Introduced By: Representative Richard Fleury
Date Introduced : December 23, 1997
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-53-3 and 45-53-4 of the General Laws in Chapter 45-53 entitled "Low and Moderate Income Housing" are hereby amended to read as follows:
45-53-3. Definitions. -- The following words, wherever used in this chapter, shall, unless a different meaning clearly appears from the context, have the following meanings:
(a) "Comprehensive plan" means a comprehensive plan adopted and approved by a city or town pursuant to chapter 22.2 and 22.3 of this title.
(b) "Consistent with local needs" means local zoning or land use ordinances, requirements, and regulations shall be considered consistent with local needs if they are reasonable in view of the state need for low and moderate income housing, considered with the number of low income persons in the city or town affected and the need to protect the health and safety of the occupants of the proposed housing or of the residence of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations shall be consistent with local needs when imposed by a city or town council after comprehensive hearing in a city or town where:
(1) Low or moderate income housing exists which is {ADD (i) in the
case of an urban city or town which has at least 5,000 occupied
rental units and said units, as reported in the latest decennial
census of the city or town, comprise twenty-five percent (25%)
or more of the housing units, is in excess of fifteen percent
(15%) of said total occupied rental units, or (ii) in the case
of all other cities or towns, ADD} is in excess of ten percent
(10%) of the housing units reported in {ADD said ADD} {DEL the
latest decennial DEL} census {DEL of the city or town; DEL} {ADD . ADD}
{DEL {ADD In calculating the percentage of low or moderate income
housing units, the precentage shall be the number of rental units
which are subsidized as compared to the total occupied rental
housing units in the city or town; ADD} or DEL}
(2) The city or town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved pursuant to chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of {ADD either ADD} ten percent (10%) of the housing units {ADD or fifteen percent (15%) of the occupied rental housing units ADD} as provided in paragraph (1) of this subdivision.
(c) "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 zoning approval, to the extent that it makes it impossible for a public agency, nonprofit organization, or limited equity housing cooperative 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 public agency, nonprofit organization, or limited equity housing cooperative.
(d) "Local board" means any town or city zoning board of review, planning board or commission, platting board of review, or building inspector; or the officer or board having supervision of the construction of buildings or the power of enforcing municipal building, subdivision, or zoning laws; or the city council or town council.
(e) "Low or moderate income housing" means any housing subsidized by the federal or state government under any program to assist the construction or rehabilitation of low or moderate income housing, as defined in the applicable federal or state statute, whether built or operated by any public agency or any nonprofit organization, or by any limited equity housing cooperative or any private developer.
45-53-4. Procedure for approval of construction of low or
moderate income housing. -- Any public agency, nonprofit
organization, or limited equity housing cooperative proposing
to build low or moderate income housing may submit to the zoning
board of review, established under section 45-24-13, a single
application for a special exception to build that housing in lieu
of separate applications to the applicable local boards. In the
case of a private developer, this procedure shall only be available
for low or moderate income rental housing proposals which remain
as low or moderate income housing for a period of not less than
thirty (30) years from initial occupancy. The zoning board of
review shall forthwith notify each local board, as applicable,
of the filing of the application, by sending a copy thereof to
the local boards and to other parties entitled to notice of hearings
on applications for special exceptions and shall, within thirty
(30) days of the receipt of the application, hold a public hearing
on the application. The zoning board of review shall have the
same power to issue permits or approvals as 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, such conditions, and requirements with respect to
height, site plan, size, or shape, or building materials, as are
consistent with the terms of this section. In reviewing the special
exception request, the zoning board may deny the request {DEL only DEL}
{ADD for any of the following reasons: ADD} if the proposal is inconsistent
with local needs, including, but not limited to, the needs identified
in an approved comprehensive plan, and local zoning ordinances
and procedures promulgated in conformance with the comprehensive
plan; if the proposal is not in conformance with the comprehensive
plan; if the community has met or has plans to meet the standard
of ten percent (10%) of the units {ADD or, in the case of an urban
town or city, fifteen percent (15%) of the occupied rental housing
units as defined in section 45-53-3(b)(1) of this chapter ADD} being
low and moderate income housing; or if concerns for the environment
and the health and safety of current residents have not been adequately
addressed. The zoning board shall render a decision, based upon
a majority vote of the board, within forty (40) days after the
termination of the public hearing and, if favorable to the applicant,
shall forthwith issue a decision approving the application. If
the hearing is not convened or a decision is not rendered within
the time allowed, unless the time has been extended by mutual
agreement between the zoning board and the applicant, the application
shall be deemed to have been allowed and the approval shall forthwith
issue. Any person aggrieved by the issuance of an approval may
appeal to the supreme court.
SECTION 2. This act shall take effect on July 1, 1998.
