§ 405. Affordable Housing

A. Density Incentives. In order to promote the creation of suitable, sustainable affordable housing units in all zones by balancing the need for such housing with concerns for the environment, the carrying capacity of land, and the health, safety and welfare of current and future residents, the following provisions shall apply to all special use permits sought for such:

1. Advisory Recommendation By Block Island Housing Board. Before action is taken by the Zoning Board on any application for a special use permit for affordable housing, the application shall be submitted to the Block Island Housing Board for review and recommendation.

2. Except as provided in Subsection 3 below, the Residential Density required in any zoning district(s) may be increased by the Zoning Board of Review by up to one hundred (100%) percent to accommodate the construction of Affordable Housing Units. The Dimensional Standards and parking requirements of the zoning district may also be modified by the Zoning Board of Review to accommodate the construction of proposed Affordable Housing units.

3. In order to facilitate the creation of Affordable Housing Units needed to satisfy current and near term needs, the Zoning Board of Review may increase the Residential Density required in any Zoning district(s) by more than one hundred (100%) percent in the following instances:

a. Residential Density may be increased so as to allow a maximum of four (4) multi-family attached affordable rental housing units under the same ownership. Except for one owner-occupied unit, each such rental unit shall be no greater than 800 square feet of habitable space for a one-bedroom unit and 1200 square feet of habitable space for a two-bedroom unit. The proposal must also satisfy each Performance Standard in Section B;

b. The affordable housing units for which a density bonus is granted, are less in number than the number of units in said Zoning District (and in any more restrictive Zoning District) upon which development is not likely to occur based on a documented, permanent conveyance of such development rights to the Block Island Housing Board. Each proposal under this Subsection must also satisfy each Performance Standard in Section B; or

c. The proposal is sponsored by the Block Island Housing Board or another not-for-profit housing entity and satisfies each of the Performance Standards in Section B.

d. The provisions of this Section 405(A)(3) shall automatically expire upon the first to occur of (1) December 31, 2010; or (2) as to rental units, when 30 affordable rental units have been created; as to home ownership, when 40 units of affordable home ownership have been created.

B. Performance Standards. In addition to compliance with the applicable general standards set forth in Section 501, a special use permit for affordable housing shall require a finding by the Zoning Board of Review that each of the following standards is satisfied by the proposal:

1. The housing conforms to the definition of affordable housing in Section 202(A)(8).

2. The proposal is environmentally sustainable in view of the carrying capacity of the land and the availability of utilities, and adequately addresses concerns regarding drainage, water quality, traffic, access and parking, as applicable.

3. The project is compatible with neighboring land uses, or has been designed to mitigate the impacts of any necessary incompatibilities.

4. The affordable housing units have been duly deed-restricted so as to remain permanently affordable to the extent permitted by applicable law, but in no event less than ninety-nine (99) years, including a suitable mechanism for monitoring the long term affordability of the units.

5. The sponsoring person or entity has the qualifications, resources and due capability to complete the project and to duly arrange for its financing and construction.

6. No affordable housing complex shall exceed twenty (20) units.

7. Nothing herein shall be deemed to exclude any otherwise required approvals by the Planning Board under the Land Development and Subdivision Regulations.

C. Affordable Accessory Apartments. Affordable Accessory Apartments shall be governed as set forth in Section 513B.

(Entire Section Amended September 27, 2006)