ADU rules in Westerly

Westerly's ADU section, § 260-62.1 (added 6-22-2026 by Ord. No. 2093), allows a detached ADU by right in two cases only: inside the existing footprint of an existing detached accessory structure such as a garage, on any residential lot (an upward addition is allowed if the footprint does not grow), or as a new structure on a residential lot of at least 20,000 sq ft. A brand-new detached cottage on a smaller lot is not one of the listed circumstances, and § 260-17D says any use not specifically permitted is prohibited, so that case would need a use variance. This tracks the statute's by-right floor in R.I. Gen. Laws 45-24-73(a), so the directory records 'conditional' with the 20,000 sq ft gate.

§ 260-62.1C(1) permits one ADU as of right in all residential zoning districts 'within an existing remodeled primary residential structure, as an addition to an existing primary residential structure, or within a new primary residential structure.' There is no lot-size or footprint gate, so internal conversions and footprint-expanding additions are both by right on ordinary lots, which goes beyond the statute's 20,000 sq ft and existing-footprint circumstances. The local definition in § 260-62.1A limits ADUs to lots whose principal use is a single-family dwelling or a multifamily dwelling of up to three units; on a lot with four or more units only the state floor applies.

§ 260-62.1E caps a studio or one-bedroom ADU at 900 sq ft and a two-bedroom ADU at 1,200 sq ft, or 60% of the floor area of the principal residential structure, whichever is less, with floor area defined as heated above-ground living space. Every ADU needs at least 360 sq ft of living area and may have no more than two bedrooms. These are exactly the minimum caps R.I. Gen. Laws 45-24-73(b)(1) requires towns to allow. Setbacks and height follow the rules for an accessory or principal structure in the same district (§ 260-62.1E(6)); a detached structure over 550 sq ft, taller than one story or over 20 ft cannot use the reduced accessory setbacks (§ 260-66F(1)).

§ 260-62.1 contains no owner-occupancy requirement. Ord. No. 2093 deleted the old 'accessory family dwelling unit' definition from § 260-9, which had tied the unit to an owner-occupied single-family dwelling and to family members or a caregiver. The state statute requires owner occupancy only for the disability-accommodation circumstance in 45-24-73(a)(1).

The off-street parking table in § 260-77A(1)(a)[1] requires 'one car space for an accessory dwelling unit' (single-family homes need two). § 260-62.1E(2) separately says the ADU parking allowance may be no more than one space per bedroom, which mirrors the state cap in R.I. Gen. Laws 45-24-73(b)(2)(viii). The one-space minimum sits within that cap.

Every ADU form that § 260-62.1C allows is 'permitted as-of-right in all residential zoning districts,' citing R.I. Gen. Laws 45-24-37(e). Approval is a zoning certificate from the Zoning Official, requested through the online Zoning Portal, which must be issued or answered within 20 days (§ 260-29), followed by a building permit. The ordinance creates no special use permit path. An ADU outside the listed circumstances, such as a new detached unit on a lot under 20,000 sq ft, is not provided for and would need a use variance.

R.I. Gen. Laws 45-24-73(b)(8) bars renting any ADU for tourist or transient use or through a hosting platform, meaning stays under 30 consecutive days. Westerly's § 260-62.1D repeats the bar and adds that 'an ADU shall be a year-round rental unit.' The same section says tenants may not be restricted by family relationship, age or income unless an affordability subsidy requires it. Westerly's separate short-term rental ordinance, § 145-25, still lists 'a dwelling unit in an accessory building' among units that may be registered ($500 a year) as a residential zone short-term rental (under 28 days); for an ADU that conflicts with the statute and with § 260-62.1D, which control.