Town of Foster
§ 38-360

Adaptive reuse

Pursuant to G.L. § 45-24-37(h), notwithstanding any other provisions of this chapter, 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 which include the development of at least 50 percent of the existing gross floor area into residential units, shall be a permitted use, except where such reuse is prohibited by environmental land use restrictions recorded on the property by the State of Rhode Island Department of Environmental Management or the United States Environmental Protection Agency preventing the conversion to residential use.

    • (1) Parking. Adaptive reuse developments shall require one parking space per dwelling unit.

    • (2) Density. For projects that meet the following criteria, high density development is permitted. Fifteen dwelling units per acre shall be permitted:

      • a. 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 and fire codes and utilities; and

      • b. The development includes at least 20 percent low- and moderate-income housing; and

      • c. The development has access to adequate private water, such as a well and/or wastewater treatment system(s) approved by the relevant state agency for the entire development as applicable.

    • (3) Density for developments not meeting the above criteria. For all other adaptive reuse projects, the residential density permitted in the converted structure shall meet the density requirements set forth in section 38-281, or the dimensional requirements set forth for a single-family residence in the district in which the property is located, whichever is applicable. The converted structure shall have access to adequate private water, such as a well, and wastewater treatment system(s) approved by the relevant state agency for the entire development, as applicable. The density proposed shall be determined to meet all public health and safety standards.

    • (4) Nonconforming provisions. See section 38-239 for nonconforming provisions.

(Ord. of 1-25-2024(5))