When developments below a given unit size are exempt from inclusionary regulations, some communities may experience a “one-under syndrome.” This refers to an increase in proposals falling just under (or one unit under) the inclusionary limit. For example, a developer may submit multiple four-unit subdivision proposals for contiguous lots that, absent the inclusionary zoning requirement, would have been brought as a larger single proposal.
The city of Denver, Colorado, which applies its inclusionary zoning regulations to developments with 30 or more units, addresses this by clearly defining in its inclusionary zoning ordinance the terms “Applicant” and “At one location,” as follows:
“Applicant means any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, or affiliated entities and any transferee of all or part of the real property at one location, which after this article takes effect develops a total of thirty (30) or more new for sale dwelling units at one location in Denver.
At one location means all real property of the applicant if:
- The properties are contiguous at any point;
- The properties are separated only by a public or private right-of-way or utility corridor right-of-way, at any point; or
- The properties are separated only by other real property of the applicant which is not subject to this article at the time of any building permit, site plan, development or subdivision application by the applicant.”
