The bill amends Section 45-24-33 of the General Laws regarding zoning ordinances, mandating that municipalities include specific provisions that authorize development incentives aimed at increasing development density and dimensional flexibility. Key insertions require zoning ordinances to include special provisions for mixed-use overlay districts, which must cover at least 30% of commercial zoning use districts. These districts are designed to promote complementary land uses that facilitate both housing and economic development.

The bill introduces a new section, 45-24-78, which defines mixed-use overlay districts and specifies the permitted uses and performance standards for developments within these districts. Permitted uses in a mixed-use overlay district include multifamily dwellings and mixed-use developments where residential units are part of the development. The performance standards established for these districts include a minimum building height of three stories (up to 40 feet), a floor area ratio of no less than one, a residential density of at least one dwelling unit per 1,200 square feet of lot area, and provisions for off-street parking that may be provided off-site through shared arrangements.

Additionally, the bill allows cities and towns to require that the ground floor of multifamily developments within mixed-use overlay districts be reserved for commercial use or be convertible to commercial use based on specified design criteria. It also includes a provision stating that no person shall have a valid claim for private nuisance in a mixed-use overlay district if the conditions giving rise to the claim predated the ownership or tenancy of the claimant at a property. Overall, the act aims to enhance zoning regulations to support more flexible and integrated land use planning, promoting both residential and commercial growth.

Statutes affected:
5958: 45-24-33