Portsmouth City Zoning Code
ARTICLE XIX
Low and Moderate Income Housing
Section A Authority to grant a comprehensive permit.
In accordance with Title 45, Chapter 53 of the Rhode Island General Laws, the Low and Moderate Income Housing Act, the Portsmouth Planning Board is designated as the local review board, and shall have the power to issue a comprehensive permit for a qualifying low and moderate income housing project.
Section B Procedure for approval of construction of low or moderate income housing.
Any applicant proposing to build low or moderate income 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 applicable local boards. This procedure is only available for proposals in which at least twenty-five percent (25%) of the housing is low or moderate income housing. The application and review process for a comprehensive permit shall be as follows:
1.
Submission requirements. Applications for a comprehensive permit shall be submitted to the Administrative Officer of the Planning Board and shall include:
a)
A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed by the Town of Portsmouth for a municipal government subsidy; and
b)
A written request to the Planning Board to submit a single application to build or rehabilitate low or moderate income housing in lieu of separate applications to the applicable local boards. The written request shall identify the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking relief; and
c)
A proposed timetable for the commencement of construction and completion of the project; and
d)
A sample land lease or deed restriction with affordability liens that will restrict use as low and moderate income housing in conformance with the guidelines of the agency providing the subsidy for the low and moderate income housing, but for a period of not less than thirty (30) years; and
e)
Identification of an approved entity that will monitor the long-term affordability of the low and moderate income units; and
f)
A reasonably detailed financial pro-forma, or a copy of the financial pro-forma provided to the RI Housing and Mortgage Finance Corp., for the proposed development; and
g)
For comprehensive permit applications:
(1)
Not involving major land developments or major subdivisions including, but not limited to, applications seeking relief from specific provisions of the zoning ordinance, or involving administrative subdivisions, minor land developments or minor subdivisions, or other local ordinances and regulations: those items required by local regulations promulgated pursuant to applicable state law, with the exception of evidence of state or federal permits; and for comprehensive permit applications; and
(2)
Involving major land development projects and major subdivisions, unless otherwise agreed to by the applicant and the Town; those items included in the master plan checklist for low or moderate income housing as provided in the Town of Portsmouth Land Development and Subdivision Regulations promulgated pursuant to § 45-23-40 of the Rhode Island General Laws.[1] Subsequent to master plan approval, the applicant must submit those items included in the preliminary plan checklist for low or moderate income housing for a major land development project or major subdivision as provided in the Land Development and Subdivision Regulations promulgated pursuant to § 45-23-41, with the exception of evidence of state or federal permits.
(3)
All required state and federal permits must be obtained prior to the final plan approval or the issuance of a building permit. Such final plan submission shall include written evidence that the Plans approved at the master plan or preliminary stages have not materially changed.
h)
The Town may impose fees on comprehensive permit applications that are consistent with but do not exceed fees that would otherwise be assessed for a project of the same scope and type but not proceeding as a comprehensive permit application, provided, however, that the imposition of such fees shall not preclude a showing by a non-profit applicant that the fees make the project financially infeasible; and
i)
Notwithstanding the submission requirements set forth above, the Planning Board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits and/or financial assistance, statements and advice from other local boards and officials.
2.
Certification of completeness. The application must be certified complete or incomplete by the Administrative Officer according to the provisions of the Land Development and Subdivision Regulations provided, however, that for a major land development or major subdivision, the certificate for a master plan shall be granted within thirty (30) days and for a preliminary plan shall be granted within forty-five (45) days. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than fourteen (14) days after its resubmission. If the Administrative Officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
3.
Pre-application conference. Where the comprehensive permit application proposal is a major land development project or a major subdivision pursuant to the Land Development and Subdivision Regulations[2] the Planning Board may require an applicant proposing a project under this section to first schedule a pre-application conference with the Planning Board, the Technical Review Committee established pursuant to the Land Development and Subdivision Regulations, or with the Administrative Officer for the Planning Board and other local officials, as appropriate. To request a pre-application conference, the applicant shall submit a short description of the project in writing including the number of units, type of housing, as well as a location map. The purpose of the pre-application conference shall be to review a concept plan of the proposed development. Upon receipt of a request by an applicant for a pre-application conference, the Town has thirty (30) days to schedule and hold the pre-application conference. If thirty (30) days have elapsed from the filing of the pre-application submission and no pre-application conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a comprehensive permit.
4.
Review of applications. An application filed in accordance with this section shall be reviewed by the Planning Board at a public hearing in accordance with the following provisions:
a)
Notification. Upon issuance of a certificate of completeness for a comprehensive permit, the Planning Board shall immediately notify each local board, as applicable, of the filing of the application, by sending a copy to the local boards and to other parties entitled to notice of hearings on applications under the zoning ordinance and/or Land Development and Subdivision Regulations as applicable.
b)
Public notice. Public notice for all public hearings will be the same notice required under the Land Development and Subdivision Regulations for a public hearing for a preliminary plan promulgated in accordance with Article VI, Section E thereof. The cost of notice shall be paid by the applicant.
c)
Review of minor projects. The review of a comprehensive permit application involving only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief from other local regulations or ordinances not otherwise addressed in this subsection, shall be conducted following the procedures in the Land Development and Subdivision Regulations, with the exception that all minor land developments or minor subdivisions under this section are required to hold a public hearing on the application, and within ninety-five (95) days of issuance of the certificate of completeness, or within such further time as is agreed to by the applicant and the Planning Board, render a decision.
d)
Review of major projects. In the review of a comprehensive permit application involving a major land development and/or major subdivision, the Planning Board shall hold a public hearing on the master plan and shall, within one hundred and twenty (120) days of issuance of the certification of completeness, or within such further amount of time as may be agreed to by the Planning Board and the applicant, render a decision. Preliminary and final plan review shall be conducted according to the Land Development and Subdivision Regulations except as otherwise specified in this section.
e)
Required findings. In taking final action on an application, the Planning Board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:
(1)
The proposed development is consistent with local needs as identified in the comprehensive community plan with particular emphasis on the Town's affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
(2)
The proposed development is in compliance with the standards and provisions of the Town's zoning ordinance and Land Development and Subdivision Regulations, and/or where expressly varied or waived local concerns that have been affected by the relief granted do not outweigh the state and local need for low and moderate income housing.
(3)
All low and moderate income housing units proposed are integrated throughout the development; are similar in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.
(4)
There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.
(5)
There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community.
(6)
All proposed land developments and all subdivisions lots will have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.
(7)
The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.
f)
The Planning Board has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size, or shape, or building materials, as are consistent with the terms of this section.
g)
In reviewing the comprehensive permit request, the Planning Board may deny the request for any of the following reasons:
(1)
If the Town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan;
(2)
If the proposal is not consistent with local needs, including, but not limited to, the needs identified in its approved comprehensive plan, and/or zoning ordinances and procedures promulgated in conformance with the comprehensive plan;
(3)
If the proposal is not in conformance with the comprehensive plan;
(4)
If the community has met or has plans to meet the goal of ten percent (10%) of the year-round units in the Town as defined in § 45-53-3(4)(i) of the Rhode Island General Laws being low and moderate income housing; or
(5)
If concerns for the environment and the health and safety of current residents have not been adequately addressed.
h)
All Planning Board decisions on comprehensive permits shall be by majority vote of the membership of the board and may be appealed by the applicant to the State Housing Appeals Board.
i)
If the public hearing is not convened or a decision is not rendered within the time allowed in Subsections B.4.c) and d), the application is deemed to have been allowed and the relevant approval shall issue immediately; provided, however, that this provision shall not apply to any application remanded for hearing, where more than one (1) application has been remanded for hearing provided for in § 45-53-6(f)(2) of the Rhode Island General Laws.
5.
Appeal. Any person aggrieved by the issuance of an approval may appeal to the Supreme Court.
6.
Expiration of comprehensive permits. A comprehensive permit shall expire unless construction is started within twelve (12) months and completed within sixty (60) months of final plan approval unless a longer and/or phased period for development is agreed to by the Planning Board and the applicant. Low and moderate income housing units shall be built and occupied prior to, or simultaneous with the construction and occupancy of market rate units.
7.
Limit on comprehensive permit applications. The Town may limit the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent (1%) of the total number of year-round housing units in the Town, as recognized in the affordable housing plan and notwithstanding the timetables set forth elsewhere in this section, the Planning Board shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this paragraph, sequentially in the order in which completed applications are submitted.
8.
Annual reports required. The Planning Board shall report the status of implementation to the Housing Resources Commission pursuant to § 42-128-4 of the Rhode Island General Laws, including the disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006 and for each June 30 thereafter by September 1 through 2010, as further provided in Title 45, Section 45-53-4(4)(xiii) of the Rhode Island General Laws.
9.
Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to commence hearings within thirty (30) days of receiving an application remanded by the State Housing Appeals Board pursuant to § 45-53-6(f)(2) shall be heard as herein provided; in any town with more than one (1) remanded application, applications may be scheduled for hearing in the order in which they were received, and may be taken up sequentially from the date they are remanded, with the thirty (30) day requirement for the initiation of hearings, commencing upon the decision of the earlier filed application.
Section C Filing fees.
An applicant seeking approval of a comprehensive permit under the provisions of this article shall pay to the Town, upon submission of an application to the Administrative Officer, a filing fee to cover the costs of processing the application. The check shall be payable to the Town of Portsmouth. Said fee shall equal the cumulative fees which would be associated with approval of the project if it did not qualify for review as a comprehensive permit.
Section D Effective date.
Section E Duplex units.
1.
Notwithstanding the provisions of Article IV Section B "Land Space Requirements Table", duplex housing structures in which at least one (1) of the units meets the definition of "low and moderate income housing" as provided in Article II Section B shall meet the following dimensional requirements;
Minimum Yard Setbacks | Maximum Bldg. Height | ||||||||
|---|---|---|---|---|---|---|---|---|---|
Zoning District | Min. Lot Size | Min. Lot Area Per Dwelling Unit | Min. Lot Frontage | Front | Rear | Side | Stories | Feet | Max. % Lot Coverage |
R-10 | 15,000 | 7,500 | 100' | 20' | 20' | 10' | 2-1/2 | 35' | 20% |
R-20 | 30,000 | 15,000 | 110' | 30' | 30' | 15' | 2-1/2 | 35' | 20% |
R-30 | 45,000 | 22,500 | 125' | 30' | 30' | 20' | 2-1/2 | 35' | 20% |
R-40 | 60,000 | 30,000 | 125' | 30' | 30' | 20' | 2-1/2 | 35' | 20% |
R-60 | 90,000 | 45,000 | 200' | 50' | 50' | 50' | 2-1/2 | 35' | 10% |
2.
The "Low or moderate income" unit shall have substantially the same exterior appearance as the market rate unit, and shall be of similar size as the market rate unit. The "Low or moderate income housing" unit shall be constructed at the same rate of development as the market rate unit, and be offered for sale or rental at substantially similar times as the market rate units.
All other provisions of Article IV. shall remain in force. | |
|---|---|
The Planning Board shall hear and rule upon all applications under this section. |
Section F 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.
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').
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.
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.[1]
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.
12.
Where these regulations may conflict with other regulations, the more stringent regulation shall prevail.