§ 920-6.208. Waiver.

(a)

Affordable Housing Units. Upon application by the developer, the community development director may waive fifty percent of the land dedication and fee requirements for dwelling units that the community development director determines, in a written finding, fit into one of the following categories: (1) Rental units affordable to households earning less than eighty percent of the area median income; or (2) ownership units affordable to households earning less than one hundred twenty percent of the area median income. As a condition of such waiver, the developer shall enter into a regulatory agreement with the county, guaranteeing the use, occupancy, affordability, and term of affordability of such dwelling units. Rental units for which a waiver is granted under this section shall be restricted to that use for a minimum of fifty-five years. Ownership units for which a waiver is granted under this section shall be restricted to that use for a minimum of thirty years.

(b)

Inclusionary Housing Units. In lieu of the land dedication and fee waiver for affordable housing units as set forth in subsection (a) of this code, developments that are subject to Chapter 822-4 of this code shall be eligible for a partial waiver of land dedication and fee requirements, as follows:

(1)

Fifty percent of the land dedication and fee requirements shall be waived for each rental unit to be developed and rented as an inclusionary unit under the terms and conditions of Section 822-4.410(a) of this code.

(2)

Fifty percent of the land dedication and fee requirements shall be waived for each for-sale unit to be developed and sold as an inclusionary unit under the terms and conditions of Section 822-4.410(b) of this code.

(3)

If a fee is paid in lieu of constructing some or all inclusionary units in a development, pursuant to Section 822-4.404 of this code, fifty percent of the land dedication and fee requirements shall be waived for the number of inclusionary units for which the in-lieu fee is paid.

(Ord. 2007-19 § 6).

Article 920-6.6. East County Area