Below you will find a Rhode Island zoning law article authored by East Providence Zoning and land use attorney, Martin Slepkow. Please read this post very carefully and do not hesitate to contact the Rhode Island real estate lawyers at Slepkow Slepkow & Associates, Inc. if you have questions concerning a variance, addition, subdivision or any other RI zoning law question,
FAQs authored by a RI zoning attorney
Zoning and Land Use in Rhode Island – FAQs authored by a zoning attorney in Rhode island concerning: Do I need a building permit to construct a small addition to my house or a deck around my above ground swimming pool? My house is in a residential zone. Are there any problems that I need to consider in planning an addition or an accessory structure ? I have a single-family residential house located in a single-family zoning district. My mother-in-law wants to move in with me. Can I add a second kitchen to my house so that she will have the ability to be independent? If I want to build a two-family in a single-family zone or build an office in a residential zone, what do I do? I have extra land that I am not using on the side of my house. Can I sell this land to a builder? Permits, variances, additions, In Law apartments.
Most towns and cities in Rhode island and Providence Plantations take the position that adding a 2nd kitchen creates a two-family house which is not permitted in a single-family district. Some cities and towns allow in-law apartments but have very specific rules as to their size and location. It is crucial that you and yourzoning lawyer in RI examine the zoning ordinances of your particular city or town as to whether or not you can create an in-law apartment.
Citations and Resources related to Zoning
Juergensmeyer, Julian C. and Roberts, Thomas E., “Land Use Planning & Development Regulation Law” (2013). Faculty Publications By Year. Paper 823.
Zoning Law, Health, and Environmental Justice: What’s the Connection? Juliana Maantay Article first published online: 24 JAN 2007 DOI: 10.1111/j.1748-720X.2002.tb00427 The Journal of Law, Medicine & Ethics Volume 30, Issue 4, pages 572–593, December 2002 http://onlinelibrary.wiley.com/doi/10.1111/j.1748-720X.2002.tb00427.x/abstract
“Most cities and towns consider that the addition of a second kitchen creates a two-family house which is not permitted in a single-family district. Some cities and towns allow in-law apartments but have very specific rules as to their size and location. It is important that you and your attorney examine the zoning ordinances of your city or town as to whether or not you can create an in-law apartment.” U.S. Small Business Administration https://www.sba.gov/content/basic-zoning-laws
Legal Notice per Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice.