2025-8 An Ordinance in Amendment to the Town Code Title XV Land Usage, Chapter 152, Entitled “Zoning Code”, §400 Definitions, Article 16 Accessory Family Dwelling Unit §1600 Purpose, § 1601 Requirements, §1602 Procedure, §1603 Change of Occupancy.

ORDINANCE OF THE

TOWN OF MIDDLETOWN, RHODE ISLAND

AN ORDINANCE AMENDING THE TOWN CODE OF THE

TOWN OF MIDDLETOWN

TITLE XV: LAND USAGE
Chapter 152, Zoning Code

NOW THEREFORE, BE IT ORDAINED AS FOLLOWS:

FIRST: That Town Code Title XV, Chapter 152, Entitled "Zoning Code" is amended as follows (language to be deleted is [struck] and within brackets; language to be added is underlined):

§ 400 DEFINITIONS.

[ACCESSORY FAMILY DWELLING UNIT. An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.]

ACCESSORY DWELLING UNIT (ADU). A residential living unit on the same lot where the principal use is a legally established single-family dwelling unit or multi-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.

ARTICLE 16 ACCESSORY [FAMILY] DWELLING UNIT

§ 1600 PURPOSE.

The purpose of this subchapter is to allow accessory dwelling units (ADU) as a permitted use throughout the town subject to the limitations specified in this article, and [parent(s), grandparent(e), children or grandchildren of owner occupant of single family dwellings to live in a separate dwelling unit within the principal dwelling.] without converting [the] a principal single-family dwelling into a two-family dwelling.

§ 1601 REQUIREMENTS.

(A) [No part of any dwelling shall be used as an accessory family dwelling unit until the Zoning Board of Review has granted a special use permit under Article §; all requirements of this subchapter are satisfied; and the Zoning Officer has issued a certificate of zoning compliance under § 311.]

An

property containing an accessory family dwelling unit shall retain the appearance and character of a single-family property. One ADU per lot in a residential zoning district 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 proposed ADU is located within the existing footprint of the primary residential structure or existing accessory attached or detached structure and does not expand the footprint of the structure.

(4) An ADU shall contain no more than two (2) bedrooms.

(C) [The right to use part of a single-family dwelling as an accessory family dwelling unit shall automatically be terminated when the accessory unit is no longer occupied by parent(s), grandparent(e) children or grandchildren of the primary dwelling occupant.] A studio or one bedroom ADU shall not be greater than nine hundred square feet (900 sq. ft) floor area, or sixty percent (60%) of the floor area of the resulting principal dwelling unit on the subject lot, whichever is less; and a two (2) bedroom ADU shall not be greater than twelve hundred square feet (1,200 sq. ft.) floor area, or sixty percent (60%) of the floor area of the resulting principal dwelling unit on the subject lot, whichever is less.

(D) The dimensional requirements for a standalone ADU shall be those applied to an accessory structure within the subject zoning district.

(E) A standalone ADU contained within a newly constructed structure shall not be located in the front yard, which is the portion of the lot between the principal dwelling structure and a street.

(F) Zoning dimensional relief shall not be required for an ADU proposed within the existing footprint of the primary or accessory structure which is a legal nonconforming structure.

(G) One off-street parking space shall be required for each ADU bedroom in addition to the number of spaces required by this chapter for the other uses on the lot.

§ 1602 [PROCEDURE.] OTHER PROVISIONS

[ In addition to satisfying the requirements of § 305, a certificate of zoning compliance for an

been abandoned. Such security deposit shall be forfeited if the owner occupant fails to give proper notice to the town pursuant to § 1603 that no parent(s), grandparent(s), children or grandchildren identified in the affidavit continues to occupy the accessory unit. If such notice is not given and the accessory family dwelling unit is occupied by one or more persons who are not parent(s), grandparent(s), children or grandchildren, the owner occupant, in addition to forfeiting the surety deposit, shall be subject to the enforcement provisions of § 316.

(A) An application for an ADU which is not allowed by right under this section, shall not, by itself, be reviewed as a minor land development or major land development project.

(B) ADUs are allowed as part of applications for new primary dwelling units or subdivisions. For proposed ADUs that are part of a larger development proposal, the ADU shall not count toward the density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.

(C) ADUs shall not be offered or rented for short-term, tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2 RIGL.

[§ 1603 CHANGE OF OCCUPANCY.]

If an accessory family dwelling unit is no longer occupied by parent(s), grandparent(s) children or grandchildren of an adult occupant of the principal dwelling unit, an adult owner occupant of the principal dwelling unit shall within 30 days sign an amended affidavit. The amended affidavit shall either identify the current occupants of the accessory unit, in accordance with § 1602, or state that the use of part of the principal dwelling for an accessory family dwelling unit has been abandoned. This division shall not prohibit a transfer of ownership and/or occupancy of the primary dwelling provided that at approximately the same time the accessory unit is occupied by one or both parent(s), grandparent(s), children or grandchildren of the new owner occupants of the primary unit.

SECOND: The use table in §602 - is amended to make the changes identified in the attached document.

THIRD: This ordinance shall take effect upon adoption and its provisions shall supersede any inconsistent or

Language to be deleted is struck; language to be added is underlined

Zoning Ordinance § 602 SCHEDULE OF DISTRICT REGULATIONS - USES AND DISTRICTS.
(A) The following uses are permitted only in the zoning district marked with a "Y". Uses permitted in the zoning district as a special use under the provisions of uses requiring a variance or special use permit or Article 9 are marked with an "S". Where the letter "N" appears, the use is prohibited.
(B) Any use which is not specifically included in the use provisions herein is prohibited everywhere in the Town of Middletown, unless the Zoning Officer makes an interpretation that such use is included in any of the sub-classifications set forth herein. Uses not specified in this chapter may be permitted only if the Zoning Officer makes an interpretation that they are included in a use sub-classification permitted in the zoning district and if such use would be consistent with the purposes and intent of this chapter.

ZONING DISTRICT PERMITTED USES

Y = Permitted S = Special Use N = Not Permitted

PRINCIPAL USE
ZONING DISTRICT

R60 R40 R30 R20 R10 RM GB LB OB LI¹ LI² OP OS P MT ABD

NOTES:

RESIDENTIAL - Conventional Development

Single-family dwellings Y Y Y Y Y Y Y Y N N N N N Y Y

Two-family dwellings N N N S S Y N N N N N N N N N N

Multifamily dwelling structure (3 - 6 dwelling units per lot)
See §§ 1500 - 1508

	R60	R40	R30	R20	R10	RM	GB	LB	OB	LI 1	LI 2	OP	OS	P	MT	ABD
Multifamily dwelling project, including condominiums See §§ 1500 - 1988	N	N	N	N	N	S	N	N	N	N	N	N	N	N	N	N
Mobile home parks See §§ 2300 - 2314	N	N	N	N	N	N	N	N	N	N	N	N	N	N	Y	N
Transient trailer parks	N	N	N	N	N	N	N	N	N	N	N	N	N	N	Y	N
Motel or hotel	N	N	N	N	N	S	S	S	N	S	N	N	N	N	S
Rooming houses	Y	Y	Y	Y	Y	N	Y	N	N	N	N	N	N	N	N
Single mobile home or transient trailer on a lot	N	N	N	N	N	N	N	N	N	N	N	N	N	Y	Y
Institutional dormitory as a principal or accessory use	N	N	N	N	S	S	S	S	N	N	N	N	N	N	N
Cluster development	N	N	Y	Y	Y	N	N	N	N	N	N	N	N	N	N
Family day care home	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Community residence	Y	Y	Y	Y	Y	Y	Y

	R60	R40	R30	R20	R10	RM	GB	LB	OB	LI 1	LI 2	OP	OS	P	MT	ABD
Mixed Use Development Projects See §§ 27A00 - 27A07	N	N	N	N	N	N	Y	Y	N	N	N	N	N	N	N	Y
Adaptive reuse See § 728	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
Congregate housing	S	S	S	S	S	N	N	N	N	N	N	N	N	N	N	N
Accessory Dwelling Unit (ADU) See Article 16	Y	Y	Y	Y	Y	Y	N	N	N	N	N	N	N	N	N

RESIDENTIAL - Conservation Development

Single-family Y Y Y Y Y Y N N N N N N N N N N N
Two-family Y Y Y Y Y Y N S S N N N N N N N
Multifamily project, including only townhouse style condominiums N N Y Y Y Y N S S N N N N N N N
Accessory Dwelling Unit (ADU) See Article 16 Y Y Y Y Y Y N N N N N N