The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

The following use regulations in table 1 and table 2 are designed to regulate land uses in the various zoning districts in the city. Each use group is identified by a use code number and is a separate use. The use code is a classification system designed to limit and aid in the interpretation of the use regulations. The code number in the use regulations corresponds to a more detailed listing of uses in appendix A of this ordinance. Where a use is not specifically listed, such use is not permitted unless the building official shall (pursuant to G.L. 1956, § 45-24-54) upon written request, provide written information to the requesting party as to the determination that the use is included within the appropriate use code number in appendix A of this ordinance within 15 days of the written request. In the event that no response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.

The provisions of this ordinance shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone lines, cable television lines, oil pipelines, sewer mains, and incidental appurtenances and installations.

(1)

Notwithstanding any other provision of this ordinance, the following uses are permitted uses within all residential zoning use districts and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons:

(a)

Households;

(b)

Community residences; and

(c)

Family daycare homes.

(2)

Any time a building or other structure used for residential purposes, or a portion of a building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for a period of up to 12 months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to remain temporarily upon the land by making timely application to the local building official for the purposes of obtaining the necessary permits to repair or rebuild the structure.

(3)

Notwithstanding any other provision of this ordinance, appropriate access for people with disabilities to residential structures is allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.

(4)

Notwithstanding any other provision of this ordinance, an accessory dwelling unit (ADU) that complies with G.L. 1956, §§ 45-24-31 and 45-24-73 shall be permitted.

(5)

When used in this section the terms "people with disabilities" or "member, or members, with disabilities" means a person(s) who has a physical or mental impairment that substantially limits one or more major life activities, as defined in G.L. 1956, § 42-87-1(7).

(6)

Notwithstanding any other provisions of this ordinance, plant agriculture is a permitted use within all zoning districts, including all industrial and commercial zoning districts, except where prohibited for public health or safety reasons or the protection of wildlife habitat.

(7)

Adaptive reuse. Notwithstanding any other provisions of this ordinance, 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 eligibility.

(a)

Eligibility.

i.

Adaptive reuse development must include at least 50 percent of existing gross floor area developed into residential units.

ii.

There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the U.S. EPA.

(b)

Density calculations.

i.

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 fire code, and utility requirements.

b.

The development includes at least 20 percent 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.

ii.

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.

iii.

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

(c)

Dimensional requirements.

i.

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

ii.

No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

iii.

Notwithstanding other provisions of this section, 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.

(d)

Allowed uses within an adaptive reuse project.

i.

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.

a.

Uses listed in tables of use regulations. Permitted uses are denoted in tables 1 and 2 with a "Y" for yes. Uses which are not permitted are denoted with an "N" for no. Uses permitted only upon approval of the board are denoted with an "S" for special use permit. A special use permit shall only be approved in accordance with the provisions of this ordinance and only if the proposed use meets the criteria described in Section 514. Uses that are permitted as an accessory building are denoted with an "A." Where a use is located in an overlay zone, additional uses are permitted, and other restrictions shall apply in addition to the underlying uses listed in this table. Any number of uses may be located on a lot provided each use is permitted and all other requirements of this ordinance are met.

b.

Uses not listed in tables of use regulations. To the extent a proposed land use is not specifically listed in tables 1 or 2 as applicable, the property owner may submit a written request to the zoning official for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. The zoning official will have 15 days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special use permit.

TABLE 1 - USE REGULATIONS

TABLE 2 - CONANT THREAD USE REGULATIONS