Affordable Housing
§ 405 Affordable Housing
A. Purpose. The purpose of this section is to promote the creation of suitable, sustainable affordable housing units in all zoning districts by allowing additional residential density in a manner that balances the need for such housing with concerns for the environment, the carrying capacity of land, and the health, safety and welfare of current and future residents.
B. Procedures. A Special Use Permit to allow an increase in residential density may be granted by the Zoning Board of Review to allow the creation of affordable housing, as defined in § 202. Before action is taken by the Zoning Board on any such application for affordable housing, it shall be submitted to the Block Island Housing Board for their review and recommendation. Such use shall also require Development Plan Review by the Planning Board under the provisions of § 704, whether or not the application also involves the subdivision of land. The Planning Board may undertake the development plan review and the advisory request to the Zoning Board of Review concurrently. In cases involving a subdivision, the final plan shall not be approved by the Planning Board until the Zoning Board grants the Special Use Permit for the density increase.
C. Reduction in Minimum Lot Areas. The residential density permitted in any zoning district, as determined by Article 3, or any other applicable section of this ordinance, may be increased by the Zoning Board of Review to accommodate the construction of an affordable housing unit or units. Such density increases are allowed as follows:
1. For each affordable unit provided, or in the case of a subdivision, for each lot to be set aside for the construction of an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to 50%.
2. The residential density allowed on a parcel of land, or the number of lots in a subdivision, shall be determined by the total of:
a. The minimum area requirements for each non-affordable (market rate) unit or lot, and
b. The reduced minimum area requirements for each affordable unit or lot.
3. The provision of an affordable housing unit or units under this section may allow the development of up to two dwelling units (one market rate and one affordable or two affordable) on a single lot in those zoning districts which otherwise limit residential use to one dwelling unit per lot. Such units may also be attached (two-family structure).
D. Additional Dimensional Relief. In order to further accommodate the construction of affordable units, the minimum building setbacks, maximum lot building coverage and maximum lot coverage required in the zoning district, as applied to each lot on which an affordable housing unit or units are to be built, may also be modified by the Zoning Board. All such dimensional relief shall be considered part of the approved Special Use Permit.
E. Greater Reductions in Minimum Lot Areas. The Zoning Board of Review may allow an additional increase in residential density than that provided for in § 405(C) above in order to achieve stated goals in the provision of affordable rental and home ownership units on the island, provided, however, that the project is sponsored by the Block Island Housing Board or another not-for-profit housing entity. Such density increases are allowed as follows:
1. For each affordable unit provided, or for each lot to be set aside for an affordable housing unit, the minimum lot area (including minimum developable land area) required for each dwelling unit in the zoning district may be reduced by up to 75%.
2. The provision of affordable housing under this section may allow attached multi-family development in those zoning districts where such use is otherwise prohibited:
a. In the RA and RB Zones, a project may consist of one or more multi-family structures provided each such structure is limited to two dwelling units.
b. In the RC, RC/M and M Zones, a project may consist of one or more multi-family structures provided each such structure is limited to four dwelling units. A multi-family development consisting of affordable rental units can include one owner-occupied unit that does not qualify as an affordable unit, provided that the total number of dwelling units in the development is four or more.
3. The provisions of this § 405E shall automatically expire upon the first of the following to occur: [Amended 4-2-2018 by Ord. No. 2018-13]
a. December 31, 2028; OR
b. When the Town’s deed-restricted affordable housing inventory of up to 140% AMI includes(80 ownership units and 100 rental units. At such time as the number of units stated herein have been obtained in either category, the Town shall not entertain any more applications for affordable housing units in that category under the provisions of this § 405E.
F. Review Standards. In reviewing an application for an affordable housing project under this section, the Block Island Housing Board, and the Planning Board, shall, in their advisory capacities to the Zoning Board of Review, consider the Goals and Policies of the Housing Element Supplement to the Town of New Shoreham Comprehensive Plan, with particular emphasis on the following factors:
1. Type of units proposed, with preference given to projects that address the greater affordable housing need, whether rental units or home ownership units;
2. Whether or not the project involves new development or redevelopment, with preference given to adaptive reuse of existing structures, and conversion of existing units to long-term affordable units; and
3. Location of proposed project relative to the location of other affordable housing units, with consideration given to the distribution of affordable housing throughout the island.
G. Performance Standards. In addition to compliance with the applicable general standards set forth in § 501, a Special Use Permit for affordable housing shall require a finding by the Zoning Board of Review that each of the following standards is satisfied:
1. The housing conforms to the definition of affordable housing in § 202.
2. The project is environmentally sustainable in view of the carrying capacity of the land and the availability of utilities, and concerns regarding drainage, water quality, traffic, access and parking, as applicable, have been adequately addressed.
3. Concerns regarding drainage, water quality, traffic and access, as applicable, have been adequately addressed, and parking commensurate with projected need has been provided on-site, including the minimum of two spaces per dwelling unit as well as that for additional expected vehicle ownership, and with consideration of guest parking needs. As a condition of approval, the Zoning Board may require parking spaces in excess of that required under § 502.
4. The project is compatible with neighboring land uses, or has been designed to mitigate the impacts of any necessary incompatibilities.
5. The affordable housing units are to be duly deed-restricted so as to remain permanently affordable to the extent permitted by applicable law, but in no event less than 99 years, including a suitable mechanism for monitoring the long term affordability of the units.
6. The sponsoring person or entity has the qualifications, resources and due capability to complete the project and to duly arrange for its financing and construction.
7. The affordable housing project does not exceed 16 units.
8. For multi-family affordable rental units provided under § 405E,2.b above, each one bedroom unit does not exceed 800 square feet of habitable space, each two bedroom unit does not exceed 1,200 square feet of habitable space, each three bedroom unit does not exceed 1,400 square feet of habitable space, and each four bedroom unit does not exceed 1,600 square feet of habitable space.
9. The project, if involving a subdivision of three or more lots, has been designed as a Flexible Design Residential Development under the provisions of § 402, unless a waiver is granted by the Planning Board. In order to accommodate the increased density while providing for the protection of open space, the minimum lot area within a Flexible Design Residential Development in the RA and RB Zones may be reduced to 5,000 square feet.
H. Reserved.
[Repealed 10-19-2022 by Ord. No. 2022-06]