§ 411. Commercial/Residential Mixed Use

A. Purpose. The purpose of this section is to allow the establishment of mixed use buildings in the commercial and mixed use districts in order to assist in the development of a more compact, pedestrian oriented and vibrant town center, while reducing demand for new housing elsewhere, and providing additional seasonal and year round housing for employees of businesses in town.

B. Uses. A Commercial/Residential Mixed Use building consists of the following uses:

1. Commercial. The first floor at street level shall be used for commercial purposes, except that the rear portion of the building not fronting on a street may be used for residential purposes. Commercial uses include retail trade, professional and business services, and restaurants, provided such uses are allowed in the zoning district in which the Commercial/Residential Mixed Use is located.

2. Residential. A portion of, or the entire second floor, or upper floors if the building is more than two stories in height, shall be used for residential purposes consisting of separate dwelling units. A total of forty percent (40%) of the dwelling units, but a minimum of one (1) dwelling unit per building, shall be dedicated for occupancy by persons deriving income from seasonal or year-round employment from the operation of a business in the town through a deed restriction running with the property in favor of the Town of New Shoreham in accordance with the provisions of Section 513E, or by qualifying as low or moderate income housing under the RI Low and Moderate Income Housing Act. The forty percent requirement may be applied on a parcel basis if more than one building on a lot or lots under common ownership consists of a Commercial/Residential Mixed Use building, provided there is one such dedicated or affordable apartment per building regardless of the total number of residential units included as part of the Commercial/Residential Mixed Use.

C. Procedures. A Commercial/Residential Mixed Use is allowed by Special Use Permit in the RC/M and MU Zones and by right in the OHC, NHC and SC Zones. Such use shall also require Development Plan Review by the Planning Board under the provisions of Section 704. When a Special Use Permit is required, the Planning Board may undertake the development plan review and the advisory request to the Zoning Board of Review concurrently.

D. Standards. Commercial/Residential Mixed Use shall meet the following requirements and standards:

1. Public Sewer and Water. A Commercial/Residential Mixed Use shall be required to be connected to the municipal sewer system and where feasible, to the municipal water system.

2. Density. Dwelling units that are part of a Commercial/Residential Mixed Use are permitted on the lot or parcel in question without regard to the residential density that would otherwise be required for the zoning district under Article 3. Density shall be determined by availability of parking for all uses and limits on lot building coverage, lot coverage and building height.

3. Minimum Dwelling Size. Dwelling units in a Commercial/Residential Mixed Use shall not be less than three hundred forty (340) square feet of living area.

4. Parking, Landscaping and Lighting Provisions. The minimum parking requirements for all uses contained in Section 502, the specific landscape and buffer requirements of Section 503, and the outdoor lighting standards of Section 512, as applied to a Commercial/Residential Mixed Use project, shall be adhered to.

(Section amended in its entirety July 6, 2009)