(4) Downtown districts – Owner-occupied units. In the downtown districts and in planned developments with an underlying downtown district zoning classification, a developer of owner-occupied units subject to the provisions of subsection (C) may establish affordable housing by one or more of the following: (a) the establishment of affordable owner-occupied units as part of the residential housing project; (b) the establishment of off-site affordable owner-occupied units; (c) payment of a fee in lieu of the establishment of on-site or off-site affordable owner-occupied units; or (d) any combination thereof. The amount of the in lieu fee shall be $140,000 per unit through and including the first anniversary of the publication date, and $175,000 per unit thereafter; provided that, if the developer sells or leases at least 25% of the required affordable units in the residential housing project to an authorized agency pursuant to subsection (Q), the in lieu fee shall be reduced to $115,000 per unit through and including the first anniversary of the publication date, and $150,000 per unit thereafter; and provided further that, if the developer elects not to provide a minimum of 25% of the required affordable owner-occupied units either on-site or off-site, the in lieu fee shall be increased to $160,000 per unit through and including the first anniversary of the publication date, and $225,000 per unit thereafter. If the developer elects to provide affordable owner-occupied units off-site, the off-site affordable units may be located anywhere in the City, subject to the Department’s approval.
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