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East Greenwich
Town of East Greenwich Zoning Ordinance
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§ 260-99

Incentives & building requirements for production of affordable housing

[Amended 12-11-2023 by Ord. No. 920-H]

  • A. Consistent with Chapter 93 of the Town Code, Fees, Article II, Development Impact Fees, affordable housing units [those referenced in § 260-98A(3) above] are exempt from the Town's development impact fee and this fee waiver shall constitute a municipal government subsidy as defined in R.I.G.L. § 45-53-3, the Rhode Island Low and Moderate Income Housing Act, Definitions.
  • B. All projects subject to the provisions of this article wherein low- and moderate-income housing units are being provided on site as part of an approved development shall be entitled to a density bonus of up to 20% more units than otherwise allowed consistent with Subsection C below. Development of projects that include a density bonus shall require a dimensional variance from the Planning Board under the unified development review process that incorporates deviations from the ordinary dimensional standards. Such review process can also be used to allow multiple residential structures on one lot.
  • C. Additional units/lots allowed under this zoning incentive provision shall constitute a municipal government subsidy as defined in the Rhode Island Low and Moderate Income Housing Act. In addition to the yield plan required of each developer to show the maximum base number of units/lots, developers shall also be required to submit a second yield plan that includes the additional units as permitted with the zoning incentive. The Planning Board may require the modification via dimensional variance of the building height cap and/or minimum dimensional standards, including overall lot size, lot coverage, setbacks, and frontage requirements to accommodate affordable units. Lot size, coverage, setback, and frontage requirements can be reduced by up to 20% but only following an affirmative finding by the Planning Board that:
    • (1) Using a flexible zoning standard is in the best interest of good planning practice as evidenced by consistency with the Comprehensive Community Plan, including the Housing Plan; and
    • (2) Using a flexible zoning standard would not impair the purpose or intent of the Zoning Ordinance and meet the standards of review spelled out in Chapter 260 of the Town Code, § 260-91D.
  • D. A "yield plan" indicates the basic maximum number of units or lots a parcel can support. A minimum of 20% of all proposed lots or units shall be affordable to low- or moderate-income households as defined in R.I.G.L. § 45-53. Where such calculation yields a fraction of a unit and such fraction is 0.5 or higher, the requirement shall be rounded to the next higher, whole number. Where such calculation yields a fraction of a unit and that fraction is less than 0.5, the requirement shall be rounded to the lower whole number.
  • E. All affordable units provided within a development shall comply with all of the following requirements:
    • (1) All affordable units shall be dispersed throughout the development so as to ensure a true mix of market-rate and affordable housing.
    • (2) All affordable units shall be visually compatible with market-rate units in the same development. Affordable units shall be comparable to market-rate units in terms of location, type, quality, character, architectural style, and primary exterior building finishes and materials.
    • (3) Except as otherwise authorized by the Town, all affordable units shall contain one or more bedrooms. The mix of unit sizes and number of bedrooms per unit among the affordable units shall be in the same proportion as the mix among the market-rate units. If only one affordable unit is required and the other units in the development are of various sizes with varying numbers of bedrooms, the affordable unit shall contain an average of the number of bedrooms located in the market-rate units rounded to the nearest whole number.
    • (4) In assessing the compatibility of character between the affordable units and the market-rate units within a development, the Planning Board may consider building elevations, renderings, models and any other materials it deems necessary to assess and compare building features, including but not limited to overall height, roof pitch, building shape and footprint, exterior materials, structural massing and window pattern, style, and sizes.
    • (5) The owners or renters of affordable units shall have all rights, privileges and responsibilities accorded to market-rate owners or renters, including access to all non-fee amenities within the development.
    • (6) Certificates of occupancy (C/Os) for affordable units shall be issued prior to, or simultaneously with, the certificates of occupancy for market-rate units. In phased developments, the affordable units shall be phased, built, and occupied at least at the same proportionate rate as the market-rate units. If the off-site exaction is exercised (see § 260-101.1) and affordable units are rehabilitated or constructed at some other location, certificates of occupancy for the off-site units shall be issued at the same rate as certificates of occupancy for the market-rate units in the development.
  • F. Any dwelling units proposed to be deed-restricted and counted as affordable units must 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.