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| 5 | 5 | | 2023 -- S 0307 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000697 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AND CITIES -- PROHIBITION OF SINGLE-FAMILY ZONING IN |
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| 16 | 16 | | URBAN GROWTH BOUNDAR IES ACT OF 2023 |
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| 17 | 17 | | Introduced By: Senators Mack, Kallman, and Bell |
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| 18 | 18 | | Date Introduced: February 16, 2023 |
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| 19 | 19 | | Referred To: Senate Housing & Municipal Government |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby 1 |
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| 24 | 24 | | amended by adding thereto the following chapter: 2 |
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| 25 | 25 | | CHAPTER 24.7 3 |
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| 26 | 26 | | PROHIBITION OF SINGLE-FAMILY ZONING IN URBAN GROWTH BOUNDARIES ACT 4 |
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| 27 | 27 | | OF 2023 5 |
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| 28 | 28 | | 45-24.7-1. Short title. 6 |
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| 29 | 29 | | This chapter shall be known and may be cited as the "Prohibition of Single-Family Zoning 7 |
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| 30 | 30 | | in Urban Growth Boundaries Act of 2023". 8 |
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| 31 | 31 | | 45-24.7-2. Legislative purpose. 9 |
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| 32 | 32 | | The legislature encourages the development of higher-density, mixed use, and walkable 10 |
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| 33 | 33 | | urban communities by repealing and prohibiting single-family zoning in urban areas. The 11 |
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| 34 | 34 | | prohibition of single-family zoning in urban areas would reduce the use of automobiles and create 12 |
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| 35 | 35 | | development of middle housing within areas formerly zoned as single-family areas. 13 |
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| 36 | 36 | | 45-24.7-3. Definitions. 14 |
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| 37 | 37 | | As used in this chapter, the following words and phrases shall have the following meanings: 15 |
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| 38 | 38 | | (1) "Cottage clusters" means groupings of no fewer than four (4) detached housing units 16 |
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| 39 | 39 | | per acre with a footprint of less than nine hundred (900) square feet each and that include a common 17 |
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| 40 | 40 | | courtyard. 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000697 - Page 2 of 16 |
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| 44 | 44 | | (2) "Middle housing" means duplexes, triplexes, quadplexes, cottage clusters and 1 |
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| 45 | 45 | | townhouses. 2 |
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| 46 | 46 | | (3) "Townhouse" means a dwelling unit constructed in a row of two (2) or more attached 3 |
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| 47 | 47 | | units, where each dwelling unit is located on an individual lot or parcel and shares at least one 4 |
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| 48 | 48 | | common wall with an adjacent unit. 5 |
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| 49 | 49 | | (4) "Urban growth boundary" means and refers to rules that designate what areas can and 6 |
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| 50 | 50 | | cannot be developed around a city center. 7 |
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| 51 | 51 | | 45-24.7-4. Middle housing allowed. 8 |
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| 52 | 52 | | (a) Except as provided in subsection (d) of this section, each municipality with a population 9 |
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| 53 | 53 | | of twenty-thousand (20,000) or more, shall allow the development of: 10 |
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| 54 | 54 | | (1) All middle housing types in areas zoned for residential use that allow for the 11 |
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| 55 | 55 | | development of detached single-family dwelling; and 12 |
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| 56 | 56 | | (2) A duplex on each lot or parcel zoned for residential use that allows for development of 13 |
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| 57 | 57 | | detached single-family dwellings. 14 |
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| 58 | 58 | | (b) A duplex on each lot parcel zoned for residential use that allows for the development 15 |
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| 59 | 59 | | of detached single-family dwellings. 16 |
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| 60 | 60 | | (c) Nothing in this subsection prohibits a local governing body from allowing other types 17 |
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| 61 | 61 | | of middle housing in addition to duplexes. 18 |
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| 62 | 62 | | (d) This section does not apply to municipalities with a population of less than twenty-19 |
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| 63 | 63 | | thousand (20,000); lands not within an urban growth boundary; lands not zoned for residential use, 20 |
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| 64 | 64 | | including lands primarily zoned as commercial, industrial, agricultural; those used for public uses 21 |
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| 65 | 65 | | or, lands zoned under an interim zoning designation that maintains the land's potential for planned 22 |
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| 66 | 66 | | urban development. 23 |
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| 67 | 67 | | (e) Local governing bodies may regulate siting and design of middle housing required to 24 |
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| 68 | 68 | | be permitted under this section, provided that regulations do not, individually or cumulatively, 25 |
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| 69 | 69 | | discourage the development of all middle housing types permitted in the area through unreasonable 26 |
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| 70 | 70 | | costs or delay. Local governing bodies may regulate middle housing to comply with protective 27 |
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| 71 | 71 | | measures adopted pursuant to statewide land use planning goals and the municipalities' 28 |
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| 72 | 72 | | comprehensive plan. 29 |
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| 73 | 73 | | (f) This section does not prohibit local governing bodies from permitting: 30 |
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| 74 | 74 | | (1) Single-family dwellings in areas zoned to allow for single-family dwellings; or 31 |
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| 75 | 75 | | (2) Middle housing in areas not required under this section. 32 |
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| 76 | 76 | | 45-24.7-5. Compliance. 33 |
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| 77 | 77 | | (a) Notwithstanding any other provisions contained in this chapter, a local governing body 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000697 - Page 3 of 16 |
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| 81 | 81 | | shall adopt land use regulations or amend its comprehensive plan to implement § 45-24.7-6 no later 1 |
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| 82 | 82 | | than June 30, 2024 for each of those municipalities with a population of more than twenty thousand 2 |
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| 83 | 83 | | (20,000). 3 |
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| 84 | 84 | | (b) The state building code standards committee shall develop a model middle housing 4 |
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| 85 | 85 | | ordinance no later than December 31, 2023. 5 |
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| 86 | 86 | | (c) Any local governing body that has not adopted land use regulations or amended its 6 |
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| 87 | 87 | | comprehensive plan by the dates contained in this section shall directly apply the model ordinance 7 |
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| 88 | 88 | | developed by the state building code standards committee until it adopts the regulations or amends 8 |
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| 89 | 89 | | its comprehensive plan as required by this section. 9 |
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| 90 | 90 | | (d) In adopting regulations or amending a comprehensive plan under this section, a local 10 |
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| 91 | 91 | | governing body shall consider ways to increase the affordability of middle housing by considering 11 |
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| 92 | 92 | | ordinances and policies that include, but are not limited to: 12 |
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| 93 | 93 | | (1) Waiving or deferring system development charges; 13 |
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| 94 | 94 | | (2) Adopting or amending criteria for property tax exemptions under § 44-5-12 and §§ 44-14 |
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| 95 | 95 | | 5-13.2 through 44-5-13.39; 15 |
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| 96 | 96 | | (3) Assessing a construction tax. 16 |
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| 97 | 97 | | (e) When a local governing body makes a legislative decision to amend its comprehensive 17 |
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| 98 | 98 | | plan or land use regulations to allow middle housing areas zoned for residential use that allow for 18 |
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| 99 | 99 | | detached single-family dwellings, the local governing body is not required to consider whether the 19 |
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| 100 | 100 | | amendments significantly affect an existing or planned transportation facility. 20 |
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| 101 | 101 | | 45-24.7-6. Relief from compliance. 21 |
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| 102 | 102 | | (a) Notwithstanding the provisions of § 45-24.7-5, the state building code standards 22 |
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| 103 | 103 | | committee may grant an extension of the time allowed to adopt land use regulations or amendments 23 |
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| 104 | 104 | | to comprehensive plans. 24 |
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| 105 | 105 | | (b) A municipality may apply for an extension only to specific areas where the local 25 |
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| 106 | 106 | | governing body has identified water, sewer, storm drainage, or transportation services that are 26 |
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| 107 | 107 | | either significantly deficient or are expected to be significantly deficient before December 31, 2025, 27 |
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| 108 | 108 | | and for which the local governing body has established a plan of action that will remedy the 28 |
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| 109 | 109 | | deficiency in those services that is approved by the state building code standards committee. Any 29 |
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| 110 | 110 | | extension granted shall not extend beyond the date that the local governing body intends to correct 30 |
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| 111 | 111 | | the deficiency under the plan. 31 |
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| 112 | 112 | | (c) In areas where the extension under this section does not apply, the local governing body 32 |
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| 113 | 113 | | shall apply its own land use regulations as adopted pursuant to this section or apply the model 33 |
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| 114 | 114 | | ordinance adopted by the state building code standards committee. 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000697 - Page 4 of 16 |
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| 118 | 118 | | (d) Any local governing body requesting an extension shall apply for the extension at least 1 |
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| 119 | 119 | | six (6) months prior to the expiration of the dates of compliance set out in § 45-24.7-5. 2 |
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| 120 | 120 | | (e) The state building code standards committee shall provide a decision on the request for 3 |
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| 121 | 121 | | extension within ninety (90) days of receipt of the request. 4 |
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| 122 | 122 | | (f) The state building code standards committee shall adopt rules regarding the form and 5 |
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| 123 | 123 | | substance of any application for an extension. The rules shall include, but not be limited to: 6 |
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| 124 | 124 | | (1) Defining affected areas; 7 |
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| 125 | 125 | | (2) Calculating deficiencies of water, sewer, storm drainage or transportation facilities; 8 |
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| 126 | 126 | | (3) Service deficiency levels required to qualify for the extension; 9 |
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| 127 | 127 | | (4) The components and timing of a remediation plan necessary to qualify for an extension; 10 |
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| 128 | 128 | | (5) Standards for evaluating applications; and 11 |
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| 129 | 129 | | (6) Establishing deadlines and components for the approval of a plan of action. 12 |
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| 130 | 130 | | SECTION 2. Sections 45-22.2-6 and 45-22.2-12 of the General Laws in Chapter 45-22.2 13 |
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| 131 | 131 | | entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby amended to read as 14 |
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| 132 | 132 | | follows: 15 |
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| 133 | 133 | | 45-22.2-6. Required content of a comprehensive plan. 16 |
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| 134 | 134 | | (a) The comprehensive plan must utilize a minimum twenty (20) year planning timeframe 17 |
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| 135 | 135 | | in considering forecasts, goals, and policies. 18 |
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| 136 | 136 | | (b) The comprehensive plan must be internally consistent in its policies, forecasts, and 19 |
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| 137 | 137 | | standards, and shall include the content described within this section. The content described in 20 |
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| 138 | 138 | | subdivisions (1) through (10) may be organized and presented as deemed suitable and appropriate 21 |
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| 139 | 139 | | by the municipality. The content described in subdivisions (11) and (12) must be included as 22 |
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| 140 | 140 | | individual sections of the plan. 23 |
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| 141 | 141 | | (1) Goals and policies. The plan must identify the goals and policies of the municipality 24 |
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| 142 | 142 | | for its future growth and development and for the conservation of its natural and cultural resources. 25 |
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| 143 | 143 | | The goals and policies of the plan shall be consistent with the goals and intent of this chapter and 26 |
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| 144 | 144 | | embody the goals and policies of the state guide plan. 27 |
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| 145 | 145 | | (2) Maps. The plan must contain maps illustrating the following as appropriate to the 28 |
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| 146 | 146 | | municipality: 29 |
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| 147 | 147 | | (i) Existing conditions: 30 |
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| 148 | 148 | | (A) Land use, including the range of residential housing densities; 31 |
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| 149 | 149 | | (B) Zoning; 32 |
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| 150 | 150 | | (C) Key infrastructure such as, but not limited to, roads, public water, and sewer; 33 |
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| 151 | 151 | | (D) Service areas for public water and sewer; 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000697 - Page 5 of 16 |
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| 155 | 155 | | (E) Historical and cultural resource areas and sites; 1 |
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| 156 | 156 | | (F) Open space and conservation areas (public and private); and 2 |
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| 157 | 157 | | (G) Natural resources such as, but not limited to, surface water, wetlands, floodplains, soils, 3 |
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| 158 | 158 | | and agricultural land; 4 |
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| 159 | 159 | | (ii) Future land use illustrating the desired patterns of development, density, and 5 |
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| 160 | 160 | | conservation as defined by the comprehensive plan; and 6 |
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| 161 | 161 | | (iii) Identification of discrepancies between future land uses and existing zoning use 7 |
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| 162 | 162 | | categories. 8 |
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| 163 | 163 | | (3) Natural resource identification and conservation. The plan must be based on an 9 |
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| 164 | 164 | | inventory of significant natural resource areas such as, but not limited to, water, soils, prime 10 |
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| 165 | 165 | | agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan 11 |
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| 166 | 166 | | must include goals, policies, and implementation techniques for the protection and management of 12 |
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| 167 | 167 | | these areas. 13 |
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| 168 | 168 | | (4) Open space and outdoor recreation identification and protection. The plan must be 14 |
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| 169 | 169 | | based on an inventory of outdoor recreational resources, open space areas, and recorded access to 15 |
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| 170 | 170 | | these resources and areas. The plan must contain an analysis of forecasted needs, policies for the 16 |
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| 171 | 171 | | management and protection of these resources and areas, and identification of areas for potential 17 |
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| 172 | 172 | | expansion. The plan must include goals, policies, and implementation techniques for the protection 18 |
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| 173 | 173 | | and management of existing resources and acquisition of additional resources if appropriate. 19 |
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| 174 | 174 | | (5) Historical and cultural resources identification and protection. The plan must be based 20 |
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| 175 | 175 | | on an inventory of significant historical and cultural resources such as historical buildings, sites, 21 |
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| 176 | 176 | | landmarks, and scenic views. The plan must include goals, policies, and implementation techniques 22 |
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| 177 | 177 | | for the protection of these resources. 23 |
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| 178 | 178 | | (6) Housing. The plan must include the identification of existing housing patterns, an 24 |
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| 179 | 179 | | analysis of existing and forecasted housing needs by type and density range, and identification of 25 |
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| 180 | 180 | | areas suitable for future housing development or rehabilitation in accordance with all factors 26 |
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| 181 | 181 | | contained in this section. The plan shall include an affordable housing program that meets the 27 |
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| 182 | 182 | | requirements of § 42-128-8.1, the “Comprehensive Housing Production and Rehabilitation Act of 28 |
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| 183 | 183 | | 2004” and chapter 53 of this title, the “Rhode Island Low and Moderate Income Housing Act.” The 29 |
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| 184 | 184 | | plan must include goals and policies that further the goal of § 45-22.2-3(c)(3) and implementation 30 |
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| 185 | 185 | | techniques that identify specific programs to promote the preservation, production, and 31 |
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| 186 | 186 | | rehabilitation of housing. 32 |
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| 187 | 187 | | (7) Economic development. The plan must include the identification of existing types and 33 |
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| 188 | 188 | | patterns of economic activities including, but not limited to, business, commercial, industrial, 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000697 - Page 6 of 16 |
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| 192 | 192 | | agricultural, and tourism. The plan must also identify areas suitable for future economic expansion 1 |
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| 193 | 193 | | or revitalization. The plan must include goals, policies, and implementation techniques reflecting 2 |
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| 194 | 194 | | local, regional, and statewide concerns for the expansion and stabilization of the economic base 3 |
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| 195 | 195 | | and the promotion of quality employment opportunities and job growth. The plan shall consider 4 |
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| 196 | 196 | | market factors that may substantially impact future urban residential development. 5 |
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| 197 | 197 | | (8) Services and facilities. The plan must be based on an inventory of existing physical 6 |
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| 198 | 198 | | infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries, 7 |
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| 199 | 199 | | indoor recreation facilities, and community centers. The plan must describe services provided to 8 |
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| 200 | 200 | | the community such as, but not limited to, water supply and the management of wastewater, storm 9 |
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| 201 | 201 | | water, and solid waste. The plan must consider energy production and consumption. The plan must 10 |
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| 202 | 202 | | analyze the needs for future types and levels of services and facilities, including, in accordance 11 |
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| 203 | 203 | | with § 46-15.3-5.1, water supply system management planning, which includes demand 12 |
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| 204 | 204 | | management goals as well as plans for water conservation and efficient use of water concerning 13 |
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| 205 | 205 | | any water supplier providing service in the municipality, and contain goals, policies, and 14 |
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| 206 | 206 | | implementation techniques for meeting future demands. 15 |
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| 207 | 207 | | (9) Circulation/Transportation. The plan must be based on an inventory and analysis of 16 |
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| 208 | 208 | | existing and proposed major circulation systems, including transit and bikeways; street patterns; 17 |
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| 209 | 209 | | and any other modes of transportation, including pedestrian, in coordination with the land use 18 |
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| 210 | 210 | | element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient, 19 |
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| 211 | 211 | | and convenient transportation that promotes conservation and environmental stewardship must be 20 |
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| 212 | 212 | | identified. 21 |
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| 213 | 213 | | (10) Natural hazards. The plan must include an identification of areas that could be 22 |
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| 214 | 214 | | vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural hazards. 23 |
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| 215 | 215 | | Goals, policies, and implementation techniques must be identified that would help to avoid or 24 |
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| 216 | 216 | | minimize the effects that natural hazards pose to lives, infrastructure, and property. 25 |
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| 217 | 217 | | (11) Land use. In conjunction with the future land use map as required in subsection 26 |
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| 218 | 218 | | (b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed 27 |
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| 219 | 219 | | general distribution and general location and interrelationships of land uses including, but not 28 |
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| 220 | 220 | | limited to, residential, commercial, industrial, open space, agriculture, recreation facilities, and 29 |
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| 221 | 221 | | other categories of public and private uses of land. The land use component shall be based upon 30 |
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| 222 | 222 | | the required plan content as stated in this section. It shall relate the proposed standards of population 31 |
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| 223 | 223 | | density and building intensity to the capacity of the land and available or planned facilities and 32 |
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| 224 | 224 | | services. The land use component must contain an analysis of the inconsistency of existing zoning 33 |
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| 225 | 225 | | districts, if any, with planned future land use. The land use component shall specify the process and 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000697 - Page 7 of 16 |
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| 229 | 229 | | schedule by which the zoning ordinance and zoning map shall be amended to conform to the 1 |
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| 230 | 230 | | comprehensive plan and shall be included as part of the implementation program. 2 |
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| 231 | 231 | | (12) Implementation program. 3 |
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| 232 | 232 | | (i) A statement which defines and schedules the specific public actions to be undertaken in 4 |
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| 233 | 233 | | order to achieve the goals and objectives of each component of the comprehensive plan. Scheduled 5 |
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| 234 | 234 | | expansion or replacement of public facilities, and the anticipated costs and revenue sources 6 |
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| 235 | 235 | | proposed to meet those costs reflected in a municipality’s capital improvement program, must be 7 |
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| 236 | 236 | | included in the implementation program. 8 |
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| 237 | 237 | | (ii) The implementation program identifies the public actions necessary to implement the 9 |
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| 238 | 238 | | objectives and standards of each component of the comprehensive plan that require the adoption or 10 |
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| 239 | 239 | | amendment of codes and ordinances by the governing body of the municipality. 11 |
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| 240 | 240 | | (iii) The implementation program identifies other public authorities or agencies owning 12 |
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| 241 | 241 | | water supply facilities or providing water supply services to the municipality, and coordinates the 13 |
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| 242 | 242 | | goals and objectives of the comprehensive plan with the actions of public authorities or agencies 14 |
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| 243 | 243 | | with regard to the protection of watersheds as provided in § 46-15.3-1 et seq. 15 |
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| 244 | 244 | | (iv) The implementation program must detail the timing and schedule of municipal actions 16 |
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| 245 | 245 | | required to amend the zoning ordinance and map to conform to the comprehensive plan. 17 |
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| 246 | 246 | | 45-22.2-12. Maintaining and re-adopting the plan. 18 |
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| 247 | 247 | | (a) A municipality must maintain a single version of the comprehensive plan including all 19 |
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| 248 | 248 | | amendments, appendices, and supplements. One or more complete copies of the comprehensive 20 |
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| 249 | 249 | | plan including, all amendments, shall be made available for review by the public. Availability shall 21 |
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| 250 | 250 | | include print, digital formats, and placement on the internet. 22 |
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| 251 | 251 | | (b) A municipality shall periodically review and amend its plan in a timely manner to 23 |
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| 252 | 252 | | account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its 24 |
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| 253 | 253 | | entire comprehensive plan, including supplemental plans, such as, but not limited to, special area 25 |
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| 254 | 254 | | plans, that may be incorporated by reference, at least once every ten (10) years from the date of 26 |
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| 255 | 255 | | municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts, 27 |
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| 256 | 256 | | goals, and policies must be utilized for an update. In assessing changing conditions, a municipality 28 |
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| 257 | 257 | | shall adopt findings regarding the density expectations assumed to result from measures adopted 29 |
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| 258 | 258 | | under this section. The density expectations may not project an increase in residential capacity 30 |
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| 259 | 259 | | above achieved density by more than three percent (3%) without quantifiable validation for such 31 |
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| 260 | 260 | | departures. For municipalities outside the urban growth boundaries, a quantifiable validation must 32 |
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| 261 | 261 | | demonstrate that the assumed housing capacity has been achieved in areas that are zoned to allow 33 |
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| 262 | 262 | | no greater than the same authorized density level within that municipality. For urban growth areas, 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC000697 - Page 8 of 16 |
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| 266 | 266 | | a quantifiable validation shall demonstrate that the assumed housing capacity has been achieved in 1 |
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| 267 | 267 | | areas that are zoned to allow no greater than the same authorized density with the municipality. 2 |
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| 268 | 268 | | (c) A newly adopted plan shall supersede all previous versions. 3 |
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| 269 | 269 | | (d) A municipality shall file an informational report on the status of the comprehensive 4 |
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| 270 | 270 | | plan implementation program with the chief not more than five (5) years from the date of municipal 5 |
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| 271 | 271 | | approval. 6 |
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| 272 | 272 | | SECTION 3. Section 45-53-4 of the General Laws in Chapter 45-53 entitled "Low and 7 |
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| 273 | 273 | | Moderate Income Housing" is hereby amended to read as follows: 8 |
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| 274 | 274 | | 45-53-4. Procedure for approval of construction of low- or moderate-income housing. 9 |
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| 275 | 275 | | (a) Any applicant proposing to build low- or moderate-income housing may submit to the 10 |
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| 276 | 276 | | local review board a single application for a comprehensive permit to build that housing in lieu of 11 |
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| 277 | 277 | | separate applications to the applicable local boards. This procedure is only available for proposals 12 |
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| 278 | 278 | | in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing. 13 |
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| 279 | 279 | | The application and review process for a comprehensive permit shall be as follows: 14 |
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| 280 | 280 | | (1) Submission requirements. Applications for a comprehensive permit shall include: 15 |
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| 281 | 281 | | (i) A letter of eligibility issued by the Rhode Island housing and mortgage finance 16 |
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| 282 | 282 | | corporation, or in the case of projects primarily funded by the U.S. Department of Housing and 17 |
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| 283 | 283 | | Urban Development or other state or federal agencies, an award letter indicating the subsidy, or 18 |
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| 284 | 284 | | application in such form as may be prescribed for a municipal government subsidy; and 19 |
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| 285 | 285 | | (ii) A written request to the local review board to submit a single application to build or 20 |
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| 286 | 286 | | rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local 21 |
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| 287 | 287 | | boards. The written request shall identify the specific sections and provisions of applicable local 22 |
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| 288 | 288 | | ordinances and regulations from which the applicant is seeking relief; and 23 |
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| 289 | 289 | | (iii) A proposed timetable for the commencement of construction and completion of the 24 |
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| 290 | 290 | | project; and 25 |
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| 291 | 291 | | (iv) A sample land lease or deed restriction with affordability liens that will restrict use as 26 |
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| 292 | 292 | | low- and moderate-income housing in conformance with the guidelines of the agency providing 27 |
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| 293 | 293 | | the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) 28 |
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| 294 | 294 | | years; and 29 |
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| 295 | 295 | | (v) Identification of an approved entity that will monitor the long-term affordability of the 30 |
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| 296 | 296 | | low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include 31 |
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| 297 | 297 | | the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and 32 |
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| 298 | 298 | | acting through its monitoring agents, and these agents shall monitor the long-term affordability of 33 |
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| 299 | 299 | | the low- and moderate-income units pursuant to § 45-53-3.2; and 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC000697 - Page 9 of 16 |
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| 303 | 303 | | (vi) A financial pro-forma for the proposed development; and 1 |
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| 304 | 304 | | (vii) For comprehensive permit applications: (A) Not involving major land developments 2 |
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| 305 | 305 | | or major subdivisions including, but not limited to, applications seeking relief from specific 3 |
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| 306 | 306 | | provisions of a local zoning ordinance, or involving administrative subdivisions, minor land 4 |
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| 307 | 307 | | developments or minor subdivisions, or other local ordinances and regulations: those items required 5 |
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| 308 | 308 | | by local regulations promulgated pursuant to applicable state law, with the exception of evidence 6 |
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| 309 | 309 | | of state or federal permits; and for comprehensive permit applications; and (B) Involving major 7 |
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| 310 | 310 | | land developments and major subdivisions, unless otherwise agreed to by the applicant and the 8 |
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| 311 | 311 | | town; those items included in the checklist for the master plan in the local regulations promulgated 9 |
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| 312 | 312 | | pursuant to § 45-23-40. Subsequent to master plan approval, the applicant must submit those items 10 |
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| 313 | 313 | | included in the checklist for a preliminary plan for a major land development or major subdivision 11 |
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| 314 | 314 | | project in the local regulations promulgated pursuant to § 45-23-41, with the exception of evidence 12 |
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| 315 | 315 | | of state or federal permits. All required state and federal permits must be obtained prior to the final 13 |
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| 316 | 316 | | plan approval or the issuance of a building permit; and 14 |
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| 317 | 317 | | (viii) Municipalities may impose fees on comprehensive permit applications that are 15 |
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| 318 | 318 | | consistent with but do not exceed fees that would otherwise be assessed for a project of the same 16 |
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| 319 | 319 | | scope and type but not proceeding under this chapter, provided, however, that the imposition of 17 |
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| 320 | 320 | | such fees shall not preclude a showing by a nonprofit applicant that the fees make the project 18 |
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| 321 | 321 | | financially infeasible; and 19 |
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| 322 | 322 | | (xi) Notwithstanding the submission requirements set forth above, the local review board 20 |
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| 323 | 323 | | may request additional, reasonable documentation throughout the public hearing, including, but not 21 |
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| 324 | 324 | | limited to, opinions of experts, credible evidence of application for necessary federal and/or state 22 |
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| 325 | 325 | | permits, statements and advice from other local boards and officials. 23 |
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| 326 | 326 | | (2) Certification of completeness. The application must be certified complete or 24 |
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| 327 | 327 | | incomplete by the administrative officer according to the provisions of § 45-23-36; provided, 25 |
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| 328 | 328 | | however, that for a major land development or major subdivision, the certificate for a master plan 26 |
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| 329 | 329 | | shall be granted within twenty-five (25) days and for a preliminary plan shall be granted within 27 |
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| 330 | 330 | | twenty-five (25) days. The running of the time period set forth herein will be deemed stopped upon 28 |
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| 331 | 331 | | the issuance of a certificate of incompleteness of the application by the administrative officer and 29 |
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| 332 | 332 | | will recommence upon the resubmission of a corrected application by the applicant. However, in 30 |
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| 333 | 333 | | no event will the administrative officer be required to certify a corrected submission as complete 31 |
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| 334 | 334 | | or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies 32 |
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| 335 | 335 | | the application as incomplete, the officer shall set forth in writing with specificity the missing or 33 |
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| 336 | 336 | | incomplete items. 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC000697 - Page 10 of 16 |
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| 340 | 340 | | (3) Pre-application conference. Where the comprehensive permit application proposal is a 1 |
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| 341 | 341 | | major land development project or a major subdivision pursuant to chapter 23 of this title a 2 |
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| 342 | 342 | | municipality may require an applicant proposing a project under this chapter to first schedule a pre-3 |
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| 343 | 343 | | application conference with the local review board, the technical review committee established 4 |
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| 344 | 344 | | pursuant to § 45-23-56, or with the administrative officer for the local review board and other local 5 |
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| 345 | 345 | | officials, as appropriate. To request a pre-application conference, the applicant shall submit a short 6 |
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| 346 | 346 | | description of the project in writing including the number of units, type of housing, as well as a 7 |
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| 347 | 347 | | location map. The purpose of the pre-application conference shall be to review a concept plan of 8 |
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| 348 | 348 | | the proposed development. Upon receipt of a request by an applicant for a pre-application 9 |
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| 349 | 349 | | conference, the municipality has thirty (30) days to schedule and hold the pre-application 10 |
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| 350 | 350 | | conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no 11 |
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| 351 | 351 | | pre-application conference has taken place, nothing shall be deemed to preclude an applicant from 12 |
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| 352 | 352 | | thereafter filing and proceeding with an application for a comprehensive permit. 13 |
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| 353 | 353 | | (4) Review of applications. An application filed in accordance with this chapter shall be 14 |
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| 354 | 354 | | reviewed by the local review board at a public hearing in accordance with the following provisions: 15 |
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| 355 | 355 | | (i) Notification. Upon issuance of a certificate of completeness for a comprehensive 16 |
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| 356 | 356 | | permit, the local review board shall immediately notify each local board, as applicable, of the filing 17 |
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| 357 | 357 | | of the application, by sending a copy to the local boards and to other parties entitled to notice of 18 |
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| 358 | 358 | | hearings on applications under the zoning ordinance and/or land development and subdivision 19 |
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| 359 | 359 | | regulations as applicable. 20 |
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| 360 | 360 | | (ii) Public notice. Public notice for all public hearings will be the same notice required 21 |
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| 361 | 361 | | under local regulations for a public hearing for a preliminary plan promulgated in accordance with 22 |
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| 362 | 362 | | § 45-23-42. The cost of notice shall be paid by the applicant. 23 |
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| 363 | 363 | | (iii) Review of minor projects. The review of a comprehensive permit application 24 |
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| 364 | 364 | | involving only minor land developments or minor subdivisions or requesting zoning ordinance 25 |
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| 365 | 365 | | relief or relief from other local regulations or ordinances not otherwise addressed in this subsection, 26 |
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| 366 | 366 | | shall be conducted following the procedures in the applicable local regulations, with the exception 27 |
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| 367 | 367 | | that all minor land developments or minor subdivisions under this section are required to hold a 28 |
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| 368 | 368 | | public hearing on the application, and within ninety-five (95) days of issuance of the certificate of 29 |
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| 369 | 369 | | completeness, or within such further time as is agreed to by the applicant and the local review 30 |
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| 370 | 370 | | board, render a decision. 31 |
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| 371 | 371 | | (iv) Review of major projects. In the review of a comprehensive permit application 32 |
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| 372 | 372 | | involving a major land development and/or major subdivision, the local review board shall hold a 33 |
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| 373 | 373 | | public hearing on the master plan and shall, within ninety (90) days of issuance of the certification 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC000697 - Page 11 of 16 |
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| 377 | 377 | | of completeness, or within such further amount of time as may be agreed to by the local review 1 |
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| 378 | 378 | | board and the applicant, render a decision. Preliminary and final plan review shall be conducted 2 |
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| 379 | 379 | | according to local regulations promulgated pursuant to chapter 23 of this title except as otherwise 3 |
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| 380 | 380 | | specified in this section. 4 |
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| 381 | 381 | | (v) Required findings. In approving an application, the local review board shall make 5 |
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| 382 | 382 | | positive findings, supported by legally competent evidence on the record that discloses the nature 6 |
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| 383 | 383 | | and character of the observations upon which the fact finders acted, on each of the following 7 |
|---|
| 384 | 384 | | standard provisions, where applicable: 8 |
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| 385 | 385 | | (A) The proposed development is consistent with local needs as identified in the local 9 |
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| 386 | 386 | | comprehensive community plan with particular emphasis on the community’s affordable housing 10 |
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| 387 | 387 | | plan and/or has satisfactorily addressed the issues where there may be inconsistencies. 11 |
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| 388 | 388 | | (B) The proposed development is in compliance with the standards and provisions of the 12 |
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| 389 | 389 | | municipality’s zoning ordinance and subdivision regulations, and/or where expressly varied or 13 |
|---|
| 390 | 390 | | waived local concerns that have been affected by the relief granted do not outweigh the state and 14 |
|---|
| 391 | 391 | | local need for low- and moderate-income housing. 15 |
|---|
| 392 | 392 | | (C) All low- and moderate-income housing units proposed are integrated throughout the 16 |
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| 393 | 393 | | development; are compatible in scale and architectural style to the market rate units within the 17 |
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| 394 | 394 | | project; and will be built and occupied prior to, or simultaneous with the construction and 18 |
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| 395 | 395 | | occupancy of any market rate units. 19 |
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| 396 | 396 | | (D) There will be no significant negative environmental impacts from the proposed 20 |
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| 397 | 397 | | development as shown on the final plan, with all required conditions for approval. 21 |
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| 398 | 398 | | (E) There will be no significant negative impacts on the health and safety of current or 22 |
|---|
| 399 | 399 | | future residents of the community, in areas including, but not limited to, safe circulation of 23 |
|---|
| 400 | 400 | | pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability 24 |
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| 401 | 401 | | of potable water, adequate surface water run-off, and the preservation of natural, historical, or 25 |
|---|
| 402 | 402 | | cultural features that contribute to the attractiveness of the community. 26 |
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| 403 | 403 | | (F) All proposed land developments and all subdivisions lots will have adequate and 27 |
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| 404 | 404 | | permanent physical access to a public street in accordance with the requirements of § 45-23-60(5). 28 |
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| 405 | 405 | | (G) The proposed development will not result in the creation of individual lots with any 29 |
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| 406 | 406 | | physical constraints to development that building on those lots according to pertinent regulations 30 |
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| 407 | 407 | | and building standards would be impracticable, unless created only as permanent open space or 31 |
|---|
| 408 | 408 | | permanently reserved for a public purpose on the approved, recorded plans. 32 |
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| 409 | 409 | | (H) For purposes of estimating housing needs, each municipality shall use population 33 |
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| 410 | 410 | | projections generated by the United States Census Bureau and shall consider and adopt findings 34 |
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| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC000697 - Page 12 of 16 |
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| 414 | 414 | | related to changes in each of the following factors since their last comprehensive plan as 1 |
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| 415 | 415 | | promulgated pursuant to chapter 22.2 of title 45: 2 |
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| 416 | 416 | | (I) Household sizes; 3 |
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| 417 | 417 | | (II) Household demographics including age, gender, race, or other established 4 |
|---|
| 418 | 418 | | demographic category; 5 |
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| 419 | 419 | | (III) Household income; 6 |
|---|
| 420 | 420 | | (IV) Vacancy rates; 7 |
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| 421 | 421 | | (V) Housing costs. 8 |
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| 422 | 422 | | (vi) The local review board has the same power to issue permits or approvals that any local 9 |
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| 423 | 423 | | board or official who would otherwise act with respect to the application, including, but not limited 10 |
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| 424 | 424 | | to, the power to attach to the permit or approval, conditions, and requirements with respect to 11 |
|---|
| 425 | 425 | | height, site plan, size or shape, or building materials, as are consistent with the terms of this section. 12 |
|---|
| 426 | 426 | | (vii) In reviewing the comprehensive permit request, the local review board may deny the 13 |
|---|
| 427 | 427 | | request for any of the following reasons: (A) If the city or town has an approved affordable housing 14 |
|---|
| 428 | 428 | | plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing 15 |
|---|
| 429 | 429 | | plan; provided that, the local review board also finds that the municipality has made significant 16 |
|---|
| 430 | 430 | | progress in implementing that housing plan; (B) The proposal is not consistent with local needs, 17 |
|---|
| 431 | 431 | | including, but not limited to, the needs identified in an approved comprehensive plan, and/or local 18 |
|---|
| 432 | 432 | | zoning ordinances and procedures promulgated in conformance with the comprehensive plan; (C) 19 |
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| 433 | 433 | | The proposal is not in conformance with the comprehensive plan; (D) The community has met or 20 |
|---|
| 434 | 434 | | has plans to meet the goal of ten percent (10%) of the year-round units or, in the case of an urban 21 |
|---|
| 435 | 435 | | town or city, fifteen percent (15%) of the occupied rental housing units as defined in § 45-53-3(4)(i) 22 |
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| 436 | 436 | | being low- and moderate-income housing; provided that, the local review board also finds that the 23 |
|---|
| 437 | 437 | | community has achieved or has made significant progress towards meeting the goals required by 24 |
|---|
| 438 | 438 | | this section; or (E) Concerns for the environment and the health and safety of current residents have 25 |
|---|
| 439 | 439 | | not been adequately addressed. 26 |
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| 440 | 440 | | (viii) All local review board decisions on comprehensive permits shall be by majority vote 27 |
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| 441 | 441 | | of the members present at the proceeding; provided that, there is at least a quorum of the local 28 |
|---|
| 442 | 442 | | review board present and voting at the proceeding, and may be appealed by the applicant to the 29 |
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| 443 | 443 | | state housing appeals board. 30 |
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| 444 | 444 | | (ix) If the public hearing is not convened or a decision is not rendered within the time 31 |
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| 445 | 445 | | allowed in subsections (a)(4)(iii) and (iv), the application is deemed to have been allowed and the 32 |
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| 446 | 446 | | relevant approval shall issue immediately; provided, however, that this provision shall not apply to 33 |
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| 447 | 447 | | any application remanded for hearing in any town where more than one application has been 34 |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LC000697 - Page 13 of 16 |
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| 451 | 451 | | remanded for hearing provided for in § 45-53-6(f)(2). 1 |
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| 452 | 452 | | (x) Any person aggrieved by the issuance of an approval may appeal to the superior court 2 |
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| 453 | 453 | | within twenty (20) days of the issuance of approval. 3 |
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| 454 | 454 | | (xi) A comprehensive permit shall expire unless construction is started within twelve (12) 4 |
|---|
| 455 | 455 | | months and completed within sixty (60) months of final plan approval unless a longer and/or phased 5 |
|---|
| 456 | 456 | | period for development is agreed to by the local review board and the applicant. Low- and 6 |
|---|
| 457 | 457 | | moderate-income housing units shall be built and occupied prior to, or simultaneous with the 7 |
|---|
| 458 | 458 | | construction and occupancy of market rate units. 8 |
|---|
| 459 | 459 | | (xii) A town with an approved affordable housing plan and that is meeting local housing 9 |
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| 460 | 460 | | needs may by council action limit the annual total number of dwelling units in comprehensive 10 |
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| 461 | 461 | | permit applications from for-profit developers to an aggregate of one percent (1%) of the total 11 |
|---|
| 462 | 462 | | number of year-round housing units in the town, as recognized in the affordable housing plan and 12 |
|---|
| 463 | 463 | | notwithstanding the timetables set forth elsewhere in this section, the local review board shall have 13 |
|---|
| 464 | 464 | | the authority to consider comprehensive permit applications from for-profit developers, which are 14 |
|---|
| 465 | 465 | | made pursuant to this paragraph, sequentially in the order in which they are submitted. 15 |
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| 466 | 466 | | (xiii) The local review board of a town with an approved affordable housing plan shall 16 |
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| 467 | 467 | | report the status of implementation to the housing resources commission, including the disposition 17 |
|---|
| 468 | 468 | | of any applications made under the plan, as of June 30, 2006, by September 1, 2006, and for each 18 |
|---|
| 469 | 469 | | June 30 thereafter by September 1 through 2010. The housing resources commission shall prepare 19 |
|---|
| 470 | 470 | | by October 15 and adopt by December 31, a report on the status of implementation, which shall be 20 |
|---|
| 471 | 471 | | submitted to the governor, the speaker, the president of the senate, and the chairperson of the state 21 |
|---|
| 472 | 472 | | housing appeals board, and shall find which towns are not in compliance with implementation 22 |
|---|
| 473 | 473 | | requirements. 23 |
|---|
| 474 | 474 | | (xiv) Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to 24 |
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| 475 | 475 | | commence hearings within thirty (30) days of receiving an application remanded by the state 25 |
|---|
| 476 | 476 | | housing appeals board pursuant to § 45-53-6(f)(2) shall be heard as herein provided; in any town 26 |
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| 477 | 477 | | with more than one remanded application, applications may be scheduled for hearing in the order 27 |
|---|
| 478 | 478 | | in which they were received, and may be taken up sequentially, with the thirty-day (30) requirement 28 |
|---|
| 479 | 479 | | for the initiation of hearings, commencing upon the decision of the earlier filed application. 29 |
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| 480 | 480 | | (b)(1) The general assembly finds and declares that in January 2004 towns throughout 30 |
|---|
| 481 | 481 | | Rhode Island have been confronted by an unprecedented volume and complexity of development 31 |
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| 482 | 482 | | applications as a result of private for-profit developers using the provisions of this chapter and that 32 |
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| 483 | 483 | | in order to protect the public health and welfare in communities and to provide sufficient time to 33 |
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| 484 | 484 | | establish a reasonable and orderly process for the consideration of applications made under the 34 |
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| 485 | 485 | | |
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| 486 | 486 | | |
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| 487 | 487 | | LC000697 - Page 14 of 16 |
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| 488 | 488 | | provisions of this chapter, and to have communities prepare plans to meet low- and moderate-1 |
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| 489 | 489 | | income housing goals, that it is necessary to impose a moratorium on the use of comprehensive 2 |
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| 490 | 490 | | permit applications as herein provided by private for-profit developers; a moratorium is hereby 3 |
|---|
| 491 | 491 | | imposed on the use of the provisions of this chapter by private for-profit developers, which 4 |
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| 492 | 492 | | moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited 5 |
|---|
| 493 | 493 | | prior to expiration and extended to such other date as may be established by law. Notwithstanding 6 |
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| 494 | 494 | | the provisions of subsection (a) of this section, private for-profit developers may not utilize the 7 |
|---|
| 495 | 495 | | procedure of this chapter until the expiration of the moratorium. 8 |
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| 496 | 496 | | (2) No for-profit developer shall submit a new application for comprehensive permits until 9 |
|---|
| 497 | 497 | | July 1, 2005, except by mutual agreement with the local review board. 10 |
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| 498 | 498 | | (3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review 11 |
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| 499 | 499 | | board in a town which has submitted a plan in accordance with subsection (c) of this section, shall 12 |
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| 500 | 500 | | not be required to accept an application for a new comprehensive permit from a for-profit developer 13 |
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| 501 | 501 | | until October 1, 2005. 14 |
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| 502 | 502 | | (c) Towns and cities that are not in conformity with the provisions of § 45-53-3(4)(i) shall 15 |
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| 503 | 503 | | prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-16 |
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| 504 | 504 | | income housing as specified by § 45-53-3(4)(ii), consistent with applicable law and regulation. 17 |
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| 505 | 505 | | That the secretary of the planning board or commission of each city or town subject to the 18 |
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| 506 | 506 | | requirements of this paragraph shall report in writing the status of the preparation of the housing 19 |
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| 507 | 507 | | element for low- and moderate-income housing on or before June 30, 2004, and on or before 20 |
|---|
| 508 | 508 | | December 31, 2004, to the secretary of the state planning council, to the chair of the house 21 |
|---|
| 509 | 509 | | committee on corporations and to the chair of the senate committee on commerce, housing and 22 |
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| 510 | 510 | | municipal government. The state housing appeals board shall use said plan elements in making 23 |
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| 511 | 511 | | determinations provided for in § 45-53-6(c)(2). 24 |
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| 512 | 512 | | (d) If any provision of this section or the application thereof shall for any reason be judged 25 |
|---|
| 513 | 513 | | invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any 26 |
|---|
| 514 | 514 | | other provision of this chapter, but shall be confined in its effect to the provision or application 27 |
|---|
| 515 | 515 | | directly involved in the controversy giving rise to the judgment, and a moratorium on the 28 |
|---|
| 516 | 516 | | applications of for-profit developers pursuant to this chapter shall remain and continue to be in 29 |
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| 517 | 517 | | effect for the period commencing on the day this section becomes law [February 13, 2004] and 30 |
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| 518 | 518 | | continue until it shall expire on January 31, 2005, or until amended further. 31 |
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| 519 | 519 | | (e) In planning for, awarding, and otherwise administering programs and funds for housing 32 |
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| 520 | 520 | | and for community development, state departments, agencies, boards and commissions, and public 33 |
|---|
| 521 | 521 | | corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of 34 |
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| 522 | 522 | | |
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| 523 | 523 | | |
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| 524 | 524 | | LC000697 - Page 15 of 16 |
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| 525 | 525 | | § 45-53-3(ii), give priority to the maximum extent allowable by law to towns with an approved 1 |
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| 526 | 526 | | affordable housing plan. The director of administration shall adopt not later than January 31, 2005, 2 |
|---|
| 527 | 527 | | regulations to implement the provisions of this section. 3 |
|---|
| 528 | 528 | | (f) Multi-family rental units built under a comprehensive permit may be calculated towards 4 |
|---|
| 529 | 529 | | meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long 5 |
|---|
| 530 | 530 | | as the units meet and are in compliance with the provisions of § 45-53-3.1. 6 |
|---|
| 531 | 531 | | SECTION 4. Section 23-27.3-105.3 of the General Laws in Chapter 23-27.3 entitled "State 7 |
|---|
| 532 | 532 | | Building Code" is hereby amended to read as follows: 8 |
|---|
| 533 | 533 | | 23-27.3-105.3. Part change in use. 9 |
|---|
| 534 | 534 | | (a) If a portion of a building is changed in occupancy or to a new use group, and that portion 10 |
|---|
| 535 | 535 | | is separated from the remainder of the building with the required vertical and horizontal fire 11 |
|---|
| 536 | 536 | | division complying with the fire grading as provided by this code, then the construction involved 12 |
|---|
| 537 | 537 | | in the change shall be made to conform to the requirements of this code, or the requirements of the 13 |
|---|
| 538 | 538 | | rehabilitation building and fire code for existing buildings and structures as applicable for the new 14 |
|---|
| 539 | 539 | | use and occupancy, and the existing portion shall be made to comply with the exitway requirements 15 |
|---|
| 540 | 540 | | of this code. 16 |
|---|
| 541 | 541 | | (b) The state building code standards committee shall establish uniform standards for a 17 |
|---|
| 542 | 542 | | municipality to allow alternate approval of construction related to conversions of single-family 18 |
|---|
| 543 | 543 | | dwellings into no more than four (4) residential dwelling units that are no more than two (2) stories 19 |
|---|
| 544 | 544 | | in height and that received certificates of occupancy prior to January 1, 2023. 20 |
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| 545 | 545 | | (1) Any application submitted for alternate approval of construction related to conversions 21 |
|---|
| 546 | 546 | | shall be granted or denied by the local building official within fifteen (15) business days and if 22 |
|---|
| 547 | 547 | | denied, the local building official shall inform the applicant in writing of the reason or reasons for 23 |
|---|
| 548 | 548 | | the denial. 24 |
|---|
| 549 | 549 | | (2) Appeals from any denial shall be filed with the local zoning board of appeals within 25 |
|---|
| 550 | 550 | | twenty (20) calendar days. 26 |
|---|
| 551 | 551 | | SECTION 5. This act shall take effect upon passage. 27 |
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| 552 | 552 | | ======== |
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| 553 | 553 | | LC000697 |
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| 554 | 554 | | ======== |
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| 555 | 555 | | |
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| 556 | 556 | | |
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| 557 | 557 | | LC000697 - Page 16 of 16 |
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| 558 | 558 | | EXPLANATION |
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| 559 | 559 | | BY THE LEGISLATIVE COUNCIL |
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| 560 | 560 | | OF |
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| 561 | 561 | | A N A C T |
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| 562 | 562 | | RELATING TO TOWNS AND CITIES -- PROHIBITION OF SINGLE-FAMILY ZONING IN |
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| 563 | 563 | | URBAN GROWTH BOUNDAR IES ACT OF 2023 |
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| 564 | 564 | | *** |
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| 565 | 565 | | This act would require single-family residential zoning in municipalities with populations 1 |
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| 566 | 566 | | of over twenty-thousand (20,000) to allow middle housing and mandates that those municipalities 2 |
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| 567 | 567 | | adopt zoning regulations for middle housing. 3 |
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| 568 | 568 | | This act would take effect upon passage. 4 |
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| 569 | 569 | | ======== |
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| 570 | 570 | | LC000697 |
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| 571 | 571 | | ======== |
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| 572 | 572 | | |
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