20.52.340 Density bonus greater than 35 percent.
A conditional use permit approved by both the planning commission and city council shall be required for any density bonus greater than 35 percent. The city has the authority but not the obligation to grant a density bonus in excess of 35 percent. For requests under this part, the city may consider benefits of the project and other factors, including, without limitation: (1) additional affordable units; (2) on-site amenities; (3) services for residents; and (4) the distance to neighborhood services and public transit. In addition to the findings required in Chapter 20.84 CMC, Part 5, the following findings must be met:
A. General Plan Compliance. The project is consistent with the affordable housing provisions of the general plan.
B. Compliance with State Density Bonus Law. The project sets aside no less than the percentage and type of units required to earn a density bonus of 35 percent under the state density bonus law.
C. Mitigation of Impacts. The applicant has adequately demonstrated that the project will not generate unmitigated significant noise, traffic, parking, or other impacts detrimental to surrounding properties or the general welfare. (Ord. 690 § 4 (Exh. A), 2018).