Town of West Greenwich, RI Article IX Lawful Nonconforming Uses and Adaptive Reuse

[Amended 12-13-2023]

§ 400-95 Continuance.

A. Any use lawfully existing on the effective date of this chapter or any amendment thereto and not conforming to the use or dimensional regulations of the zone in which it is located shall be considered a "lawful nonconforming use." A lawful nonconforming use may be continued, except as provided below:

[Amended 7-11-2018]

(1) No lawful nonconforming use shall be enlarged, extended, expanded, or increased without a special use permit from the Zoning Board of Review.

(2) If a lawful nonconforming use is discontinued for a period of one continuous year, it shall not be allowed to be resumed without a special use permit from the Zoning Board of Review.

[Amended 5-18-2021]

B. For the purpose of this chapter, the following actions shall indicate an intention to discontinue a lawful nonconforming use:

(1) Removal of equipment, machinery, fixtures or inventory from the premises.

(2) Leaving the property to the elements.

(3) Use of the property for a conforming use.

(4) Substitution of a different nonconforming use for that existing at the time of adoption or amendment of this chapter without a special use permit..

[Amended 7-11-2018; 5-18-2021]

(5) Voluntary demolition of the structure.

(6) Lapse of or failure to apply for license or permits necessary to the continuance of such nonconforming use.

(7) Failure to appeal the denial of a permit to continue the prior use.

§ 400-96 Destruction.

A. If a lawful nonconforming use is destroyed by reason of fire, accident or by act of God, such use may be reconstructed or replaced, provided such reconstruction or replacement is in the same location and does not exceed the destroyed building or use in total floor area or used land area.

B. If a lawful nonconforming use is demolished at the direction of the owner, such use may not be reestablished without a special use permit from the Zoning Board of Review, which must be applied within one year from the date of demolition. Nothing in this chapter shall prevent or be construed to prevent the performance of normal maintenance work or work necessary to comply with safety codes on a lawful nonconforming use.

[Amended 5-18-2021]

§ 400-97 Change of use and adaptive reuse.

[Amended 5-18-2021; 12-13-2023]

A. A lawful nonconforming use may be changed to another nonconforming use only with a special use permit from the Zoning Board of Review. Existing buildings to remain (and reused) must obtain a system suitability determination from the RI Department of Environmental Management, if an on-site septic system (OWTS) serves the building. Existing buildings to remain (and reused) must be brought up to the requirements of the RI State Building Code, as may be in effect at the time, for changes of use.

B. 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.

(1) Eligibility.

(a) Adaptive reuse development must include at least 50% of existing gross floor area 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 calculations.

(a) The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards. For projects that meet the following criteria, the residential density shall be no less than 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 fire code, and utility requirements.

[2] The development includes at least 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 section, existing building setbacks shall remain and are considered legal nonconforming.

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

(c) 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.

(d) Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

(4) Parking requirements.

(a) Adaptive reuse developments shall provide 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 Article VIII 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 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 Article II for the zoning district in which the structure is located.

(6) Development and design standards. Site design shall be in accordance with the development regulations.

(7) Procedural requirements.

(a) Adaptive reuse projects shall be subject to land development project review as set forth in the regulations.

(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.

[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 unit.

(8) Specific and objective provisions. The specific and objective criteria for adaptive reuse projects are set forth in the regulations.