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PCO-4-22
SUBB
TRE CITY OF WARWICK
STATE OF RHODE ISLAND
APPENDIX A
ZONING
No
0-23-4
Date..~~
Approved.~
Mayor
AN ORDINANCE AMENDING A
NIMX A, ZONING ORDINANCE OF TIlE CITY
OF WARWICK TO DEFINE, ESTABLISH AND CLASSIFY DISTRICTS, CREATE
ADMINISTRATiVE PROCEDURES FOR SHORT-TERM RENTAL USE OF
RESIDENTIAL DWELLING UNITS, AND PROVIDE SUPPLEMENTARY
REGULATIONS FOR THE SHORT-TERM RENTAL OF DWELLING UNITS.
CITY OF WARWICK, PETITIONER
Be it ordained by the City of Warwick:
Section I. Appendix A, Zoning Section 200 of the Code of Ordinances ofthe City of Warwick is
hereby amended by adding thereto the following:
Bedroom. A room defined as a bedroom in accordance with applicable building code
regulations as determined by the Building Official.
Dwelling unit. A structure or portion thereof providing complete, independent living
facilities for one or more persons, including permanent provisions for living, sleeping. ea~inga
cooking, and sanitation and containing a separate means of ingress and egress.
Short-term rental of dwelling unit.
The lease or other contractual arrangement for the
occupation of a dwelling unit for thirty-one (31) consecutive days or less; provided, however, that
this term does not include an extension, including a month-to-month extension, granted without
an intervening period ofnon-occupancy to tenant currently occupying the premises under a writtçp,
lease for a term of more than thirty-one (31) days.
Section IL Appendix A, Zoning Section 300, Table 1 ofthe Code of Ordinances of the City of
Warwick is hereby amended by adding thereto the following:
Zoning
OS
A-
A-
A-
A-7
0
WB
GB
LI
GI
Inter-
Gateway
Village
Districts
40
15
10
modal
District
110.
Short-
V
term
No
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
Yes
rental of
dwelling
unit
Section IlL Appendix A, Zoning Section 500 of the Code of Ordinances ofthe City of Warwick is
hereby amended by adding thereto the following:
V
510. -- Regulation of short- term rental of dwelling units.
It is the intent ofthis subsection to protect the public health, safety and welfare of the City
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by regulating short term rental of dwelling units in the City.
Short--term rental ofdwelling units in Warwick shall be regulated to minimize the potential
for noise, congestion, pollution, and äisorderly behavior involving tenants and other
persons on and near the premises, as w~ll as violations of City Ordinances, including the
Zoning and Noise Ordinances and violations of various Rhode Island General Laws.
The City of Warwick finds that, by application of the regulatory framework contained
herein, the short-term rental ofdwelling ~inits can have a positive effect on the health, safety
and welfare of the community by provi~1ing a flexible housing stock that allows travelers
safe accommodations while contribu~ng to the local economy, including historic
preservation.
510.1. Applicability. The provisions ofthis subsection shall apply to all residential property
within the City of Warwick except hotels, motels, and community residences. Short term
rentals with a valid registration shall not be considered a hotel or motel as defined by this
ordinance.
5 10.2. Prohibitions. The following dwelling units are not eligible to be offered for short-
term rental:
(~ Accessory family dwelling units.
~ Accessory structures.
~ Dwelling units that have been designated as "affordable" or are otherwise below
market rate, such as those units that are subject to housing or rental assistance
and/or deed restrictions.
~ Dwelling units subject to any requirement of local, state, or federal law that
prohibits the leasing or subleasing of the unit or use of the unit as a short-term
rental.
~ Dwelling units that are subject to two (2) or more violations of any municipal
Ordinance or state law or regulation in a twelve-month period related to excessive
noise, improper disposal of trash, disorderly conduc~, parking, or any other
nuisance behavior.
~ Dwelling units that are subject to any outstanding building, sanitary, fire, zoning,
or property maintenance code violations.
~ Dwelling units on properties where weddings or other special events are occurring.
510.3. Short-term rental of dwelling w'zits. Short-term rental of dwelling units shall be
permitted by right in certain zoning di~tricts as presented in Table I, provided that any
dwelling unit utilized for short-term rental must satisfy the following performance
standards:
~Must comply with the City's Short-Term Rental Registration.
~ The Property owner must submit an affidavit to the Zoning Enforcement Officer
indicating that dwelling unit is to be utilized as a short-term rental.
510.4. Registration and inspection reau~red; permit.
~ Each owner of a short-term rental property shall designate on a registration form
filed under this chapter a local representative whose physical address of their
primary residence is within fifty (50) miles of the registered short-term rental
property to serve as the local representative. The local representative shall be a
natural person with access and authority to assume management of the short-term
rental property and take remedial measures. The owner may, if qualified as
established herein, designate themselves as the local representative.
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The owner or local representative shall obtain a short-term rental permit in
accordance with Section 510.6 and 510.7.
~ If a dwelling unit is offered on an online hosting platform for tourist or transient
use, it shall be registered by the record property owner or local representative
thereofwith the Rhode Island Department ofBusiness Regulation before any tenant
occupies the premises.
)Afier applying for the short-term rental permit, the dwelling unit shall be subject to
annual inspection by the Building Official or his/her designee and the Fire Marshal.
The purpose of the inspection is to determine the occupancy limit of the unit
pursuant to subsection 510.8, to determine if smoke and CO detectors are installed
in compliance with the State Fire Code, as amended, for dwelling units and to
deterinine the number of off-street and on-street parking spaces available. The
Building Official or his/her designee shall issue a short-term rental permit stating
the maximum occupancy for the dwelling unit.
510.5. Short-term rentalpermit re~istrarion form. The short-term rental permit registration
form shall indicate the Tax Assesso?s plat and lot number, address of the short-term rental
dwelling unit, the number of short-term rental dwelling units therein, the name, permanent
mailing address and telephone number of the record owner and any local representative,
and the usual period of occupancy by tenants (monthly, weekly or other). Copies of the
permit registration form, with 24/7 contact information, will be held on file by the Warwick
Police and Fire Departments.
510.6. Filing date: term, On or before December 31 of each year, the record owner of the
rental dwelling unit shall file the completed short-term rental permit registration form with
the Building Official or his/her designee, which shall be valid for a one-year period from
January 1 to December 31 of the following year. If the property is registered during_the
calendar year. the permit shall be valid until December31 of that same year.
510.7. Permit registration fee. There shall be a permit registration fee of $250 per year for
each dwelling unit covered under the provisions of this subsection.
510.8. Occupancy limits andparking requirements.
~The maximum occupancy for the dwelling unit shall be two (2) persons per
bedroom. The number of bedrooms for occupancy purposes shall not exceed the
number of bedrooms supported by the design load of the property's septic system
(on-site wastewater treatment system, or "OWTS"). The owner shall provide
records and/or information that the Building Official or his/her designee deems
reasonably sufficient to determine the number ofbedrooms for which the OWTS is
rated. The maximum occupancy may be further limited by the parking requirements
of subsection 5 10.8(B).
~ If determined necessary by the Building Official, additional parking shall be
provided in accordance with the instructions of the Building Department.
510.9. Owner 's obligations.
LAII short-term rental agreements shall have as an attachment a copy of the
applicable short-term rental permit for the premises. The rental agreement shall
state that the renter may be held legally responsible for any violations of law
committed by the renter or by other occupants or guests while at the premises,
including violations of the laws and ordinances pertaining to noise, disorderly
conduct, disturbance of the peace, keeping dogs on. a leash, parking, trash
maintenance and disposal, and dwelling occupancy limits.
~ The owner or local representative shall obtain accurate and up-to-date information,
including the names, home addresses and phone numbers of the renters, the date of
the rental period and, when practicable. the model. year, color and vehicle
3
registration of all motor vehicles registered to or used by such renters. The owner
shall maintain this information throughout the term of the short-term rental
agreement and for one hundred eighty (180) days thereafter; and shall make this
information available to City officials who are lawfully investigating or prosecuting
any offense reasonably believed to involve one or more of the renters. Failure of
the record owner to maintain or provide this required information shall constitute a
violation of this subsection.
510.10. Posting ofnotice. The record owner or local representative shall post in plain view,
in a conspicuous place within the rental dwelling unit, a notice to be drafted by the Planning
Department and available at the office of the Building Official, containing general
information regarding certain City Ordinances with which tenants must comply. The record
owner or any person in control or possession of said rental dwelling unit subject to the
provisions of this subsection shall cause the registration form and permit reciuired by this
subsection to be posted or affixed to the inside of the primary access door to said dwelling
unit so as to allow the lease and registration form to be readily available for inspection by
police, zoning, building. or property maintenance officials of the City of Warwick.
Additionally, the record owner, local representative or any person in control or possession
of said rental dwelling unit must post a copy of the short-term rental permit on the interior
of the dwelling unit, which shall contain the twenty-four hour emergency contact
information for the owner and the maximum occupancy for the dwelling unit, as
determined by the Building Official.
510.11. Enforcement: penalty for violation: revocation ofpermit,
~)Vio1ations of this subsection shall be enforceable through issuance of asummons
b~ any Zoning Enforcement Official of the City. Violations and citations shall be
heard and adjudicated by the Warwick Municipal Court.
fj~ Any violation of the provisions of this subsection shall be subject to a fine of not
more than five hundred dollars ($500) per day for each and any subsequent
violation. Fines may be imposed for each day the violation continues.
LQ'~ The Zoning Enforcement Official may revoke a short-ierm rental permit issued
under this subsection if it is determined, by a violátorts admission or a Municipal
Court finding ofa violation, that two (2) or more violations of this subsection have
occurred for the same property, and no new permit shall be issued to the property
owner for the same property for a period oftwelve months following the revocation.
Any revocation of a short-tenn rental permit may be appealed to the Zoning Board
of Review as an administrative appeal pursuant to the provisions of Sec. 906.4 of
the Warwick Zoning Ordinance.
Section 1V. This Ordinance shall take effect immediately upon passage and publication as
prescribed by law.
SPONSORED BY:
COUNCILMAN LADOUCEUR
COUNCILWOMAN TRAVIS
COMMITTEE:
LAND USE
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