Notice of Public Hearing
Proposed Amendments to Town of New Shoreham Zoning Ordinance
Section 518 Accessory Family Dwelling Units
Monday, February 6, 2023
at Town Hall, Old Town Road, Block Island RI
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The New Shoreham Town Council will consider amendments to the Zoning Ordinance related to Accessory Family Dwelling Units. Deletions appear crossed out and new language is underlined. The proposed language may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
§ 518. Accessory family dwelling units.
A. Purpose. The purpose of this section is to provide appropriate living accommodations for members of the property owner's family who are 62 years of age or older or who are disabled, or both.
B. General. An accessory family dwelling unit is permitted in all zoning districts and shall not be required to satisfy the dimensional standards for the zoning district in which it is located.
The accessory family dwelling unit must be connected to and accessible from the principal single-family dwelling unit. Accessory family dwelling units in accessory buildings are prohibited.
2. The accessory family dwelling unit must be occupied by a family member of the owner of the principal dwelling unit. The family member must be 62 years old or older, or disabled as defined by R.I. Gen. Laws § 42-87-1.
3. Before a building permit is issued for an accessory family dwelling unit, the property owner must submit to the building official a document from RIDEM certifying that OWTS serving the property will adequately accommodate the accessory family dwelling unit. If the property is served by municipal sewer and/or water, the Water and Sewer Commission shall certify that adequate
sewer capacity has been allocated to the property and that all fees and bills have been paid.
4. Before the accessory family dwelling unit is occupied, the property owner must record a declaration of accessory family dwelling unit in the land evidence records and must provide copies of the recorded document to the building official and the zoning
officer official. The declaration must describe the restrictions imposed on the use by this section.
5. The property shall be held in single, joint, common or otherwise undivided ownership. No condominiums are permitted.
6. When the property is conveyed to a new owner or the occupants of the accessory family dwelling unit no longer reside in it, use of the living area as an accessory family dwelling unit is no longer permitted. The use may be resumed only by the recording of a new declaration of accessory family dwelling unit.
7. No accessory family dwelling unit shall be permitted if the result would be a residential density of more than two (2) dwelling units per lot.
D. The Accessory Family Dwelling Unit shall be subject to approval by the Zoning Official upon confirmation that the aforesaid eligibility criteria are satisfied and that compliance with any applicable State Code requirement has been accomplished.
Posted: January 4, 2023
Hearing: February 6, 2023
Attest: Millicent McGinnes, MMC