Sec. 8-13n. Requirements for incentive housing zones.
Sec. 8-13n. Requirements for incentive housing zones. (a) Notwithstanding the
provisions of a charter or special act, a zoning commission may adopt, as part of the
zoning regulations adopted under section 8-2 or any special act, regulations establishing
an incentive housing zone in accordance with the provisions of sections 8-13m to 8-13x, inclusive.
(b) An incentive housing zone shall satisfy the following requirements:
(1) The zone shall be consistent with the state plan of conservation and development
and be located in an eligible location.
(2) The regulations of the zone shall permit, as of right, incentive housing development.
(3) The minimum allowable density for incentive housing development, per acre
of developable land, shall be: (A) Six units per acre for single-family detached housing;
(B) ten units per acre for duplex or townhouse housing; and (C) twenty units per acre
for multifamily housing, provided that a municipality whose population as determined
by the most recent federal decennial census is less than five thousand, when applying
to the secretary for a letter of eligibility under section 8-13q, may request approval of
minimum as of right densities of not less than four units per acre for single-family
detached housing, not less than six units per acre for duplex or townhouse housing, and
not less than ten units per acre for multifamily housing. In making such request, the
municipality shall provide the Secretary of the Office of Policy and Management with
evidence of sewage disposal, water supply, traffic safety or other existing, substantial
infrastructure limitations that prevent adoption of the minimum densities set forth in
this subdivision. If the proposed incentive housing zone otherwise satisfies the requirements of this section, the secretary may issue the requested letter of eligibility. A municipality may request a waiver of the density requirements of this subdivision and the
secretary may grant a waiver if the municipality demonstrates in the application that
the land to be zoned for incentive housing development is owned or controlled by the
municipality itself, an agency thereof, or a land trust, housing trust fund or a nonprofit
housing agency or corporation. The proposed incentive housing zone regulation shall
require, in an enforceable manner, that one hundred per cent of the proposed residential
units will be subject to an incentive housing restriction, and the proposed incentive
housing zone will otherwise satisfy the requirements of this section.
(4) In order to qualify for financial incentive payments set forth in section 8-13s, the
regulations of an incentive housing zone concerning the minimum as of right densities set
forth in subdivision (3) of this subsection shall constitute an increase of at least twenty-five per cent above the density allowed by the underlying zone, notwithstanding the
provisions of said section 8-13s with regard to zone adoption and building permit payments.
(5) The minimum densities prescribed in subdivision (3) of this subsection shall be
subject only to site plan or subdivision procedures, submission requirements and approval standards of the municipality, and shall not be subject to special permit or special
exception procedures, requirements or standards.
(6) An incentive housing zone may consist of one or more subzones, provided each
subzone and the zone as a whole comply with the requirements of sections 8-13m to 8-13x, inclusive.
(7) The land area of an incentive housing zone shall not exceed ten per cent of the
total land area in the municipality. The aggregate land area of all incentive housing
zones and subzones in a municipality shall not exceed twenty-five per cent of the total
land area in the municipality.
(c) A zoning commission may modify, waive or delete dimensional standards contained in the zone or zones that underlie an incentive housing zone in order to support
the minimum or desired densities, mix of uses or physical compatibility in the incentive
housing zone. Standards subject to modification, waiver or deletion include, but shall
not be limited to, building height, setbacks, lot coverage, parking ratios and road design
standards.
(d) If a zoning commission adopts a regulation for an incentive housing zone that
permits single-family detached homes on subdivided lots, requiring subdivision approval under the subdivision regulations of the municipality, the zoning commission
shall make a written finding that the applicability of such subdivision regulations will
not unreasonably impair the economic or physical feasibility of constructing housing
at the minimum densities and subject to an incentive housing restriction as required in
sections 8-13m to 8-13x, inclusive. If housing on subdivided lots is proposed in an
incentive housing zone, the zoning commission shall use its best efforts to adopt or
encourage the planning commission to adopt subdivision standards that will ensure
consistency of the single-family detached housing with the purposes of sections 8-13m
to 8-13x, inclusive.
(e) The regulations of an incentive housing zone may allow for a mix of business,
commercial or other nonresidential uses within a single zone or for the separation of
such uses into one or more subzones, provided that the zone as a whole shall comply
with the requirements of sections 8-13m to 8-13x, inclusive, and that such uses shall be
consistent with as-of-right residential uses and densities required under this section.
(f) An incentive housing zone may overlay all or any part of an existing historic
district or districts, and a municipality may establish an historic district within an approved incentive housing zone, provided, if the requirements or regulations of such
historic district render the approved housing incentive zone not in compliance with the
provisions of sections 8-13m to 8-13x, inclusive, the secretary shall deny a preliminary
or final letter of eligibility, deny or revoke a certificate of compliance, or deny any
financial incentive payments set forth in section 8-13s.
(g) An applicant for site plan or subdivision approval to construct an incentive housing development within an approved zone may, through an incentive housing restriction,
exceed the minimum requirements for such a development as follows: (1) More than
twenty per cent of the total proposed dwelling units may be subject to the restriction;
(2) the maximum annual income of qualifying households may be less than eighty per
cent of the area median income; or (3) the duration of the restriction may be longer than
thirty years. An application for approval of an incentive housing development may not
be denied on the basis that the proposed incentive housing restriction contains one or
more of the provisions set forth in this subsection.
(h) The provisions of this section shall not be construed to affect the power of a
zoning commission to adopt or amend regulations under chapter 124 or any special act.
(June Sp. Sess. P.A. 07-4, S. 39.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007.