St. Charles — Title 19 Inclusionary Housing [legal-review: § 19.02.110 rent-amount text] § 19.02.040
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Operative Text
The following words and phrases shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined elsewhere in the St. Charles Municipal Code, shall have the meanings set forth therein. In the event that a word or phrase is not defined, it shall have the common and ordinary meaning ascribed thereto. In interpreting the provisions of this chapter, in the event there is a conflict between a definition in this section and one found elsewhere, the definition in this section shall apply. Affordable housing: Housing that has a sales price or rental amount that is within the means of an "eligible household" as defined herein. In the case of dwelling units for sale, housing that is affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit. In the case of dwelling units for rent, housing that is affordable means housing for which the rent and utilities constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit. Affordable unit: A dwelling unit of affordable housing that satisfies the requirements of this chapter. Affordable housing agreement: Any agreement between the City and an applicant as required by Section 19.02.140 of this chapter. Applicant: Any developer who applies to the City to receive approval of a residential development pursuant to this chapter. Area Median Income (AMI): The median income level for the Chicago Primary Metropolitan Statistical area, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, and adjusted for household size. Base density: The number of dwelling units permitted to be constructed on a parcel in conformance with the requirements of the zoning district in which it is located, prior to applying any applicable density bonus. Developer: Any person, firm, corporation, partnership, limited liability company, association, joint venture, or any entity or combination of entities that develops a dwelling or units, not including any governmental entity or a housing provider as defined herein. Director: The Director of the Community and Economic Development Department, or his or her designee. Dwelling unit: A dwelling unit as defined in Chapter 17.30 , "Definitions," of Title 17 "Zoning." For purposes of this chapter, the term dwelling unit includes affordable units and market rate units. Eligible household: A household with an income at or below eighty percent (80%) of the Area Median Income (AMI) for for-sale units and at or below sixty percent (60%) of the AMI for rental units, based on the size of the household. Housing provider: An entity approved by the City of St. Charles to develop, manage or own affordable dwelling units. Market rate units: All dwelling units in a residential development that are not affordable units as defined herein. Residential development: The establishment of one or more dwelling units in any of the following instances: 1. Construction of one or more dwelling units pursuant to a final plat of subdivision, where the preliminary plat is approved by the City Council after February 15, 2008. 2. Construction of one or more dwelling units within a planned unit development, where the preliminary PUD plan is approved by the City Council after February 15, 2008. 3. Construction of one or more dwelling units on a lot created after February 15, 2008 by means other than a plat of subdivision or planned unit development, including but not limited to a division conforming to the Statutory Plat Act Exemptions. 4. Issuance of a building permit for a new dwelling unit following demolition of a dwelling unit on the lot, when the last sale price prior to demolition of the dwelling unit was at or below the price of an affordable unit with the same number of bedrooms; if the last sale occurred more than two (2) years prior to demolition, then the equalized market value assigned by the Township Assessor as of the date of demolition shall be used. 5. Issuance of a building permit for alteration of an existing building, in whole or in part, that increases the number of dwelling units from the number that existed prior to its alteration.
Section 19.02.040 of St. Charles Title 19 establishes the foundational vocabulary for the city's Inclusionary Housing chapter. Key terms like 'affordable housing,' 'eligible household,' and 'residential development' are given precise meanings that govern how the rest of the chapter is interpreted and applied. For example, 'affordable' is defined by a 30% of gross annual household income threshold for both rental and for-sale units, and income eligibility is capped at 80% AMI for ownership and 60% AMI for rentals. When any term in this chapter conflicts with a definition found elsewhere in the St. Charles Municipal Code, the definition in § 19.02.040 controls.
Plain English — not legal advice.
Developers and property owners operating under St. Charles Title 19 should treat the definitions in § 19.02.040 as the authoritative reference for any compliance determination under the Inclusionary Housing chapter. The 30% of gross annual household income standard for rent-plus-utilities affordability, and the AMI income caps for eligible households, are the benchmarks against which affordable units are measured. Operators who enter into affordable housing agreements with the City under § 19.02.140 will find that these definitions directly shape the obligations and unit-qualification standards written into those agreements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For renters in St. Charles, § 19.02.040 defines what it means for a unit to qualify as 'affordable' under the city's Inclusionary Housing program — specifically, that rent and utilities combined should not exceed 30% of the gross annual household income for a household of the applicable size. Eligibility for an affordable rental unit is tied to an income at or below 60% of the Area Median Income (AMI) as published by HUD. Tenants who believe they may qualify for an affordable unit, or who have questions about whether a unit meets the program's standards, can contact the St. Charles Community and Economic Development Department or reach out to a local tenant-rights organization for general guidance.
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.
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