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 provisions 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 support both housing and economic development.

The bill stipulates that if a city or town fails to implement these mixed-use overlay districts, certain uses, as defined in Section 45-24-78(b), will be permitted by right in any commercial zoning use district where retail, hotel/motel, office, medical or dental office, or personal service establishments are allowed.

Additionally, the bill introduces new standards for development within mixed-use overlay districts, including a minimum building height of at least three stories (up to 40 feet), a floor area ratio of no less than one, and a residential density of not less than one dwelling unit per 1,200 square feet of lot area. It allows for dwelling units of any size and permits no more than one off-street parking space per dwelling unit, which may be provided off-site through a shared parking arrangement.

The bill also allows cities or towns to require that the ground floor of multifamily developments within a mixed-use overlay district be reserved for commercial use or be convertible to commercial use by meeting specified design criteria. Furthermore, it establishes 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.

The act is set to take effect upon passage, emphasizing the need for municipalities to adapt their zoning ordinances to align with these new requirements.

Statutes affected:
708: 45-24-33