(A)

Definition. Adaptive reuse is the conversion of an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting those elements to the new use.

(B)

Residential use. Conversion of a nonresidential building to a multi-unit residential or mixed-use building is permitted in all zoning districts, notwithstanding the use restrictions of section 5 of this ordinance, if at least fifty (50) percent of the gross floor area of the existing building is converted to dwelling units.

(C)

Non-residential uses. If an applicant proposes a mixed-use adaptive reuse project, the planning board shall have the authority to determine the permitted nonresidential uses to which a portion of the building may be devoted. The planning board's determination shall be based on the size of the project, the location of the project, and the character of the surrounding area.

(D)

Review and approval.

(1)

An adaptive reuse project in a residential zoning district that creates fewer than nine (9) units or an adaptive reuse project in any zone that proposes no extensive exterior improvements shall be approved as a minor land development project.

(2)

An adaptive reuse of an existing building with a gross floor area of less than twenty-five thousand (25,000) square feet for which extensive exterior improvement are not proposed shall be approved as a minor land development project.

(3)

All other adaptive reuse projects require approval as major land development projects.

(E)

Residential density.

(1)

The residential density shall be at least fifteen (15) units per acre for projects that meet the following criteria:

a.

The project is limited to the existing building footprint and any expansion necessary to comply with building code, fire code, and utility requirements.

b.

The project includes at least twenty (20) percent low- or moderate-income housing.

c.

The development has access to adequate water and the R.I. department of environmental development has approved on-site wastewater treatment systems adequate to serve the entire development.

(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 systems approved by the relevant state agency for the entire development, as applicable. The density proposed shall be determined to meet all public health and safety standards. The applicant shall submit a floor plan prepared by an architect licensed in Rhode Island demonstrating that each room in each unit will have the required minimum area.

(3)

The planning board will not approve any adaptive reuse project unless the applicant can produce sufficient technical data to show to the satisfaction of the board that the development will have access to adequate public water or well water, including adequate water pressure for fire suppression systems.

(F)

Dimensional regulations.

(1)

The height of the building, including HVAC and utility equipment existing or added on the roof, and the front, side, and rear yard setbacks of the building, shall be treated as if they are legally nonconforming dimensions. The planning board shall have the authority to approve addition to the existing building height, or reduction of the existing front, side, and rear yards.

(2)

To obtain approval of addition to the existing building height or reduction of the existing front, side, and rear yards, the applicant must provide evidence that the proposed use with the proposed height and front, side, and rear yard dimensions will not substantially impact the appropriate use of the surrounding property or, if such an impact may occur, that it will be adequately mitigated by the installation or construction of fences, vegetative buffers, or by other measures.

(G)

Off-street parking and loading. The parking and loading requirements of sections 28 and 29 of this ordinance shall apply to development of the site, provided, however, that:

(1)

No more than one (1) off-street parking space shall be required for each dwelling unit, and

(2)

The planning board or the administrative officer shall have the authority to waive or modify any requirement of sections 28 or 29 of this ordinance that cannot be satisfied because of the size, shape, or location of the existing building or the size or shape of the lot on which the building is located.

(H)

Environmental restrictions. Adaptive reuse of a building pursuant to this section is prohibited if the R.I. Department of Environmental Management or the U.S. Environmental Protection Agency has recorded a use restriction on the property in the land evidence records.

(Ch. 292, §(Exh. W), 12-4-23)