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Jamestown
Town of Jamestown Zoning Ordinance
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§ 82-1605

Inclusionary zoning

  • A. Applicability. This section shall apply to all subdivisions of four or more units and all land development projects including new development and redevelopment of existing buildings, with four or more dwelling units, as classified under Jamestown's Zoning Ordinance and Land Development and Subdivision Regulations.

  • B. Affordability requirement. For all applicable projects as defined in § 28-370(a), at least 25 percent of the units on site must qualify as low- and moderate-income housing, as defined by this chapter. Fractions of a lot or dwelling unit shall be rounded up to the nearest whole number.

  • C. Design and building requirements.

    • 1) All inclusionary units provided within a development shall:

      • a) Be reasonably dispersed throughout the development.

      • b) Be indistinguishable in appearance of quality of construction from the other units in the development.

      • c) Contain a mix of bedrooms, up to and including three bedroom units.

      • d) Be compatible in architectural style to the market rate units within the project.

      • e) Be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units or built in phases at a similar rate as any market rate units.

    • 2) Any existing dwelling units proposed to be counted as Inclusionary 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.

  • D. Incentives.

    • 1) Bonus market rate units. All projects subject to this article shall be entitled to a density bonus of one additional market rate units for each affordable unit required.

    • 2) Eligibility for density bonus. An application that utilizes a fee-in-lieu, off site construction or rehabilitation, or donation of land suitable for development of the required affordable units shall not be eligible for density bonus.

    • 3) Modification of lot dimensional requirements. 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.

  • E. In-lieu fee option.

    • 1) The applicant for development subject to this article may, at the administrative officer and/or planning commission's discretion, pay a fee in-lieu of providing the required number of low- and moderate-income housing units.

      • a) For affordable, single-family homes and condominium units, the per-unit fee shall be the difference between the maximum affordable sales price for a family of four earning 80 percent of the area median income as determined annually by the U.S. Department of Housing and Urban Development and the average cost of developing a single unit of affordable housing. The average cost of developing a single unit of affordable housing shall be determined annually based on the average, per-unit development cost of affordable homes financed by Rhode Island Housing and Mortgage Finance Corporation (RIHMFC) over the previous three years, excluding existing units that received preservation financing. Notwithstanding this calculation, in no case shall the per-unit fee for affordable single-family homes and condominium units be less than $40,000.

      • b) All in-lieu fees are to be deposited into the Jamestown Affordable Housing Trust Fund. Such funds may be expended or utilized in accordance with the Jamestown Affordable Housing Trust Fund but must be allocated within three years of receipt.

      • c) Required in-lieu fees shall be paid prior to final approval of the subdivision/land development, or in a manner directed by the planning commission. For large projects developed in phases, a portion of the in-lieu fee may be deferred, at the planning commission's discretion, until after the initial phase is complete, but before building permits are issued for a subsequent phase.

    • 2) In lieu of fee for a fraction of a unit. The applicant shall have the option of paying a cash-in-lieu of a fractional inclusionary unit, whereby the payment is calculated by multiplying the in-lieu fee for one unit, calculated as per section 82-1605 E.1.a by the fraction resulting from applying the 25 percent requirement. This option is available when the calculation results in a fraction of less than 0.5. Fractions of 0.5 or greater shall be rounded up to the next highest whole number for the purpose of calculating the payment in lieu.

  • F. Off-site option.

    • 1) Off-site options. The planning commission at its sole discretion may allow any developer of an inclusionary project to comply with the requirements of section 82-1605 B through one of the following off-site exactions:

      • a) Off-site rehabilitation of low and moderate income units in existing buildings.

      • b) Off-site new construction of low and moderate income units.

      • c) Donation of one or more parcels of land suitable for residential development to be held by the Affordable Housing Trust Fund.

    • 2) Conditions. Use of an off-site option shall be subject to the following conditions:

      • a) Any subdivision or land development project that utilizes an off-site option in place of developing the required low and moderate income units on-site shall not be entitled to a dimensional incentive as described in section 82-1605 D.2.

      • b) Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous, with the occupancy of any market rate units.

      • c) New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood.

      • d) Rehabilitated 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. Rehabilitation of existing low- and moderate-income housing units with an affordability deed restriction will only count towards this off-site option if the units are able to "restart the clock" on their deed restrictions, for the minimum number of years required by state law.

      • e) The planning commission in its sole discretion may further condition the use of any off-site option.

  • G. Preference of options.

    • 1) Before considering the use of a payment in lieu or an off-site exaction, the planning commission must first make a finding that it would be infeasible, as defined below, to develop the low and moderate income units on-site because of environmental, public health, public safety, and/or regulatory reasons. "Infeasible" means any condition brought about by any single factor or combination of factors, as a result of limitations imposed on the development by conditions attached to the approval of the subdivision, to the extent that it makes it impossible for the applicant to proceed in building or operating low or moderate income housing without financial loss, within the limitations set by the subsidizing agency of government, on the size or character of the development, on the amount or nature of the subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the rent levels and unit sizes proposed by the applicant.

    • 2) The following is the town's preferred progression of low- and moderate-income housing options:

      • a) First preference - Low and moderate income units developed on-site;

      • b) Second preference - Payment of fee in-lieu to meet all or a portion of the inclusionary unit requirement;

      • c) Third preference - Off-site options:

        • i. Off-site rehabilitation of low and moderate income units in existing buildings;

        • ii. Off-site new construction of low and moderate income units;

        • iii. Donation of one or more parcels of land suitable for residential development to be held by the Affordable Housing Trust Fund.

  • H. Affordability requirements. All low- and moderate-income housing units constructed pursuant to this article must qualify as low- and moderate-income housing units as defined in this chapter and G.L. 1956, tit. 45, ch. 53. To accomplish this, an applicant shall, at a minimum, submit the information required by the town in this section 82-1600 as well as G.L. 1956, tit. 45, ch. 53 and the following additional information:

    • 1) A town-approved monitoring service agreement, with a qualified organization; and,

    • 2) A town-approved land lease and/or deed restriction for at least the minimum time period required by state law that includes the town as a signatory, and grants to the town enforcement authority and the right to notice.

  • I. Implementation of inclusionary unit provisions. Implementation procedures, to be developed administratively by the town and approved by the planning commission as part of Jamestown's land development and subdivision regulations, shall further describe the submission requirements and review timelines for the inclusionary housing plan and inclusionary housing agreement.

(Ord. of 2-3-2025(1), § 1(Exh. A))