10-3-1529.5: WAIVERS:
In addition to any construction incentive requested by an applicant pursuant to section 10-3-1526.5 of this article, if an applicant for a density bonus permit demonstrates that certain zoning or development standards are the sole reason that eligible units cannot be developed in an economically feasible manner on a specific site, and the applicant demonstrates that no other incentive provided in this article will cause development of the eligible units to become economically feasible, then the planning commission may grant a waiver of the subject zoning or development standards as part of the density bonus permit. The applicant shall bear the burden of proving, through substantial evidence, that the waiver or modification is necessary to make the affordable housing units economically feasible. At a minimum, any request for a waiver of zoning or development standards pursuant to this section shall be accompanied by a pro forma or other financial analysis prepared by a qualified expert demonstrating that the proposed waiver or modification is necessary to make the affordable units economically feasible. (Ord. 05-O-2482, eff. 9-16-2005)