DRAFT: TinyLifeNHV + City Plan DepartmentProposal to BOA

Purpose Identify sections of the New Haven Code of Ordinances which can be amended temporarily to pilot city programs that(1) enable the development of small Eco Units as standalone structures,(2) enable the development of Eco Villages,(3) encourage local residents to purchase and develop nonconforming “sliver” lots owned by the City into Eco Villages,(4) enable resident homeowners to responsible construct and rent accessory dwelling units on their properties.

Motivation In response to the city’s housing crisis, and to the Affordable Housing Taskforce’s recommendations, TinyLifeNHV and the City Plan Department spoke to residents all over the city to gauge the public’s interest in the idea of using compact housing products, accessory dwelling units, and other minor zoning changes, in addition to larger city-wide strategies, to spur the development of alternative affordable housing options.

Over the course of the last two months, TinyLifeNHV and the City Plan Department conducted seven community meetings, collected 109 responses and counting to a detailed survey, and heard feedback from dozens of interested parties who contacted us through our website email address. The following proposals reflect their ideas.

Pilot Parameters

With respect ONLY to development projects developing compact housing products, as defined and regulated in the Definitions section below, the following proposed zoning provisions would override provisions of the Zoning Ordinance stating the contrary until December 31, 2026.

At or prior to the expiration of this pilot, the Board of Alders may vote to permanently incorporate these provisions into the New Haven Zoning Ordinance, subject to revisions by the Board.

FLOATING FORM-BASED ZONE APPLICABLE IN RESIDENTIAL ZONESRS-1, RS-2, RM-1, RM2, RH-1, RH-2

DEFINITIONS

Eco Units Description

An Eco Unit is any private dwelling unit between 300 and 950 square feet that includes, at a minimum, a 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 ever 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.

Eco Units may be developed (1) as standalone, unstacked single bungalows, (2) within the context of multiunit developments (“Eco Villages”), or (3) as accessories dwellings subordinate to principal residences (“Eco Units Added to Principal Residences”).

Ownership Requirements

Eco-Units constructed or converted between ___ 2020 and December 31, 2026 must be controlled by ONE owner who must have been the original applicant for building permits. All owners of new Eco Unit developments must reside in the City of New Haven. Owners of Eco Units who plan to rent units must register as natural persons with the Residential Rental Business License Program. Although title to properties featuring Eco Units may be held by Corporations or Limited Liability Companies, if and when Eco Units are rented out, the landlords and/or property managers of said rental units must register for Residential Rental Business Licenses as natural persons AND must provide evidence that they, as natural persons, reside in the City of New Haven.

Eco Units may not be sold or conveyed throughout the duration of this pilot program.

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 individualPersons below the age of 5 years = .5 individualDomesticated animals weighing more than 20 lbs = .5 individualDomesticated animals weighing less than 20 lbs = .25 individual

Project Form Regulations

Bungalow Eco Units Lot Requirements for the construction of 1-2 Bungalow Eco Units designed as standalone, unstacked single family structures.

Minimum Lot Area Per Eco Unit. The minimum lot area per Eco Unit shall be 150% of the floor area of that Eco Unit;

Maximum lot coverage: Total building coverage may not exceed 50% of the total lot area,

Minimum Yards. Buildings shall be setback 8 ft from each lot line OR by an average of 18 ft, provided that no frontage shall be closer than 8 ft away from either a public sidewalk or an abutting property.

Minimum Distance Between Buildings. Distance between buildings on the same lot must maintain a minimum distance of one foot for every one foot of average building height.

Parking. Each Eco Unit must have one off-street parking spot. This requirement may not be waived by either the Green or Affordable Bonuses set forth below.

Administration Projects consisting of 1-2 unstacked Bungalow Eco Units need

not go through Site Plan Review. All applications to the Building Department for the construction

of 1-2 unstacked Bungalow Eco Units MUST include three (3) letters of endorsements from residents within .1-mile radius of the parcel and at least one (1) letter of endorsement from

property owners of either of the abutting properties. Good faith attempts to contact abutting property owners by certified mail shall constitute letters of de-facto endorsement.

Eco Village A multi-unit development on a single parcel consisting of between two and six total Eco Units for no more than 12 total individual occupants, whichever the lesser.

Eco Units in an Eco Village must comply with the space requirements established for Eco Units in the definition above.

Typology examples of allowable Eco Villages include, but are not limited to, (a) multiple detached bungalows, (b) rowhouses consisting of stacked Eco Units, (c) multi-floor townhouses, and (d) live/work mixed-use buildings.

Eco Units in an Eco Village may be standalone structures or stacked, provided that no stacked structure contains more than 2.5 floors OR rise more than 35 feet in height, whichever the shorter, subject however to the Affordability Bonus. Stairways must comply with the CT State Building Code.

Eco Villages must provide one unit of parking for each occupant or for each Eco Unit, whichever number is greater, subject however to the Green Bonus.

Lot Requirements for Eco Villages(The following regulations apply ONLY to Eco Villages consisting of between 2-6 Eco Units built within the context of Eco Villages.)

Minimum Lot Area Per Building. The minimum lot area per building structure shall be the greater of 150% of the floor area of that building structure, or 75% of the average height of all buildings;

Maximum lot coverage: Total building coverage may not exceed 50% of the total lot area,

Minimum Yards. Buildings shall be set back by 8 ft from each lot line OR by an average of 18 ft, provided that no exterior wall shall be closer than 5 ft away from either a public sidewalk or an abutting property line.

Minimum Distance Between Buildings. Distance between buildings on the same lot must maintain a minimum distance of .5 ft for every 1ft of average building height.

Community Space Requirements for Eco Villages

Amenity Room: One common amenity room totaling at least 500 sqft must be constructed and provided for every six individual occupants. Amenity rooms must be located in a commonly-accessible area for use and enjoyment by all residents of the Eco Village AND must include, at a minimum,

(1) one standard full-size washing machine, (2) one standard full-size drying machine, (3) a full kitchen, and (4) at least two items from the following list, (i) a lounge with a 3+ seat sofa, (ii) a large 8+ seat dining table, (iii) WiFi, (iv) fitness studio space.

Common Open Space:o A minimum of either 150sqft of common open space per

Eco Unit or 20% of the total lot area shall be dedicated to common open space designed for passive or active recreation, whichever the greater.

o Common Open space should consist of plantings, pervious surfaces, and communal outdoor furnishings to the extent possible, while accommodating pedestrian access to homes and parking spaces.

o Stormwater management facilities such as bioswales may be incorporated below common open spaces but may not be located on the surface of a common open space area.

o All individual occupants must have access to the common open space.

o Commonly-accessible greenhouses and gazebos may be used to contribute to the minimum Common Open Space requirements.

Parking. Either each Eco Unit must be assigned one off-street parking spot OR each individual occupant must be assigned .5 parking spots, whichever the greater, subject however to the Green Bonus. Bike racks may not contribute to the parking requirement, however, they may contribute to the Common Open Space Requirement.

Walkways. Walkways between buildings and parking must be paved, or made with a wheelchair accessible pervious material. In the event that pervious material is used, stormwater management facilities may be incorporated underneath walkways, provided that incorporating them maintains the walkability and accessibility of walkways. Stormwater management facilities incorporated underneath walkways may be used to offset the common open space requirement by no more than half of the amount of square footage required by the above regulations.

Trash Facilities. A trash facility containing rubbish disposal bins and recycling centers must be maintained on the premises. Eco Village developers and/or property managers may overlay community-specific rules on trash disposal processes, but trash facilities must always be maintained.

Street Frontage. In the case of development of Eco Villages of any size, frontage abutting public sidewalks must feature plantings or planter boxes no less than 1.5’ deep spanning at

least 35% of the frontage width. Stormwater management facilities may be incorporated underneath these plantings, but must be covered by planted vegetation.

Administration Projects planned for the lesser of three (3) Eco Units or six (6)

individual occupants need not go through Site Plan Review. Projects planned for the lesser of four (4) Eco Units or seven (7)

individual occupants MUST go through Site Plan Review. Any project planning to make use of the Green Bonus MUST go

through Site Plan Review. All applications to the Building Department for the construction

of Eco Village Projects MUST include at least seven (7) letters of endorsement from residents within a .5-mile radius of the parcel, one of which must come from a resident who lives within 100-feet of the parcel.

Eco Units Added to Principal Residences

Eco Units may be added to principal residences as accessory dwelling units. These units may be detached from principal residences (Detached Eco Units), or either carved into principal residences or built contiguous with principal residences (Attached Eco Units)

In the case of both Detached and Attached Eco Units— Principal Residences must be owner-occupied. Principal Residences may create a maximum of one Detached

Eco Unit and one Attached Unit. Principal Residence owners who create either Detached or

Attached Eco Units must register with the Residential Rental Business License Program, must renew their rental licenses annually, and must disclose lease agreements to the Residential Rental License Program administrators at the start and end of each tenancy. Failure to comply with this requirement will result in the revocation of any previously-issued Certificate of Occupancy.

Neither Detached nor Attached Eco Units may be sold or conveyed separately from the Principal Dwelling Unit.

Eco Units Added to Principal Residences are not eligible for Affordability Bonuses or Green Bonuses.

Detached Eco Units Gross floor area of the Detached Eco Unit shall be included in

the floor area ratio for the premises, except that maximum lot coverages for principal residences that construct Detached Eco Units shall be increased to 50% of lot area in all residential zones.

Total square footage of Detached Eco Unit may not exceed 50% of the total square footage of Principal Residences.

A permitted garage may be converted into a Detached Eco Unit without requiring additional setbacks, so long as existing setbacks are in compliance with the Connecticut State Building

Code and Connecticut State Fire Code. Parking is not required for the construction of conversion of any

Detached Eco Unit between 300 and 500 sqft. One parking spot is required for the construction or conversion of any Detached Eco Unit between 500 and 950 sqft.

Attached Eco Units Gross floor area of the Detached Eco Unit shall be included in

the floor area ratio for the premises, except that maximum lot coverages for principal residences that construct Attached Eco Units shall be increased to 50% of lot area in all residential zones.

Total square footage of Detached Eco Unit may not exceed 50% of the total square footage of Principal Residences.

Attached Eco Units shall have a separate exterior entry with an interior connection to the Principal Residence.

Attached Eco Units must comply with the space requirements of Eco Units detailed above, in that they must include Efficiency Kitchens, Full Bathrooms, and sleeping quarters of at least 70sqft for the first Individual Occupant and 50sqft for each additional Individual Occupant to share said sleeping quarters.

Parking is not required for the construction of conversion of any Attached Eco Unit between 300 and 500 sqft. One parking spot is required for the construction or conversion of any Attached Eco Unit between 500 and 950 sqft.

DEFINITIONS

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 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 360sqin of aggregate of counter space.

Individual Occupant One human person above the age of 5 = 1 individualPersons below the age of 5 = .5 individualDomesticated animals weighing more than 20 lbs = .5 individualDomesticated animals weighing less than 20 lbs = .25 individual

Density Bonuses

Projects developed as Bungalow Eco Units or Eco Villages may make use of the following Density Bonuses. These Density Bonuses are not available for Eco Units Added to Principal Residences.

Affordability Bonus Green Bonus

Bungalows, 1-2 Eco Bungalows

Give: Give the City an easement running with the land ensuring that at least (a) one Eco Unit of at least 750 sqft will OR (b) two Eco Units each of least 400sqft will be rented for no more than 60% AMI, (“Affordable Eco Units”).

Get:- Height maximum increase from 15ft to

25ft.- Waiver for parking requirements for

Affordable Eco Units only. (Parking is still required for each non-affordable Eco Unit).

Eco Village, 2-6 Eco Units

Give: Give the City an easement running with the land that ensuring that (a) at least one Eco Unit of at least 950 sqft will OR (b) three Eco Units each of least 400sqft will be rented for no more than 60% AMI.

Get:- Waiver for parking requirements for

affordable units;- Height Maximum increase from 2.5

stories to 3 stories- Minimum Front Yard setbacks reduce

from 8 ft to 5 ft.

Bungalows, 1-2 Eco Bungalows

Give: Show verified evidence that the development’s impact to the city’s utility grid is at least 50% offset by renewable energy sources or stormwater management facilities.

Get:- Height maximum increase from 15ft to

25ft.- Eligibility to substitute one required

parked car with evidence that one shared communal vehicle will be provided for the use and enjoyment of all bungalow occupants as terms in

Eco Village, 2-6 Eco Units

Give: Show verified evidence that the development’s impact to the city’s utility grid is at least 50% offset by renewable energy sources, AND show designs for stormwater runoff to be collected, sanitized, and leverages for grey-water eligible uses (i.e., soil irrigation and use in toilets).

Get:- Reduce parking requirement by half- Increase height maximum to 45 feet.- Increase occupancy limit to 15

Individual Occupants.- Eligibility to swap up to one of the

remaining required parked cars for one shared communal vehicle that shall be provided for the use and enjoyment of all Eco Village occupants as terms of their leases.

- Eligibility to swap up to 250sqft of required open space for a ground-level commercial space of up to 500sqft, provided that the desired use of commercial space be subject review by the Board of Zoning Appeals.

ADDITION OF USE TO INDUSTRIAL ZONES IH and IL ONLY

Mobile Residences—

(a) The use as dwellings of mobile residences which are RV-Certified is permitted by Special Permit in zones IH and IL, provided that parcels permitting the parking and use of mobile residences as dwellings—

(1) Maintain adequate sewer, water, and electric hookups for at least four (4) and no more than fifteen (15) mobile residences;

(2) Undergo review by Board of Zoning Appeals and the Design Review Commission;(3) Maintain landscaping, paving, and fencing;(4) Provide and maintain one Full Bathroom facility for every two mobile residence hookups;(5) Provide and maintain common amenity rooms, which must be located in a commonly-

accessible area for use and enjoyment by all RV-residents and must include, at a minimum, (1) one standard full-size washing machine, (2) one standard full-size drying machine, (3) a full kitchen, and (4) at least two items from the following list, (i) a lounge with a full-size sofa, (ii) a large 8+ seat dining table, (iii) WiFi, (iv) fitness studio space;

(6) Provide and maintain common green space covering no less than 40% of the lot area, wherein planters, bioswales, and communal patio furniture may constitute such green space.

(b) Property Management. It is the responsibility of property owners to conduct due diligence as to the environmental quality of their parcels. All parcels allowed by Special Exception to permit the use of mobile residences as dwellings must provide the Board of Zoning Appeals verifiable evidence that the parcel is fit for human habitation. Such evidence may come from the Connecticut Department of Energy and Environmental Protection (DEEP) or from a certified environmental consultant whose advice DEEP trusts.

AddendumOn-the-ground models of historic housing typologies

Prior to the adoption of the Zoning Ordinance in the mid-1960s, buildings could be constructed in a variety of shapes and sizes. Many buildings built prior to the mid-1960s remain standing and are enjoyed by residents and passerbys. The purpose of this addendum is to illustrate that historic housing typologies, were they to be permitted to be constructed again, could add to the City’s housing stock while contributing to, and in some cases preserving, aesthetic diversity in the City’s mnay historic neighborhoods.

Four-Plex Model: 188 Dwight Street

Structure Built, 1910 Land Use, 4-Unit APT Bedrooms, 8 Zone District, RM2 Parcel Area 5,498 Floor Area 2,141

o 2113 + 29 (stairs) Number of Stories 2 FAR = .4

o [2,141 / 5,498 = .389]

Building currently supports four 1,000sqft apartments.

A building shaped like this on a similar parcel could support eight 500sqft Eco Units.

Data from Vision Appraisal

Multi-Family &Convertible Garage:263 St. John Street

Structure Built, 1910 Land Use, Two Family Bedrooms, 6 Zone District, RM2 Parcel Area, 5,999 Floor Area 2,234

o 1,474 + 760 (garage) Number of Stories, 2 FAR = .4

o [2,234/5,999 = .372]

Property currently supports two apartments, each 3-Br and 1,000sqft.

An identical property could easily support three apartments, two 1,000sqft apartments for two families, and a 760sqft Accessory Unit.

From Vision Appraisal and NHArcgis Parcel Lookup

Rowhouse17 Court Street

Structure Built, 1870 Land Use, Three Family Bedrooms, 4 Zone District, RM2 Parcel Area, 1,290 Floor Area, 680 Number of Stories, 3 FAR = .5

o [680/1,290 = .52]

Building currently supports three apartments, each 680 sqft.

This building typology is strictly prohibited under current zoning meaning that it cannot be replicated as new construction.

Data from Vision Appraisal

Bungalows86 Hudson Street

Structure Built, 1910 Land Use, Single Family Bedrooms, 3 Zone District, RM2 Parcel Area, 2,178 Floor Area 494

o 429 + 65 (porch) Number of Stories, 1.5

This single-family bungalow fits three bedrooms and one bathroom in 772sqft of gross living area.

Had the lot lines been drawn proportionally in the 19th century, the average lot size for 84, 86, and 88 Hudson would be 20’ x 100’ for a total of 2,000sqft per parcel.

Lots like these one could easily support two of these bungalows, for an FAR of .5 (494 / 2,000).

Each bungalow could either be its own 772sqft single family house (like 86 Hudson) yielding 2 dwellings, or two 386sqft Eco Units stacked on top of one another yielding up to 4 dwellings.

Data from Vision Appraisal

Sliver LotsEg. 575-579 Winchester &109 Starr

The City owns many of empty lots of this size, termed “sliver lots,” or “nonconforming lots,” which remain empty because the zoning code practically prohibits development on them. The minimum lot area build any kind of dwelling in the residential districts 5,400sqft (RM-2 & RH-2).

Many of these City-owned sliver lots consist of between 1,500-5,000 sqft.

Sliver lots in residential areas could practically be sold to residents to develop multiple bungalows, stacked rowhouses, or live-work units like those found in the East Rock neighborhood. (New live-work construction is currently permitted only in Zone BD-3)

Image from Google Maps

Live-Work/Mixed Commercial-Residential in Zone RM-2