Accessory Dwelling Units

6.18-1. Permitted use. Notwithstanding any other provision of this Section, an accessory dwelling unit (“ADU”) that meets the requirement of RIGL 45-24-73(a) shall be a permitted use in all residential zoning districts through an administrative building permit process only.

(Ch. 8558, Sec. 1, 3-3-2025)

6.18-2. Pursuant to 45-24-37, one (1) 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 twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or
• (3) Where the propose ADU is located within the existing footprint of the primary structure of existing accessory attached or detached structure and does not expand the footprint of the structure.

(Ch. 8558, Sec. 1, 3-3-2025)

6.18-3. Uniform standards. Accessory dwelling units under this section shall be limited to the following, subject to applicable dimensional requirements:

• (1) A studio or one (1) bedroom ADU of at least nine hundred square feet (900 sq. ft). or sixty percent (60%) of the floor area of the principal dwelling, whichever is less; or
• (2) A two (2) bedroom ADU of at least twelve hundred square feet (1,200 sq. ft.), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less.

(Ch. 8558, Sec. 1, 3-3-2025)

6.18-4. For all ADU applications, the City shall not impose those restriction as set forth in RIGL 45-24-73(b)(2).

(Ch. 8558, Sec. 1, 3-3-2025)

6.18-5. An application for an ADU which is not allowed by-right under this Section, shall not, by itself, be review as a minor or major land development project.

(Ch. 8558, Sec. 1, 3-3-2025)

6.18.6. ADUs shall be allowed as part of applications for new primary dwelling units or subdivisions. For proposed ADUs that are part of a larger development proposal, such ADUs shall not be counted towards density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.

(Ch. 8558, Sec. 1, 3-3-2025)

16.18-7. Unified development review for any application that includes ADUs.

(Ch. 8558, Sec. 1, 3-3-2025)

16.18-8. ADUs shall not be exempt from any utility assessments and/or tie in fees.

16.18-9. 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.

(Ch. 8558, Sec. 1, 3-3-2025)

16.19. Telecommunications Facilities.

6.19-1. Applicability. No telecommunication facilities shall be erected or installed except in compliance with the provision of this subsection. The provisions of this subsection apply to all as a principal use or as an accessory use. Where conflicts exist between this subsection and the remainder of this ordinance, the provisions of this subsection shall govern.

6.19-2. Development standards. The following standards shall apply to all applications:

6.19-2.1 A reasonable effort shall be made to utilize existing structures for telecommunication antennae. Should an existing structure not be utilized, evidence as to why not shall be submitted.

6.19-2.2. City owned sites which are located in the prospective area and which could potentially accommodate the proposed antennae and communication towers shall be identified.

6.19-2.3 Communication towers shall be set back from all property lines a minimum of one (1) foot for each one (1) foot of setback distance shall be one and one-half (1½) feet for each one (1) foot of tower height. All guy wires and guyed towers shall be clearly marked so as to be visible at all times and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.

6.19-2.4 All communication tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communication tower is located, but no less than twenty-five (25) feet. When located in or abutting a residential district, the minimum distance shall be thirty-five (35) fee. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten (10) foot horizontal setback from any overhead utility line.

6.19-2.5 Communication equipment buildings and structures shall be considered accessory uses and comply with the following setbacks:

6.19-2.5-1. Equipment, buildings, and structures which are one hundred (100) square feet or less shall be set back from all property boundaries a minim of fifteen (15) feet, unless located in or abutting a residential district which shall require a minimum setback of twenty-five (25) feet.

6.19-2.5-2. Equipment, buildings, and structures which are greater than one hundred (100) square feet shall be set back from all property boundaries a minimum of twenty-five (25) feet unless located within or abutting a residential district which shall require a minimum of thirty-five (35) feet.

6.19-2.6. Communication towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Tower bases shall be completely screened from the adjacent properties and streets by plantings and appropriately camouflaged if required. Plantings shall be of such height and density as to ensure complete screening. Screening shall consist of plant and/or tree material accepted by the Subdivision & Land Development Regulations or as accepted by the Director of Planning & Development, in consultation with the Director of Public Works. Screening shall not be less than five (5) feet in width unless located in or abutting a residential district which will require that it not be less than ten (10) feet in width. Screening may be waived by the permitting authority on those sides or sections which are adjacent to undevelopable lands or lands not in public view. Existing vegetation may be used as a substitute for, or supplement towards, meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within thirty (30) days.

6.19-2.7. Communication towers shall be enclosed by a fences no less than eight (8) feet in height or more than ten (10) fee in height from the finished grade. Access shall be through a locked gate. Communication towers in or abutting a residential district shall have fencing comprise of wood or stone.

6.19-2.8. Finished Color. Communication towers not requiring Federal Aviation Administration (FAA) painting/marking shall have either a galvanized finish, or painted a non-contrasting blue or gray finish, or other color matching the natural surroundings.

6.19-2.9. Communication towers shall not be artificially lighted except as required for public safety purposes, by the FAAA or by the City.

6.19-2.10. No signs shall be allowed on any communication tower except as required for public safety purpose by the Federal Communications Commission (FCC) or by the City.

6.19-2.11. Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Zoning Official who shall have the right to request documentation and/or affidavits from the communication tower owner and/or operator regarding the issue of tower usage. Upon such abandonment, the owner and operator of the tower shall have an addition one hundred eithgty (180) days within which to:

2.19-2.11-1. Reactive the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

2.19-2.11-2. Dismantle and remove the tower. At the earlier of one hundred eighty-one (181) days from the date of abandonment without reactivation, the tower shall be dismantled and removed.

6.19-2.12. Communication antennas not attached to a communication tower shall be permitted as an accessory use to any commercial, industrial, office, institutional, or public utility structure, provided that:

6.19-2.12-1. Then antennas are not higher than twenty-five (25) feet above the highest point of the structure:

6.19-2.12-2. Then antennas comply with applicable FCC and FAA regulations; and

6.19-2.12-3. Then antennas comply with all applicable zoning requirements and building codes, with the exception of the restriction pertaining to height limitations.

6.19-2.13. Co-Location of Communication Antennas. To minimize adverse visual impacts associated with the proliferation and clustering of communication towers, co-location of communication antennas by more than one (1) carrier on existing or new communication tower shall take precedent over the construction of new single-use communication towers as follows:

6.19-2.13-1. Proposed communication antennas may and are encouraged to co-locate onto existing communication towers. Provided such co-location is accomplished in a manner consistent with this subsection, then such co-locations are permitted by-right and new additional special exception approval shall not be required.

6.19-2.13-2. Type of Construction. A communication tower which is modified or reconstructed to accommodate the co-location of an additional communication antenna shall be of the same tower type as the existing commination tower.

6.19-2.13-3. Height.

6.19-2.13-3.1. An existing communication tower may be modified or rebuilt to a taller height, not to exceed twenty-five (25) feet over the tower’s existing height, to accommodate the co-location of additional commination antennas.

6.19-2.13-3.2 The height change referred to in subsection 6.19-2.13-3.1 above, may only occur one (1) time per communication tower.

6.19-2.13-3.3 The additiona height referre to subsection 6.19-2.13-3.1 shall not require an additional distance separation as set forth in subsection 6.29-2.14. The communication tower’s premodification height shall be used to calculate such distance separation.

6.19-2.13-4. On-Site Location.

6.19-2.13-4.1. A communication tower which is being rebuilt to accommodate the co-location of an additional communication antenna may be moved on-site within fifty (50) of its existing location but shall not encroach on the required yard setbacks.

6.19-2.13-4.2. After the communication tower is rebuilt to accommodate co-location, only one (1) tower may remain on the site.

6.19-2.13-4.3. A relocated on-site communication tower shall continue to be measured from the original tower location for the purpose of calculating separation distances between communication towers pursuant to subsection 6.19-2.14. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 6.19-2.14.

6.19-2.13-4.4. The on-site relocation of a communication tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection 6.19-2.14 shall only be permitted when notarized written consent is obtained from those affected residential property owners, which consent shall be recorded the City Clerk’s Land Evidence Records Office.

6.19-2.14. Communication towers shall comply with the following standards for the minimum separation distance from existing communication tower and/or communication towers that have received a valid special user permit, and/or building permit.

Minimum Separation Between Towers (By Tower Type)

6.19-2.14-1. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

6.19-2.14-2. Separation distances shall be measured from the Global Positioning System location of the existing, approved, or proposed communication tower. A certified survey showing the GPS location of the proposed communication tower shall be submitted with any application for a special use permit, and/or building permit to demonstrate conformatnce with separation requirements.

6.19-2.14-3. Communication tower which exist prior to the passage of this subsection are exempt from the seapartion distance aforementioned.

6.19-2.15. Allowed telecommunications towers shall specifically include monopole towers, lattice type and guyed wire towers.