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A. Except for Retirement Residences developing under RZC 21.08.370.C.3.b, the affordable senior housing bonus may be used in any zone that allows retirement residences or multifamily housing. The bonus shall be part of any land use application. Where the affordable housing bonus was requested in an earlier land use application, the bonus does not have to be requested in subsequent land use applications provided that the number of bonus units is included in the subsequent land use applications. If the bonus is approved, the land use shall comply with the requirements of this section for the life of the use.

B. The development shall be restricted to persons 55 years of age or older and handicapped persons as defined by federal law. At least 80 percent of the total housing units shall be occupied by at least one person who is 55 years of age or older. Owners of affordable senior housing units shall be required to verify annually that the occupancy requirements of this section are met as provided for in the Affordable Housing Agreement pursuant to RZC 21.20.070. It is the intent of this section to promote the provision of housing for older persons in compliance with the Housing for Older Persons Act (HOPA) 42 U.S.C. sec. 3607, as the same now exists or is hereafter amended, by providing a density bonus for affordable housing that meets the requirements of HOPA.

C. No conversion of occupancy to persons other than those specified by subsection RZC 21.20.070.B shall be allowed without first complying with the underlying zoning and site requirements. The bonus shall not apply to the property if it is no longer occupied by those persons specified by subsection RZC 21.20.070.B, and the bonus housing units shall be eliminated unless otherwise authorized by the applicable development regulations.

D. If an affordable senior housing bonus application is approved, developments may exceed the allowed density of a zone by as much as 50 percent, provided that 50 percent of the bonus units are low-cost affordable housing units.

E. The bonus shall only be used in the multifamily or retirement residence development for which it is approved. The bonus application shall be made as part of the first land use application made for the project. The decision maker for this application shall decide the request for the bonus.

F. All site requirements and development standards of the Zoning Code shall apply to uses that obtain an affordable senior housing bonus with the following exceptions:

1. The site requirements that shall apply to the development (see applicable zone use charts in RZC 21.08.020 through 21.08.140 shall follow the zone which most closely matches the approved density of the use including density bonuses and not the density of the underlying zone. This subsection shall not apply to retirement residences.

2. Developments shall be designed to project a residential appearance through architectural design, landscaping, and building materials.

Effective on: 4/16/2011