Denver Laws

Cityhealth: Inclusionary Zoning Laws

Question:

Is the developer permitted to pay a fee in lieu of building inclusionary housing?

Answer:
Yes
This answer is derived from 1 section of law
Citation:
  • citation 1: see full citation
    (b)  Alternatives. (1)  In lieu of building the required number of MPDUs on site, when consistent with the plans, rules, regulations and policies of the department of community planning and development and HOST, the director may approve an alternative defined in the MPDU plan customized to provide MPDUs at a different site that would: (A)  Build more total bedrooms or more MPDUs at one (1) or more other sites in the same or proximate statistical neighborhood as defined in the rules and regulations; or (B)  Build more total bedrooms or more MPDUs at one (1) or more other sites within five-tenths (.5) miles of a light rail or commuter rail station as defined in the rules and regulations; or (C)  Build more rental MPDUs at one (1) or more other sites in the same or proximate statistical neighborhood or at one (1) or more other sites within five-tenths (.5) mile of a light rail or commuter rail station as defined in rules and regulations. (2)  In lieu of building the required number of MPDUs on site, the director may approve an alternative defined in the MPDU plan customized to provide alternate MPDUs on the site if the alternate would: (A)  Build fewer MPDUs at affordability levels lower that the AMI required under section 27-105; or (B)  Build fewer MPDUs with more net bedrooms; or (C)  Build fewer MPDUs for populations or special need or high priority of the director; or (D)  Build fewer MPDUs for a longer control period; or (E)  Build more rental MPDUs at the site. (3)  In lieu of providing the required number of MPDUs, the director may approve an alternative defined in the MPDU plan to contribute to the special revenue fund an amount equal to percentage up to one hundred (100) percent of the price per MPDU not provided but required under section 27-105. The percentage will be based on the statistical neighborhood category of low need, average need, or high need, in which the applicant proposes to construct the development. HOST will categorize statistical neighborhoods as low, average or high, and the specific percentages associated with each statistical neighborhood category shall be defined in the rules and regulations. The contribution amount shall be calculated at the prices set forth on the then current table provided by HOST under section 27-105 for the maximum sale prices without homeowners' association fees. This percentage and amount may be adjusted by the director using a formula set forth in the rules and regulations promulgated under this article. see full law