550.810. - Applicability.
(a) In general. Approval of any site plan review application to allow a building or use containing twenty (20) or more new or additional dwelling units, including multiple-family dwellings, cluster developments, common lot developments, and planned unit developments, shall be conditioned upon compliance with the inclusionary housing requirements specified in the city's Unified Housing Policy in effect on the date a complete site plan review application is submitted.
(b) Exceptions.
(1) In general. Any residential uses exempt as specified in the Unified Housing Policy.
(2) Extraordinary circumstances. The city council shall have the authority to grant exemptions from inclusionary housing requirements where it finds the following:
a. Extraordinary circumstances exist, including but not limited to substantial and unusual hardship.
b. There is sufficient public benefit to justify the exemption.
(c) Phased implementation.
(1) Residential uses with twenty (20) to forty-nine (49) units. The applicability of inclusionary housing requirements to developments with not less than twenty (20) but no more than forty-nine (49) dwelling units shall be delayed in a manner specified in the Unified Housing Policy.
(2) Residential condominiums. The applicability of inclusionary housing requirements to individually-owned dwelling units, such as condominiums or for-sale townhomes, shall be delayed in a manner specified in the Unified Housing Policy.
(3) Nonresidential conversions. Residential units being established within an existing building's floor area originally constructed for or historically used primarily for nonresidential uses shall not be subject to the requirements of this article when a complete land use application is submitted from October 1, 2024, to October 1, 2029.
(Ord. No. 2024-033, § 2, 9-19-24)
