Adaptive reuse
1. Definition. Adaptive reuse is the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting those elements to the new use. Conversion of a nonresidential building to a multi-unit residential or mixed-use building is permitted in all zoning districts, notwithstanding the use restrictions of article II of this ordinance, if at least 50% percent of the gross floor area of the existing building is converted to dwelling units.
2. Review and approval.
(a) An adaptive reuse project in a residential zoning district that creates fewer than nine units or an adaptive reuse project in any zone that proposes no extensive exterior improvements shall be approved as a minor land development project.
(b) An adaptive reuse of an existing building with a gross floor area of less than 25,000 square feet for which extensive exterior improvement are not proposed is classified as a minor land development project.
(c) All other adaptive reuse projects are classified as major land development projects.
3. Residential density. Residential density of 15 dwelling units per acre shall be permitted, notwithstanding the requirements of article II of this ordinance, provided that:
(a) The developer must submit evidence to the planning board or the administrative officer that the on-site wastewater treatment systems required by R.I. department of environmental management regulations will be constructed and that adequate water for consumption and fire safety for the building will be provided.
(b) The developer may be required to submit a traffic study if the administrative officer or the planning board finds that the streets connecting the development to the nearest major collector street (as that term is defined in the R.I. statewide planning program's Technical Paper Number 165, Highway Functional Classification 2014) may not be adequate for the volume of traffic that the development is expected to generate. A required reduction in the proposed residential density must be based on a peer-reviewed traffic study.
4. Dimensional regulations.
(a) The height and the front, side, and rear yard setbacks of the building shall be treated as if they are legally nonconforming dimensions. The planning board shall have the authority to approve an additions to the existing building height, or reduction of the existing front, side, and rear yards, by special use permit.
(b) To obtain such a special use permit, the applicant must provide evidence that the proposed use with the proposed height and front, side, and rear yard dimensions will not substantially impact the appropriate use of the surrounding property or, if such an impact may occur, that it will be adequately mitigated by the installation or construction of fences, vegetative buffers, or by other measures.
5. Off-street parking and loading. The parking and loading requirements of article V of this ordinance shall apply to development of the site, provided, however, that:
(a) No more than one parking space shall be required for each dwelling unit, and
(b) The planning board or the administrative officer shall have the authority to waive or modify any requirement of article V of this ordinance that cannot be satisfied because of the size, shape, or location of the existing building or the lot on which the building is located.
6. Performance and development standards.
(a) Municipal services. The Planning Board must find that the development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces recreational programs and facilities, and other municipal services and facilities. The applicant shall estimate the impact the project will have on town services, including but not limited to police, fire, and emergency medical services; streets and other public infrastructure; and education. The developer may be required to submit a traffic study if the administrative officer or the planning board finds that the streets connecting the development to the nearest major collector street (as that term is defined in the R.I. statewide planning program's Technical Paper Number 165, Highway Functional Classification 2014) may not be adequate for the volume of traffic that the development is expected to generate.
(b) Water pollution. The project shall be designed to prevent the pollution of surface water or groundwater. In making this determination, the planning board will review the project area including, but not limited to, the elevation of the land above sea level and its relation to the flood plains, the nature of soils and subsoils and their ability to adequately support wastewater disposal and other DAM-approved discharge; the natural gradient of the land and its effect on effluents; the proximity of the project to the aquifer and aquifer recharge areas; and the availability of streams for surface runoff. The planning board may place conditions on approval that protect the quality of surface water and groundwater.
(c) Water supply. Sufficient water, including water pressure adequate for fire suppression equipment, must be available. The applicant must demonstrate by clear, convincing, and documented evidence that adequate potable water is available for reasonably foreseeable needs and that water use by the proposed development will not have an adverse impact on the water needs of adjacent properties.
(d) Wastewater disposal. If the development is located in the groundwater protection overlay zone or within a wellhead protection area:
i) The planning board shall require a total nitrogen removal of 50 percent at the treatment unit before discharge to the wastewater disposal system, pursuant to section 7.3 of this ordinance.
ii) The applicant shall submit an assessment of the potential impacts of the proposed on-site wastewater disposal systems on surface water, groundwater, and public or private wells on adjacent properties.
iii) The applicant shall prepare and submit to the Planning Board an operation and maintenance plan for the on-site wastewater disposal systems. The R.I. Handbook for Inspection of Operating Septic Systems shall be used as guidance for operation and maintenance.
(e) Unique areas. The Planning Board must find that the project will not have an adverse impact on the scenic beauty of the project area, historic sites, or rare and irreplaceable natural areas.
(f) Water bodies. If any part of the building is located within 300 feet of a water body or freshwater wetland, the proposed project shall not have an adverse impact on the water body or wetland.
(g) Well protection areas. If a well or wells will be installed on the property, the entire wellhead must be located on property owned by the owner of the project, or the owner of the project must have a conservation easement on the wellhead. No structure that requires wastewater disposal shall be permitted within the wellhead protection area except on-site wastewater disposal systems required to serve the project; no hazardous materials shall be stored within the wellhead protection area; and no use that may contaminate the groundwater shall be permitted within the wellhead protection area.
7. Environmental restrictions. Adaptive reuse of a building pursuant to this section is prohibited if the R.I. department of environmental management or the U.S. environmental protection agency has recorded a use restriction on the property in the land evidence records.
(Ord. of 12-4-2023(1))