Inclusionary zoning
(a) Applicability. This section shall apply to all subdivisions and land development projects resulting in five or more housing units or lots. The provisions of this section shall automatically sunset on July 1, 2027.
(b) Affordability requirements. For all applicable projects, at least 15 percent of the lots or units within the proposal must qualify as affordable housing, as defined by RIGL § 42-128-8.1. The total number of lots or units for the development may include less than 15 percent affordable units after the density bonus described herein is determined. Where the required number of affordable units results in a fraction, the required number of affordable units shall be rounded up to the nearest whole number. A town-approved monitoring services agreement with a qualified organization is required.
(c) Off-site option.
(1) The planning board, at its sole discretion, may allow an applicant to comply with the inclusionary requirement by constructing inclusionary units on a site other than the project location. Off-site inclusionary units may be provided through off-site construction of affordable units and/or off-site rehabilitation of affordable units in existing buildings.
(2) Conditions. Provision of off-site inclusionary units shall be subject to the following conditions:
a. Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units.
b. New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood in which they are being constructed.
c. Renovated off-site units shall be in full compliance with all applicable construction and occupancy codes and shall be sufficiently maintained or rehabilitated so that all major systems meet standards comparable to new construction.
(d) Incentives.
(1) Density bonus. The number of housing units allowable on the site or sites involved shall be increased to one market rate unit for each affordable unit and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to accommodate the development.
(2) The total number of units for the development shall equal the number originally proposed, including the required affordable units, plus the additional units that constitute the density bonus. The permitting authority is authorized to allow dimensional reductions to lot size, lot coverage, density, and setbacks as determined necessary to accommodate the inclusionary units.
(3) Notwithstanding any other provisions of this chapter, an application that utilizes off-site construction or rehabilitation shall not be eligible for the density bonus outlined in this section.
(Amend. of 1-27-21; Ord. No. 2023-23, 12-6-23; Ord. No. 2025-07, Att., 5-28-25)