§ 185-30
Existing nonconforming development and adaptive reuse
[Amended 12-4-2023 by Ord. No. 2023-12; 6-2-2025 by Ord. No. 2025-5]
- A. Nonconforming uses and structures are incompatible with and detrimental to permitted uses and structures in the zoning districts in which they are located. They cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties and confer upon their owners and users a position of unfair advantage. It is a fundamental principle of this article that nonconforming uses may be continued, but shall not be increased or changed to any use other than a conforming use unless a special use permit or use variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Likewise, nonconforming structures shall not be enlarged unless a dimensional variance is obtained from the Planning Board or Zoning Board of Review, whichever is applicable. Existing nonconforming uses and structures shall not constitute cause for further departures from the provisions of this chapter for any other properties in the vicinity.
- B. Adaptive reuse.
- (1) Permitted use. 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.
- (2) 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.
- (3) Density calculations.
- (a) For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre, except where the developer proposes a project of lower density:
- [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. The developer may propose a project of lower density.
- (c) The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.
- (a) For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre, except where the developer proposes a project of lower density:
- (4) 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.
- [1] Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.
- (5) 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 set forth in Article XV 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.
- (6) 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 IV for the zoning district in which the structure is located.
- (7) Development and design standards. Site design shall be in accordance with the development regulations.
- (8) Procedural requirements.
- (a) The following categories of adaptive reuse projects shall require review as a minor land development project: (1) an adaptive reuse project of up to 25,000 square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; and (2) An adaptive reuse project located in a residential zone that results in less than nine residential units. All other adaptive reuse projects shall require major land development project review.
- (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.
- (9) Specific and objective provisions.
- (a) The specific and objective criteria for adaptive reuse projects are set forth in the regulations.