Sec. 9-10.502.  Eligibility for density bonus.
   (a)   A residential development is eligible for a density bonus as follows:
   (1)   The residential development must result in a net increase of at least five (5) dwelling units located on the same lot, or contiguous lots that are being considered under the same development application(s).
   (2)   A residential development is eligible for a twenty (20%) percent density bonus if the applicant seeks and agrees to construct any one (1) of the following:
   (i)    Ten (10%) percent of the total units of the residential development at affordable ownership cost or affordable rent for lower income households; or
   (ii)   Five (5%) percent of the total units of the residential development at affordable ownership cost or affordable rent for very low income households; or
   (iii)   Of the number of senior citizen housing units in a development.
   (3)   A residential development is eligible for a five (5%) percent density bonus if the applicant seeks and agrees to construct the following:
   (i)   Ten (10%) percent of the total units in a common interest development at affordable ownership cost for moderate income households; and
   (ii)   All of the dwelling units in the residential development are offered to the public for purchase.
   (b)    The density bonus for which the residential development is eligible shall increase if the percentage of units affordable to very low, lower, and moderate income households exceeds the applicable base percentage established in Subsections (2) and (3) above, as follows:
   (1)   For each one (1%) percent increase above ten (10%) percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half (1 1/2%) percent, up to a maximum of thirty-five (35%) percent bonus.
   (2)   For each one (1%) percent increase above five (5%) percent in the percentage of units affordable to very low income households, the density bonus shall be increased by two and one-half (2 1/2%) percent, up to a maximum of thirty-five (35%) percent bonus.
   (3)   For each one (1%) percent increase above ten (10%) percent in the percentage of units affordable to moderate income households, the density bonus shall be increased by one (1%) percent, up to a maximum of thirty-five (35%) percent bonus.
   The following table summarizes available density bonuses:
 
Density Bonus Summary Table
Income Category
Minimum %Affordable units
Bonus Granted
Additional Bonus for Each 1% Increase in Affordable units
% Affordable units Required for Maximum 35% Bonus
Very Low Income
5%
20%
2.5%
11%
Lower Income
10%
20%
1.5%
20%
Moderate Income (for-sale common interest development only)
10%
5%
1%
40%
Senior Citizen Housing Development
100%
20%
 
   (c)   Each residential development is entitled to one (1) density bonus, based on the percentage of only one (1) of the following:
   (1)   Units affordable to very low income households; or,
   (2)   Units affordable to lower income households; or,
   (3)   Units affordable to moderate income households; or,
   (4)   The project's status as a senior citizen housing development.
   Density bonuses from more than one (1) category may not be combined.
   (d)   When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number.
   (e)   The density bonus units shall not be included when determining the number of affordable units necessary to qualify for a density bonus. When calculating the required number of affordable units, any calculations resulting in fractional units shall be rounded to the next larger whole number. As an example, a residential project for which a density of one hundred (100) dwelling units would otherwise be allowable under the zoning will qualify for a twenty (20%)  percent density bonus by providing ten (10) dwelling units as affordable to lower-income households. With the density bonus, the total project size will be one hundred and twenty (120) dwelling units, of which ten (10) dwelling units shall be affordable to lower-income households, and twenty (20) dwelling units shall be the density bonus units.
   (f)   The applicant may request a lesser density bonus than the bonus to which a project is entitled, but no reduction will be permitted in the number of affordable units required pursuant to subsection (a) above. Regardless of the number of affordable units provided, no residential development may be entitled to a density bonus of more than thirty-five (35%) percent.
(§ 1, Ord. 1506-NS,  eff. October 9, 2008, as amended by § 3, 4, Ord. 1540-NS, eff. July 23, 2010, and § 55, Ord. 1620-NS, eff. August 12, 2016)