Proposed Amendments to comply with State enabling act amendments to New Shoreham Zoning Ordinance Article 2 Section 202 Definitions Items 3, 4.1, 48, and 137; Article 4 Criteria for Special Use Permits Section 405 Affordable Housing; Article 5 Performance Standards Section 502 Off-Street Parking/Sidewalks, Section 510 Accessory Use, and Section 513 Accessory Dwelling Units; and Zoning Appendix B Use Categories Allowed by Zoning District
Wednesday, April 15, 2026
at Town Hall, Old Town Road, Block Island, RI
7:00 PM
Watch on Youtube: www.youtube.com/@Town-NewShoreham/streams
The New Shoreham Town Council will consider amendments to the Zoning Ordinance. Language proposed to be deleted is shown in strikeout strikeout. 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.
ARTICLE 2
Definitions
§ 202. Definitions.
3. ACCESSORY DWELLING UNIT – 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. parcel as a legally established principal use. An Accessory Dwelling Unit 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.
4.1 Accessory family dwelling unit. An apartment connected to and accessible from a single-family dwelling unit that contains permanent provisions for living, sleeping, eating, cooking, and sanitation and is occupied by a family member of the property owner who is 62 years old or older or is disabled, as defined by R.I. Gen. Laws § 42-87-1. See § 518, Accessory Family Dwelling Units. [Added 3-5-2018 by Ord. No. 2018-01]
48. DENSITY, RESIDENTIAL — The number of dwelling units per developable land area that may be constructed on a given lot. The density is calculated by dividing the number of dwelling units by the total developable land area on the lot. Accessory Dwelling Units are not included in the calculation of residential density in a larger development proposal.
137. MULTI-FAMILY DEVELOPMENT — A land use wherein two or more dwelling units are located on a single lot. This does not include Accessory Dwelling Units may exist on lots in addition to multi-family developments, but are distinct. See also "Secondary Dwelling Development." (See § 403, Secondary Dwelling Development,) [Amended December 6, 2004; July 2, 2007; 3-20-2024 by Ord. No. 2024-09]
ARTICLE 4
Criteria for Special Use Permits
§ 405. Affordable Housing.
B. Procedures. A Special Use Permit to allow an increase in residential density, or to allow for any other applicable reductions, increases or allowances that may be allowed pursuant to this section, may be granted by the permitting authority to allow the creation of affordable housing, as defined in § 202. Before action is taken by the permitting authority on any such application for affordable housing, it shall be submitted to the Block Island Housing Board for their review and recommendation. Such use shall also require Development Plan Review by the Planning Board under the provisions of § 704 and Article XI § 1100 of the Land Development and Subdivision Regulations when the project does not involve the subdivision of land. When a development for affordable housing requires the subdivision of land the application shall proceed under either a minor or major subdivision as determined in the Land Development and Subdivision Regulations.
G. 3. Concerns regarding drainage, water quality, traffic and access, as applicable, have been adequately addressed, and parking commensurate with projected need has been provided onsite, including the minimum of two spaces per dwelling unit as well as that for additional considering expected vehicle ownership, and with consideration of guest parking needs. As a condition of approval, the Zoning Board may require parking spaces in excess of that required under § 502.
ARTICLE 5
Performance Standards
§ 502. Off-Street Parking/Sidewalks.
A. 1. Accessory Dwelling Unit. One parking space in addition to any other off-street parking requirement for other structures and uses on the property.
4. Dwelling Units (Not including Accessory Dwelling Units): Two parking spaces per dwelling unit. In Old Harbor Commercial Zone (OHC): One parking space per dwelling unit.
§ 510. Accessory Use/Home Occupation.
A. Standards. The following are required for accessory uses not allowed at that location as a principal use:
1. The use shall not be advertised or identified on site.
2. The use shall be carried on by a resident of the property and no more than one non-resident employee.
3. The use shall be conducted in a workshop, studio or office entirely contained within a lawfully existing structure and shall not occupy more than 25% of the building footprint.
4. The parking or storage of equipment shall be confined to an area not exceeding 10% of the developable land area of the lot, located at least 50 feet from the primary access road, and screened by a six-foot hedge or fence.
5. The on-site sale of anything other than products produced on site is not an accessory use.
6. The use shall not be permitted without the principal use to which it is related, and shall conform to the standards set forth in this Section.
7. Renting of an Accessory Dwelling Unit is not a Home Occupation.
§ 513. Accessory Dwelling Units
A. Purpose. The purpose of this section is to create housing opportunities through the provision of rental housing for year-round residents while affording the owner of the primary residence with the opportunity to generate supplemental income. The purpose of this section is also to support local businesses by allowing for employee housing in permitted zones for those deriving income from seasonal employment on the island.
B. Standards for Accessory Dwelling Units-General Standards. All Accessory Dwelling Units shall conform to the following:
1. Rental. May be rented in accordance with Section C1 (1) Standards for Residential Zones, Section C2: (2) Standards for Commercial Zones and Section F, Maintaining Accessory Dwelling Units, below. Accessory Dwelling Units shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in Rhode Island General Laws § 42-63.1-2.
2. Location.
a. Such use may be connected to and accessible from the principal use or building or a separate unit on the same lot.
b. Any proposed Accessory Dwelling Unit may be located:
- On an owner-occupied property as a reasonable accommodation for family members with disabilities; OR
- within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure; OR
- On a lot with a total area of twenty thousand square feet (20,000 sq. ft) or more for which the primary use is residential.
c. Accessory Dwelling Units may additionally be located on any residential lot if it otherwise meets the standards of this Ordinance, including without limitation, a special use permit if necessary.
3. Ownership. The property together with the principal use or structure and Accessory Dwelling Unit shall be held in single, joint, common or otherwise undivided ownership. No condominiums are permitted.
4. Sanitary Facilities. Provision(s) for sanitary facilities for all of the uses on the lot shall be provided. Infrastructure improvements required for such provision are only required in connection with the ADU to the extent that such improvements and/or modifications are required by an applicable state agency or compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU. Any OWTS system serving the property shall have been certified by applicable state and local authorities to be adequate and suitable for the additional anticipated usage. If the property is served by municipal sewer the Sewer Commission shall certify that adequate sewer capacity has been allocated to the property and that all fees and bills have been paid.
5. Parking. Provide a minimum of one (1) on-site, off street, parking space for each Dwelling Unit beyond what is already required for the primary use.
6. Life Safety. Adequate escape route(s), functioning smoke detectors, carbon monoxide detectors and any other local or state required safety device of a type and location provided in the State Fire Code shall be provided for all uses on the property.
7. Number of Bedrooms. There shall be maximum of three (3) bedrooms unless a Special Use Permit is obtained in accordance with Section DE below.
8. Maximum Square Footage. There shall be a maximum of twelve hundred (1,200) square feet of living floor area unless a Special Use Permit is obtained in accordance with Section D below.
9. Minimum living area. There shall be a minimum living area consistent with Rhode Island Housing Code, R.I. Gen. Law 45-24.3-11.
10. Dimensional Standards. The Accessory Dwelling Unit must not exceed dimensional requirements or other development standards established for accessory structures within the applicable Zoning District.
11. Dimensional Incentive. For lots of record that are substandard by lot area, the first 600 square feet of a new Accessory Dwelling Unit may be excluded from the calculation of lot building coverage for the sole purpose of creating the Accessory Dwelling Unit. The owner shall execute and record against the deed to said property a restriction that in exchange for the bonus, the Accessory Dwelling Unit created shall remain part of the island’s attainable year-round housing stock for a period not less than fifteen (15) years from the date of the issuance of the certificate of use and occupancy
12. Occupancy:
- Accessory Dwelling Units may not be owner-occupied if the principal use dwelling unit is offered for tourist or transient use pursuant to R.I. Gen. Law 42-63.1-14.
- Occupancy of Accessory Dwelling Units is limited as identified in Specific Standards, Sec. 513C.
C. Specific Standards.
1. Standards for Residential Zones. In addition to the Section 513B General Standards above, the following standards shall apply to such Accessory Dwelling Units located in the RA Zone, the RB Zone, the RC Zone, the RC/M Zone, and the M Zone.
a. Modifications to the exterior of an existing principal structure resulting from the installation of an Accessory Dwelling Unit, or the design and construction of new homes with an Accessory Dwelling Unit integrated into the design from the start, shall be consistent with the principal building's predominant character as a single-family home. Only one (1) main entrance for each will be permitted. All other entrances shall be located at the side or rear of the building. The Building Official shall determine to what degree interior or exterior modifications shall be made to conform to the requirements of the state building code for life safety and fire separation.
b. There shall be a maximum of one (1) Accessory Dwelling Unit per lot without a Special Use Permit.
c. As a condition for the issuance and continued validity of an occupancy permit for an Accessory Dwelling Unit, the owner shall execute and record against the deed to said property a restriction, running with the land and in favor of the Town, to the effect that oOccupancy of the an Accessory Dwelling Unit shall be limited to persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham). and that the
d. Accessory Dwelling Units may not be offered, nor used, for seasonal occupancy.; and
e. Tthe owner of any ADU shall file with the Town, prior to issuance of an occupancy permit and on or before December 31 of any odd year and within thirty (30) days of any change in ownership of the premises, an affidavit, signed under the penalties of perjury by the owner of the premises, attesting to the fact that the Accessory Dwelling Unit is, and will be, limited to occupancy by persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) and that the Accessory dwelling Dwelling Unit will not be offered, nor used, for seasonal occupancy. The affidavit shall be renewed by the owner of the premises every two (2) years as a condition for retaining an occupancy permit for the Accessory Dwelling Unit.
2. Standards for Commercial Zones. In addition to the Section 513B General Standards above, the following standards shall apply to Accessory Dwelling Units located in the SC Zone, the OHC Zone and the NHC Zone:
a. There shall be a maximum of three (3) Accessory Dwelling Units per lot without a Special Use Permit.
b. As a condition for the issuance, and continued validity, of an occupancy permit for any Accessory Dwelling Unit, the owner shall execute and record against the deed to said property a restriction, running with the land in favor of the Town, to the effect that occupancy Occupancy of the Accessory Dwelling Unit shall be limited to persons resident in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) or deriving income from employment on the Island. and that the dwelling
c. Accessory Dwelling Units may not be offered, nor used, for seasonal occupancy except for seasonal occupancy by persons deriving income from employment on the Island.; and t
d. The owner of any ADU shall file with the Town, prior to issuance of an occupancy permit and within thirty (30) days of any change in ownership of the premises on or before December 31 of any odd year, an affidavit, signed under the penalties of perjury by the owner of the principal structure, attesting to the fact that the Accessory Dwelling Unit is, and will be, limited to occupancy by persons residing in the Town year-round (as defined in Chapter 2, Article I, Section 2-2 of the Revised Ordinances of the Town of New Shoreham) or deriving income from employment on the Island and that the Accessory Dwelling Unit will not be offered, nor used, for seasonal occupancy except for seasonal occupancy by persons deriving income from employment on the Island. The affidavit shall be renewed by the owner of the premises every two (2) years as a condition for retaining an occupancy permit for the Accessory Dwelling Unit.
c. e. A separate affidavit shall be required for each Accessory Dwelling Unit clearly identifying the Dwelling Unit and distinguishing it from any other Accessory Dwelling Units on the property.
3. Standards for Town Employee Accessory Dwelling Units.
In addition to the Section 513 (B) General Standards above, the following standards shall apply to all Accessory Dwelling Units for Town Employees:
- Accessory Dwelling Units owned by the Town of New Shoreham and constructed principally for the purpose of providing housing for employees serving necessary local government functions shall be exempt from the Standards of C (1)
(b), C (1)(c);, C (2);. EF (2); and EF (3); and GH (2) of Section 513.
b. There shall be no more than four (4) Accessory Dwelling Units on a lot owned by the Town of New Shoreham. Such Accessory Dwelling Units shall be permitted, without regard to the residential density requirements of the zoning district in which the lot is situated.
c. If, at such time after the construction of the permitted dwelling unit(s) for the purpose of providing housing for employees serving necessary local government functions, there becomes no immediate need for the housing by the Town, it may be rented, on a yearly basis, to a resident qualifying as a low or moderate income person or family.
D. d. Procedure.
1. Building Permit Process. All applications for a building permit for an ADU shall be reviewed and approved as set forth in Section 701.
2. Accessory Dwelling Units- Administrative Process. One Accessory Dwelling Unit per lot in a residential district shall be allowed by right if it meets the standards found in the above § 513(B)(2)(b). Only such an Accessory Dwelling Unit will be reviewed only through the administrative building permit process, set forth in Section 701.
3. Accessory Dwelling Units- Development Plan Review Process. Notwithstanding any other provisions of this Ordinance, no other construction of or alterations to buildings or structures for the development of Town Employee Accessory Ddwelling units, other than the first unit per lot in a residential district as provided for by § 513D(2), shall be permitted until development plans have been reviewed and approved by the Planning Board as set forth in Section 704, Development Plan Review.
ae. Plans Required. In addition to any applicable submittals required under Development Plan Review, the applicant shall submit:
bf. Standards of Review. No final approval of any development plan for building construction or alteration or other site improvements may be granted by the Planning Board until it has reviewed the plans in accordance with, but not limited to, the following:
ED. Accessory Dwelling Units by Special Use Permit
1. Applicability The following Accessory Dwelling Units require a Special Use Permit:
a. An Accessory Dwelling Unit greater than 1,200 square feet of living floor area, up to a maximum of 1,500 square feet of living floor area in a proposed new accessory structure.
b. A second Accessory Dwelling Unit on any lot proposed within aA structure existing as of July 1, 2022, greater than 1,200 square feet of up to 1,800 square feet of living area, may be converted proposed for conversion into an accessory Accessory Dwelling Unit, upon the granting of a Special Use Permit by the Zoning Board of Review.
c. An Accessory Dwelling Unit greater than three (3) bedrooms up to a maximum of four (4) bedrooms.
d. An Accessory Dwelling Unit proposed in a primary or accessory structure that is lawfully established preexisting non-conforming pursuant to R.I.G.L. §45-24-73(b).
e. In the RA Zone, the RB Zone, the RC Zone, the RC/M Zone, and the M Zone, two (2) Accessory Dwelling Units may be permitted if the result would be a residential density of not more than three (3) dwelling units per lot.
ef. In the SC Zone, the OHC Zone and the NHC Zone, more than three (3) Accessory Dwelling Units may be permitted.
Exception
Upon granting of a Special Use Permit by the Zoning Board of Review, for lots of record that are substandard by lot area, the first 600 square feet of a new Accessory Dwelling Unit may be excluded from the calculation of lot building coverage for the sole purpose of creating the Accessory Dwelling Unit. The owner shall execute and record against the deed to said property a restriction that in exchange for the bonus, the Accessory Dwelling Unit created shall remain part of the island’s attainable year-round housing stock for a period not less than fifteen (15) years from the date of the issuance of the certificate of use and occupancy.
2. Requirements.
a. An application must be submitted for a Special Use Permit. Any such application shall also obtain an advisory recommendation from the Planning Board to the Zoning Board of Review, on the issuance of the Special Use Permit. Prior to the approval of an application submitted under this section, the Zoning Board of Review shall determine that the application meets the General Criteria for a Special Use Permit contained in § 401, General Criteria for a Special Use Permit.
b. If the grant of a special-use permit would result in the creation of more than one Accessory Dwelling Unit on the Property, a separate affidavit in compliance with Section 513C shall be required for each Accessory Dwelling Unit clearly identifying the Dwelling Unit and distinguishing it from any other Accessory Dwelling Units on the property.
3. Expedited Approval Process (“EAP”)
- An Accessory Dwelling Unit that requires a Special use Permit under Section 513
DE: Accessory Dwelling Units by Special Use Permit, but otherwise conforms to all other applicable standards and dimensional regulations contained in this Ordinance, shall be exempt from having to obtain a Special Use Permit if an application for building permit is filed with the Building Official for review and approval, and said application includes at the time of filing:
EF. Additional Requirements For All Accessory Dwelling Units:
Prior to issuance of a Building Permit and/or any permit of occupancy for any Accessory Dwelling Unit, the Property owner shall:
2. Record a declaration in the land evidence records and provide a copy to the Zoning Official and Building Official, detailing all use restrictions, including a restriction in favor of the Town, that occupancy of the Accessory Dwelling Unit shall be restricted as set forth in this ordinance, and
3. File with the Town, and again within thirty (30) days of any change in ownership of the premises, an affidavit that the Accessory Dwelling Unit is, and will be, limited to the restricted occupancy as set forth in this Ordinance, pursuant to 513C. The affidavit shall be renewed by the owner of the Property every two (2) years in the manner described in 513C.
FG. Maintaining an Accessory Dwelling Unit
1. All Accessory Dwelling Units shall be rented only by a written rental agreement which shall be kept by the owner and filed with the Zoning Official. Personal, financial or protected information may be redacted.
21. For all Accessory Dwelling Units, except Town Employee Accessory Dwelling Units, once the individual(s) identified in the rental agreement no longer reside in the premises on a permanent basis, or the title is transferred, the property owner shall notify the zoning official in writing, and the Accessory Dwelling Unit shall be considered abandoned pursuant to §513(G).
3. All owners must file with the Town within thirty (30) days of any change in ownership of the premises, an affidavit pursuant to 513C that the Accessory Dwelling Unit is, and will be, limited to the restricted occupancy as set forth in this Ordinance. The affidavit shall be renewed by the owner of the Property every two (2) years as provided in 513 C.
42. Fire escape routes, smoke detectors, carbon monoxide detectors and any other local or state required safety device of a type and location provided in the State Fire Code shall be properly maintained at all times.
53. Accessory Dwelling Units shall be subject to inspection by the Zoning Official and/or Building Official upon forty eight (48) hours’ prior notice of the date, time and purpose of the inspection.
GH. Termination, Abandonment and Release.
1. Abandonment of Use. Any property owner with an Accessory Dwelling Unit may voluntarily terminate the use and obtain a written release of the restrictions recorded under Section 513C and/or Section 513E(2) by abandoning the use in accordance with the following procedure:
2. If any Accessory Dwelling Unit is not rented or occupied, in accordance with the terms of this Section, for a period in excess of one year, the Accessory Dwelling Unit use may be considered to have been abandoned, which will serve to revoke its permitted status as an ADU, in accordance with the following procedure:.
a. The Building Official and/or Zoning Official shall conduct an investigation, document his or her findings, and notify the property owner of his or her determination as to whether the ADU has been abandoned. In the Notice the Building Official and/or Zoning Official shall advise the property owner that a new application for a Special Use Permit for an ADU will be required to reacquire the use, pursuant to the procedure applicable to acquiring the ADU use pursuant to Sec. 513.
b. If no response application is received, the Building Official and/or Zoning Official shall record the a Notice that the ADU was abandoned, revoking the permitted status of the ADU on the Land Evidence Records.
c. In instances where a Notice revoking the permitted status of the ADU has been recorded, Thereupon, the owner shall be responsible to convert the dwelling unit from a dwelling unit to another use by, at a minimum, removing all cooking appliances and kitchen plumbing such that any reconversion to a dwelling unit will require a building permit. Failure to convert as required may be deemed a zoning violation enforceable by Sec. 707 of this Ordinance.
d. After the date of the involuntary abandonment, the Building Official or his or her designee shall inspect the dwelling unit and certify in writing that the dwelling unit has been abandoned stating the date of the inspection, specifically what alterations were made by the owner in converting the dwelling unit and to what use it has been converted. The Building Official shall ensure that all alterations have been done according to code requirements.
This does not preclude the Building Official and/or Zoning Official from pursuing any other violation of the terms of this Section by someone, for example, renting the unit weekly at market rates.
ZONING APPENDIX B. - USE CATEGORIES ALLOWED BY ZONING DISTRICT
P = Permitted Use
S = Special Use
X = Not Allowed/Prohibited
LDP = Land Development Project
* Under Section 513, Accessory Dwelling Units are a permitted use provided all applicable standards are met; otherwise, a Special Use Permit is required.
** Under Section 405E, Affordable Housing, uses otherwise not permitted may be permitted by special use permit under required standards.
***Under Section 508, WECS are a permitted use provided all applicable location and general standards can be met; otherwise a Special Use Permit is required.
Posted: March 20, 2026
Hearing: April 15, 2026
Adopted:
Effective:
Posted:
Attest: Millicent M. Highet, MMC
Town Clerk