Sec. 655.404. - Applicability and Exemptions.

(a) This Part 4 applies to residential development not otherwise exempt by subsection (b). (b) The following residential uses are exempt from this Part 4: (1) Developments with an approved CCAS or CRC as of the effective date of this Part 4. (2) Developments with a pending or approved Development Agreement as defined in Part 2 or Fair Share Contract as defined in Part 3 of this Chapter. (3) Developments of Regional Impact pending or approved as of the effective date of this Part 4. (4) Any development vested as defined in Part 1 of this Chapter. (5) Any development with a de minimis impact defined as any residential development of 20 units or less; provided, however, that the development complies with the aggregation limitations in Section 655.106 . (6) Developments deed-restricted by age. (7) Any development with a previously approved ordinance (for example, a conditioned Comprehensive Plan Amendment, conditioned PUD rezoning, Regional Activity Center, etc.) addressing mitigation for impacts to schools. (c) All proposed residential developments shall be given credit for existing residential units and this Part 4 shall only apply to any increase in the number of residential units in such development. (Ord. 2007-1146-E, § 2; Ord. 2022-909-E , § 5)