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2020-15ORDINANCE NO.2020-15 AN ORDINANCE AMENDING CHAPTER 110 (ZONING) TO AMEND PORTIONS OF ARTICLES AND SECTIONS CONTAINED THEREIN PERTAINING TO AFFORDABLE DWELLING UNITS. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, §3.6 of the Code of the City of Fairfax, Virginia, is hereby amended as follows: 3.6. DIMENSIONAL STANDARDS The dimensional standards of §3.6 apply to all general district development. Methods of measurement and exceptions are found in § l .5. § 3.6.1. Residential districts A. General vrovisions RESIDENTIAL DISTRICTS DimENSIONAL STANDARDS m DENSITY (UNITSIACRE), MAXIMUM — — — 6 12 20 SITE AREA (ACRES), MINIMUM — — — 3 0.4 0.5 LOT AREA! UNIT, MINIMUM (SQ. FT.) 20,000 7,5W 6.000 1,600 [3] 1,5W 1,800 REQUIRED YARDS, MINIMUM (FT.) [1) Front Side (street) 40 30 25 20 20 15 10 20 10 20 25 25 Side (interior) 15 12-10[2] 12-10[2] 0 0 25 Rear 25 25 25 20 1 20 35 LOT WIDTH, MINIMUM (FT.) Interior lots 100 75 60 18 18 — Comer lots 125 95 80 18 18 -- HEIGHT, MAXIMUM (STORIESIFEET) [21 Adjacent to RL, RM or RH district 3135 3115-35[2] 3115-35[2) 3135 3135 3135 Not adjacent to RL, RM or RH district 3135 3135 3135 3135 4145 4145 BUILDING COVERAGE, MAXIMUM (%) 25 35 60 60 60 LOT COVERAGE, MAXIMUM (%) 40 50 80 80 80 NOTES: [1] Special building line requirements apply where narrow right-of-way areas are found, see §1.5.12.17. [2] Some exceptions apply. See §1.5.11.A.2(a). [3] Or, an average of 1,800 square feet. B. Affordable Dwellinp, Unit Development Remlations RESIDENTIAL DISTRICTS DIMENSIONAL STANDARDS MMMMMM (UNrrSIACRE). MAXIMUM — _ _ 7_2 3 14.4 0_4 24 0_5 _DENSITY SITE AREA (ACRES), MINIMUM LOT AREA/ UNIT, MINIMUM (SQ. FT.) 16.000 0�00 44 0 1,280[31 1.200 1 REQUIRED YARDS,MINIMUM (FT.)111 Front 32 20 20 8 8 25 Side street 24 18 12 16 16 25 Side (interior) 12 10-8I21 10.8(21 0 0 25 Rear 20 20 20 15 15 35 LOT WIDTH MINIMUM FT. Interior lots 80 60 48 16 16 = Comer lots 100 76 64 16 16 HEIGHT, MAXIMUM (STORIESIFEET) 121 Adjacent to RL RM or RH district 3135 1 3115-35 2 3115-35[21 3135 3135 4148 3135 Not adjacent to RL. RM or RH district 3I35 3135 3135 4 445 5160 BUILDING COVERAGE, MAXIMUM (%) 30 42 70 70 70 LOT COVERAGE, MAXIMUM(N) 48 60 90 90 90 NOTES: [11 Special buildinci line requirements appIv where narrow right-of-way areas are found see J 1.5.12.F. [21 Some exceptions apply. See 41.5.11.A,2(a). [31 Or, an average of 1,440 square feet. § 3.6.2. Nonresidential districts NONRESIDENTIAL DISTRICTS DIMENSIONAL STANDARDS DENSITY (UNITS/ACRE), MAXIMUM °..Ea 20 (General)124 (Affordable Dwelling Unit?l = _ LOT AREA, MIN. (SQ. FT.) — 20,000 20,000 30,000 22,000 -- — REQUIRED YARDS (FT.) Front and side (street) Maximum -- — 93[1] 15 — — — Minimum 20[1] 20[1] 20[1] 0 20 20 25 Side (interior), min. adjacent to a residential 25 25 25 25 25 50 50 district Side (interior), min. not adjacent to a 12 0110[2] 0/1012) 0110[2] 25 0 0 residential district Rear, min. adjacent to a residential district 25 25 25 25 25 50 50 Rear, min. not adjacent to a residential district 0 0 0 0 25 0 0 BUILD -TO LINE, MANDATORY (PERCENT) — -- — 50 — LOT WIDTH, MINIMUM (FT.) -- — — — 150 — BULK PLANE REQUIREMENTS (DEGREES) Front -- — -- — — — '- Side (interior), adjacent to a residential district — 45 45 45 45 45 45 Side (interior), not adjacent to a residential — — -- — -- 30 30 district Rear, adjacent to a residential district — 45 45 45 45 45 45 Rear, not adjacent to a residential district — — -- — — 30 30 HEIGHT, MAXIMUM (STORIESIFEET) 3135 5160 5160 5160 5160 3135 6160 BUILDING COVERAGE, MAXIMUM (%) 25 50 60 80 — 50 50 LOT COVERAGE, MAXIMUM 50 85 85 100 90 90 90 FLOOR AREA, MAXIMUM (SQ. FT.) 17,500 — NOTES: [1) Special building line requirements apply where narrow right-of-way areas are found, see §1.5.121.1(a). [2] No side (interior) yard is required, but if a building is not built to the lot line, a minimum 10 foot side (interior) yard shall be required. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 3, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: 0.9. AFFORDABLE DWELLING UNITS §3.9.1. Purpose and intent Provisions of the city of Fairfax Zoning Ordinance regarding affordable dwelling units are hereby established to assist in the provision of affordable housing in the city. These provisions are designed to provide affordable housing in the city by: (a) promoting the development of a full range of housing choices, (b) encouraging the construction and continued existence of dwelling units that are affordable for purchase by households whose collective income is 70% or less of the area median income "AMI" of households in the Washington -Arlington -Alexandria, DC -VA -MD -WV Metropolitan Statistical Area "WMSA" • and c encouraging the construction and continued existence of dwelling units that are affordable for rental by households whose collective income is 60% or less of AMI. For purposes of determining whether a household's income qualifies for participation in the city's Program, the income of a household shall include the income of all household members 18 years or older who are not full-time students. The city's Pro am yes riorit fo-gir affordable housing to households that have members who live and/or work in the cites effective date of the Cit 's ADU Program shall be specified by the City Council upon the adoption of these provisions. §3.9.2. General provisions A. Administration The administration of the city's Program shall be undertaken in accordance with any rules re lations and procedures that may be adopted and/or a roved by the city council for the purpose of supporting and administering the provision of affordable dwelling units in the city. The city may appoint an agent for the purpose of administering the city's Program and, if the city "points an agent for such purposes, any reference herein to "the city" shall mean, if applicable, "the city or its agent." B. Applicability 1. The provisions of this Chapter requiring the provision of affordable dwelling units shall apply to any site, or any portion thereof, at one location which is the subject of a complete Land Use Application submitted after the effective date of the city's Program, whenever such an application includes, upon approval, a total of 30 or more dwelling units. Any Affordable Dwelling Unit Development is allowed to apply the Affordable Dwelling Unit Development Regulations to that development as set forth in 3.9.3 of this Ordinance. 2. The provisions of the city's Program shall apply to any Land Use Application approved by or on behalf of the city council before the effective date of the city's Pro am in which the owner and/or Zoning Applicant a eed to provide affordable dwelling units or otherwise support the provision of affordable housing in the city as a consequence of the approval of such application. Notwithstanding the foregoing, an owner and/or Zoning Applicant's obligation to provide affordable dwelling units or otherwise support the provision of affordable housing. in the city with respect to any such application is limited to whatever the owner and/or Zoning A20icant agEeed to and the city council a roved. 3. An owner and/or Zoning Applicant may voluntarily provide affordable dwelling units in a development, including those with fewer than thirty (30) dwelling units, to which the Affordable Dwelling Unit Development Re lations would not otherwise apply in accordance with 0.9.3 of this Ordinance. 4. An owner and/or Zoning, Applicant may rovide Affordable Dwelling Units in accordance with 3.9.7 of this Ordinance. C. Piecemeal land use applications An owner and/or Zoning Applicant shall not avoid the requirements of this Article by submitting separate Land Use Applications for less than thirty (30) dwelling units at any one time. However, an owner and/or Zoning Applicant may submit a site plan or subdivision plat for less than thirty (30) dwelling units if the owner and/or Zoning Applicant agrees in writing that the next land use application or submission for the site or portion thereof shall meet the Leguirements of the city's Pro am when the total number of dwelling units in such development has reached thirty (30). The owner and/or Zoning Applicant for an application shall affirm, under oath, that they neither have nor have had any financial interest and/or participation in any prior application for land adjacent to the subject property. Prior to the Lapproval of a site plan or subdivision the owner and/or Zoning Applicant shall cause this written statement to be recorded among the land records of Fairfax County and indexed in the names of all owners of the site or portion thereof, as such terms are defined herein. D. Affidavit 1. As Dart of the filin;a of a Land Use Application to which the city's Program applies the owner and/or Zoning Applicant(s) shall submit an affidavit that includes: (a) The names of the owners of each parcel or portions thereof that comprise the site described in §3.9.2.E.I. (b) The city of Fairfax tax may number, parcel size, and zoning district classification for each parcel or part thereof that is included as part of the site in such application or submission. E. Economic interests I . For purposes of the city's Program, "site, or any portion thereof, at location" shall include all adiacent land of the owner and/or Zoning Applicant, under common ownership and/or control of the owner and/or Zoning Applicant, including. but not limited to land owned and/or controlled by separate partnerships, land trusts, corporations, or similar business entities in which the owner and/or Zoning Applicant (including members of the immediate family of the owner and/or Zoning Applicant) is a partner, beneficiary, or owns 1 % or more of the stock of such forms of business entities. 2. Immediate family members shall include the owner's and/or Zoning A licant's spouse, children, parents and siblings. 3. When a financial institution has ac uired or acquires, an equity interest in prop rty solely by virtue of its agreement to provide financing, such equity interest shall not be considered by the city in making a determination of applicability of the city's Program to that property. However, the acquisition of a fee interest by such lending institution due to foreclosure or_proiect participation_ shall be considered an ownership interest by the city in making a determination of applicability of the city's Program to that property_. F. Exec Unless otherwise specified, the requirements of the city's Program shall not apply to the following: 1. Any Land Use Application approved before the effective date of the city's Program for a specific development that does not itself provide for Affordable Dwelling Units or any monetary contribution made to_supoort the provision of Affordable Dwelling Units in the city. 2. Any Land Use Application filed in accordance with a rezoning approved before the effective date of the city's Program wherein the city council accepted a.proffer in which the owner and/or Zoning Applicant aggeed to provide Affordable Dwelling Units or otherspecific and ex ress contributions to affordable housin such as money dedicated to the city of Fairfax housing trust fund. Notwithstanding the fact that terms and conditions of the approval of any such application may differ from the provisions of the city's Program, any such development shall comply with the terms and conditions of the approval of such application. 3. To the extent it may differ from the provisions of the city's Program, any Land Use Application approved before the effective date of the city's Program in which the owner and/or Zoning Applicant agreed in a manner other than through the submission of a rezoning proffer to provide Affordable Dwelling Units or other specific and express contributions to affordable housing, such as money dedicated to the city of Fairfax 's housing trust fund. Notwithstanding the fact that terms and conditions of the approval of any such application may differ from the provisions of the city's Program, any such development shall cornRly with the terms and conditions of the approval of such application and all other applicable provisions of the city's Program. 4. Any Land Use Application that does not seek to either change the dwelling unit type of any residential units existing on or approved for the site or increase the number of residential dwelling units permitted on the site that is the subject of that application. 3.9.3 Development re lations A. Dimensional standards All Affordable Dwelling Unit Develo ments shall comply, if Lapplicable, with the minimum re uirements and the maximum density requirements of 0.6.1 B which allows for modifications of certain dimensional standards for Affordable Dwelling Unit Developments. B. Use types For imposes of the city's Program, single-family detached homes single-family attached homes, townhouses, and duplexes shall be deemed single-family uses. With respect to upper story residential/mixed use homes, those uses shall be deemed single- family uses when they are consistent with the definition of single-family uses listed above. When upper story residential/mixed use homes bear the characteristics of and are more similar to multifamily homes such as apartments, then those uses shall be deemed multifamily uses under the terms of the city's Program. C. Single-family 1. Anv additional single-familv dwelling units an owner and/or Zoning Applicant is authorized to construct under the Affordable Dwelling Unit Development Regulations shall be deemed optional density under the terms of the city's Program. Regardless of whether any optional density increase is requested for a articular site the provision of Affordable Dwelling Units shall be re wired in all single-family developments to which the city's Program avvlies. 2. All single-family residential developments, whether detached, attached, townhouse, duplex or upper story residential/mixed use homes, -to which the city's Program a lies shall provide no less than 10 percent of the total sin le-famil units in that development as Affordable Dwelling Units or a modification approved by city council shall be necessary in order to reduce the number of required single-family Affordable Dwelling Units, except where modified under 6.19. D. Multifamily 1. Any additional multifamily dwelling units an owner and/or Zoning Applicant is authorized to construct under the Affordable Dwelling Unit Development Regglations shall be deemed optional density under the terms of the city's Program. Regardless of whether any optional density increase is requested for a particular site, the provision of Affordable_ Dwelling Units shall be required in all multifamily develo ments to which the city's Pro am applies. 2. All multifamily residential developments to which the city's Program applies shall be required to provide no less than 6 percent of the total units in that multifamily development as Affordable Dwelling Units or a modification approved_by city council shall be necessary in order to reduce the number of required multifamily Affordable Dwelling Units. 3. Different unit types (e.g. studio/efficiency, one -bedroom, two -bedroom, and three -bedroom) shall be provided throw out all multifamily developments to which the city's Pro am applies in approximate proportion to the ratio of units provided throughout the entire development to market -rate tenants. Compliance with the foregoing requirement shall be determined through the exercise of reasonable discretion by the zoning administrator. E. Mixed unit types In the event an Affordable Dwelling Unit Development includes both single-family residential units and multifamily residential units, no less than 10 percent of the single-family units shall be Affordable Dwelling Units and no less than 6 percent of the multifamily units shall be Affordable Dwelling Units or a modification approved by city council shall be necessary in order to reduce the number of required single- family or multifamily Affordable Dwelling Units. F. Fractional units When the percentage requirements set forth in the city's Program yield a fractional unit any such fraction shall be rounded down from .49 and below so that no additional Affordable Dwelling Unit shall be required and any such fraction shall be rounded up from .50 and above so that one additional Affordable Dwelling Unit shall be required. G. Voluntary, affordable dwelling For a development to which the City's Program does not apply, an owner and/or Zoning Applicant may, at his or her discretion, voluntarily agree to provide the number of Affordable Dwelling Units that would be required for that development if the city's Program applied thereto. In the event an owner and/or Zoning Applicant agrees to voluntarily provide such Affordable Dwelling Units in accordance with the cit 's Program, the development in which such Affordable Dwelling Units are provided may utilize the Affordable Dwelling Unit Develo ment Regulations. H. Limits on permits in developments containing affordable dwelling units At any time after the issuance of a building ermit for an Affordable Dwelling Unit or permits for groups of Affordable Dwelling Units but before the issuance of the first zoning permit for use and occupancy of an Affordable Dwelling Unit, the owner and/or Zoning Applicant must send a notice of availability to the city advising that a particular Affordable Dwelling Unit (or group of Affordable Dwelling Units) is now or will be completed and ready for sale or rental. The cit 's Affordable Dwelling Unit Administrative Regulations see § 2(D))regarding the notice of availability -shall specif its form and the office to which it must be submitted. l . No zoning ermit for use and occupancy may be issued until the declaration of covenants referenced in 0.9.3.I is recorded. 2. No zoning permit for use and occupancy may be issued until the rents or sales prices for the Affordable Dwelling Units are approved by the cites+. Developer's covenants Affordable dwelling unit covenants which are applicable to Affordable Dwelling Units and which run in favor of and are in the form prescribed by the city, shall be recorded simultaneously with the recordation of the final subdivision plat or, in the case of a condominium recorded simultaneously with the condominium declaration. The covenants must be recorded and delivered to the city before the Control Period may begin and shall meet the requirements as set forth by the cit 's Pro am.(See e. ., 0.9.8). Prior to the approval of a site plan or subdivision, the owner and/or Zoning Applicant shall cause the affordable dwelling unit covenants to be recorded among the land records of Fairfax County and indexed in the names of all owners of the site or portion thereof, as such terms are defined herein. In the event neither a site plan nor a subdivision plat is required by a particular situation the affordable dwellin unit covenants shall be recorded before the approval of a zoning permit for use and Occu anc . 3.9.4 Procedures for Affordable Dwelling Units offered for sale A. Sales of Affordable Dwelling Units regulated by the city The sale of affordable dwelling units shall be regulated by the city. The city ma ado t reasonable rules and regMlations to assist in the regulation and monitoring of the sale and resale of affordable dwelling units which may include among other things, giving -a-priority to persons who live or work in the city. B. Exclusive right of city to purchase Affordable_ Dwelling Units The city or its designee shall have the exclusive right to purchase up to one-third of the for -sale Affordable Dwelling Units in a development within ninety (94) days after a dwelling unit is completed and ready for purchase. The remaining two-thirds of such units shall be offered for sale exclusively for a ninety -day period to persons who qualify to purchase such units under the cit 's Program. The sales of Affordable Dwelling Units shall be administered in accordance with the provisions of the cit 's Affordable Dwelling Unit Development Regglations. C. Affordable Dwelling Unit cost factors A schedule of city-wide cost factors and the cost calculation formula used to determine sales prices shall be established initially and may amended periodically_ by the city, based upon a determination of all ordinary, necessary and reasonable costs required to construct the various affordable dwelling unit prototype dwellings b private industry in the city, after consideration by the city of written comments from the public and other information which may be available such as the area's current general market and economic conditions. D. Sales price review The city may conduct a review of affordable dwelling unit sales prices on an annual basis to determine if the price needs an adjustment. E. No economic loss The sales prices for Affordable Dwelling Units within a develo ment shall be established such that the owner and/or Zoning Applicant shall not suffer economic loss as a result of providing the required Affordable Dwelling Units. "Economic loss" shall mean that result that would occur if the owner and/or Zoning Applicant of a development were to fail to recoup the cost of construction and certain allowances as may be determined by the city manager for the Affordable Dwelling Units, exclusive of the land acquisition cost and costs voluntarily incurred, but not authorized, under the city's Pro r�pon sale of an Affordable Dwelling Unit. F. Timeline for who can purchase an Affordable Dwelling Unit The timeline for who can purchase an Affordable Dwelling Unit under the city's Program and when such purchases can be made is set forth in the city's Affordable Dwelling Unit Administrative Re lations see 3 B—F . G. Requirements for certificate of qualification In order to secure the approval of a certificate of qualification, an individual or household must establish satisfaction of the applicable requirements, which are set forth in the city's Affordable Dwelling Unit Administrative Regulations (see 3(A),including, but not limited to the requirement that the individual or household must be a first-time homebu er in accordance with the definition of that term as set forth in the city's Affordable Dwelling Unit Administrative Regulations. H. Sales price limits for Affordable Dwelling Units No Affordable Dwelling Unit in the city may be sold without the city first determining a reasonable and affordable maximum rice at which each such unit may be sold. Request for approval of proposed maximum sales price On or before the date of issuance of a zoning permit for use and occupancy Affordable Dwelling Unit offered for sale, the owner of the Affordable Dwelling Unit shall submit to the city a request for the approval of a proposed maximum sales price for that unit in accordance with Section 3(B) of the city's Affordable Dwelling Unit Administrative Regulations. J. City may request additional information After the owner of a for -sale Affordable Dwelling Unit submits a justification and documentation to the city regarding the proposed maximum sales price, the city mays in its sole discretion, request additional information or documentation from said owner. K. City may establish reasonable criteria The city may establish reasonable criteria and guidelines to apply in its determination of a reasonable and affordable proposed maximum sales price for any Affordable Dwelling Unit under the provisions of the city's Program. L. City acts within 60 days Upon submission to the city of all requested information related to an owner's proposed maximum sales price, the city shall, within 60 days: 1. Determine a reasonable and affordable maximum sales price for the Affordable Dwelling Unit' and 2. Inform the owner in writing of the city's determination. M. Order of priority for buyers of Affordable Dwelling Units The order of priority for prospective buyers of units under the city's Program shall be the number of priority points each household has on the date of the city's determination of a reasonable and affordable maximum sales price in accordance with the priority point system set forth in the city's Affordable Dwelling Unit Administrative Regulations. N. Notification to city of proposal to sell Affordable Dwelling Unit to a qualified bu rimer Once the city has determined a reasonable and affordable maximum sales price for an Affordable Dwelling Unit, the owner of that Affordable Dwelling Unit must, within 60 days of the date of said determination, inform the city in writing whether it wishes to sell the unit to an applicant to purchase an Affordable Dwelling Unit who has qualified for participation in the city's Program in accordance with the following: 1. If the owner of an Affordable Dwelling Unit decides to sell such Affordable Dwelling Unit and informs the city in writing, then the city or its designee shall have the right of first refusal to purchase such unit at an all cash closing within sixty (60)_days-, 2. The city may assign its right to purchase such unit to either its agent and/or a nonprofit selected by the city for such purposes; 3. In the event the city, its agent or a designated nonprofit does not exercise its right of first refusal within the 60-day_period set forth above, the owner shall offer the unit to only applicants that possess a certificate of qualification at no more than the maximum sales price set by the city; and 4. In the event the city, its agent or a designated nonprofit does not exercise its right of first refusal within the 60-day period set forth above, the owner may, at any time before the owner has sold said unit to an a licant who has qualified to participate in the city's Program, sell the unit to the city, its agent or a designated nonprofit at a lower price that may be mutually agreed upon by the owner and the city, its agent or a designated nonprofit. O. Unit must be used as an Affordable Dwelling Unit Any Affordable Dwelling Unit sold under the terms and conditions of the city's Program shall be used by the owner of that unit as an Affordable Dwelling Unit in accordance with the terms and conditions of the city's Program until such time as the applicable 30-year control period has expired in accordance with 0.9.8.13. Once an Affordable Dwelling Unit has been established in accordance with the city's _Affordable Dwelling Unit Ordinance, no interest in such unit may be transferred by the owner by deedgift, or in any other manner without the Approval of the city. Sale documents must be approved by the city Any and all documents related to the sale of any Affordable Dwelling Unit under the terms and conditions of the city's Program shall be approved by the city prior to the consummation of any such sale in order to ensure that the transaction is being out in accordance with the city's Affordable Dwelling Unit and that any such Affordable Dwelling Unit remains as an Affordable Dwelling Unit. Q. City must verify prospective owner's income, employment and any additional qualification The city shall be responsible with respect to any for -sale Affordable Dwelling Unit for veri . ing the gross household income, employment of any applicant seeking to purchase an Affordable Dwelling Unit. The city shall also be responsible for verifying anv aualification that applies to any priority that such applicant has received under the terns of the city.y's Prorg am. R. Unit resales during Control Period Units offered for resale during any Control Period shall be offered in accordance with the city's Program. S. Initial sale of Affordable Dwelling Unit after the Control Period expires The initial sale of an Affordable Dwelling Unit after the expiration of any Control Period shall be transacted in accordance with the city's Pro am. T. City entitled to half of sales price In all instances, whether or not the city, its agent or a designated nonprofit elects to purchase such unit, the seller shall pay the housing trust fund equity share, as defined in the city's Affordable Dwelling Unit Regulations (see § 3(K)(4)(C), to promote affordable housing in the city of Fairfax. U. Eligible lenders for Affordable Dwelling Units offered for sale Eligible lenders for Affordable Dwelling Units offered for sale shall be defined and regulated by the city's Affordable Dwelling Unit Administrative Regulations see 211. &3.9.5 Procedures for Affordable Dwelling Units offered for rent The rental rates of any Affordable Dwelling Unit provided Rursuant to the city's Program shall be determined and controlled by the city consistent with the provisions of the city's Affordable Dwelling Unit Ordinance in accordance with the following: A. Maximum rental rate calculations The city will determine maximum rental rate calculations in accordance with the city's Affordable Dwelling Unit Administrative Regulations with the limitation that the maximum rental rate for Affordable Dwelling Units shall be established such that the owner and/or Zoning Applicant shall not suffer economic loss as a result of providing rental Affordable Dwelling Units. B. Annual review The city shall review Affordable Dwelling Unit rental prices annually in order to assure that such rental prices approved by the city are fair and reasonable. In conducting this review of Affordable Dwelling Unit -rental prices, the city shall take into account changes in various cost elements as indicated by the U. S. Department of Commerce's Composite Construction Cost Index and/or such other comparable index or indices that may be selected by the city. The city may also take into account, when reasonable and appropriate, any changes in rental prices approved by public agencies in nearby localities when the city deems the applicable circumstances to be reasonabl comparable to those found in the city. C. Quarterly statements The landlord/owner of any Affordable Dwelling Unit rental units shall provide quarterly statements to the city in accordance with the city's Affordable Dwelling Unit Administrative Regulations. D. Verifications The landlord/owner of any Affordable Dwelling Unit rental unit shall be responsible for providing verifications to the city re ag rding an Affordable Dwelling Unit tenant household's income, employment, and possession of a certificate of Qualification. E. Affordable Dwelling Units must be used as Affordable Dwelling Units Any Affordable Dwelling Unit leased under the terms and conditions of the city's Affordable Dwelling Unit Ordinance shall be used as an Affordable Dwelling Unit in accordance with the terms and conditions of the city's Pro am until such time as the applicable 30- ear Control Period expires. F. Approval of documents by the cit Any and all documents related to the lease of any Affordable Dwelling Unit under the terms and conditions of the city's Pro am shall be approved by the city prior to the execution of any such lease agreement in order to ensure that the transaction is being carried out in accordance with the city's Affordable Dwelling Unit Program and that any such Affordable Dwelling Unit remains as an Affordable Dwelling Unit. G. Subletting not allowed No affordable dwelling unit leased under the terms and conditions of the city's Program shall be sublet for any purpose. H. City must a rove all Affordable Dwelling Unit leases Any lease agreement for an Affordable Dwelling Unit shall be_approved in advance by the city. I. DesigLiation by a licant households of purchase and/or rental units Each applicant household seeking to participate in the city's Pro am shall sigLlif on its application for such participation whether it wishes to be considered for rental and/or ownership of an Affordable Dwelling Unit under the city's Program. If such an applicant household indicates on the application that it wishes to be considered solely for rental of an Affordable Dwelling Unit then such applicant household shall be evaluated only with respect to Affordable Dwelling Units that become available for rental under the terms of the city's Program. If such an applicant household indicates on the application that it wishes to be considered solely for ownership of an Affordable Dwelling Unit, then such applicant household shall be evaluated only with respect to Affordable Dwelling Units that become available for ownership under the terms of the city's Program. If such an applicant household indicates on the application that it wishes to be considered for both rental and ownership of an Affordable Dwelling Unit then such applicant household shall be evaluated with respect to Affordable Dwelling Units that become available for both types of Affordable Dwelling Units and for which such applicant qualifies under the terms of the city's Program. Proof of qualification of applicants All applicant households seeking to rent an Affordable Dwelling Unit through the city's Program, including existing Affordable Dwelling Unit tenants, shall be required to apply each year for such participation by filing the applicable application for a certificate of qualification with the city. The landlord/owner shall verify the income of all households seeking to participate in the city's Program and shall be responsible for determining whether any such applicant household meets the criteria for such participation. K. Eligible lenders for rental Affordable Dwelling Units Eligible lenders for Affordable Dwelling Units offered for rent shall be defined and regulated by the city's Affordable Dwelling Unit Administrative Regulations. L. Exclusive right of city to lease Affordable Dwelling Units The city or its desigpee shall have the exclusive right to lease up to one-third of the for -lease Affordable Dwelling Units in a development within ninety 90 days of a dwelliny, unit being completed and ready for lease. The remaining two-thirds of such units shall be offered for lease exclusively for a ninety -day period to persons who Qualify to lease such units under the city gram. The lease of Affordable Dwelling Units shall be administered in accordance with the provisions of the city's Affordable Dwelling Unit Administrative Regulations (see 4(C)(1). &3.9.6 Designation of Affordable Dwelling Units on plats, plans, land use applications, or other applicable zoning permits A. For -sale units All site plans, subdivision plats, land use applications, or other apRlicable zonin permits for developments that include for -sale Affordable Dwelling Units under the provisions of the city's Program shall identify: I . The s ecific number of for -sale units that are to be rovided as Affordable Dwelling Units under the provisions of the city's_ Program; 2. The specific lots or units that will be for -sale Affordable Dwelling Units under the city' Pro am' 3. The mixture of Affordable Dwelling Unit and market -rate units based on the number of bedrooms; and 4. The number of bedrooms and the dimensions of the living spaces, including bedrooms, bathrooms, kitchens, living rooms, dining rooms, and any other rooms, and the total s uare footage of all units that will be for -sale units whether affordable or market -rate units. B. Rental units All site plans, subdivision plats, land use applications, or other applicable zonin permits for developments that include rental Affordable Dwelling Units under the provisions of the city's Program shall identify: 1. The specific number of units that are to beRrov_ided as rental Affordable Dwelling Units under the provisions of the city's Pro am• 2. The number of bedrooms and the dimensions of the living spaces, including bedrooms, bathrooms, kitchens, living rooms, dining rooms, and any other rooms, and the total square footage of all units that will be rental units, whether affordable or market -rate units, 3. The specific lots or units which are rental Affordable Dwelling Units on approved lansprovided, however, that u on the request of the landlord/owner of an Affordable Dwelling Unit, a unit designated as an Affordable Dwelling Unit on a site plan, subdivision plat, or other Land Use Application may be undesignated as an Affordable Dwelling Unit so long as another Affordable Dwelling Unit that is substantially equivalent is designated in lieu thereof, and further provided, however, that the specific locations of affordable dwelling units in a development may change from those locations shown on a site plan, as long as the approved ratios of affordable dwelling units to market -rate units and conditions relating to those affordable dwelling units stay the same, and For all multifamily developments, the number of Affordable Dwelling Units b bedroom count and the number of market -rate units by bedroom count, which notation shall be a condition of approval of the approved site plan or building plan. C. Multi le Section developments For multiple section developments where all the required Affordable Dwelling, Units are not to be provided in the first section of the development the site plan and/or record subdivision plat for the first section and all subsequent sections shall contain a notation identii rS ing_in which section(s) the affordable dwelling units will be or have been provided and a total of all Affordable Dwelling Units for which such site plan(s) and/or subdivision plat(s) have been approved. D. _Qualifications for bedrooms The number of bedrooms provided in an Affordable Dwelling Unit shall be determined by the city's zoning administrator after reviewing, among other things, the fans submitted to the cily for the particular development, the size and functionalit of the living space in such units, and the existence of windows, closets, and doors providing privacy from other areas in the Affordable Dwelling Units. Specifications for prototype Affordable Dwelling Units The city may, at its discretion, administratively establish specifications for prototypical Affordable Dwelling Units based on the numbers of bedrooms in various dwelling unit types. In the event the city establishes such specifications, eve Affordable Dwelling Unit provided under the city's Program shall satisfy all specified requirements for the applicable dwelling unit type. In addition, all Affordable Dwelling Unit developments shall satisfy the Affordable Dwelling Unit Development Regulations set forth in § 3.6.1 and §3.6.2 of this Ordinance. Comparability of units Any Affordable Dwelling Units provided under the provisions of the city's Program shall be cam arable with respect to the number of bedrooms for the unit when compared to equivalent market rate units in the same development. In general, dwelling dimensions of a multifamily ADU shall be comparable toequivalent market rate units in the same development. G. Similarity -and compatibility of units Affordable Dwelling Units shall be similar to and compatible with the dwelling unit types and architectural styles of market -rate units provided_in the same development, provided, however, that the requirement of similarity and compatibility of Affordable Dwelling Units with market rate units may be achieved —if permitted in the underlying zoning district by the provision of single-family attached du lex or townhouse Affordable Dwelling Unit in a development cominised of homes whose size would otherwise make that determination of similarity and compatibility infeasible. If permitted by the Zoning Ordinance, the use of single-family attached, duplex, or townhouse Affordable Dwelling Unit, which would provide homes for no more than three Affordable Dwelling Unit households, may, in comparison to one market -rate unit household serve to provide the compatibility re uired by -this section. H. Interspersing of units Affordable Dwelling Units shall be interspersed among market -rate units in the same development in order to assure that the Affordable Dwelling Units are reasonabl si3read throughout the develo mcnt and throughout each section of any multiple - section development and are not concentrated in the same building, area, or on the same floor of any building in that development. I. Zoning permits for use and occupancy of Affordable Dwelling Unit Developments In Affordable Dwelling Unit Developments that are required by the city's Progr zoningpermits for use and occupancy for no more than 60% of the market -rate dwelling units in that development shall be issued prior to the issuance of zoning permits for use and occupancy for at least 50% of the Affordable Dwelling Units in that development. Zoning permits for use and occupancy for no more than 85% of the market -rate dwelling units in such developments shall be issued until after zoning permits for use and occupancy have been issued for 100% of the Affordable Dwelling Units in that development. §3.9.7 State and federal affordable housing programs A. Full satisfaction of city's Program requirements with equivalent units A development that provides the same number or more equivalent Affordable Dwelling Units under a local state or federal housing program as the number and type of Affordable Dwelling Units required under the terms of the city's Affordable Dwelling Unit shall be deemed to satisfy the requirements of the city's Affordable Dwelling Unit Program so long as that development _complies with all of the terms and conditions of said local state or federal housing program. B. Partial satisfaction of city's Program if fewer units provided In the event a development provides fewer equivalent Affordable Dwelling Units under a state or federal housing program than the number of Affordable Dwellin Units re uired under the terms of the city's Program, then said development must provide additional Affordable Dwelling Units in compliance with all of the terms and conditions of the city's Program to make up the shortage. C. Rents and sales prices The rents and sales prices for Affordable Dwelling Units provided pursuant to federal state or local programs shall be in accordance with the rules and regulations governing such programs and these units shall be marketed in accordance with such rules and regglations provided that rents and sale prices shall not exceed those set pursuant to the terms of the city's Program. D. Desiggation of Affordable Dwelling Units on plats, plans,land use a lications or other applicable zoning permits Any development that relies in whole or in part, on the RrOvisions of this Section to satisfy the requirements of the city's Program shall be required to comply_with the rovisions of 43.9.6 with respect to all Affordable Dwelling Units provided in that development. §3.9.8 Miscellaneous provisions A. Control Periods for Affordable Dwelling Units Any Affordable Dwelling Unit created under the city's Program shall have a Control Period of thirty (30) years. For rental Affordable Dwelling Units, the Control Period for an Affordable Dwelling Unit shall commence on the date on which a zoning permit for use and occupancy is approved by the city for that particular unit. As to for -sale Affordable Dwelling Units, the Control Period shall commence on the date of the deed conveying the Affordable Dwelling Unit to the owner. B. Affordable Dwelling Units converted to market -rate units In the event the citYpproves a request to convert an Affordable Dwelling Unit to a market -rate unit, a different market -rate unit that is substantially similar to the former Affordable Dwelling Unit in the same development must be converted _to_an Affordable Dwelling Unit. The thirty 30 ear Affordable Dwelling Unit term will not start to run again for the newly created Affordable Dwelling Unit until that unit is occupied as an Affordable Dwelling Unit. With respect to the thirty 30 year term if such a conversion is approved by the city, the city will credit the newly, created Affordable Dwelling Unit for any time it was previously occupied as an Affordable Dwelling Unit. C. Relocation assistance At the conclusion of the thirty (30) year period described above, the landlord/owner of an Affordable Dwelling Unit shall provide relocation assistance to the tenants of any rental Affordable Dwelling Unit at the time of the expiration of the affordability restrictions. The landlord/owner of any such Affordable Dwelling Unit shall, no later than one year prior to the expiration of the affordability restrictions required by the cit 's Program, submit a relocation assistance j2lan "RAP" to the city for approval. The RAP shall at a minimum include a contribution of 50% of the reasonable market costs that will be incurred by the tenant of each such Affordable Dwelling Unit in moving the tenant's physical properly from the subject property. The landlord/owner submitting the RAP to the city shall provide the tenant of such Affordable Dwelling Unit with a copy of the proposed RAP in order to enable the tenant to provide comments to the city regarding the proposed RAP. The city shall act on the landlord's/owner's proposed RAP within sixty (60) days of the filing of such plan. If the landlord/owner of an Affordable Dwelling Unit fails to submit a RAP to the city no later than one year prior to the expiration of the thirty 30 ear affordability period, or fails to secure the aPRroval of such RAP by the cit manager no later than six (6) months prior to the expiration of the thirty (30) year affordability period, the period of re uired affordability under the cit 's Pro am shall be extended one (I) day for every day the landlord/owner has been late in submitting or securingtpproval of such RAP as set forth above. Upon approval of a RAP for an Affordable Dwelling Unit, the approved RAP shall be presented by the landlord/owner to the tenant of such unit no less than six 6 months prior to the conclusion of the thirty 30year affordability period. D. No proffers allowed for Affordable Dwelling Units, Affordable Dwelling Unit -related contributions of land or other property interests, or monetary contributions to the city of Fairfax housing trust fund No Affordable Dwelling Unit, Affordable Dwelling Unit -related contribution involving the dedication of land or other property interests, or monetary contribution to the city of Fairfax housing trust fund will be accepted by the city council as part of a_proffered condition in conjunction with any rezoning application acted upon by the city council after the effective date of the cit 's Program. Any such Affordable Dwelling Unit Affordable Dwelling Unit -related contribution involving the dedication of land or other property interests or monetM contribution to the cit 's housin trust fund shall be provided either as part of an owner and/or Zoning A licant's compliance with the requirements of the city's Program or through a request for modifications under §6.I9. E. Condominium conversions In the event the owner of an Affordable Dwelling Unit wishes to convert such unit to condominium ownership, such conversion may take place only after the owner has submitted and the city has a roved a plan to ensure the continued provision of Affordable Dwelling Units on the site. Any such vlan must ensure the provision of affordable rental or for -sale units under the terms of the Affordable Dwelling Unit Program for the balance of the thirty (30) year affordability period or provide a cash - in -lieu contribution that meets the approval of the city council under 6.19. 1. The owner of an Affordable Dwelling Unit may elect to sell any Affordable Dwelling Unit that are converted to condominiums under the regulations of &3.9.4. Any plan for the sale of Affordable Dwelling Units after being converted to condominiums must provide the tenants of any such Affordable Dwelling Units the right to purchase any such condominium unit before such unit may be sold to any other person who qualifies to purchase such Affordable Dwelling Unit under the terms of the city's Program. 2. The owner of Affordable Dwelling Units may elect to rent those Affordable Dwelling Units that are converted to condominiums under the regulations of §3.9.5. Any plan for the rental of Affordable Dwelling Units after being converted to condominiums must provide that all Affordable Dwelling Units in the development will be transferred to the owner of the Affordable Dwelling Units before the conversion and that all covenants applicable to the Affordable Dwelling Units remain in full force and effect after the conversion. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 5, §5.5 of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §5.5. DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING §5.5.1. Designation The director of community development and planning, as appointed by the city manager, shall administer and enforce these zoning regulations, except as otherwise specified. In the performance of his or her duties, the director may request the assistance of any appropriate officer or agency of the city. §5.5.2. Powers and duties A. General The director shall have powers and duties as may be described elsewhere in this chapter. B. Recommendations The director shall be responsible for making recommendations regarding the following: 1. Text amendments (§6.3); 2. Map amendments (rezoning) (§6.4); 3. Certificates of appropriateness, major (§6.5); 4. Planned development reviews (§6.6); 5. Special use reviews (§6.7):; and 6. Affordable dwelling unit modifications 06.19). C. Final decisions The director shall be responsible for making final decisions regarding the following: 1. Certificates of appropriateness, minor (§6.5). BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 6, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: §6.1. SUMMARY OF REVIEW AUTHORITY The following table summarizes review and approval authority under this chapter. R <D '' > 63 I CJU raliCUU11101w RCYICW - eVlew> epsion § . Map Amendments (Rezoning) Review <Review> <Decision> §6.4 Certificates of Appropriateness Minor Decision Major Review Decision' Decision§6.5 Planned Development Reviews Review <Review> <Deasion> §6.6 Special Use Reviews Review <Deasion> §6.7 Site Plan Reviews Review Decision §6.8 Sign Permits Decision §6.9 Tree Removal Permits Decision §6.10 Floodplain Permits Review Decision §6.11 Erosion/Sediment Control Permits Review Deasion §6.12 Chesapeake Bay Preservation Reviews Review Decision §6.13 Stormwater Permit (VSMP Authority) Decision §6.14 Temporary Use Permits Decision §6.15 Administrative Adjustments Decision §6.16 Special Exceptions Review <Decision>' <Decision> §6.17 Variances Review <Decision>' <Decision> §6.18 Affordable Dwelling Unit Review <Decision> 6.19 Written Interpretations I I Decision Zoning Permits Decision Administrative Appeals Appeals to City Council Appeals to Court <Public Hearing Required> ' Altemative City Council approval procedure available. The board of zoning appeal approves all special exceptions in the RL. RM and RH districts. §6.2. COMMON REVIEW PROCEDURES §6.2.1. Pre -application meeting A. Before submitting an application required by this chapter, each Zoning Applicant may hold a pre -application meeting with the zoning administrator, the director of community development and planning, or other applicable review official(s), or with decision -making bodies (separately or jointly) to discuss the procedures, standards and regulations required for development approval in accordance with this chapter. There shall be no discussion of proffers at any pre -application meeting. B. No official action shall be taken at such meeting and no commitments shall be made by the city or any agency thereof at such meeting. C. A pre -application meeting shall be required for each of the following: 1. Map amendments (rezoning) (§6.4); 2. Planned development reviews (§6.6); 3. Special use reviews (§6.7); 4. Site plan reviews (§6.8); 5. Certificates of appropriateness (§6.5); 6. Special exceptions (§6.17)-;_and 7. Affordable Dwelling Unit modifications (§6.19). §6.2.4. Application processing G. Decisions Unless specifically provided elsewhere, all final decisions by decision -making bodies, including map amendments (rezoning), text amendments, planned development reviews, special use reviews, special exceptions, variances, affordable dwelling unit modifications, administrative appeals and appeals to city council, shall require an affirmative vote. Tie votes shall be considered denials of any requested change. §6.2.5. Notice and public hearings A. Summary of notice requirements Notice shall be required for applications as shown below, except as otherwise specified. Unless otherwise stated, all notice requirements shall be the city's responsibility. DEVELOPMENT REVIEw TYPE •� I- Affeciingmore fhan 25 ■ Parcels Text amendments :decreasing density ■ ■ u §6.3 Affecting 25 or fewer ■ ■ ;paicels, __ :Affecting more than 25 ■ ■ � parcel5.w Map amendments (rezoning)�etxeasing density... ■ ■' ■ §6:4 'Affecting 25;or,feurer ■ , �,' ■ Affecting more than 25 Planned development reviews parcels Affecting 25 or fewer parcels Special use reviews • §6.6 • • • ■ ■ I&T Special exceptions • • ■ §6.17 Variances • ■ ...:, ■ §6.18 a Affordable Dwelling Unit Modifications • ■ ■ .1V... j Administrative appeals ■ ;" '§6.M Aooeals to city council §6.2223 XM 46.19. AFFORDABLE DWELLING UNIT MODIFICATIONS 6.19.1. Applicabilit A. For sinsle-familv and multifamilv Affordable Dwelling Unit developments and an residential component of a mixed use Affordable Dwelling Unit Development, modifications to the requirements of the city's Program may be allowed by the cit council with the approval of a separate application for such modifications under the rovisions of the city's Program. §6.19.2. Pre -application meeting Zoning Applicants requesting modifications to the requirements of the city's Program shall hold a pre -application meeting in accordance with §6.2.1. §6.19.3. Application requirements Applications for modifications to the requirements of the city's Program shall be submitted in accordance with 46.2.3. A. Support for cites goal to provide Affordable Dwelling Units The Zoning Applicant shall provide the citv with sufficient iustification regarding how the proposed modification supports the city's goal of providing Affordable Dwellin Units throughout the city. The Zoning Applicant shall provide sufficient justification explaining why the proposed modification is necessary and preferable to the 4pplication of the requirements of the city's Program to the proposed development with no modification. B. Cash contributions to the city's housing trust fund Any request to modify the provisions of §3.9.3.C, 43.9.3.1), or 43.9.3.E shall include but need not necessarily be limited to, a cash contribution to the city of Fairfax housing trust fund and/or the dedication of land or other property rights to the -city to support the provision of affordable housing in the city. In the event a dedication of land or other property rights is proposed, the Zoning Applicant and the city must a rgree on the cash value of such dedication or rights in order for that type of modification to be allowed. If such modification based on the provision of a cash contribution or the dedication of land or other property rights is requested, any such contribution or dedication shall be the equivalent of the owner and/or Zoning Applicant's obligation to provide affordable dwelling units themselves and the following criteria shall apply to an,, such or contribution: l . Any cash contributions made in lieu of the provision of affordable dwelling units in coniunction with a modification request shall be a per unit cash contribution of 100% of the construction cost of a prototypical affordable dwelling unit based on the numbers of bedrooms in various_dwelling_unit tomes. 2. All cash contributions made in coniunction with a modification request shall be calculated in terns of current dollars, adjusted by the consumer price index, at the time the contribution is actually received by the city. 3. All cash contributions made in conjunction with a modification request shall be paid to the city before the first zoning permit for use and occupancy is issued for any part of the development. §6.19.4. Notice and hearings The city shall hold all re uircd ublic hearings and give notice in accordance with 6.2.5. 6.19.5. Action by the director of community development and planning The director of community development and planning, in consultation with the city manager -and the city's agent, if any, shall review each application for modifications to the re uirements of the city's Program in accordance with the a royal considerations of 0.19.7, and distribute the application to a ppropriate_agencies and reviewers. Prior to the approval of any such modification by city council, the director of community development and planning, after consulting with the city manager and the city's agent, if any, shall provide a recommendation regarding the proposed modification. §6.19.6. Action by city council _After receiving the recommendation from the director of community development and planning in consultation with the city manager, the city council shall review the proposed modification to the requirements of the city's Program, in a public hearing and in accordance with the approval considerations of §6.19.7 and approve, approve with modifications or conditions, table or defer, or disapprove the requested modification. §6.19.7. Approval considerations An application for such modifications may be approved upon a finding by the city council that the proposed alternative will positively impact the city's goal of providing a broad range of affordable housing opportunities throughout the city. In determining whether to approve a request for a modification to the requirements of the city's Program, the city council shall consider the following: A. The number of Affordable Dwelling Units regulated by the provisions of the city's Program and other types of affordable housing that exist or are in the process of being provided in the city; B. The extent to which existing Affordable Dwelling Units in the city have remained on the market unoccupied by persons who satisfied the provisions of this Article; C. The extent to which public facilities and services are available or will be available within a reasonably foreseeable period of time to accommodate the densities in those developments in the city -that include or will include Affordable Dwelling Units; D. Existing unique or unusual site constraints that would result in potential adverse impacts on environmental resources on the subject property or nearby or adjacent parcels, including, but not limited to, difficult soil or drainage conditions; E. Unusual costs associated with the development of the site, and F. The extent to which the proposed modification would support a specific program or goal of the city in providing Affordable Dwelling Units. §6.19.8. Limitation on Reduction of Affordable Dwelling Units The number of required Affordable Dwelling Units for any particular single-family or multifamily development, or any residential component of a mixed -use development, under the provisions of the city's Program shall not be reduced by more than 50%. However, multifamily_ Affordable Dwelling -Unit developmen_ts_that _are specifically designed and intended primarily for college and/or university student residents and multifamily components of mixed —use Affordable Dwelling Unit developments that are specifically designed and intended primarily for college and/or university student residents, may request modifications of more than 50% of the number of required Affordable Dwelling Units. §6.19.9. Transfer of Affordable Dwelling Unit modification approvals Affordable dwelling unit modification approvals, and any attached conditions run with the land and are not affected by changes in tenancy or ownership. 0.19.10. Appeals to court Final decisions by the city council on modifications to the re uirements of the cit 's Program may be appealed within 30 days of the decision in accordance with §6.23. [the existing 6.19 through 6.23 will need to slide one number back] §6.20. ZONING PERMITS §6.20.1. Applicability A. Zoning permits shall be reviewed in accordance with the provisions of §6.20. B. No building permit shall be issued prior to the approval of a zoning permit. It shall be unlawful to move, construct, or alter, or to commence moving, constructing or altering, except for making ordinary repairs, any building or other structure on a site, including an accessory structure, until the zoning administrator has issued a zoning permit. C. It shall be unlawful to use any land or building, or to change tenancy or ownership or any use, or to change the type of use of land, or to change the type of use or type of occupancy of any building; or to extend any use on any lot, until the zoning administrator has issued a zoning permit for such intended use. D. It shall be unlawful to undertake any land -disturbing activity until the zoning administrator has issued a zoning permit for such work. E. Zoning permits are not required for permitted temporary uses (See §3.5.6) or for tree removal (See §6.10). BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 8, §8.3, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: § 8.3. REMEDIES AND PENALTIES § 8.3.6. Civil penalties A. Violation of the provisions of this chapter, whether by act or omission, shall be punishable by a civil penalty of $200 per day and each day that a violation remains uncorrected after receiving notice of the violation from the city shall constitute a separate offense of this chapter. In addition, repeat violations, meaning violations of the same section that are repeated after resolution of the initial violation, shall be subject to the following penalties: 1. $500 for the second violation, 2. $500 for the third violation and 3. $500 for each additional violation to a maximum $2,500. B. The following provisions shall apply whenever any person violates any provision of the city. rg am, participates in the violation of any provision of the city's Program, ermits any violation of any provision of the city's Program, or fails to comply with any of the requirements of the city's Program: 1. Any landlord/owner of an Affordable Dwelling Unit who fails to submit executed and complete affidavits, certifications, or any other documentation required by or under the city's Program shall be fined from two hundred dollars ($200.00) 1)er day per unit, up to a maximum of two thousand five hundred dollars ($2,500.00) per day per unit, until such time as the required affidavit, certification, or documentation is filed with the city, but any such fine will apply only after written notice and a ten-day compliance period is provided. Any fines levied under the provisions of this paragraph shall become liens against the real property and shall accumulate interest at the judgment rate of interest. 2. Tenants of Affordable Dwelling Units who fail to submit executed and complete affidavits certifications or other documentation re wired by or under the city's Program shall be subject to lease termination and/or eviction procedures. C. The violation by any i3erson of any other provision of the Cit 's progLam, whether b act or omission, shall be punishable in accordance with the terms of Section 8.3.6(A). D. The designation of a particular violation of this chapter as a civil penalty shall preclude criminal prosecution or sanctions, except for any infraction also resulting in injury or death to any person or persons. § 8.3.7. Criminal penalties A. Any violation of the following provisions, or any provision of proffers accepted pursuant thereto shall be deemed a misdemeanor and, upon conviction, shall be fined not more than $1,000 for each offense: 1. §3.7.2, Historic overlay districts; 2. §3.9, Affordable dwelling units, for -falsely swearing to an affidavit, as specified in 8§ 3.7.F; L3. §4.6, Signs, only as applied to signs placed in the right of way or on public property; 34. §4.15, Floodplains; 45. §4.16, Storm drainage facilities; 46. §4.18, Chesapeake Bay preservation; and 67. §6.8, Site plan review. B. Failure to remove or abate a zoning violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000; and C. Failure to remove or abate a zoning violation during a succeeding 10-day period shall constitute a separate misdemeanor offense punishable by of fine of not more than $1,500; and D. Continued failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not more than $2,000. E. The remedy provided for in this §8.3 shall be in addition to any other remedies provided by law; however, the designation of a particular violation of this chapter as a civil penalty shall preclude criminal prosecution or sanctions, except for any infraction also resulting in injury or death to any person or persons. F. Any landlord/owner or tenant of an Affordable Dwelling Unit who shall falsely swear to or who executes an affidavit or certification required by or under the cit 's Pro am knowing the statements therein are false shall be guilty of a misdemeanor. 1. Fines levied against landlords/owners of Affordable Dwelling Units under the provisions of this Section shall become liens against the real property and shall accumulate interest at the iudgment rate of interest. 2. Tenants of Affordable Dwelling Units who shall falsely swear to or who execute an affidavit or certification required by the cit 's Pro am knowing the statements contained in that affidavit or certification to be false shall also be subject to lease termination and/or eviction procedures as provided under the terms of the city's Program (see ADU Administrative Regulations & 4(F)(2)(f). 3. Owners of individual Affordable Dwelling Units who falsely swear that they continue to occupy any such Affordable Dwelling Unit as their primary_place of domicile shall forfeit any right they may have had to occupy such Affordable Dwelling Unit as their primary place of domicile the city shall have an exclusive right to purchase any such Affordable Dwelling Unit and the owners shall be required to sell any such Affordable Dwelling Unit to the city at a cash closing as set forth herein within 60 days or as soon thereafter as possible after the city learns of any such false affirmation. In such event the owner of such Affordable Dwelling Unit shall offer to sell the Affordable Dwelling Unit in guestion to the city for a price not to exceed the control price of the unit at that time as established herein. The control price shall be determined by the original_ selling price, plus any increase in the United States Department of Labor's Consumer Price -Urban Area Index, plus the lesser of the current fair market value or the _actual original cost of certain improvements made after the owner's purchase of the Affordable Dwelling Unit and the date of resale. §8.3.8. Other penalties, remedies and powers In addition to all other actions and penalties authorized in this article, the city attorney is authorized to institute injunctive, abatement or any other appropriate judicial or administrative actions or proceedings to prevent, enjoin, abate, or remove any violations of this chapter. After due notice to the owner of the violation, the city may also issue a citation for violation of this chapter requiring the presence of the violator in municipal court. In the event a fine is levied against anv such violator, anv such fine(s) shall become a lien against the real property pursuant to this Section, and shall accumulate interest at the judgment rate of interest. 8.3.9. Other violations of the city gram Anv person who violates the citv's Program in a manner not svecified above in this Section may be fined from $100.00 per day per unit, up to a maximum of two thousand five -hundred dollars ($2,500.00) per incident, until such time as the situation is brought into conformance with the applicable requirements. In the event a fine is levied against a landlord/owner of an Affordable Dwelling Unit, any such fine(s) shall become a lien against the real property and shall accumulate interest at the judgment rate of interest. §8.3.1910. Continuation of previous enforcement actions Nothing in this chapter prohibits the continuation of previous enforcement actions, undertaken by the city pursuant to previous valid ordinances and laws. §8.3.4-011. Remedies cumulative The remedies and penalties established in this chapter are cumulative, and the city may exercise them in any combination or order. §8.3.4412. Persons subject to penalties The landlor(L'owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 110, Article 9, of the Code of the City of Fairfax, Virginia, is hereby amended as follows: DEFINITIONS Affordable Dwellin Unit: The term "Affordable Dwelling Unit" shall mean an affordable dwelling unit for which the rental and/or sales price will be controlled in accordance with the provisions of the city's Program. Affordable Dwelling Unit Development : The term "Affordable Dwelling Unit Development" shall mean any development resulting from a Land Use Application that includes a total of 30 or more dwelling units and, therefore, is required to provide affordable dwelling units or any development that voluntarily a ees to Rrovide Affordable Dwellin Units. Affordable Dwelling Unit Development Regulations: The term "Affordable Dwelling Unit Development Regulations" shall mean those provisions in Section 3.6.1 B of this Ordinance pertaining to Affordable Dwelling Unit Developments. Control Period: The term "Control Period" shall mean the period during which an Affordable Dwelling Unit is subject to the terns and conditions of the City's Program. The city gram: The term "the city's Program" shall mean the provisions of the city of Fairfax's Zoning Ordinance pertaining to affordable dwelling units, and all rules, regulations and other administrative provisions applicable thereto, including, but not limited to, the city's Affordable Dwelling Unit Administrative Regulations. The city's Affordable Dwelling Unit Administrative Regulations: The term "the city's Affordable Dwelling Unit Administrative Regulations" shall mean those administrative regulations ado ted by the city council under which the provisions of the city's Zoning Ordinance pertaining to affordable dwelling units are regulated. Land Use Application: The term "Land Use Application" shall mean any rezoning, special use 12ermit, special exception, site plan, planned development, final subdivision plat, preliminary subdivision plat, or other applicable zoning permit. Zoning Applicant: The term "Zoning Applicant" shall mean any Uplicant for a Land Use Application in the city. This ordinance shall be effective on June 23, 2020. PLANNING COMMISSION PUBLIC HEARING: June 8, 2020 PUBLIC HEARING: June 23, 2020 ENACTED: June 23, 2020 ATTEST: City Clerk VOTE: Councilmember DeMarco Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Aye Councilmember Yi Aye Mayor - A /Z"-)- Date