§ 4.7.2. Applicability.

Except as otherwise provided in this ordinance, these regulations shall apply only to development applications consistent with the following conditions:

a.

Subject to restrictions contained in this Article, development must be located within the established Southwest Neighborhood Overlay District, the Carver Estates Overlay District, or the Infill Workforce Housing Area to qualify for participation in the Density Bonus Program set forth in this Article 4.7.

b.

Subject to the restrictions of this Article, developments constructed pursuant to Section 4.3.4(J)(4)(b) must provide a proposal for workforce housing satisfactory to the City Commission to qualify for an increase in height. Developers may propose to meet this requirement by providing the units onsite, providing a monetary contribution, or delivery of offsite units. The developer's proposal for satisfying its workforce housing obligations pursuant to this section shall be subject to the review and approval by the City Commission. The City Commission may, in its sole and absolute discretion, accept the developer's plan for workforce housing, reject the developer's plan for workforce housing, or direct the developer to modify and re-submit a workforce housing proposal. A combination of these three options is permissible subject to City Commission review and approval as provided for herein. For each required workforce housing unit which is approved by the City Commission for payment by monetary contribution, developers shall make a payment of a sum equal to $160,000.00, payable to the City of Delray Beach Housing Trust Fund in lieu of providing the workforce housing unit within the development. The applicant must elect and submit its preferred option or combination of options for meeting the workforce housing requirement at the time application for conditional use approval is submitted for consideration by the appropriate board. Offsite units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required for each phase. [Amd. Ord. 15-15 7/7/2015]; [Amd. Ord. 52-08 11/18/08]; [Amd. Ord. 11-07 3/20/07]

c.

Subject to the restrictions of this Article, developments constructed pursuant to 4.4.13(I) must provide a proposal for workforce housing satisfactory to the City Commission to qualify for increased density. Developers may propose to meet this requirement by providing the units onsite, providing a monetary contribution, or delivery of offsite units. The developer's proposal for satisfying its workforce housing obligations pursuant to this section shall be subject to the review and approval by the City Commission. The City Commission may, in its sole and absolute discretion, accept the developer's plan for workforce housing, reject the developer's plan for workforce housing, or direct the developer to modify and re-submit a workforce housing proposal. A combination of these three options may be permissible subject to City Commission review and approval as provided for herein. For each required workforce housing unit, which is approved by the City Commission for payment by monetary contribution, developers shall make a payment of a sum equal to $160,000.00, payable to the City of Delray Beach Housing Trust Fund, in lieu of providing the workforce housing unit within the development.

The applicant must elect and submit its preferred option or combination of options for meeting the workforce housing requirement at the time application for conditional use approval is submitted for consideration by the appropriate board. Offsite units may be located anywhere within the City of Delray Beach. These units cannot be previously allocated as workforce housing units in another project. These units would be constructed at the time of the first vertical building permit issuance. If the project is built in phases, then the workforce units would be constructed in the same proportion and manner as the number of workforce units required for each phase. [Amd. Ord. 15-15 7/7/2015]; [Amd. Ord. 52-08 11/18/08]; [Amd. Ord. 11-07 3/20/07]

d.

In order to qualify for a density bonus, a project must consist of at least five new or substantially rehabilitated dwelling units. The HUD definition shall be used to determine whether there has been substantial rehabilitation. In addition, the units must contain design features, such as, but not limited to front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features.

e.

The developer or responsible party must provide relocation assistance at a minimum of $2,500.00 per each household that is displaced as a result of the proposed project.

f.

In the Southwest 10th Street Overlay District, at least twenty percent of all residential units must be workforce housing units that are affordable to very low, or low, or moderate income families.

g.

The Carver Estates Overlay District, the Southwest Neighborhood Overlay District, and the Infill Workforce Housing Area shall contain units that are affordable to very low, or low, or moderate income families.

h.

Developments which must provide workforce housing pursuant to Section 4.3.4(J)(4)(b)ii(1) or Section 4.4.13(I) shall contain units that are affordable to low or moderate income families.

i.

In the I-95/CSX Railroad Corridor Overlay District, at least twenty-five (25) percent of all residential units must be workforce housing units that are affordable to very low, or low, or moderate income families. [Amd. Ord. 10-07 3/20/07]

j.

In the Silver Terrace Courtyards Overlay District, at least 20 percent of all residential units must be workforce housing units that are affordable to very low, or low, or moderate income families. [Amd. Ord. 38-09 8/18/09]