Accessory structures and uses
For purposes of this section, accessory use shall be as previously defined in this ordinance (section 2). Accessory structures shall include but not be limited to unlighted tennis and paddle-tennis courts, skateboard ramps, swimming pools, garages for passenger or commercial vehicles, greenhouses, playhouses, garden houses, toolhouses, stables, barns, solar energy collectors, studios, sheds, and portable temporary storage units. Mailboxes, swing sets, dog houses, flag poles and minor ornamental improvements shall not be subject to these regulations.
(1) Restrictions. Accessory buildings and structures may be permitted in all zones. The combined coverage of all principal and accessory buildings and structures located on a lot shall not exceed the applicable maximum building coverage requirements prescribed in the Table of Dimensional Regulations in section 6.4 (or section 6.5 for legal substandard lots of record) of this ordinance.
Accessory buildings and structures not greater than 144 square feet in floor area and not more than 11 feet in height, measured from the average natural grade at the base to the highest point of the building or structure, shall be set back as distance at least equal to one third of the side yard and rear yard dimensions specified in the Table of Dimensional Regulations in section 6.4 of this ordinance. Such accessory buildings and structures shall comply with the front yard setbacks specified herein.
An accessory building or structure greater than 144 square feet in ground floor area or greater than 11 feet in height shall comply with the required front, rear, and side yard dimensions specified in the Table of Dimensional Regulations, and shall be limited in height to a maximum of 15.5 feet measured from the average natural grade at the base to the highest point of the building or structure.
An accessory building or structure over 1,500 square feet in ground floor area or greater than 15.5 feet in height shall constitute a special permit use and shall require site plan review and approval in accordance with the provisions of section 18 of this ordinance.
Accessory buildings and structures of up to 80 square feet in floor area proposed for location on sites with non-conforming primary uses shall be exempt from the public hearing requirement of section 11.3, provided no dimensional relief from setbacks or coverage is required.
Portable temporary storage units. For properties located in residence zones, PTSU's shall be allowed by permit, subject to appropriate time limitation not to exceed one year per judgment of the building official. A fee of no less than $50.00 per month shall be paid to the town following 60 days grace period from the date the permit is issued by the building official. There shall be allowed no more than one PTSU per dwelling unit. The maximum size of a PTSU for use on a residential site shall not exceed eight feet wide, 20 feet long and eight feet high. The location of any PTSU shall meet the required setbacks within the zone. This requirement is reduced as described below for PTSU's of less than 144 square feet. Where practical, PTSU's shall be located within driveways, but not obstructing any required parking spaces, fire lanes, loading zones or rights-of-way. If, due to the particular site conditions of the property it is impractical to meet the set back requirements of this ordinance, then the property owner may request relief from the set back requirements as a staff review under section 16.1 of the zoning ordinance.
Notwithstanding the above allowances, the right to place a PTSU on any property shall not violate or modify any limits or restrictions already existing due to an approved site plan from the zoning board of review or due to a zoning board of review decision.
Non-permitted units shall be assessed an immediate $200.00 penalty upon issuance of a violation notice by the building official, and charged accordingly thereafter.
(2) Swimming pools. Swimming pools, including portable pools deep enough to contain a water depth of more than 24 inches, shall comply with the following requirements:
a. No pool which is accessory to a one- or two-family dwelling shall be located in the front yard thereof;
b. The pool and any accessory equipment shall comply with the required side and rear yard setbacks of the lot on which it is located;
c. Exclusive of gates or doors, the fence or wall shall contain no holes or gaps which have any dimension greater than four inches. If the wall or fence is not opaque, the area in which the pool is located shall be screened from the view of abutting properties by means of thick hedges at least six feet high;
d. In-ground pools shall have an apron no less than four feet wide on any side accessible to foot traffic;
e. The pool shall have no lighting or spotlighting which illuminates any area beyond the boundaries of the lot on which it is located;
f. The pool shall be equipped with a filtration system which shall be either screened or enclosed on all sides or located below ground.
(3) Tennis, deck, or paddle tennis courts. Tennis, deck, or paddle tennis courts, skateboard ramps and similar accessory recreation facilities shall comply with the following requirements:
a. No such facility which is accessory to a residential use shall be located in the front yard thereof;
b. No part of any such facility shall be located nearer than 15 feet to any property line;
c. The facility shall have no lighting or spot lighting, unless such lighting is approved as a special use permit by the zoning board of review;
d. The area in which the facility is located shall be screened from the view of abutting properties by means of an opaque fence or wall or thick hedges at least six feet high.
(4) Home occupations. Home occupations, as defined in this ordinance (section 2) are permitted as accessory uses in all zones when conducted and carried on entirely within the dwelling unit by the occupants thereof, provided that:
a. The use is conducted solely within the dwelling unit and is clearly incidental and secondary to the use of the dwelling unit for residential purposes;
b. There is no exterior display or advertising of goods or services, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the dwelling unit;
c. The establishment of the occupation does not require internal or external alterations or involve construction features not customarily found in dwelling units;
d. The occupation does not utilize more than 25 percent of the floor area of the first story of the dwelling unit;
e. The occupation does not produce or emit offensive noise, vibration, smoke, dust, odors, heat or glare, radiation, radio or television interference, or any other nuisance;
f. The occupation is conducted in such a manner and during such hours that it is not obnoxious, offensive, or detrimental to the immediate neighborhood;
g. The occupation employs no more than one employee or helper other than members of the family residing in the dwelling unit;
h. When the occupation involves music instruction or scholastic teaching or tutoring, the home office or studio shall be so equipped and used that no sounds therefrom can be heard beyond the boundaries of the premises in which the occupation is being conducted.
(5) Trash containers. Trash compactors, dumpsters, and other large trash containers serving single-family, multifamily, commercial, and industrial structures and developments shall comply with the following requirements:
a. The compactor, dumpster, or container shall not be permanently located closer to the property lines than the permissible distance for an accessory structure in the zone;
b. The compactor, dumpster, or container shall not be located in any required loading berth or in any required off-street parking space;
c. The compactor, dumpster, or container shall be appropriately screened or located so as to minimize its effect on residential uses;
d. The design and operation of any trash compactor shall be rodentproof and shall be approved by the building inspection division prior to installation.
(6) Accessory dwelling units. Notwithstanding any other provision of this chapter, an accessory dwelling unit ("ADU") that meets the requirements of RIGL 45-24-31 and 45-24-73(a) shall be a permitted use in all residential zoning districts. An ADU which meets the requirements of RIGL 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.
a. One accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances:
1. On an owner-occupied property as a reasonable accommodation for family members with disabilities; or
2. On a lot with a total lot area of 20,000 sq. ft. or more for which the primary use is residential; or
3. Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.
b. Development standard for accessory dwelling units (ADU).
1. A studio or one bedroom ADU shall be allowed at no greater than 900 sq. ft. or 60 percent of the floor area of the principal dwelling, whichever is less.
2. A two bedroom ADU shall be no larger than 1,200 sq. ft. or 60 percent of the floor area of the principal dwelling, whichever is less.
3. ADUs shall not contain more than two bedrooms, as defined in section 2.2 of this ordinance.
4. One additional off-street parking space shall be required for each bedroom within the ADU.
5. ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in RIGL 42-63.1-2.
6. ADUs created under RIGL 45-24-73 shall remain as an accessory use to a primary structure and shall not be separated from the primary structure, separated through subdivision, and/or sold by way of condominium creation, ground lease, tenancy in common or other mechanism.
c. For proposed ADUs that are part of a larger development proposal, ADUs shall not count toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.
d. Any ADU established pursuant to the terms of this chapter utilized as a rental shall be leased for a term of no less than 12 consecutive months.
(Ch. 811(1), § 1(7.3), 3-4-2002, Ch. 894, §§ 3, 8, 11-5-2007; Ch. 897, § 3, 5-5-2008; Ch. 1030, § 2, 10-17-2016; Ch. 1118, § 11, 12-18-2023; Ch. 1137, § 3, 6-16-2025)