Adaptive reuse
(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, under the criteria described below under 7.24(b) Eligibility.
(b) Eligibility.
(1) Adaptive reuse development must include at least 50 percent of the existing gross floor area development into residential units.
(2) There are no 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.
(c) Density calculations.
(1) For projects that meet the following criteria, the residential density shall be no less than 15 dwelling units per acre:
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 utility requirements.
b. The development includes at least 20 percent low- and moderate-income housing; and
c. The development has access to public sewer and water service or 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.
(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 service or has 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,
(3) The density proposed shall be determined to meet all public health and safety standards.
(d) Dimensional requirements.
(1) Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.
(2) No additional encroachments shall be permitted into any nonconforming setback, unless otherwise allowed by zoning ordinance or relief is granted by the applicable authority.
(3) Notwithstanding any other provisions of this section, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included within the height exemption.
(e) Parking requirements.
(1) 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.
(2) The parking requirements and design standards Section 7.16 of the zoning ordinance which 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.
(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 the zoning district in which the structure is located.
(g) Development and design standards. Site design shall be in accordance with the Narragansett Subdivision and Land development Regulations.
(h) Procedural requirements.
(1) Adaptive reuse project shall be subject to the procedural requirements of the Narragansett Subdivision and Land Development Regulations and undergo development plan review, minor, or major land development review as determined in that section.
(2) In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:
a. The proposed residential density and the square footage of nonresidential uses.
b. 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.
(Ch. 1117, § 7, 12-18-2023)
Editor's note— Ch. 1117, § 7, adopted December 18, 2023, added provisions intended as § 7.21. In order to avoid duplication of numbering, and at the direction of the town, these provisions have been added as set out herein.