Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot as the principal use and shall include, but not necessarily be limited to, private garages, home occupations, swimming pools, and accessory parking. Accessory uses cannot exist without nor precede any principal use on a vacant lot. Accessory uses are subject to all the requirements of this Ordinance, except as provided herein.
(a) - Accessory Uses in A and R Zones
(1) No accessory use, other than required off-street parking and a private garage, shall be located on any lot having an area of less than 1 0,000 square feet.
(2) Accessory uses or any combination of such uses may be included in an accessory building of one or two stories, and no more than twenty feet in height, except for a barn used for agricultural purposes, which may be forty-five (45) feet in height.
(3) No accessory building or structure shall be permitted between the front of a main structure and the street, other than a barn used for agricultural purpose, which nevertheless shall not intrude on the required front yard.
(4) Within any A or R zone, where an existing principal structure on an adjacent or contiguous lot is less than twenty (20) feet from any lot line, a principal or accessory structure shall not be located less than ten (10) feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is one story, or shall not be located less than twenty (20) feet from such existing principal structure on an adjacent or contiguous lot if the proposed structure is two stories.
(5) Where a yard abuts upon a public right-of-way, no accessory building shall be erected within 18 feet of such public right-of-way, if it contains a garage that is accessible from said street.
(6) A detached garage or shed may be located in the required rear yard but not less than six (6) feet from any lot line. A detached garage located within a rear yard may have its driveway within the required side yard. Such garage shall be no more than one story or 14 feet in height and 24 feet in depth; provided, however, that the building official may, at his/her discretion, grant a variance to permit the roof pitch to match that of the principal structure on the site. Such variance shall be in writing and shall state the reasons therefore, and be signed by the building officials.
(7) A garage attached to the main building or structure shall maintain all setback requirements as specified in Article 4 for the zone in which it is located.
(8) A private garage or shed may be used to store vehicles, boats, recreational vehicles or similar equipment owned by the occupant. Storage or parking of tractor trailers is prohibited in A and R Zones, except where such tractor trailers are exclusively used for agricultural purposes in connection with such lot. No recreational vehicle shall be used for residential occupancy. No recreational vehicle shall be stored for a period in excess of one (1) year unless it is registered and inspected under state law and is in a condition for safe and effective performance of the function for which it is intended.
The building official, may at his/her discretion, approve the location of a portable shed, not-to-exceed one hundred twenty (120) square feet of gross floor space to be placed in the side yard provided that such shed cannot be placed in compliance with these regulations due to dimensional or topographical conditions peculiar to the site; and the immediate abutting property owners have been advised in writing by certified mail, return receipt requested, of the proposal and not objected within ten (10) calendar days after receipt of such notice. Such permission shall be in writing and shall state the reasons therefor, and be signed by the building official.
(b) Accessory Family Dwelling Units
(1) Residential Uses
Accessory Family Dwelling Unit - Allowed by right if in conformance with standards.
(2) Accessory Dwelling Units Purpose and Standards
(a) Purpose. The intent and purpose of this section is to allow the creation of quasi independent living spaces within single family homes to provide accommodations for additional family members. These living spaces are most often referred to as "in law" apartments. The accessory family dwelling unit shall be located within a single family dwelling and shall be clearly a subordinate part of it. Nothing in this section shall infringe upon the right of an individual to add living space to a home in accordance with existing regulations and codes.
(b) Standards. An Accessory Family Dwelling Unit, limited to no more than 800 square feet of building area, may be permitted, by right, in any residential zoning district with the following limitations:
1. That the accessory family dwelling unit shall not contain more than (1) bedroom as defined by the Department of Environmental Management, office of ISDS.
2. Only one accessory family dwelling unit may be allowed in any single-family detached dwelling. No accessory family dwelling unit may be allowed in a two-family, multi-family dwelling or mixed use property.
3. The design of the structure is such that there is no indication from the exterior that the property is used for any purpose other than a single family dwelling.
5. Only a family member of the owner may occupy the accessory family dwelling.
6. The utilities for the principal residence and the accessory unit will be common to both (i.e., one electric service to principal residence, common plumbing and heating systems, etc.
7. Off-street parking will be provided in accordance with the Town of Cumberland Zoning Ordinance for each dwelling unit.
8. The accessory family dwelling unit shall meet all the dimensional requirements of the Town of Cumberland Zoning Ordinance.
9. The unit will comply with all applicable state and local regulations.
10. For dwelling units not connected to the Town sewer system, a system suitability determination from the RI Department of Environmental Management, Office of Individual Sewerage Disposal Systems (ISDS) shall be obtained.
(c) Variance
A request for an Accessory Family Dwelling Unit which does not comply with the above conditions may be allowed by the Zoning Board of Review subject to the issuance of a variance as provided in this ordinance.
(d) Agreement Required.
An applicant for a permit to construct a Accessory Family Dwelling Unit must sign an agreement restricting occupancy of such units to family members and indemnifying the Town of Cumberland from costs incurred to enforce the terms of said agreement. Prior to the issuance of a certificate of occupancy the agreement must be recorded in land evidence records of the town and a copy shall be submitted to the tax assessor at the expense of the applicant. Said agreement will be applicable and binding upon subsequent owners and will be enforceable against the applicant, his/her heirs, devises, successors and assigns. The agreement shall be drafted by the town solicitor's office and may be modified from time to time by said office as deemed necessary to carry out the mandates of this paragraph. The town shall provide the agreement forms to the applicants.
(e) Home occupations
Home occupations may include, but are not necessarily limited to professional office, tailoring, personal service (not including hair salon) or similar activity in which goods, wares or merchandise are not commercially sold at retail. In addition, home occupations:
1) Shall be operated entirely within a principal dwelling unit,
2) Shall be operated only by the person or persons residing within the dwelling unit, with not more than one employee or regular assistant not residing in the dwelling unit, and
3) Shall utilize not more than twenty percent (20%) of the GFA in the dwelling unit or not more than three hundred (300) sq. ft., whichever is less.
