§ 513. Accessory Apartments

A. Purpose. This Section is intended to provide year-round rental housing for year-round residents, seasonal rental housing for those deriving income from employment on the Island and at the same time provide supplemental income for homeowners from the rental of an accessory apartment, and to provide property tax incentives for accessory apartments to be voluntarily deed restricted for affordable housing. (Amended September 27, 2006)

B. Affordable Accessory Apartments. With respect to any accessory apartment that meets all the standards for accessory apartments set forth below, the following additional provisions shall apply (Section added September 27, 2006):

1. With respect to every assessment year for which said apartment is hereinafter duly deed restricted and utilized for affordable housing as defined in this Ordinance, the fair market value of said affordable accessory apartment shall not be included as real estate or improvements upon which real estate taxes are assessed and collected by the Town of New Shoreham provided that, at least thirty (30) days prior to said assessment year, the landowner shall have procured from the Block Island Housing Board and provided to the Tax Assessor documentation that the requirements of this Section have been met. The Block Island Housing Board shall adopt rules and regulations for the administration of the provisions of this Section, including but not limited to the form and content of the required deed restriction, and required language for long term monitoring and verification of eligibility. Once an affordable accessory apartment is deed restricted as provided herein, said restriction shall not thereafter be removed without a certificate being procured from the Block Island Housing Board and filed in the Records of Land Evidence of the Town of New Shoreham attesting that a withdrawal fee has been paid to the Tax Collector equal to ten (10) times the average annual real estate and improvement tax savings the subject property has received the benefit of under the provisions of this Section. This withdrawal fee may be waived in whole or in part for good cause shown by the Town Council on the recommendation of the Board of Tax Assessors. (Section added September 27, 2006)

2. All of the standards and requirements otherwise applicable to accessory apartments set forth below shall apply to affordable accessory apartments except that the requirement in Section 513D(3) that no accessory apartment shall be permitted if the result would be a residential density of more than two (2) dwelling units per lots may be modified as an affordable accessory apartment by Special Use Permit granted by the Zoning Board under Section 405: (i) the requirement in Section 513(D)3 that no accessory apartment shall be permitted if the result would be a residential density of more than two (2) dwelling units per lot; and (ii) the requirements of Section C(4) regarding accessory apartments in zoning districts without public sewers. (Section added September 27, 2006)

C. General Standards. The following standards shall apply to all accessory apartments except as provided above:

1. An accessory apartment can be included in any principal residential building, or in an accessory structure. (Amended June 19, 2002)

2. The accessory apartment shall be self-contained with separate cooking and sanitary facilities for the exclusive use of the occupant(s) of the apartment. There shall be a maximum of two (2) bedrooms in any accessory apartment.

3. In any zoning district where the public sewer services the structure in which the accessory apartment is to be located, an accessory apartment shall be permitted, without regard to the residential density requirements of the zoning district in which the lot is situated.

4. In any zoning district where the public sewer does not service the structure in which the accessory apartment is to be located, an accessory apartment shall be permitted, without regard to the residential density requirements of the zoning district. (Amended September 27, 2006)

5. In any zoning district where the public sewer does not service the structure in which the accessory apartment is to be located, an accessory apartment shall be permitted only after the ISDS has been inspected by the Wastewater Management Inspector, or his or her designee, and any necessary repair, modification, alteration or replacement of the ISDS has been made. (Amended June 19, 2002)

6. For any lot on which an accessory apartment is located, all structures on the lot, and all areas of all structures on the lot shall be held in single, joint, common or otherwise undivided ownership. (Amended June 19, 2002)

7. Any property owner maintaining any accessory apartment on the property shall rent that accessory apartment only by a written rental agreement which shall be kept by the owner and made available to the Building Official upon request.

8. Any property owner maintaining any accessory apartment on the property agrees to the inspection of the property by the Building Official and/or Minimum Housing Inspector upon seventy-two (72) hours notice of the date, time and purpose of the inspection.

D. Standards for Residential Zones. The following standards shall apply to accessory apartments located in the RA Zone, the RB Zone, the RC Zone, the RC/M Zone, and the M Zone.

1. The floor area of any one-bedroom accessory apartment shall not be less than three hundred (300) square feet of living area. The floor area of any two-bedroom accessory apartment shall not be less than three hundred forty (340) square feet of living area. No accessory apartment shall exceed a floor area of twelve hundred (1200) square feet of living area. (Amended June 19, 2002, August 21, 2006, and October 6, 2008)

2. Modifications to the exterior of an existing principal structure resulting from the installation of an accessory apartment, or the design and construction of new homes with accessory apartments 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 will be permitted on the front or street side of the building. 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. (Amended June 19, 2002)

3. No accessory apartment shall be permitted if the result would be a residential density of more than two (2) dwelling units per lot.

4. As a condition for the issuance and continued validity of an occupancy permit for an accessory apartment, 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 occupancy of the accessory apartment 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) and that the accessory apartment may not be offered, nor used, for seasonal occupancy; and the owner 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, an affidavit, signed under the penalties of perjury by the owner of the premises, attesting to the fact that the accessory apartment is, and will be, limited to occupancy by 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) and that the accessory apartment will not be offered, nor used, for seasonal occupancy. The affidavit shall be renewed by the owner of the premises every three (3) years as a condition for retaining an occupancy permit for the accessory apartment.

E. Standards for Commercial Zones. The following standards shall apply to accessory apartments located in the SC Zone, the OHC Zone and the NHC Zone:

1. As a condition for the issuance, and continued validity, of an occupancy permit for any accessory apartment, 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 of the accessory apartment 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 apartment may not be offered, nor used, for seasonal occupancy except for seasonal occupancy by persons deriving income from employment on the Island; and the owner 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, an affidavit, signed under the penalties of perjury by the owner of the principal structure, attesting to the fact that the accessory apartment is, and will be, limited to occupancy by 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 accessory apartment 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 three (3) years as a condition for retaining an occupancy permit for the accessory apartment.

2. A separate affidavit shall be required for each accessory apartment clearly identifying the apartment and distinguishing it from any other accessory apartments on the property.

F. Termination, Abandonment and Release.

1. Any property owner with an accessory apartment may terminate the use and obtain a written release of the restrictions recorded under Section 513C(4) and/or Section 513D(2) by abandoning the use in accordance with the following procedure (Amended June 19, 2002):

a. The owner of the property shall send a written notice of the intention to abandon the accessory apartment use to the Zoning Official expressly abandoning the use, stating the use to which the apartment is to be changed and stating the date of the abandonment.

b. The owner shall convert the apartment 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.

c. On, or after, the date of abandonment the Building Official shall inspect the apartment and certify in writing that the apartment has been abandoned stating the date of the inspection, specifically what alterations were made by the owner in converting the apartment and to what use it has been converted. The Building Official shall insure that all alterations have been done according to code requirements.

d. Upon written recommendation by the Zoning Official to the Town Council the Town shall execute and deliver to the owner a written release and discharge of the recorded restrictions.

2. If any accessory apartment is not rented or occupied, in accordance with the terms of this Section, for a period in excess of one year, the accessory apartment use may be considered to have been abandoned. The Building Official shall conduct an investigation, document his or her findings, and notify the property owner of his or her determination. In the Notice the Building Official shall advise the property owner that a new application for a Special Use Permit will be required to reacquire the use. If no response is received the Building Official shall record the Notice on the Land Evidence Records. Thereupon, the owner shall convert the apartment 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. This does not preclude the Building Official from pursuing any other violation of the terms of this Section by someone, for example, renting the unit weekly at market rates. (Amended June 19, 2002) (Amended September 27, 2006)

G. Handicapped-Accessible Apartments. An accessory apartment constructed for occupancy by a person with physical disabilities, as that term is defined under the Americans with Disabilities Act of 1990, 42 USC 12101 et. seq., shall be allowed by Special Use Permit subject to the following regulations:

1. The accessory apartment shall satisfy the criteria contained in Article 4, Section 401 of this Ordinance for a Special Use Permit.

2. The accessory apartment and its appurtenances, including handicapped accessibility ramps, shall not be required to satisfy the Article 3 dimensional standards for the zoning district in which it is located.

3. The accessory apartment may be located in an accessory structure, notwithstanding the provisions of 513(B)(1) of this Ordinance.

4. As a condition for the issuance and continued validity of an occupancy permit for the accessory apartment, the owner shall execute and record against the deed to the property a restriction, running with the land in favor of the Town, to the effect that occupancy of the accessory apartment shall be limited to persons with a physical handicap as that term is defined under the Americans with Disabilities Act of 1990, 42 USC 12101 et. seq.

(Amended September 27, 2006)

(Amended September 27, 2006)

(Section Amended July 6, 1998)

(Section Renumbered June 19, 2002)

(Section Amended and Renumbered September 27, 2006)