Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, mills, and malls into residential units or mixed-use developments is a permitted use, in accordance with the criteria as presented in § 340-4.57, Eligibility.
A.
Residential dwelling units are permitted in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.
A.
An adaptive reuse development shall include at least 50% of the existing gross floor area developed into residential units; and
B.
Prohibitions:
(1)
There shall be no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.
(2)
In any industrial or manufacturing zoning use district, or a portion thereof, where residential use is prohibited for public health and safety reasons which are based on specific and detailed findings.
(3)
In any building previously used for industrial or manufacturing use(s), which has been vacant of an industrial use for less than one year prior to the submission of the permit or application for adaptive reuse.
Provided that all minimum building, rehabilitation, and fire code requirements are met for all residential units, as applicable; and provided that, for projects with more than four residential units, not less than 10% of low- or moderate-income housing is provided, the local zoning ordinance shall not specify any maximum density of residential units. If less than 10% of low- or moderate-income housing is provided, then the allowable maximum density shall be limited to 15 dwelling units per acre. The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.
A.
Building envelope. The development shall be limited to the existing building envelope, except that the envelope is allowed to be expanded to accommodate upgrades of non-occupiable space related to the building and fire codes and utilities such as HVAC equipment, stairs, and elevators.
B.
Parking. The development shall provide one off-street parking space for the first two bedrooms of any dwelling unit and shall require one off-street parking space for any additional bedroom beyond the second bedroom in any dwelling unit. All nonresidential uses shall be required to comply with the parking requirements contained in Chapter 340, Part 4, Article XII. The parking requirements and design standards contained in Chapter 340, Part 4, Article XII, shall apply to all uses proposed as part of the project unless otherwise approved by the Planning Board.
C.
Existing setbacks. Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the Planning Board by issuance of a dimensional variance as part of a Unified Development Review.
D.
Height. For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any non-occupiable rooftop construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, shall be included within the height exemption.
The development shall have access to public water and sewer services or shall have access to adequate private water, such as a well(s) and/or on-site wastewater treatment system(s) approved by the relevant state agency.