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Town of New Shoreham
Town of New Shoreham Zoning Ordinance
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§ 513

Accessory Dwelling Units

§ 513 Accessory Dwelling Units

[Amended June 19, 2002, August 21, 2006, and October 6, 2008; September 27, 2006; September 27, 2006; 3-5-2018 by Ord. No. 2018-03; 9-19-2018 by Ord. No. 2018-18; 5-3-2022 by Ord. No. 2022-03; 5-3-2022 by Ord. No. 2022-04; 10-19-2022 by Ord. No. 2022-06; 8-16-2023 by Ord. No. 2023-05; 3-20-2024 by Ord. No. 2024-09]

A. Purpose. The purpose of this section is to create housing opportunities through the provision of rental housing for year-round residents while affording the owner of the primary residence with the opportunity to generate supplemental income. The purpose of this section is also to support local businesses by allowing for employee housing in permitted zones for those deriving income from seasonal employment on the island.

B. Standards for Accessory Dwelling Units-General Standards. All Accessory Dwelling Units shall conform to the following:

1. Rental. May be rented in accordance with Section C1 Standards for Residential Zones, Section C2: Standards for Commercial Zones and Section F, Maintaining Accessory Dwelling Units, below.

2. Location. Such use may be connected to and accessible from the principal use or building or a separate unit on the same lot.

3. Ownership. The property together with the principal use or structure and Accessory Dwelling Unit shall be held in single, joint, common or otherwise undivided ownership. No condominiums are permitted.

4. Sanitary Facilities. Provision(s) for sanitary facilities for all of the uses on the lot shall be provided. Any OWTS system serving the property shall have been certified by applicable state and local authorities to be adequate and suitable for the additional anticipated usage. If the property is served by municipal sewer the Sewer Commission shall certify that adequate sewer capacity has been allocated to the property and that all fees and bills have been paid.

5. Parking. Provide a minimum of one (1) on-site, off street, parking space for each Dwelling Unit beyond what is already required for the primary use.

6. Life Safety. Adequate escape route(s), functioning smoke detectors, carbon monoxide detectors and any other local or state required safety device of a type and location provided in the State Fire Code shall be provided for all uses on the property.

7. Number of Bedrooms. There shall be maximum of three (3) bedrooms unless a Special Use Permit is obtained in accordance with Section D below.

8. Maximum Square Footage. There shall be a maximum of twelve hundred (1,200) square feet of living floor area unless a Special Use Permit is obtained in accordance with Section D below.

9. Minimum living area. There shall be a minimum living area consistent with Rhode Island Housing Code, R.I. Gen. Law 45-24.3-11.

10. Dimensional Standards. The Accessory Dwelling Unit must not exceed dimensional standards established for accessory structures within the applicable Zoning District.

C. Specific Standards.

1. Standards for Residential Zones.

In addition to the Section 513B General Standards above, the following standards shall apply to such Accessory Dwelling Units located in the RA Zone, the RB Zone, the RC Zone, the RC/M Zone, and the M Zone.

a. Modifications to the exterior of an existing principal structure resulting from the installation of an Accessory Dwelling Unit, or the design and construction of new homes with an Accessory Dwelling Unit integrated into the design from the start, shall be consistent with the principal building's predominant character as a single-family home. Only one (1) main entrance for each will be permitted. All other entrances shall be located at the side or rear of the building. The Building Official shall determine to what degree interior or exterior modifications shall be made to conform to the requirements of the state building code for life safety and fire separation.

b. There shall be a maximum of one (1) Accessory Dwelling Unit per lot without a Special Use Permit.

c. As a condition for the issuance and continued validity of an occupancy permit for an Accessory Dwelling Unit, the owner shall execute and record against the deed to said property a restriction, running with the land and in favor of the Town, to the effect that occupancy of the Accessory Dwelling Unit shall be limited to persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) and that the Accessory Dwelling Unit may not be offered, nor used, for seasonal occupancy; and the owner shall file with the Town, prior to issuance of an occupancy permit and within thirty (30) days of any change in ownership of the premises, an affidavit, signed under the penalties of perjury by the owner of the premises, attesting to the fact that the Accessory Dwelling Unit is, and will be, limited to occupancy by persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) and that the Accessory dwelling[??] Dwelling Unit will not be offered, nor used, for seasonal occupancy. The affidavit shall be renewed by the owner of the premises every two (2) years as a condition for retaining an occupancy permit for the Accessory Dwelling Unit.

2. Standards for Commercial Zones.

In addition to the Section 513B General Standards above, the following standards shall apply to Accessory Dwelling Units located in the SC Zone, the OHC Zone and the NHC Zone:

a. There shall be a maximum of three (3) Accessory Dwelling Units per lot without a Special Use Permit.

b. As a condition for the issuance, and continued validity, of an occupancy permit for any Accessory Dwelling Unit, the owner shall execute and record against the deed to said property a restriction, running with the land in favor of the Town, to the effect that occupancy of the Accessory Dwelling Unit shall be limited to persons resident in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) or deriving income from employment on the Island and that the dwelling Dwelling Unit may not be offered, nor used, for seasonal occupancy except for seasonal occupancy by persons deriving income from employment on the Island; and the owner shall file with the Town, prior to issuance of an occupancy permit and within thirty (30) days of any change in ownership of the premises, an affidavit, signed under the penalties of perjury by the owner of the principal structure, attesting to the fact that the Accessory Dwelling Unit is, and will be, limited to occupancy by persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) or deriving income from employment on the Island and that the Accessory Dwelling Unit will not be offered, nor used, for seasonal occupancy except for seasonal occupancy by persons deriving income from employment on the Island. The affidavit shall be renewed by the owner of the premises every two (2) years as a condition for retaining an occupancy permit for the Accessory Dwelling Unit.

c. A separate affidavit shall be required for each Accessory Dwelling Unit clearly identifying the Dwelling Unit and distinguishing it from any other Accessory Dwelling Units on the property.

3. Standards for Town Employee Accessory Dwelling Units.

In addition to the Section 513B General Standards above, all Accessory Dwelling Units for Town Employees:

a. Accessory Dwelling Units owned by the Town of New Shoreham and constructed principally for the purpose of providing housing for employees serving necessary local government functions shall be exempt from the Standards of C1b, C1c, 2, E2, E3 and G2 of Section 513.

b. There shall be no more than four (4) Accessory Dwelling Units on a lot owned by the Town of New Shoreham. Such Accessory Dwelling Units shall be permitted, without regard to the residential density requirements of the zoning district in which the lot is situated.

c. If, at such time after the construction of the permitted dwelling unit(s) for the purpose of providing housing for employees serving necessary local government functions, there becomes no immediate need for the housing by the Town, it may be rented, on a yearly basis, to a resident qualifying as a low or moderate income person or family.

d. Procedure. Notwithstanding any other provisions of this Ordinance, no construction of or alterations to buildings or structures for the development of Town Employee Accessory dwelling units shall be permitted until development plans have been reviewed and approved by the Planning Board as set forth in Section 704, Development Plan Review.

e. Plans Required. In addition to any applicable submittals required under Development Plan Review, the applicant shall submit:

(1) An existing conditions plan prepared by a registered land surveyor or professional engineer which shows contours at two (2) foot intervals; all structures, travel lanes and parking areas; all street and lot lines, dimensions and property setbacks; and the location of wetlands and water bodies on the property.

(2) A site plan which indicates the intended location of the proposed structures, with all dimensions and setbacks indicated, and all site improvements, including proposed grading, parking areas, fencing, landscaping and lighting.

(3) Architectural plans for any new construction or exterior alterations to any existing structure.

f. Standards of Review. No final approval of any development plan for building construction or alteration or other site improvements may be granted by the Planning Board until it has reviewed the plans in accordance with, but not limited to, the following:

(1) All applicable general site standards contained in Section 501 A.

(2) The limitations on building footprint, living area, gross area and building volume as delineated in Section 406 for a residential structure

(3) All other applicable parking, landscaping, signage and utility standards.

D. Accessory Dwelling Units by Special Use Permit.

1. Applicability.

The following Accessory Dwelling Units require a Special Use Permit:

a. An Accessory Dwelling Unit greater than 1,200 square feet of living floor area, up to a maximum of 1,500 square feet of living floor area.

b. A structure existing as of July 1, 2022, greater than 1,200 square feet of up to 1,800 square feet of living area, may be converted proposed for conversion into an accessory Accessory Dwelling Unit, upon the granting of a Special Use Permit by the Zoning Board of Review.

c. An Accessory Dwelling Unit greater than three (3) bedrooms up to a maximum of four (4) bedrooms.

d. An Accessory Dwelling Unit proposed in a primary or accessory structure that is lawfully established preexisting non-conforming pursuant to R.I.G.L. § 45-24-73(b).

e. In the RA Zone, the RB Zone, the RC Zone, the RC/M Zone, and the M Zone, two (2) Accessory Dwelling Units may be permitted if the result would be a residential density of not more than three (3) dwelling units per lot.

f. In the SC Zone, the OHC Zone and the NHC Zone, more than three (3) Accessory Dwelling Units.

Exception:

Upon granting of a Special Use Permit by the Zoning Board of Review, for lots of record that are substandard by lot area, the first 600 square feet of a new Accessory Dwelling Unit may be excluded from the calculation of lot building coverage for the sole purpose of creating the Accessory Dwelling Unit. The owner shall execute and record against the deed to said property a restriction that in exchange for the bonus, the Accessory Dwelling Unit created shall remain part of the island's attainable year-round housing stock for a period not less than fifteen (15) years from the date of the issuance of the certificate of use and occupancy.

2. Requirements.

An application must be submitted for a Special Use Permit. Any such application shall also be subject to Development Plan Review. Prior to the approval of an application submitted under this section, the Zoning Board of Review shall determine that the application meets the General Criteria for a Special Use Permit contained in § 401, General Criteria for a Special Use Permit.

3. Expedited Approval Process ("EAP").

a. An Accessory Dwelling Unit that requires a Special use Permit under Section 513D:

Accessory Dwelling Units by Special Use Permit, but otherwise conforms to all other applicable standards and dimensional regulations contained in this Ordinance, shall be exempt from having to obtain a Special Use Permit if an application for building permit is filed with the Building Official for review and approval, and said application includes at the time of filing:

(1) Planning Board Pre-approved building plans. The Planning Board may from time to time review and approve such building plans. Details and plans of planning board pre-approved structures shall be held by the Zoning Official and may be obtained upon request;

(2) Approval from applicable state and local authorities for a new OWTS and/or tie in to a pre-existing system;

(3) A well system which has been approved by applicable state and local authorities;

(4) If the property is on Town water, a letter from the water company attesting the fact that the additional allotment required, is available;

(5) A sufficient electrical and/or solar energy system which has been approved by applicable state and local authorities; and

(6) An affidavit from the owner that the Accessory Dwelling Unit will be offered for year-round rental only.

E. Additional Requirements For All Accessory Dwelling Units:

Prior to issuance of a Building Permit and/or any permit of occupancy for any Accessory Dwelling Unit, the Property owner shall:

1. Properly demonstrate through RIDEM certification or inspection by the Wastewater Management Inspector, or his or her designee, and any necessary repair, modification, alteration or replacement of the OWTS that all required State code requirements are met and that the OWTS serving the property shall be adequate and suitable to accommodate the additional anticipated usage. If the property is served by municipal sewer, the Sewer Commission shall certify that adequate sewer capacity has been allocated to the property and that all fees and bills have been paid.

2. Record a declaration in the land evidence records and provide a copy to the Zoning Official and Building Official, detailing all use restrictions, including a restriction in favor of the Town, that occupancy of the Accessory Dwelling Unit shall be restricted as set forth in this ordinance, and

3. File with the Town, and again within thirty (30) days of any change in ownership of the premises, an affidavit that the Accessory Dwelling Unit is, and will be, limited to the restricted occupancy as set forth in this Ordinance. The affidavit shall be renewed by the owner of the Property every two (2) years.

F. Maintaining an Accessory Dwelling Unit.

All Accessory Dwelling Units shall be rented only by a written rental agreement which shall be kept by the owner and filed with the Zoning Official. Personal, financial or protected information may be redacted.

1. For all Accessory Dwelling Units, except Town Employee Accessory Dwelling Units, once the individual(s) identified in the rental agreement no longer reside in the premises on a permanent basis, or the title is transferred, the property owner shall notify the zoning official in writing, and the Accessory Dwelling Unit shall be considered abandoned pursuant to § 513G.

2. Fire escape routes, smoke detectors, carbon monoxide detectors and any other local or state required safety device of a type and location provided in the State Fire Code shall be properly maintained at all times.

3. Accessory Dwelling Units shall be subject to inspection by the Zoning Official and/or Building Official upon forty eight (48) hours' prior notice of the date, time and purpose of the inspection.

G. Termination, Abandonment and Release.

1. Any property owner with an Accessory Dwelling Unit may terminate the use and obtain a written release of the restrictions recorded under Section 513C and/or Section 513E2 by abandoning the use in accordance with the following procedure:

a. The owner of the property shall send a written notice by certified mail of the intention to abandon the Accessory Dwelling Unit use to the Zoning Official and any tenant(s) expressly abandoning the use, stating the use to which the dwelling unit is to be changed and stating the date of the abandonment.

b. The owner shall convert the dwelling unit from a dwelling unit to another use by, at a minimum, removing all cooking facilities and associated utilities such that any reconversion to a dwelling unit will require a building permit.

c. On, or after, the date of abandonment the Building Official or his or her designee shall inspect the dwelling unit and certify in writing that the dwelling unit has been abandoned stating the date of the inspection, specifically what alterations were made by the owner in converting the dwelling unit and to what use it has been converted. The Building Official shall ensure that all alterations have been done according to code requirements.

2. If any Accessory Dwelling Unit is not rented or occupied, in accordance with the terms of this Section, for a period in excess of one year, the Accessory Dwelling Unit use may be considered to have been abandoned. The Building Official and/or Zoning Official shall conduct an investigation, document his or her findings, and notify the property owner of his or her determination. In the Notice the Building Official and/or Zoning Official shall advise the property owner that a new application for a Special Use Permit will be required to reacquire the use. If no response is received the Building Official and/or Zoning Official shall record the Notice on the Land Evidence Records. Thereupon, the owner shall convert the dwelling unit from a dwelling unit to another use by, at a minimum, removing all cooking appliances and kitchen plumbing such that any reconversion to a dwelling unit will require a building permit.

This does not preclude the Building Official and/or Zoning Official from pursuing any other violation of the terms of this Section by someone, for example, renting the unit weekly at market rates.