Credit: Preservation Green Lab, National Trust for Historic Preservation, Urban Land Institute
Inspired by successful adaptive reuse policies in Los Angeles, Phoenix, and other cities, the Preservation Green Lab has developed this model ordinance for policymakers interested in spurring revitalization through reuse in their own communities. Adaptive reuse ordinances can help cities unlock the potential of older buildings.
This model adaptive reuse ordinance is comprised of two parts: model guidance policies and a model zoning overlay ordinance. The ordinance can complement existing preservation policies and programs by creating a framework to incentivize adaptive reuse of historic and non-historic older buildings alike. In most jurisdictions, this ordinance should be administered by local zoning and building officials, coordinating with historic preservation staff and commissions when designated properties are affected.
Lengthy permit review time can pose a barrier to reuse projects; therefore, in addition to the model policies and regulations, jurisdictions should con sider creating a multi-departmental team that will become familiar with the adaptive reuse code and coordinates to provide an efficient review of proposed projects. Jurisdictions considering an adaptive reuse ordinance should also adopt supportive policies, such as those listed on the following page, into their local comprehensive or general plan.
The model ordinance has been written as a standalone chapter that can be adopted into an existing zoning code. It should be considered in tandem with zoning map amendments to delineate and specify the extent and applicability of the proposed adaptive reuse overlay zones. The purpose of this adaptive reuse ordinance is to reduce regulatory barriers to building reuse and to simplify and facilitate the permitting process.
MODEL GUIDING POLICIES: ADAPTIVE REUSE
Policy 1: Promote adaptive reuse as part of broader goals supporting his toric preservation, economic development, and environmental sustainabili ty and resilience
Policy 2: Recognize the social, economic, and environmental value of older buildings
Policy 3: incentivize building reuse at a neighborhood scale to encourage activation of a cohesive district of older. buildings
Policy 4: Eliminate or allow nonconformance with certain development regulations that would make adaptive reuse of eligible buildings infeasible, including such standards related to parking and loading, height, density, floor-area ratio, and open space
Policy 5: Encourage adaptive reuse projects to provide space for a mix of uses
Policy 6: Prioritize the review of adaptive reuse projects through inter departmental coordination
Policy 7: Allow alternative building and fire code compliance for eligible adaptive reuse projects able to demonstrate an alternative means or meth od of protecting public health, safety, and welfare
Policy 8: Allow alternative compliance with public works standards, where alternative compliance will protect public health, safety, and welfare
Policy 9: Adopt a zoning overlay outlining specific provisions to incentivize adaptive reuse
Policy 10: [Add policy identifying in general terms areas of the jurisdiction where adaptive reuse incentives could be applied.]
MODEL ZONING OVERLAY, ADAPTIVE REUSE ORDINANCE
1. Purpose
The purpose of this Adaptive Reuse Ordinance is to provide a more efficient way for eligible buildings and adaptive reuse projects to meet zoning, building, fire protection, and public utility standards. The provisions of this program can apply to all or portions of eligible buildings located in a designated adaptive reuse overlay zone, where the building’s current use is being changed to a different use.
2. Definitions.
2.1. Adaptive reuse overlay zone – An area designated on the [ local zoning map] where adaptive reuse projects in eligible buildings are
2.2 Adaptive reuse project – Any change of use from a building’s cur rent use to a new use in all or a portion of any eligible
2.3 Eligible building – Any building within an Adaptive Reuse Overlay Zone that is at least 50 years old and that was constructed in accordance with building and zoning codes in effect at the time of construction
3. Applicability.
3.1. The provisions of this Adaptive Reuse Ordinance apply to adaptive reuse projects taking place in eligible buildings within an adaptive reuse overlay zone. The change of use of an existing vacant or underutilized building to new uses that promote community goals is permitted subject to compliance with the standards found in this chapter.
3.2. The provisions of this chapter can also apply to buildings that are listed or eligible for historic designation located in an adaptive reuse overlay zone; however, additional regulation under and any other related historic guidelines, including the Secretary of the Interior Standards may apply.
3.3 Expansions to the floor area of an eligible building must comply with the development standards of the underlying zone and are not eligible for the incentives provided in Section
3.4. The provisions of this zoning overlay are intended to modify the standards otherwise applied to the site by its underlying zone. Unless specifically modified by this chapter, all other standards adopted for this site shall
4. Eligibility
Projects must meet the following criteria to be an eligible adaptive reuse project:
4.1. Project site shall be located in an Adaptive Reuse Overlay
4.2 The building must be an eligible building, as defined in Section 2.3.
4.3 The project results in a change of use for the existing building.
5. Development Standards.
Adaptive reuse projects shall, at a minimum, comply with the following development standards. ( Insert development standards appropriate to local conditions and priorities) Incentives.
6. Incentives
6.1. The project can exceed the maximum density established by zoning co de] for the site provided the adaptive reuse project is in compliance with any minimum residential unit size standards established by this code.
6.2. Existing building setbacks may remain and shall be considered legally nonconforming, but no further encroachments shall be permitted into any nonconforming setback .
6.3. Height. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legally Any rooftop construction needed for building circulation, drainage, ventilation, utilities, or passive recreation shall be included within the height exemption. This height exemption does not include new residential or commercial floor area.
6.4. Loading Zone. A new loading zone shall not be required if the existing building does not have an existing loading
6.5. New parking spaces shall not be required for any converted use within the existing footprint of the building, but expansions to floor area shall be required to provide parking according to [ local jurisdiction parking rules].
6.6 Transfer of Development Rights This section authorizes a program through which building owners choosing to reuse older, smaller buildings may transfer unused zoned development potential to an approved receiving site in exchange for payment. (Insert specific provision of the TDR)
7. Approved Land Uses.
Subject to the limitations of section 9.2, a broad range of land uses or mix of uses shall be allowed in the Adaptive Reuse Incentive Overlay Zone, irrespective of the underlying zoning , as part of an adaptive reuse project. However, no new uses that emit noxious odors or excessive noise shall be allowed, unless the applicant demonstrates the use will not negatively impact nearby residences.
8. Alternative Building Code Regulations
8.1. Applicability The alternative building code regulations adopted in this section are applicable to eligible buildings located in an adaptive reuse zone.
8.2. In permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, the alternative building regulations shall impose requirements that will, in the determination of the Building Official, protect the public health, safety, and welfare.
8.3. Nothing in this section shall be construed to allow the reduction of existing seismic or fire and life-safety elements of an eligible building where such elements provide a greater level of protection than the minimum requirements established by this
8.4. Procedure
8.4 .1. The applicant must submit an Alternative Methods and Materials application to the [Local building department]. Upon review of such application, the Building Official is authorized to grant approval when the proposed design is found satisfactory and complies with the intent of the provisions of current building codes in effect, and that the material, meth od or work offered is justified by current accepted performance-based engineering and analysis in assessing quality, strength, effectiveness, fire resistance, durability, and safety.
8.4 .2. The Building Official shall review adaptive reuse project proposals on a case-by-case basis, and may require pre-submittal meetings at his or her discretion.
9. Alternative Fire Code Regulations
9.1 The alternative fire code regulations adopted in this section are applicable to eligible buildings located in an adaptive reuse zone.
9.2 Uses and Occupancies. Subject to the approval of the Fire Official, the use or occupancy type of an eligible building shall be allowed to be changed as part of an adaptive reuse project without conforming to all requirements of the [ locally adopted version of Existing Building Code], provided the new or proposed occupancy is equally or less hazardous, based on life and fire risk than the existing
9.3 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of the [ local fire code], the Fire Official shall have the authority to grant modifications for individual cases, provided the Fire Official shall first find that special individual reasons make the strict letter of the [ local fin code] impractical and the modification is in compliance with the intent and purpose of the [ local fire cod e] and that such modification does not lessen health, life, and fire safety requirements .
9.4 Procedure
9.4.1 The applicant must submit an Alternative Methods and Materials application to the [ local fire authority]. Upon review of the application, the [ local fire official] is authorized to grant approval when the proposed design is found satisfactory and complies with the intent of the provisions of the current fire codes in effect , and that the material, method or work offered is at least equivalent of that prescribed in the [ local fire code ] in quality, strength, effectiveness, fire resistance , durability and safety.
9.4.2 The applicant must submit a Fire Life Safety (FLS) Report which shall identify the eligible building’s existing features and evaluate existing fire and life-safety features against the current code requirements. The Fire Official will review the FLS report and evaluate the proposal for final recommendations.
9.5 The Fire Official shall review adaptive reuse project proposals on a case-by-case basis, and may require pre-submittal meetings at its
10. Alternative Public Works Standards
10.1 Applicability The alternative public works standards adopted in this section are applicable to eligible buildings located in an adaptive reuse overlay
10.2 The [local public works department ] may adopt alternate standards for projects within adaptive reuse overlay zones. The
[ local public works department] shall impose such requirements as will, in the determination of the [Public Works Director ], protect the public health, safety, and welfare.
10 .3. The [ Public Works Director] shall review adaptive reuse project proposals on a case-by-case basis, and may require pre-submittal meetings at his or her discretion .
11. Severability
11.1 If any section, subsection, sentence, clause, phrase or port ion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction , such decision shall not affect the validity of the remaining portions of this The [legislative body] of the [local jurisdiction] hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sect ions , subsection s, sentences, clauses, phrase s, or portions be declared invalid or unconstitutional.