[Amended 5-18-2021; 12-13-2023]
A. A lawful
nonconforming use may be changed to another nonconforming use only
with a special use permit from the Zoning Board of Review. Existing
buildings to remain (and reused) must obtain a system suitability
determination from the RI Department of Environmental Management,
if an on-site septic system (OWTS) serves the building. Existing buildings
to remain (and reused) must be brought up to the requirements of the
RI State Building Code, as may be in effect at the time, for changes
of use.
B. Adaptive reuse for the conversion of any commercial building, including
offices, schools, religious facilities, medical buildings, and malls
into residential units or mixed-use developments is a permitted use,
under the criteria described below under Eligibility.
(1) Eligibility.
(a)
Adaptive reuse development must include at least 50% of existing
gross floor area developed into residential units.
(b)
There are no environmental land use restrictions recorded on
the property preventing the conversion to residential use by RIDEM
or the US EPA.
(2) Density calculations.
(a)
The density proposed for any adaptive reuse project shall be
determined to meet all public health and safety standards. For projects
that meet the following criteria, the residential density shall be
no less than 15 dwelling units per acre:
[1]
Where the project is limited to the existing footprint, except
that the footprint is allowed to be expanded to accommodate upgrades
related to the building fire code, and utility requirements.
[2]
The development includes at least 20% low- and moderate-income
housing.
[3]
The development has access to public sewer and water service
or has access to adequate private water, such as well and/or wastewater
treatment systems approved by the relevant state agency for the entire
development as applicable.
(b)
For all other adaptive reuse projects, the residential density
permitted in the converted structure shall be the maximum allowed
that otherwise meets all standards of minimum housing and has access
to public sewer and water services or has access to adequate private
water, such as well and wastewater treatment systems approved by the
relevant state agency for the entire development, as applicable.
(3) Dimensional requirements.
(a)
Notwithstanding any other provisions of this section, existing
building setbacks shall remain and are considered legal nonconforming.
(b)
No additional encroachments shall be permitted into any nonconforming
setback unless relief is granted by the permitting authority.
(c)
Notwithstanding other provisions of this section, the height
of the structure shall be considered legal nonconforming if it exceeds
the maximum height of the zoning district in which the structure is
located.
(d)
Any rooftop construction necessary for building or fire code
compliance, or utility infrastructure is included in the height exemption.
(4) Parking requirements.
(a)
Adaptive reuse developments shall provide one parking space
per dwelling unit. The applicant may propose additional parking in
excess of one space per dwelling unit.
(b)
The parking requirements and design standards in Article
VIII shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.
(5) Allowed uses within an adaptive reuse project.
(a)
Residential dwelling units are a permitted use in an adaptive
reuse project regardless of the zoning district in which the structure
is located, in accordance with the provisions of this section.
(b)
Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Article
II for the zoning district in which the structure is located.
(6) Development and design standards. Site design shall be in accordance
with the development regulations.
(7) Procedural requirements.
(a)
Adaptive reuse projects shall be subject to land development
project review as set forth in the regulations.
(b)
In addition to the checklist requirements for the applicable
review process, the applicant shall provide the following information:
[1]
The proposed residential density and the square footage of nonresidential
uses.
[2]
A floor plan to scale for each building indicating, as applicable,
the use of floor space, number of units, number of bedrooms, and the
square footage of each unit.
(8) Specific and objective provisions. The specific and objective criteria
for adaptive reuse projects are set forth in the regulations.