Bloomington, Minn., Code of Ordinances § 9 § 9.08

OFF-SITE (Bloomington Housing Opportunity and Preservation Ordinance)

In Force
Verified 9/15/2026 · Next check 12/14/2026
BloomingtonAffordable Housing Programs

Operative Text

Bloomington, Minn., Code of Ordinances § 9 § 9.08
(a) In consideration of and as a way of providing the developer with tools and flexibility to meet the requirements of this chapter, a developer may meet its opportunity housing requirement by the construction of opportunity housing units on a site different from the site of the residential development as follows:


(1) For-sale residential development. Off-site opportunity housing units equivalent to no less than 9% of the total dwelling or co-living units
in the residential development must be made available for purchase at a housing cost to those households earning no more than 110% of the area median income.


(2) Rental residential development. Off-site rental opportunity housing units numbering no less than 9% of the total dwelling or co-living units
in the residential development must be made available for rent with a housing mix of extremely low, very low and up to 60% AMI households.


(3) Additional requirements . All opportunity housing units constructed off-site of the residential development must also comply with all of the following requirements:


(A) The site of the opportunity housing conforms to the city’s affordable housing dispersion objective set forth in § 9.36 ;


(B) The site has a comprehensive plan designation authorizing residential uses and is zoned for residential development at a density to accommodate at least the number of required opportunity housing units within the residential development;


(C) The site can accommodate the development of the opportunity housing units;


(D) Environmental review for the site has been completed for the presence of hazardous materials and geological hazards, and all such hazards are or must be mitigated to the satisfaction of the city prior to acceptance of the site by the city;


(E) The construction schedule for the off-site opportunity housing units must be included in the affordable housing plan pursuant to § 9.32 and the opportunity housing agreement pursuant to § 9.35 ; and


(F) Construction of the off-site opportunity housing units must be completed prior to or concurrently with the market rate residential development pursuant to § 9.36 (e).


(4) Location. Where the market rate residential development is located in a district plan area, the following will apply:


(A) The off-site opportunity housing units for the residential development must be located within the same district plan area.


(B) If at the time of submission of the affordable housing plan pursuant to § 9.32 , the developer has petitioned and provided credible documentation in writing to the Community Development Department that there is insufficient available land within the district area plan to construct the off-site opportunity housing units, the opportunity housing units may be constructed upon a site approved by the city in another area in the city.


(5) Incentives. In cases where opportunity housing units are constructed off site, the tools and incentives described in Article III apply only to the site hosting the opportunity housing units.


(Ord. 2019-16 , passed 2-25-2019; Ord. 2019-30 , passed 8-5-2019; Ord. 2025-07 , passed 4-28-2025)
Source: Legislative text reproduced verbatim
Plain English

Bloomington, Minn., Code of Ordinances § 9 § 9.08 establishes an off-site option within the city's opportunity housing program, allowing developers to fulfill their affordable unit requirements by building those units on a separate parcel rather than within the primary development. For-sale projects must provide off-site units equal to at least 9% of total dwelling units, affordable to households earning up to 110% of area median income, while rental projects must also meet a 9% threshold with a mix of extremely low, very low, and up to 60% AMI households. The off-site site must satisfy a series of conditions—including zoning compatibility, environmental clearance, alignment with the city's affordable housing dispersion objective, and a construction timeline that runs concurrently with or before the market-rate development.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 15, 2026

Plain English — not legal advice.

For Property Managers

Developers and property managers working under § 9 § 9.08 who choose the off-site path generally identify a qualifying parcel early in the planning process, since the site must be zoned for residential use at sufficient density and must conform to the city's affordable housing dispersion objective under § 9.36. Compliant operators typically complete environmental hazard review for the off-site parcel and incorporate the construction schedule into both the affordable housing plan (§ 9.32) and the opportunity housing agreement (§ 9.35) before city acceptance. It is also worth noting that under § 9 § 9.08(5), the Article III incentives and tools attach only to the site where the opportunity housing units are actually built, not to the primary market-rate development site.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Renters and prospective buyers interested in opportunity housing units created under § 9 § 9.08 should be aware that these units may be located on a different site than the market-rate development they are associated with, and that the city requires the off-site units to be completed no later than the market-rate units. Rental opportunity housing units produced under this provision must serve a mix of extremely low, very low, and up to 60% AMI households, which may affect eligibility thresholds for specific units. Those seeking more information about available units, income qualifications, or the city's affordable housing dispersion policies can contact Bloomington's Community Development Department or reach out to a local tenant-rights organization familiar with the city's opportunity housing framework.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 1437
Declaration of policy and public housing agency organization
§ 5.100
§ 5.100 Definitions.
§ 5.107
§ 5.107 Audit requirements for non-profit organizations.

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