Residential Multi-Family Incentive District

This section applies to Multifamily Housing developments located in the Multifamily Incentive District, as defined in Article III Section J, in which at least twenty-five percent (25%) of the units are "Low or moderate income housing", as defined in Article II. Such proposals shall be referred to the Planning Board, which shall have full review and approval authority, as stipulated in Article VIII Sections A and B.

• 1. An apartment, condominium, cluster or town house under this section may be permitted as a Land Development Project in the Residential Multi-Family Incentive District provided that the Planning Board, in accordance with this Ordinance, finds that the establishment of the same meets the standards and requirements of this section.
• 2. The purpose of these regulations is to encourage the appropriate use of land for the development of multi-family housing in which at least twenty-five percent (25%) of the units are "Low or moderate income housing", as defined in Article II., taking into consideration the natural amenities of the site. No multi-family structure or structures or apartment houses or group of apartment houses shall be erected unless in accordance with the standards set forth in this section.
• 3. In granting any such Land Development Project or in permitting any modification of the regulations set forth herein, the Planning Board may prescribe such conditions and safeguards, as further described in Article X. Special Conditions, as it may deem necessary to prevent nuisance to and promote harmony with nearby property.
• 4. The disregarding of any such condition or safeguard, when made a part of the terms under which a Land Development Project is granted, shall be deemed a violation of this Ordinance.
• 5. A Performance Bond or cash surety in the name of the Town of Portsmouth and in the amount of five percent (5%) of the estimated cost of development shall be submitted to the Zoning Enforcement Officer prior to the start of construction. Such Performance Bond or cash surety must be maintained in effect until a Certificate of Occupancy is issued.
• 6. No proposed development shall be approved by the Planning Board unless it is served by an adequate sewerage treatment system, as certified by RIDEM, or public sewer, when the same becomes available, and that the sewer line(s) to which it shall be connected, have adequate capacity to carry the additional effluent created by the development. Should the line(s) be determined to be inadequate, only such portion of the development as can be accepted by the sewer line(s) shall be approved for development, provided it meets all other requirements of this Zoning Ordinance.
  • a) In the event a private sewage treatment plant is to be constructed, it shall be approved by the State of Rhode Island Department of Environmental Management and it shall meet the standards of any federal or state legislation regarding water pollution control before a building permit may be issued.
• 7. In granting a Land Development Project for a development under this section the Planning Board shall, immediately upon receipt of an application hereunder, refer the site plan and related documents to the Department of Public Works Director, the Chief of the Fire Department, and the Town Planner for review and advice, per the stipulations of Article XI. Development Plan Review. Plans for apartment, Condominium and Town House developments within or adjacent to commercial zones shall also be referred to the Design Review Board review and advice, per the stipulations of Article XI. Development Plan Review. Such persons and boards must render their advice and comments to the Planning Board prior to the public hearing on said application.
• 8. The Town shall require that the developer provide affidavits or statements prior to final approval signed by the Department of Environmental Management and the Coastal Resources Management Council that the proposed site does not violate any portion of the Wetlands Act or CRMC regulations, plus permits from RIDOT for curb cuts and connections to State road drainage systems, if applicable, before issuance of a building permit.
• 9. Application shall include all required submissions in the checklist entitled "Checklist For Application- Low or Moderate Income Housing". The site plan shall conform to the development standards set forth in paragraph 10 below.
  • a) Submittal shall also include items required in Article IX Section D. Design Review Standards, as applicable.
  • b) Show the location and size of all units, specifying those to become low or moderate income units.
• 10. Development standards. All developments proposed under this Section shall conform to the following standards:
  • a) Minimum frontage: one hundred ten feet (110').
  • b) Minimum front yard: thirty feet (30').
  • c) Minimum side yard: twenty-five feet (25').
    • (1) Driveways may not be counted as side yards.
  • d) Minimum rear yard: twenty-five percent (25%) or thirty feet (30') whichever is less.
  • e) Maximum lot coverage by buildings: twenty-five percent (25%)**.

    ** Does include accessory structures such as swimming pools, cabanas, recreational buildings, etc. used exclusively for the residents of the development.

  • f) Maximum building and parking area coverage: forty percent (40%).
  • g) The following are the minimum required buildable land area per unit in square feet. In determining buildable land area, not more than ten percent (10%) of the area that is subject to periodic or seasonal flooding, per the most recent FEMA maps, shall be counted. (Example: total land area twenty (20) acres of which five (5) acres is subject to flooding net buildable land for determining density is fifteen point five (15.5) acres.) The provisions of this subparagraph shall supersede the provisions of Article IV, Section B. Land Space Requirements Table.
    • (1) If served by an on site sewer system with effluent being discharged into an on site absorption field, the minimum buildable land area per unit in square feet is as follows:

      ZONE	1 BEDROOM	2 BEDROOM	3 BEDROOM	EACH ADDITIONAL BEDROOM
      R-10	2,500	4,000	5,000	1,500
      R-20 & WD	5,000	8,000	10,000	3,000
      R-30	7,500	12,000	15,000	4,500
      R-40	10,000	16,000	20,000	6,000

    • (2) If served by sewer system plant or public sewer system with effluent being discharged into an offsite absorption field the minimum buildable land area per unit in square feet is as follows:

      ZONE	1 BEDROOM	2 BEDROOM	3 BEDROOM	EACH ADDITIONAL BEDROOM
      R-10	1,875	2,800	3,750	1,000
      R-20 & WD	3,750	5,500	7,500	2,000
      R-30	5,625	8,500	11,250	3,000
      R-40	7,500	11,250	15,000	4,000

      NOTE: Any room such as a den, playroom, etc. is to be considered as a bedroom for this purpose.

  • h) On site sewerage systems approval by the Rhode Island Department of Environmental Management is not required hereunder (but is, however, required prior to issuance of a building permit).
  • i) Sewage system.
    • (1) Public sanitary sewers shall be designed so as to ensure a self-cleaning velocity of not less than two and one half feet (2.5') per second nor more than ten feet (10') per second. Computation of sewage and sewage flow calculation shall be submitted.
  • j) Maximum Building Height: two and one-half (2 1/2) Stories, not to exceed thirty-five feet (35').
  • k) Drainage.
    • (1) The developer shall provide for adequate drainage and shall further provide that the rate of runoff from the property shall not increase during construction or after completion of the development to the detriment of surrounding properties. If the retention of water is deemed necessary, then the retention areas shall be provided prior to construction of any buildings or the surfacing of any areas. The engineer shall submit on separate sheets all computations in determining rates of runoff and shall base all calculations on a ten (10) year storm frequency using the TR-55 method for determining total storm water runoff. These computations shall be prepared by an engineer registered in the State of Rhode Island and he shall affix his seal to the required documents.
  • l) Water.
    • (1) Computation of water usage and a statement of water availability shall be submitted. Written evidence of permission to connect to a public water supply shall be delivered to the Building Inspector prior to issuance of a building permit.
  • m) Parkingⁱ (see provisions in Article IX).
  • n) Open space.
    • (1) Open space shall be provided in appropriate places and every effort shall be made to preserve wooded areas or other site amenities.
  • o) Building design and location.
    • (1) Where more than one (1) building is erected on a lot it shall be separated from any other building by a minimum of one hundred feet (100') and all buildings shall be set back a minimum of fifty-five feet (55') from the centerline of any interior way and thirty feet (30') from any parking area.
    • (2) Town House or attached dwelling: No row of attached buildings shall contain less than three (3) nor more than eight (8) units and the minimum width between party walls shall be not less than eighteen feet (18').
    • (3) No apartment building shall be less than sixty feet (60') in length. No facade or any apartment building shall exceed one hundred sixty linear feet (160') without a building jog of at least forty-five degrees (45°) for a two (2) wing building or thirty degrees (30°) for a three (3) wing building.
    • (4) No one (1) building shall contain more than twenty-four (24) units.
  • p) All interior roadways and parking areas shall be constructed in accordance with the "Construction Standard for Streets" of the "Rules and Regulations Regarding the Platting or other Subdivision of Land" of the Town of Portsmouth.

    Editor's Note: See Ch. 236, Land Development and Subdivision Regulations.

  • q) Access and egress.
    • (1) For each lot there shall be not more than one (1) entrance and exit driveway for each five hundred feet (500') of the existing street on which the lot faces. Said entrance and exit shall meet the requirements of the State of Rhode Island Department of Roads and Bridges and the Portsmouth Police and Highway Departments.
  • r) Acceptable engineering standards shall prevail where no standards are specified.
  • s) Fire lanes shall be provided for and approved by the Fire Department.
  • t) All low and moderate income housing units proposed must be integrated throughout the development; be compatible in scale and architectural style to the market rate units within the project; and be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.
• 11. The foregoing Development Standards including but not limited to the parking, open space, building design and location and other standards set forth herein and in Article IX may be modified and/or varied by the Planning Board, per the provisions of Article VIII, Section B.
• 12. Where these regulations may conflict with other regulations, the more stringent regulation shall prevail.