(A) Notwithstanding any other provisions of this chapter, 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 which include the development of at least 50% of the existing gross floor area into residential units, shall be a permitted use in all districts and allowed subject to provisions of this section, except where such use is prohibited by 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.
(B) All adaptive reuse projects are subject to development plan review, and must comply with all other applicable requirements of this chapter except as indicated in this section.
(C) Adaptive reuse developments shall be required to provide one off-street parking space per dwelling unit.
(D) Density.
(1) For projects that meet the following criteria, high density development is permitted up to 15 dwelling units per acre;
(a) Where the project is limited to the existing building footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building and fire codes and utilities; and
(b) The development includes at least 20% 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 systems(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. The density proposed shall be determined to meet all public health and safety standards.
(E) Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback, unless otherwise allowed by zoning ordinance or relief is granted by the applicable authority.
(F) For adaptive reuse projects, notwithstanding any other provisions of this chapter, 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 shall be included within the height exemption.
(Ord. 2023-10, passed 12-18-23)