Exemptions from quota

A. The following types of dwellings shall not be subject to the provisions of this article with regard to the calculated quota. These dwellings have been determined to have no or minimal impact upon the Town's capacity or provide positive benefits to the Town which are consistent with the Comprehensive Plan.
B. The Building Official shall accept applications for construction of the dwellings listed below and shall act upon them without regard to the quotas, priority determination and procedures as set forth in this article. All such permits issued shall be considered to be issued in addition to the calculated quota provisions of this article. Complete applications for construction of dwelling units so authorized shall be granted permits within the time limit prescribed in the Rhode Island State Building Code, regardless of the availability of permits within the quota.
- (1) Vested rights. An application to construct a dwelling is not subject to this section if allowed pursuant to the vested rights provisions of this article.
  [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- (2) Phased subdivisions. Phased subdivisions that have received preliminary approval by the Planning Board with mandatory phasing restrictions shall be exempt from the quota, provided that the phasing restrictions of the Planning Board are met. Such exemption shall survive only until the termination of the Planning Board's restrictions.
- (3) Elderly housing developments. Dwellings which would contribute to meeting the year-round housing needs of elderly and disabled citizens through enforceable restrictions limiting occupancy to households whose members are 62 years of age or older.
- (4) Retired adult communities. Planned developments for retired citizens, with amenities, established through publicly enforceable restrictions limiting occupancy to residents whose members are 55 years of age or older.
- (5) Multifamily dwellings. Multifamily dwellings have zero-bedroom (studio) or one-bedroom units, and which do not exceed a total of 800 square feet of floor area per dwelling unit.
- (6) Community residence. Any community residence as defined by R.I.G.L. § 45-24-31.
- (7) Special impact development. Multi-household land development projects within the Exit 7 Special Management District (SMD) which, at the time of master plan approval, the applicant has proven to the satisfaction of the Planning Board that the development shall have no or very limited impacts on those critical Town capacities which most severely limit sustainable and serviceable growth, including but not limited to educational facilities and services.
  [Amended 10-18-2004]