STATE OF RHODE ISLAND
CITY OF EAST PROVIDENCE
CHAPTER
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”
SECTION I. Division 24 entitled “Attached Single-Family Dwellings” of Article IV entitled “Supplementary Regulations” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Zoning” is hereby amended by adding thereto the following:
Sec. 19-360.12 Attached Single-Family Dwellings.
(a) Purpose and Objective. The purpose of this Division is to allow for two-family and multi-family developments to be subdivided along party walls as attached single-family dwellings in accordance with R.I.G.L. 45-24-33 (26) and 45-24-37 (j).
(b) Definitions:
“Attached single-family dwellings” are single-family residential dwellings that are constructed side by side or horizontally and separated by a party wall and lot line. These dwellings are commonly referred to as Townhomes or Rowhouses.
“Original lot” shall refer to the overall total lot(s) as it exists prior to its division for the creation of the single-family attached dwellings.
“Attached single-family dwellings lot” shall refer to the proposed lots that are derived from and together comprise the original lot after the application of the provisions of this Section
(c) Eligibility.
(1) An attached single-family dwelling is a permitted use as long as the following conditions are met:
a. Attached single-family dwellings are permitted in any zone that allows for two-family, or multi-family dwellings.
b. Each residential dwelling unit shall have access to public water and sewer or have adequate access to private water and/or wastewater systems approved by the relevant state agency.
(2) Dimensional Requirements: The following process shall determine dimensional compliance:
a. The proposed development shall be dimensionally compliant as a two-family or multifamily use as it applies to the Original Lot.
b. If the proposed two-family or multi-family dwelling is dimensionally compliant, then it may be subdivided along party walls into a series of “Attached single-family Dwelling Lots,” such that each lot is comprised of a single-family residential dwelling.
1. Each individual parcel may be non-conforming regarding minimum lot size, lot width, lot frontage, lot depth and maximum impervious coverage requirements. Individual parcel setbacks may be non-conforming along common parcel boundaries where a zero setback is permitted to accommodate a party wall, so long as the development is subject to a deed restriction requiring that all “Attached single-family Dwellings Lots” are jointly and severally liable for ensuring that the “Original Lot” maintains zoning compliance.
2. The permitting authority shall require the creation of a homeowners’ association as a condition of approval for the limited purpose of managing any common features related to driveways, parking, green spaces, or other such infrastructure or site utilities.
3. A deed restriction shall be imposed on all parcels whereby the entirety of the site, and not any single parcel or unit, is responsible for maintaining zoning compliance. In effect, any work performed on any individual parcel that would otherwise require review for zoning compliance shall require a zoning code review of the entirety of the Original Lot.
(d.) Use standards:
(1) Attached single-family dwellings shall comply with all State of Rhode Island Building and Fire Code requirements.
(e) Procedural requirements:
(1) Applications for attached single-family dwellings shall follow the procedures for subdivision and/or land development projects as established in the East Providence Land Development and Subdivision Review Regulations.
(2) A special permit shall be required for attached single-family dwelling units in zoning districts that require a special permit for two-family or multi-family development.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Adopted:__________________
Attest:
____________________________________________
City Clerk of the City of East Providence, Rhode Island
