19.13.030 Adaptive reuse of nonresidential buildings.
A. Purpose. The purpose of this section is to allow for adaptive reuse of nonresidential buildings in residential zones that are functionally obsolete in order to improve the economic feasibility of a property by considering uses that are not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or the immediate vicinity in general. This process differs from the unlisted use process listed in EMC 19.05.070(B) in that uses that are not specifically authorized in the underlying residential zone may be considered using the process described herein.
B. Procedures. Any request for adaptive reuse of nonresidential buildings shall be reviewed as set forth in Table 5-5 in EMC 19.05.120. If the property is outside a historic overlay zone but listed on a historic register or as a contributing structure in a historic register district, the historical commission shall review the proposal and make a recommendation to the review authority.
C. Circumstances. The city may allow a use in a residential zone that is not specifically allowed in that zone if it is necessary to encourage adaptive reuse of a building under the following circumstances:
1. It is unlikely that the primary building on the subject property could be preserved if only uses permitted in the underlying zone were allowed.
2. Allowing a different use would enhance the character of the building and immediate vicinity.
3. The use would not have a detrimental effect upon surrounding properties or the immediate vicinity.
D. Uses. The following uses may be considered for adaptive reuse of an existing building in a residential zone:
1. Dwelling units. Density based on underlying zoning plus one additional dwelling unit;
3. Libraries;
4. Museums and art galleries;
5. Social services;
6. Public services;
7. Business incubators;
8. Artist studios;
9. Music venues;
10. Cafes and bistros;
11. Live/work units;
12. Bed and breakfasts;
13. Other uses not listed above if determined through the review process to be compatible with surrounding properties and the immediate vicinity.
E. Review Criteria. The following criteria shall be used as the basis for determining compatibility with surrounding uses and approving, denying, or conditionally approving a request to allow the adaptive reuse of a nonresidential building in a residential zone:
1. Evaluation criteria set forth in EMC 15.03.100.
2. The adaptive reuse would promote or aid in the preservation or rehabilitation of the primary building.
3. No significant adverse impacts to public safety.
4. Compliance with building and fire codes.
5. Hours of the day of proposed use or activity.
6. Proposed management and operational procedures to minimize and mitigate potential impacts.
7. Expansions to the primary building shall not exceed ten percent of the existing footprint or five hundred square feet, whichever is greater, and will not detrimentally affect the outside character of the building.
8. Other factors not specified herein that would create adverse impacts to the immediate vicinity.
9. Any proposal that would adversely affect properties in the immediate vicinity shall be denied. The city shall retain the right to revoke a permit issued under this section that fails to comply with any conditions of approval of said permit, or which operates in a manner inconsistent with representations made in the application, pursuant to Chapter 1.20 EMC. (Ord. 3895-22 § 16, 2022; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)