§ 27-222 — Exceptions

Sec. 27-222. - Exceptions.

Compliance with this division shall not be required for a residential development under any of the following circumstances: (a) Construction upon any property which is, alone or in combination with other properties, the subject of a contractual commitment or covenant that is properly recorded and is enforceable by the city to construct affordable housing, including by way of example any development or subdivision agreement which includes an affordable housing covenant and to which the city is a party, any city-approved plan to build moderately priced development units (MPDUs) under article IV of this chapter 27, any city-approved plan to build affordable units in place of the linkage fee, or an affordable housing plan executed to meet incentive requirements under former Article VI of this Chapter 27. The exception provided by this subsection (a) shall apply only for so long as such contractual commitment or covenant to construct affordable housing remains in effect. Construction upon property that, alone or in combination with other properties, was originally developed under such a contractual commitment or covenant and is substantially proposed for redevelopment shall be subject to the requirements of this section here under unless the redevelopment is governed by a new contractual commitment or covenant to construct affordable housing, or otherwise qualifies for an exception under any other provision of this section. (b) Construction upon any property subject to an obligation as a condition of zoning to provide affordable housing on the property. (c) Affordable housing projects that are or will be restricted by law, contract, deed, covenant, or any other legally enforceable instrument. (d) Residential developments that are built by any charitable, religious, or other nonprofit entity and deed restricted to ensure the affordability of the dwelling units to low- and moderate-income households. (e) Any structure that contained a residential development that is being reconstructed up to the legally established gross floor area due to involuntary demolition or involuntary destruction as defined in Article 13 of the Denver Zoning Code, but which also includes involuntary man-made forces. (f) Projects that are high impact developments, which shall instead be required to comply with division 3.

(Ord. No. 426-22, § 2, 6-6-22)