III. LAS SUCURSALES EN EL DERECHO COMPARADO
3.2. En el Derecho Español
• Eco Zoning Pilot (proposed by TinyLifeNHV)
• Compact Living Pilot (in effect in the City of Boston)
• Permit Ready ADU Program
(adopted in the City of Encinitas)
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Eco Zoning Pilot
PILOT PARAMETERS
For Qualified Pilot Participants, the following Eco Zoning Regulations may be used in place of the regulations for Residential Zones RS-1, RS-2, RM-1, RM-2, RH-1, and RH-2 cited in the New Haven Zoning Ordinance.
This pilot shall expire on December 31, 2026.
At any time prior to the expiration of this pilot, the Board of Alders may vote to permanently incorporate these provisions into the New Haven Zoning Ordinance with appropriate additions and revisions.
I. PILOT REGULATIONS—RESIDENTIAL ZONES
APPLICABLE IN RESIDENTIAL ZONES RS-1, RS-2, RM-1, RM-2, RH-1, and RH-2
For an interactive zoning map, go to
nhgis.newhavenct.gov/arcgis/home/gallery and search “zoning.”
DEFINITIONS
Easement Agreement Agreement with the City of New Haven that runs with the land.
[Easement Agreement]
Eco Units Description
An Eco Unit is any private dwelling unit between 300 and 950 square feet that includes, at a minimum, one dedicated Efficiency Kitchen, one Full Bathroom for every two occupants, and sleeping quarters which comply with Paragraph 303(b), Floor area of sleeping rooms, of the New Haven Housing Code, New Haven Code of Ordinances, Title V, Article III, (cited here below).
Par. 303
(b) Floor area of sleeping rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes shall contain least seventy (70) square feet of usable floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) additional square feet of usable floor area for each additional occupant thereof.
All Eco Units must be constructed pursuant to the requirements set forth in Paragraphs 300 through 311 of Article III of the New Haven Housing Code.
Efficiency Kitchen An efficiency kitchen contains, at a minimum, a sink with a maximum waste line diameter of 1.5 inches, a cooking facility with appliances that neither require electrical service of more than 120 volts nor use natural or propane gas, and food preparation counter and storage cabinets. Kitchen specifications must comply with Paragraph 300(a) of the New Haven Housing Code.
Full Bathroom A Full Bathroom is at least 40sqft and consists of a toilet, shower, and sink with storage.
Full Kitchen A Full Kitchen contains a standard kitchen sink between 23 and 33 inches wide, a five-burner stove and oven range, and at least 360 square inches of aggregate of counter space.
Individual Occupant One human person over the age of 5 years = 1 individual Persons below the age of 5 years = .5 individual
Domesticated animals weighing more than 20 lbs = .5 individual Domesticated animals weighing less than 20 lbs = .25 individual Resident Eligibility In order to make use of these Regulations, an applicant must be
approved to participate in the Pilot Program by the [City Plan Department].
Applications to Participate in the Pilot Program must include:
(1) Name, Phone Number, Email Address
(2) [Proof of Residency or a certified Letter of Intent to purchase property in New Haven with the contact information of the seller]
(3) [Letters of Endorsement from members of the community speaking to Applicant’s character]
(4) [TBD]
Regulations for Bungalow Projects
Overview
• “Bungalow Projects” refer to
developments containing a maximum of two detached Eco Units on a single parcel.
Density
• 1-2 Dwelling Units (DU), each between 300 and 950 square feet in accordance with the definition of an Eco Unit.
Parking
• 1 parking space per DU.1 Height Limitation
• Structures may not exceed 25 feet in height.
Distance Between Structures
• The distance between structures must be greater than or equal to half the average aggregate structure height of all
structures in the project.
Occupancy
• 4 Individual Occupants.2 Lot Coverage
• Structures may cover no more than 60%
of the total lot area.
Setbacks
• Buildings shall be set back 10 feet from each lot line OR by an average of 28 feet, provided that no exterior wall shall be closer than 10 feet away from a public sidewalk or 8 feet away from an abutting building.
Uses
• DUs may be used as habitable dwellings and live/work studios
• Retail/Commercial Uses are not
permitted except by Special Permission from the City Plan Commission.
Site Plan Review
• Bungalow Projects DO NOT need to go through the formal Site Plan Review process, unless claiming Bonuses.
• All projects claiming Bonuses must go through Site Plan Review.
Peer Review
• In order to make use of these Regulations, an applicant must be eligible to participate in this Pilot Program (see “Resident Eligibility” in Definitions).
• Prior to project sign-off, an applicant must collect and present to the Deputy Director of Zoning a total of three Letters of Endorsement from residents and neighbors living full-time within a one-tenth mile (.1 mile) radius of the project site. At least one of these letters must come from a resident or property owner living in an abutting property.
• Good faith attempts to contact abutting property owners shall constitute a Letter of Endorsement from that property owner.
1 Parking Requirement Subject to reduction with qualified use of Bonuses.
2 Max. Occupancy Up to 6 Individual Occupants with qualified use of Bonuses.
Regulations for Eco Village Projects
Overview
• “Eco Villages Projects” refer to developments containing multiple Eco Units on a single parcel.
Density
• 2-6 Dwelling Units (DU), each between 300 and 950 square feet in accordance with the definition of an Eco Unit.
Parking
• 1 parking space per DU.1 Height Limitation
• Structure heights may not exceed 35 feet.2
Distance Between Structures
• The distance between structures must be greater than or equal to half the average aggregate structure height of all structures in the project.
Occupancy
• 12 Individual Occupants.3 Lot Coverage
• Structures may cover no more than 50% of the total lot area.
Setbacks
• Buildings shall be set back 10 feet from each lot line OR by an average of 32 feet, provided that no exterior wall shall be closer than 10 feet away from a public sidewalk or 8 feet away from an abutting building.
Uses
• DUs may be used as habitable dwellings and live/work studios.
• Retail/Commercial Uses are not permitted except by Special Permission from the City Plan Commission.
Site Plan Review
• Projects planned for fewer than 3 DUs or 6 Individual Occupants need not go through Site Plan Review, unless claiming Bonuses.
• Projects planned for more than 3 DUs or 6 Individual Occupants must go through Site Plan Review.
• All projects claiming Bonuses must go through Site Plan Review.
Peer Review
• In order to make use of these
Regulations, an applicant must be eligible to participate in this Pilot Program (see
“Resident Eligibility” in Definitions).
• Prior to project sign-off an applicant must collect and present to the Deputy Director of Zoning a total of seven Letters of Endorsement from residents and
neighbors living full-time within a half mile (.5-mile) radius of the project site. At least one of these letters must come from a resident or property owner living within 100-feet of the project site.
1 Parking Requirement Subject to reduction with qualified use of Bonuses.
2 Max. Height Up to 45 feet with qualified use of Bonuses.
3 Max. Occupancy Up to 16 Individual Occupants with qualified use of Bonuses.
II. PILOT REGULATIONS—INDUSTRIAL ZONES APPLICABLE IN INDUSTRIAL ZONES
IH AND IL
Regulations for Housing on Wheels
Housing on Wheels—
(a) The use of mobile residences on wheels as Eco Unit Dwelling Units is permitted by Special Permit in zones IH and IL.
(b) Projects hosting the use of mobile residences as Eco Unit Dwelling Units shall—
(1) Ensure that all mobile residences are RVIA-certified;1
(2) Maintain adequate sewer, water, and electric hookups for at least 4 and no more than fifteen 15 mobile residences;
(3) Maintain landscaping, paving, and fencing in satisfaction of Eco Design Guidelines;2 (4) Provide and maintain one Full Bathroom
facility for every two mobile residence hookups;
(5) Provide one parking space for every mobile residence hookup.
(c) Environmental Due Diligence. It is the responsibility of project developer to conduct due diligence as to the environmental quality of project sites. All projects planning to use these Regulations must provide verifiable evidence that the parcel is environmentally fit for human habitation3.
(d) Property Maintenance. It is the
responsibility of the property owner to ensure that the project site is maintained in accordance with the Eco Design
Guidelines. Failure to maintain the project site will entitle the City to rescind Special Exception permissions and may result in forcible termination of rental business operations. 4
Site Plan Review
• Projects intending to use mobile residences on wheels as Eco Unit Dwellings must go through the formal Site Plan Review process.
1 RVIA-Certified All mobile residences that park in projects designed under these Regulations must comply with the safety and quality standards set forth my the RV Industry Association.
https://www.rvia.org/standards-regulations
2 Eco Design Guidelines Spacing
Mobile residences must be separated by a minimum of ten feet in every direction.
Common Open Space
• Projects must provide a minimum of 1,000 sf of common open space accessible to all residents.
• No dimension of common open space area used to satisfy the minimum square footage requirement may be less than 20 feet, unless part of a pathway or trail.
• Required common space may be divided into no more than two separate areas.
• Mobile residences must be oriented to face one another across open spaces.
• Common open space is designed for passive or active recreational use.
Examples include, but are not limited to, courtyards, lawns, gardens, and landscaped picnic areas. Common open space must include landscaping elements and at least one of the following: picnic seating, gazebos, and outdoor cooking facilities.
• Landscaping should consist of plantings and pervious surfaces to the greatest extent possible, while accommodating pedestrian access to homes and parking areas
Community Amenity Space
• With the approval of the City Plan Commission, 25% of the required common open space may be substituted with a community building with recreational/social amenities such washer/dryer facilities, a communal kitchen, and a living room with wireless Internet connection.
• All residents must have access to community buildings.
3 Verifiable Evidence may come from the Connecticut Department of Energy and Environmental Protection (DEEP) or from a certified environmental consulting firm approved by the City Plan Department.