLOWING REQUIREMENTS. THE AREA REQUIRED FOR PARKING LOT LANDSCAPING OR BUFFERS SHALL NOT BE INCLUDED IN THE COMMON OPEN SPACE CALCULATION.
D. THE INITIAL ALLOWABLE MAXIMUM RENTAL RATES FOR RENTAL UNITS SHALL BE ESTABLISHED BY THE DEVELOPER AND APPROVED BY THE CITY OF ANNAPOLIS DEPARTMENT OF PLANNING AND ZONING .
E. SITE DESIGN PLAN REVIEW IN ACCORDANCE WITH REQUIREMENTS OF CHAPTER 21.22 OF THE CITY CODE IS REQUIRED.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE
ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from the date of its passage.
Explanation:
UPPERCASE indicates matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments.