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Lincoln
Town of Lincoln Zoning Ordinance
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§ 260-49

Mill Conversion Overlay District (MCOD)

  • A. Purpose. The purpose of this section is to create an overlay district:
    • (1) To allow for conversion of Lincoln's historic mills while preserving the character of nearby residential and commercial neighborhoods;
    • (2) To encourage the preservation, reuse and renovation of historic mill properties; and
    • (3) To promote diversified housing opportunities and uses such as commercial, retail or office use, or a combination of such uses.
  • B. Overlay district. The Mill Conversion Overlay District (MCOD) is hereby established and construed as an overlay district. Within the MCOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supersede such underlying requirements or provide alternatives to such requirements.
  • C. Location. The MCOD shall consist exclusively of the following properties:
    • (1) Sayles Finishing Plant, Assessor's Plat 2, Lots 17, 74, 77, 81, 82, 84, 86, 87, 88, 88A, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 105, 107, 109, 113, 115.
    • (2) Lonsdale Bleachery Complex, Assessor's Plat 5, Lots 1, 55, 56, 58, 60, 61, 62, 63, 64, 65, 67, 69, 70, 71, 72, 74, 75, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 90, 92, 93, 95, 96, 98, 99, and Assessor's Plat 12, Lot 210.
    • (3) Cotton Warehouse, Assessor's Plat 35, Lots 176 and 193.
  • D. Special permit required. Within the MCOD a mill conversion project (MCP) may be constructed upon the issuance of a special use permit by the Zoning Board. No other use or structures shall be permitted in conjunction with an MCP, except as specifically provided herein. A proposed MCP must encompass the entire building and/or complex. The application must describe all proposed uses and existing uses to remain within the project.
  • E. Special permit granting authority. The Zoning Board shall serve as the special use permit granting authority pursuant to this section. The MCOD special use permit may be combined with other requested special use permits for the proposed project. An application for a special use permit shall be governed by the following rules.
  • F. Application. An application for a special use permit shall be submitted to the Zoning Board on forms furnished by the Zoning Enforcement Officer in accordance with its regulations. In addition, the applicants shall submit:
    • (1) Plans. The following plans:
      • (a) A site plan and all supporting documents as set forth in the application.
      • (b) A plan at an appropriate scale showing the topography of the site at a minimum of two-foot intervals, as well as vegetation and special features, including wetlands, perennial streams and ponds, waterways, waterfalls, canals and dams, trees of more than eight inches caliper, rock outcroppings, slopes in excess of 15%, existing and proposed trails and paths, open vistas, structures of historical importance and biological or wildlife habitats, and proposed conservation and recreation easement areas.
      • (c) A plan illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings, and typical elevations, as well as general height, bulk and appearance of structures. Perspective drawings may be subsequently required by the Zoning Board.
      • (d) A floor plan to scale for each floor of each building indicating, if applicable:
        • [1] Number of units.
        • [2] Number of bedrooms.
        • [3] Proposed use of the floor space.
        • [4] Location of affordable dwelling units.
      • (e) A plan describing the care, custody, and control of all dams and water rights, if applicable to the site.
    • (2) Narrative reports. The following narrative reports or data is required:
      • (a) A proposed development schedule showing the beginning of construction, the rate of construction and development, including construction phases if applicable, and the estimated date of completion.
      • (b) A development impact statement prepared by a qualified professional detailing the impact of the development, at all phases including construction and operation, on:
        • [1] The Town's capacity to furnish public services, including but not limited to roads, police, fire, emergency services, schools, sewer, and water;
        • [2] Vehicular and pedestrian traffic, water and air quality, noise and light pollution and other environmental concerns.
      • (c) Information pertaining to any organization which the applicant proposes to form whether the development is to be a condominium or other ownership organization, including forms and plans to be used to organize and manage the same, for approval as to form by the Town Solicitor.
      • (d) Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the Town, utility companies, any condominium or other ownership organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by the Town Solicitor.
      • (e) A concise narrative prepared by a preservation consultant including any and all historical information to be submitted to the Zoning Board. This narrative will include:
        • [1] Architectural history of all structures on site, including period, style, method of building construction, and association with any particular architect or builder.
        • [2] Any important association with one or more historic persons or events.
        • [3] Any cultural, political, economic, or social history of the site or any of its structures to the Town, State of Rhode Island, or the United States of America.
      • (f) Evidence that the proposed MCP is consistent with the applicable standards of the National Park Service and/or the Rhode Island State Historical Society.
      • (g) Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the applicant's proposed development meets the objectives of this section.
    • (3) Additional information. The applicant is strongly encouraged to meet with the Zoning Enforcement Officer before submitting the proposed MCP. The Zoning Enforcement Officer may require additional supporting documentation and/or plans based on the nature and complexity of the proposed MCP.
  • G. Fees. The applicant shall pay an administrative fee pursuant to the rules of the Zoning Board.
  • H. Waiver. The Zoning Board may waive the submittal of technical information or documents otherwise required hereunder where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the Zoning Board's decision pursuant to this section.
  • I. Standards. In order to be eligible for consideration for a special use permit pursuant to this Section, the proposed development shall meet all of the following standards:
    • (1) Buffer. A buffer area of 100 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied residential properties, except for driveways necessary for access and egress to and from the MCP; provided, however, that existing structures and existing access roadways are exempt from the requirements set forth herein. However, existing structures and parking areas shall not be made more nonconforming except for American's with Disability Act (ADA) compliance. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Zoning Board may waive the buffer requirement when the Zoning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.
    • (2) Removal and replacement of vegetation. Within the site, no clear cutting shall be permitted, except as authorized by special permit and incidental to construction of buildings, roads, trails, and parking areas. The Zoning Board may require suitable landscaping or replacement of vegetation.
    • (3) Roadways. The principal roadway(s) within the site shall be adequate for the intended use and vehicular traffic and shall be maintained by the owner of the roadway.
    • (4) Number of parking spaces. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces shall be computed using the requirements of Article V or other applicable provisions herein. The Zoning Board may increase the required parking by up to 10% to serve the needs of residents, employees, visitors and service vehicles. The Zoning Board may reduce the otherwise required number of parking spaces where the applicant demonstrates that an adequate number of spaces will be provided.
    • (5) Commercial vehicles. Commercial vehicles owned or operated by owners or tenants of the MCP, or their agents, servants, licensees, suppliers and invitees, shall be parked inside a garage or suitably screened and designated area, except for delivery or service vehicles in the active service of receiving or delivering goods or services.
    • (6) Parking areas. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways. All parking areas shall conform to Article V of this chapter. Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas; provided, however, that the Zoning Board may waive these provisions for existing parking lots and/or existing buildings. Parking lot layouts shall be planned to permit landscaped buffers or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional fencing, hedges, walls or landscape berms to define parking areas is encouraged.
    • (7) Paving. Paving should be textured or of different materials at pedestrian crossings and walkways and is encouraged. The use of stone, brick, or cultured stone pavers for entrance walkways is encouraged. The use of textured materials for walkway borders is encouraged.
    • (8) Paths. The Zoning Board may require paths, which shall be attractively designed with regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks on adjacent sites.
    • (9) Loading. Loading areas may be required by the Zoning Board where deemed necessary for the efficient operation of the MCP. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties.
    • (10) Stormwater management. The stormwater management system(s) shall be designed in accordance with the Town of Lincoln's Land Development and Subdivision Regulations, as amended.
    • (11) Utilities. All electric, gas, telecommunications, water distribution lines, and sewer lines shall be placed underground, except upon a demonstration of exceptional circumstances. The facility shall be served by the municipal water and sewerage systems.
    • (12) Emergency systems. The MCP shall have an integrated emergency call, and/or telephone and/or other communications system for its residents and/or tenants. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the local Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.
    • (13) Lighting. Illuminated signs, parking lot lighting, building floodlighting, or other exterior lighting shall be so designed and arranged that the collective result does not create so much light overspill onto adjacent premises that it casts observable shadows, and so that it does not create glare from unshielded light sources.
    • (14) Signage plan. The applicant shall provide a signage plan for the proposed MCP. This signage plan must conform to Article VI of this chapter.
  • J. Number of dwelling units. The maximum number of dwelling units shall be established by the Zoning Board after reviewing the following criteria.
    • (1) Existing structures;
    • (2) Trip generation, traffic safety, and internal site traffic;
    • (3) Character of the proposed MCP and its relation to the surrounding neighborhood(s);
    • (4) Character of the existing buildings and the potential for reuse thereof;
    • (5) Number of affordable units, beyond the minimum required, proposed by the applicant;
    • (6) Development impact statement; and
    • (7) Reports and recommendations of all other reviewing boards.
  • K. Number of bedrooms. The Zoning Board shall ensure the diversification of dwelling units within an MCP by establishing the number of dwelling units with one, two, or three bedrooms, but not more than 10% of the units shall be three bedrooms.
  • L. Expansion of existing buildings. Existing buildings within an MCOD may be expanded, provided that such expansion:
    • (1) Is consistent with the existing building's historic character and scale; and
    • (2) Does not cause substantial detriment after considering the factors set forth in § 260-49F.
  • M. New buildings. Within the MCP, new buildings may be constructed in accordance with the following requirements:
    • (1) The number, type, scale, architectural style, and uses within such new building shall be subject to Zoning Board approval.
  • N. Affordable dwelling units. As a condition of granting a special use permit for an MCP, a minimum of 25% of the total number of dwelling units shall be required and restricted as affordable dwelling units for a period not less than 30 years.
    • (1) The thirty-year restriction shall be approved as to form and substance by legal counsel to the Zoning Board. Following the thirty-year affordability period, a right of first refusal upon the transfer of such restricted units shall be granted to the Lincoln Housing Authority for a period of not less than 120 days after notice thereof;
    • (2) Affordable dwelling units shall be integrated into the overall development of an MCP so as to prevent the physical segregation of such units;
    • (3) The applicant shall be encouraged to seek designation as affordable dwelling units which qualify as part of the affordable housing inventory as approved and compiled by Rhode Island Housing and Mortgage Finance Corporation. The Zoning Board may require that the applicant affirmatively take steps to utilize the Lincoln Housing Authority, a public agency, a nonprofit agency, limited dividend organization, or other appropriate entity, so as to timely furnish all forms and information necessary to have those units referenced in said paragraphs designated as affordable dwelling units, qualifying as part of the affordable housing inventory. The Zoning Board may require submission of application, forms, and appropriate information to Rhode Island Housing and Mortgage Finance Corporation as a condition of approval.
  • O. Review by other boards and commissions. The Zoning Board may require the MCP to be reviewed by other Town boards and commissions based on the nature and complexity of the proposed MCP.
  • P. Action by the Zoning Board. The Zoning Board after considering reports from other boards and/or commissions may grant a special use permit for an MCP where it makes the following findings:
    • (1) The proposed MCP constitutes an appropriate renovation as defined above; and
    • (2) The proposed MCP does not cause substantial detriment to the surrounding neighborhood after considering:
      • (a) Noise during the construction and operational phases;
      • (b) Pedestrian and vehicular traffic;
      • (c) Environmental harm;
      • (d) Visual impact caused by the character and scale of the proposed structure(s); and
      • (e) For the consequences that may be set forth in the development impact statement for the MCP.