Terms defined — Comprehensive permits

[Added 12-4-2023 by Ord. No. 2023-12]

Unless specifically defined § 185-5 or below, words and phrases used in Article XXVI, Low- and Moderate-Income Housing, pertain to low- and moderate-income housing, have the same meaning as they have in common usage and to give the article its most reasonable application.

ADJUSTMENT — Request or requests by the applicant for a comprehensive permit to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the Land Development and Subdivision Regulations.

AFFORDABLE HOUSING PLAN — That component of the housing element of the Town Comprehensive Plan designed to meet address the housing needs in the Town.

APPROVED AFFORDABLE HOUSING PLAN — The affordable housing plan that has been approved by the Director of Administration as meeting the guidelines for the local comprehensive plan as promulgated by the State Planning Council.

CONSISTENT WITH LOCAL NEEDS — Reasonable in view of the state need for low- or moderate-income housing, considered with the number of low-income persons in the Town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residents of the Town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Barrington's zoning and land use ordinances, requirements, and regula.

INFEASIBLE — Any condition brought about by a single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the comprehensive permit, to the extent that it makes it financially or logistically impracticable for any application to proceed in building or operating low- or moderate-income housing within the limitations set by the subsidizing agency of government or local review board, on the size or character of the development, on the amount or nature of the subsidy, or to the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

LETTER OF ELIGIBILITY — A letter issued by the Rhode Island housing and mortgage finance corporation in accordance with R.I.G.L. § 42-55-5.3(a).

MEETING LOCAL HOUSING NEEDS — As a result of the adoption of the implementation program of an approved affordable housing plan, the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan, and a showing that at least 20% of the total residential units approved by the Planning Board or any other municipal board in a calendar year are for low- and moderate-income housing as defined in § 42-28-128-8.1.