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a.Developers of less than six (6) housing units are exempt from mandatory compliance with this chapter.

b.Developers of six (6) or more housing units shall:

1.Provide at least twenty percent (20%) of their project for moderate-income and low-income households. The units supplied shall be a proportionate mix of units to the number of units in the entire project, and similar in size and type, excluding amenities; or

2.Provide an approved developer housing program to the City promoting the City’s goal that at least twenty percent (20%) of all new housing be affordable to low- and moderate-income households. Designation of levels of affordability shall be subject to Council approval of the developer housing program. The units supplied shall be a proportionate mix of units to the number of units in the entire project, and similar in size and type, excluding amenities. That program shall contain the developer-proposed technique or combination of techniques meeting the equivalent of the City’s moderate- and low-income housing goal. Affordable units must be developed on site unless they meet the criteria of Section 8-1.04(m). No development shall occur until the City Council approves the developer housing program. Such approval shall be discretionary by the City Council.

c.The developer may choose to produce twenty percent (20%) low-income housing instead of moderate-income housing. In such a case, the City may choose to increase the level of incentives. If a developer provides land or funds in lieu of producing housing, the City or other housing sponsor may choose to use these resources to produce low- or moderate-income housing.

d.In consideration of developer participation, the City may offer incentives as it deems appropriate to developers of low- or moderate-income housing in the City, including those provided by State law. These may be adopted by Council resolution and suited to the particular circumstances of such developments. (Ord. 3671 § 4, 2023; Ord. 3344, 2004. Formerly 8-6)