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(1) As used in EC chapter 9.6000, the term “applications proposing needed housing” includes:

(a) Applications that are proceeding (or have proceeded) under EC 9.8100, 9.8220, 9.8325, 9.8445, or 9.8520; or

(b) Applications for development permits for uses permitted outright in the subject zone if the applicant has demonstrated that the proposed housing is needed housing as defined by state statutes.

(2) The term does not include an application that could have proceeded under EC 9.8100, 9.8220, 9.8325, 9.8445, or 9.8520, but the applicant elected to proceed under the discretionary approval process.

(Section 9.6010, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)