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City of Pawtucket
City of Pawtucket Zoning Ordinance
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§ 410-46

Accessory uses

[Amended 7-9-2015 by Ch. No. 3072]

Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot or contiguous lot as the principal use and shall include, but not necessarily be limited to, private garages, home occupations, and accessory parking. For purposes of this section, a swimming pool shall not be deemed an accessory use. Accessory uses cannot exist without nor precede any principal use on a vacant lot. Accessory uses are subject to all the requirements of this chapter, except as provided herein.

  • A. Accessory uses in residential zones.
    • (1) No accessory use, other than required off-street parking, a private garage and a shed of less than 100 square feet, shall be located on any lot having an area of less than 5,000 square feet.
    • (2) Accessory uses or any combination of such uses, except home occupations, may be included in an accessory building of one story.
    • (3) No accessory building or structure shall be permitted between the front of a main structure and the street.
    • (4) Within any residential zone, where an existing principal structure on an adjacent or contiguous lot is less than eight feet from any lot line, a principal structure or an accessory structure shall not be located less than eight feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is one story, or shall not be located less than 16 feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is two stories.
    • (5) Where a yard abuts upon a public right-of-way, no accessory building shall be erected within 18 feet of such public right-of-way if it contains a garage that is accessible from said street.
    • (6) A detached garage or shed may be located in the required rear yard, but not less than four feet from any lot line. A detached garage located within a rear yard may have its driveway within the required side yard. Such garage shall be no more than one story or 15 feet in height and 24 feet in depth and width, subject to Subsection A(4) above.
    • (7) A garage attached to the main building or structure shall maintain all setback requirements as specified in Article VI for the zone in which it is located.
    • (8) A private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage or parking of tractor trailers is prohibited in residential zones, and no recreational vehicle shall be used for residential occupancy. All vehicles shall be registered and inspected under state law.
  • B. Zoning regulations for accessory dwelling units.

    [Amended 8-21-2024 by Ch. No. 3302]

    • (1) Purpose: The purpose of this section is to provide regulations for the development of accessory dwelling units (ADUs) in the City of Pawtucket. ADUs offer a means to increase the supply of affordable housing, support diverse housing needs, and promote efficient use of existing infrastructure while maintaining the character of residential neighborhoods.
    • (2) Definitions: For the purposes of this section, the following definitions apply:

      ACCESSORY DWELLING UNIT (ADU) — A residential living unit on the same parcel lot where the primary principal use is a legally established single-family dwelling unit or multi-unit family dwelling unit. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

      PRINCIPAL DWELLING UNIT — The main residential structure on a lot, which houses the primary occupants.

    • (3) Permitted zones: Notwithstanding any other provision of this chapter, one accessory dwelling unit 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.
    • (4) General requirements:
      • (a) Maximum size:
        • [1] A studio or one bedroom ADU up to 900 square feet, or 60% of the floor area of the principal dwelling, whichever is less;
        • [2] A two-bedroom ADU up to 1,200 square feet, or 60% of the floor area of the principal dwelling, whichever is less.
      • (b) Setbacks and height: ADUs must comply with the same setback and height requirements as the principal dwelling unit.
      • (c) Parking: A minimum of one off-street parking space per ADU must be provided.
      • (d) Utilities: ADUs must be connected to the same water, sewer, and electrical utilities as the principal dwelling unit, (unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU).
    • (5) Specific requirements for newly constructed detached ADUs.
      • (a) Location: Detached ADUs must be located in the rear yard and comply with the provisions of § 410-46A(4).
      • (b) Height: Detached ADUs shall not exceed the maximum height requirement for an accessory structure in the zoning district the property is located in.
      • (c) Lot coverage: Newly constructed accessory dwelling units (ADUs) shall comply with the lot coverage requirements of the appropriate zoning district.
    • (6) Conversion of existing structures.
      • (a) Conversion: Existing accessory structures, such as garages or workshops, may be converted into ADUs provided they meet the requirements of this section.
      • (b) Compliance: All conversions must comply with building codes and obtain necessary permits.
    • (7) 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.
      • (a) "Hosting platform" means any electronic or operating system in which a person or entity provides a means through which an owner may offer a residential unit for "tourist or transient" use. This service is usually, though not necessarily, provided through an online or web-based system which generally allows an owner to advertise the residential unit through a hosted website and provides a means for a person or entity to arrange tourist or transient use in exchange for payment, whether the person or entity pays rent directly to the owner or to the hosting platform.
    • (8) Application and approval process.
      • (a) Application: Property owners must apply for a zoning certificate to the Director of Zoning and Code Enforcement or their designee for review before a building permit will be reviewed.
    • (9) Enforcement and penalties.
      • (a) Violations of the provisions of this section are subject to enforcement actions and penalties as specified in § 410-101 of the chapter.
    • (10) Severability.
      • (a) If any provision of this section is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
  • C. Home occupations.
    • (1) Home occupations are defined in two categories. The first category, home occupations by right, is described below. The second category, home occupations by special use permit, is described in § 410-60E.

      [Amended 10-23-1997 by Ch. No. 2470]

    • (2) Home occupations by right shall:
      • (a) Have no more than five client visits per week.
      • (b) Have no nonresident employees.
      • (c) Occupy a maximum 20% of floor space or no larger than 300 square feet, whichever is less.
      • (d) Be only in the principal residential structure.
      • (e) Have no signs except an unlighted name sign, which shall be no larger than one square foot.
      • (f) Be operated by the dwelling owner, who must reside on the premises.

        [Amended 3-22-2001 by Ch. No. 2592]

      • (g) Be operated by the legal resident if the dwelling unit is located within a mill redevelopment. The list of eligible buildings is included in the Pawtucket Mill Building Survey (2014) on file in the Department of Planning and Redevelopment.

        [Added 12-8-2016 by Ch. No. 3119]

        Editor's Note: This also provided for the relettering of former Subsections C(2)(g), (h) and (i) as Subsections C(2)(h), (i) and (j), respectively.

      • (h) Generate no noise, vibration, emissions, odor or electrical interference.
      • (i) Have a letter of conformance issued from the Director, if requested by the applicant.
      • (j) Not be allowed under this section when otherwise prohibited by state law or City ordinance.

        [Amended 6-23-1999 by Ch. No. 2531]

  • D. Little free library. An accessory freestanding structure, not to exceed four feet in height, three feet in width, or two feet in depth, that is used for the sole purpose of loaning free books to Pawtucket residents. Enclosed portions of the free library structure shall only include books and shall only be permitted within required front yards. No portion of a free library structure shall project into the public right-of-way. Free library structures are permitted in all residential zoning districts and shall be maintained by the property owner at all times in a condition that does not result in nuisance or public safety hazard.

    [Added 6-21-2018 by Ch. No. 3165]