St. Charles — Title 19 Inclusionary Housing [legal-review: § 19.02.110 rent-amount text] § 19.02.070
Alternative affordable housing plan
Operative Text
A. Alternative affordable housing plan criteria. As an alternative to compliance with the provisions of Section 19.02.060 , the developer may request the City Council to approve, concurrent with the approval of the overall development and after receiving a recommendation from the Housing Commission, one or more of the alternatives listed in this Section. The City Council shall not approve an alternative affordable housing plan unless the developer demonstrates and the City Council finds in the affirmative that the alternate affordable housing plan is justified based on one or more of the following criteria: 1. A demonstrated financial hardship exists that is not of the developer's own making. Items to be considered shall include but shall not be limited to: a. The financial hardship must be equal to or greater than ten percent (10%) of the total project cost and purchase price, but cannot include any costs incurred as part of the normal and orderly development of the property. b. Environmentally sensitive or natural areas to be protected are equal to or greater than twenty percent (20%) of the total development site area (not including stormwater retention/detention facilities or park sites related to the construction of the project). 2. The development site does not allow for the density bonus as stated in Section 19.02.080 due to limitations on development capacity. Items to be considered shall include but shall not be limited to: a. Insufficient water or sewer utility capacities. b. Unique parcel configurations, which shall include but shall not be limited to steep slopes above an eight percent (8%) grade or irregular shaped parcels that create unbuildable areas equal to or greater than twenty percent (20%) of the development site. 3. The development will fulfill an alternative city policy or goal such as redevelopment of a vacant, underutilized, or blighted parcel that cannot otherwise be readily redeveloped and comply with all other applicable requirements. 4. The creation of the alternative affordable housing plan represents an equal or greater opportunity to create affordable housing in the City. Examples of these greater opportunities shall include but shall not be limited to: a. Providing units below the maximum affordability thresholds established by Illinois Housing Development Authority for rental or owner-occupied units. (Example: Pricing rental units at or below fifty percent (50%) of area median income) b. Providing offsite affordable units in vacant or foreclosed homes. c. Providing affordable units for a period of time longer than the fifteen (15) year minimum affordable period stated in Section 19.02.110 , Maximum Price of Affordable Units. B. Alternative affordable housing plan. For instances in which the developer is requesting to utilize an alternative affordable housing plan, the developer shall submit the proposed alternative affordable housing plan. This plan shall detail the developer's course of action chosen to create affordable housing opportunities in St. Charles. This plan is required to be submitted in writing and must detail how the alternative affordable housing plan fulfills the criteria listed in Section 19.02.070 (A). One or more of the following options shall be utilized by the developer: 1. External funding sources. The developer will apply for grants, tax credits, and/or any other applicable funding mechanism each year that the project is under construction. These funds will be used to subsidize the costs associated with the construction of onsite or offsite affordable housing units. 2. Purchase offsite units. The developer shall purchase for-sale or foreclosure properties and then sell or rent them at the established affordable housing price. 3. Construction of a portion of the required affordable units onsite and/or payment of a portion of the required fee in-lieu, and any combination of the two (2) options listed above.
Section 19.02.070 of St. Charles's Inclusionary Housing ordinance establishes an alternative pathway for developers who cannot meet the standard affordable housing requirements of Section 19.02.060. To use this pathway, a developer must obtain City Council approval—following a Housing Commission recommendation—by demonstrating that at least one qualifying criterion applies, such as financial hardship, site constraints, alignment with a city redevelopment goal, or an equal or greater affordable housing opportunity. If approved, the developer may fulfill obligations through options such as seeking external funding, purchasing offsite units, building a portion of required units onsite, or paying a fee-in-lieu, or some combination of these approaches.
Plain English — not legal advice.
Under § 19.02.070, developers seeking an alternative affordable housing plan must submit a written proposal concurrent with overall development approval and secure both a Housing Commission recommendation and City Council approval. A compliant operator documents how at least one qualifying criterion—such as a financial hardship of 10% or more of total project cost, site capacity limitations, or an equal or greater affordable housing opportunity—is satisfied. The written plan details the specific alternative mechanism chosen, whether external funding, offsite unit acquisition, partial onsite construction, fee-in-lieu payment, or a combination.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 19.02.070 governs when a developer in St. Charles may pursue an alternative to the standard inclusionary housing requirements, which can affect the type, location, and affordability level of units available in a given development. Tenants and prospective residents can attend City Council meetings where alternative plans are considered, since approval requires a public finding that qualifying criteria are met. Those with questions about how an approved alternative plan affects affordable unit availability may contact the St. Charles Housing Commission or a local tenant-rights organization for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API