Attachments

20251224-150559-f64-n-wtc amended ADU ord 12-9-25.pdf

Needing to update local mandates to reflect those already in place at the state level, the town council at its December 9 meeting approved a first draft amending the existing ordinance pertaining to accessory dwelling units, commonly referred to by the acronym ADUs.

In passing the revised legislation initially, the council also forwarded it to the planning board for its review, as required, at the latter's meeting later in December and also set up a second reading/public hearing on the matter at its next monthly gathering in January. Upon second passage at that time, the amended ordinance would take effect.

The updates (see attachment) were made to the Chapter 32-Zoning of Warren's ordinance book. The specific revisions were in Article VIII-Zoning District Use Regulations, Sec. 32-47 Residential uses as well as Article XXIV. Accessory Dwelling Units, Sec. 32-131 Accessory Dwelling Units by Right., Sec. 32-132 Standards and requirements and Sec. 32-133 Occupancy restriction agreement.

An ADU can be one or two-bedroom structures, the former being no larger than 900 square feet and latter 1,200 sf. The units can be no more in size than 60 percent of the "principal dwelling" on the lot.

Going forward, ADUs are deemed acceptable uses in nine of the town's 12 designated districts excluding
special, commercial industrial and farm conservation.

The amended ordinance was put to the floor by Councilor Derrik Trombley, who said the changes being proposed were in some ways required "housekeeping measures" because the town "had yet to adjust" its ordinance to reflect those done at the state level.

In fact, local State Representative June Speakman (Dist. 68, Warren, Bristol) sponsored a piece of housing legislation specific to ADUs in the General Assembly.

"Accessory dwelling units, for those who do not know, they are simply housing units made out of basements, out of sheds, out of garages, out of attics. They're accessory buildings or occupancies that are turned into dwelling units for the purpose of housing," Trombley said as an introduction.

He continued, noting the "astronomical" prices for existing homes are forcing many to consider leaving not just Warren, but the entire state. He also alluded to opposition of residents to the construction of large developments. Both of those aspects of the market could be assuaged through the ADU legislation.

"So this is what I consider to be gentle density. It increases the density of an area without drastically changing the look and feel of a neighborhood," Trombley added.

Important to the amended ordinance, an accessory dwelling unit cannot be used for short-term rentals as defined in state law.

Councilor John Hanley, who in his full-time occupation serves as the building inspector for the City of Pawtucket, prompted his colleagues to include an update of Sec. 32-133, G to read each ADU "shall" be required to have at least one parking spot per structure.

"I want to see at least one parking space required for an ADU. It can be done," Hanley explained. "I've been doing it in Pawtucket for about six months and enforcing it. And it makes sense in the community like Warren where parking on the street is a challenge."

Hanley also responded to a question by fellow Counselor Louis Rego, who asked why the maximum size was included in the amended ordinance, but not a minimum.

Hanley, with input from Warren Building Official Matt Cabral, told his colleagues per state requirements the minimum size of an ADU is 600 sf.

"...By definition in the state building code, it's a dwelling unit, and it needs to be 600 square feet," Hanley added.

An expert on the subject, Hanley continued to answer other inquiries, including one from planning board member Jenny Flanagan on any potential effects the changes would have to so-called "legal non-conforming" structures.

"Legally established means it is there. It could be legal non-conforming. Say, for instance, they built the house too close to a side property line, but at the time there wasn't a requirement for the eight-foot setback. The zoning ordinance changed to eight foot, but the house is only four foot. That's illegally established," Hanley explained.

Flanagan and her planning board peers will be asked to take up the revised ADU ordinance at their meeting on Monday, Dec. 22. The council's next meeting is set for Tuesday, Jan. 13.