§ 260-20.1
Adaptive reuse projects
[Added 11-21-2023 by Ord. No. 2023-08]
- A. 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 in all zoning districts, under the criteria described below under Subsection B, Eligibility.
- B. Eligibility.
- (1) At least 50% of the existing gross floor and 100% of any allowed additional gross floor area shall be developed into residential units.
- (2) There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.
- (3) Up to a 10% expansion of the existing structure is permitted as part of an adaptive reuse project. The permitting authority can consider expansions up to 20% of the existing structure when there is an increase in the amount of low-and moderate — income units as a result of the expansion.
- C. Density. The density proposed for any adaptive reuse project shall meet all public health and safety standards.
- (1) For projects that meet the following criteria, the maximum residential density shall be 15 dwelling units per acre:
- (a) Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded as authorized in this section and to accommodate upgrades related to the building fire code, and utility requirements.
- (b) The development includes at least 20% low- and moderate-income housing.
- (c) 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.
- (2) 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.
- (1) For projects that meet the following criteria, the maximum residential density shall be 15 dwelling units per acre:
- D. Dimensional requirements.
- (1) Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and the encroachments are considered legal nonconforming.
- (2) No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.
- (3) Notwithstanding other provisions of this chapter, 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.
- (a) Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.
- E. Parking requirements.
- (1) Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional.
- (2) The parking requirements and design standards in Article V, § 260-31 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 all uses other than residential.
- F. Allowed uses within an adaptive reuse project.
- (1) 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.
- (2) Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Chapter 260 Attachment 1 for the zoning district in which the structure is located.
- G. Development and design standards. Site design shall be in accordance with the Section 22 of the Land Development and Subdivision Regulations.
- H. Procedural requirements. Adaptive reuse projects shall be subject to the procedural requirements of the Land Development and Subdivision Regulations and undergo either Development Plan Review, Minor, or Major Land Development as determined in that section.