Chapter 17.55
MODERATE INCOME HOUSING

Sections:

17.55.010    Purpose.

17.55.020    Definitions.

17.55.030    Standards.

17.55.040    Residential developments.

17.55.050    Process.

17.55.010 Purpose.

To provide affordable housing to the citizens of Francis City and to accomplish the goals of the moderate income housing element of the Francis City general plan. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2020-07 § 1 (Exh. A), 2020; Ord. 2016-09 § 1, 2016; Ord. 2008- § 6.30, 2008; Ord. 66 § 6.30, 1993.)

17.55.020 Definitions.

“Affordable” is defined as the ability of a household to occupy a dwelling unit paying no more than 30 percent of the household’s gross income for housing costs, including utilities.

“Area median income (AMI)” is defined as the median household income for a household in Eastern Summit County.

“Moderate income housing” is defined as owner-occupied dwelling units that are offered for sale at a rate that is affordable to those households having incomes that are 81 to 120 percent of the AMI. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2020-07 § 1 (Exh. A), 2020.)

17.55.030 Standards.

1. The provisions of this section may apply to (each “development”):

a. Large single-family subdivisions (50 lots or more);

b. Multiple-family developments (25 units or more);

c. Conservation subdivision developments; and

d. Mixed-use developments.

2. A development meeting the criteria in subsection (1) of this section, as an incentive to provide moderate income housing as part of the development, may exceed what would otherwise be the maximum allowed number of dwelling units with one bonus market rate unit for each moderate income housing dwelling unit included in the project, up to five bonus units. The bonus density in this section may not be combined with bonus density given for multifamily developments as outlined in FCC 18.58.020 or city center residential mixed use as outlined in FCC 18.57.070. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2020-07 § 1 (Exh. A), 2020.)

17.55.040 Residential developments.

New residential developments in the R-H (half acre residential), R-C (residential cottage zone), CC (city center zone) or R-M (multifamily residential) zoning districts are encouraged to provide moderate income housing units as part of the project. Projects including moderate income housing units may apply for the following density bonuses:

1. Those lots in a new single-family conventional subdivision which are proposed to contain moderate income housing dwelling units may be reduced in area by up to 20 percent of the minimum lot size and frontage of the underlying zoning district. Reduced lot size and frontage applies only to lots on which moderate income housing dwelling units will be built.

2. The density bonus shall be used to include moderate income housing dwelling units as a part of a larger development, as a means of avoiding concentrating such housing in any given area of the subdivision and/or the City.

a. The moderate income housing dwelling units shall be of a similar size and scale as the rest of the development’s units.

b. The moderate income housing dwelling units or lots shall be built in conjunction with the rest of the project and built before 50 percent or ratable of the development is completed.

c. The moderate income housing dwelling units shall be dispersed throughout the development without being built on adjacent lots or clustered in one part of the development. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2020-07 § 1 (Exh. A), 2020.)

17.55.050 Process.

1. Prior to approval of the final plat for any dwelling unit in a development for which density bonus units have been awarded, the developer shall enter into a moderate income housing development agreement with Francis City that identifies which lots are intended to be the moderate income housing units, identifies the builder of each moderate income housing dwelling unit, and guarantees for 30 years their continued use and availability to households that qualify for moderate income housing by means of a deed restriction or other means.

2. The terms and conditions of the agreement shall run with the land, be noticed to title, shall be binding upon the successor in interest of the developer, and shall be recorded in the office of the Summit County Recorder.

3. The deeds to the designated units shall state that the developer or his/her successor in interest shall confirm the continued use of the designated units for households that qualify for moderate income housing. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2020-07 § 1 (Exh. A), 2020.)