The Town Council of the Town of Richmond hereby ordains that the Code of Ordinances is amended by adding a chapter to be numbered 18.23 that reads as follows:
Chapter 18.23
ADAPTIVE REUSE
18.23.010 Definition.
18.23.020 Permitted uses.
18.23.030 Review and approval.
18.23.040 Residential density.
18.23.050 Dimensional regulations.
18.23.060 Off-street parking and loading.
18.23.070 Environmental restrictions.
18..23.010 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.
18.23.020 Permitted uses.
A. 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 Ch. 18.16 of this Title, if at least 50% percent of the gross floor area of the existing building is converted to dwelling units.
B. For an adaptive reuse project that includes non-residential uses, the following uses are permitted, notwithstanding the provisions of Ch. 18.16 of this Title.
| Use Code | Use Description |
| 214 | Indoor horticulture |
| 306 | Private nursery school or kindergarten |
| 320 | Child or adult day care for up to 8 persons |
| 322 | Child or adult day care for 9 or more persons |
| 330 | Nursing home, assisted living, continuing care, hospice |
| 414 | Health club |
| 442 | Museum, library |
| 702 | Professional offices |
| 704 | Bank, financial institution |
| 710 | Business offices not otherwise specified |
| 734 | Health-related services |
| 736 | Personal services |
| 738 | Retail services |
| 740 | Repair services |
| 752 | Pet grooming |
| 762 | Laundry, laundromat |
| 764 | Dry cleaner, drop off and pick up only |
| 804 | Specialty food store |
| 814 | Convenience store |
| 816 | General retailer in a building less than 20,000 sq. ft. gross floor area |
| 820 | Package store |
| 822 | Cannabis retailer |
| 854 | Artisan studio |
| 863 | Microbrewery |
| 864 | Restaurant serving alcoholic beverages |
| 866 | Eating place, no service of alcoholic beverages |
18.23.030 Review and approval.
A. An adaptive reuse project in a residential zoning district that creates fewer than nine units or an adaptive reuse project in any zone that proposes no extensive exterior improvements shall be approved as a minor land development project.
B. An adaptive reuse of an existing building with a gross floor area of less than 25,000 square feet for which extensive exterior improvement are not proposed requires approval as a minor land development project.
C. All other adaptive reuse projects require approval as major land development projects.
D. The provisions of Ch. 18.21 of this Title apply to adaptive reuse projects located in the aquifer protection overlay district.
18.23.040 Residential density. The residential density limitations of the zoning district in which the building is located, including the requirements of Sec. 18.36.100 of this Chapter, shall not apply to buildings redeveloped pursuant to this Section, provided, however, that:
A. The developer must submit evidence to the planning board or the administrative officer that the on-site wastewater treatment systems required by R.I. department of environmental management regulations will be constructed and that adequate water for consumption and fire safety for the building will be provided.
B. The developer may be required to submit a traffic study if the administrative officer or the planning board finds that the streets connecting the development to the nearest major collector street (as that term is defined in the R.I. statewide planning program’s Technical Paper Number 165, Highway Functional Classification 2014, as amended) may not be adequate for the volume of traffic that the development is expected to generate. A required reduction in the proposed residential density must be based on a peer-reviewed traffic study.
18.23.050 Dimensional regulations.
A. The height 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, by special use permit.
B. To obtain such a special use permit, 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.
18.23.060 Off-street parking and loading. The parking and loading requirements of Ch. 18.29 of this Title shall apply to development of the site, provided, however, that:
A. No more than one parking space shall be required for each dwelling unit, and
B. The planning board or the administrative officer shall have the authority to waive or modify any requirement of Ch. 18.29 that cannot be satisfied because of the size, shape, or location of the existing building or the lot on which the building is located.
18.23.070 Environmental restrictions. Adaptive reuse of a building pursuant to this Chapter 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.
(Ord. dated 5-21-24)
REFERENCES
R.I. Gen. Laws §§ 45-23-32, 45-23-38, 45-23-42, 45-23-50, 45-24-31, 45-24-37, 45-24.3-11; 510-RICR-00-00-6.