The bill amends Section 45-24-33 of the General Laws regarding zoning ordinances, mandating that municipalities shall 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 permitted uses, including multifamily dwellings and mixed-use developments. It allows cities and towns to establish performance standards for developments within these districts, including a minimum building height of at least three stories, a floor area ratio of no less than one, and residential density of not less than one dwelling unit per 1,200 square feet of lot area. Additionally, it stipulates that no more than one off-street parking space per dwelling unit is required, which may be provided off-site through a shared parking arrangement.

The legislation also allows cities and towns to require that the ground floor of a multifamily development within a mixed-use overlay district be reserved for commercial use or be convertible to commercial use by meeting specified design criteria. Furthermore, it states 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 pre-dated the ownership or tenancy of the claimant at a property. The act will take effect upon passage.

Statutes affected:
5958: 45-24-33