§ 15.2-735.1. Affordable dwelling unit ordinance; permitting certaindensities in the comprehensive plan.
A. In a county that provides in its comprehensive plan for the physicaldevelopment within the county, adopted pursuant to § 15.2-2223, for densitiesof development ranging between a floor area ratio (FAR) of 1.0 FAR and 10.0FAR, or greater, the governing body may adopt as part of its zoning ordinancerequirements for the provision of (i) on-site or off-site "AffordableDwelling Units," as defined herein, or (ii) a cash contribution to thecounty's affordable housing fund, in lieu of such units, in such amounts asset out herein, as a condition of the governing body's approval of a specialexception application for residential, commercial, or mixed-use projects witha density equal to or greater than 1.0 FAR, or an equivalent density based onunits per acre. Residential, commercial, or mixed-use projects with a densityless than 1.0 FAR, or an equivalent density based on units per acre, shall beexempt from the requirements of this section and the county's zoningordinance adopted pursuant to this section. The county's zoning ordinancerequirements shall provide as follows:
1. Upon approval of a special exception application approving a residential,commercial, or mixed-use project with a density equal to or greater than 1.0FAR, or an equivalent density based on units per acre, the applicant shallprovide on-site Affordable Dwelling Units as part of the project the totalgross square footage of which units shall be 5% of the amount of the grossfloor area of the project that exceeds 1.0 FAR or an equivalent density basedon units per acre. For purposes of this section, "applicant" shall mean theperson or entity submitting a special exception application for approval of aresidential, commercial or mixed-use project in the county and shall includethe successors or assigns of the applicant.
2. As an alternative, upon approval of a special exception applicationapproving a residential, commercial, or mixed-use project with a densityequal to or greater than 1.0 FAR, or an equivalent density based on units peracre, the applicant may elect to provide any one of the following:
a. Affordable Dwelling Units shall be provided off-site at a location withinone-half mile of any Metrorail Station for projects within a Metro StationArea as defined in the county's comprehensive plan, or within one-half mileof the residential, commercial, or mixed-use project for projects not withina Metro Station Area, as provided in the county's zoning ordinance, the totalgross square footage of which units shall be 7.5% of the amount of the grossfloor area of the project that is over 1.0 FAR or an equivalent density basedon units per acre, or
b. Affordable Dwelling Units shall be provided off-site at any otherlocations in the county other than those provided in the county's zoningordinance in accordance with subdivision a, the total gross square footage ofwhich units shall be 10% of the amount of the gross floor area of the projectthat is over 1.0 FAR, or an equivalent density based on units per acre, or
c. A cash contribution to the county's affordable housing fund, whichcontribution shall be calculated as follows for each of the below-describeddensity tiers:
(1) One and one-half dollars per square foot of gross floor area for thefirst tier of density between zero and 1.0 FAR, or an equivalent densitybased on units per acre.
(2) Four dollars per square foot of gross floor area for the tier of densityin residential projects between 1.0 FAR and 3.0 FAR, or an equivalent densitybased on units per acre, and $4 per square foot of gross floor area for thetier of density in commercial projects above 1.0 FAR.
(3) Eight dollars per square foot of gross floor area for the tier of densityin residential projects above 3.0 FAR, or an equivalent density based onunits per acre.
(4) For mixed-use projects, cash contributions shall be calculated byapplying the proportionate amount of commercial and residential gross floorarea to each tier.
The cash contribution shall be indexed to the Consumer Price Index forHousing in the Washington-Baltimore MSA as published by the Bureau of LaborStatistics and shall be adjusted annually based upon the January changes tosuch index for that year.
3. The applicant shall provide the county manager or his designee, prior tothe issuance of the first certificate of occupancy for the residential,commercial, or mixed-use project, a written plan of how the applicantproposes to address the provision of Affordable Dwelling Units or cashcontribution as provided in this section and the provisions of the zoningordinance adopted pursuant to this section. The county manager or hisdesignee shall approve or disapprove the applicant's plan in writing within30 days of receipt of the written proposal from the applicant. If the countymanager or his designee disapproves of the applicant's plan, specific reasonsfor such disapproval shall be provided.
4. An applicant may submit a written plan to be considered by the governingbody or its designee to address the provision of Affordable Dwelling Units orcash contribution as provided in this section and the provisions of thezoning ordinance adopted pursuant to this section that deviate from therequirements of this section and the ordinance. Any such deviations may beapproved in accordance with the procedures established in the county's zoningordinance, which procedures shall include a provision for an appeal to thegoverning body of any administrative decision relative to the written plansubmitted by the applicant.
5. The ordinance adopted by the county pursuant to this section may providethat, in the discretion of the governing body and with the agreement of theapplicant, at the time of consideration of the special exception application,the above requirements may be totally or partially substituted for othercompelling public priorities established in plans, studies, policies, orother documents of the county.
6. Applications for a special exception approval of a residential,commercial, or mixed-use project that results in the demolition andrebuilding of an existing project shall be subject to the requirements ofthis section and the zoning ordinance adopted pursuant to this section at thetime of redevelopment; however, only density that is replaced or rebuilt andany increased density shall be subject to the requirements. This section andthe county's zoning ordinance adopted pursuant to this section shall notapply to rehabilitation or renovation of existing residential, commercial, ormixed-use projects.
7. For purposes of this section "Affordable Dwelling Unit" means unitscommitted for a 30-year term as affordable to households with incomes at 60%of the area median income.
B. This section shall apply to an application for a special exceptionapproval for a residential, commercial, or mixed-use project with a densityprovided for by the County's comprehensive plan designation for the propertythat is the subject matter of the application. This section shall furtherapply to such an application that requires rezoning of the property that isthe subject matter of the application to permit a use provided for by thecounty's comprehensive plan designation for the subject property.
C. The ordinance adopted by the county pursuant to this section may providethat an application for approval of a special exception for a residential,commercial, or mixed-use project that requests an increase in density thatexceeds the density provided for by the county's comprehensive plandesignation for the property that is the subject matter of the applicationshall be subject to an affordable housing requirement in addition to therequirements of this section and the zoning ordinance adopted pursuant tothis section.
D. The ordinance adopted by the county pursuant to this section or otherprovisions of law may provide that an application that requests to amend thecounty's comprehensive plan designation for the subject property to a higherdensity designation may be subject to an affordable housing requirement inaddition to the requirements of this section and the zoning ordinance adoptedpursuant to this section.
E. The ordinance adopted by the county pursuant to this section may providethat applications for a special exception approval for residential,commercial, or mixed-use projects that result in the elimination of existingunits affordable to households with incomes equal to or below 80% of the areamedian income address replacement of the eliminated units as a condition ofthe governing body's approval of the special exception application.
F. With the exception of the authority under § 15.2-2304, this sectionestablishes the legislative authority for the county to obtain AffordableDwelling Units in exchange for the approval of a special exceptionapplication for a residential, commercial, or mixed-use project in thecounty, and a special exception may not be used in combination with any otherprovision of law in Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 to obtainAffordable Dwelling Units from an applicant. Nothing in this section shall beconstrued to repeal the county's authority under any other provision of law.
§ 15.2-735.1. Affordable dwelling unit ordinance; permitting certaindensities in the comprehensive plan.
A. In a county that provides in its comprehensive plan for the physicaldevelopment within the county, adopted pursuant to § 15.2-2223, for densitiesof development ranging between a floor area ratio (FAR) of 1.0 FAR and 10.0FAR, or greater, the governing body may adopt as part of its zoning ordinancerequirements for the provision of (i) on-site or off-site "AffordableDwelling Units," as defined herein, or (ii) a cash contribution to thecounty's affordable housing fund, in lieu of such units, in such amounts asset out herein, as a condition of the governing body's approval of a specialexception application for residential, commercial, or mixed-use projects witha density equal to or greater than 1.0 FAR, or an equivalent density based onunits per acre. Residential, commercial, or mixed-use projects with a densityless than 1.0 FAR, or an equivalent density based on units per acre, shall beexempt from the requirements of this section and the county's zoningordinance adopted pursuant to this section. The county's zoning ordinancerequirements shall provide as follows:
1. Upon approval of a special exception application approving a residential,commercial, or mixed-use project with a density equal to or greater than 1.0FAR, or an equivalent density based on units per acre, the applicant shallprovide on-site Affordable Dwelling Units as part of the project the totalgross square footage of which units shall be 5% of the amount of the grossfloor area of the project that exceeds 1.0 FAR or an equivalent density basedon units per acre. For purposes of this section, "applicant" shall mean theperson or entity submitting a special exception application for approval of aresidential, commercial or mixed-use project in the county and shall includethe successors or assigns of the applicant.
2. As an alternative, upon approval of a special exception applicationapproving a residential, commercial, or mixed-use project with a densityequal to or greater than 1.0 FAR, or an equivalent density based on units peracre, the applicant may elect to provide any one of the following:
a. Affordable Dwelling Units shall be provided off-site at a location withinone-half mile of any Metrorail Station for projects within a Metro StationArea as defined in the county's comprehensive plan, or within one-half mileof the residential, commercial, or mixed-use project for projects not withina Metro Station Area, as provided in the county's zoning ordinance, the totalgross square footage of which units shall be 7.5% of the amount of the grossfloor area of the project that is over 1.0 FAR or an equivalent density basedon units per acre, or
b. Affordable Dwelling Units shall be provided off-site at any otherlocations in the county other than those provided in the county's zoningordinance in accordance with subdivision a, the total gross square footage ofwhich units shall be 10% of the amount of the gross floor area of the projectthat is over 1.0 FAR, or an equivalent density based on units per acre, or
c. A cash contribution to the county's affordable housing fund, whichcontribution shall be calculated as follows for each of the below-describeddensity tiers:
(1) One and one-half dollars per square foot of gross floor area for thefirst tier of density between zero and 1.0 FAR, or an equivalent densitybased on units per acre.
(2) Four dollars per square foot of gross floor area for the tier of densityin residential projects between 1.0 FAR and 3.0 FAR, or an equivalent densitybased on units per acre, and $4 per square foot of gross floor area for thetier of density in commercial projects above 1.0 FAR.
(3) Eight dollars per square foot of gross floor area for the tier of densityin residential projects above 3.0 FAR, or an equivalent density based onunits per acre.
(4) For mixed-use projects, cash contributions shall be calculated byapplying the proportionate amount of commercial and residential gross floorarea to each tier.
The cash contribution shall be indexed to the Consumer Price Index forHousing in the Washington-Baltimore MSA as published by the Bureau of LaborStatistics and shall be adjusted annually based upon the January changes tosuch index for that year.
3. The applicant shall provide the county manager or his designee, prior tothe issuance of the first certificate of occupancy for the residential,commercial, or mixed-use project, a written plan of how the applicantproposes to address the provision of Affordable Dwelling Units or cashcontribution as provided in this section and the provisions of the zoningordinance adopted pursuant to this section. The county manager or hisdesignee shall approve or disapprove the applicant's plan in writing within30 days of receipt of the written proposal from the applicant. If the countymanager or his designee disapproves of the applicant's plan, specific reasonsfor such disapproval shall be provided.
4. An applicant may submit a written plan to be considered by the governingbody or its designee to address the provision of Affordable Dwelling Units orcash contribution as provided in this section and the provisions of thezoning ordinance adopted pursuant to this section that deviate from therequirements of this section and the ordinance. Any such deviations may beapproved in accordance with the procedures established in the county's zoningordinance, which procedures shall include a provision for an appeal to thegoverning body of any administrative decision relative to the written plansubmitted by the applicant.
5. The ordinance adopted by the county pursuant to this section may providethat, in the discretion of the governing body and with the agreement of theapplicant, at the time of consideration of the special exception application,the above requirements may be totally or partially substituted for othercompelling public priorities established in plans, studies, policies, orother documents of the county.
6. Applications for a special exception approval of a residential,commercial, or mixed-use project that results in the demolition andrebuilding of an existing project shall be subject to the requirements ofthis section and the zoning ordinance adopted pursuant to this section at thetime of redevelopment; however, only density that is replaced or rebuilt andany increased density shall be subject to the requirements. This section andthe county's zoning ordinance adopted pursuant to this section shall notapply to rehabilitation or renovation of existing residential, commercial, ormixed-use projects.
7. For purposes of this section "Affordable Dwelling Unit" means unitscommitted for a 30-year term as affordable to households with incomes at 60%of the area median income.
B. This section shall apply to an application for a special exceptionapproval for a residential, commercial, or mixed-use project with a densityprovided for by the County's comprehensive plan designation for the propertythat is the subject matter of the application. This section shall furtherapply to such an application that requires rezoning of the property that isthe subject matter of the application to permit a use provided for by thecounty's comprehensive plan designation for the subject property.
C. The ordinance adopted by the county pursuant to this section may providethat an application for approval of a special exception for a residential,commercial, or mixed-use project that requests an increase in density thatexceeds the density provided for by the county's comprehensive plandesignation for the property that is the subject matter of the applicationshall be subject to an affordable housing requirement in addition to therequirements of this section and the zoning ordinance adopted pursuant tothis section.
D. The ordinance adopted by the county pursuant to this section or otherprovisions of law may provide that an application that requests to amend thecounty's comprehensive plan designation for the subject property to a higherdensity designation may be subject to an affordable housing requirement inaddition to the requirements of this section and the zoning ordinance adoptedpursuant to this section.
E. The ordinance adopted by the county pursuant to this section may providethat applications for a special exception approval for residential,commercial, or mixed-use projects that result in the elimination of existingunits affordable to households with incomes equal to or below 80% of the areamedian income address replacement of the eliminated units as a condition ofthe governing body's approval of the special exception application.
F. With the exception of the authority under § 15.2-2304, this sectionestablishes the legislative authority for the county to obtain AffordableDwelling Units in exchange for the approval of a special exceptionapplication for a residential, commercial, or mixed-use project in thecounty, and a special exception may not be used in combination with any otherprovision of law in Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 to obtainAffordable Dwelling Units from an applicant. Nothing in this section shall beconstrued to repeal the county's authority under any other provision of law.
§ 15.2-735.1. Affordable dwelling unit ordinance; permitting certaindensities in the comprehensive plan.
A. In a county that provides in its comprehensive plan for the physicaldevelopment within the county, adopted pursuant to § 15.2-2223, for densitiesof development ranging between a floor area ratio (FAR) of 1.0 FAR and 10.0FAR, or greater, the governing body may adopt as part of its zoning ordinancerequirements for the provision of (i) on-site or off-site "AffordableDwelling Units," as defined herein, or (ii) a cash contribution to thecounty's affordable housing fund, in lieu of such units, in such amounts asset out herein, as a condition of the governing body's approval of a specialexception application for residential, commercial, or mixed-use projects witha density equal to or greater than 1.0 FAR, or an equivalent density based onunits per acre. Residential, commercial, or mixed-use projects with a densityless than 1.0 FAR, or an equivalent density based on units per acre, shall beexempt from the requirements of this section and the county's zoningordinance adopted pursuant to this section. The county's zoning ordinancerequirements shall provide as follows:
1. Upon approval of a special exception application approving a residential,commercial, or mixed-use project with a density equal to or greater than 1.0FAR, or an equivalent density based on units per acre, the applicant shallprovide on-site Affordable Dwelling Units as part of the project the totalgross square footage of which units shall be 5% of the amount of the grossfloor area of the project that exceeds 1.0 FAR or an equivalent density basedon units per acre. For purposes of this section, "applicant" shall mean theperson or entity submitting a special exception application for approval of aresidential, commercial or mixed-use project in the county and shall includethe successors or assigns of the applicant.
2. As an alternative, upon approval of a special exception applicationapproving a residential, commercial, or mixed-use project with a densityequal to or greater than 1.0 FAR, or an equivalent density based on units peracre, the applicant may elect to provide any one of the following:
a. Affordable Dwelling Units shall be provided off-site at a location withinone-half mile of any Metrorail Station for projects within a Metro StationArea as defined in the county's comprehensive plan, or within one-half mileof the residential, commercial, or mixed-use project for projects not withina Metro Station Area, as provided in the county's zoning ordinance, the totalgross square footage of which units shall be 7.5% of the amount of the grossfloor area of the project that is over 1.0 FAR or an equivalent density basedon units per acre, or
b. Affordable Dwelling Units shall be provided off-site at any otherlocations in the county other than those provided in the county's zoningordinance in accordance with subdivision a, the total gross square footage ofwhich units shall be 10% of the amount of the gross floor area of the projectthat is over 1.0 FAR, or an equivalent density based on units per acre, or
c. A cash contribution to the county's affordable housing fund, whichcontribution shall be calculated as follows for each of the below-describeddensity tiers:
(1) One and one-half dollars per square foot of gross floor area for thefirst tier of density between zero and 1.0 FAR, or an equivalent densitybased on units per acre.
(2) Four dollars per square foot of gross floor area for the tier of densityin residential projects between 1.0 FAR and 3.0 FAR, or an equivalent densitybased on units per acre, and $4 per square foot of gross floor area for thetier of density in commercial projects above 1.0 FAR.
(3) Eight dollars per square foot of gross floor area for the tier of densityin residential projects above 3.0 FAR, or an equivalent density based onunits per acre.
(4) For mixed-use projects, cash contributions shall be calculated byapplying the proportionate amount of commercial and residential gross floorarea to each tier.
The cash contribution shall be indexed to the Consumer Price Index forHousing in the Washington-Baltimore MSA as published by the Bureau of LaborStatistics and shall be adjusted annually based upon the January changes tosuch index for that year.
3. The applicant shall provide the county manager or his designee, prior tothe issuance of the first certificate of occupancy for the residential,commercial, or mixed-use project, a written plan of how the applicantproposes to address the provision of Affordable Dwelling Units or cashcontribution as provided in this section and the provisions of the zoningordinance adopted pursuant to this section. The county manager or hisdesignee shall approve or disapprove the applicant's plan in writing within30 days of receipt of the written proposal from the applicant. If the countymanager or his designee disapproves of the applicant's plan, specific reasonsfor such disapproval shall be provided.
4. An applicant may submit a written plan to be considered by the governingbody or its designee to address the provision of Affordable Dwelling Units orcash contribution as provided in this section and the provisions of thezoning ordinance adopted pursuant to this section that deviate from therequirements of this section and the ordinance. Any such deviations may beapproved in accordance with the procedures established in the county's zoningordinance, which procedures shall include a provision for an appeal to thegoverning body of any administrative decision relative to the written plansubmitted by the applicant.
5. The ordinance adopted by the county pursuant to this section may providethat, in the discretion of the governing body and with the agreement of theapplicant, at the time of consideration of the special exception application,the above requirements may be totally or partially substituted for othercompelling public priorities established in plans, studies, policies, orother documents of the county.
6. Applications for a special exception approval of a residential,commercial, or mixed-use project that results in the demolition andrebuilding of an existing project shall be subject to the requirements ofthis section and the zoning ordinance adopted pursuant to this section at thetime of redevelopment; however, only density that is replaced or rebuilt andany increased density shall be subject to the requirements. This section andthe county's zoning ordinance adopted pursuant to this section shall notapply to rehabilitation or renovation of existing residential, commercial, ormixed-use projects.
7. For purposes of this section "Affordable Dwelling Unit" means unitscommitted for a 30-year term as affordable to households with incomes at 60%of the area median income.
B. This section shall apply to an application for a special exceptionapproval for a residential, commercial, or mixed-use project with a densityprovided for by the County's comprehensive plan designation for the propertythat is the subject matter of the application. This section shall furtherapply to such an application that requires rezoning of the property that isthe subject matter of the application to permit a use provided for by thecounty's comprehensive plan designation for the subject property.
C. The ordinance adopted by the county pursuant to this section may providethat an application for approval of a special exception for a residential,commercial, or mixed-use project that requests an increase in density thatexceeds the density provided for by the county's comprehensive plandesignation for the property that is the subject matter of the applicationshall be subject to an affordable housing requirement in addition to therequirements of this section and the zoning ordinance adopted pursuant tothis section.
D. The ordinance adopted by the county pursuant to this section or otherprovisions of law may provide that an application that requests to amend thecounty's comprehensive plan designation for the subject property to a higherdensity designation may be subject to an affordable housing requirement inaddition to the requirements of this section and the zoning ordinance adoptedpursuant to this section.
E. The ordinance adopted by the county pursuant to this section may providethat applications for a special exception approval for residential,commercial, or mixed-use projects that result in the elimination of existingunits affordable to households with incomes equal to or below 80% of the areamedian income address replacement of the eliminated units as a condition ofthe governing body's approval of the special exception application.
F. With the exception of the authority under § 15.2-2304, this sectionestablishes the legislative authority for the county to obtain AffordableDwelling Units in exchange for the approval of a special exceptionapplication for a residential, commercial, or mixed-use project in thecounty, and a special exception may not be used in combination with any otherprovision of law in Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 to obtainAffordable Dwelling Units from an applicant. Nothing in this section shall beconstrued to repeal the county's authority under any other provision of law.
