Definitions — Town of Johnston

ABANDONMENT § 340-153.1

Cease of operation of wireless telecommunications facilities for a period of one year.

ABUTTER § 340-4.1

One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

ACCESSORY FAMILY DWELLING UNIT § 340-4.2

An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress.

ACCESSORY STRUCTURE § 340-140.1

A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. AREA OF SHALLOW FLOODING (for a community with AO or AH Zones only) — A designated AO, AH, AR/AO, AR/AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

ACCESSORY USE § 340-4.3

A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use shall not be permitted without the principal use to which it is related.

ADMINISTRATIVE OFFICER § 340-4.4

The Town Planner of the Town of Johnston, or designee, in accordance with the Town of Johnston land development and subdivision review regulations.

ADULT DAY CARE § 340-4.5

A nonresidential facility or program, specializing in providing care or activities for elderly and/or handicapped individuals. A business applying for a permit or a special use permit under this section shall under no circumstances board persons overnight. [Added 4-12-2010 by Ord. No. 2010-10]

ADULT ENTERTAINMENT § 340-4.6

All terms used in this chapter that relate to adult entertainment shall have the meaning as defined in Chapter 83, Adult Entertainment, of the Town Code of Ordinances. [Added 7-13-2020 by Ord. No. 2019-23]

AGGRIEVED PARTY § 340-4.7

An aggrieved party, for purposes of this chapter, shall be: (1) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this chapter of the Code of the Town of Johnston; or (2) Anyone requiring notice pursuant to R.I.G.L. Title 45, Chapter 24.

AGRICULTURAL LAND § 340-4.8

"Agricultural land," as defined in R.I.G.L. § 45-22.2-4.

AIRPORT HAZARD AREA § 340-4.9

"Airport hazard area," as defined in R.I.G.L. § 1-3-2.

ANIMAL SHELTER § 340-4.10

A brick-and-mortar facility that is used to house or contain animals and that is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

ANIMATED SIGN § 340-39.1

Any sign that uses movement, the visual impression of movement, sound or change of lighting to depict action or create a special effect and/or scene. Such signs include, but are not limited to, those that give the impression of flashing, blinking, oscillating, expanding, or contracting.

ANTENNA § 340-153.2

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in wireless telecommunications to radiate or capture electromagnetic waves; radio frequencies (excluding radar signals); and digital, analog, wireless communications, or other communications signals. For the purposes of this article, antennas do not include AM or FM radio or television transmitters, amateur shortwave radio antennas, or satellite communications "dishes."

APPLICANT § 340-4.11

An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency of the Town of Johnston.

APPLICATION § 340-4.12

The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

AREA OF SPECIAL FLOOD HAZARD § 340-140.2

See the definition for "special flood hazard area."

ARRAY § 340-153.3

Supporting mounts for wireless communications devises on a monopole or lattice tower.

AUTO BODY SHOP § 340-4.13

As defined in R.I.G.L. § 5-38-1, any establishment, garage, or work area enclosed within a building where repairs are made or caused to be made to motor vehicle bodies, including fenders, bumpers and similar components of motor vehicle bodies as distinguished from the chassis, seats, motor, transmission and other accessories for propulsion and generally running gear of motor vehicles, except that the registered owner of any motor vehicle or any person related by blood or marriage to that registered owner is not prohibited from performing any type of work usually performed in an auto body shop, upon the vehicle that is registered in his or her own name, provided that the work is done personally by the registered owner or that relative and he neither employs nor compensates any person, monetarily or otherwise, to aid and assist in that work.

AUTOMOTIVE RECYCLING FACILITY § 340-4.14

A use of property totaling at least 10 acres and at least 400 feet from a legally occupied residential dwelling unit, involving the receipt, depollution, dismantling, display and storage of used motor vehicles from which parts have been or are to be removed for reuse or sale; an office and sales center for the wholesale and retail sales of new, used or reconditioned parts; and the incidental use of light and heavy processing facilities for recycling. [Added 9-9-2013 by Ord. No. 2013-17]

AWNING/CANOPY SIGN § 340-39.2

Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective covering of a door, an entrance, a window, or an outdoor service area. The areas of an awning sign/canopy sign will be counted as part of the area allowed for wall signs.

BACKHAUL NETWORK § 340-153.4

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switching telephone network.

BANNER § 340-39.3

A sign made of nonrigid material hanging from or otherwise attached to a building, structure or pole.

BASE FLOOD § 340-140.3

The flood having a one-percent chance of being equaled or exceeded in any given year, also referred to as the one-hundred-year flood, as published by the Federal Emergency Management Agency (FEMA) as part of a Flood Insurance Study (FIS) and depicted on a Flood Insurance Rate Map (FIRM).

BASE FLOOD ELEVATION (BFE) § 340-140.4

The elevation of the crest of the base flood or one-hundred-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

BASEMENT § 340-4.15

That portion of a building included between the upper surface of its floor and the upper surface of the floor next above, having more than 1/2 its height above the average elevation of the finished lot grade adjoining the building.

BASEMENT § 340-140.5

Any area of the building having its floor subgrade (below ground level) on all sides.

BILLBOARD § 340-4.16

An outdoor structure advertising products not made, sold, used or served on the premises displaying such sign.

BILLBOARD § 340-39.4

Any notice or advertisement, pictorial or otherwise, used as an outdoor display not related to the use of the lot upon which the billboard is located.

BOARD § 340-4.17

The Planning Board of the Town of Johnston.

BOARDING, DAYCARE AND GROOMING SERVICES § 340-4.18

A facility providing day care, boarding and associated services for domestic pets (dogs, cats and the like) for all or part of the day. Services provided may include: walking/exercise, obedience classes, training, grooming, or behavioral counseling. Accessory retail sales of pet food, pet accessories and toys may be permitted incidental to the principal use.

BREEDING KENNEL § 340-4.19

A place or establishment other than a pound, animal shelter, or veterinary hospital that is housing animals during their treatment, used for the propagation of purebred or crossbred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, American Field Stud Book, or a registered cat breed association.

BUFFER § 340-4.20

Land which is maintained in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

BUILDING § 340-4.21

Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING § 340-140.6

See the definition for "structure."

BUILDING CODE § 340-4.22

Rhode Island State Building Code, R.I.G.L. § 23-27.3-100.0 et seq., as amended from time to time.

BUILDING ENVELOPE § 340-4.23

The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or any combination thereof.

BUILDING HEIGHT § 340-4.24

For a vacant parcel of land, building height shall be measured from the average, existing grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), building height shall be measured from base flood elevation and where freeboard, as defined in this section, is being utilized or proposed, such freeboard area, not to exceed five feet, shall be excluded from the building height calculation; provided, however that the Rhode Island coastal resources management council design elevation maps may be used by an owner or applicant to establish a base flood elevation for a property that is higher than the official FEMA FIRMs.

BUILDING INSPECTOR § 340-4.25

The Johnston Building Inspector.

BUILDING INSPECTOR — The Johnston Building Inspector § 2.1

BUILDING PERMIT — The permit required by law to be issued by the Building Inspector to authorize any new construction of buildings or the alteration of existing buildings and construction of certain other improvements. CAMPUS-LIKE DEVELOPMENT — A development that features walkablity and integration of uses. A campus-like project includes various interrelated uses and a shared pedestrian and vehicular circulation pattern, with the potential for a common focal point, gathering space, or open space. [Added 2-17-2011 by Ord. No. 2010-26] CELLAR — That portion of a building, included between the upper surface of the floor next above, having less than 1/2 its height above the average elevation of the finished lot grade adjoining the building.1

BUILDING PERMIT § 340-4.26

The permit required by law to be issued by the Building Inspector to authorize any new construction of buildings or the alteration of existing buildings and construction of certain other improvements.

BUILDING-MOUNTED FACILITY § 340-153.5

Antenna mounted on an existing structure such as a lattice tower, stack, water tower, or rooftop installation.

BULLETIN BOARD § 340-39.5

A board or wall area on which bulletins, notices, or displays are temporarily posted. Such signs shall be for public, charitable, or religious purposes, and shall be located upon the premises of said institutions.

CAMPUS-LIKE DEVELOPMENT § 340-4.27

A development that features walkablity and integration of uses. A campus-like project includes various interrelated uses and a shared pedestrian and vehicular circulation pattern, with the potential for a common focal point, gathering space, or open space.

CELLAR § 340-4.28

That portion of a building, included between the upper surface of the floor next above, having less than 1/2 its height above the average elevation of the finished lot grade adjoining the building.

CO-LOCATION § 340-153.6

The use and installation of wireless telecommunications equipment by more than one provider on a single site.

COMMON OWNERSHIP § 340-4.29

Either: (1) Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or (2) Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

COMMON OWNERSHIP — Either: § 2.2

(1) Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or (2) Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques. COMMUNITY RESIDENCE — A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance use disorder treatment facilities. This shall include, but not be limited to, the following:[Amended 7-13-2020 by Ord. No. 2019-23] (1) Whenever six or fewer children or adults with intellectual and/or developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L. § 40.1-24-1 et seq. All requirements pertaining to local zoning are waived for these community residences. (2) A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to R.I.G.L. Title 40.1, Chapter 24. (3) A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to R.I.G.L. § 42-72.1-1 et seq. 1. Editor's Note: The former definition of "cluster," which immediately followed this definition, was repealed 10-11-2011 by Ord. No. 2011-3. § 340-4 ZONING § 340-4 (4) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation. COMPREHENSIVE PLAN — The Johnston Comprehensive Community Plan adopted by the Town and approved pursuant to R.I.G.L. § 45-22.2-1 et seq. CONSERVATION DEVELOPMENT — A residential land development project which allows a community to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property. (See Johnston Land Development and Subdivision Review Regulations.)2[Added 10-11-2011 by Ord. No. 2011-3] CONTINUING CARE RETIREMENT COMMUNITY — A use established by a Planned District with a mix of retirement care uses that may include assisted, independent and intergenerational living with supportive services that may include skilled nursing and rehabilitative care, home health care, adult day care and personalized assistance designed to respond to the individual needs of those who need help with activities of daily living.[Added 2-17-2011 by Ord. No. 2010-26] CONVENTIONAL SUBDIVISION — A residential subdivision in which all land being subdivided is dedicated to either development lots or street right-of-way; not a conservation development.[Added 10-11-2011 by Ord. No. 2011-3] CONVENTIONAL YIELD PLAN — A plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of singlefamily building lots or dwelling units that reasonably could be built on a parcel of land under conventional zoning of the Town, taking into account the presence of physical constraints to development such as wetlands or other land unsuitable for development.[Added 10-11-2011 by Ord.

COMMUNITY RESIDENCE § 340-4.30

A home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance use disorder treatment facilities. This shall include, but not be limited to, the following: (1) Whenever six or fewer children or adults with intellectual and/or developmental disabilities reside in any type of residence in the community, as licensed by the state pursuant to R.I.G.L. § 40.1-24-1 et seq. All requirements pertaining to local zoning are waived for these community residences. (2) A group home providing care or supervision, or both, to not more than eight mentally disabled or mentally handicapped or physically handicapped persons, and licensed by the state pursuant to R.I.G.L. Title 40.1, Chapter 24. (3) A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to R.I.G.L. § 42-72.1-1 et seq. (4) A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

COMPASSION CENTER § 340-137.1

A not-for-profit corporation subject to the provisions of Chapter 6 of Title 7 and registered under R.I.G.L. § 21-28.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses marijuana and/or related supplies and educational materials to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.

COMPREHENSIVE PLAN § 340-4.31

The Johnston Comprehensive Community Plan adopted by the Town and approved pursuant to R.I.G.L. § 45-22.2-1 et seq.

CONSERVATION DEVELOPMENT § 340-4.32

A residential land development project which allows a community to guide growth to the most appropriate areas within a parcel of land to avoid impacts to the environment and to protect the character-defining features of the property. (See Johnston Land Development and Subdivision Review Regulations.)

CONSTRUCTION SIGN § 340-39.6

Any sign whose purpose is to display the name of the contractor and/or subcontractors employed on a work site, and/or the consultants and/or financial institutions participating in the project. Such signs shall be temporary in nature and shall be removed upon completion of the project.

CONTINUING CARE RETIREMENT COMMUNITY § 340-4.33

A use established by a Planned District with a mix of retirement care uses that may include assisted, independent and intergenerational living with supportive services that may include skilled nursing and rehabilitative care, home health care, adult day care and personalized assistance designed to respond to the individual needs of those who need help with activities of daily living.

CONVENTIONAL SUBDIVISION § 340-4.34

A residential subdivision in which all land being subdivided is dedicated to either development lots or street right-of-way; not a conservation development.

CONVENTIONAL YIELD PLAN § 340-4.35

A plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of single-family building lots or dwelling units that reasonably could be built on a parcel of land under conventional zoning of the Town, taking into account the presence of physical constraints to development such as wetlands or other land unsuitable for development.

COST § 340-140.7

As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to, the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

CREDIT CARD SIGN § 340-39.7

A sign identifying, by name or symbol, one or more credit cards which are accepted by an establishment.

DAY CARE — § 2.4

(1) DAY-CARE CENTER — Any other day-care center which is not a family day-care home. (2) FAMILY DAY-CARE HOME — Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or less individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care. DAYS — Calendar days. DENSITY, RESIDENTIAL — The number of dwelling units per unit of land. DEVELOPMENT — The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land. DEVELOPMENT PLAN REVIEW (also known as "site plan review") — The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter.[Amended 2. Editor’s Note: The most current regulations are on file in the Town offices. § 340-4 JOHNSTON CODE § 340-4 9-10-2018 by Ord. No. 2018-15] DISTRICT — See "zoning use district." DORMITORY — A structure used for housing unrelated individuals in suites. Such a structure usually has dining, kitchen and sanitary facilities common to all suites. DRAINAGE SYSTEM — A system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwaters, and the prevention and/or alleviation of flooding. DRIVE-IN, CAR-HOP RESTAURANT — Type of establishment that sells food and/or beverages in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant and where ordering and receiving of food may occur from a vehicle. These types of restaurants shall provide window service only; no sit-down facilities within the principal building are to be provided for the food and beverages to be consumed by the customer. A specifically identified maximum number of picnic tables or other outdoor eating arrangements and parking arrangements shall be set and approved by the Zoning Board whenever a special use permit is requested for this type of use.[Added 2-17-2011 by Ord. No. 2010-26] DRIVE-UP, DRIVE-THROUGH USE — An establishment that by design, physical features, service, or because of packaging procedures requires customers to receive services and/or obtain goods through a window or opening in the building or by way of an automated console/terminal as a service center/facility while remaining in their motor vehicles. Such a use may be the principal use of the establishment or as an accessory use to the principal use of the establishment and may include, but is not limited to, such types of uses as restaurant, pharmacy, photo processor, laundry, cleaners, banks and/or other financial institutions.[Added 2-17-2011 by Ord. No. 2010-26] DUMP — A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.3 DWELLING, DUPLEX — Two dwelling units in one structure that share a common wall, each with primary living areas (living room, kitchen) on the ground level. May include single-family attached dwelling units with separate entries and garages or a structure with two units and one common entry with the exterior design of a single-unit dwelling.[Added 10-11-2011 by Ord. No. 2011-3; amended 7-13-2020 by Ord. No. 2019-23] DWELLING, MULTIFAMILY — Any dwelling containing more than two dwelling units and for occupancy of families living independently of each other including apartment houses, apartment hotels, condominiums and flats. DWELLING, SINGLE-FAMILY — A building used exclusively for occupancy by one family. DWELLING, TWO-FAMILY — A building used exclusively for occupancy by two families living independently of each other. DWELLING UNIT — A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress. ESTABLISHED GRADE — The elevation of the street grade as fixed by the Town. 3. Editor's Note: The former definition of "duplex," which immediately followed, was repealed 7-13-2020 by Ord. No. 2019-23. § 340-4 ZONING § 340-4 EXTRACTIVE INDUSTRY — The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity. FAMILY — A person or persons related by blood, marriage, or other legal means. See also "household." FAST-FOOD RESTAURANT — An establishment whose principal business is the sale of preprepared or rapidly prepared food sold directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in vehicles on the premises, or off of the premises.[Added 2-17-2011 by Ord. No. 2010-26] FLOATING ZONE — An unmapped zoning district adopted within the chapter which is established on the Zoning Map only when an application for development, meeting the zone requirements, is approved. FLOODPLAINS or FLOOD HAZARD AREA — As defined in R.I.G.L. § 45-22.2-4. FLOOR AREA, GROSS — Floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallway, stairs, closets, thickness of walls, columns or other features.[Added 2-17-2011 by Ord. No. 2010-26] FRONTAGE — That portion of a lot abutting a street. Lot frontage used for meeting any of the dimensional requirements of this chapter shall be continuous, not interrupted by any other lot, and located on an accessible and improved, Town-accepted street. A limited access highway may not be used to meet the frontage requirement required pursuant to this chapter.[Added 11-10-2003 by Ord.

DAY CARE — § 340-4.36

(1) DAY-CARE CENTERAny other day-care center which is not a family day-care home. (2) FAMILY DAY-CARE HOMEAny home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or less individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.

DAYS § 340-4.37

Calendar days.

Definitions § 340-4.1

§ 340-4. Definitions and word usage. A. Where words or terms used herein are defined in the Rhode Island Comprehensive Planning and Land Use Regulation Act, they shall have the meanings stated therein. Words used in the present tense include the future, the singular includes the plural and the plural includes the singular. The word "shall" is mandatory; the word "may" permissive. "R.I.G.L." shall mean the General Laws of Rhode

DENSITY, RESIDENTIAL § 340-4.38

The number of dwelling units per unit of land.

DEVELOPMENT § 340-4.39

The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land. DEVELOPMENT PLAN REVIEW (also known as "site plan review") — The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter. [Amended 9-10-2018 by Ord. No. 2018-15]

DEVELOPMENT § 340-140.8

Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or structures; the construction of additions, alterations or substantial improvements to buildings or structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment; the storage, deposition, or extraction of materials; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities.

DIRECTIONAL SIGN § 340-39.8

An on-premises sign that directs vehicles and/or pedestrians onto, around, and/or off a property, and which may contain the name or logo of an establishment, but not advertising copy.

DIRECTORY SIGN § 340-39.9

A sign identifying two or more persons or establishments occupying a structure.

DISGUISED FACILITY § 340-153.7

Existing or new features that camouflage or conceal the presence of antennas, such as man-made trees, clock towers, bell steeples, lightpoles, flagpoles, or similar alternative design mounting structures.

DISTRICT § 340-4.40

See "zoning use district."

DORMITORY § 340-4.41

A structure used for housing unrelated individuals in suites. Such a structure usually has dining, kitchen and sanitary facilities common to all suites.

DRAINAGE SYSTEM § 340-4.42

A system for the removal of water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwaters, and the prevention and/or alleviation of flooding.

DRIVE-IN, CAR-HOP RESTAURANT § 340-4.43

Type of establishment that sells food and/or beverages in a form ready for consumption, where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the restaurant and where ordering and receiving of food may occur from a vehicle. These types of restaurants shall provide window service only; no sit-down facilities within the principal building are to be provided for the food and beverages to be consumed by the customer. A specifically identified maximum number of picnic tables or other outdoor eating arrangements and parking arrangements shall be set and approved by the Zoning Board whenever a special use permit is requested for this type of use.

DRIVE-UP, DRIVE-THROUGH USE § 340-4.44

An establishment that by design, physical features, service, or because of packaging procedures requires customers to receive services and/or obtain goods through a window or opening in the building or by way of an automated console/terminal as a service center/facility while remaining in their motor vehicles. Such a use may be the principal use of the establishment or as an accessory use to the principal use of the establishment and may include, but is not limited to, such types of uses as restaurant, pharmacy, photo processor, laundry, cleaners, banks and/or other financial institutions.

DUMP § 340-4.45

A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

DWELLING UNIT § 340-4.50

A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

DWELLING, DUPLEX § 340-4.46

Two dwelling units in one structure that share a common wall, each with primary living areas (living room, kitchen) on the ground level. May include single-family attached dwelling units with separate entries and garages or a structure with two units and one common entry with the exterior design of a single-unit dwelling. [Added 10-11-2011 by Ord. No. 2011-3; amended 7-13-2020 by Ord. No. 2019-23]

DWELLING, MULTIFAMILY § 340-4.47

Any dwelling containing more than two dwelling units and for occupancy of families living independently of each other including apartment houses, apartment hotels, condominiums and flats.

DWELLING, SINGLE-FAMILY § 340-4.48

A building used exclusively for occupancy by one family.

DWELLING, TWO-FAMILY § 340-4.49

A building used exclusively for occupancy by two families living independently of each other.

Editor's Note: See Ch. 303, Subdivision of Land § 2.11

§ 340-4 JOHNSTON CODE § 340-4 VARIANCE — Permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance, a use variance or a dimensional variance. (1) USE VARIANCE — Permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions hereof. (2) DIMENSIONAL VARIANCE — Permission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief. VETERINARY HOSPITAL — An establishment of a licensed practitioner primarily engaged in the practice of veterinary medicine, dentistry or surgery for pets such as horses, rabbits, dogs, cats, and birds and other pets, with overnight keeping of pets which require continued medical attention.[Added 8-13-2024 by Ord. No. 2024-10]

ELECTRONIC MESSAGE CENTER § 340-39.10

Any sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix. The images and messages displayed must be static (not change for at least 25 seconds), and the transition from one static display to another must be instantaneous to the human eye without having any transition effects. Transition effects include wipes, fades, or other special effects.

ESTABLISHED GRADE § 340-4.51

The elevation of the street grade as fixed by the Town.

EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION § 340-140.9

A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR EXISTING MANUFACTURED HOME SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

EXTRACTIVE INDUSTRY § 340-4.52

The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

FAA § 340-153.8

Federal Aviation Administration.

FALL ZONE § 340-153.9

The farthest distance from the base of a monopole or lattice tower that a structure could be expected to collapse into in the event of structural failure. The purpose of this zone is to safeguard citizens and property during hurricanes and other storms from the dangers of falling or collapsing tower structures and windborne objects or debris from the structure. This area may not be less than 150% of the total height of the structure.

FAMILY § 340-4.53

A person or persons related by blood, marriage, or other legal means. See also "household."

FAST-FOOD RESTAURANT § 340-4.54

An establishment whose principal business is the sale of preprepared or rapidly prepared food sold directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in vehicles on the premises, or off of the premises.

FCC § 340-153.10

Federal Communications Commission.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) § 340-140.10

The federal agency that administers the National Flood Insurance Program (NFIP).

FLOATING ZONE § 340-4.55

An unmapped zoning district adopted within the chapter which is established on the Zoning Map only when an application for development, meeting the zone requirements, is approved. FLOODPLAINS or FLOOD HAZARD AREA — As defined in R.I.G.L. § 45-22.2-4.

FLOOD INSURANCE RATE MAP (FIRM) § 340-140.11

The official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas (one-hundred-year floodplain) and the insurance risk premium zones applicable to a community. FIRM published after January 1990 may also show the limits of the regulatory floodway.

FLOOD INSURANCE STUDY (FIS) § 340-140.12

The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The Flood Insurance Rate Maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations and may provide the regulatory floodway limits. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING § 340-140.13

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY § 340-140.14

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."

FLOOR AREA, GROSS § 340-4.56

Floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallway, stairs, closets, thickness of walls, columns or other features.

FREESTANDING (PYLON) SIGN § 340-39.11

A sign supported by one or more poles, columns, or braces or other supporting devices placed in or on the ground and not attached to any building.

FRONTAGE § 340-4.57

That portion of a lot abutting a street. Lot frontage used for meeting any of the dimensional requirements of this chapter shall be continuous, not interrupted by any other lot, and located on an accessible and improved, Town-accepted street. A limited access highway may not be used to meet the frontage requirement required pursuant to this chapter. [Added 11-10-2003 by Ord. No. 2003-15]

FUNCTIONALLY DEPENDENT USE OR FACILITY § 340-140.15

A use or facility that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include seafood processing facilities, long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE (HAG) (only for a community with AO/AH Zones) — The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

GARAGE § 340-4.58

A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles.

GFA § 340-4.59

Gross floor area.

GOVERNMENT SIGN § 340-39.12

All signs erected by or on behalf of the federal, state or local government; traffic controls; legal notices; or other signs required by law, including all signs erected under the authority of the Town of Johnston on Town owned or controlled land.

GROSS AREA § 340-4.60

Total acreage of parcel or parcels in the land development project.

GROUNDWATER § 340-4.61

"Groundwater" and associated terms, as defined in R.I.G.L. § 46-13.1-3.

HALFWAY HOUSE § 340-4.62

A residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

HARDSHIP § 340-4.63

See R.I.G.L. § 45-24-41 and the provisions of this chapter governing variances. HISTORIC DISTRICT or HISTORIC SITE — As defined in R.I.G.L. § 45-22.2-4.

HEIGHT § 340-153.11

For a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including, if building-mounted, the height of the portion of the building on which it is mounted.

HISTORIC STRUCTURE § 340-140.16

Any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior; or (2) Directly by the Secretary of the Interior in states without approved programs.

HISTORICAL LANDMARK SIGN § 340-39.13

A sign that is made a permanent and integral part of a building, to identify a property of historic significance by name, date of erection, and so forth.

HOME OCCUPATION § 340-4.64

Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit.

HOTEL § 340-4.65

Any building containing six or more guest rooms which are used, rented, or hired for sleeping purposes on a short-term basis by transient guests and with access to units primarily from interior lobbies, courts, or halls which may provide additional guest facilities such as a swimming pool, business center (with computers, printers and other office equipment), childcare, conference and event facilities, tennis or basketball courts, gymnasium, restaurants, day spa and social function services.

HOUSEHOLD § 340-4.66

One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following: (1) A family, which may also include servants and employees living with the family; or (2) A person or group of unrelated persons living together. The maximum number shall not exceed three.

ILLUMINATED SIGN, EXTERNAL § 340-39.14

A sign illuminated by a separate light fixture that casts light directly on the face of the sign.

ILLUMINATED SIGN, INTERNAL § 340-39.15

A sign lighted directly or indirectly by a light fixture located within the sign structure and designed to project light against the surface on which the sign lettering or graphics are located.

INCENTIVE ZONING § 340-4.67

The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances.

INCIDENTAL SIGN § 340-39.16

A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "private driveway," "loading zone," "no trespassing," and other similar directives. No sign having a commercial message or a logo shall be considered incidental.

INFRASTRUCTURE § 340-4.68

Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

Island § 340-4.2

B. In addition, the following words shall have the following meanings: ABUTTER — One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land. ACCESSORY FAMILY DWELLING UNIT — An accessory dwelling unit for the sole use of one or more members of the family of the occupant or occupants of the principal residence, but not needing to have a separate means of ingress and egress. ACCESSORY USE — A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use shall not be permitted without the principal use to which it is related. ADMINISTRATIVE OFFICER — The Town Planner of the Town of Johnston, or designee, in accordance with the Town of Johnston land development and subdivision review regulations.[Added 9-10-2018 by Ord. No. 2018-15] ADULT DAY CARE — A nonresidential facility or program, specializing in providing care or activities for elderly and/or handicapped individuals. A business applying for a permit or a special use permit under this section shall under no circumstances board persons overnight.[Added 4-12-2010 by Ord. No. 2010-10] ADULT ENTERTAINMENT — All terms used in this chapter that relate to adult entertainment shall have the meaning as defined in Chapter 83, Adult Entertainment, of the Town Code of Ordinances.[Added 7-13-2020 by Ord. No. 2019-23] AGGRIEVED PARTY — An aggrieved party, for purposes of this chapter, shall be: (1) Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering this chapter of the Code of the Town of Johnston; or (2) Anyone requiring notice pursuant to R.I.G.L. Title 45, Chapter 24. AGRICULTURAL LAND — "Agricultural land," as defined in R.I.G.L. § 45-22.2-4. AIRPORT HAZARD AREA — "Airport hazard area," as defined in R.I.G.L.

Johnston § 2.7

LOT, THROUGH — A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot. LOT WIDTH — The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line. MAJOR RECREATIONAL EQUIPMENT — Includes travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats, and boat trailers, but does not include mobile homes. MERE INCONVENIENCE — See R.I.G.L. § 45-24-41 and the provisions of this chapter governing variances. MIXED USE — A mixture of land uses within a single development, building, tract or parcel.[Amended 2-17-2011 by Ord. No. 2010-26] MOBILE HOMES — A single-family dwelling designed for transportation after fabrication on streets and highways, and arriving at site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, and connections to utilities. NATURAL GAS PIPELINE INJECTION STATION — A natural gas pipeline injection station (reverse terminal) is designed and constructed for continued natural gas delivery into an interstate, transmission or distribution pipeline by decompressing (unloading) natural gas from specialized and DOT-approved trailers. The facility (reverse terminal) is considered a mobile application that will be in operation on a seasonal basis (December through March).[Added 8-14-2018 by Ord. No. 2018-13] NET AREA — Buildable area after freshwater wetlands, wetland buffers, slopes in excess of 8%, easements and previously developed (not proposed for redevelopment) areas have been deducted from land area calculations.[Added 2-17-2011 by Ord. No. 2010-26; amended 11-14-2011 by Ord.

JUNKYARD § 340-4.69

A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling; storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

LAND DEVELOPMENT PROJECT § 340-4.70

A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or conservation development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this chapter. [Amended 10-11-2011 by Ord. No. 2011-3]

LAND SUITABLE FOR DEVELOPMENT § 340-4.71

Any land area other than land unsuitable for development.

LAND UNSUITABLE FOR DEVELOPMENT § 340-4.72

Land which has environmental constraints or physical constraints to development. Section 340-144 of the regulations shall apply.

LATTICE TOWER § 340-153.12

A guyed or self-supporting three- or four-sided open-frame structure constructed of vertical metal struts and cross braces used to support telecommunications equipment, including antennas (for the purposes of this article, not a wind power facility, including a meteorological tower).

LODGING HOUSE § 340-4.73

A building with more than two but no more than 10 guest rooms where lodging with or without meals is provided for compensation.

LOGO § 340-39.17

A distinctive emblem, symbol or insignia identifying a particular product, service, business, activity, or entity.

LOT § 340-4.74

Either: (1) The basic development unit for determination of lot area, depth, and other dimensional regulations; or (2) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

LOT AREA § 340-4.75

The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

LOT BUILDING COVERAGE § 340-4.76

That portion of the lot that is or may be covered by buildings and accessory buildings.

LOT DEPTH § 340-4.78

The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

LOT FRONTAGE § 340-4.79

See "frontage." [Amended 11-10-2003 by Ord. No. 2003-15]

LOT LINE § 340-4.80

A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include: (1) FRONTThe lot line separating a lot from a street right-of-way. See supplementary regulations at §§ 340-20 and 340-25A for the requirements governing through and corner lots; (2) REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and (3) SIDEAny lot line other than a front or rear lot line.

LOT OF RECORD § 340-4.81

A parcel of land recorded in the office of the Town Clerk of the Town of Johnston.

LOT WIDTH § 340-4.83

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line.

LOT — Either: § 2.6

(1) The basic development unit for determination of lot area, depth, and other dimensional regulations; or (2) A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title. LOT AREA — The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet. LOT BUILDING COVERAGE — That portion of the lot that is or may be covered by buildings and accessory buildings. LOT, CORNER — A lot at the junction of and fronting on two or more intersecting streets. LOT DEPTH — The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth. LOT FRONTAGE — See "frontage."[Amended 11-10-2003 by Ord. No. 2003-15] § 340-4 ZONING § 340-4 LOT LINE — A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include: (1) FRONT — The lot line separating a lot from a street right-of-way. See supplementary regulations at §§ 340-20 and 340-25A for the requirements governing through and corner lots; (2) REAR — The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and (3) SIDE — Any lot line other than a front or rear lot line. LOT OF RECORD — A parcel of land recorded in the office of the Town Clerk of the Town of

LOT, CORNER § 340-4.77

A lot at the junction of and fronting on two or more intersecting streets.

LOT, THROUGH § 340-4.82

A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

LOWEST FLOOR § 340-140.17

The lowest floor of the lowest enclosed area (including basement).

MAJOR RECREATIONAL EQUIPMENT § 340-4.84

Includes travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats, and boat trailers, but does not include mobile homes.

MANUFACTURED HOME § 340-140.18

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term also includes park trailers, travel trailers, recreational vehicles and other similar vehicles or transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION — A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

MARIJUANA CULTIVATION CENTER § 340-137.2

Any entity that, under state law, may acquire, posses, cultivate, manufacture, deliver, transfer, transport, or supply marijuana, medical or otherwise, to a registered compassion center or other entity authorized to dispense marijuana.

MARIJUANA EMPORIUM § 340-137.3

A retail business or restaurant and entertainment, whether for profit, nonprofit, or otherwise, at which the sale or use of marijuana, medical or otherwise, takes place. This shall include without limitation any so-called vape lounge, vapor lounge, or any other establishment at which marijuana, medical or otherwise, is consumed in vaporized form.

MARKET VALUE § 340-140.19

The price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure's actual cash value.

MARQUEE SIGN § 340-39.18

Any sign attached to, in any manner, or made part of a permanent roof-like structure projecting beyond a building which is used as a theater. Such signs shall not extend beyond or be attached to the underside of the overhang.

MEDICAL MARIJUANA FACILITY § 340-137.4

A facility used by a qualifying patient cardholder (hereafter "patient") or a primary caregiver cardholder (hereafter "caregiver") as defined in Rhode Island General Laws to cultivate and grow marijuana under the Medical Marijuana Act.

MEMU BOARD § 340-39.19

A sign mounted on a structure erected for that purpose, not attached to any building, which is used for the listing of available menu items at an establishment with a drive-through window.

MERE INCONVENIENCE § 340-4.85

See R.I.G.L. § 45-24-41 and the provisions of this chapter governing variances.

MIXED USE § 340-4.86

A mixture of land uses within a single development, building, tract or parcel. [Amended 2-17-2011 by Ord. No. 2010-26]

MOBILE HOMES § 340-4.87

A single-family dwelling designed for transportation after fabrication on streets and highways, and arriving at site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, and connections to utilities.

MONOPOLE § 340-153.13

A single, freestanding pole-type structure securely anchored to a foundation without guy wires, which, for the purposes of this article, does not include a "tower." Monopoles shall be limited to one exterior wireless telecommunications provider, for a total of two providers: one exterior provider and one interior provider.

MONUMENT SIGN § 340-39.20

Any freestanding sign having a support structure that is a solid-appearing base constructed of permanent materials such as concrete block, stone, or brick and is in contact with or within one foot of the ground.

NATURAL GAS PIPELINE INJECTION STATION § 340-4.88

A natural gas pipeline injection station (reverse terminal) is designed and constructed for continued natural gas delivery into an interstate, transmission or distribution pipeline by decompressing (unloading) natural gas from specialized and DOT-approved trailers. The facility (reverse terminal) is considered a mobile application that will be in operation on a seasonal basis (December through March). [Added 8-14-2018 by Ord. No. 2018-13]

NET AREA § 340-4.89

Buildable area after freshwater wetlands, wetland buffers, slopes in excess of 8%, easements and previously developed (not proposed for redevelopment) areas have been deducted from land area calculations. [Added 2-17-2011 by Ord. No. 2010-26; amended 11-14-2011 by Ord. No. 2011-25]

NEW CONSTRUCTION § 340-140.20

Structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION § 340-140.21

A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

No. 2003-15] § 2.5

GARAGE — A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles. GFA — Gross floor area.[Added 9-10-2018 by Ord. No. 2018-15] GROSS AREA — Total acreage of parcel or parcels in the land development project.[Added 2-17-2011 by Ord. No. 2010-26] GROUNDWATER — "Groundwater" and associated terms, as defined in R.I.G.L. § 46-13.1-3. HALFWAY HOUSE — A residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society. HARDSHIP — See R.I.G.L. § 45-24-41 and the provisions of this chapter governing variances. HISTORIC DISTRICT or HISTORIC SITE — As defined in R.I.G.L. § 45-22.2-4. HOME OCCUPATION — Any activity customarily carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. HOTEL — Any building containing six or more guest rooms which are used, rented, or hired for sleeping purposes on a short-term basis by transient guests and with access to units primarily from interior lobbies, courts, or halls which may provide additional guest facilities such as a swimming pool, business center (with computers, printers and other office equipment), childcare, conference and event facilities, tennis or basketball courts, gymnasium, restaurants, day spa and social function services.[Added 9-10-2018 by Ord. No. 2018-15] HOUSEHOLD — One or more persons living together in a single dwelling unit, with common access § 340-4 JOHNSTON CODE § 340-4 to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following: (1) A family, which may also include servants and employees living with the family; or (2) A person or group of unrelated persons living together. The maximum number shall not exceed three. [Amended 7-13-2020 by Ord. No. 2019-23] INCENTIVE ZONING — The process whereby the local authority may grant additional development capacity in exchange for the developer's provision of a public benefit or amenity as specified in local ordinances. INFRASTRUCTURE — Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities. JUNKYARD — A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling; storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. LAND DEVELOPMENT PROJECT — A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or conservation development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in this chapter.[Amended 10-11-2011 by Ord. No. 2011-3] LAND SUITABLE FOR DEVELOPMENT — Any land area other than land unsuitable for development.[Added 10-11-2011 by Ord. No. 2011-3] LAND UNSUITABLE FOR DEVELOPMENT — Land which has environmental constraints or physical constraints to development. Section 340-144 of the regulations shall apply.[Added 10-11-2011 by Ord. No. 2011-3] LODGING HOUSE — A building with more than two but no more than 10 guest rooms where lodging with or without meals is provided for compensation.

No. 2004-9] § 2.13

WETLAND, FRESHWATER — As defined in R.I.G.L. § 2-1-20. WIND TURBINE — A system for the conversion of wind energy into electricity.[Added 1-11-2021 by Ord. No. 2021-1] WINDOW SERVICE USE — An establishment that by design, physical features, service, or because of packaging procedures requires pedestrian customers to receive services and/or obtain goods through a window or opening in the building or by way of an automated console/terminal while walking up to use the services. Such a use may be the principal use of the establishment or as an accessory use to the principal use of the establishment and may include, but is not limited to, such types of uses as a restaurant, pharmacy, photo processor, laundry, cleaners, banks and/or other financial institutions.[Added 2-17-2011 by Ord. No. 2010-26] YARD — A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter. YARD, FRONT — The area between a street line and a front lot line parallel thereto drawn through the nearest point of a principal structure, extending between side lot lines. YARD, REAR — An area extending across the full width of the lot between the rearmost principal building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such principal building. YARD, SIDE — The area between the principal building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the principal building. ZONING BOARD — The Zoning Board of Review of the Town of Johnston. § 340-4 ZONING § 340-4 ZONING CERTIFICATE — A document signed by the Zoning Enforcement Officer, as required in this chapter, which acknowledges that a use, structure, building, or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance or modification therefrom. ZONING ENFORCEMENT OFFICER — The local official responsible for the administration and enforcement of this chapter, who shall have a minimum of five years of zoning ordinance administration and enforcement experience. ZONING MAP — The map or maps which are a part of this chapter and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Johnston. ZONING ORDINANCE — The Johnston Zoning Ordinance enacted by the Town Council of the Town of Johnston pursuant to R.I.G.L. § 45-24-27 et seq., and in the manner provided for the adoption of ordinances in the Town's Charter, if any, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the Johnston Comprehensive Community Plan as defined in R.I.G.L. Title 45, Chapter 22.2, which includes the Johnston Zoning Map, and which complies with the provisions of R.I.G.L. § 45-24-27 et seq.[Amended 6-14-2004 by Ord. No. 2004-9] ZONING USE DISTRICTS — The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to, agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined.

No. 2011-25] § 2.8

NONCONFORMANCE — A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions hereof or such amendment. Nonconformance shall be of only two types: (1) NONCONFORMING BY USE — A lawfully established use of land, building, or structure which is not a permitted use in that zoning district; a building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; or § 340-4 JOHNSTON CODE § 340-4 (2) NONCONFORMING BY DIMENSION — A building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension. ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS) — Any system of piping, tanks, dispersal areas, alternative toilets, or other facilities designed to function as a unit to convey, store, treat, or disperse wastewater by means other than discharge into a public sewer system.[Added 10-11-2011 by Ord. No. 2011-3] OVERLAY DISTRICT — A district that may be established in this chapter that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone. PARKING AREA, GROSS — The total parking area required for the parking of a single vehicle, including means of ingress and egress. PERFORMANCE STANDARDS — A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed. PERMITTED USE — A use by right which is specifically authorized in a particular zoning district. PLANNED DEVELOPMENT — A "land development project," as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas. PLANNER — As used in this chapter, means the Town Planner/Administrative Officer of the Town of Johnston.[Added 9-10-2018 by Ord. No. 2018-15] PLANNING BOARD — The Planning Board of the Town of Johnston. PREAPPLICATION CONFERENCE — A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval. REGULATIONS — As used in this chapter, means the Town of Johnston Land Development and Subdivision Review Regulations as adopted by the Johnston Planning Board and amended from time to time.[Added 9-10-2018 by Ord. No. 2018-15] R.I.G.L. — The General Laws of the State of Rhode Island. [Amended 6-14-2004 by Ord. No. 2004-9] ROOM RESELLER — Defined by R.I.G.L. § 44-18-7.3(b)(4)(i), as may be amended from time to time. All room resellers must be licensed in accordance with Town ordinances.[Added 7-9-2018 by

No. 2011-3] § 2.3

NONCONFORMANCE § 340-4.90

A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the adoption or amendment of this chapter and not in conformity with the provisions hereof or such amendment. Nonconformance shall be of only two types: (1) NONCONFORMING BY USEA lawfully established use of land, building, or structure which is not a permitted use in that zoning district; a building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; or (2) NONCONFORMING BY DIMENSIONA building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

OFF-PREMISES SIGN § 340-39.21

Any sign, including but not limited to billboards, advertising or calling attention to an activity, product, or service not available within a building or upon the parcel of land where the sign is located. Except that, for the purpose of this article, subdivision identification, political, government, and temporary signs shall not be deemed off-premises signs.

ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS) § 340-4.91

Any system of piping, tanks, dispersal areas, alternative toilets, or other facilities designed to function as a unit to convey, store, treat, or disperse wastewater by means other than discharge into a public sewer system.

OPEN SPACE IDENTIFICATION SIGN § 340-39.22

Any sign used to identify entrances to parks and open space. Such signs may include information relating to features and facilities, interpretive signs informing visitors about what they may see or experience, maps, and so forth.

Ord. No. 2018-15] § 2.10

USE — The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained. 4. Editor's Note: The former definitions of "sign, announcement," "sign, identification," and "sign, mobile," which immediately followed, were repealed 7-13-2020 by Ord. No. 2019-23.

Ord. No. 2018-3] § 2.9

SELF-STORAGE FACILITY — A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent.[Added 7-8-2019 by Ord. No. 2019-10] SELF-STORAGE FACILITY, MULTISTORY — A building consisting of internally accessed separate, individual, and private storage spaces of varying sizes available for lease or rent and serviced by a not more than two loading docks.[Added 7-8-2019 by Ord. No. 2019-10] § 340-4 ZONING § 340-4 SERVICE STATION or FILLING STATION — A building or premises, or portion thereof, arranged, intended, or designed to be used for the sale of gasoline or other motor vehicle, airplane or motorboat fuel, oils and accessories for the use of motor vehicles and the rendering of services such as lubrication, washing, minor repairs with hand tools where such service facilities are incidental to such principal filling station uses but not including body or fender work or major repairs. SETBACK LINE OR LINES — A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed. SIGN — Any advertisement, direction or communication, produced in whole or in part by the construction, erection, affixing or placing of the structure on any land or on any structure, or produced by painting, pasting, or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. Signs which are part of the architectural design of the building are not considered signs for this chapter. See Article VIII for more detailed sign definitions.4[Amended 7-13-2020 by Ord. No. 2019-23] SITE PLAN — The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot. Also known as a “plot plan.” SPECIAL USE — A regulated use which is permitted pursuant to the special use permit issued by the Johnston Zoning Board of Review pursuant to the provisions of this chapter governing special use permits and R.I.G.L. § 45-24-42. Formerly referred to as a “special exception.” STATE — The State of Rhode Island. STREET — A public way established or maintained under public authority, a private way open for public uses, and a private way platted or laid out for ultimate public use whether or not constructed. STRUCTURE — A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water. SUBDIVISION REGULATIONS — The subdivision regulations of the Town of Johnston.5 SUBSTANDARD LOT OF RECORD — Any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions hereof. TOWN — The Town of Johnston. TRAILER — Any vehicle or similar portable structure designed and constructed so as to permit the occupancy thereof as a dwelling by one or more persons and so designed and constructed that it is or may be mounted on wheels and used as a conveyance on a street or highway, propelled or drawn by its own or other motive power. UNIFIED DEVELOPMENT REVIEW — Pursuant to R.I.G.L. § 45-24-46.4, as may be amended from time to time, unified development review is conducted by the Board and may be employed to review and approve of dimensional variances, use variances, and/or special-use permits for properties undergoing review by the Board as land-development or subdivision projects.[Added 9-10-2018 by

OVERLAY DISTRICT § 340-4.92

A district that may be established in this chapter that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.

PARKING AREA, GROSS § 340-4.93

The total parking area required for the parking of a single vehicle, including means of ingress and egress.

PERFORMANCE STANDARDS § 340-4.94

A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

PERMITTED USE § 340-4.95

A use by right which is specifically authorized in a particular zoning district.

PLANNED DEVELOPMENT § 340-4.96

A "land development project," as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

PLANNER § 340-4.97

As used in this chapter, means the Town Planner/Administrative Officer of the Town of Johnston.

PLANNING BOARD § 340-4.98

The Planning Board of the Town of Johnston.

POLE-MOUNTED FACILITY § 340-153.14

An antenna mount attached to or upon a publicly owned electric transmission or distribution pole, streetlight, traffic signal, or similar facility located within a public right-of-way or utility easement. The facility shall include any associated equipment shelters, regardless of where they are located with respect to the mount. This includes distributed antenna systems that are mounted on a utility pole within the public right-of-way. PREEXISTING TOWERS and PREEXISTING ANTENNAS — Any tower or antenna for which a building permit, special use permit, or use variance has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not been constructed, as long as such approval is current and not expired.

POLITICAL SIGN § 340-39.23

A sign which advertises a candidate or candidates for public elective office, a political party, or promotes a position on a ballot question or public issue.

PORTABLE SIGN § 340-39.24

Any sign not permanently affixed to the ground or to a building; any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic; any sign originally designed and intended to be placed and used on a temporary basis.

PREAPPLICATION CONFERENCE § 340-4.99

A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.

PROJECTING SIGN § 340-39.25

A sign with no more than two faces attached to a building wall which extends more than 15 inches from the face of the wall.

R.I.G.L § 340-4.101

The General Laws of the State of Rhode Island.

REAL ESTATE SIGN § 340-39.26

Any temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

RECREATIONAL VEHICLE § 340-140.22

A vehicle which is: A. Built on a single chassis; B. Four hundred square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATIONS § 340-4.100

As used in this chapter, means the Town of Johnston Land Development and Subdivision Review Regulations as adopted by the Johnston Planning Board and amended from time to time.

REGULATORY FLOODWAY § 340-140.23

See the definition for "floodway." SHEET FLOW AREA (for a community with AO or AH Zones only) — See the definition for "area of shallow flooding."

ROOF SIGN § 340-39.27

A sign which is constructed and maintained on the roof of a building or on the building wall in such a way that it extends beyond the roof line.

ROOM RESELLER § 340-4.102

Defined by R.I.G.L. § 44-18-7.3(b)(4)(i), as may be amended from time to time. All room resellers must be licensed in accordance with Town ordinances. [Added 7-9-2018 by Ord. No. 2018-3]

SELF-STORAGE FACILITY § 340-4.103

A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent. [Added 7-8-2019 by Ord. No. 2019-10]

SELF-STORAGE FACILITY, MULTISTORY § 340-4.104

A building consisting of internally accessed separate, individual, and private storage spaces of varying sizes available for lease or rent and serviced by a not more than two loading docks. [Added 7-8-2019 by Ord. No. 2019-10] SERVICE STATION or FILLING STATION — A building or premises, or portion thereof, arranged, intended, or designed to be used for the sale of gasoline or other motor vehicle, airplane or motorboat fuel, oils and accessories for the use of motor vehicles and the rendering of services such as lubrication, washing, minor repairs with hand tools where such service facilities are incidental to such principal filling station uses but not including body or fender work or major repairs.

SETBACK LINE OR LINES § 340-4.105

A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

SIGN § 340-4.106

Any advertisement, direction or communication, produced in whole or in part by the construction, erection, affixing or placing of the structure on any land or on any structure, or produced by painting, pasting, or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. Signs which are part of the architectural design of the building are not considered signs for this chapter. See Article VIII for more detailed sign definitions.

Signs § 340-39.1

[Amended 6-9-1997 by Ord. No. 998; 5-13-2019 by Ord. No. 2019-8] § 340-38. Purpose. The purpose of these provisions is to enhance the appearance of the Town by lessening the haphazard placement and clutter of signs, as well as to provide a business-friendly climate that is compatible with the surrounding environment. Signs perform important functions for way-finding, communicating messages, and providing information about goods and services; however, if not properly regulated, signs may have detrimental impacts on the visual and perceptual environment. Therefore, the Town regulates signs in order to: A. Promote the safety, comfort, and well-being of the users of streets, roads, and highways; B. Reduce distractions and obstructions from signs which would adversely affect traffic safety, and alleviate hazards caused by signs projecting over or encroaching upon public ways; C. Discourage excessive visual competition in signage and ensure that signs aid orientation; and, D. Enhance municipal character by encouraging new and replacement signage which is creative and distinctive, compatible with the surroundings, appropriate to the type of activity to which it pertains, and, appropriately sized in its context so as to be easily legible. § 340-39. Definitions. The following definitions supplement those words defined in § 340-4 of this chapter and as used in this section have the following meanings: ANIMATED SIGN — Any sign that uses movement, the visual impression of movement, sound or change of lighting to depict action or create a special effect and/or scene. Such signs include, but are not limited to, those that give the impression of flashing, blinking, oscillating, expanding, or contracting. AWNING/CANOPY SIGN — Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective covering of a door, an entrance, a window, or an outdoor service area. The areas of an awning sign/canopy sign will be counted as part of the area allowed for wall signs. BANNER — A sign made of nonrigid material hanging from or otherwise attached to a building, structure or pole. BILLBOARD — Any notice or advertisement, pictorial or otherwise, used as an outdoor display not related to the use of the lot upon which the billboard is located. BULLETIN BOARD — A board or wall area on which bulletins, notices, or displays are temporarily posted. Such signs shall be for public, charitable, or religious purposes, and shall be located upon the premises of said institutions. CONSTRUCTION SIGN — Any sign whose purpose is to display the name of the contractor and/or subcontractors employed on a work site, and/or the consultants and/or financial institutions participating in the project. Such signs shall be temporary in nature and shall be removed upon completion of the project. CREDIT CARD SIGN — A sign identifying, by name or symbol, one or more credit cards which are accepted by an establishment. DIRECTIONAL SIGN — An on-premises sign that directs vehicles and/or pedestrians onto, around, and/ § 340-39 ZONING § 340-39 or off a property, and which may contain the name or logo of an establishment, but not advertising copy. DIRECTORY SIGN — A sign identifying two or more persons or establishments occupying a structure. ELECTRONIC MESSAGE CENTER — Any sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or a flipper matrix. The images and messages displayed must be static (not change for at least 25 seconds), and the transition from one static display to another must be instantaneous to the human eye without having any transition effects. Transition effects include wipes, fades, or other special effects. FREESTANDING (PYLON) SIGN — A sign supported by one or more poles, columns, or braces or other supporting devices placed in or on the ground and not attached to any building. GOVERNMENT SIGN — All signs erected by or on behalf of the federal, state or local government; traffic controls; legal notices; or other signs required by law, including all signs erected under the authority of the Town of Johnston on Town owned or controlled land. HISTORICAL LANDMARK SIGN — A sign that is made a permanent and integral part of a building, to identify a property of historic significance by name, date of erection, and so forth. ILLUMINATED SIGN, EXTERNAL — A sign illuminated by a separate light fixture that casts light directly on the face of the sign. ILLUMINATED SIGN, INTERNAL — A sign lighted directly or indirectly by a light fixture located within the sign structure and designed to project light against the surface on which the sign lettering or graphics are located. INCIDENTAL SIGN — A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "private driveway," "loading zone," "no trespassing," and other similar directives. No sign having a commercial message or a logo shall be considered incidental. LOGO — A distinctive emblem, symbol or insignia identifying a particular product, service, business, activity, or entity. MARQUEE SIGN — Any sign attached to, in any manner, or made part of a permanent roof-like structure projecting beyond a building which is used as a theater. Such signs shall not extend beyond or be attached to the underside of the overhang. MEMU BOARD — A sign mounted on a structure erected for that purpose, not attached to any building, which is used for the listing of available menu items at an establishment with a drive-through window. MONUMENT SIGN — Any freestanding sign having a support structure that is a solid-appearing base constructed of permanent materials such as concrete block, stone, or brick and is in contact with or within one foot of the ground. OFF-PREMISES SIGN — Any sign, including but not limited to billboards, advertising or calling attention to an activity, product, or service not available within a building or upon the parcel of land where the sign is located. Except that, for the purpose of this article, subdivision identification, political, government, and temporary signs shall not be deemed off-premises signs. OPEN SPACE IDENTIFICATION SIGN — Any sign used to identify entrances to parks and open space. Such signs may include information relating to features and facilities, interpretive signs informing visitors about what they may see or experience, maps, and so forth. POLITICAL SIGN — A sign which advertises a candidate or candidates for public elective office, a political party, or promotes a position on a ballot question or public issue. PORTABLE SIGN — Any sign not permanently affixed to the ground or to a building; any sign attached § 340-39 JOHNSTON CODE

SITE PLAN § 340-4.107

The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot. Also known as a “plot plan.”

SPECIAL FLOOD HAZARD AREA (SFHA) § 340-140.24

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. SFHAs are determined utilizing the base flood elevations (BFE) provided on the flood profiles in the Flood Insurance Study (FIS) for a community. BFEs provided on a Flood Insurance Rate Map (FIRM) are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. SFHAs include, but are not necessarily limited to, the land shown as Zones A, A1-30, AE, AO, and AH on a FIRM. The SFHA is also called the area of special flood hazard.

SPECIAL USE § 340-4.108

A regulated use which is permitted pursuant to the special use permit issued by the Johnston Zoning Board of Review pursuant to the provisions of this chapter governing special use permits and R.I.G.L. § 45-24-42. Formerly referred to as a “special exception.”

START OF CONSTRUCTION § 340-140.25

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. "Actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STATE § 340-4.109

The State of Rhode Island.

STREET § 340-4.110

A public way established or maintained under public authority, a private way open for public uses, and a private way platted or laid out for ultimate public use whether or not constructed.

STRUCTURE § 340-4.111

A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.

STRUCTURE § 340-140.26

A walled and roofed building which is principally above the ground, including a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

SUBDIVISION IDENTIFICATION SIGN § 340-39.28

A sign at the entrance of a single integrated development consisting of two or more lots or a multifamily housing development, which advertises or identifies, for example, the name of a residential, commercial, or industrial subdivision or development, the address and/or the commercial or industrial occupant of the premises, and/or directional and parking instructions with respect to the development.

SUBDIVISION REGULATIONS § 340-4.112

The subdivision regulations of the Town of Johnston.

SUBSTANDARD LOT OF RECORD § 340-4.113

Any lot lawfully existing at the time of adoption or amendment of this chapter and not in conformance with the dimensional and/or area provisions hereof.

SUBSTANTIAL DAMAGE § 340-140.27

Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT § 340-140.28

Any combination of repairs, reconstruction, rehabilitation, alterations, additions or other improvements to a structure, taking place within any five-year period, in which the cumulative cost equals or exceeds 50% of the market value of the structure (R.I.G.L. § 23-27.3-106.1). This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. For purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

TEMPORARY SIGN § 340-39.29

Any sign, including a portable sign, which is used for a limited time and is not permanently installed or erected.

TOWER § 340-153.15

See "lattice tower" and "wireless telecommunications tower" definitions.

TOWN § 340-4.114

The Town of Johnston.

TOWN INSPECTOR § 340-137.5

Town Inspectors may include zoning officials, police, or any other town official who may investigate possible violations under this article or the Medical Marijuana Act. Editor's Note: See R.I.G.L. § 21-28.6-1 et seq.

TRAILER § 340-4.115

Any vehicle or similar portable structure designed and constructed so as to permit the occupancy thereof as a dwelling by one or more persons and so designed and constructed that it is or may be mounted on wheels and used as a conveyance on a street or highway, propelled or drawn by its own or other motive power.

UNIFIED DEVELOPMENT REVIEW § 340-4.116

Pursuant to R.I.G.L. § 45-24-46.4, as may be amended from time to time, unified development review is conducted by the Board and may be employed to review and approve of dimensional variances, use variances, and/or special-use permits for properties undergoing review by the Board as land-development or subdivision projects.

USE § 340-4.117

The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

VARIANCE § 340-4.118

Permission to depart from the literal requirements of this chapter. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this chapter. There shall be only two categories of variance, a use variance or a dimensional variance. (1) USE VARIANCEPermission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions hereof. (2) DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

VARIANCE § 340-140.29

A grant of relief by a community from the terms of the Floodplain Management Ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

VEHICLE SIGN § 340-39.30

Any sign on or affixed to an inoperative bus, car, boat, trailer, truck or other motorized vehicle, that is not used in the activities of the business, that is parked on public or private property with the primary purpose of providing advertisement of products, or that is directing people to a business or activity located on the same or nearby premises.

VETERINARY HOSPITAL § 340-4.119

An establishment of a licensed practitioner primarily engaged in the practice of veterinary medicine, dentistry or surgery for pets such as horses, rabbits, dogs, cats, and birds and other pets, with overnight keeping of pets which require continued medical attention.

VIOLATION § 340-140.30

Failure of a structure or other development to be fully compliant with the community's Floodplain Management Ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is resumed to be in violation until such time as that documentation is provided. Editor's Note: See 16 U.S.C. § 3501 et seq.

WALL SIGN § 340-39.31

Any sign attached parallel to and within 10 inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building. Signs installed on first-story mansard roof or mansard facades shall be considered wall signs.

WATERS § 340-4.120

As defined in R.I.G.L. § 46-12-1(23).

WATERS — As defined in R.I.G.L. § 46-12-1(23) § 2.12

WETLAND, COASTAL — As defined in R.I.G.L. § 45-22.2-4(28).[Amended 6-14-2004 by Ord.

WETLAND, COASTAL § 340-4.121

As defined in R.I.G.L. § 45-22.2-4(28).

WETLAND, FRESHWATER § 340-4.122

As defined in R.I.G.L. § 2-1-20.

WIND TURBINE § 340-4.123

A system for the conversion of wind energy into electricity. [Added 1-11-2021 by Ord. No. 2021-1]

WINDOW SERVICE USE § 340-4.124

An establishment that by design, physical features, service, or because of packaging procedures requires pedestrian customers to receive services and/or obtain goods through a window or opening in the building or by way of an automated console/terminal while walking up to use the services. Such a use may be the principal use of the establishment or as an accessory use to the principal use of the establishment and may include, but is not limited to, such types of uses as a restaurant, pharmacy, photo processor, laundry, cleaners, banks and/or other financial institutions.

WINDOW SIGNS § 340-39.32

Any sign which is painted on a window pane, mounted onto a window pane, or hung directly (within 24 inches of the glass) inside the window.

WIRELESS TELECOMMUNICATIONS FACILITY § 340-153.16

Includes an antenna, a wireless communications tower, a monopole, a building-mounted facility, a pole-mounted facility, or a disguised telecommunications facility.

WIRELESS TELECOMMUNICATIONS TOWER § 340-153.17

A structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles and lattice towers.

YARD § 340-4.125

A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

YARD, FRONT § 340-4.126

The area between a street line and a front lot line parallel thereto drawn through the nearest point of a principal structure, extending between side lot lines.

YARD, REAR § 340-4.127

An area extending across the full width of the lot between the rearmost principal building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such principal building.

YARD, SIDE § 340-4.128

The area between the principal building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the principal building.

ZONING BOARD § 340-4.129

The Zoning Board of Review of the Town of Johnston.

ZONING CERTIFICATE § 340-4.130

A document signed by the Zoning Enforcement Officer, as required in this chapter, which acknowledges that a use, structure, building, or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance or modification therefrom.

ZONING ENFORCEMENT OFFICER § 340-4.131

The local official responsible for the administration and enforcement of this chapter, who shall have a minimum of five years of zoning ordinance administration and enforcement experience.

ZONING MAP § 340-4.132

The map or maps which are a part of this chapter and which delineate the boundaries of all mapped zoning districts within the physical boundary of the Town of Johnston.

ZONING ORDINANCE § 340-4.133

The Johnston Zoning Ordinance enacted by the Town Council of the Town of Johnston pursuant to R.I.G.L. § 45-24-27 et seq., and in the manner provided for the adoption of ordinances in the Town's Charter, if any, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the Johnston Comprehensive Community Plan as defined in R.I.G.L. Title 45, Chapter 22.2, which includes the Johnston Zoning Map, and which complies with the provisions of R.I.G.L. § 45-24-27 et seq.

ZONING USE DISTRICTS § 340-4.134

The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts include, but are not limited to, agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined. Editor's Note: The former definition of "cluster," which immediately followed this definition, was repealed 10-11-2011 by Ord. No. 2011- Editor's Note: The former definition of "duplex," which immediately followed, was repealed 7-13-2020 by Ord. No. 2019- Editor's Note: See Ch. 303, Subdivision of Land.