HomeMy WebLinkAbout17- Ordinance 1980 Removing Condominiums from the Applicability of Article 43, Affordable Housing �Co.1►
ORDINANCE NO. 1980
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE UNIFIED DEVELOPMENT CODE, CHAPTER 38 OF
THE BOZEMAN MUNICIPAL CODE, TO REMOVE CONDOMINIUMS FROM THE
APPLICABILITY OF ARTICLE 43,AFFORDABLE HOUSING
WHEREAS, on February 5, 2016, the Bozeman City Commission adopted Ordinance
1922, which added a new Article 43 regarding affordable housing; and
WHEREAS, Article 43 requires certain development projects proposing ten or more
market-rate homes to include a certain percentage of affordable homes at prices affordable to
households with incomes at or below a percentage of area mean income (AMI); and
WHEREAS, the definition of"market-rate home" in Article 43 includes condominiums,
so that condominiums in a development must be counted toward the ten or more dwelling units
that will cause the development to be subject to Article 43; and
WHEREAS, the definition of "affordable home" in Article 43 does not include
condominiums, so that the sale of condominiums does not satisfy the requirements of Article 43.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Ordinance 1980,Revising Affordable Housing to Address Condominiums Text Amendment
Section 1
That Article 43, Affordable Housing, is amended to remove condominium units from the
application of Article 43, and to clarify certain language, as follows:
Sec. 38.43.030.—Applicability.
E. Exemptions. Developments comprised exclusively of rental housing units are exempt from
these, e epAs this article.
Sec. 38.43.040.—Definitions.
1. Affordable housing or affordable homes. A dwelling for purchase by an owner-occupant
that requires no more than 33 percent of a household's income for housing payments and
meets the definition of a lower-priced home or moderate-priced home. For purposes of
this article "affordable housing" or "affordable home" does not include condominium
units.
7. Market-rate home. Any dwelling for purchase subject to this article which is not an
affordable home, ineludingde4aehed a,, ells gs, attaehed+,,,,,., houses, and „a r,.,;,,;,,,,,
The
number of market-rate homes in a development is used to determine the required number
of affordable homes, as described in this article. For purposes of this article, "market rate
home"does not include condominium units.
Sec. 38.43.060.—Number of affordable homes required.
The number of affordable homes a developer is required to build is a percentage of the total
d„'o'�� market-rate homes proposed in the development plan.
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Ordinance 1980,Revising Affordable Housing to Address Condominiums Text Amendment
A. The developer may:
1. Build and sell lower- riced homes. Ten percent of the total dwellings constructed
within the subdivision or site plan must be lower-priced homes built and sold at price
targets as established by the city pursuant to section 38.43.070 to households with
incomes at or below 80 percent of AMI; or
2. Build and sell moderate priced homes. 30 percent of the total dwellings proposed must
be moderate-priced homes sold at price targets as established by the city pursuant to
section 3 8.43.070 to households with incomes from 81 percent to 100 percent of AMI;
or
3. Build and sell a mix of both types of affordable homes. If a developer proposes a mix
of both lower-priced and moderate-priced homes, the developer starts with the ten
percent calculation for lower-priced homes. For each lower-priced home eliminated
from the resulting number,the developer may substitute three moderate-priced homes.
The distribution of homes between the two categories of affordable homes will be
identified in the affordable housing plan required by section 3 8.43.100.
Sec. 38.43.070. —Pricing of affordable homes.
B. Affordable home sales price schedule.
3. Considerations. The following factors will be considered by the city in calculating the
sales price schedule. The director of community development may make de minimis
exceptions to application of these factors:
c. The maximum monthly payment will be 33 percent of gross monthly income. The
maximum monthly payment will include costs directly applicable to a mortgage
such as payment of principal, interest, as well as assumptions for typical costs of
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Ordinance 1980,Revising Affordable Housing to Address Condominiums Text Amendment
taxes, public assessments, property insurance premiums, mortgage insurance
premiums (assuming the higher of either government or private mortgage
insurance), and homeowner/eon association fees;
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby,repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
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Ordinance 1980,Revising Affordable Housing to Address Condominiums Text Amendment
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty(30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 2nd day of October, 2017.
CARSON TAYLOR
Mayor
ATTEST:
ROBIN CROUGHZS \ _— `••
City Clerk
���•, 1883 .•'�.
�'IN•co. Ito
Page 5 of 6
Ordinance 1980, Revising Affordable Housing to Address Condominiums Text Amendment
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 16th of
October, 2017. The effective date of this ordinance is November 15, 2017.
CARSON TAYLOR
Mayor
ATTEST:
BOZ
r
t
ROBIN CROUCH ]: 7
City Clerk
,,: V 1883 .♦tic
L�TjN co �`Io� APPROVED AS TO FORM:
GRE SULLIVAN
City Attorney
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