§ 185-28.1
Low- or moderate-income housing on new substandard lots
[Added 2-6-2012 by Ord. No. 2012-1]
- A. Purpose. The purpose of this section is to support the development of low- and moderate-income housing by allowing an existing lot to be divided into two lots, one of which has reduced area and width requirements.
- B. Eligibility. In order to be eligible for this provision, a lot must meet all of the following criteria as of the effective date of this section:
- (1) The lot shall be located in a R-10, R-25 or R-40 Zoning District.
- (2) The lot shall contain an existing single-family residence.
- (3) The lot and structures thereon shall conform to all dimensional regulations of the zoning district.
- C. Substandard lot development criteria. The Planning Board may approve the subdivision of an existing lot meeting the eligibility requirements of § 185-28.1B into two new lots as follows, provided that the housing affordability requirements of § 185-28.1D are met:
- (1) The new lot containing the existing residential structure shall have at least 100% of the minimum lot area and width required in the zoning district.
- (2) The new lot not containing the existing residential structure shall have at least 75% of the minimum lot area and width required in the zoning district, and shall be used for a new single-family residence.
- (3) Where the existing lot has at least 175% of the required area and width, but the location of the existing house or the physical characteristics of the lot preclude division of the lot in compliance with Subsections C(1) and (2) above, the Planning Board may approve a subdivision in which the new lot containing the existing house has less than the minimum lot area and width but no less than 80% of the required area and width.
- (4) The reductions in minimum lot area and width allowed by this section increase the permitted residential density on the lot that is to be divided. This density increase is intended to be a density bonus that is provided as a municipal government subsidy as defined in this chapter and in R.I.G.L. § 45-53-3.
- (5) The dimensional regulations pertaining to front, rear, and side yard setbacks, and building lot coverage found in § 185-17 shall apply to substandard lots of record legally created pursuant to this section in all applicable residential zones.
- (6) The above modified regulations for substandard lots shall not be construed to impose more stringent dimensional requirements than would otherwise be applicable in the zone in which the lot is located.
- (7) In reviewing the application, the Planning Board shall make the determination that the relief requested will not materially or detrimentally affect the character of the neighborhood in which the proposed lot will be split.
- D. Housing affordability.
- (1) The new dwelling unit on the lot created with less than the area and width otherwise required in the zoning district shall be low- or moderate-income housing, as defined in § 185-5.
- (2) The required minimum term of affordability for the low- or moderate-income unit shall be 30 years. If the unit is sold prior to the expiration of the restriction, the term of affordability shall be renewed for 30 years.
- (3) Low- or moderate-income housing units created under this section shall comply with the affordability requirements of this section.
- E. Time frame for completion.
- (1) A building permit for the affordable dwelling unit must be issued within one year of the subdivision approval. In no case may either lot created under the provisions of this section be sold in the absence of a building permit for the affordable house. Failure to meet with this provision will nullify the final plat approval.