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City of Providence
City of Providence Zoning Ordinance
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§ 1302

ACCESSORY STRUCTURES AND USES

1302 ACCESSORY STRUCTURES AND USES Accessory structures and uses are permitted in all districts unless specifically prohibited by this Ordinance. All accessory structures and uses are subject to the requirements of this section and the permitted encroachment requirements of Section 1303. Additional accessory structures not regulated in this section may be regulated in Section 1303.

  • A. General Regulations for Accessory Structures

    1. All accessory structures are subject to the following regulations, in addition to any other specific regulations within this section.

  • 2. No accessory structure shall be constructed prior to construction of the principal building or use to which it is accessory.

  • 3. Unless required by the building code, certain accessory structures are specifically exempted by this Ordinance, as noted below.

  • 4. Only those accessory structures permitted by this section and Section 1303 are permitted in required setbacks. Certain accessory structures may also be prohibited in certain yards. Required setbacks are described in the district standards. The use of the term “yard” refers to the area between the building line and the lot line. The distinction is made because certain principal buildings may not be built at required district setback lines, thereby creating a yard larger than the minimum setback dimension. If a structure is permitted within a yard, it is permitted within the required setback subject to any additional limitations.

  • 5. Accessory structures are included and shall comply with all maximum impervious surface and building coverage requirements.

  • 6. The maximum height of any detached accessory structure is 10 feet at the lot line, then an additional one foot in height for each one foot of additional setback to a maximum of 20 feet and two stories, unless otherwise permitted or restricted by this Ordinance.

  • 7. Accessory structures permitted in rear, interior, or corner side yards shall be at least three feet from any lot line, unless otherwise permitted or restricted by this Ordinance.

  • 8. Accessory structures require a building permit unless specifically exempted by this Ordinance.

  • 9. In all residential zones, a mobile home, manufactured home, recreational vehicle, semi-tractor trailer, shipping container, boat or motor vehicle shall not be used as an accessory structure.

    • B. Amateur (HAM) Radio Equipment

      1. Towers that solely support amateur (HAM) radio equipment and conform to all applicable performance criteria as set forth in Section 1304 are permitted only in the rear yard, and shall be located ten feet from any lot line and any principal building. Towers are limited to the maximum building height of the applicable district plus an additional ten feet.

  • 2. Antennas may also be building-mounted and are limited to a maximum height of ten feet above the structure.

  • 3. Every effort shall be made to install towers or antennas in locations that are not readily visible from adjacent residential lots or from the public right-of-way, excluding alleys.

  • 4. Any antennas and/or towers owned and operated by the City are exempt from these requirements.

    • C. Apiary

      1. Apiaries do not require a building permit.

  • 2. Apiaries are permitted only in the rear yard and shall be located 10 feet from any lot line and the principal building.

  • 3. All bee colonies shall be kept in a removable frame hive, which shall be kept in sound and usable condition.

  • 4. Where any colony is located within 25 feet of a lot line, as measured from the nearest point on the hive to the lot line, the beekeeper shall establish and maintain a flyway barrier at least six feet in height consisting of a hedge, fence, solid wall, or combination that is parallel to the lot line and extends ten feet beyond the colony in each direction so that bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

  • 5. Each beekeeper shall provide a convenient source of water available to the bees at all times.

  • 6. In any instance in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, the beekeeper shall promptly re-queen the colony.

    • D. Aquaculture/Aquaponics

      1. Aquaculture/aquaponics facilities do not require a building permit.

  • 2. Aquaculture/aquaponics facilities are permitted only in the rear yard and shall be located 10 feet from any lot line.

  • 3. All aquaculture/aquaponics operations shall be located within fully or partially enclosed structures designed for holding and rearing fish, and contain adequate space and shade.

    • E. Carport

      1. Carports shall be located over a driveway.

  • 2. A carport is permitted only in the interior side yard, corner side yard, or rear yard and shall be at least four feet from any lot line.

  • 3. The total length of a carport is limited to 20 feet. The height of a carport is limited to 10 feet.

  • 4. A carport shall be entirely open on at least three sides except for the necessary supporting columns and customary architectural features.

  • 5. A carport shall be constructed as a permanent structure. Temporary tent structures are not considered carports.

    • F. Chicken Coop

      1. Chicken coops do not require a building permit.

  • 2. Chicken coops are permitted in the rear yard only.

  • 3. No hens shall be kept or raised within a dwelling.

  • 4. One hen is permitted per each 800 square feet of total lot area, up to a maximum of six hens on any lot. The owner of the hens shall be a resident of the dwelling on the lot.

  • 5. Roosters are prohibited. However, if the sex of a chick cannot be determined at hatching, a chick of either sex may be kept on the property for up to six months.

  • 6. All hens shall be subject to the nuisance provisions of the Providence Code of Ordinances.

  • 7. All hens shall be confined between the hours of 9:00 p.m. and 8:00 a.m.

  • 8. All hens shall be provided with both a chicken coop and a fenced outdoor enclosure, subject to the following provisions: a. The chicken coop shall provide a minimum of two square feet per hen.

    • b. The chicken coop and fenced enclosure shall be kept in good repair, maintained in a clean and sanitary condition, and free of vermin, obnoxious smells, and substances. The facility shall be adequately lit and ventilated.

    • c. The chicken coop shall be designed to ensure the health and well being of the hens, including protection from predators, the elements, and inclement weather.

    • d. The chicken coop shall be located upon an impermeable surface that prevents waste run-off.

  • 9. All manure shall be composted in enclosed bins.

  • 10. Slaughtering of chickens on-site is prohibited.

    • G. Coldframe Structure

      1. Coldframe structures do not require a building permit.

  • 2. Coldframe structures up to three feet in height are permitted only in the interior side, corner side, and rear yards.

  • 3. Coldframe structures over three feet in height are permitted only in the rear yard.

  • 4. Coldframe structures shall be limited to a maximum square footage of 32 square feet and a maximum height of six feet.

    • H. Electric Vehicle Charging Station

      1. Commercial electric vehicle charging stations are permitted as an accessory use within any parking lot, parking structure, or gas station in all districts.

  • 2. Private charging stations are permitted as an accessory use to all residential uses to serve the occupants of the dwelling located on that property.

  • 3. Electric charging station equipment shall not block the public right-of-way.

  • 4. Each public charging station space shall be posted with a sign indicating the space is only for electric vehicle charging purposes. Days and hour of operations shall be included if time limits of tow away provisions are to be enforced by the owner. Information identifying voltage and amperage levels or safety information shall be posted.

  • 5. Charging station equipment shall be maintained in good condition and all equipment shall be functional. Charging stations no longer in use shall be immediately removed.

    • I. Fences and Walls

      1. General Requirements a. Every fence and wall shall be maintained in a good repair and safe condition at all times. Every damaged or missing element shall be repaired, removed, or replaced immediately.

      • b. Height is measured from the adjacent finished grade to the highest point, except that decorative posts of a fence or wall may exceed the maximum height by six inches. (Figure 13- 2)

      • c. The bottom rail of a fence shall be installed a maximum vertical distance of six inches above the adjacent finished grade for the entire length of the fence. (Figure 13-2)

      • d. When fence requirements are a condition of a use or site element, per this Ordinance, such requirements control.

      • e. Additional fence and wall requirements may be found in the D-1 District and ES Overlay District, or in the use standards of Article 12.

      • f. The combined height of any fence and wall cannot be more than 6 feet.

      • g. Fences may be installed on lot lines.

  • 2. Fences

    a. For all residential uses, no fence within 5 feet of a front lot line shall exceed 36 inches in height. All other fences are limited to six feet in height. (Figure 13-3)

  • 3. Barbed Wire and Razor Wire Fences

    a. Barbed wire and razor wire fences are prohibited in all districts.

  • 4. Walls

    a. A wall shall not exceed 12 inches in width, unless it is used to retain grade and the width is not visible above any adjacent finished grade. No wall within 5 feet of a front lot line shall exceed 36 inches in height. All other walls are limited to 6 feet in height. (Figure 13-3)

    • b. No wall shall be constructed of unfinished building materials, including but not limited to, poured concrete, or concrete blocks unless the wall is properly capped and finished on both faces. In residential zones, masonry units for walls shall be no larger than 18 inches in width and 8 inches in height.

    • J. Garage The following standards apply to all residential garages, with the exception of multi-family dwellings. Attached garages are not considered an accessory structure but are subject to the regulations of this section for attached garages.

  • 1. Attached Garage

    a. Front-loaded attached garages shall be limited to 50% of the width of the front building line or 22 feet, whichever is greater. Garage width is measure between garage doors; in the case of garages designed with multiple garage doors the distance is measured between the edge of the outmost doors. (Figure 13-4)

    • b. Attached garages shall be set back a minimum of five feet from the front building line.

    • c. There shall be a driveway, at least 18 feet long, between a street lot line and a garage door. Where the garage door faces an alley, the front of the garage may be set to the lot line.

  • 2. Detached Garage

    a. One detached garage is permitted per lot.

    • b. A detached garage may be used in part or entirely as an office, recreation room, or accessory dwelling unit.

    • c. Detached garages are permitted only in the rear, interior side, and corner side yards. Detached garages shall be set back a minimum of five feet from the front building line. No setback is required from any side or rear lot line.

    • d. If a lot abuts a public alley that provides adequate access to a street, a detached garage shall be constructed so that access is from the public alley.

    • e. There shall be a driveway, at least 18 feet long, between a street lot line and a garage door. Where the garage door faces an alley, the front of the garage may be set to the lot line.

  • 3. Integral Garage

    a. Integral garages are those whose area occupies part of the primary mass of a residential structure, regardless of the grade at which the garage is entered. It is considered a separate category from an attached garage.

    • b. The width of integral garage(s) shall be limited to 50% of the width of the building façade containing the garage door(s) or 22 feet, whichever is greater; provided however that the width of the integral garage(s) within a rowhouse shall be limited to 75% of the width of the rowhouse unit. Garage width is measured as the distance between the right and left garage door edges; in the case of garages designed with multiple garage doors, the width is measured as the total distance between the edges of the outmost doors.

    • c. If an integral garage faces a front lot line, there shall be a pedestrian entrance door on the façade containing the garage.

    • d. The garage door(s) shall not be closer to the street than any part of the façade containing the garage door(s).

    • e. Excepting rowhouses, there shall be a driveway, at least 18 feet long, between a street lot line and a garage door, or in a case where the front yard setback permits, a garage door may be between zero and three feet from the front lot line.

    • f. If an integral garage is incorporated into a rowhouse, it shall contain no more than a single vehicular stall.

    • g. If an integral garage is incorporated into a rowhouse and faces a front lot line, the garage door shall contain a total area of transparency equal to at least 15% of its area.

    • K. Home Occupation

      1. The home occupation shall be conducted by a member or members of the family or individuals permanently residing on the premises.

  • 2. No more than one person is employed in the home occupation, other than an occupant or occupants of the premises.

  • 3. Signs, displays, or activities that indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence are prohibited. However, one identification sign not exceeding two square feet in area is permitted.

  • 4. The home occupation and all related activity, including storage, shall be conducted completely within the principal building or permitted accessory structure.

  • 5. No commodities can be sold or services rendered that require receipt or delivery of merchandise, goods, or equipment other than by a passenger motor vehicle or by parcel or letter carrier mail services using vehicles typically employed in residential deliveries.

  • 6. Alterations to the residence or permitted accessory structures that would alter the residential character of the dwelling are prohibited.

  • 7. The home occupation and any related activity shall not create any traffic hazards or nuisances in public rights-of-way.

  • 8. No more than four clients, patients, pupils, or customers are permitted at any given time. Such visits shall occur between 8:00 a.m. and 9:00 p.m. and shall be by appointment only.

  • 9. There shall be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure where the home occupation is located in excess of that normally associated with residential use.

  • 10. Repair and service of vehicles or any heavy machinery is prohibited as a home occupation.

  • 11. Family day care homes are not considered a home occupation and are regulated separately by this Ordinance.

    • L. Mechanical Equipment Mechanical equipment includes heating, ventilation, and air conditioning (HVAC) equipment, electrical generators, ground-mounted electrical transformers, and similar equipment.

  • 1. Ground-Mounted Equipment

    a. Mechanical equipment is prohibited in the front yard. If mechanical equipment is located in the front yard as of the effective date of this Ordinance, the equipment may remain and may be repaired and maintained unless it shall be replaced in its entirety or the principal structure is demolished.

    • b. Mechanical equipment is permitted only in the interior side, corner side, or rear yard and shall be located a minimum of three feet from any lot line.

  • 2. Roof-Mounted Equipment

    a. For structures three or more stories in height, all roof equipment shall be set back from the edge of the roof a minimum distance of one foot for every two feet by which the equipment extends above the roof.

    • b. For structures less than three stories in height and for any building where roof equipment cannot meet the setback requirement of item a above, there shall be either a parapet wall to screen the equipment or the equipment shall be housed in solid building material that is architecturally integrated with the structure.

    • M. Outdoor Sales and Display

      1. Retail goods establishments and similar retail uses are permitted to have accessory outdoor sales and display of merchandise. However, outdoor storage of goods not offered for sale by the establishment is prohibited.

  • 2. Any outdoor display shall be located on the same lot as the principal use. Outdoor display may be located on the adjoining sidewalk only with the appropriate City permits and/or licenses.

  • 3. The goods may only displayed when the use is open for business and shall be removed at the end of each business day.

    • N. Refuse and Recycling Container The following standards do not apply to properties that use city-issued wheeled trash and recycling containers.

  • 1. Refuse and recycling containers are prohibited in the front yard.

  • 2. All refuse and recycling containers shall be fully enclosed on four sides by a solid fence, wall, or wall of the principal building a minimum of six feet and a maximum of eight feet in height. The enclosure shall be gated. Such gate shall be solid.

  • 3. Refuse containers are permitted on a temporary basis in all residential zones, subject to the following standards: a. Construction project-related refuse containers must be removed from a property within one week of completion of the construction project.

    • b. All other temporary refuse containers are allowed on a property for up to two weeks.

    • O. Rooftop Accessory Structure

      1. Accessory structures and rooftop features, such as green roofs, rooftop decks, rooftop gardens, stormwater detention systems, and similar accessory structures and uses are permitted on rooftops. Such structures are excluded from the calculation of height.

  • 2. The roof shall contain sufficient space for future necessary operational installations such as mechanical equipment.

  • 3. A rooftop greenhouse is excluded from building height calculations and does not count as a story. A rooftop greenhouse may exceed the building height maximum by no more than 25 feet so long as it is setback a minimum of ten feet from the building facade.

    • P. Satellite Dish Antenna

      1. General Requirements a. Small satellite dish antennas do not require a building permit. Large satellite dish antennas require a building permit.

      • b. Satellite dish antennas shall be permanently installed on a building, in the ground, or on a foundation, and cannot be mounted on a portable or movable structure.

      • c. Subject to operational requirements, the dish color shall be of a neutral color, such as white or grey. No additional signs or advertising is permitted on the satellite dish itself, aside from the logos of the satellite dish service provider and/or dish manufacturer.

      • d. Cables and lines serving ground-mounted satellite dish antennas shall be located underground.

      • e. Compliance with all federal, state, and local regulations is required in the construction, installation, and operation of satellite dish antennas.

      • f. All exposed surfaces of the antenna shall be kept clean and all supports shall be painted to maintain a well-kept appearance.

      • g. Antennas no longer in use shall be immediately removed.

      • h. Every effort shall be made to install satellite dish antennas in locations that are not readily visible from neighboring properties or from the public right-of-way.

  • 2. Small Satellite Dish Antenna Small satellite dish antennas, which are one meter (3.28 feet) or less in diameter, are subject to the general requirements above.

  • 3. Large Satellite Dish Antenna Large satellite dish antennas, which are greater than one meter (3.28 feet) in diameter, are subject to the general requirements above as well as the following requirements: a. Residential Districts i. Large satellite dish antennas, which are greater than one meter (3.28 feet) in diameter, are permitted only in the rear yard, and shall be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.

    • ii. The overall height of a large satellite dish antenna shall not exceed 12 feet.

    • iii. A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes solid fences, plant materials, and/or earth berms located to conceal the antenna and its support structure. Plants shall be, a minimum of five feet tall at the time of installation.

    • b. Non-Residential Districts

      i. Large satellite dish antenna are permitted only in the rear or interior side yard, and shall be set back a distance from all lot lines that is at least equal to the height of the dish, but in no case less than five feet from any lot line.

    • ii. Roof-mounting is permitted only if the satellite dish antenna is screened by an architectural feature. The visible portion of the dish shall not comprise more than 25% of the corresponding height or width of the screen.

    • iii. A large satellite dish antenna shall be located and screened so that it cannot be readily seen from public rights-of-way or adjacent properties. Screening includes solid fences, plant materials and/or earth berms located to conceal the antenna and its support structure. Plants shall be a minimum of five feet tall at the time of installation.

    • Q. Solar Energy System (Accessory Use)

  • 1. General Requirements

    a. A solar panel may be building-mounted or freestanding.

    • b. Solar panels shall be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

  • 2. Building-Mounted System

    a. A building mounted system may be mounted on the roof or wall of a principal building or accessory structure.

    • b. On pitched roof buildings, the maximum height a solar panel shall rise is 18 inches.

    • c. On flat roofed buildings in R-1A, R-1, R-3, and R-P districts, the solar panel system is limited to a maximum height of six feet above the surface of the roof. On flat roofed buildings in all other districts, the solar panel system is limited to fifteen feet above the height of such structure. Roof-mounted solar energy systems are excluded from the calculation of building height.

    • d. Solar panels may project up to two feet from a building façade and shall be integrated into the structure as an architectural feature.

    • e. In the D-1 District, if visible from the right-of-way of any A Street abutting the property, the solar panels shall be integrated into the structure as an architectural feature.

  • 3. Freestanding System

    a. A freestanding system is permitted only in the interior side and rear yard.

    • b. In residential districts and the D-1 district, the maximum height of a freestanding system is eight feet. in all other districts, the solar panel system is limited to the maximum building height for that district, unless otherwise limited by any height restriction imposed by any airport authority, port authority, or other similar federal, state, or local authority.

  • 4. Co-Location Solar panels may be co-located on structures such as communication towers and light poles.

    • R. Swimming Pools and Hot Tubs No private swimming pool or hot tub, or portion thereof, including, but not limited to, aprons, walks, and mechanical equipment, integral to the pool, may be located within a front yard, or within a required corner side or interior side setback.

    • S. Wind Energy System (Accessory Use) Accessory wind energy systems are subject to the following requirements:

  • 1. Wind turbines may be designed as either vertical or horizontal axis turbines with or without exposed blades, including designs that combine elements of the different types of turbines.

  • 2. Wind turbines are subject to the following height restrictions: a. The maximum height of any ground-mounted wind turbine is the maximum height allowed in the district.

    • b. The maximum height of any wind turbine mounted upon a structure is 15 feet above the height of such structure.

    • c. Maximum height is the total height of the turbine system, including the tower and the maximum vertical height of the turbine blades. Maximum height therefore is calculated measuring the length of a prop at maximum vertical rotation to the base of the tower. The maximum height of any ground-mounted wind energy system is measured from grade to the length of a prop at maximum vertical rotation.

    • d. No portion of exposed turbine blades (vertical access wind turbine) may be within 20 feet of the ground. Unexposed turbine blades (horizontal access wind turbine) may be within ten feet of the ground.

  • 3. Ground-mounted wind turbines are permitted only in the rear yard. No part of the wind system structure, including guy wire anchors, may be located closer than ten feet to any lot line. The tower shall be set back from all lot lines equal to the height of the system. No principal buildings may be located within this area.

  • 4. All wind turbines shall be equipped with manual (electronic or mechanical) and automatic over speed controls to limit the blade rotation speed to within the design limits of the wind energy system.

  • 5. Wind turbines shall not exceed 65 dBA, as measured at the lot line. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

  • 6. In the D-1 District, the following additional standards apply to wind turbines: a. Ground-mounted turbines are prohibited.

    • b. Roof-mounted wind turbines are limited to a maximum of 15 feet above the rooftop or parapet, whichever is greater. As part of Downtown Design Review Committee review, this standard may be waived to allow taller structures. Roof-mounted wind turbines are excluded from the calculation of building height.

    • c. Roof-mounted wind turbines shall be set back a minimum of 20 feet from all building walls. As part of Downtown Design Review Committee review, this standard may be waived to allow a lesser setback.

    • d. Shadow flicker shall be confined to the roof of the structure. As part of Downtown Design Review Committee review, this standard may be waived if no negative impacts result from a greater area of shadow flicker.

    • T. Yard Sale Yard sales are allowed as accessory to a residential use and are subject to the following requirements:

  • 1. Yard sales shall be located on private property unless an encroachment permit is approved to allow a yard sale in the public right-of-way.

  • 2. Yard sale events are limited to six events per calendar year on the same lot and a maximum duration of two days per event, with a minimum of 30 days between events.

  • 4. No yard sale shall be conducted before 8:00 a.m. or after 8:00 p.m.

    • U. Accessory Dwelling Unit One accessory dwelling unit per lot shall be permitted in all residential districts under the following circumstances:

  • 1. An accessory dwelling unit may be located within the principal structure, in a permitted outbuilding, or in a detached garage per Section 1302.J.

  • 2. The accessory dwelling unit shall be attached to a foundation and shall not be mobile.

  • 3. An accessory dwelling unit is limited in size to whichever is less: 60% of the gross floor area of the principal dwelling, or 900 sf GFA for a studio or one-bedroom accessory dwelling unit, or 1,200 sf GFA for a two-bedroom accessory dwelling unit. No accessory dwelling unit may have more than two bedrooms.

  • 4. The existence of an accessory dwelling unit does not change the principal use of the property. For example, a single-family dwelling with an accessory dwelling unit is classified as a single-family dwelling.

  • 5. An accessory dwelling unit is considered part of a dwelling for the purpose of determining the number of college students that may occupy the dwelling.

  • 6. Short-term rentals are not permitted within accessory dwelling units.