23.58B.020

A. Voluntary agreement; impact mitigation options. If an applicant elects to seek approval of a permit for a development as described according to subsection 23.58B.020.B, the applicant shall: 1. Enter into a voluntary agreement with the City to mitigate impacts on the need for affordable housing according to this Chapter 23.58B . 2. The applicant shall mitigate impacts on the need for housing affordable to households of new lower wage workers either through the payment option according to Section 23.58B.040 or through the performance option according to Section 23.58B.050 . 3. In the absence of a signed voluntary agreement, acceptance of the permit by the applicant shall constitute a voluntary agreement for the purpose of this Chapter 23.58B . B. Applicability. Except as provided according to subsection 23.58B.020.C, this Chapter 23.58B shall apply to development that includes more than 4,000 square feet of gross floor area in commercial use through one of the following: 1. Construction of a new structure; 2. Construction of an addition; or 3. Change of use from residential use to commercial use. C. Exemption. Low-income housing that includes floor area in commercial use is exempt from the requirements of this Chapter 23.58B . D. Relationship to incentive zoning. Where the provisions of the zone refer to this Chapter 23.58B and where bonus non-residential floor area or extra non-residential floor area may be achieved according to the provisions of the zone and/or Chapter 23.58A , the following provisions apply: 1. All requirements to provide affordable housing to gain bonus non-residential floor area or extra non-residential floor area according to the provisions of the zone and/or Chapter 23.58A shall be satisfied solely by compliance with this Chapter 23.58B . 2. Any non-housing requirements for achieving bonus non-residential floor area or extra non-residential floor area shall be satisfied according to the provisions of the zone and/or Chapter 23.58A . (Ord. 126855 , § 47, 2023; Ord. 125791 , § 92, 2019; Ord. 125233 , § 5, 2016; Ord. 124895 , § 2, 2015)