Sec. 9-10.302. Applicability.
   Unless otherwise exempted pursuant to Section 9-10.303, all residential developments of ten (10) or more residential units shall be subject to the requirements of this article, and shall be subject to the following requirements:
   (a)   Construction of Rental Inclusionary Units. Apartment developments shall provide at least ten (10%) percent of the total dwelling units as low-income inclusionary units.
   (b)   Construction of Ownership Inclusionary Units. Condominium/Townhome developments shall provide at least ten (10%) percent of the total dwelling units as moderate-income inclusionary units. Detached single-family home developments shall provide at least five (5%) percent of the total dwelling units as moderate-income inclusionary units.
   (c)   For the purposes of calculating the number of inclusionary units required, any additional dwelling units authorized as a density bonus under the City Density Bonus Ordinance or State law will not be counted in determining the required number of inclusionary units.
   (d)   Any fractional number of inclusionary units required in a residential development, shall be provided by payment of an in-lieu fee in the amount determined pursuant to Section 9-10.306 of this Chapter.
(§ 1, Ord. 1506-NS, eff. October 9, 2008, as amended by § 4, Ord. 1543-NS, eff. October 8, 2010, and § 4, Ord. 1719-NS, eff. November 24, 2023)