Permitted Uses
§ 114 Permitted Uses
[Added 2-21-2024 by Ord. No. 2024-03]
Notwithstanding any other provisions of this chapter, the following uses are permitted uses within all residential zoning districts and all industrial and commercial zoning districts except where residential use is prohibited for public health or safety reasons:
A. Households;
B. Community residences;
C. Family daycare homes; and
D. Adaptive reuse (as defined in RIGL 42-64.22-2).
1. Eligibility.
a. At least 50% of the existing gross floor shall be developed into residential units.
b. There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.
2. Density.
The density proposed for any adaptive reuse project shall meet all public health and safety standards.
a. For projects that meet the following criteria, the minimum residential density shall be fifteen (15) dwelling units per acre:
(1) 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.
(2) The development includes at least twenty percent (20%) low- and moderate-income housing.
(3) 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.
b. 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.
3. Dimensional requirements.
a. Notwithstanding any other provisions of this chapter, existing building setbacks shall remain and the encroachments are considered legal nonconforming.
b. No additional encroachments shall be permitted into any nonconforming setback unless otherwise allowed by zoning ordinance or relief is granted by the applicable authority.
c. Notwithstanding other provisions of this chapter, the height of the existing structure shall be considered legal nonconforming and main remain if it exceeds the maximum height of the zoning district in which the structure is located.
(1) Any rooftop construction is included in the height exemption.
4. Parking requirements.
a. Adaptive reuse developments shall provide a minimum of one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.
b. The parking requirements and design standards in Section 502 of this ordinance 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.
5. Allowed uses within an adaptive reuse project.
a. 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.
b. Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Appendix B of this ordinance.
Editor's Note: Appendix B is included as an attachment to this chapter.
6. Development and Design Standards. Site design shall be in accordance with the Land Development and Subdivision Regulations.
7. Procedural requirements.
a. Adaptive reuse projects shall be subject to the procedural requirements of the Subdivision Regulations and undergo either Development Plan Review, Minor, or Major Land Development as determined in that section.
b. In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:
(1) The proposed residential density and the square footage of nonresidential uses. Residential density under the provisions of subsection D2b of this section shall require the submission of a detailed floor plan as described in subsection D7b(2) of this section as part of the application.
(2) 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 room and each unit.