Development standards for multifamily dwellings and comprehensive permit applications for affordable housing
Multifamily dwellings are permitted by obtaining a special use permit or a comprehensive permit pursuant to G.L. 1956, ch. 45-53 in the AR, NC and GBM districts. All such multifamily uses must meet the requirements as set forth in this section.
(1) The minimum lot area for each multifamily use dwelling structure shall be 300,000 square feet and shall be increased in proportion to the total number of bedrooms per structure; refer to subsection (8)c of this section, except in cases where LMI housing is proposed and a density bonus pursuant to subsection (8)d is applied.
(2) Dwelling unit is a structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and containing a separate means of ingress and egress.
(3) Each multifamily structure shall be provided with the necessary water supply and separate sewerage for sanitary and laundry facilities, all contained on the lot. All such systems shall be in conformance with the RI Department of Environmental Management Regulations currently in effect and all town regulations and standards. Where town, state and/or other standards are in conflict, the higher standards shall prevail.
(4) The development shall constitute an environment of sustained desirability in conformance with the policies and goals of the comprehensive community plan.
(5) Before a special use permit for a multifamily structure or multifamily development shall be granted, the site plan, together with supporting documents, shall be reviewed by the Foster Planning Board, after which review, the planning board shall publish a report of its findings and recommendations pertaining to the conformity of the proposed development with the comprehensive plan and the requirements of this section. Copies of this report shall be sent to the zoning board of review and to the office of the town clerk, who shall maintain copies for public inspection upon request. The zoning board of review shall grant no special use permit for multifamily developments without first receiving the aforementioned opinion of the town planning board. The building official shall grant no building permit or certificate of occupancy except for construction and occupancy in strict compliance with conditions set by the zoning board of review. Such building permits must be requested within six months of the date of approval.
(6) In cases where a comprehensive permit is requested by an applicant for LMI housing, the planning board shall serve as the "local board of review" pursuant to G.L. 1956, ch. 45-53 and shall follow procedures provided thereto and in the land development and subdivision review regulations.
(7) Procedures for applicant.
a. Special use permit not requiring subdivision of land. The applicant shall apply to the Foster Zoning Board of Review for a special use permit. The secretary of the zoning board of review shall forward the applicant's plans to the Foster Planning Board for review and opinion prior to the conclusion of the public hearing for the special use permit.
b. Special use permit requiring subdivision of land. A request for a special use permit requiring subdivision approval shall first be submitted to the Foster Planning Board under the Foster Subdivision Regulations. Upon receipt of "preliminary approval" by the planning board for the subdivision, the applicant shall then apply to the zoning board of review for a special use permit.
c. Comprehensive permit. Any applicant proposing to build LMI housing may submit to the planning board a single application for a comprehensive permit to build that housing in lieu of separate applications to the zoning board. This procedure is only available for proposals in which at least 25 percent of the housing is LMI housing. The application and review process for a comprehensive permit are contained in the land development and subdivision review regulations.
(8) Standards for development.
a. Permitted uses. Only multifamily structure(s) and their accessory uses will be permitted. "Accessory uses" may include indoor and outdoor parking facilities and most ordinary residential uses, but shall not include, office uses, restaurant and entertainment uses, commercial uses, wholesale business and storage, industrial uses, home occupations, professional office and neither storage nor overnight parking of commercial vehicles which have a capacity of over one and one-half tons.
b. Maximum lot coverage. The total ground area, occupied by the buildings, together with all accessory building(s), shall not exceed 20 percent of the total area of the lot.
c. Dimensional regulations. Each lot shall meet the following lot area and front, side and rear yard dimensions:
1. Maximum number
of bedrooms
per structureMinimum
lot area
per structure
(in square feet)Minimum
lot frontage
(in feet)2 to 4 300,000 400 5 325,000 400 6 350,000 400 7 375,000 425 8 400,000 450 9 425,000 475 10 450,000 500
2. Minimum front yard depth .....100 feet
3. Minimum rear yard depth .....100 feet
4. Density bonus—Multi-unit structures may be allowed a density bonus of up to a maximum of eight bedrooms per acre for LMI housing as approved by RI DEM based on the soils.
d. Additional requirements. Additional requirements are as follows:
1. The specified lot area excludes ponds, streams and other freshwater wetland areas.
2. Lot frontage as defined in article I of this chapter.
3. The total number of bedrooms per structure is related to the design daily sewage flow (two person occupancy per bedroom) in accordance with state DEM regulations currently in effect.
4. A buffer strip is a strip 50 feet in width or depth alongside and rear lot lines that shall be maintained as a landscape buffer strip.
5. No principal building shall exceed 35 feet in height or two stories. No accessory building or other permitted structure shall exceed 20 feet in height.
6. Each building shall be provided with an enclosed fireproof waste pen of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and utility area shall be properly screened and buffered from all buildings and property lines. No trash shall be disposed of on the premises.
7. Minimum off-street parking shall be provided and maintained as follows:
i. Two car spaces per dwelling unit (300 square feet per space including access, egress and general circulation).
ii. No parking shall be permitted within 75 feet of any boundary line or within the required minimum front yard.
iii. Off-street parking spaces and service drives shall be located within the boundaries of the lot being developed as a multifamily development, and provided in accordance with section 38-286.
(Ord. of 6-23-1994, art. VI, § 10; Ord. of 10-3-2009; Ord. of 9-9-2010)