Accessory dwelling units shall only be permitted as part of an owner-occupied residence as a reasonable accommodation for family members with disabilities or who are sixty-two (62) years of age or older, or to accommodate other family members. The intent of this section is to comply with the minimum requirements of R.I.G.L. § 45-24-37(e) and to prohibit the use of accessory dwelling units beyond the minimum requirements of R.I.G.L. § 45-24-37(e).

(1)

Purpose. This article regulates the design, construction, and occupancy of accessory dwelling units . The intent of this section is to:

a.

Provide affordable opportunities for town residents requiring additional living space for the purpose of housing family members in an independent yet secure manner

b.

To protect neighborhood values and characteristics, especially the single family, low density, rural features that dominate the town's development patterns

c.

To ensure the protection of the environment and avoid pollution impacts resulting from intensified land use associated with the development of accessory dwelling units.

d.

To provide guidelines to facilitate the application process for accessory dwelling units.

e.

To satisfy the minimal requirements of the State Zoning Enabling Act as set forth in R.I.G.L. § 45-24-37(e).

(2)

Guarantee of owner and family member occupancy. The owner or owners of the residential lot upon which the ADU is located shall occupy one (1) of the residences thereon, except for bona fide temporary absences. Prior to the issuance of any zoning certificate or building permit for an ADU a certificate in the form of a sworn affidavit (See attached affidavit form) to verify that the owner is in residence and that the ADU shall be occupied only by the owner or family members shall be presented to the building/zoning official. No occupancy of an ADU shall be permitted except in conformance with an approved zoning certificate duly issued by the zoning official confirming that the requirements of this section have been met.

(3)

Change of ownership. Change of ownership of the residential lot where the ADU is located shall cause the use as an ADU to terminate automatically. Subsequent owners of the lot may make an application for a zoning certificate in their own name. Review of this subsequent application shall be conducted by the zoning enforcement officer. The zoning enforcement officer shall inspect the ADU to determine whether all the requirements and conditions of this section are met. In instances where there continues to be full compliance with the terms and conditions of this section, the zoning enforcement officer may issue a new zoning certificate without review by the zoning board.

(4)

Conditions. The ADU shall be designed so that to the degree reasonably feasible, the appearance of the property remains that of a single or multi-family residential property. Therefore:

a.

In general, any new entrances added to an existing residential structure shall be located to the side or the rear of the building. In accordance with the applicable sections of the Rhode Island Building Code, the ADU must have at least one (1) means of egress and one (1) egress window in all bedrooms.

b.

Additional floor space resulting from the construction of an ADU that is not incorporated into the primary residential structure shall not exceed twenty-five (25) percent of the total floor area of the primary residence but in no case shall the ADU comprise less than three hundred fifty (350) square feet of total floor space or more than nine hundred (900) square feet of total floor space.

c.

Only one (1) accessory dwelling unit is permitted per residential lot.

(5)

Occupancy.

a.

Occupancy of all ADUs shall be limited to two (2) persons.

b.

ADUs cannot be used as short-term rentals and cannot be advertised or marketed for rental to the public.

(6)

Occupancy. Occupancy of all accessory dwelling units shall be limited to two (2)persons.

(7)

Utilities. Both the ADU and the primary residential unit shall jointly share utilities if within the same structure. Electric service shall remain single service. The heating source for the ADU shall be from the furnace or electric service of the main residence. These requirements do not apply to ADUs that are located in a separate structure such as a detached garage.

(8)

Application procedures.

a.

Floor plan/building elevation. Applications for construction of ADUs must be presented to the building official and/or zoning official and accompanied by a zoning certificate application and floor plan of the existing residence (if ADU is attached) and of the proposed accessory unit. Floor plans must be drawn to Rhode Island State Building Code standards, must be of sufficient clarity and detail to provide the building official with sufficient information on which to demonstrate the adequacy of the proposed ADU and compliance with this section, and shall be drawn at a scale of not less than one-fourth (¼) inch to a foot.

b.

System suitability determination. All applications for an ADU shall be accompanied by a valid "system suitability determination" issued by the Rhode Island Department of Environmental Management Individual Sewage Disposal Systems Division to ensure protection of natural resources and human health. Applications which propose to add no additional bedrooms to the number of bedrooms existing in the main residential dwelling at the time of the application shall be exempt from this provision.

c.

Site plan. Each application shall be accompanied by a site plan prepared by a licensed professional engineer or licensed surveyor that clearly shows the location of all existing buildings, utilities, driveways, wells, stone walls, fences, and existing vegetation along with the proposed ADU.

d.

Parking. One (1) additional off-street parking space shall be provided to accommodate the ADU. Additional parking on the side of the main residence facing the street shall be prohibited.

(Ch. 151, 12-6-99; Ch. 285, 8-1-22; Ch. 286, 10-3-22)