AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES (Caps the size of accessory dwelling units to 900 sq.ft. for one bedroom units and 1,000 sq. ft for two 2 bedroom units.)

S2038

2026 -- S 2038
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

Introduced By:
Senators Pearson, and Thompson

Date Introduced:
January 09, 2026

Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Section 45-24-73 of the General Laws in Chapter 45-24 entitled "Zoning
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Ordinances" is hereby amended to read as follows:
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45-24-73. Design standards required for accessory dwelling units — Consistent
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statewide treatment of accessory dwelling units required.
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(a) Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by
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right under the following circumstances:
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(1) On an owner-occupied property as a reasonable accommodation for family members
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with disabilities; or
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(2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for
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which the primary use is residential; or
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(3) Where the proposed ADU is located within the existing footprint of the primary
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structure or existing accessory attached or detached structure and does not expand the footprint of
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the structure.
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(b)
Uniform standards.
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(1) A municipality may establish a maximum unit size for an ADU but such limitation must
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allow, subject to applicable dimensional requirements:
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(i) A studio or one bedroom ADU
of at least

up to
nine hundred square feet (900 sq. ft
.
)
,
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or sixty percent (60%) of the floor area of the principal dwelling, whichever is less
; and
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(ii) A two-bedroom (2) ADU of
at least twelve hundred

up to one thousand
square feet

1
(1,200 sq. ft.)

(1,000 sq. ft.)
, or sixty percent (60%) of the floor area of the principal dwelling,
2
whichever is less
.
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(2) For all ADU applications, a municipality shall not:
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(i) Restrict tenants based on familial relationships or age unless such restriction is necessary
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to comply with the terms of the federal subsidy related to affordability;
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(ii) Charge application or permitting fees for the creation of an ADU that exceed those that
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would be charged for a new single-family dwelling;
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(iii) Require infrastructure improvements in connection with the ADU, including, but not
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limited to, separate water or sewer service lines or expanded septic system capacity unless such
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improvements and/or modifications are required by an applicable state agency for compliance
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under state law or regulation, or to comply with building code requirements, or to address capacity
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or upgrades necessary to accommodate the ADU;
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(iv) Discriminate against populations protected under state and federal fair housing laws;
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(v) Impose dimensional requirements or other development standards on ADUs that in any
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instance exceed the requirements for an accessory structure in the same zoning district;
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(vi) Require additional lot area, lot frontage, or lot width for conforming lots or legal
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nonconforming lots of record solely to accommodate an ADU;
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(vii) Require zoning relief for ADU applications proposed within an existing footprint of
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the primary or accessory structure which is a legal nonconforming structure in order to address the
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existing dimensional nonconformity;
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(viii) Require more than one off-street parking space per bedroom of the ADU;
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(ix) Limit ADUs to lots with preexisting dwellings, or otherwise prohibit ADUs as part of
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applications for new primary dwelling units or subdivisions;
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(x) Prohibit an ADU that otherwise complies with this chapter and applicable dimensional
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regulations from having up to two (2) bedrooms;
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(xi) Require an ADU to be exclusively occupied by a household that is low- or moderate-
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income or less as defined by § 42-128-8.1, unless such ADU is part of an inclusionary zoning or
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comprehensive permit application; or
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(xii) Revoke the permitted status or otherwise require the disassembly of a legally
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established ADU upon transfer of title or occupancy.
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(3) An application for an ADU that is not allowed by right under this section, shall not, by
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itself, be reviewed as a minor land development or major land development project.
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(4) A municipality shall allow ADUs as part of applications for new primary dwelling units
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or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality

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shall not count such ADUs toward density of the proposal for purposes of limiting the number of
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dwelling units allowed in such development proposal.
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(i) Municipalities may utilize a unified development review process for any application
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that includes ADUs, regardless of whether a city or town has opted into the current unified
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development review statute.
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(5) As part of the approval process, municipalities may exempt ADUs from all or part of
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utility assessment and/or tie in fees.
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(6) Private restrictions on ADUs imposed by condominium associations, homeowner
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associations, or similar residential property governing bodies, which conflict with the provisions
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of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public
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policy. Provided, however, if ADUs are allowed by condominium association covenants,
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homeowner association covenants, or similar residential property governing bodies, they shall be
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deemed in compliance with this subsection.
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(7) The development of ADUs shall not be restricted by any locally adopted ordinance or
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policy that places a limit or moratorium on the development of residential units in land zoned for
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residential use.
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(8) ADUs shall not be offered or rented for tourist or transient use or through a hosting
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platform, as such terms are defined in § 42-63.1-2.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES
***
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This act would cap the size of accessory dwelling units to nine hundred square feet (900
2
sq. ft.) for one bedroom units and one thousand square feet (1,000 sq. ft.) for two (2) bedroom units.
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This act would take effect upon passage.
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