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HDC staff brief commissioners on new ADU rules; design guidance urged for historic districts
Summary
Zoning staff explained state ADU changes and Newport's Chapter 17.79, including a 20,000 sq ft new‑construction threshold, size limits (900/1,200 sq ft), separate ingress and one parking space per ADU. Commissioners urged design guidance focused on accessory structures to protect historic district character.
Nick Armour, Newport zoning officer, told the Historic District Commission that Rhode Island’s law removing a family‑relationship requirement for accessory dwelling units (ADUs) led the city to adopt Chapter 17.79 of the zoning code. “ADUs are prohibited from being used as short term rentals,” Armour said, explaining that ADUs must be long‑term rentals of 30 days or more and that the city limits one ADU per residential lot.
Armour described the size and siting limits he and staff have been applying: new ADU construction is allowed only on lots of at least 20,000 square feet; on smaller lots the only path is conversion of an existing structure. He added that studios and one‑bedroom ADUs are capped at 900 square feet (or 60% of the principal structure) and two‑bedroom units are capped at 1,200 square feet (or 60%). The city also adopted a requirement of one on‑site parking space per ADU and allows a 100‑square‑foot exterior footprint expansion to create ingress or egress where needed.
Commissioners used the presentation to press staff on how these new rules will play out in historic neighborhoods. One commissioner warned of a “snowball” effect from incremental garage and accessory expansions; another said HDC’s responsibility remains exterior compatibility. HDC staff said they intend to treat ADU proposals through the same design lens applied to accessory structures and suggested preparing clearer guidance on accessory‑structure design rather than labeling rules as ADU‑specific — a move intended to avoid legal conflict with state code while preserving district character.
Staff also noted an internal workflow change: when an ADU application appears to be in a FEMA flood zone, the building official will now review flood‑elevation compliance immediately after application receipt to avoid later, costly rework. Commissioners asked staff to continue refining written staff findings so approvals and denials clearly cite the specific standards relied on.
