St. Charles — Title 19 Inclusionary Housing [legal-review: § 19.02.110 rent-amount text] § 19.02.050
Applicability
Operative Text
A. The provisions of this chapter shall apply to any residential development, as defined herein. Residential developments undertaken in phases, stages, or otherwise constructed in distinct parts by one or more developers, but which are located within the same planned unit development or subdivision, or which are otherwise approved as a whole, shall be considered a single residential development. B. The requirements of this chapter shall not apply in the following instances: 1. Moving a building containing one or more dwelling units from one location to another within the City. 2. Construction of a single dwelling unit on a lot that was of record prior to February 15, 2008 and upon which no dwelling unit or part thereof has existed for a period of ten (10) years or more prior to issuance of a building permit. 3. Upon issuance of a building permit for a new dwelling unit following demolition of a dwelling unit on the lot, when the new dwelling unit is intended to be occupied by the same household or individual that occupied the dwelling unit that was demolished, and the demolition occurred more than one (1) year after the date of purchase by said household or individual. 4. When a dwelling unit is destroyed by fire or other casualty or act of God, by any means not within the control of the property owner or tenant. 5. When an application for special use for planned unit development, preliminary plat of subdivision, and/or final plat of subdivision in relation to a residential development was filed with the City on or before February 16, 2016. 6. When an application for building permit for a residential development was filed with the City on or before February 16, 2016.
Section 19.02.050 of St. Charles's Inclusionary Housing chapter establishes which residential developments must comply with the chapter's requirements and which are exempt. The rule treats phased or multi-part projects within the same planned unit development or subdivision as a single development for compliance purposes. Several categories of construction are carved out from coverage, including relocated buildings, replacement units after casualty events beyond the owner's control, certain single-unit rebuilds on long-vacant lots, owner-intended rebuilds after demolition, and projects for which applications were already on file with the City on or before February 16, 2016.
Plain English — not legal advice.
Operators and developers subject to St. Charles Title 19 should determine at the outset whether a proposed residential development falls within the scope of § 19.02.050 or qualifies for one of its enumerated exemptions. Projects structured in phases or distinct parts but approved as a whole are treated as a single development, meaning the inclusionary obligations apply to the combined project rather than each segment separately. Developers whose applications for special use, preliminary plat, final plat, or building permit were filed with the City on or before February 16, 2016 should document that filing date carefully, as it is the threshold for the grandfathering exemptions listed in subsection B.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in or seeking housing within St. Charles residential developments may find § 19.02.050 relevant when evaluating whether a particular project was required to comply with the city's inclusionary housing rules. The exemptions in this section—such as those for casualty-destroyed units or pre-2016 applications—can affect whether affordable units were required to be included in a given development. Tenants with questions about whether a specific development should have included inclusionary units may wish to contact the City of St. Charles directly or consult 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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