The Barrington Town Council introduced an amendment to the town’s zoning ordinance during a meeting on Monday, May 5. 

Typically, an ordinance introduction requires very little time or discussion. That part of the process is saved for the ordinance public hearing, which, in this case, will be held at the council meetings in June and July.

At the May 5 meeting, however, councilors spent a bit of time talking about the proposed ordinance amendment dealing with Chapter 185-Zoning. 

The amendment includes changes to a variety of zoning rules, including development plan review, lot coverage requirements, and accessory dwelling units (ADUs). According to town officials, the alterations are required due to recent changes to state law.

Councilor Kate Berard said she did not agree with part of the Accessory Dwelling Units amendment that requires a property be at least 20,000 square feet in order to have an ADU. 

Berard said she wanted to eliminate that requirement. She said construction of ADUs would still need to follow setback and height restrictions set forth in building codes. 

Assistant town solicitor Amy Goins said the 20,000-square foot requirement was written into the state law. Goins recommended the council send the amendment back to the zoning board for an opinion on eliminating the 20,000-square foot requirement.

Berard said the reason for ADUs is to create additional housing, but the 20,000-square foot requirement is an impediment to that. Berard said only 28 percent of all lots in Barrington would be able to accommodate the lot size requirement. 

Goins offered more information about the ADU ordinance. She said there were three “pathways” for someone to add an ADU to their property, only one of which included the lot size requirement — the first pathway is to accommodate a family member who has a disability; the second is building it within the existing footprint of the primary structure (or existing accessory structure) on the property; and the third is constructing it on a lot that is at least 20,000-square feet. 

Goins also explained that residents with lots under 20,000-square feet can still apply for a variance to the existing zoning laws. 

Berard said applying for a variance represented an additional legal or financial burden to residents. 

Berard added that the 20,000-square foot requirement is overly restrictive. 

Fellow councilor Liana Cassar asked Berard what restriction she would prefer. Berard proposed no lot size requirement at all. 

Cassar asked Goins if any other communities in Rhode Island have eliminated the 20,000-square foot lot size requirement. Goins said she was not aware of any cities or towns in Rhode Island that had removed that language — in fact, most towns are actually increasing the lot size requirement larger than 20,000-square feet, she said. 

Berard doubled-down on her request to remove the restriction altogether. She said it limits the ADUs to only those residents who are rich enough to afford it. She said the ordinance still includes language that prohibits the ADUs from being used as short-term rentals. 

Barrington Town Council President Braxton Cloutier amended his motion, calling for the ordinance to eliminate the 20,000-square foot requirement. Cassar seconded the motion to introduce the ordinance. The motion passed 5-0. 

The assistant solicitor said ADUs can be deed restricted to count as affordable housing.