Town of Johnston Zoning Ordinance

[Amended 6-14-2004 by Ord. No. 2004-9]

In accordance with R.I.G.L. § 45-24-27 et seq., as amended, also known as the “Rhode Island Zoning Enabling Act of 1991,” the Zoning Ordinance of the Town of Johnston is hereby amended to read as follows.

This chapter has been developed and will be maintained in accordance with the Johnston Comprehensive Community Plan, prepared, adopted by the Town Council, and as may be amended in accordance with Chapter 22.2 of Title 45 of the Rhode Island General Laws, also known as the “Rhode Island Comprehensive Planning and Land Use Regulation Act,” and is designed to address the following purposes, each having equal priority and numbered for reference purposes only:

• A. To promote the public health, safety, and general welfare.
• B. To provide for a range of uses and intensities of use appropriate to the character of the Town of Johnston, and reflecting current and expected future needs.
• C. To provide for orderly growth and development which recognizes:
  • (1) The goals and patterns of land use contained in the Johnston Comprehensive Community Plan adopted pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act;
  • (2) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;
  • (3) The values and dynamic nature of coastal and freshwater ponds, the shoreline and freshwater and coastal wetlands;
  • (4) The values of unique or valuable natural resources and features;
  • (5) The availability and capacity of existing and planned public and/or private services and facilities;
  • (6) The need to shape and balance urban and rural development; and
  • (7) The use of innovative development regulations and techniques.
• D. To provide for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
• E. To provide for the protection of the natural, historic, cultural, and scenic character of the Town of Johnston or areas therein.
• F. To provide for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.
• G. To provide for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.
• H. To promote a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary housing.
• I. To provide opportunities for the establishment of low and moderate income housing.
• J. To promote safety from fire, flood, and other natural or man-made disasters.
• K. To promote a high level of quality in design in the development of private and public facilities.
• L. To promote implementation of the Johnston Comprehensive Community Plan adopted pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act.
• M. To provide for coordination of land uses with contiguous municipalities, other municipalities, the State of Rhode Island, and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond Town of Johnston boundaries or have a direct impact on the Town of Johnston.
• N. To provide for efficient review of development proposals, to clarify and expedite the zoning approval process.
• O. To provide for procedures for the administration of this chapter, including, but not limited to, variances, special use permits, and, where adopted, procedures for modifications.

Except as may be specifically authorized hereunder, no land shall be used and no building, structure or sign shall be erected, modified, enlarged or used unless such action conforms to all of the applicable provisions of this chapter. Every building, structure or sign hereafter erected and every use hereafter initiated shall be located on a lot as defined by this chapter, and in no event shall there be more than one main or principal residential building, together with its accessory buildings, on one lot. In the case of dormitories erected for institutional use, planned developments approved pursuant to this chapter, and multifamily dwellings approved pursuant to this chapter, the requirements of one principal residential building per lot is waived.

• 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 Island.
• 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. § 1-3-2.

  ANIMAL SHELTER — 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.

  [Added 8-13-2024 by Ord. No. 2024-10]

  APPLICANT — 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 — 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.

  AUTO BODY SHOP — 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 — 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]

  BASEMENT — 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.

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

  BOARD — The Planning Board of the Town of Johnston.

  [Added 9-10-2018 by Ord. No. 2018-15]

  BOARDING, DAYCARE AND GROOMING SERVICES — 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.

  [Added 8-13-2024 by Ord. No. 2024-10]

  BREEDING KENNEL — 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.

  [Added 8-13-2024 by Ord. No. 2024-10]

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

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

  [Amended 7-13-2020 by Ord. No. 2019-23]

  BUILDING ENVELOPE — 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 — 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.

  [Amended 7-13-2020 by Ord. No. 2019-23]

  BUILDING INSPECTOR — The Johnston Building Inspector.

  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.

  COMMON OWNERSHIP — 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.

  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.
  • (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.)

  [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 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.

  [Added 10-11-2011 by Ord. No. 2011-3]

  DAY CARE —

  • (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 — 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 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.

  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.

  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. No. 2003-15]

  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 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.

  LOT — 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 — 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]

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

  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. No. 2011-25]

  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 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.

  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 Ord. No. 2018-3]

  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]

  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.

  [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.

  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 Ord. No. 2018-15]

  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.

  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 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.

  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]

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

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

  [Amended 6-14-2004 by Ord. No. 2004-9]

  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.

  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.

  Editor's Note: The former definition of "cluster," which immediately followed this definition, was repealed 10-11-2011 by Ord. No. 2011-3.

  Editor’s Note: The most current regulations are on file in the Town offices.

  Editor's Note: The former definition of "duplex," which immediately followed, was repealed 7-13-2020 by Ord. No. 2019-23.

  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.

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

[Amended 7-14-1997 by Ord. No. 999; 4-9-2007 by Ord. No. 2006-6]

For the purpose of this chapter, the Town of Johnston is divided into the following zoning districts:

• A. Residence R-40 District. This district covers a large portion of the Town into which urban-type development should logically expand as the need arises. This district is characterized by a commingling of open land interspersed with residential uses.
• B. Residence R-20 District. This district is composed of certain quiet, medium-low-density residential areas of the Town plus certain open areas where similar residential development appears likely to occur.
• C. Residence R-15 District. This district is composed of certain medium-density residential areas where similar development appears desirable.
• D. Residence R-10 District. This district is composed of certain medium-high-density residential areas that are served by both public water and public sewers.
• E. Residence R-7 District. This district is composed of certain high-density areas that are served by both public water and public sewers.
• F. Neighborhood Business B-l District. This district is composed of certain land and structures used primarily to provide for the retailing of commodities classified by merchants as "convenience goods," such as groceries and drugs, and the furnishing of selected personal services.
• G. General Business B-2 District. This district is composed of certain land and structures to provide for the retailing of commodities and the furnishing of services which depend upon a great volume of vehicular and pedestrian traffic.
• H. Interchange Business B-3 District. This district is composed of large-scale, mixed-use development of a regional scale which may contain high-density residential, retail/commercial, office, light manufacturing projects and distribution facilities. The district is located at the highway interchanges within the Town.

  [Amended 9-10-2018 by Ord. No. 2018-15]

• I. Industrial I District. This district is composed of certain land so situated as to be suitable for industrial development. The purpose of this district is to permit the normal operation of a large number of industries, subject only to those regulations needed to control congestion and to protect nearby residential and business districts.
• J. Industrial I-S District. This district is composed of certain land and uses which due to the peculiar nature of their activities require locations remote from classes of land use or require additional safeguards.
• K. Industrial I-L District. This district is composed of certain land so situated as to be suitable for light industrial development. The purpose of this district is to permit the operation of a limited number of industrial uses and heavy business uses that will be compatible with nearby residential and business districts.
• L. Planned District (PD). This district is intended to be established from time to time to fit the general pattern of land use established by this chapter for the development of the Town and to further the purposes set forth in § 340-2. Planned Districts are established to encourage development of harmonious, efficient and convenient neighborhoods and business developments by promoting variety in land use, residential density and site design through clustering of buildings and the preservation of unique natural features of the site.

  [Amended 2-17-2011 by Ord. No. 2010-27]

• M. Planned Mixed-Use Development District (PMUD). This district is a subcategory of a Planned District. As set forth in § 340-93, a PMUD must have access to all major utilities, including municipal water and sewer service, and not be located adjacent to an R-40 or lower-density residential zone. In addition, a PMUD must be located adjacent to an existing business zone.

  [Amended 2-17-2011 by Ord. No. 2010-27]

• N. Continuing Care Retirement Community (CCRC). This district is a subcategory of 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. 2010-27]

[Amended 4-9-2007 by Ord. No. 2006-6]

The boundaries of the above zoning districts are hereby established as shown on the map filed in the office of the Town Clerk, entitled "Johnston Zoning Map," which Zoning Map is hereby adopted and made part of this chapter. The map entitled "Plat Index Zoning Map, Town of Johnston, Rhode Island," filed at the office of the Town Clerk, is intended as an index to the boundaries of the zoning districts established by the aforesaid plats but is intended to be used as a reference only and is not made part of this chapter.

[Amended 4-9-2007 by Ord. No. 2006-6]

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

• A. Boundaries indicated as approximately following the center lines of a highway, street, alley, railroad, watercourse or body of water shall be construed to be center line, or middle thereof, or where such boundaries indicated as approximately following Town limits shall be construed as following such Town limits.
• B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
• C. Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Zoning Board may permit, as a special use permit, the extension of the regulations for either portion of the lot not to exceed 30 feet beyond the district line into the remainder of the lot.
• D. Boundaries indicated as following shorelines shall be construed to follow such shorelines "at the mean high waterline" and in event of change in the shoreline shall be construed as moving with the actual shoreline.
• E. Boundaries indicated as parallel to or extensions of features indicated in the above subsections shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
• F. Where physical or cultural features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered by the above subsections, the Zoning Board shall interpret the district boundaries.

[Amended 4-8-1996 by Ord. No. 968; 6-9-1997 by Ord. No. 1004; 7-14-1998 by Ord. No. 1039; 5-24-1999 by Ord. No. 1082; 4-9-2007 by Ord. No. 2006-6]

The Table of Use Regulations is located at the end of this chapter and is fully incorporated herein by reference. The status of the uses listed in the Table of Use Regulations is indicated by a letter appearing in the appropriate column headings. The interpretation of these letters shall be as follows:

[Added 6-14-2004 by Ord. No. 2004-9]

The Table of Dimensional Regulations is located at the end of this chapter and is fully incorporated herein by reference.

[Added 11-9-2009 by Ord. No. 2009-17]

• A. Purpose.
  • (1) The Redevelopment Overlay District (ROD) regulations are established in order to encourage and accommodate planned commercial development when it is compatible with surrounding uses and on land that could be suitably used as regulated by the underlying zone.
  • (2) In order to provide for an area of this type of development, a Redevelopment Overlay District has been created. The purpose of the Redevelopment Overlay District (ROD) is to provide areas for economic development in the Town of Johnston that are well designed and to provide for a variety of uses.
• B. Intent. The ROD is intended to provide for a diversity of compatible land uses and development densities in suitable locations throughout the Town of Johnston. The district may include a mixture of office, retail, hotel, recreational, open space, and other uses as described below.
• C. Conformity to Comprehensive Plan. All development within the Redevelopment Overlay District (ROD) shall conform to the goals, policies and guidelines as set forth in the Town of Johnston Comprehensive Community Plan. In order to demonstrate such conformity, the applicant shall be required to submit a description of all proposed development to the Planning Board. This description shall be a statement, in text, maps, illustrations or other media of communication that is designed to provide a basis for rational decision making regarding the long-term physical development of the Redevelopment Overlay District.
• D. Applicability. Provisions of this section shall apply only to property located in the zoning district entitled "Redevelopment Overlay District," or ROD, as shown on the Official Zoning Map.
• E. Procedure for approval.
  • (1) For new uses on undeveloped land, development within the ROD shall be reviewed and approved by the Johnston Planning Board as a major land development project. In order to expedite the review and approval of major land development projects within the district, the Johnston Planning Board may combine the stages of review as provided in the Subdivision and Land Development Review Regulations.
  • (2) Existing conforming uses seeking approval for significant expansion shall be reviewed as new uses. Existing nonconforming uses within the district may be continued.
• F. Permitted uses. All uses listed below in Table 1, Permitted Uses, shall be permitted in the ROD. The Johnston Planning Board shall determine, at the time of review for approval of, or amendment to, a previously approved land development project within the ROD, that the proposed use is consistent with the Comprehensive Community Plan; provided, however, that the Johnston Planning Board may not approve any use unless listed in Table 1. Changes in use of land or buildings or any combination thereof to an approved land development project shall be reviewed by the Administrative Officer as provided in the Subdivision and Land Development Review Regulations.

  	Table 1 Permitted Uses
  	Classification (as per Section D)	Use Description
  	Subsection 1 Agricultural uses.
  	7.	Commercial greenhouse or nursery
  	Subsection 2 Residential uses.
  	8.	Motel, hotel or tourist court
  	Subsection 4 Public and semipublic uses.
  	2.	Clubs, lodges, social and community center buildings
  	3.	Charitable institution
  	4.	Municipal and government building
  	6.	Fire or police station
  	10.	Individual instruction
  	11.	Day nursery, nursery school, kindergarten or other agency giving day care to children
  	14.	School conducted as a private gainful business for teaching subjects as instrumental music, singing, and dancing
  	15.	Public/semipublic office related use, with drive-through window and/or exterior (outside) automated service center/facility as a principal use
  	16.	Public/semipublic office related use, with drive-through window and/or exterior (outside) automated service center/facility as an accessory use
  		Continuing care retirement community (CCRD) (Ordinance No. 2008-13 )
  	Subsection 6 Office uses.
  	2.	Professional office, real estate, insurance agency, etc.
  	3.	Bank or bank building, credit union or office building
  	5.	Office for wholesale or manufacturing use
  	6.	Office building
  	7.	Office complex for one or more tenants, veterinary clinic, medical uses, financial institutions
  	8.	Office use, with drive-through window and/or exterior (outside) automated service center/facility as a main use
  	9.	Office use, with drive-through window and/or exterior (outside) automated service center/facility as an accessory use
  	Subsection 7 Transportation uses.
  	3.	Commercial off-street parking facility
  	4.	Motor or rail freight terminal
  	5.	Bus or rail passenger terminal
  	Subsection 8 Restaurant and entertainment.
  	1a.	Lunchroom or restaurant not including entertainment or liquor
  	1b.	Lunchroom or restaurant including entertainment or liquor
  	2.	Tavern or nightclub
  	3.	Theater or concert hall
  	4.	Indoor commercial recreation
  	5.	Drive-in or car-hop restaurant
  	9.	Food service/restaurant use, with drive-through window and/or exterior (outside) automated service center/facility as a main use
  	10.	Food service/restaurant use, with drive-through window and/or exterior (outside) automated service center/facility as an accessory use
  	Subsection 9 Service business.
  	1.	Personal convenience service, including but not limited to the following: barbershop, beautician, shoe repair, cleanser, laundry pickup
  	2.	Specialty services, including but not limited to the following: printing and Photostat shop, tailor, photo studio, interior decorating shop, catering services
  	5.	Veterinary office or animal hospital
  	6.	Gasoline filling station, including the temporary storage of inoperable vehicles (no major repairs)
  	7.	General automobile repair, including outdoor storage or repairable vehicles
  	10.	Vehicle rental agency
  	11.	Coin-operated car wash
  	12.	Coin-operated laundromat or dry-cleaning shop
  	14.	Service business use, with drive-through window and/or exterior (outside) automated service center/facility as a main use
  	15.	Service business use, with drive-through window and/or exterior (outside) automated service center/facility as an accessory use
  	Subsection 10 Retail business.
  	1.	Grocery, bakery, drug, dairy product store, egg and poultry store, delicatessen store, meat, fish and seafood store
  	2.	Supermarket
  	3.	Fruit or vegetable stand
  	4.	Garden supply store, florist shop
  	5.	Package liquor store
  	6.	Bookstore, card shop, gifts, novelty or souvenir store, hobby supply store, jewelry store, musical instruments and record store; newsstand, notions store, tobacco store, toy store
  	7.	General merchandise, department store, furniture and household goods
  	8.	Apparel and accessories store; dry goods store, luggage store, sporting goods store and hardware store
  	9.	Automobile accessories store; bicycle store
  	13.	Used furniture
  	14.	Antique sales
  	17.	Retail use, with drive-through window and/or exterior (outside) automated service center/facility as a main use
  	18.	Retail use, with drive-through window and/or exterior (outside) automated service center/facility as an accessory use
  	Subsection 11 Wholesale business and storage.
  	1.	Wholesale business, storage and distribution of nonflammable and nonexplosive materials within a structure
  	4.	Storage of flammable or explosive material
  	6.	Retail outlet for a wholesale storage of manufacturing use
  	7.	Storage of heating fuels

  Editor's Note: Ordinance No. 2008-13 was repealed 2-17-2011 by Ord. No. 2010-24.

• G. Dimensional and density standards. Developments proposing a subdivision or existing lots of record within the ROD utilized for a singular use shall conform to the following table:

  Table 2. Dimensional and Density Standards
  	Area Minimum	Width Minimum	Front Yard Minimum (feet)	Side Yard Minimum (feet)	Rear Yard Maximum (feet)	Maximum Floors	Maximum Lot Building Coverage
  All uses	N/A	N/A	20	10	40	6	100%

  • (1) Supplemental dimensional standards:
    • (a) For structures on the same lot or on commonly owned land, the dimensional standards above shall apply. In addition, the minimum separation between buildings on the same lot or commonly owned land shall be zero feet if attached to an adjacent building.
• H. (Reserved)
• I. Circulation standards. The circulation system shall provide functional links and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity and promote safe and efficient mobility through the ROD.
  • (1) Site access. The intent of the ROD is to limit access onto existing public rights-of-way to strategically placed locations. In addition, the location(s) shall be designed to effectively allow for the efficient and same movement of vehicular traffic in and out of the ROD. The following shall apply to new and existing uses within the ROD:
    • (a) New uses. All new uses constructed after the effective date of this section shall be provided with vehicular access to a common internal street(s) or frontage road(s) that shall intersect with a public right-of-way at a location(s) approved by the Johnston Planning Board.
    • (b) Expanded existing uses. In reviewing applications for expanded existing uses having existing driveway access on an existing public right-of-way, the Johnston Planning Board shall determine if such access to the expanded use would be safe, attractive and otherwise consistent with the intent and purpose of the ROD and shall make its findings in writing. Based on these findings, the Board may permit the expanded use(s) to utilize existing access.
    • (c) Existing uses. All existing uses with direct vehicular access to a public right-of-way shall be permitted to retain such access. Change of existing uses to other permitted uses in the ROD or additions or enlargements which do not involve significant expansion of a structure shall not require new access.
    • (d) Approval. All new uses and expanded existing uses must be approved by the Johnston Fire Marshal.
• J. Parking requirements, standards, and design.
  • (1) Parking requirements. The base parking requirements per use shall be as follows:

    	Table 3. Parking Requirements
    	Use	Minimum Parking Spaces
    	Hotels	1 per room plus 5% for employees
    	Office	3 per 1,000 square feet
    	Retail/commercial	3 per 1,000 square feet
    	Restaurant	1 per 4 seats plus 20% for employees
    	All other uses	3 per 1,000 square feet

  • (2) Shared on-site parking. As part of the approval process within the ROD, the applicant may request reductions to minimum requirements or alternative methods for meeting the required parking based on an analysis of peak parking demands for the proposed uses.
  • (3) Off-site parking. Separate from, or in conjunction with, shared-parking provisions, applicants may use off-site parking to satisfy their parking requirements in accordance with the following conditions:
    • (a) Off-site parking shall be within 500 feet of the property for which it is being requested.
    • (b) Off-site parking spaces provided by a separate private property owner shall be subject to a legally binding agreement that will be presented to the Johnston Planning Board as a condition of approval.
  • (4) Service access. When required, loading and other service areas such as trash dumpsters shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of the loading areas from adjacent properties or from public rights-of-way. Loading areas shall be allowed in travel lanes or parking areas so as long as the loading/unloading occurs during nonbusiness hours.
  • (5) Fire lanes. The ROD must include fire lanes, which shall be approved by the Johnston Fire Marshal.
• K. Outdoor lighting. Streets, parking areas, pedestrian areas, and other actively used areas within the ROD shall be provided with adequate lighting while minimizing adverse impacts, such as glare and overhead sky glow, on adjacent properties and public rights-of-way.
  • (1) Parking lot lighting shall be provided to meet the minimum standards developed by the Illumination Engineering Society.
  • (2) Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties. Use of minimum-wattage metal halide, color-corrected sodium light sources, or superior technology is encouraged. Non-color-corrected low-pressure sodium and mercury vapor lights are prohibited, except in light industrial areas where access by the public is restricted.
• L. Landscaping and screening standards. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas.
  • (1) General screening. Where screening is required by this section, it shall be at least three feet in height, unless otherwise specified. Required screening shall be at least fifty-percent opaque throughout the year. Required screening shall be satisfied by one or some combination of:
    • (a) Decorative fence not less than fifty-percent opaque behind a continuous landscaped area.
    • (b) Masonry wall.
    • (c) Hedge.
  • (2) Parking lot landscaping and screening. All parking and loading areas fronting on collector streets or abutting a residential use shall provide:
    • (a) A landscaped area at least five feet wide along the public street or sidewalk or to abutting residential properties.
    • (b) One tree for each 75 linear feet of parking lot frontage along collector street or residential use.
  • (3) Parking area interior landscaping. The corners of parking lots, "islands," and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking. In large parking lots containing more than 100 spaces, an interior landscaped area of at least 300 square feet shall be provided for each 50 spaces or fraction thereof, containing one canopy tree. The remainder shall be covered with turf grass, native grasses or other perennial flowering plants, vines or shrubs.
  • (4) Screening from adjacent residential uses. In reviewing any new use proposed to be developed within the ROD adjacent to existing residential uses, the Johnston Planning Board may require additional screening, landscaping or buffering, including, but not limited to, the construction of fences, walls or other architectural barriers the purpose of which is to mitigate any adverse impacts upon adjacent residential property.
  • (5) Refuse areas. All outdoor refuse storage, collection and recycling areas shall be enclosed and solidly screened by wood or fence enclosure, with a minimum height of six feet, and shall extend on three sides of such an area, with a gate or door on the fourth side. The Johnston Planning Board may modify this requirement if such area is not visible from abutting property or streets and, in the opinion of the Board, is not necessary in order to screen or buffer abutting property or streets or to otherwise meet the purposes of the Johnston Comprehensive Community Plan or this Zoning Ordinance.
• M. Signs. The Johnston Planning Board may require the submission of a comprehensive signage plan for all uses, individual buildings or complex of buildings and uses as part of its review. The signage plan may include conceptual drawings and supporting information describing the proposed signage for all major buildings and uses, including entrance signs, directional signs, etc. The Board may approve, revise or reject such plan as required to achieve consistency with the Comprehensive Community Plan and the purposes of this section. Signs shall comply with the following:
  • (1) Entrance sign. The Johnston Planning Board shall limit the number of entrance signs to roads or driveways which provide access to major complexes of uses and buildings within the ROD, and not to individual uses or buildings. No such entrance sign shall be permitted for individual uses or buildings. Such entrance signs shall be not more than 1,000 square feet in sign display area per side and no more than 40 feet in height.
  • (2) Wall-mounted signs (per building side). For retail, commercial, institutional, office and light industrial uses in the ROD there may be one or more wall-mounted sign(s) for each building side, the total of which does not exceed one square foot for each lineal foot of the building frontage on which the sign is located, not to exceed 300 square feet.
  • (3) Freestanding signs. In addition to permitted wall-mounted signs, there shall also be allowed one freestanding sign for each building not to exceed 50 square feet per side. Such freestanding signs shall not exceed 30 feet in height above the ground. No such freestanding sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public or private street, sidewalk, driveway, off-street parking or loading facility or any other access required by this section.
  • (4) Sign allowance variations. In consideration of the comprehensive sign plan for a building or buildings, the Planning Board may increase the size of the wall-mounted signs by reallocating, in whole or in part, the allowable square footage of the freestanding sign to the wall-mounted sign. Where such consideration is granted by the Johnston Planning Board, no freestanding sign shall be permitted.
  • (5) Sign revisions. Revisions to signs in an approved comprehensive signage plan shall be reviewed by the Administrative Officer as an amendment to an approved plan, as provided in the Subdivision and Land Development Review Regulations.
  • (6) Sign lighting. Signs within the ROD may be illuminated or indirectly illuminated.
• N. Utilities. All proposed new uses in the ROD shall be serviced by public sewer and water.
• O. Timing of development. The Master Development Plan documents may contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.

[Added 11-9-2009 by Ord. No. 2009-18]

The Johnston Town Council hereby adopts the "Johnston Town Center Redevelopment and Project Plan" dated October 22, 2009, and attached hereto and incorporated herein as "340 Attachment 1" after making the following findings:

• A. The properties located in Johnston Assessor's Plat 44, lots 83, 84, 85, 86, 88, 294, 295 and 355, compose a substandard, blighted area characterized by dilapidation, deterioration of site improvements, obsolescence, and an inadequacy of utilities;
• B. Said area is of mixed character which may lead to further deterioration and decline to the point where it may become detrimental to the public health, safety, morals, and welfare of the inhabitants of the Johnston community;
• C. Conditions of blight tend to foster the spread of these conditions to other areas and may become a significant liability for the Town;
• D. The project area herein described would not by private enterprise alone, and without governmental subsidy or the exercise of governmental powers, be developed or revitalized in a manner so as to prevent, arrest, or alleviate the spread of blight or decay;
• E. The plan will afford maximum opportunity to privately financed development or revitalization consistent with the sound needs of the city or Town as a whole;
• F. The financing of that portion of the project in accordance with the plan is in the public interest;
• G. The benefits that will result from the remedying of these conditions and redevelopment of these blighted areas, including, but not limited to, expanding the tax base, and generating new businesses and employment opportunities, will accrue to all of the inhabitants and property owners of the Town of Johnston;
• H. The project will create new jobs, both construction and nonconstruction, and provide wages and benefits and an impact on personal income taxes to the State of Rhode Island as shown in the Tax Increment Financing Bond Projections and Economic Impact Analysis, dated October 16, 2009, and incorporated herein and attached hereto as "340 Attachment 2"; and

  Editor's Note: Said analysis is on file in the office of the Town Clerk.

• I. The Johnston Town Center Redevelopment and Project Plan is feasible, conforms to the Town's Comprehensive Community Plan, and if carried out, would eliminate the blighted area and replace it, through redevelopment, with a well-planned, integrated, stable neighborhood conducive to the public health, safety, morals, and welfare of the community.

Editor's Note: Said plan is on file in the office of the Town Clerk.

[Added 7-13-2020 by Ord. No. 2019-23]

These regulations are established to allow the Board flexibility in approving subdivisions on private roads or with reduced lot frontage.

• A. Purpose. Flexible design residential projects (FDRP) are:
  • (1) To encourage the preservation of open space for its scenic beauty and the appropriate use thereof;
  • (2) To preserve historical and archeological resources;
  • (3) To protect the natural environment and the varied landscapes of Johnston;
  • (4) To protect the value of real property;
  • (5) To promote more sensitive siting of buildings and better overall site planning;
  • (6) To perpetuate the appearance of the Town's traditional New England landscape;
  • (7) To allow landowners a reasonable return on their investment and to reward landowners with reduced infrastructure costs and density bonuses;
  • (8) To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; and
  • (9) To offer an alternative to conventional subdivision development.
• B. Approval procedure. The Board may approve, in accordance with the regulations, a FDRP in zoning districts where allowed in § 340-8 of this chapter. Application must be made in accordance with the procedures of the regulations.
• C. Lot frontage and width, flexible provisions. The Board may grant a waiver pursuant to the regulations to permit lot frontage and lot width variations in all residential zones. In no case may the lot width and lot frontage be less than 20 feet.
  • (1) To grant this waiver the Board must find that:
    • (a) Using flexible zoning is in the best interest of good planning design as evidenced by consistency with the Comprehensive Community Plan and the Zoning Ordinance; and
    • (b) Would result in a better use of the land than permitted under conventional zoning.
  • (2) Open space lots, within an approved conservation development may have zero frontage on a street, if the Board approves private access to the open space by easement.
• D. Maximum density for FDRP. A conventional yield plan, as defined, must be submitted as part of the waiver request. The total number of lots permitted in FDRP shall not exceed the number of lots shown in the conventional yield plan.
• E. Modification of lot requirements.
  • (1) Applicants are encouraged to modify, lot size, shape, and other dimensional characteristics within an FDRP.
  • (2) Lots must conform to all dimensional requirements except frontage for the applicable zone.
• F. Streets. Streets within an FDRP may be publicly or privately owned and maintained. Streets shall be designed to conform with the standards of the Town where the street is or may be ultimately intended for dedication and acceptance by the Town, Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or such other means or entity as may be approved by the Board.

Property and buildings to be used for industrial purposes shall be so designed and laid out as to minimize disturbance to adjacent property by such features as buffer fences, planting, suitably located points of traffic ingress and egress, and areas for loading and parking. They shall comply in addition to the requirements applicable to the district in which they are located. All industrial operations shall be carried on in conformity with the following requirements.

No structure shall be erected for any industrial use, or occupied for industrial use, and no land shall be used for industrial purposes unless industrial use and operation have been certified in accordance with this chapter. All uses permitted in the I, I-S and I-L Districts under § 340-8 shall conform with this section.

[Amended 5-10-2010 by Ord. No. 2010-13]

• A. The Building Inspector shall have the authority to certify a proposed industrial use or operation for probable compliance with the performance standards of § 340-16 of this chapter. It is recognized that in some cases the Building Inspector cannot adequately judge the relation of a prospective or established industrial use to the performance standards of this chapter. In such cases, the Building Inspector or the applicant may request an advisory opinion from the Planning Board.
• B. Procedure for certification. Before issuing a building permit for an industrial use, the Building Inspector shall determine whether or not the proposed use will comply with the performance standards of § 340-16 of this chapter.
  • (1) Plans and specifications. In order to determine the probable compliance of a proposed industrial use with the performance standards hereof, the Building Inspector may require submission of plans and specifications of any proposed machinery, operations, and techniques to be used to meet the performance standards. No applicant shall be required to reveal any secret processes.
  • (2) Affidavit from applicant. The Building Inspector shall require an affidavit from the applicant acknowledging the applicant's understanding of the applicable performance standards hereof and of his continuing agreement to comply with these standards.
  • (3) Request for hearing. Upon filing an application for a building permit for an industrial use, the Building Inspector may require, or the applicant request, a hearing before the Planning Board, conducted according to the provisions of this article.

[Amended 5-10-2010 by Ord. No. 2010-13]

• A. Procedure:
  • (1) The Planning Board shall review all requests for building permits for industrial use referred to it and make findings as to the probable compliance of the proposed uses to the performance standards hereof. Nothing shall prohibit the Planning Board from submitting such requests to the process of peer review as the Board may deem necessary and appropriate.
  • (2) Upon making findings, the Planning Board shall recommend issuance or refusal of a building permit and convey such recommendations, in writing, to the Building Inspector within 10 days of the last meeting at which deliberations on the applications were held.
  • (3) It is intended that the burden of proof for the establishment of reasonable assurance of compliance with performance standards herein shall rest with the applicant. No applicant shall be required to reveal any secret processes. The Planning Board shall invite the applicant or his representative to appear before it at its meeting.

Upon determination that a proposed industrial operation complies with the performance standards hereof, certification shall be made by the Building Inspector and shall specify whether certification is granted for conformance in an I, I-S or I-L District.

[Amended 5-10-2010 by Ord. No. 2010-13]

• A. Violations. In the event of a determination by the Building Inspector of a probable violation of the performance standards subsequent to the granting of a permit, a written notice of the probable violation shall be sent by registered mail to the owner of the industrial use. The notice shall further state that upon the continuation of the probable violation, technical determinations as described in this chapter shall be made by the Building Inspector and that if violations as alleged are found, costs of such determinations, including the costs of hiring qualified experts, shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate; provided, however, that if it is determined that no violation exists, the cost of the determination will be paid by the Town of Johnston.
• B. Review by Planning Board. Cases involving probable violations may be referred by the Building Inspector to the Planning Board. In such cases, the Planning Board shall proceed to investigate the alleged violation and shall make such technical determinations as are prescribed in § 340-16 of this chapter. The Planning Board shall make known its findings, in writing, to the Building Inspector.

[Amended 5-12-2025 by Ord. No. 2025-2]

The following standards for the operation of uses in industrial districts (I, I-S and I-L) shall apply:

• A. Noise:
  • (1) Noise shall be measured from any property line of the tract on which the manufacturing operation is located. At the specified points of measurement, the sound pressure level of noise radiated continuously from a manufacturing facility or activity (other than background noises not under direct control of the manufacturing use, such as vehicular traffic) shall not exceed the values given in the Table of Maximum Permissible Sound-Pressure Levels and the Table of Correction Factors - Sound Pressure Levels, octave bands of frequency, between the nighttime hours of 11:00 p.m. and 7:00 a.m.
  • (2) The instruments used for these measurements shall conform to the specifications published by the American Standards Association, Inc., New York, New York. The sound pressure level shall be measured with a sound level meter (American Standard Specifications for Sound Level Meters for Measurement of Noise and Other Sounds, S1.4-1961) and an octave band filter set, as indicated in the Table of Maximum Permissible Sound-Pressure Levels.

    	Table of Maximum Permissible Sound-Pressure Levels
    	Pre-1960 Octave Bands1		Preferred Frequency Octave Bands2
    	Octave Band Frequency (cycles per second)	Decibels	Octave Band Center Frequency (cycles per second)	Decibels
    	0 to 75	72	31.5	76
    	75 to 150	67	63	71
    	150 to 300	59	125	65
    	300 to 600	52	250	57
    	600 to 1,200	40	500	50
    	1,200 to 2,400	40	1,000	45
    	2,400 to 4,800	34	2,000	39
    	Above 4,800	32	4,000	34

    	NOTES: 1 Pre-1960 Octave Bands. A standardized series of octave bands prescribed by the American Standards Association in Z24.10-1953, Octave Band Filter Set for the Analysis of Noise and Other Sounds.
    	2 Preferred Frequency Octave Bands. A standardized series of octave bands prescribed by the American Standards Association in S1.6-1960, Preferred Frequencies for Acoustical Measurements.

  • (3) If noise is not smooth and continuous and/or is not radiated between the hours of 11:00 p.m. and 7:00 a.m., one or more of the corrections in the Table of Correction Factors - Sound Pressure Levels shall be added to or subtracted from each of the decibel levels given previously in the Table of Maximum Permissible Sound-Pressure Levels.

    	Table of Correction Factors - Sound Pressure Levels
    	Type of Operation or Character Noise		Correction in Decibels
    	Daytime operation 7:00 a.m. to 11:00 p.m.		plus 5
    	Noise source operated less than 20% of any one-hour period		plus 5*
    	Noise source operated less than 5% of any one-hour period		plus 10*
    	Noise source operated less than 1% of any one-hour period		plus 15*
    	Noise of impulsive character (hammering, and so forth)		minus 5
    	Noise of periodic character (hum, screech, and so forth)		minus 5
    	NOTE:
    	* Apply one of these corrections only.

• B. Vibration. Vibration shall be measured at the nearest property line. No vibration is permitted which is discernible to human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation.
• C. Smoke and other forms of air pollution. Manufacturing operations shall conform to the Rhode Island Clean Air Act, R.I.G.L. § 23-23-1 et seq., as amended, and regulations promulgated thereunder, including, without limitations, the "Air Pollution Control Regulations" of the Rhode Island Department of Environmental Management, as amended.
• D. Sewage and waste. Effluent from any manufacturing use which is discharged into the ground shall at all times comply with the "Rules and Regulations Pertaining to Disposal of Sanitary Sewage in Unsewered Areas" of the Rhode Island Department of Health, as amended. Manufacturing operations shall comply with the Rhode Island Hazardous Waste Management Act of 1978, R.I.G.L. § 23-19.1-1 et seq., the Hazardous Substance Community Right to Know Act, R.I.G.L. § 23-24.4-1 et seq., the Rhode Island Water Pollution Control Act, R.I.G.L. § 46-12-1 et seq., as such laws may be amended, and all regulations promulgated thereunder.
• E. Heat and glare. Any manufacturing operation producing heat and/or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line. No lighting shall be used in such a manner that produces glare on public highways or neighboring property.
• F. Radiation. Manufacturing operations shall cause no dangerous radiation at the property line as specified by the regulations of the United States Atomic Energy Commission.
• G. Fly ash, dust, fumes, vapor, gases, and other forms of air pollution.
  • (1) No emission shall be permitted which can cause any damage to health, to animals or vegetation, or other forms of property or which can cause excessive soiling.
  • (2) In no event shall any emission be allowed of any liquid particles (other than water) in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. Measurement shall be taken at the point of emission.
  • (3) For measurement of particles in gases resulting from combustion, standard corrections shall be applied to correct to a stack temperature of 500º F. and to correct the assumption that 50% excess air is present at the time of measurement, which must be deducted from the measured volume (0% excess volume) before computing the grains per cubic foot to compare with the standards.
  • (4) Standards for individual gases and pollutants shall be as follows:

    	Photochemical Oxidants: Emission of photochemical oxidants shall not exceed a maximum hourly concentration of 0.04 parts per million, as determined by the Alkaline Potassium Iodine method. 1
    	Hydrocarbons: The three-hour average concentration of hydrocarbons (with correction for methane) shall not exceed 0.15 parts per million, as determined by the Flame Ionization Technique.
    	Carbon Monoxide: The eight-hour average concentration of carbon monoxide shall not exceed three parts per million, and the average concentration shall not exceed 20 parts per million in any ninety-minute period, as determined by continuous Nondispersive Infrared Analyzers.
    	Sulfur Oxides: the twenty-four-hour average concentration of sulfur oxides shall not exceed 0.03 parts per million, and the maximum hourly concentration shall be 0.10 parts per million, as determined by the modified West-Gaeke Method. 2
    	Nitrous Oxides: The annual average concentration of nitrous oxides shall not exceed 0.026 parts per million, as determined by the modified West-Gaeke Method. 3
    	Particulate Matter: The twenty-four-hour average concentration of particulate matter shall not exceed 100 micrograms per cubic meter, as determined by the High Volume Air Sampling Method.

    	NOTES:
    	1 All air sampling methods are those described in Air Quality Criteria, U.S. Department of Health, Education and Welfare, unless otherwise specified.
    	2 Scaringelli, S.A.; Saltzman, B.E., Frey, S.A.; 1967.
    	3 Saltzman, B.E.

  • (5) If monitoring of the ambient air in the Town of Johnston shall determine pollution levels lower than those specified by this chapter, these lower levels shall be maintained. No significant degradation of air quality shall be permitted within the Town of Johnston.
• H. Gases and fumes. Any gases or fumes emitted in such quantity or of such nature that they are or potentially may become odorous or toxic shall be collected and filtered, washed, absorbed, burned or otherwise treated in a manner approved by the Zoning Enforcement Officer before being discharged into the atmosphere.
• I. (Reserved)
• J. Covering of dirt mounds to prevent environmental and public health hazards.
  • (1) Purpose and intent. This subsection is enacted to protect the public health, safety, and welfare of the residents of the Town of Johnston by minimizing dust; sediment runoff, and erosion caused by uncovered dirt mounds. These measures aim to preserve air and water quality, reduce nuisances, and ensure compliance with environmental regulations.
  • (2) Definitions. For the purposes of this subsection, the following terms shall have the meanings indicated:

    DIRT MOUND — Any accumulation of soil, sand, gravel, or similar earthen materials exceeding 10 cubic yards or five feet in height.

    COVERING — A protective material, such as tarps, plastic sheeting, or other erosion control products, designed to prevent exposure to wind or precipitation.

    RESPONSIBLE PARTY — The property owner of where the dirt mound(s) is located.

  • (3) Applicability. This subsection applies to all properties within the jurisdiction of the Town of Johnston where dirt mounds are created, stored, or maintained, including construction sites, landscaping projects, and excavation activities.
  • (4) Covering requirements.
    • (a) A dirt mound(s) must he covered when:
      • [1] The mound(s) is in use but remains undisturbed for more than 24 hours; or
      • [2] The mound(s) are stored on a property.
    • (b) Acceptable covering methods include, but are not limited to:
      • [1] Secured tarpaulins or similar impermeable materials.
      • [2] Application of water or soil stabilizers to control dust temporarily.
      • [3] Erosion control blankets for long-term stabilization.
    • (c) Dirt mounds that cannot be covered due to active use must have dust suppression measures in place, such as:
      • [1] Routine water spraying.
      • [2] Installation of wind barriers.
      • [3] Use of chemical stabilizers in accordance with manufacturer instructions.
  • (5) Exceptions. The following activities are exempt from the covering requirement:
    • (a) Dirt mounds used in ongoing construction activities that will be removed or redistributed within 24 hours.
    • (b) Agricultural activities regulated under separate statutes.
    • (c) Small-scale residential landscaping projects, provided the total mound volume does not exceed 10 cubic yards.
  • (6) Enforcement and penalties.
    • (a) The Department of Planning and Public Services, also referred to as the Department of Public Works (DPW), is authorized to enforce this subsection and may conduct inspections to ensure compliance.
    • (b) Violations of this subsection are subject to the following penalties:
      • [1] A fine of $250 for the first offense.
      • [2] A fine of $500 for each subsequent offense.
      • [3] Suspension or revocation of permits for a business license, construction, or land disturbance activities.
  • (7) Effective date. This subsection shall take effect immediately upon its adoption and publication as provided by law.
• K. Compliance with applicable laws and regulations. The above list of industrial performance standards shall be in addition to, and not in lieu of, any other applicable federal and state laws and regulations with which an industrial use is bound to comply.

• A. Establishment. An advisory body is hereby established known as the Industrial Performance Commission. The purpose of this body is to provide technical and scientific assistance in the determination by the Zoning Enforcement Officer of the performance characteristics of proposed or existing industrial operations pursuant to § 340-16 of this chapter.
• B. Membership.
  • (1) The Industrial Performance Commission shall be appointed by the Town Council and shall consist of nine regular members and the Zoning Enforcement Officer who shall serve as an ex officio member. Each regular member shall be appointed for a term of three years respectively except that original appointments shall be made as follows: three members with a three-year term, three members with a two-year term and three members with a one-year term. If a vacancy occurs on the Commission, the Town Council shall appoint a new member for the remainder of the unexpired term.
  • (2) All members of the Commission shall be residents of the Town and no regular member shall be an elected official or an employee of the Town.
• C. Chairperson. A Chairperson shall be elected by the Industrial Performance Commission.
• D. Exemption of Commission members. No member of the Industrial Performance Commission shall pass on any matter in which such member has a business or personal interest.
• E. Meetings. The Industrial Performance Commission shall meet monthly and at such other times at the request of the Zoning Enforcement Officer or the Chairperson of the Commission.
• F. Quorum. Five participating members of the Industrial Performance Commission shall constitute a quorum. The concurring vote of three members shall be required to pass on any resolution or advisory opinion.
• G. Rules and procedure. The Industrial Performance Commission shall determine rules of procedure that are not inconsistent with the provisions of this chapter and existing state and local laws.

The following are banned uses within the boundaries of the Town:

• A. Any structure or facility created for the manufacturing or storage of industrial gas. See the Table of Use Regulations, Subsection L(3).

  Editor's Note: The Table of Use Regulations is included at the end of this chapter.

• B. Any commercial composting of any materials, including, but not limited to, leaves, brush, grass clippings, food scraps, meat, fish, dairy products, vegetables or fruit scraps, garden wastes and animal wastes shall be prohibited within the boundaries of the Town of Johnston. See the Table of Use Regulations, Subsection A(8).
• C. Any processing, recycling or dumping of construction/demolition wastes, debris on all/any property owned by Solid Waste Management Corporation in the Town of Johnston. Any materials, including, but not limited to, used asphalt, concrete, portland cement, tree stumps, wire, cable, pallets, railroad ties, tires, rocks, boulders, steel drums, industrial equipment.
• D. Incinerators, dumps or sanitary landfills, and solid waste transfer stations. See the Table of Use Regulations, Subsections E(14), (15) and (16), respectively.

In all districts the triangle formed by the front lot lines of lots intersecting at an angle of less than 135º and a line joining points on such a line 30 feet distant from their point of intersection, no building or structure may be erected and no vegetation may be maintained between the heights of two feet and 10 feet above the plane through their street grades.

At each end of a through lot there shall be a front yard of the depth required in this chapter for the district in which each street frontage is located.

• A. No individual sewage disposal system shall be located, designed, constructed, maintained, altered, or repaired except in accordance with R.I.G.L. Title 23, Chapter 19.5, as amended, and the Rules and Regulations Establishing Minimum Standards Relating to Location, Design, Construction, and Maintenance of Individual Sewage Disposal Systems, as amended, promulgated by the Rhode Island Department of Environmental Management (collectively, the "ISDS Law and Regulations").
• B. No facility designed to leach fluid wastes into the soil and no structure shall be located near any water body, stream, brook or river except in compliance with the ISDS Law and Regulations and the Wetlands Law and Regulations (referenced below), as evidenced by such certificates and approvals as may be required by such Laws and Regulations.

No freshwater wetland, as defined in R.I.G.L. § 2-1-20, as amended, and the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, as amended, promulgated by the Rhode Island State Department of Environmental Management (collectively, the "Wetlands Law and Regulations"), shall be altered, excavated, drained or filled nor shall any extraneous materials be placed in these wetlands or water flow diverted out of or any other change be made to the natural condition of any freshwater wetland without prior approval of the Rhode Island Department of Environmental Management, and the Johnston Town Council in accordance with the provisions of said Law and Regulations.

• A. The installation of a private swimming pool must comply with all applicable aspects of the State of Rhode Island One and Two Family Building Code (CABO Code), specifically, but not limited to Appendix D of the 1995 CABO Code.
• B. Additionally, a private swimming pool must:
  • (1) Be located not less than 10 feet from a property line;
  • (2) Have the pool filter located as far as possible from the adjoining property lines, with the location at least 20 feet from the adjoining property lines;
  • (3) Installation shall not be undertaken until building and electrical permits have been secured.

Mobile homes or trailers shall not be permitted to be used as dwellings except in authorized trailer parks.

[Added 5-13-2019 by Ord. No. 2019-8]

As defined by RIGL § 45-24-31(2), an accessory dwelling unit is permitted in residential zones in accordance with the following:

• A. The principal use of the property is a single-family dwelling unit.
• B. The property is owner-occupied.
• C. The unit includes separate cooking and sanitary facilities, with its own legal means of ingress and egress, and is a complete, separate dwelling unit.
• D. The unit is within the principal dwelling unit structure; attached to the principal dwelling unit structure and designed so that the appearance of the principal structure remains that of a one-family residence; or, within an accessory structure which was in existence prior to March 1, 2019, such as a garage or barn.
• E. Prior to receiving a building permit for the accessory dwelling unit, the owner must record on the land evidence records of the Town a lien stating that if the property ceases to be owner-occupied, the accessory dwelling unit will be removed.

The following departures from the yard regulations otherwise applicable are hereby authorized:

• A. Adjoining projecting buildings. Where a lot on one or both sides, having a main building which project beyond the established front yard line and has been so maintained since this chapter became effective, the front yard requirement on such lot may be the averages of said existing buildings or building. In no case shall this front yard requirement be less than 15 feet.
• B. Projections of ornamental features. Projections of cornices, window sills, and other ornamental features may extend up to one foot into a required yard area from the structure.
• C. Accessory structures. A permitted accessory structure may be placed in a rear yard area, but may be placed no closer than five feet to a lot line. No accessory structure so placed within a rear yard shall exceed 15 feet in height. Any structure which exceeds the height limitation will require a variance from the Zoning Board. No accessory structure shall exceed 150 square feet.
• D. Fences and walls. Fences and walls not exceeding 10 feet may be placed in any yard area in an "I" district. In any other district, fences and walls may be constructed in side and rear yards up to six feet in height. In front yards the maximum height of walls and fences shall be four feet subject to the vision requirement in § 340-19 of this article.
• E. Carports. A carport, where attached to the principal building, may be erected over a driveway in a side yard provided such structure is not over 24 feet in length and it is entirely open on three sides, except for necessary supporting columns and customary architectural features.
• F. Three-sided lot. In the event that a lot contains only three sides, the width of the lot shall be considered to be the distance between side lot lines, measured along an arc at the required front yard depth.
• G. Irregular lot. In the event the front yard of a lot abuts a curve, a cul-de-sac or a junction of two streets that form an interior angle approximating 90º, the width of the lot shall be considered to be the distance between the two side lot lines, measured at the required front yard depth.
• H. In any Residential or Planned Development District, for those lots fronting entirely on cul-de-sac turnarounds, street frontage may be reduced to not less than 75% of the required frontage for the zone in which the property is located, but not less than 60 feet for any such lot. Frontage shall be measured along the chord to the street line as drawn between the two side lot lines. Lot width shall be maintained in accordance with the dimensional regulations of this chapter. Lot width shall be measured between the two side lot lines at the required front yard depth.

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

• I. Corner lot. On a corner lot, both yards fronting on intersecting streets shall have the depth required in a front yard for the applicable district.
• J. Waiver of side yards. For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot:
  • (1) Duplex dwellings.
  • (2) Row or town houses.

[Added 2-12-1996 by Ord. No. 959]

• A. Any lighting fixture used to illuminate any building, structure, improvement, parking area, or parcel of land shall be so arranged as not to direct light onto any adjoining parcel or street.
• B. No lighting fixture shall be used unless reflectors and/or glass lenses are fitted to concentrate the illumination upon the desired area and shield adjacent parcels or streets from direct glare.
• C. Lights used to illuminate any swimming pool, other outdoor activity, or driveway or parking area in any residence district shall be so arranged and shaded as to reflect away from adjoining premises.
• D. This section shall become effective upon passage and all preexisting lighting fixtures shall come into compliance with this section by July 1,1996.

[Added 8-13-2024 by Ord. No. 2024-10]

Veterinary, animal shelter, boarding, daycare and grooming services for animals, when permitted in the Use Table, are subject to the conditions of this section and the Rules and Regulations Governing Animal Care Facilities as established by the RI Department of Environmental Management (250-RICR-40-05-4).

• A. Veterinary hospitals. A veterinary hospital is subject to the following conditions:
  • (1) The lot or parcel on which the veterinary hospital is to be located consists of at least 15,000 square feet.
  • (2) The veterinary hospital may include one accessory single-family residence, with no more than two bedrooms containing no more than 1,500 square feet of living area for the caretaker/employee family of the hospital only. The accessory residence shall be designed and constructed in such a way as to maintain the appearance of the use of the lot as a veterinary hospital.
  • (3) An application for a veterinary hospital use shall be considered a minor land development that must be reviewed by the Board.
  • (4) Plans must include the mitigation of impacts related to noise, solid waste disposal, handling and disposal of animal waste, facility lighting and sewer/septic disposal.
• B. Animal shelter and boarding, daycare and grooming services for cats and dogs. Animal shelter and boarding, daycare and grooming services are subject to the following requirements:
  • (1) Minimum dimensional requirements. All outdoor runs or exercise areas shall comply with all dimensional setback requirements applicable to the principal structure. Outdoor runs or exercise areas shall not be located in front of the building.
  • (2) An operations and maintenance plan describing all proposed activities, including but not limited to: staffing numbers and hours, number of animals, types of services provided, retail sales, animal residence times, hours of operation, waste management protocols, health and safety protocols, emergency protocols.
  • (3) Parking, drop-off and pick-up areas. The facility must provide one off-street parking space for each employee and three short-term parking spaces for customer drop-off and pick-up of animals.
  • (4) Waste storage and removal. All indoor solid waste shall be collected and stored in covered receptacles in areas that are not readily accessible by animals. Outdoor waste storage containers shall be fully enclosed and shall remain closed at all times except when opened to accept waste, shall be stored at least 20 feet from all property boundaries and shall be screened from view by an enclosure. All waste shall be removed from the site not less than two times each week.
  • (5) Retail sales. Facilities may engage in retail sales of pet products reasonably related to the services provided by the facility. Sales shall be limited to customers of the services provided by the facility. Retail sales of animal food shall be limited to food consumed on-site.
  • (6) An application must include:
    • (a) Copies of its RIDEM licensing application and approval.
    • (b) A site plan/floor plan showing:
      • [1] Front desk/reception area and staff break areas.
      • [2] Parking and vehicle circulation plan.
      • [3] All doors and windows (interior and exterior).
      • [4] Waste storage (interior and exterior).
      • [5] Medicine and food storage areas (including refrigeration).
      • [6] All indoor and outdoor animal holding areas, including: rooms, enclosures, communal areas, cages, runs, medical treatment and quarantine areas (labeled with use and dimensions)
    • (c) The reviewing authority may set reasonable hours of operation; a limit to the number of animals housed in the kennel; and hours for outdoor exercise for the kenneled animals.
• C. Breeding kennel. A breeding kennel is subject to the following conditions:
  • (1) The use must be located on a lot at least two acres in size.
  • (2) The use may have no more than four outside runs.
  • (3) Except for outside runs, the use shall be completely enclosed within a building and shall be no closer than 1,000 feet to any abutting residential property line.
  • (4) Fenced areas used by animals are prohibited in the front yard.
    • (a) All outside runs shall be enclosed by a solid fence or chain-link fence with arborvitae trees or similar evergreen trees that will block the use.
  • (5) An acceptable waste storage, management and removal program must be submitted for review and approval.
  • (6) An application for a breeding kennel shall be considered a minor land development that must be reviewed by the Planning Board. The Board may require the applicant to submit any other material deemed necessary to evaluate the proposal.
  • (7) In reviewing the application the Board must find that the use will not interfere or conflict with the peaceful enjoyment of neighboring residential uses.
  • (8) The Board may set reasonable hours of operation; a limit to the number of animals housed in the kennel; and hours for outdoor exercise for the kenneled animals.

• A. Scope. The provisions of this section shall apply to any construction or other development which lies wholly or partly within special flood hazard areas designated as Zones A, AE, AH, AO, or A99 within the Town of Johnston, Community No. 440018, on panels 44007C0283H, 44007C0284H, 44007C0292H, 44007C0301H, 44007C0303H, 44007C0304J, 44007C0311H, 44007C0312H, 44007CIND0D (Map Index) of the Providence County Flood Insurance Rate Map (FIRM) dated October 2, 2015, issued by FEMA for the administration of the National Flood Insurance Program and described in the Flood Insurance Study (FIS) report 44007CV001C, 44007CV002C, and 44007CV003C, revised October 2, 2015. The map, all subsequent amendments and revisions thereto, and the study are incorporated by reference. The FIRM and FIS are on file with the Town Engineer. The uses permitted and the dimensions and area requirements applicable to the respective zoning districts shall apply to special flood hazard areas, and the requirements set forth in this section shall be in addition to any requirements applicable in this chapter and in any other applicable regulation.

  [Amended 6-14-2011 by Ord. No. 2011-6; 11-9-2015 by Ord. No. 2015-16]

• B. Purpose. These regulations are designed to minimize hazards to persons and damage to property from inland and tidal flooding, to protect floodways from encroachment and to maintain the capacity of flood plains to retain and carry off flood waters. For the purpose of this section, "other development" shall be defined as any action which constitutes a use of land or structure, exclusive of actions which require the issuance of a building permit under the authority of the building code. Such development shall include, but shall not necessarily be limited to, the following:
  • (1) Earth, gravel, mineral removal or extraction.
  • (2) Alteration of the topography by cutting, filling or grading.
  • (3) The storage of bulk materials outside of a structure.
  • (4) Construction or placement of facilities not normally requiring a building permit such as fences, sheds, animal shelters, tanks, paved areas, retaining walls, drainage structures, and similar facilities.
• C. Regulations. In addition to applicable requirements of the building code, subdivision regulations and this chapter, when applicable the following requirements shall apply to any construction or other development when located wholly or partly within special flood hazard areas:
  • (1) Except where covered by a building permit issued by the Building Inspector under the authority of the building code, any proposed construction or other development shall require the issuance of a development permit by the Building Inspector.
  • (2) Prior to the issuance of a development permit the applicant shall submit evidence that all necessary permits and approvals from all government agencies from which approval is required by federal or state law as a precedent to construction or other development have been obtained.
  • (3) The applicant shall provide data showing the minimum and maximum elevation of the proposed site and shall provide the base flood elevation specified for the special flood hazard area. Such data shall be shown on permit application.
  • (4) No watercourse may be altered in manner which will, in the opinion of the Building Inspector, result in any decrease in the water carrying capacity of the watercourse and no land shall be graded or altered in such a manner as to increase base flood levels within the Town of Johnston during the occurrence of base flood discharge. Where any alteration is permitted the Building Inspector shall notify adjacent communities, the Rhode Island Statewide Planning Program and the Federal Insurance Administration.
  • (5) The filling of land if otherwise authorized may be permitted only under the following conditions:
    • (a) Said filling shall not encroach upon a watercourse as prescribed in Subsection C(4) above.
    • (b) Said filling shall not increase the potential flood level.
    • (c) Where it is determined that filling will raise the flood level, said filling shall be offset by the removal of an equivalent amount of material in the immediate vicinity of the area filled.
  • (6) Within the regulatory floodway no encroachment including fill, new construction, substantial improvements to an existing structure or other development shall be permitted that will result in any increase in base flood levels within the community during the occurrence of base flood discharge.
  • (7) Adequate drainage shall be provided for any construction or other development so as to reduce the exposure of the lot or site or any other land areas to flood hazards.
  • (8) No outdoor storage of bulk materials or equipment shall be permitted in special flood hazard areas which is likely to cause damage to property, obstruction to flood waters, create a potential fire hazard or pollute the waters during flood periods. Such material or equipment shall include but not be limited to: lumber and other floatable materials, water soluble materials, volatile or flammable materials, acids or poisons.
  • (9) Provision shall be made for anchoring facilities, equipment yard features which are capable of flotation or movement in flood waters. Such items shall include but not necessarily be limited to: fences, planters, sheds, animal shelters, tanks, storage boxes, vehicles, boats and other items normally positioned or stored on a lot or site outside of a structure.
  • (10) A nonconforming use shall not be enlarged or extended when located in special flood hazard area.

[Amended 4-8-1996 by Ord. No. 968; 7-14-1997 by Ord. No. 1001; 10-14-1997 by Ord. No. 1017; 5-24-1999 by Ord. No. 1082; 5-10-2010 by Ord. No. 2010-13]

• A. Planning Board review.
  • (1) No building permit shall be issued for any industrial use construction in any zone of the Town until a site plan review of the proposed construction has been conducted by the Planning Board. In addition, any industrial use which requires a special use permit, at the Zoning Board's option, may be subject to a site plan review by the Planning Board before a public hearing is held by the Zoning Board. It shall also be required for any enlargement in size of any industrial building or change in use of any industrial building, including accessory structures.
  • (2) Site plan review is not required for repairs or alterations to existing industrial buildings or structures, provided that such work does not increase the floor area of any industrial building or structure and does not change the actual use thereof.
  • (3) The Planning Board, by majority vote, may waive site plan review and approval requirements or any specific provision(s) thereof for any change of use, and construction of an addition or accessory building to any other principal building, provided that the use is subordinate and customarily incidental to the principal use and provided that:
    • (a) Sufficient documentation is submitted to the Planning Board by an applicant to enable the Planning Board to determine if a waiver is permissible;
    • (b) Such building does not exceed 25% of the existing building(s) or 1,500 square feet, whichever is less;
    • (c) Such building does not exceed one story;
    • (d) Such building conforms to all requirements of the district in which it is located or any other requirements of this chapter; and
    • (e) No site improvements are intended, required or will result from such building, including, but not limited to, the development of additional parking spaces.
  • (4) A building wholly or partially destroyed may be rebuilt pursuant to this section if rebuilt without change to the building footprint or the square foot use of usable space.
• B. Grounds for site plan review application denial. The Planning Board may reject an application for site plan review for any one of the following reasons:
  • (1) Noncompliance with this chapter;
  • (2) Incomplete application, including the application form, the accompanying site plan maps and supporting documentation, or the application fee as requested by the Planning Board; or
  • (3) Inability to impose reasonable conditions to mitigate adverse impacts in those areas in which guidelines for review have been established.
• C. Site plan submission requirements.
  • (1) Each applicant for site plan review and approval shall file with the Building Inspector the required application form and fee and four copies of a site plan prepared and stamped by a registered professional land surveyor and a registered professional engineer drawn at a suitable scale to show the following:
    • (a) Name and address of the applicant and the designer of the plan;
    • (b) Date, North arrow, and contours at two-foot intervals;
    • (c) Plat and lot number(s);
    • (d) Existing zoning classifications;
    • (e) Location of any existing buildings or structures on the site;
    • (f) Existing sewers, water lines and hydrants;
    • (g) Location, arrangement and dimensions of off-street loading spaces and parking;
    • (h) Location, height and materials of walls, fences, screen plantings and other landscaping features;
    • (i) Ground cover, finished grades, slopes, banks and ditches;
    • (j) Location, proposed use and general exterior dimensions of principal and accessory buildings and signs;
    • (k) Percentage of the area to be covered by buildings;
    • (l) Percentage of the area to be hard surfaced or paved;
    • (m) Such additional information as may be required to enable the Planning Board to determine compliance with § 340-27 of this article.
  • (2) At the Planning Board's request, the applicant shall file up to four additional copies of the site plan.
• D. Action on industrial site plans.
  • (1) Within 45 days of the Building Inspector's receipt of a site plan for industrial use, the Planning Board shall hold a public hearing. At least 14 days prior to the hearing, the Planning Board shall give written notice of the time and place of such hearing, by certified mail, to the applicant and to persons owning land abutting the site. The cost of all notifications shall be borne by the applicant. The Planning Board shall also publish, in a newspaper of general circulation in the Town of Johnston, a notice of said hearing, at least 14 days prior to the hearing.
  • (2) The Planning Board may, within five days of receipt of the site plan application, transmit copies of the application to other agencies and departments of the Town for review and comment if the Planning Board is of the opinion such review will assist in its deliberations. The Planning Board shall not make a finding and determination upon an application until it has received a report from an agency/department to which the application has been referred, or until 21 days shall have elapsed since the transmittal of said copies of the application and site plan to other agencies/departments without such report being submitted. Failure of an agency/department to report within the allotted time shall be interpreted as nonopposition to the site plan.
  • (3) The Planning Board shall review the site plan for compliance with all articles of this chapter. The Planning Board shall approve, subject to modifications, or disapprove the site plan within 30 days from the date the public hearing was closed, unless the Planning Board and the applicant mutually agree to an extension of time. The decision of the Planning Board shall be transmitted to the applicant and the Building Inspector, and shall consist of either:
    • (a) A written finding that the development will be consistent with the guidelines for review set forth below in this section; or
    • (b) A written denial of the application stating the reasons for such denial, and which shall include a statement of the respect in which any elements in the particular features of the proposal are deemed to be inconsistent with the guidelines for review set forth below in this section; or
    • (c) A written finding and determination, subject to such reasonable mitigating conditions, modifications and restrictions set forth therein as the Planning Board may deem necessary to ensure that the proposed development achieves consistency with the guidelines for review established in this section.
• E. Guidelines for review.
  • (1) Site plan approval is designed to provide a balance between landowner's rights to use his land with the corresponding rights of abutters and neighboring landowners to live or operate businesses without undue disturbance (e.g., noise, congestions, smoke, dust, odor, glare, stormwater runoff, etc.). Additional objectives include the preservation of the natural resources of the Town; and the creation of a better and safer living environment.
  • (2) The Planning Board shall review site plans and shall issue site plan approval, including appropriate revisions and mitigating conditions, if the Planning Board determines, and makes a written finding, that the industrial performance standards of Article IV of this chapter and each of the following standards can be achieved:
    • (a) Johnston's natural resources shall be preserved to the maximum extent possible.
    • (b) Erosion and sedimentation shall be controlled during and after construction and shall not adversely affect adjacent or neighboring property or public facilities or services.
    • (c) Increased runoff due to the development on the site shall not be injurious to any downstream property owner or cause hazardous conditions on adjoining streets.
    • (d) Direct discharge of untreated stormwater runoff to a wetland or watercourse from impervious surfaces, including, but not limited to, roadways, parking lots, driveways, basements, and roofs shall not be allowed.
    • (e) The proposed development shall not result in pollution of ground or surface waters, other than that anticipated under normal development practices with adequate mitigating measures to prevent significant impacts.
    • (f) The movement of vehicular and pedestrian traffic within the site in relation to access streets shall be safe and convenient, and adequate provision shall be made for snow removal.
    • (g) Vehicular entrances and exits shall not be located within 75 feet of any street intersection.
    • (h) Traffic generated by the development shall not create significant congestion on the adjoining and nearby street system.
    • (i) Adequate off-street parking and loading shall be provided to prevent on-street traffic congestion.
    • (j) No development shall be allowed where there is unrestricted access to the public streets or where the public street must be utilized to maneuver in and out of a parking space.
    • (k) Buildings and the grounds adjoining them shall permit easy access and operation of fire, police and other emergency vehicles.
    • (l) Sensitive environmental land features such as steep slopes, wetlands and large outcroppings shall be preserved and protected.
    • (m) Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided.
      • [1] Where a business abuts a residential district, a landscape buffer of five feet in width shall be provided along the abutting side or rear lot lines.
      • [2] B-2 zones. Between a B-2 zone and any R zone, there shall be created and maintained a buffer zone with a minimum dimension of 50 feet. This buffer zone shall consist of vegetation, fencing, or other manner of buffering designed to shield the neighboring R zone from direct view and to diffuse sound generated to a B-2 site.
      • [3] No structure shall be built within the buffer zone. No parking shall be permitted within the buffer zone. Topography may be changed to accomplish the intent of the buffer zone requirements. The buffer zone may contain a playground, walking path, or similar recreational or educational provision which will serve as an accessory to the principal use of the site. Any such intended use shall require the approval of the Zoning Board.
    • (n) Glare from the installation of outdoor lights and signs and from the movement of vehicles on the site shall be shielded from the view of adjacent properties in a residential zone.
    • (o) Abutting properties and Town amenities shall not be degraded by undue disturbances caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, and odors.
    • (p) Special buffer and screening requirements for I-L Districts:
      • [1] Where possible, the maximum amount of natural vegetation on the site shall be retained. Clear cutting in excess of that required for site development is prohibited.
      • [2] Outdoor storage of equipment and material shall be screened as to prevent vision of such equipment from any public road or adjacent property. There shall be no outdoor storage of equipment or materials between any building and any public road.
      • [3] Screening shall consist of existing natural vegetation on the site or an opaque hedge or fence at least six feet in height.
      • [4] The location of all screen planting and fencing shall be determined by the site plan review provisions of this section.
    • (q) Manufacturing, storing, processing, or packaging of cement, asphalt, bituminous asphalt, lime, chalk, or other similar products.
      • [1] These land uses are not allowed in or within 1,500 feet of residential districts R-40, R-20, R-15, R-10, or R-7, nor in or within 1,000 feet of business zones B-1 or B-2. They are allowed by special use permit in industrial zones I, I-L, I-S. Prior to a special use permit being issued, the use must be reviewed by the Planning Board, and must adhere to all applicable portions of Article IV and Article V.
      • [2] A proposed plant of this type which is claimed to be temporary, portable, or otherwise nonpermanent shall not be allowed to operate in a B-1 or B-2 zone. A proposed plant of this type which is claimed to be temporary, portable, or otherwise nonpermanent shall be allowed in an I, I-L, and I-S zone, though not within 1,500 feet of an R zone, for a fixed period of time, for use on and accessory only to, a construction project being undertaken in that area. Such plants must be located on the site of the construction, or within a distance therefrom acceptable to the Planning Board. If such a plant is located off of the construction site, there must be presented to the Planning Board sufficient reason and cause for such placement, and the location of said plant shall conform to all aspects of this subsection, including all distance restrictions.
      • [3] A time limit for use of the plant, including erection and dismantling, must be set and agreed to by the Zoning Board and the applicant. The applicant must present a reclamation plan for the proposed site to the Planning Board for acceptance. The applicant must post a bond of sufficient value to assure the dismantling and removal of the plant, and the reclamation of the site.
• F. Subsequent to the approval of the site plan by the Planning Board, the applicant may apply to the Building Inspector for a building permit.
  • (1) A copy of the approved site plan endorsed by the Planning Board shall be transmitted to the Building Inspector, and said approved site plan shall be part of the building permit record. Any construction, reconstruction, substantial exterior alteration, or addition shall be carried out in conformity with any mitigating conditions, modifications and restrictions, subject to which the Planning Board shall have made its findings and determination and only in conformity with the application and site plan on the basis of which the findings and determinations are made. The Building Inspector shall enforce the fulfillment of any conditions which the Planning Board may impose.
  • (2) Minor changes to the approved site plan may be submitted to the Building Inspector for approval. All requests for minor changes shall, within one day of receipt, be referred to the Planning Board. The Planning Board, at its next regular or special meeting, shall evaluate the proposed changes against its previous findings under this section to determine if such changes are major or minor and shall advise the Building Inspector of its decision within two days of the meeting. If the change is minor, the Building Inspector is authorized to approve the change. If the change is considered to be major, resubmission of an application for site plan review and approval will be required.
  • (3) Any building, reconstruction or expansion not approved by the Building Inspector or the Planning Board shall be ordered halted and fully removed.
• G. The approval of a site plan application, or a modification or amendment thereof, shall remain effective for a period of one year only from the date of such approval (either directly or by inaction) unless prior to the expiration of such one-year period, the applicant makes substantial efforts to build in accordance with the approved site plan, or unless, upon a written request from the applicant, the Planning Board votes to extend the time period for a period not to exceed one additional year.
• H. Performance bond.
  • (1) The Planning Board shall require a bond in sufficient amount to cover the cost of all improvements in the approved site plan. The bonding period shall be established by the Planning Board and in no case shall this period exceed two years. An extension not to exceed one year may be granted if, pursuant to the applicable provisions of this section, the Planning Board grants a site plan approval extension.
  • (2) The form of the bond to guarantee the construction of the required site improvements of this section shall be acceptable to the Johnston Finance Director.
  • (3) The Planning Board shall inspect the site to ensure the requirements of the approved site plan have been followed and that required landscaping and other construction improvements have been completed or are in the process of being completed.
  • (4) Subsequent to this inspection and determination by the Planning Board that the requirements of the approved site plan have been followed, the Planning Board shall notify the Building Inspector of substantial site plan compliance and recommend the issuance of a certificate of occupancy for the premises.
• I. Action on referrals from Zoning Board for special use permits for industrial uses. When in accordance with § 340-77 of this chapter, the Zoning Board refers an application for a special use permit for an industrial use to the Planning Board for review and comments, the Planning Board's written report to the Zoning Board shall include, but not be limited to, all of the findings and determinations the Planning Board would make in reviewing a site plan under this section to the extent they are applicable to the information contained in the application for a special use permit.
• J. Appeals. Persons aggrieved by a site plan review and approval decision may appeal to the Zoning Board pursuant to Article XVIII of this chapter.

[Added 11-10-2003 by Ord. No. 2003-15; amended 7-13-2020 by Ord. No. 2019-23; 2-12-2024 by Ord. No. 2023-17]

The provisions of this section shall pertain to properties under single ownership on a single or contiguous lot or lots with an overall size of one acre or more.

• A. Planning Board.
  • (1) No building permit shall be issued for any commercial and/or business use construction in any zone of the Town until a site plan review of the proposed construction has been conducted by the Planning Board. Site plan review shall also be required for an enlargement in size of any commercial and/or business building or change in use of any commercial and/or business building, including accessory structures. which is located on a parcel of land of one acre or more.
  • (2) Any commercial and/or business use which requires a special use permit and/or a variance shall be subject to a unified development review as a land development project by the Planning Board.
  • (3) Site plan review is not required for repairs or alterations to existing commercial and/or business buildings or structures, provided that such work does not increase the floor area of any commercial and/or business building or structure and does not change the actual use thereof.
  • (4) The Planning Board, by majority vote or through its Administrative Officer, may waive site plan review and approval requirements or any specific provision(s) thereof for any change of use, and construction of an addition or accessory building to any other principal building, provided that the use is subordinate and customarily incidental to the principal use and provided that:
    • (a) Sufficient documentation is submitted to the Planning Board by an applicant to enable the Planning Board to determine if a waiver is permissible;
    • (b) Such building does not exceed 25% of the existing building(s) or 1,500 square feet, whichever is less;
    • (c) Such building does not exceed one story;
    • (d) Such building conforms to all requirements of the district in which it is located or any other requirements of this chapter; and
    • (e) No site improvements are intended, required or will result from such building, including, but not limited to, the development of additional parking spaces.
  • (5) A building wholly or partially destroyed may be rebuilt pursuant to this section if rebuilt without change to the building footprint or the square foot use of usable space.
• B. Grounds for site plan review application denial. The Planning Board may reject an application for site plan review for any one of the following reasons:
  • (1) Noncompliance with this chapter;
  • (2) Incomplete application, including the application form, the accompanying site plan maps and supporting documentation, or the application fee as requested by the Planning Board; or
  • (3) Inability to impose reasonable conditions to mitigate adverse impacts in those areas in which Guidelines for Review have been established.
• C. Site plan submission requirement.
  • (1) Each applicant for site plan review and approval shall file with the Building Official the required application form with all the required signatures, including all owners of record plus the signatures of all applicants and the payment of the required fees.
  • (2) Fifteen copies of a site plan plus 15 eleven-inch-by-seventeen-inch reductions of all plans prepared and stamped by the appropriate licensed professional drawn to show the following:
    • (a) Project title and purpose.
    • (b) Location map with project site clearly delineated at a graphic scale sized approximately one inch equals 1,000 feet.
    • (c) Scale and graphic scale to appear on all pages in plan set.
    • (d) Assessor plat and lot numbers and street address location of project development site.
    • (e) Size of each parcel in the project and total acreage of project site.
    • (f) Name, address, and zip code of all existing property owners of project site by assessor plat and lot number.
    • (g) Name, address, and zip code of the applicant.
    • (h) Street index note block shall be placed left of title block in lower right-hand corner. Said notation shall read, "This Plan is to be indexed under the following streets:" and the names of all pertinent streets on the plan shall be identified.
    • (i) Identification of size of area to be disturbed by project development, size of area already developed, and size of any area which will be enlarged or be added to as the result of modifications to the site.
    • (j) Identification on plan of all abutting tax plats and lots and their corresponding property owners as contained on the latest municipal tax rolls.
    • (k) Name, address, zip code, telephone number, fax number, e-mail address, and original professional stamp, original signature, and certification (as appropriate) of the designer responsible for preparing the proposed plan and design.
    • (l) Name, address, zip code, telephone number, fax number, e-mail address, and original professional stamp/original signature of the professional engineer responsible for preparing the proposed plan and design.
    • (m) Name, address, zip code, telephone number, fax number, e-mail address, original professional stamp/original signature and Class I Certification of the registered land surveyor responsible for preparing the proposed plan and design.
    • (n) Date of original plan, date(s) of all revisions to plan.
    • (o) North arrow (if magnetic north, date required).
    • (p) Existing zoning classification(s) of all property(ies) included in the project proposal and dimensional requirements for all included zoning districts.
    • (q) Location of any existing and proposed buildings or structures on the site and the distance of each from property boundary lines. If there are no existing structures on the property, a notation shall be made to that effect on the plan.
    • (r) Identification of existing and proposed use, occupancy, and general exterior dimensions of all existing and proposed principal and accessory buildings.
    • (s) Delineation of required setback areas for each parcel included in the project proposal.
    • (t) Location, size, composition, height, and purpose of all existing and proposed signs. If there are no existing or proposed signs for the property, a notation shall be made to that effect on the plan.
    • (u) Delineation of proposed outdoor lighting and impacted lighted area. If there is no existing or proposed outdoor lighting for the property, a notation shall be made to that effect on the plan.
    • (v) Identification of size and percentage of each of the following areas: area to be covered by buildings and other impervious surfaces; areas to be hard surfaced or paved. Location and labeling of all impervious surfaces and the nature of the impervious surface.
    • (w) Surveyed location of existing and proposed boundary lines; easements; metes and bounds; rights-of-way, both public and private; driveways and other circulation areas of the property and project; including all dimensions and angles. Identification of purpose and a label for each easement and right-of-way shown on the design plans. The Planning Board may require profiles to be prepared for all rights-of-way, driveways, and other circulation areas of the property and project. If there are no existing easements or rights-of-way on the property, a notation shall be made to that effect on the plan.
    • (x) Location, widths, and names of all existing and proposed streets abutting the site and within 200 feet of the perimeter of the site; pavement width as well as R-O-W widths shall be identified. The curbline shall be identified, if applicable.
    • (y) Location of existing and proposed monuments. The quantity of proposed monuments to be installed for the project development site will be determined by the Planning Board.
    • (z) Surveyed location of any historic areas, cemeteries, foundations, unusual natural features; natural rock outcroppings; if there are no existing historic areas and the like on the property, a notation shall be made to that effect on the plan.
    • (aa) Delineation of actual distance from closest residential properties; if no residential properties exist within 200 feet of property, plan shall identify the distances of the project to the closest residential properties;
    • (bb) Location of percolation test holes and/or groundwater determination test holes, if applicable.
    • (cc) Surveyed location and sizes of existing and proposed sewer lines and mains, water lines and mains, culverts, leach fields, septic systems, and other underground structures integral and within 200 feet of site.
    • (dd) Location of all existing and proposed parking areas, driveways, loading spaces and areas, stacking areas, and property access areas; location, arrangement, and dimensions of existing and proposed off-street parking spaces and required handicapped spaces; location of existing and proposed sidewalks, pedestrian traffic areas, curbing/curblines. Surface area material composition shall be identified.
    • (ee) Location, height, and materials of existing and proposed walls, fences, screen plantings, and other landscaping features and ground cover. Delineation of landscape buffers and materials between unrelated uses shall also be shown. Landscaping shall conform at a minimum to the landscaping provisions required in this chapter. A specification shall be provided covering the planting and maintenance for a period of two years for all street trees, site plantings, buffer vegetation, ground cover, etc.;
    • (ff) Location of freshwater wetlands, lakes, ponds, watercourses, proposed and/or existing detention/retention ponds and basins and drainage structures, and required buffer areas, and labeling of exact designation of each; location of floodplains and floodways and required buffer areas. If none of the areas exist on the property, a notation shall be made to that effect on the plan.
    • (gg) Delineation and designation of soils on the site as defined by USDA Soils Conservation Service shall be approximately located on the plan.
    • (hh) Surveyed topography of existing and proposed property contours and grades at two-foot intervals, including proposed finished grades, slopes, banks, and ditches, shall be shown on the plan; identification of average slope of property(ies) before and after development.
    • (ii) Location of proposed temporary and permanent soil erosion and sediment control measures shall be shown on plan with construction details provided for same.
    • (jj) Location of and proposed details for detention basins and other drainage structures, including but not limited to wall and floor elevations, capacity, fencing, plantings, shall be provided on plan.
    • (kk) Any additional information deemed necessary by the Planning Board.
  • (3) Additional documentation, 15 copies of each document to be provided:
    • (a) Drainage plan and calculations for project development. Drainage plan, calculations, and narrative report for the development and the areas downstream of development and an engineering analysis of the drainage system as existing and proposed.
    • (b) Building elevations for all structures, both principal and accessory; all views and the footprint of each structure shall be provided.
    • (c) Timetable for construction shall be identified.
    • (d) List of all property owners, their addresses, and zip codes, assessor plat and lot number, within 200 feet of the perimeter of property; if fewer than eight different property owners are located within the two-hundred-foot radius, the list shall be extended to five-hundred-foot radius of property. Abutting properties owned by the applicant and existing project property owners shall not be incorporated in determining whether the eight property owners criteria has been met
    • (e) Composite radius map depicting at least all tax plats and lots of properties within a two-hundred-foot radius of property (five-hundred-foot radius map required if eight or less owners are located within 200 feet of the property perimeter). Abutting properties owned by the applicant and existing project property owners shall not be incorporated in determining whether the eight property owners criteria has been met.
    • (f) RIDEM-approved Soil Suitability Report and/or approved ISDS design(s), as applicable, shall be submitted.
    • (g) Wetlands applicability determination from Rhode Island Department of Environmental Management, Freshwater Wetlands Division (RIDEM), if applicable. If the proposed project development requires a submission to RIDEM, approval of the project proposal shall be withheld until the approved RIDEM plan has been received and the project disturbance areas are found to be in conformance with said RIDEM approval.
    • (h) Traffic study, stamped and signed by the certified Traffic Engineer who prepared the study.
    • (i) Rhode Island Department of Transportation physical alteration permit approval for access to state roads and/or highways, if applicable.
    • (j) Approvals from all utilities relative to capacity available and capability to connect to utility, as applicable (sewer, water, etc.) shall be submitted.
    • (k) Engineering analysis of water system to establish that there will be no decrease in water pressure or supply to surrounding property owners and that there will be an adequate water supply and pressure to each new house in accordance with building code and NFPA requirements.
    • (l) Letter from appropriate water district stating availability of water for connection and sufficient capacity for the intended use of the proposed development (such as residential, business, industrial, commercial) and certification relative to the amount of water flow/pressure as designed by the applicant. Water pressure shall be sufficient enough to comply with NFPA fire safety standards, if applicable.
    • (m) Letter from appropriate sewer district stating availability for connection and sufficient capacity for public sewers, if applicable.
    • (n) Any approvals required from any other jurisdiction, such as Rhode Island Department of Transportation (RIDOT), Rhode Island Department of Environmental Management (RIDEM), Narragansett Bay Commission (NBC), Providence Water Supply Board (PWSB), and the like.
    • (o) Fire Department approval of location of proposed fire hydrants, holding cisterns, dry piping, circulation and/or cul-de-sac design acceptability, etc., if applicable.
    • (p) Proposed easements and quit-claim deeds for streets and other rights-of-way and restrictions and covenants which shall be filed with the development at the time of recording.
    • (q) Proposal for perpetual care of any cemeteries on the site.
    • (r) Proposed schedule or timetable for completion of the proposed infrastructure and road improvements, construction of site improvements, structures, and any other proposed development of the property.
    • (s) Letter of approval of proposed street names, public and/or private, from the Fire Department and the Planning Department.
    • (t) Letter of approval of street and traffic control sign locations from the Police Department and Public Works Director.
    • (u) Performance bond proposal. This chapter requires a performance bond in an amount sufficient to cover the cost of all improvements in the approved site plan. Applicant shall propose form of performance bond to be offered. Approval of the amount and form of the bond shall be approved by the Planning Board.
    • (v) Tax Collector's certificate for payment of taxes for last five years.
    • (w) Such additional information as may be determined to be required to enable the Planning Board to determine compliance with this chapter.
• D. Action on commercial and/or business site plans.
  • (1) Within 10 days of the Building Official's receipt of a site plan and required materials for commercial and/or business use, said documents shall be referred to the Planning Board for review. Within 21 days of receipt of these materials the Planning Board Administrative Officer shall determine if the submitted materials are complete in accordance with the provisions of this section. If a submittal is determined to be incomplete, the resubmission of said materials shall begin a new review period timeframe. A determination of completeness shall be made by the Administrative Officer before a public hearing shall be scheduled for the Planning Board's next regular or special meeting which complies with the adherence to the required notices as provided in this subsection.
  • (2) At least 14 days prior to the hearing, the Planning Board shall send written notice of the time and place of such hearing, by certified mail, to the applicant and to all persons owning land in accordance with the notice requirements for a variance as identified in this chapter. The Planning Board shall also publish, in a newspaper of general circulation in the Town of Johnston, a notice of said hearing, at least 14 days prior to the hearing. The cost of all notifications, printing, mailing, and adverting shall be borne by the applicant.
  • (3) The Planning Board may, within five days of receipt of the site plan application, transmit copies of the application to other agencies and departments of the Town for review and comment if the Planning Board is of the opinion such review will assist in its deliberations. The Planning Board shall not make a finding and determination upon an application until it has received a report from an agency/department to which the application has been referred, or until 21 days shall have elapsed since the transmittal of said copies of the application and site plan to other agencies/departments without such report being submitted. Failure of an agency/department to report within the allotted time shall be interpreted as nonopposition to the site plan.
  • (4) The Planning Board shall review the site plan for compliance with all articles of this chapter. An owner and/or applicant may request the Planning Board to waive any of the requirements referenced in this section. Waivers to this section may be granted by the Planning Board after due review and only under undue hardship pursuant to the relatively small size of the project as proposed or under extenuating circumstances, providing such waiver or waivers do not conflict with the intent of this chapter, the Land Development and Subdivision Review Regulations, or the Comprehensive Plan. The Planning Board shall approve, subject to modifications, or disapprove the site plan within 45 days from the date the public hearing was closed, unless the Planning Board and the applicant mutually agree to an extension of time. The decision of the Planning Board shall be transmitted to the applicant and the Building Official, and shall consist of either:
    • (a) A written finding that the development will be consistent with the Guidelines for Review set forth below in this section; or
    • (b) A written denial of the application stating the reasons for such denial, and which shall include a statement of the respect in which any elements in the particular features of the proposal are deemed to be inconsistent with the Guidelines for Review set forth below in this section; or
    • (c) A written finding and determination, subject to such reasonable mitigating conditions, modifications and restrictions set forth therein as the Planning Board may deem necessary to ensure that the proposed development achieves consistency with the Guidelines for Review established in this section.

    Editor's Note: See the current Subdivision Regulations on file in the Town offices.

• E. Guidelines for review.
  • (1) Site plan approval is designed to provide a balance between a landowner's rights to use his land with the corresponding rights of abutters and neighboring landowners to live or operate businesses without undue disturbance (e.g., noise, congestions, smoke, dust, odor, glare, stormwater runoff, etc.). Additional objectives include the preservation of the natural resources of the Town and the creation of a better and safer living environment.
  • (2) The Planning Board shall review site plans and shall issue site plan approval, including appropriate revisions and mitigating conditions, if the Planning Board determines, and makes a written finding, that the provisions of this chapter and the Johnston Land Development and Subdivision Review Regulations and each of the following standards can be achieved:
    • (a) Johnston's natural resources shall be preserved to the maximum extent possible.
    • (b) Erosion and sedimentation shall be controlled during and after construction and shall not adversely affect adjacent or neighboring property or public facilities or services.
    • (c) Increased runoff due to the development on the site shall not be injurious to any downstream property owner or cause hazardous conditions on adjoining streets.
    • (d) Direct discharge of untreated stormwater runoff to a wetland or watercourse from impervious surfaces, including, but not limited to, roadways, parking lots, driveways, basements, and roofs shall not be allowed.
    • (e) The proposed development shall not result in pollution of ground or surface waters, other than that anticipated under normal development practices with adequate mitigating measures to prevent significant impacts.
    • (f) The movement of vehicular and pedestrian traffic within the site in relation to access streets shall be safe and convenient and adequate provision shall be made for snow removal.
    • (g) Vehicular entrances and exits shall not be located within 75 feet of any street intersection.
    • (h) Traffic generated by the development shall not create significant congestion on the adjoining and nearby street system.
    • (i) Adequate off-street parking and loading shall be provided to prevent on-street traffic congestion.
    • (j) No development shall be allowed where there is unrestricted access to the public streets or where the public street must be utilized to maneuver in and out of a parking space.
    • (k) Buildings and the grounds adjoining them shall permit easy access and operation of fire, police and other emergency vehicles.
    • (l) Sensitive environmental land features such as steep slopes, wetlands and large outcroppings shall be preserved and protected.
    • (m) Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided. Where a business abuts a residential district, a landscape buffer of 10 feet in width shall be provided along the abutting side and rear lot lines.
    • (n) Glare from the installation of outdoor lights and signs and from the movement of vehicles on the site shall be shielded from the view of adjacent properties in a residential zone.
    • (o) Abutting properties and Town amenities shall not be degraded by undue disturbances caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, and odors.
    • (p) Special buffer and screening requirements.
      • [1] Where possible, the maximum amount of natural vegetation on the site shall be retained. Clear cutting in excess of that required for site development is prohibited.
      • [2] Outdoor storage of equipment and material shall be screened as to prevent vision of such equipment from any public road or adjacent property. There shall be no outdoor storage of equipment or materials between any building and any public road.
      • [3] Screening shall consist of existing natural vegetation on the site or an opaque hedge or fence at least six feet in height and shall be approved by the Planning Board.
      • [4] The location of all screen planting and fencing shall be determined by the site plan review provisions of this section.

    Editor's Note: See the current Subdivision Regulations on file in the Town offices.

• F. Subsequent to the approval of the site plan by the Planning Board, the applicant may apply to the Building Official for a building permit. A copy of the approved site plan endorsed by the Planning Board shall be transmitted to the Building Official and said approved site plan shall be part of the building permit record. Any construction, reconstruction, substantial exterior alteration, or addition shall be carried out in conformity with any mitigating conditions, modifications and restrictions, subject to which the Planning Board shall have made its findings and determination and only in conformity with the application and site plan on the basis of which the findings and determinations are made. The Building Official shall enforce the fulfillment of any conditions which the Planning Board may impose.
  • (1) Minor changes to the approved site plan may be submitted to the Building Official for approval. All requests for minor changes shall, within one day of receipt, be referred to the Planning Board's Administrative Officer. The Administrative Officer shall evaluate the proposed changes against the Planning Board's previous findings under this section to determine if such changes are major or minor and shall advise the Building Official within two weeks of the referral. If the change is minor, the Building Official is authorized to approve the change. If the change is considered to be major, resubmission of an application to the Planning Board for site plan review and approval will be required.
  • (2) Any building, reconstruction or expansion not approved by the Building Inspector, the Planning Board, or the Planning Board Administrative Officer, as applicable, shall be ordered halted and fully removed.
• G. The approval of a site plan application, or a modification or amendment thereof, shall remain effective for a period of one year only from the date of such approval (either directly or by inaction) unless, prior to the expiration of such one-year period, the applicant makes substantial efforts to build in accordance with the approved site plan, or unless, upon a written request from the applicant, the Planning Board votes to extend the time period for a period not to exceed one additional year.
• H. Performance bond.
  • (1) The Planning Board shall require a bond in sufficient amount to cover the cost of all improvements in the approved site plan. The bonding period shall be established by the Planning Board, and in no case shall this period exceed two years. An extension not to exceed one year may be granted if, pursuant to the applicable provisions of this section, the Planning Board grants a site plan approval extension.
  • (2) The form of the bond to guarantee the construction of the required site improvements of this section shall be acceptable to the Town.
  • (3) The Planning Board shall inspect the site to ensure the requirements of the approved site plan have been followed and that required landscaping and other construction improvements have been completed or are in the process of being completed.
  • (4) Subsequent to this inspection and determination by the Planning Board that the requirements of the approved site plan have been followed, the Planning Board shall notify the Building Official of substantial site plan compliance and recommend the issuance of a certificate of occupancy for the premises.
• I. Action on referrals from Zoning Board for special use permits for commercial and/or business uses. When, in accordance with § 340-77 of this chapter, the Zoning Board refers an application for a special use permit for an commercial and/or business use to the Planning Board for review and comments, the Planning Board's written report to the Zoning Board shall include, but not be limited to, all of the findings and determinations the Planning Board would make in reviewing a site plan under this section to the extent they are applicable to the information contained in the application for a special use permit.
• J. Appeals. Persons aggrieved by a site plan review and approval decision may appeal to the Zoning Board pursuant to Article XVIII of this chapter.
• K. Design guidelines for B-1 and B-2 Zones. The intent of these regulations is to encourage development of village center development and to discourage strip store development. Buildings are to be arranged in such a manner so that small scale commercial buildings are located along the street frontage with multiple tenants with parking located to the side and rear of the development. Large scale commercial buildings with one or more tenants shall be set back from the street.
  • (1) Definitions:

    LARGE SCALE COMMERCIAL BUILDINGS — Are buildings larger than 10,000 square feet where one unit may occupy the full building.

    SMALL SCALE COMMERCIAL BUILDINGS — Are buildings no larger than 10,000 gross square feet on the ground floor with no fewer than four units.

  • (2) Uses.
    • (a) Permitted. In addition to the uses permitted by right or special use permit as detailed in § 340-8, Table of Use Regulations, multifamily housing may be permitted by special use permit on the second or third floor, provided that:
      • [1] No more than 12 units are proposed per floor;
      • [2] Parking for residential uses are separated from parking for the retail uses; and
      • [3] Units may not have more than two bedrooms.
    • (b) Use limitations. Where outdoor storage is granted by special use permit in a B-2 zone, such storage must be located to the rear of the lot and screened so as to not be viewable from the street.
  • (3) Dimensional requirements. In order to have flexibility in the design of commercial space, small scale commercial buildings may be designed with a ten-foot front yard setback, subject to Planning Board approval. Large scale commercial buildings front yard setback shall be 150 feet minimum. Where a lot fronts on multiple roads, this requirement applies to all roads.
  • (4) Site access. The intent is to limit the number of curb cuts onto the existing public rights-of-way to strategically placed locations. The location(s) shall be designed to effectively allow for the efficient and safe movement of vehicular traffic in and out of the site.

[Added 11-10-2003 by Ord. No. 2003-15]

• A. Purpose and objectives. The purpose of this section is to promote and protect public health, safety, general welfare, and amenity. Effective site planning, development design, and landscaping can accomplish the following objectives:
  • (1) Promote the most desirable use of land and arrangement of development in the Town and preserve the value of land and buildings, thereby protecting the Town's tax revenues;
  • (2) Improve the physical environment through the provision of amenities such as open space; street trees, and live vegetation;
  • (3) Preserve the character and scale of existing development and control new development in conformity with the existing character of the area;
  • (4) Provide a transition between and a reduction in the environmental, aesthetic, and other impacts of one type of land use upon another, specifically when commercial/industrial developments abut or are near residential areas;
  • (5) Promote safe and efficient pedestrian and traffic circulation patterns;
  • (6) Lessen the transmission of noise, dust, pollution and glare from one lot to another;
  • (7) Improve air quality through production of oxygen and reduction of dangerous carbon monoxide;
  • (8) Through shading, provide cooling of air and land to offset radiational heating;
  • (9) Minimize the negative impacts of stormwater runoff to enhance and protect surface and groundwater quality, and promote effective flood control and management;
  • (10) Control damaging impacts of sheet runoff and resultant surface water contamination;
  • (11) Through vegetative root systems, stabilize groundwater tables and play an important and effective part in soil conservation, erosion control, flood control, and absorption of pollutants.
• B. Landscaping standards.
  • (1) General requirements.
    • (a) Landscaping shall be provided as part of site plan design for all industrial, commercial, business, planned development, and multifamily zones and uses. It shall be conceived in a total pattern throughout the site, integrating various elements of site design, preserving and enhancing the particular identity of the site where appropriate. Landscaping shall constitute a minimum of 15% of the entire site.
    • (b) The Planning Board shall review and approve landscape designs and plans for all properties where one acre or more will be disturbed.
    • (c) The Town Planner, Town Engineer, and Building Official shall comprise a Landscape Review Committee. The Committee shall review all landscape designs and plans for properties less than one acre, shall review, comment, and forward recommendations to the Planning Board for all projects one acre or over, and shall supervise the installation of all landscape designs and improvements approved by the Planning Board or the Landscape Review Committee.
    • (d) Should the Landscape Review Committee determine that a site needs Planning Board review due to the specific situation of the development project or if the project and/or its impact(s) is integral to the development of an abutting or nearby project development and/or site, the project will be forwarded to the Board for review and recommendation, or review and approval, as necessary.
    • (e) Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, and annuals, and other materials such as rocks, water, sculpture, art walls, fences, and street furniture. The square footage of surface area on walls, fences, and street furniture, however, shall not contribute in any manner to and shall not be included in the calculation and determination for meeting the minimum landscape requirements.
    • (f) Soil erosion plan. A soil erosion plan for construction and installation of temporary and permanent soil erosion and sediment control measures shall be prepared by an appropriate certified professional, submitted to the Building Department for determination of applicability, and reviewed/approved by the Building Official before any land disturbance occurs. Said plan shall be in conformance with any and all landscape plans approved pursuant to the provisions of this section.
  • (2) Site protection and general planting requirements.
    • (a) Topsoil preservation. Topsoil moved during the course of construction shall be retained and redistributed within the site in accordance with the approved landscape plan.
    • (b) Site disturbance. To the maximum extent practicable, the developer shall minimize the areas of the site to be regraded or disturbed. All disturbed areas of the development site shall be immediately stabilized by seeding or planting landscaping materials.
    • (c) Removal of debris. All organic material, rubbish, deleterious materials or debris shall be removed from the site in a timely fashion. Disposal of cleared or grubbed and stripped materials shall be the responsibility of the developer. All roots, stumps, brush, foliage and other vegetation shall be removed and disposed of by the developer off the project site. This requirement may be modified by the Planning Board or the Landscape Review Committee, at the Planning Board's direction, for the disposal of organic materials only, where the applicant satisfactorily demonstrates that such materials will be disposed of on-site in such a manner that there will be no potential for subsidence to occur on the site in the future and that such organic material does not harbor disease or pests which may adversely affect plantings or buildings on the site.
    • (d) Protection of existing planting. Maximum effort should be made to save tree or other plant specimens which are large for their species, rare to the area, or of special horticultural or landscape value. In the event that any such tree or plant specimens are to be removed, they are to be replaced elsewhere on the project site with specimens of a comparable size and type. Such requirement may be waived Planning Board or the Landscape Review Committee, at the Planning Board's direction, where the applicant demonstrates to the satisfaction of the Board or Committee that special site and design conditions so warrant. No material or temporary soil deposits shall be placed within the drip line shrubs or trees designated on the landscape plan to be retained. Protective barriers are to be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
  • (3) Slope plantings. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with vegetative ground cover appropriate to the purpose and for soil conditions and environment.
  • (4) Additional landscaping. All areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other vegetative ground cover, shrubs, and trees as part of the approved landscape plan, unless the existing natural landscaping and terrain are to be maintained and otherwise approved by the Planning Board or the Landscape Review Committee, as applicable.
  • (5) Planting specifications. Deciduous trees shall have at least a 2 1/2 inch caliper at the time of planting. Such requirement may be modified by the Planning Board and/or Landscape Review Committee, as applicable, where the applicant demonstrates satisfactorily that the type and groupings of the trees require a smaller caliper at the time of planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to acceptable horticultural standards. Dead and diseased plants and trees shall be removed and replaced by the owner on at least an annual basis. Failure to properly maintain trees shall result in such work being performed by the Town at the owner's expense.
  • (6) Plant species. The plant species selected shall be classified as hardy for the particular climate zone in which the development is located and appropriate in terms of function and size. The applicant is encouraged to select plant species which have minimal requirements for watering and fertilization. In selection of tree types a reference should be made to tree types recommended in the Land Development and Subdivision Review Regulations or of a variety approved by the Landscape Review Committee.

    Editor's Note: See the current Subdivision Regulations on file in the Town offices.

  • (7) Shade trees.
    • (a) Location. Shade trees shall be either planted or manicured at intervals of no more than 35 feet along both sides of all new or existing streets abutting a development site in accordance with the approved landscape plan. The Landscape Review Committee may permit spacing of trees at greater intervals where the applicant satisfactorily demonstrates to the Committee that such spacing is necessary for the preservation of large existing trees or other planting of large tree specimens.
    • (b) Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees on a street shall be the same kind except to achieve special effects. In selection of tree types, a reference shall be made to the types recommended in Land Development and Subdivision Review Regulations or of a variety approved by the Landscape Review Committee.

      Editor's Note: See the current Subdivision Regulations on file in the Town offices.

    • (c) Planting specifications. Street trees shall have a minimum caliper of 2 1/2 inches at time of planting, and must be nursery-grown, of substantially uniform size and shape and have straight trunks. Street trees, with the exception of ornamental trees, shall have or will have, when fully mature, a minimum caliper of 12 inches. Trees shall be properly planted and staked and provision made by the developer for regular watering and maintenance until they are established. Dead and diseased trees shall be removed and replaced by the owner on at least an annual basis. Failure to properly maintain street trees shall result in such work being performed by the Town at the owner's expense.
  • (8) Buffering.
    • (a) Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berm, rocks, boulders, mounds, or combinations thereof to achieve the objectives.
    • (b) Buffer required.
      • [1] When required, every development shall provide sufficient buffering when topographical or other barriers do not provide reasonable screening and when the Planning Board or Landscape Review Committee, as applicable, determines that there is a need to:
        • [a] Shield neighboring properties from any adverse external effects of a development; or
        • [b] Shield the development from negative impacts of adjacent uses, particularly in situations where such buffering/screening falls between commercial and residential properties; or
        • [c] Minimize stormwater impacts on flood management and water quality. In high-density developments, when building design and siting do not provide privacy, the Planning Board or Landscape Review Committee, as applicable, may require landscaping, fences, or walls to screen abutters for privacy. Buffers shall be measured from side and rear property lines, excluding driveways.
      • [2] Minimum buffer size required:
        • [a] A five-foot-wide buffer strip of grass or other vegetation is required around the entire perimeter of the site, except for any curb cuts.
        • [b] Where more-intensive land uses abut less-intensive uses, a buffer strip (25 feet) in width shall be required between such uses.
        • [c] Parking lots, garbage collection and utility areas, and loading and unloading areas should be screened around their perimeters by a buffer strip a minimum of five feet wide.
      • [3] Buffer design. Arrangement of plantings in buffers shall provide maximum protection to contiguous properties and avoid damage to existing plant material. Earthen berms may be used in the buffer design, provided side slopes are adequately stabilized by plant materials. Such berms may be used to calculate effective buffer heights.
      • [4] Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a year-round effective buffer height of at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
      • [5] Maintenance. Plantings shall be watered through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. The use of underground sprinkler or drip irrigation systems for landscaped areas is encouraged. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained in a manner commensurate with the approved landscape plan and kept free of all debris, rubbish, weeds, and tall grass.
  • (9) Parking area landscaping requirements.
    • (a) Trees shall be planted within the planting strip or in sidewalk areas as may be appropriate, at intervals of no more than 35 feet, and shall have a minimum caliper at time of planting of 2 1/2 inches. The Planning Board or Landscape Review Committee, as applicable, may permit spacing of trees at greater intervals where the applicant demonstrates to the satisfaction of the Planning Board or Landscape Review Committee, as applicable, that such a spacing is necessary for the preservation of large existing trees or the planting of large tree specimens.
    • (b) The interior of parking areas shall be suitably landscaped with trees, shrubs, plants or other live vegetation. In addition to the required buffer strip, a minimum of 10 square feet of landscaping for each parking space shall be provided within any off-street parking area. Each row of parking spaces shall be terminated by landscaped islands which measure not less than five feet in width and not less than 18 feet in length. The interior of the parking area shall incorporate landscaped areas in appropriate locations in order to prevent long, uninterrupted rows of parking spaces. Such landscaped islands may be included in calculating the required landscaped area. Mandatory terminal islands shall be surrounded with continuous raised curbing. Interior islands and divider medians shall be protected from encroachment of motor vehicles in a manner approved by the Planning Board or Landscape Review Committee, as applicable. Pedestrian paths may be incorporated within the landscaped area, provided a minimum dimension of four feet, exclusive of paved areas, is maintained for all landscaped areas.
    • (c) The interior of parking areas shall be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk of at least 12 inches in diameter. The minimum caliper of new trees at time of planting shall be at least 2 1/2 inches. At maturity, each tree shall be presumed to shade a circular area having a radius of 15 feet with a trunk as the center, and there must be sufficient trees so that, using this standard, 20% of the parking area will be shaded. Trees shall be located so that they are surrounded by at least 100 square feet of unpaved area, which may be counted towards calculating the required landscaped area. Parking areas shall be laid out and detailed to prevent vehicles from striking trees and to provide for the healthy growth of the selected tree species. Vehicles will be presumed to have a body overhang of three feet, six inches.
    • (d) The owner shall be responsible for maintaining the landscaping of a parking area in a neat and attractive manner. Only nursery-grown plant material shall be acceptable, and all plantings shall be installed according to accepted horticultural standards. The owner shall be responsible for watering plantings regularly and shall be responsible for removing and replacing all dead or diseased plantings on at least an annual basis. Failure to adequately maintain required plantings may result in the Town performing required maintenance at the expense of the landowner.
  • (10) Parking area design standards.
    • (a) All parking areas shall provide the minimum required widths for traffic aisles and driveways as described in the table below. At the discretion of the Town Engineer, the width of the aisles and driveways may be required to be greater than the minimum, should traffic and safety considerations so warrant.
    • (b) Required widths for Parking Area Aisles and Driveways:

      	Aisle Width	Parking Angle (in degrees)
      		0	30	45	60	90
      	One-way traffic (feet)	13	11	13	18	24
      	Two-way traffic (feet)	20	20	21	23	24

  • (11) Pedestrian and vehicular circulation. Pedestrian and vehicular circulation areas shall be designed so as to provide safe and efficient traffic flow patterns; conflicts between pedestrian and vehicular traffic shall be minimized by providing physical and visual separation between pedestrian ways and traffic lanes or at crossings of each.
  • (12) Signage. The placement of all directional and street level advertising signage shall be subject to the review and approval of the Zoning Board of Review or Town Engineer, as applicable, to ensure that safe and efficient traffic circulation patterns and adequate sight distances will be maintained both within the public-right-of-way and the interior site parking area.
  • (13) Paving materials for pedestrian areas. Design and choice of paving materials used in pedestrian areas shall consider such factors as function, climate, characteristics of users, availability, cost, maintenance, glare, drainage, noise, appearance, and compatibility with surroundings. Acceptable materials shall include, but are not limited to, concrete, brick, asphalt, asphaltic pavers, cement pavers, and stone.
  • (14) Walls and fences. Walls and fences shall be erected where required for privacy screening, separation, security, erosion control, or to serve other necessary and reasonable functions. The design and materials used shall be functional and compatible with existing and proposed site architecture. No fence or wall shall be so constructed or installed as to constitute a hazard to traffic or safety.
  • (15) Street furniture. Street furniture, such as but not limited to trash receptacles, benches, and phone booths, shall be located and sized in accordance with function. The different street furniture components shall be compatible in form, material, and finish. Design and materials shall be coordinated with existing and proposed site architecture. Selection of street furniture shall also take into consideration function, durability, maintenance, and long-term cost.
• C. Waivers. The landscaping design standards detailed in the section are to be considered minimum standards and may be waived by the Planning Board or Landscape Review Committee, as applicable, only under extenuating circumstances, providing such waiver does not conflict with the intent of this section, this chapter, the Land Development and Subdivision Review Regulations, or the Comprehensive Plan of the Town of Johnston.

  Editor's Note: See the current Subdivision Regulations on file in the Town offices.

• D. Site plan submission requirements.
  • (1) Plan contents. The contents of the landscape design plan shall include the minimum identification requirements identified in the industrial and business site plan review processes in § 340-27.1 plus the design criteria required to reflect the minimum landscaping standards detailed in this section.
    • (a) Each applicant for site plan review and approval shall file with the Building Official the required application form with all the required signatures, including all owners of record plus the signatures of all applicants and the payment of the required fees.
    • (b) Fifteen copies of a site plan plus 15 eleven-inch-by-seventeen-inch reductions of all plans prepared and stamped by the appropriate licensed professional drawn to show the following:
      • [1] Project title and purpose.
      • [2] Location map with project site clearly delineated at a graphic scale sized approximately one inch equals 1,000 feet.
      • [3] Scale and graphic scale to appear on all pages in plan set.
      • [4] Assessor plat and lot numbers and street address location of project development site.
      • [5] Size of each parcel in the project and total acreage of project site.
      • [6] Name, address, and zip code of all existing property owners of project site by assessor plat and lot number.
      • [7] Name, address, and zip code of the applicant.
      • [8] Street index note block shall be placed left of title block in lower right-hand corner. Said notation shall read, "This Plan is to be indexed under the following streets:" and the names of all pertinent streets on the plan shall be identified.
      • [9] Identification of size of area to be disturbed by project development, size of area already developed, and size of any area which will be enlarged or be added to as the result of modifications to the site.
      • [10] Identification on plan of all abutting tax plats and lots and their corresponding property owners as contained on the latest municipal tax rolls.
      • [11] Name, address, zip code, telephone number, fax number, e-mail address, and original professional stamp, original signature, and certification (as appropriate) of the designer responsible for preparing the proposed plan and design.
      • [12] Name, address, zip code, telephone number, fax number, e-mail address, and original professional stamp/original signature of the professional engineer responsible for preparing the proposed plan and design.
      • [13] Name, address, zip code, telephone number, fax number, e-mail address, original professional stamp/original signature and Class I Certification of the registered land surveyor responsible for preparing the proposed plan and design.
      • [14] Date of original plan, date(s) of all revisions to plan.
      • [15] North arrow (if magnetic north, date required).
      • [16] Existing zoning classification(s) of all property(ies) included in the project proposal and dimensional requirements for all included zoning districts.
      • [17] Location of any existing and proposed buildings or structures on the site and the distance of each from property boundary lines. If there are no existing structures on the property, a notation shall be made to that effect on the plan.
      • [18] Identification of existing and proposed use, occupancy, and general exterior dimensions of all existing and proposed principal and accessory buildings.
      • [19] Delineation of required setback areas for each parcel included in the project proposal.
      • [20] Location, size, composition, height, and purpose of all existing and proposed signs. If there are no existing or proposed signs for the property, a notation shall be made to that effect on the plan.
      • [21] Delineation of proposed outdoor lighting and impacted lighted area. If there is no existing or proposed outdoor lighting for the property, a notation shall be made to that effect on the plan.
      • [22] Identification of size and percentage of each of the following areas: area to be covered by buildings and other impervious surfaces; areas to be hard surfaced or paved. Location and labeling of all impervious surfaces and the nature of the impervious surface.
      • [23] Surveyed location of existing and proposed boundary lines; easements; metes and bounds; rights-of-way, both public and private; driveways and other circulation areas of the property and project including all dimensions and angles. Identification of purpose and a label for each easement and right-of-way shown on the design plans. The Planning Board may require profiles to be prepared for all rights-of-way, driveways, and other circulation areas of the property and project. If there are no existing easements or rights-of-way on the property, notation shall be made to that effect on the plan.
      • [24] Location, widths, and names of all existing and proposed streets abutting the site and within 200 feet of the perimeter of the site; pavement width as well as R-O-W widths shall be identified. The curbline shall be identified, if applicable.
      • [25] Location of existing and proposed monuments. The quantity of proposed monuments to be installed for the project development site will be determined by the Planning Board.
      • [26] Surveyed location of any historic areas, cemeteries, foundations, unusual natural features; natural rock outcroppings. If there are no existing historic areas and the like on the property, a notation shall be made to that effect on the plan.
      • [27] Delineation of actual distance from closest residential properties. If no residential properties exist within 200 feet of property, plan shall identify the distances of the project to the closest residential properties.
      • [28] Location of percolation test holes and/or groundwater determination test holes, if applicable.
      • [29] Surveyed location and sizes of existing and proposed sewer lines and main, water lines and mains, culverts, leach fields, septic systems, and other underground structures integral and within 200 feet of site.
      • [30] Location of all existing and proposed parking areas, driveways, loading spaces and areas, stacking areas, and property access areas; location, arrangement, and dimensions of existing and proposed off-street parking spaces and required handicapped spaces; location of existing and proposed sidewalks, pedestrian traffic areas, curbing/curblines. Surface area material composition shall be identified.
      • [31] Location, height, and materials of existing and proposed walls, fences, screen plantings, and other landscaping features and ground cover. Delineation of landscape buffers and materials between unrelated uses shall also be shown. Landscaping shall conform at a minimum to the landscaping provisions required in this chapter. A specification shall be provided covering the planting and maintenance for a period of two years for all street trees, site plantings, buffer vegetation, ground cover, etc.
      • [32] Location of freshwater wetlands, lakes, ponds, watercourses, proposed and/or existing detention/retention ponds and basins and drainage structures, and required buffer areas, and labeling of exact designation of each; location of floodplains and floodways and required buffer areas. If none of the areas exist on the property, a notation shall be made to that effect on the plan.
      • [33] Delineation and designation of soils on the site as defined by USDA Soils Conservation Service shall be approximately located on the plan.
      • [34] Surveyed topography of existing and proposed property contours and grades at two-foot intervals, including proposed finished grades, slopes, banks, and ditches shall be shown on the plan; identification of average slope of property(ies) before and after development.
      • [35] Location of proposed temporary and permanent soil erosion and sediment control measures shall be shown on plan with construction details provided for same.
      • [36] Location of and proposed details for detention basins and other drainage structures, including but not limited to wall and floor elevations, capacity, fencing, plantings, shall be provided on plan.
      • [37] Any additional information deemed necessary by the Planning Board and/or Landscape Review Committee.
  • (2) Additional documentation, 15 copies of each document to be provided:
    • (a) Drainage plan and calculations for project development. Drainage plan, calculations, and narrative report for the development and the areas downstream of development and an engineering analysis of the drainage system as existing and proposed.
    • (b) Building elevations for all structures, both principal and accessory; all views and the footprint of each structure shall be provided.
    • (c) Timetable for construction shall be identified.
    • (d) List of all property owners, their addresses, and zip codes, assessor plat and lot number, within 200 feet of the perimeter of property. If fewer than eight different property owners are located within the two-hundred-foot radius; the list shall be extended to five-hundred-foot radius of property. Abutting properties owned by the applicant and existing project property owners shall not be incorporated in determining whether the eight property owners criteria has been met.
    • (e) Composite radius map depicting at least all tax plats and lots of properties within a two-hundred-foot radius of property (five-hundred-foot radius map required if eight or less owners are located within 200 feet of the property perimeter). Abutting properties owned by the applicant and existing project property owners shall not be incorporated in determining whether the eight property owners criteria has been met.
    • (f) RIDEM-approved Soil Suitability Report and/or approved ISDS design(s), as applicable, shall be submitted.
    • (g) Wetlands applicability determination from Rhode Island Department of Environmental Management, Freshwater Wetlands Division (RIDEM), if applicable. If the proposed project development requires a submission to RIDEM, approval of the project proposal shall be withheld until the approved RIDEM plan has been received and the project disturbance areas are found to be in conformance with said RIDEM approval.
    • (h) Traffic study, stamped and signed by the certified Traffic Engineer who prepared the study.
    • (i) Rhode Island Department of Transportation physical alteration permit approval for access to state roads and/or highways, if applicable.
    • (j) Approvals from all utilities relative to capacity available and capability to connect to utility, as applicable (sewer, water, etc.) shall be submitted.
    • (k) Engineering analysis of water system to establish that there will be no decrease in water pressure or supply to surrounding property owners and that there will be an adequate water supply and pressure to each new house in accordance with building code and NFPA requirements.
    • (l) Letter from appropriate water district stating availability of water for connection and sufficient capacity for the intended use of the proposed development (such as residential, business, industrial, commercial) and certification relative to the amount of water flow/pressure as designed by the applicant. Water pressure shall be sufficient enough to comply with NFPA fire safety standards, if applicable.
    • (m) Letter from appropriate sewer district stating availability for connection and sufficient capacity for public sewers, if applicable.
    • (n) Any approvals required from any other jurisdiction, such as, Rhode Island Department of Transportation (RIDOT), Rhode Island Department of Environmental Management (RIDEM), Narragansett Bay Commission (NBC), Providence Water Supply Board (PWSB), and the like.
    • (o) Fire Department approval of location of proposed fire hydrants, holding cisterns, dry piping, circulation and/or cul-de-sac design acceptability, etc., if applicable.
    • (p) Proposed easements and quit-claim deeds for streets and other rights-of-way and restrictions and covenants which shall be filed with the development at the time of recording.
    • (q) Proposal for perpetual care of any cemeteries on the site.
    • (r) Proposed schedule or timetable for completion of the proposed infrastructure and road improvements, construction of site improvements, structures, and any other proposed development of the property.
    • (s) Letter of approval of proposed street names, public and/or private, from the Fire Department and the Planning Department.
    • (t) Letter of approval of street and traffic control sign locations from the Police Department and Public Works Director.
    • (u) Performance bond proposal. This chapter requires a performance bond in an amount sufficient to cover the cost of all improvements in the approved site plan. Applicant shall propose form of performance bond to be offered. Approval of the amount and form of the bond shall be approved by the Planning Board.
    • (v) Tax Collector's certificate for payment of taxes for last five years.
    • (w) Such additional information as may be determined to be required to enable the Planning Board and/or Landscape Review Committee to determine compliance with this chapter.
• E. Action on commercial and/or business site plans.
  • (1) Within 10 days of the Building Official's receipt of a site plan and required materials for commercial and/or business use, said documents shall be referred to the Planning Board for review. Within 21 days of receipts of these materials the Planning Board Administrative Officer shall determine if the submitted materials are complete in accordance with the provisions of this section. If a submittal is determined to be incomplete, the resubmission of said materials shall begin a new review period timeframe. A determination of completeness shall be made by the Administrative Officer before a public hearing shall be scheduled for the Planning Board's next regular or special meeting which complies with the adherence to the required notices as provided in this subsection.
  • (2) At least 14 days prior to the hearing, the Planning Board shall send written notice of the time and place of such hearing, by certified mail, to the applicant and to all persons owning land in accordance with the notice requirements for a variance as identified in this chapter. The Planning Board shall also publish, in a newspaper of general circulation in the Town of Johnston, a notice of said hearing, at least 14 days prior to the hearing. The cost of all notifications, printing, mailing, and advertising shall be borne by the applicant.
  • (3) The Planning Board may, within five days of receipt of the site plan application, transmit copies of the application to other agencies and departments of the Town for review and comment if the Planning Board is of the opinion such review will assist in its deliberations. The Planning Board shall not make a finding and determination upon an application until it has received a report from an agency/department to which the application has been referred, or until 21 days shall have elapsed since the transmittal of said copies of the application and site plan to other agencies/departments without such report being submitted. Failure of an agency/department to report within the allotted time shall be interpreted as non-opposition to the site plan.
  • (4) The Planning Board shall review the site plan for compliance with all articles of this chapter. An owner and/or applicant may request the Planning Board to waive any of the requirements referenced in this section. Waivers to this section may be granted by the Planning Board after due review and only under undue hardship pursuant to the relatively small size of the project as proposed or under extenuating circumstances, providing such waiver or waivers do not conflict with the intent of this chapter, the Land Development and Subdivision Review Regulations, or the Comprehensive Plan. The Planning Board shall approve, subject to modifications, or disapprove the site plan within 45 days from the date the public hearing was closed, unless the Planning Board and the applicant mutually agree to an extension of time.

    Editor's Note: See the current Subdivision Regulations on file in the Town offices.

  • (5) The decision of the Planning Board shall be transmitted to the applicant and the Building Official, and shall consist of either:
    • (a) A written finding that the development will be consistent with the guidelines for review set forth below in this section; or
    • (b) A written denial of the application stating the reasons for such denial, and which shall include a statement of the respect in which any elements in the particular features of the proposal are deemed to be inconsistent with the guidelines for review set forth below in this section; or
    • (c) A written finding and determination, subject to such reasonable mitigating conditions, modifications and restrictions set forth therein as the Planning Board may deem necessary to ensure that the proposed development achieves consistency with the guidelines for review established in this section.
• F. Guarantee. The applicant shall post a performance bond for 100% cost of all improvements of a form approved by the Planning Board or Landscape Review Committee, as applicable, which shall be maintained for a period of two years after the completion of all required improvements pursuant to the approved landscape plan. Should any of the plantings or improvements fail during this time period, the plantings and/or improvements shall be replaced by the developer.

[Added 9-10-2018 by Ord. No. 2018-15; amended 7-13-2020 by Ord. No. 2019-23]

• A. Purpose. This section authorizes unified development review for any development in B Zones and/or any municipal or public school project. The Board may review and approve dimensional variances, use variances and/or special use permits for properties undergoing review as a land development or a subdivision.

  [Amended 6-12-2023 by Ord. No. 2023-7]

• B. Adoption of regulations and rules. In accordance with R.I.G.L. § 45-24-46.4 the planner shall draft, and the Board shall adopt, regulations which implement unified development review.
• C. Eligibility and relief. Any person, group, agency, or corporation that files an application for a land development project or a subdivision project in a B Zone and/or any municipal or public school project may also file requests for relief from the literal requirements of a zoning ordinance on the subject property, pursuant to R.I.G.L. § 45-24-41, and/or for the issuance of special use permits for the subject property, pursuant to R.I.G.L. § 45-24-42, by including such within the application to the administrative officer of the Board with the other required application materials, pursuant to R.I.G.L. § 45-23-50.1(b).

  [Amended 6-12-2023 by Ord. No. 2023-7]

[Added 7-8-2019 by Ord. No. 2019-10]

A Self-storage facility is permitted in accordance with the Table of Use Regulations, § 340-8, subject to the following:

• A. Loading access/areas must not be located along street frontages.
• B. No outdoor storage is permitted in a B Zone:
• C. Facilities that have exterior access to the storage units, in addition to the requirements of § 340-27.2, must be screened from view from adjacent properties in such a way that the storage units are not visible from the property line.
• D. Rental of trucks is not permitted in a B Zone.
• E. An office associated with the facility and a residential unit for security are permitted as accessory uses.

[Added 11-14-2023 by Ord. No. 2023-16]

Where cannabis retail is permitted, it must conform with the following:

• A. A building or portion of a building used for the sale of cannabis must be located at least 200 feet from the premises of any public, private, or parochial school or a place of public worship, residential dwelling, day care or hospital.
• B. Evidence, filed with the building permit application or business license, that demonstrates that security will be supplied in conformance with state law and said plan is approved by the Johnston Police Chief.
• C. Site lighting designed to illuminate all sides of the proposed facility but shielded so that the light does not spill onto adjacent noncommercial property.
• D. Conformance with all other applicable provisions of the Zoning Ordinance, including but not limited to site plan review, landscaping, signage, parking, loading.
• E. Hours of operation are limited to 9:00 a.m. to 9:00 p.m.
• F. Where a drive-up/drive-through service is proposed, an applicant must demonstrate compliance with § 340-76.1B.

Any building or use erected or initiated or any building or use enlarged or extended shall, at the time of such construction or initiation, enlargement or extension, as the case may be, provide off-street parking space in accordance with the following requirements.

[Amended 2-17-2011 by Ord. No. 2010-28; 4-8-2019 by Ord. No. 2019-4; 5-13-2019 by Ord. No. 2019-8]

Requirements for off-street parking are as follows:

Plans and specifications for the required parking facility and its access drives shall be submitted at the time of application for the zoning certificate for the principal use. In allotting space for off-street parking facilities, each car space shall have a minimum width of 8 1/2 feet, and a minimum length of 18 feet and shall be served by suitable aisles to permit access to all car spaces. In no case shall the gross area of the facility be less than 270 square feet per car space.

Off-street parking facilities shall conform to the following regulations:

• A. The area shall have a dust-free, hard surface and shall be provided with bumper guards where needed.
• B. Where such area adjoins or lies within a residence district, an opaque fence not less than four feet nor more than seven feet in height or a double row compact evergreen screen not less than four feet in height shall be erected and maintained between such area and the adjoining residence district. The Building Inspector may require the posting of a cash bond or other surety in sufficient amount to ensure the installation or proper screening in conjunction with the development of an off-street parking facility.
• C. Lighting fixtures used to illuminate the parking area shall reflect the light away from adjoining property and away from adjacent streets.

[Amended 4-8-2019 by Ord. No. 2019-4; 5-13-2019 by Ord. No. 2019-8]

All parking facilities provided under this article must be constructed on or adjacent to the site of the main use. In a B-1 zone no front yard area shall be used for the required parking spaces of this article.

[Amended 10-11-2016 by Ord. No. 2016-1; 5-18-2017 by Ord. No. 2017-4]

In any residence district, the parking or storage of commercial vehicles under 10,000 pounds gross vehicle weight and/or unaltered pickup trucks are allowed. Commercial vehicles over 10,000 pounds in gross vehicle weight shall not be permitted, except where such parking or storage is directly related to and is accessory to a permitted use or lawful nonconforming use on the premises.

The parking or storage of major recreation equipment owned by the legal occupant, which includes travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats, and boat trailers, but does not include mobile homes, in residence districts, must comply with the following regulations:

• A. No major recreation equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.
• B. No major recreation equipment shall be stored in any front yard area.
• C. No major recreation equipment shall be stored out of doors in residence districts unless it is in condition for safe and effective performance of the function for which it was intended or can be made so within a six-month period.

No land shall be used or occupied and no structure shall be erected or used for nonresidential purposes in any use district unless the off-street loading spaces required herein are provided. Off-street loading spaces as specified in this chapter shall be provided for any enlargement or alterations to any such existing structure or use.

The off-street loading spaces required by this chapter shall in all cases be on the same or contiguous lot or parcel of land as the use or structures they are intended to serve. In no case shall any required off-street loading space be part of an area used to satisfy the off-street parking requirements. No off-street loading space shall be located in any required front yard area.

• A. For each nonresidential use or structure of under 1,000 square feet of gross floor or ground area in which commodities are sold, displayed, serviced, repaired, altered or fabricated as the principal use of the parcel or lot, one off-street loading space of at least 300 square feet in area shall be provided.
• B. For each nonresidential use or structure of under 1,000 square feet of gross floor or ground area in which commodities are sold, displayed, serviced, repaired, altered or fabricated as the principal use of the parcel or lot, one off-street loading space with minimum dimensions of at least 60 feet by 12 feet with a minimum overhead clearance of 14 feet shall be provided.
• C. Additional off-street loading spaces shall be required by the Building Inspector when necessary to provide adequate area for off-street loading. Detailed plans for off-street loading space provision and use may be required before the issuance of a building permit.

[Amended 6-9-1997 by Ord. No. 998; 5-13-2019 by Ord. No. 2019-8]

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.

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/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 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.

PROJECTING SIGN — 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.

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

ROOF SIGN — 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.

SUBDIVISION IDENTIFICATION SIGN — 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.

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

VEHICLE SIGN — 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.

WALL SIGN — 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.

WINDOW SIGNS — 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.

• A. Illumination standards for all signs:
  • (1) The light source for all externally illuminated signs shall be effectively shielded to prevent beams or rays from being directed at any roadway or abutting residential property.
  • (2) No lights or lighting effects shall be used on any sign if the Building Official deems such light or lighting effect to pose a conflict with those used in public safety or traffic control and thereby create a hazard to the operation of motor vehicles.
  • (3) No sign may be placed, constructed or erected if the Building Official deems the illumination to constitute a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.
  • (4) All illuminated signs shall be turned off one hour after business closing and shall not turn on again until one hour prior to business reopening.
• B. Number of signs:
  • (1) Freestanding sign.
    • (a) Only one freestanding pylon or monument sign per lot regardless of the number of tenants.
    • (b) Where a lot contains the required minimum frontage along more than one street, a second freestanding pylon or monument sign is permitted.
  • (2) Wall sign.
    • (a) There may be one wall sign, canopy sign or projecting sign affixed to the exterior of a building for each occupancy therein.
    • (b) Where one establishment is more than 75,000 square feet in gross leasable floor area, there may be one or more wall-mounted signs for that establishment provided that the total square footage of such signs does not exceed the total amount of signage permitted.
• C. Placement standards:
  • (1) Signs shall not obstruct any door, window, or fire escape.
  • (2) Except as otherwise provided herein, the placement of signs is not subject to yard setback regulations. No sign shall constitute a hazard to pedestrian or vehicular traffic such as by obstructing sight lines or by blocking free ingress to or egress from a required door, window, fire escape or other required exit way element.
  • (3) Signs, if illuminated, shall be so arranged as to reflect light away from adjoining properties and/or streets, and shall not be located within 25 feet of any residential district boundary line.
  • (4) Signs shall not overhang the public right-of-way nor interfere with adjoining properties or establishments.
• D. Sign area computations:
  • (1) Sign area for single-faced signs shall be computed by measuring in square feet, the entire area within a square, rectangle, circle, triangle or any other polygon enclosing the extreme limits of graphic, writing or similar representation, emblem or any fixture of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of supporting framework (for example brackets, posts, etc.) shall not be included in the area if such framework is not included in the display.
  • (2) When a sign has two or more faces, each side may contain the maximum sign area permitted (as computed above), provided the sides are no further than two feet from each other.
  • (3) When calculating the total square footage of wall-mounted signage in a development of two or more buildings, all wall signs, awning or canopy signs and projecting signs for each establishment in the development shall be included in the total amount of permitted signage. The calculated number shall not exceed the amount of square feet of wall signs permitted.
• E. Height and setback computations:
  • (1) The height of any freestanding sign shall be measured from its base at grade to the highest point of the sign. Grade shall be defined as the naturally existing topography of the ground. Any filling or mounding (such as a berm) above the naturally occurring grade to artificially increase the height of a sign shall be counted towards the height of the sign.
  • (2) The setback of any sign shall be measured from the edge of the sign that is closest to the property line.
  • (3) A freestanding sign shall be set back a minimum of five feet from all property lines.
• F. No sign shall emit any sound.
• G. No sign shall hereafter be created, erected, installed or altered except in conformance with this article and upon receipt of a building permit.
• H. Continuance: Any sign that advertises businesses or activities that have not been carried on at the premises for two consecutive years shall be deemed to be abandoned. An abandoned sign shall be considered nonconforming and therefore prohibited and shall be removed by the owner of the premises. Such obsolete signs shall be removed within 30 days after the date they become obsolete.
• I. Maintenance. All signs, banners, pennants, awnings, canopies and other permitted advertising devices must be kept clean, neatly painted, free from all hazards and must be properly maintained in safe condition, not faded or tattered, and shall be securely fastened at all corners and ends. If a sign is hazardous or obsolete, the Building Inspector or Zoning Enforcement Officer shall give written notice to the owner of the sign and to the owner of the land upon which the sign is erected directing that the sign be brought into conformance or removed within 30 days from the date of said notice.
• J. Replacement. Any sign replacing a preexisting nonconforming sign shall conform with the provisions of this article and the preexisting nonconforming sign shall be removed.
• K. Alteration. The sign faces of any preexisting nonconforming signs may be altered either to update the sign content or to reflect new information, provided that such alteration shall not result in any change in the sign's size, extent, location, or illumination.

The signs described below are permitted in all zoning districts:

• A. Signs identifying charitable, nonprofit, or private educational facilities shall be permitted as follows:
  • (1) Wall signs not exceeding 20 square feet in area.
  • (2) Off-site directional signs not exceeding two square feet in area per side of sign, nor eight feet in height.
    • (a) Temporary on- or off-premises freestanding signs or wall signs advertising public social events, not exceeding 32 square feet in area per side of sign, nor six feet in height, and limited to one sign per parcel. The display of said temporary signs shall be limited to 21 days duration, shall be removed within three days after the final day of the event, and shall not be permitted more than four times in a calendar year.
    • (b) A permit shall be obtained for each time a temporary sign is desired and shall not be extended.
    • (c) A cash bond of $50 shall be posted with the Building Inspector for each temporary sign. This sum will be returned upon removal of the temporary sign. If the sign is not removed when the permit expires, the Building Inspector or Zoning Enforcement Officer shall cause the sign to be removed and disposed of and the cash bond shall be forfeited to the Town's general fund to help defray the cost of removal.
• B. Directional signs.
• C. Real estate signs. On-premises, temporary, nonilluminated, freestanding or wall signs not exceeding nine square feet in area, nor six feet in height, and limited to two signs per parcel. Said signs shall be maintained in sound condition and shall be removed within 10 days of the lease, sale or rental of the property to which they are related.
• D. Government signs.
• E. Political signs. Political signs of a temporary nature, not located on utility poles, public property or within any right-of-way.
• F. Temporary construction signs. Not exceeding 32 square feet in area per side of sign nor eight feet in height and limited to two signs per project site. Said signs shall be set back a minimum of five feet from all property lines and shall be removed immediately upon completion of the work to which they are related. All temporary construction signs which are located within a road right-of-way shall conform with the Manual of Uniform Traffic Control Devices.
• G. Incidental signs.
• H. Clocks, thermostats and barber poles displaying no advertising.
• I. Landmark signs or commemorative tablets when made a permanent and integral part of a building.
• J. Temporary holiday decorations for a period of up to 60 days per year.

The signs described below are prohibited in all zoning districts:

• A. All billboards, roof signs, A-frame signs and portable signs, strobe lights, light bulb strings, steamers, spinners and devices of a similar nature, and all moving, flashing, rotating or blinking signs.
• B. The use of fencing for advertising purposes.
• C. All signs displaying any explicit figures or words concerning specified anatomical areas or sexual activities.

The signs described below are permitted in all residential zoning districts. Exterior signs shall not be illuminated.

• A. Banners and pennant strings. Limited to a maximum of two banners or pennant strings per establishment for a period of up to six months in any calendar year, where the predominant, legally permitted use of said premise is nonresidential. The occupants of any residential portion of a property upon which a banner or pennant string is located, and the occupants of any abutting residential property, may object in writing to that banner. Upon receipt of said written objection, the Zoning Officer shall order the removal of the objectionable banner or pennant string, and the owner may appeal to the Zoning Board of Review for relief of the removal order.
• B. Freestanding signs. Indicating the name of the owners or occupants, or identifying a permitted nonresidential use, not exceeding two square feet in area, nor five feet in height, and limited to one sign per parcel.
• C. A freestanding subdivision identification sign. Up to 12 square feet in area and up to eight feet in height and limited to two signs.
• D. Wall signs. Identifying a permitted nonresidential use, not exceeding nine square feet in area, and limited to one sign per establishment.

Signs may be wall-mounted, freestanding, projecting, a flag or banner. All signs shall conform to the following:

• A. Awning or canopy signs may be up to 36 square feet per establishment.
• B. Banners are limited to a maximum of two banners per establishment for a period of up to six months in any calendar year.
• C. Credit card signs shall not exceed one square foot in aggregate area per establishment and shall not be illuminated.
• D. Directory signs shall not exceed six square feet in aggregate area per building and shall only identify permitted uses.
• E. Information flags shall be limited to one per establishment containing the word "Open" and/or the business's logo, not exceeding 15 square feet in area.
• F. Pennant strings shall be limited to two per establishment.
• G. Projecting signs may be up to 12 square feet in area, projecting up to four feet from the building wall, with an unobstructed clearance to a height of 10 feet above the ground, and limited to one sign per establishment.
• H. Wall and freestanding signs shall conform to the following standards:
  • (1) Building frontage is the length of the building on the side where the main door to the establishment(s) is located.
  • (2) When a parcel has two or more principal buildings, the total sign area for each building is calculated based on the building frontage of each building.
  • (3) For any drive-in business that has a booth for employees only with no public access, including a gas station, the maximum area of building signs shall be one square foot of sign for every linear foot of street frontage. On a corner lot, only one street frontage shall be used to calculate the maximum sign area.

    Zone	Freestanding Sign		Building Signs
    	Total Sign Area (square feet)	Sign Height (feet)	Total Sign Area on a Building (square feet)
    B1	36	12	1.0 for every linear foot of building frontage
    B2: buildings up to 25,000 square feet	50	15	1.0 for every linear foot of building frontage
    B2: buildings 25,001 to 50,000 square feet	75	18	1.5 for every linear foot of building frontage
    B2: buildings 50,001 to 75,000 square feet	100	20	2.0 for every linear foot of building frontage
    B2: buildings 75,001 square feet and up	150	25	2.5 for every linear foot of building frontage
    I Zones	100	20	2.0 for every linear foot of building frontage

The Johnston Town Council may permit upon petition for amendment an apartment or multifamily dwelling or a grouping of apartments or multifamily dwelling structures in an R-10 or R-7 District provided that:

• A. The multifamily or apartment development shall be located on tracts of land owned by one person or corporation or group of persons or corporations.
• B. The tract of land shall consist of not less than the following minimum lot net area requirements after freshwater wetlands, wetland buffers, and slopes in excess of 8% have been deducted from the land area calculation:

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

  • (1) R-7 District: net area equal to at least two acres.
  • (2) R-10 District, net area equal to at least two acres.
• C. The development will constitute an environment of sustained desirability and stability and the design will be harmonious with its surroundings and in substantial conformity with the policies and goals of the Comprehensive Plan and the intent of this chapter.

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

A petition for amendment to permit multifamily uses shall be filed in accordance with the procedures outlined in Article XVI of this chapter. A preliminary site plan shall accompany the petition for amendment and shall contain all the information required in § 340-49 which follows.

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

The applicant shall submit three copies of a preliminary site plan and all required application and materials to the Planning Board for a determination of completeness. Upon receipt of a certificate of completeness, the applicant shall submit 15 sets of all plans, documents, and accompanying materials as required for a major land development project as detailed in the Land Development and Subdivision Review Regulations of the Town of Johnston.

Editor's Note: See the current Subdivision Regulations on file in the Town offices.

After the receipt of a petition for amendment for multifamily use and the preliminary site plan, the Town Council shall transmit the petition and preliminary site plan to the Johnston Planning Board for review.

• A. Review and recommendation.
  • (1) The Planning Board shall review the site plan and make recommendations to the Town Council as to whether the proposed project is in compliance with the following:
    • (a) The standards set forth in this article;
    • (b) Sections 340-109 and 340-110 hereof; and
    • (c) R.I.G.L. § 45-24-52.

      Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

  • (2) In no instance shall the Planning Board's opinion be binding on the Town Council relative to granting an amendment for multifamily use.
• B. Any multifamily application involving one or more lots, tracts, or parcels of land that are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, which may include, but is not limited to, planned development and/or cluster development for residential or mixed residential use, shall be defined as a major land development project and shall also require Planning Board approval in accordance with Rhode Island General Laws Title 45, Chapter 23, and the Johnston Land Development and Subdivision Review Regulations, including those provisions for appeal and judicial review, whether or not the land development project constitutes a subdivision under such provisions. No land development project shall be initiated until a plan of the project has been submitted to the Planning Board, a public hearing has been held thereon, and approval has been granted by the Planning Board. The Planning Board may apply such special conditions to the approval as may, in the opinion of the planning Board, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the Comprehensive Plan and this chapter.

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

  Editor's Note: See the current Subdivision Regulations on file in the Town offices.

Upon the receipt of the advisory opinion from the Planning Board (and approval pursuant to § 340-51B hereof, if applicable), the Town Council shall schedule a public hearing and render a decision on the petition for amendment in accordance with the provisions of Article XVI of this chapter to consider the development proposed in the preliminary site plan.

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

If the petition for amendment is granted the issuance of a building permit for development shall be conditioned upon the following:

• A. The submission to and approval of a final site plan for a major land development project by the Planning Board containing all the information specified in § 340-54 of this article and as required by the Johnston Land Development and Subdivision Review Regulations and Rhode Island General Laws Title 45, Chapter 23; and

  Editor's Note: See the current Subdivision Regulations on file in the Town offices.

• B. Construction of the project is carried out in strict adherence to all the requirements of §§ 340-54 through 340-61 of this article and all approvals granted by the Town of Johnston.

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

The applicant shall submit three copies of a preliminary site plan and all required application and materials to the Planning Board for a determination of completeness. Upon receipt of a certificate of completeness, the applicant shall submit 15 sets of all plans, documents, and accompanying materials as required for a major land development project as detailed in the Land Development and Subdivision Review Regulations of the Town of Johnston.

Editor's Note: See the current Subdivision Regulations on file in the Town offices.

• A. Uses.
  • (1) Permitted uses: only multifamily structures and their accessory uses.
  • (2) Accessory uses may include indoor and outdoor parking facilities, a club, a golf course, playground, bathing beach, a swimming pool, and necessary public and semipublic uses, but shall not include any other residential uses, office uses, restaurant and entertainment uses, commercial uses, wholesale business and storage, industrial uses, home occupations, professional office of resident, and storage of commercial vehicles or recreational equipment (unless stored within a building).
• B. Intensity regulation. The following schedule of intensity regulations shall apply to multifamily dwelling or apartment uses:

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

  • (1) The minimum lot area required for multifamily or apartment dwellings shall consist of not less than the following minimum lot net area requirements (net acre) after freshwater wetlands, wetland buffers, and slopes in excess of 8% have been deducted from the land area calculation:
    • (a) R-10: two net acres, minimum.
    • (b) R-7: one net acre, minimum.
  • (2) The maximum number of dwelling units for multifamily or apartment dwelling uses shall be a maximum of 10 units per net acre in an R-7 Zoning District and five units per net acre in an R-10 Zoning District.
  • (3) No more than 12 dwelling units shall be permitted in a multifamily or apartment structure.
  • (4) No more than six, three-bedroom dwelling units or apartments shall be permitted for every 12 dwelling units located in a multifamily or apartment structure, unless a variance has been granted by the Zoning Board of Review.
  • (5) No multifamily or apartment structure shall contain any dwelling units in excess of three bedrooms, unless a variance has been granted by the Zoning Board of Review.
  • (6) Minimum street frontage. The minimum street frontage shall be in proportion to the average lot width, to the average lot depth at a ratio of 1:2.5. In no case shall the minimum street frontage be less than 140 feet.
  • (7) Minimum yard depths:
    • (a) Side yard.
      • [1] For a one-story structure: 30 feet each side.
      • [2] For a two-story structure: 40 feet each side.
      • [3] For a three-story structure: 50 feet each side.
    • (b) Front yard and rear yard.
      • [1] For a one-story structure: 40 feet.
      • [2] For a two-story structure: 50 feet.
      • [3] For a three-story structure: 60 feet.
    • (c) Maximum height of a multifamily or apartment structure shall be no more than three stories and shall be no more than 35 feet.
    • (d) Minimum setback from lot lines for accessory structures in side and rear yards shall be 30 feet. No accessory structures shall be permitted in the required front yard.
    • (e) Maximum height of accessory structures shall be 25 feet.
    • (f) Minimum open space. There shall be permanently maintained a minimum open space of 25 feet from any adjacent property line or right-of-way line. Said open space shall not be paved for parking and may not be used for leaching or absorption fields; however, easements for water lines and driveways for access to parking areas are permitted. A vegetated buffer of 10 feet, minimum, and/or appropriate screening fence shall be installed between the multifamily development and the abutting side and rear properties. The design for said buffer shall be in accordance with the landscaping provisions of this chapter and the Land Development and Subdivision Review Regulations of the Town of Johnston.

      Editor's Note: See the current Subdivision Regulations on file in the Town offices.

Where a multifamily or apartment development is to be constructed as a complex of separate structures, the requirement of § 340-3 relating to principal residential buildings shall not apply.

Where a multifamily or apartment development requires the subdivision of land, as defined in the subdivision regulations of the Johnston Planning Board, all the applicable provisions of such law and regulations shall be followed.

Where public sewers are not available, the applicant shall provide a statement from the Rhode Island Department of Environmental Management certifying that the proposed site for multifamily or apartment development can be safely served by an on-site sewage disposal system in accordance with the ISDS Law and Regulations referenced in Article V. Any recommendation or restrictions of the department shall be made a condition of the granting of a permit for the multifamily or apartment development.

Where a multifamily or apartment development is proposed as a complex of separated structures, no structure shall be placed any closer to another structure than a distance twice the height of the taller of the structures so separated.

Minimum off-street parking shall be provided and maintained as follows:

• A. Two car spaces per dwelling unit.
• B. No parking shall be permitted within 10 feet of lot boundary line or within the required minimum front yard.
• C. Off-street parking spaces and service drives shall be located within the boundaries of the zoning lot before being developed and provided in accordance with Article VI of this chapter.

Each building shall be provided with an enclosed waste pen of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and utility area shall be properly screened and buffered from all buildings and property lines.

[Amended 6-9-2003 by Ord. No. 2002-21]

[Amended 6-9-2008 by Ord. No. 2008-9; 7-13-2020 by Ord. No. 2019-23]

• A. Except as required in § 340-63, a lot or group of contiguous lots having dimensions and/or area of lesser amounts than required in § 340-9 for the district in which such lot is located may be considered as coming within the minimum lot requirements of § 340-9, provided that:
  • (1) Proof that such lot or group of contiguous lots was shown on a recorded plat or on a recorded deed prior to December 14, 1994; and
  • (2) A title report showing that any and all lots which at any point in time since December 14, 1994 were or are immediately adjacent to or abutting such lot or group of contiguous lots were never subject to § 340-63; and
  • (3) A Schedule 1 Survey defining the dimensions of such lot or group of contiguous lots; and
  • (4) Any building on a prior recorded lot must connect to public water and/or sewer systems, except in an R-40 Zone.
• B. Such lots are referred to as prior recorded lots.

[Amended 6-9-2008 by Ord. No. 2008-9]

• A. It is the intent of this chapter to require merger of contiguous unimproved or improved substandard lots of record in the same ownership in order to create dimensionally conforming lots.
• B. If two or more contiguous lots are under common ownership at any time after December 14, 1994, and one or more of these lots fails to meet the requirements of § 340-9 with regard to minimum lot area or minimum lot width, or lot building coverage, or minimum setbacks as required by the applicable sections of this chapter, or the off-street parking requirements of this chapter, such lots shall be considered to be an individual lot of land for the purpose of this chapter. Contiguous lots or parcels shall share common and abutting boundary lines and not be separated by a street or other property. Contiguous parcels under separate ownership shall be considered to make up a single lot if application is made by all owners of such parcels. No single lot shall be used in violation of the requirements of § 340-9 with regard to minimum lot area or minimum lot width, except as provided in this chapter.

[Amended 6-9-2008 by Ord. No. 2008-9]

Lawfully established lots which have less than the minimum area requirements may be maintained and may be changed by adding additional land to such lots without prejudice to the rights of the owner of such lots pursuant to the provisions of this chapter and in accordance with the land development and subdivision review regulations of the Town of Johnston.

Editor's Note: Former § 340-65, Continuous lots under same ownership in residential zones and PD Overlay Zone, was repealed 6-9-2008 by Ord. No. 2008-9.

Editor's Note: Former § 340-66, Creation of contiguous lots of record resulting from death of owner, was repealed 6-9-2008 by Ord. No. 2008-9.

• A. Subdivisions and land development projects.
  • (1) A subdivision and/or land development project plan which has received the following approvals shall be vested for a period of five years from the date of approval and therefore protected from amendment or reenactment of this chapter.
    • (a) Master plan approval for major subdivisions and/or development projects.
    • (b) Preliminary approval for minor subdivisions and land development projects.
    • (c) Preliminary approval for administrative subdivisions.
  • (2) The plan must be recorded and construction on the subdivision and/or land development project improvements must begin within the first year of approval and all lots must be built upon within 10 years. Relief from the "all lots" construction provision of this subsection may be granted by the Zoning Board of Review provided evidence is furnished exhibiting that a substantial number of the lots have been "built upon" within the required time frame.
• B. Building permit. Any building permit for a nonconforming use, which was legally issued prior to the enactment or subsequent amendment of this chapter, will expire if not activated within one year plus a one-time, six-month Zoning Board of Review approved extension from the date of such issuance.
• C. Termination of vesting. Upon termination of the vested period, any abutting nonconforming lots in common ownership shall be merged to conform with current zoning requirements unless relief has been granted by the Zoning Board of Review prior to the expiration of the vesting period.

• A. A structure or use not otherwise conforming to the provisions of this chapter, lawfully existing at the time of its passage or amendment, shall be considered nonconforming, and it shall be permitted to continue.
• B. Nothing in this chapter shall prevent a nonconforming structure from being maintained, repaired or improved; provided, however, there is no expansion of building size.
• C. Nothing in this chapter shall prohibit the regulation of nuisances.

• A. If a lawful nonconforming use of any land, structure or building is abandoned, it shall not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use shall be presumed to have abandoned the nonconforming use, unless such presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.
• B. For the purpose of this chapter, one or more of the following actions shall indicate an intention to abandon a lawful nonconforming use:
  • (1) Removal of equipment, machinery, fixtures or inventory from the premises.
  • (2) Leaving the property to the elements.
  • (3) Use of the property for a conforming use.
  • (4) Substitution of a different nonconforming use for that existing at the time of adoption of this chapter.
  • (5) Voluntary demolition of the structure.
  • (6) Lapse of or failure to apply for licenses or permits necessary to the continuance of such nonconforming use.
  • (7) Failure to appeal the denial of a permit to continue the prior use.

If a lawful nonconforming use is destroyed by accident or by an act of God to the extent of 75% of its fair market value, or it is demolished in any lawful manner, it shall not be rebuilt unless it conforms to the provisions of this chapter. If such use is damaged to an extent less than 75% of its fair market value, it may be restored provided the location and the total floor area are not increased or altered. Nothing shall prevent the performance of normal maintenance work on a lawful nonconforming use.

• A. A lawful nonconforming use shall not be extended or enlarged. The extension of a use to a portion of a building which portion was arranged or designed for such nonconforming use at the time of passage of this amendment shall not be deemed the extension of a nonconforming use.
• B. A nonconforming use of land (where no building is involved) shall not be expanded or extended.

A lawful nonconforming use shall not be changed to another lawful nonconforming use but may be changed to a conforming use. A lawful nonconforming use, if changed to a conforming use, may not thereafter be changed back to a lawful nonconforming use.

No additional tanks or pumps shall be added to a lawful nonconforming filling station.

[Amended 11-12-1996 by Ord. No. 981]

• A. An application for relief from the literal requirements of this chapter because of hardship may be made by any person, group, agency, or corporation by filing with the Zoning Enforcement Officer an application describing the request and supported by such data and evidence as may be required by the Johnston Zoning Board. The Zoning Enforcement Officer shall immediately transmit each application received to the Zoning Board and shall transmit a copy of each application to the Town Planner and the Planning Board.
• B. In granting a variance, the Zoning Board shall require that evidence of the satisfaction of the following standards be entered into the record of the proceedings:
  • (1) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;
  • (2) That the hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
  • (3) That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan upon which this chapter is based; and
  • (4) That relief granted is the least necessary.
• C. The Zoning Board shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
  • (1) In granting a use variance the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter; nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and
  • (2) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, which shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property. 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.
• D. Criteria for issuance.
  • (1) The zoning official may provide for the issuance of modifications or adjustments from the literal dimensional requirements of this chapter in the instance of the construction, alteration, or structural modifications of a structure or lot of record. The zoning official shall be authorized to grant modification permits based upon the following criteria:

    	Zone	Allowable Variance
    	R-40	15% of any yard requirement
    		17% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from setback requirements for accessory structures
    	R-20	20% of any yard requirement
    		17% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from setback requirements for accessory structures
    	R-15	25% of any yard requirement
    		10% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from setback requirements for accessory structures
    	R-10	20% of any yard requirement
    		10% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from setback requirements for accessory structures
    	R-7	20% of any yard requirement
    		10% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from setback requirements for accessory structures
    	B-1	25% of any yard requirement
    		17% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from minimum distance of structure to R zone
    		No variance from setback requirements for accessory structures
    	B-2	20% of any yard requirement
    		16% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from minimum distance of structure to R zone
    		No variance from setback requirements for accessory structures
    	All I zones	20% of any yard requirement
    		16% of main or accessory structure maximum height
    		No variance from lot coverage
    		No variance from minimum distance of structure to R zone
    		No variance from setback requirements for accessory structures

  • (2) In addition:
    • (a) In no case may the front yard modification result in a front yard setback which is less than that of the adjoining or neighboring lots, if those lots have buildings.
    • (b) A modification shall not permit moving of lot lines.
  • (3) Within 10 days of receipt of a request for a modification, the zoning official shall make a decision as to the suitability of the requested modification based on the following determinations:
    • (a) The modification requested is reasonably necessary for the full enjoyment of the permitted use;
    • (b) If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
    • (c) The modification requested is in harmony with the purposes and intent of the Town of Johnston Comprehensive Plan and this chapter; and
    • (d) The modification requested does not require a variance of a flood hazard requirement.
  • (4) Upon an affirmative determination, the zoning official shall notify, by registered or certified mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of general circulation within the Town that the modification will be granted unless written objection is received within 30 days of the public notice.
    • (a) If written objection is received within 30 days, the request for a modification will be denied. In that case the changes requested will be considered a request for a variance and may only be issued by the Zoning Board of Review following the standard procedures for variances. In such cases, the application to the Zoning Board of Review will be considered a new application, and appropriate fees will be charged.
    • (b) If no written objections are received within 30 days, the zoning official shall grant the modification. The zoning official may apply such special conditions to the permit as may, in the opinion of the official, be required to conform to the intent and purposes of this chapter.
  • (5) The zoning official shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.
  • (6) Fees for such change requests will be determined based upon the standard Zoning Board fee schedule.

• A. An application for the issuance of a special use permit may be made by any person, group, agency, or corporation by filing with the Zoning Enforcement Officer an application describing the request and supported by such data and evidence as may be required by the Zoning Board. The Table of Use Regulations specifies the uses requiring special use permits in each district. The Zoning Enforcement Officer shall immediately transmit each application received to the Zoning Board and shall transmit a copy of each application to the Town Planner and the Planning Board.

  Editor's Note: The Table of Use Regulations is included at the end of this chapter.

• B. In granting a special use permit, the Zoning Board shall require that evidence of the satisfaction of the following criteria be entered into the record of the proceedings:
  • (1) That granting of the special use permit will be compatible with the neighboring uses and will not adversely effect the surrounding neighbors' use and enjoyment of their property;
  • (2) That granting of the special use permit will be environmentally compatible with neighboring properties and the protection of property values;
  • (3) That granting of the special use permit will be compatible with the orderly growth and development of the Town of Johnston, and will not be environmentally detrimental therewith;
  • (4) That the best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of Johnston, and the environment have been considered and will be employed, including but not limited to considerations of soil erosion, water supply protection, septic disposal, wetland protection, traffic limitation, safety and circulation;
  • (5) That the purposes of this chapter, and as set forth in the Comprehensive Plan, shall be served by said special use permit;
  • (6) That granting of the special use permit will substantially serve public convenience and welfare; and
  • (7) That granting of the special use permit will not result in or create conditions that will be inimical to the public health, safety, morals and general welfare of the community.

• A. In granting a variance, special use permit, or in making any determination upon which it is required to pass after a public hearing under the provisions of this chapter, the Zoning Board may apply such special conditions that may, in the opinion of the Board, be required to promote the intent and purposes of the Comprehensive Plan and this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation.
• B. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include, but are not limited to, provisions for:
  • (1) Minimizing adverse impact of the development upon other land, including the type, intensity, design, and performance of activities;
  • (2) Controlling the sequence of development, including when it must be commenced and completed;
  • (3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
  • (4) Assuring satisfactory installation and maintenance of required public improvements;
  • (5) Designating the exact location and nature of development; and
  • (6) Establishing detailed records by submission of drawings, maps, plats, or specifications.

[Added 6-13-2016 by Ord. No. 2016-4; amended 8-13-2024 by Ord. No. 2024-10]

• A. Drive-up/drive-through uses. An application for a special use permit for a drive-up/drive-through use, such as a restaurant, bank, pharmacy or other retail or service use, must demonstrate compliance with the following standards:
  • (1) No drive-through facility shall be located in any required front yard.
  • (2) Entrances to a drive-through facility shall be offset at least 50 feet from an intersection. No drive-through lane shall exit directly onto a street.
  • (3) Stacking spaces.
    • (a) A sufficient number of stacking spaces for vehicles waiting to complete a transaction shall be provided so as to prevent circulation congestion, both on-site and on adjacent public streets. In general, the number of stacking spaces shall be based on the following guidelines:
      • [1] Restaurant: seven spaces per station.
      • [2] Bank: five spaces for the first station, plus two spaces for each additional station.
      • [3] Cannabis and cannabis accessory retail: seven spaces per station.
      • [4] Other uses (no order board): four spaces per station.
    • (b) In addition, there shall be at least one stacking space after the service window, before entrance to a travel lane. Each stacking space shall be a minimum of 10 feet in width and 20 feet in length.
  • (4) Drive-through lanes shall be delineated from traffic lanes and parking areas with striping, curbing, landscaping and/or the use of alternative paving material. Where pedestrians will intersect with a drive-through lane, crosswalks shall be provided, making use of striping and/or alternative paving material.
  • (5) Adequate directional and warning signs shall be provided to assure smooth traffic circulation and pedestrian safety, including marking entrances, exits and one-way lanes of drive-through areas. The placement of all directional signage shall be subject to review and approval under the provisions of this article.
  • (6) Menu boards or other informational boards shall face away from public rights-of-way. All lighting associated with menu boards, window service areas or travel lanes shall be directed and shielded so as to prevent any glare or reflection on adjoining streets or property. The placement of all informational signage shall also be subject to review and approval under the provisions of this article.

• A. Referral to the Planning Board. The Zoning Board, immediately upon receipt of an application for a special use permit for an industrial use, may request that the Planning Board and/or the Town Planner report its and/or their findings and recommendations in accordance with § 340-27, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan.
• B. Zoning Board public hearing. The Zoning Board shall hold a public hearing on any application for a special use permit or variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice thereof at least 14 days prior to the date of the hearing in a newspaper of general circulation in the Town. Notice of hearing shall be sent by first class mail to the applicant, and to at least all those who would require notice under this chapter and R.I.G.L. § 45-24-53. The notice shall also include the street address of the subject property. A supplemental notice may be posted at the location in question that an application for a special use permit or variance is under consideration. The posting shall be for information purposes only and shall not constitute required notice of a public hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of all notifications and postings shall be borne by the applicant.
• C. Records of decision. All recording of findings of fact and written decisions of the Zoning Board shall be in conformance with § 340-127.
• D. Appeals. Any appeals may be taken pursuant to Article XVIII of this chapter.
• E. Expiration of a special use permit or variance. A special use permit or variance shall expire one year from the date of granting by the Zoning Board, unless the applicant exercises the permission granted or receives a building permit to do so and commences construction or use and diligently prosecutes the construction or use until completed. The Johnston Zoning Board may, upon application therefor, and for cause shown, grant an extension, provided that not more than one extension for a period of six months be granted.

[Added 6-9-1997 by Ord. No. 1004]

[Amended 6-14-2004 by Ord. No. 2004-9]

The terms used in this article shall be defined as in Chapter 83, Adult Entertainment, of this Code.

Adult entertainment uses shall be prohibited in all zoning districts in Johnston except in the industrial zones of the Town and only upon the grant of a special use permit by the Johnston Zoning Board of Review in accordance with §§ 340-75 and 340-76 of this chapter. Additionally, such a special use permit shall not be granted unless each of the following standards have been met:

• A. The application for a special use permit pursuant to this article shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.
• B. Location.
  • (1) All uses granted under this article shall not be located within:
    • (a) One thousand feet from the nearest residential zoning district, lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this article, and B-1 or B-2 zoning business district; or
    • (b) One thousand five hundred feet from the nearest house of worship, school, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
    • (c) Two thousand feet from the nearest adult entertainment establishment or sexually oriented business use as defined herein;
    • (d) One thousand feet from any establishment having a liquor license granted by the Town of Johnston or any other municipality; or
    • (e) One thousand feet from any of the Johnston Town lines.
  • (2) The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed adult entertainment establishment or sexually oriented business use is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
• C. All building openings, entries, and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
• D. No use shall be allowed to display for advertisement or other purposes any signs, placards, or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like or transparent material any explicit figures or words concerning specified anatomical areas or sexual activities as defined herein.
• E. No use permitted under this article shall be allowed to disseminate or offer to disseminate adult matter or paraphernalia to minors or suffer minors to view displays or linger on the premises.
• F. No use permitted under this article shall be allowed within a building containing other retail, consumer or residential uses.
• G. No use permitted under this article shall be allowed within a shopping plaza, shopping center, or shopping mall.
• H. All uses permitted under this article shall comply with the off-street parking and loading requirements and regulations in Articles VI and VII of this chapter.
• I. No use permitted under this article shall be allowed to have any flashing lights visible from outside the establishment.
• J. No use permitted under this article shall be allowed a freestanding accessory sign.
• K. No use permitted under this article shall be established prior to submission and approval of a site plan by the Zoning Board of Review with the technical advice of the Town zoning official. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
• L. All uses permitted under this article shall comply fully with all licensing requirements of the Town of Johnston, including but not limited to all business and entertainment license requirements.

The Johnston Zoning Board of Review may impose reasonable conditions, safeguards and limitations on time or use of any special use permit granted under this article and shall require that any such special use permit granted herein shall be personal to the applicant, shall not run with the land and shall expire upon sale or transfer of the subject property.

A special use permit granted under this article shall expire after a period of one calendar year from its date of issuance and shall be automatically renewable for successive one-year periods thereafter, provided that a written request for such renewal is made to the Johnston Zoning Board of Review and that no objection to said renewal is made and sustained by the Johnston Zoning Board of Review based upon the public safety factors applied at the time that the original special use permit was granted pursuant to § 340-79 above.

Each adult entertainment establishment and sexually oriented business in existence upon the initial reading date of this article shall apply for a special use permit within 90 days of the adoption of this article.

[Added 7-14-1997 by Ord. No. 999]

[Amended 9-10-2018 by Ord. No. 2018-15]

This district is intended to encourage and enable the development of large-scale, mixed-use development of a regional scale and intent. The development may contain high-density residential, retail/commercial, office, light manufacturing projects and distribution facilities. The projects within this district shall be designed so as to minimize the impact upon local roadways and traffic patterns and to buffer abutting properties and developments from negative impacts. Because of the scale of these planned developments, access to existing roads will be limited to major traffic-controlled access points and the various uses shall be served by an internal roadway system.

[Amended 9-10-2018 by Ord. No. 2018-15]

• A. The Interchange Business B-3 District is intended to encourage and enable the development of large-scale projects with a regional catchment area and customer base. As such, the district is located at the highway interchanges within the Town and is of such scope as to allow development of the intended type with a minimum of regulatory approval requirements.
• B. These district regulations are intended to minimize the impact upon local roadways and infrastructure, and this desire shall be a criterion during review of any proposed project. All applications within the B-3 District are subject to site plan review in accordance with § 340-27 and/or § 340-27.1 of this chapter. Any development over five acres in size shall be considered a major land development or a major subdivision and shall be subject to the regulations and may seek approvals through unified development review.

[Amended 9-10-2018 by Ord. No. 2018-15]

• A. Uses permitted in the B-3 Zone.
  • (1) Residential. Two-family and multifamily housing in accordance with the provisions of this section.
  • (2) Commercial/retail. Supermarket; department store; furniture store; lumber yard/supply store; shopping mall, either enclosed or open; hotel; theater complex; restaurant; drugstore; discount department store; children's recreational facility, including custodial care; bookstore; office supply store; arts, crafts and hobby store; electronic and computer store; similar uses.
  • (3) Office. Office complex for one or more tenants; medical uses; financial institutions.
  • (4) Hotel.
  • (5) Manufacturing. Non-noxious, low-impact manufacturing processes; computers, component or complete assemblies; electronics assembly; subcomponent assembly; etc.; retail distribution centers.
• B. Uses not permitted in the B-3 Zone.
  • (1) Automotive sales, repair, auto body.
  • (2) Adult entertainment.
  • (3) Drive-in.
  • (4) Food processing.
  • (5) Open lot storage.
  • (6) Service station.

[Amended 9-10-2018 by Ord. No. 2018-15]

• A. Residential: in accordance with § 340-96.
• B. Commercial/retail and office.
  • (1) Principal buildings:

    Frontage	Front Yard	Rear Yard	Side Yards	Lot Coverage
    500 feet	100 feet	200 feet	150 feet	40%

  • (2) Accessory buildings:

    Front Yard	Rear Yard	Side Yards	Lot Coverage
    25 feet 1	25 feet 1	25 feet 1	40% 1

    NOTE:
    1	In any yard where there is frontage on a public right-of-way, there must be planted and maintained a vegetated area that occupies the entire required setback. This vegetated buffer may contain sidewalks, sitting areas, or other similar public uses that would contribute to a park-like feel.

  • (3) Buildings' heights:
    • (a) Retail store: 50 feet;
    • (b) Theater: 65 feet;
    • (c) Accessory building: 40 feet;
    • (d) Hotel and office: six stories or 90 feet total height, including parapets and roof-mounted equipment.
• C. Light manufacturing.
  • (1) Principal buildings:

    Frontage	Front Yard	Rear Yard	Side Yard	Lot Coverage
    500 feet	100 feet	200 feet	150 feet	40%

  • (2) Accessory buildings:

    Front Yard	Rear Yard	Side Yards	Lot Coverage
    50 feet	50 feet	50 feet	50%

    NOTE:
    1	In any yard where there is frontage on a public right-of-way, there must be planted and maintained a vegetated area that occupies the entire required setback. This vegetated buffer may contain sidewalks, sitting areas, or other similar public uses that would contribute to a park-like feel.

• A. Setback from a building in a B-3 District to any R District zoning boundary: 200 feet.
• B. Setback from a building in a B-3 District to any I District zoning boundary: 150 feet.
• C. Setback from a building in a B-3 District to any B District zoning boundary: 150 feet.

• A. Requirements:

  [Amended 9-10-2018 by Ord. No. 2018-15]

  • (1) Residential uses: one space for every dwelling unit.
  • (2) Commercial/retail uses: five spaces for every 1,000 square feet of gross leasable space up to 100,000 square feet, 3.5 cars per 1,000 square feet of gross leasable space over 100,000 square feet.
  • (3) Office use: five spaces, then one space for every 250 square feet.
  • (4) Light manufacturing uses: five spaces, then one space for every 500 square feet.
• B. No required parking may be placed in the required front yard. At least 80% of the required parking must be a minimum of 8 1/2 feet by 18 feet. Up to 20% of the required parking may be eight feet by 17 1/2 feet. Any spaces of this smaller dimension must be marked as compact car spaces by either indelible painted stencils in yellow, with letters at least 10 inches high, painted on the ground at the entrance to each space, or with permanent signs with a minimum sign area of 96 square inches each, affixed at the head of each parking space, at a height of three feet six inches to from the pavement surface.

[Amended 9-10-2018 by Ord. No. 2018-15]

• A. Residential: none.
• B. Commercial/retail and light manufacturing: one fourteen-foot-by-sixty-foot loading bay for each tenant, with at least one loading bay for every 40,000 square feet of building space.
• C. Office use: one fourteen-foot-by-sixty-foot loading bay for every 40,000 square feet of building space.

• A. Between a B-3 zone and any R zone, there shall be created and maintained a buffer zone with a minimum dimension of 50 feet. This buffer zone shall consist of vegetation, fencing, or other manner of buffering designed to shield the neighboring R zone from direct view and to diffuse sound generated on the B-3 site.
• B. No structure shall be built within the buffer zone. No parking shall be permitted within the buffer zone. Topography may be changed to accomplish the intent of the buffer zone requirements. The buffer zone may contain a playground, walking path, or similar recreational or educational provisions which will serve as an accessory to the principal use of the site. Any such intended use must be proposed as part of the site plan review for review and approval. A variance may be sought to these requirements through unified development review.

  [Amended 9-10-2018 by Ord. No. 2018-15]

Note: In any yard where there is frontage on a public right-of-way, there must be planted and maintained a vegetated area that occupies the entire required setback. This vegetated buffer may contain sidewalks, sitting areas, or other similar public uses that would contribute to a park-like feel.

[Added 9-10-2018 by Ord. No. 2018-15]

• A. Architectural form and appearance. Where buildings are proposed which are visible from Hartford Avenue, the following criteria shall apply:
  • (1) Buildings shall follow in the spirit and character of a town center design and shall be located with specific regard to the height, size, and style of other structures in the immediate vicinity.
  • (2) Structure(s) shall be harmonious and blend with the existing nearby built and natural landscape.
  • (3) The Planning Board shall have final approval over the exterior architectural styling and facades of buildings and the overall project proposal in terms of height, size, style and harmonious compatibility with the surrounding neighborhoods.
• B. Open space requirements.
  • (1) At least 20% of the gross area in a development with residential, exclusive of land devoted to roads or easements, shall be set aside as open land for public or common use.
  • (2) Buildings or other uses for noncommercial, recreational or cultural purposes compatible with open land objectives may be permitted only after approval by the Planning Board.
  • (3) Common open land may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Board.
  • (4) Access shall be created at least 25 feet wide to each parcel of such common open land from one or more streets in the planned district, depending on the size of the development and the surrounding land uses, as determined by the Board.
  • (5) A maximum of 20% of the common open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation.
  • (6) All open land provided by land development projects for public or common use shall be conveyed to and maintained by either of the following with the approval of the Board:
    • (a) A corporation or trust owned or to be owned by the owners of lots or units within the development;
    • (b) Owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units;
    • (c) A nonprofit organization, the principal purpose of which is the conservation of open space; or
    • (d) The Town of Johnston for park, open space, agricultural, or other specified use or uses and open to unrestricted public use.
  • (7) A restriction or conservation easement on open space/open land, enforceable by the Town, shall be recorded, providing that the land shall be kept in the authorized condition and not be built upon or developed for accessory uses such as parking or roadway. Said conservation easement shall restrict the area against any future building or use except as is consistent with that of providing landscaped open space for aesthetic and recreational satisfaction of the surrounding residences.
  • (8) An operations and maintenance plan shall be developed for the open space.
• C. Signs. Signs shall conform to the regulations set forth in Article VIII of this chapter.
• D. Streets. The circulation system shall provide functional links and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity and promote safe and efficient mobility.
  • (1) Streets proposed to be dedicated for public use shall be constructed and approved in accordance with the provisions of the regulations.
  • (2) Streets proposed to be private may be approved by the Board and will not be dedicated for public use. This approval may be contingent upon the developer constructing the streets in conformance with the provisions of the regulations. This determination shall be in accordance with and consideration of the proposed uses for the site while insuring the health, safety, and welfare of the targeted population and adequate accessibility for emergency vehicles.
  • (3) The intent is to limit access onto existing public rights-of-way to strategically placed locations. In addition, the location(s) shall be designed to effectively allow for the efficient and safe movement of vehicular traffic in and out of the development. The following shall apply to new and existing uses:
    • (a) New uses. All new uses constructed after the effective date of this section shall be provided with vehicular access to a common internal street(s) or frontage road(s) that shall intersect with a public right-of-way at a location(s) approved by the Board.
    • (b) Expanded existing uses. In reviewing applications for expanded existing uses having existing driveway access on an existing public right-of-way, the Board shall determine if such access to the expanded use would be safe, attractive and otherwise consistent with the intent and purpose of the planned district and shall make its findings in writing. Based on these findings, the Board may permit the expanded use(s) to utilize existing access.
    • (c) Existing uses. All existing uses with direct vehicular access to a public right-of-way shall be permitted to retain such access. Change of existing uses to other permitted uses or additions or enlargements which do not involve significant expansion of a structure shall not require new access.

Editor's Note: This ordinance also repealed former § 340-91, Location. See now § 340-91.1.

[Added 9-10-2018 by Ord. No. 2018-15]

The Interchange Business B-3 District will include all of the land area of the following land parcels:

[Amended 2-17-2011 by Ord. No. 2010-29]

Editor's Note: Former Art. XV, Planned Districts, as amended, was repealed 2-17-2011 by Ord. No. 2010-25.

The purpose of this article is to establish regulations for Planned Districts that will coincide with the general pattern of land use established by this chapter for the development of the Town and to further the purposes set forth in § 340-2 hereof. Planned districts are established herein to encourage development of harmonious, efficient and convenient neighborhoods and business developments by promoting variety in land use, residential density and site design through clustering of buildings and preservation of unique natural features of the site. Additionally, the intent of this article is to ensure that Planned Districts:

• A. Promote the conservation of energy and energy-efficient patterns of development;
• B. Provide for the protection of existing and planned public drinking water supplies, their tributaries and watersheds;
• C. Provide adequate, safe, and efficient transportation systems;
• D. Avoid congestion by relating types and levels of development to the capacity of the circulation system, and maintain a safe level of service of the system;
• E. Provide for pedestrian access to and between public and private facilities, including, but not limited to, schools, employment centers, shopping centers, recreation areas and residences;
• F. Maintain harmony with neighboring uses;
• G. Provide standards for and requirements of provisions for adequately and properly designed physical improvements, including plantings and proper property maintenance;
• H. Further the accomplishment of the goals of the affordable housing element of the Town's Comprehensive Community Plan;
• I. Preserve the unique natural features of the site; and
• J. Create a cohesive campus-like 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.

• A. Planned Districts. A Planned District ("PD") shall meet all of the following criteria:
  • (1) Must conform to the requirements set forth in § 340-98.
  • (2) Must be located in a Planned District zone, designated for a petition to change the zone in a R-7, R-10, R-15 or R-20 zone, or designated for a zone change in a R-40 or lower density zone where the uses of adjacent properties are business, commercial, institutional or government uses.
  • (3) Must possess access to municipal water and sewer service.
  • (4) Must be located in an area with vehicular access that minimizes traffic impacts through established neighborhoods.
  • (5) Parcels shall be merged into one lot prior to issuing any permits unless it is demonstrated that each parcel meets the zoning standard and development will not share responsibility for common infrastructure operation or maintenance.
• B. Planned Mixed Use Development District. A Planned Mixed Use Development District ("PMUD") is a type of Planned District in which a mixture of land uses are contained within a single development, building, tract or parcel. A Planned Mixed Use Development District shall meet the following criteria:
  • (1) Must be located directly on Atwood Avenue, Hartford Avenue, or another principal arterial roadway delineated in the Highway Functional Classification System for the State of Rhode Island (2005, as amended), with the exclusion of Sanderson Road, Greenville Avenue, and Atwood Avenue north of the Cherry Hill Road intersection;
  • (2) Must conform to the requirements set forth in § 340-98;
  • (3) Must possess access and connections to all major utilities, including municipal water and sewer service;
  • (4) Must not be designated for a petition to change the zone from a R-40 or lower density underlying zone, or be adjacent to a R-40 or lower density residential zone, unless the uses on the adjacent properties are business, commercial, institutional, or governmental uses, prior to the designation of the property for which a petition to change the property's zone to a PMUD has been submitted;
  • (5) Must be located in an area where the predominant surrounding vicinity zone and/or use is business, institutional/government, and/or multifamily;
  • (6) Must be developed by a single owner or by a group of owners acting jointly; and
  • (7) Supportive commercial uses must conform with § 340-102.
• C. Continuing Care Retirement Community. A Continuing Care Retirement Community ("CCRC") is 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 require assistance with the activities of daily living.
  • (1) A CCRC shall be permitted by special use permit in a B-2 zone and/or as part of a Planned District in the R-40 zoning district.
  • (2) Property size and coverage must conform to § 340-98.

• A. A petition for a Zoning Map amendment for a Planned District shall be submitted, together with a site plan, to the Town Council, which shall transmit the petition and the site plan to the Planning Board for review. Prior to issuing an advisory opinion to the Town Council for the enactment of any amendment to this chapter providing for a Planned District, a Planned Mixed Use Development District, or a Continuing Care Retirement Community, the Planning Board must conduct a review in accordance with:
  • (1) The site plan review requirements of § 340-107 and master plan stage approval of major land development in accordance with the Town of Johnston Land Development and Subdivision Regulations for major subdivisions;

    Editor's Note: See the current Subdivision Regulations on file in the Town offices.

  • (2) Sections 340-110 and 340-111; and
  • (3) R.I.G.L. § 45-24-52.
• B. Upon approval of a Zoning Map amendment or for development within an already designated Planned District, Planned Mixed Use Development District or Continuing Care Retirement Community zone, site review shall be conducted in accordance with § 340-107.
• C. The Planning Board may apply such special conditions to the approval as may, in the opinion of the Planning Board, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the Comprehensive Plan and this chapter.

• A. The Town of Johnston Table of Use Regulations, "Table III D-1," is incorporated herein and is located at the end of this chapter.
• B. The following uses are permitted by right in Planned Districts:
  • (1) Noncommercial recreation uses to be used by residents of any residential development that is part of a Planned District;
  • (2) Tennis courts; and
  • (3) Conservation and open space areas.
• C. The following uses shall be permitted in Planned Districts upon receipt of a special use permit:
  • (1) Senior center, youth center, and similar public and semipublic use types of facilities;
  • (2) A group of medical and/or dental offices and/or health maintenance organizations (HMOs) on an outpatient-only basis, and their ancillary uses, including pharmacy, emergency care and/or treatment facility, outpatient services such as diagnostic and laboratory testing, occupational and physical therapy, physical fitness, drug and alcohol rehabilitation;
  • (3) Neighborhood uses such as senior day-care facility;
  • (4) Indoor/outdoor recreation facilities; and
  • (5) Multifamily structures containing any dwelling units in excess of three bedrooms.

• A. Residential density shall be regulated as follows:

  [Amended 11-14-2011 by Ord. No. 2011-26]

  • (1) Planned District where nonresidential use does not exceed 5% gross floor area.

    	Type of Dwelling	Maximum Units/Net Acre 1
    	Single-family detached dwelling	6
    	Single-family detached clustered arrangements	3
    	Two-family duplex dwelling	4
    	Two-family dwelling	5
    	Multifamily dwelling with no affordable housing units	10
    	Multifamily dwelling with 10% of units designated to be affordable housing units for the thirty-year minimum 2	12

    	NOTES:
    	1	LEED (Leadership in Energy and Environmental Design) or comparable certification incentive is one additional unit/NET acre.
    	2	"Affordable housing units," as defined in Title 45, Chapter 53, of the Rhode Island General Laws (1956, as amended), Towns and Cities, Low and Moderate Income Housing.

  • (2) Planned Mixed Use District.

    	Type of Dwelling	Maximum Units/Net Acre
    	Single-family detached dwelling	2
    	Single-family detached clustered arrangement	3
    	Two-family duplex dwelling	3
    	Two-family dwelling	2
    	Multifamily dwelling with no affordable housing units	2
    	Multifamily dwelling with 10% of units designated to be affordable housing units for the thirty-year minimum 1	2.5

    	NOTES:
    	1	"Affordable housing units" as defined in Title 45, Chapter 23 , of the Rhode Island General Laws (1956, as amended), Towns and Cities, Law and Moderate Income Housing.

• B. Townhouse criteria.
  • (1) Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than eight townhouses shall be contiguous.
  • (2) Each townhouse shall have its own yard containing not less than 400 square feet, reasonably secluded from the view from streets or from neighboring property. Such yards shall not be used for off-street parking or for any accessory building.
  • (3) The minimum distance between any two rows of townhouse buildings substantially parallel to each other shall be 60 feet. The minimum distance between the abutting ends of townhouses in the same general plane or row shall be 30 feet.
• C. Multifamily criteria.
  • (1) Multifamily dwellings, including apartments and condominiums, located within a Planned District shall conform to the requirements of §§ 340-56 through 340-58 and §§ 340-60 and 340-61.
  • (2) Not more than 24 dwelling units shall be permitted in a multifamily structure.

• A. Mixed use in a Planned Mixed Use Development District.
  • (1) Structures for other permitted or special permit uses shall be a minimum of 35 feet from other buildings within the development.
• B. The Table of Dimensional Regulations for Planned Districts is located at the end of this chapter and is fully incorporated herein by reference.

[Amended 11-14-2011 by Ord. No. 2011-26]

• A. The tract of land for a planned development shall consist of not less than the following minimum lot criteria and NET area requirements after freshwater wetlands, wetland buffers, slopes in excess of 8%, easements, and previously developed (not proposed for redevelopment) areas have been deducted from the following land area calculations:
  • (1) Net area equal to at least 20 acres unless the Planning Board and Town Council approve a waiver of this requirement where the Planning Board finds that the proposed area provides adequate and suitable area for the use(s) proposed to be added, and is consistent with the goals and purposes of Planned Districts as set forth in § 340-92, and provides for a campus-like setting with an efficient, integrated pattern of development providing for easy pedestrian access to and between facilities and other pedestrian-friendly amenities; has adequate and suitable infrastructure and parking and properly manages traffic safety and circulation issues; has suitable designed physical improvements, including plantings and landscaped buffering for the protection of abutters; and is consistent with the Town's Comprehensive Community Plan.
  • (2) Length of continuous frontage on an improved public street: 100 feet.
  • (3) Total maximum building coverage shall be determined on a sliding scale, as follows:
    • (a) If less than 25% of the total gross tract is excluded due to the existence of steep slopes and/or wetlands, then the maximum lot coverage shall not exceed 40% of the net tract.
    • (b) If 25% to 40% of the total gross tract is excluded due to the existence of steep slopes and/or wetlands, then the maximum lot coverage shall not exceed 50% of the net tract.
    • (c) If more than 40% of the total gross tract is excluded due to the existence of steep slopes and/or wetlands, then the maximum lot coverage shall not exceed 60% of the net tract.
• B. The tract of land for a Planned Mixed Use Development District shall consist of not less than the following minimum lot criteria and net area requirements after freshwater wetland buffers, slopes in excess of 8% easements, and previously developed (not proposed for redevelopment) areas have been deducted from the following land area calculations:
  • (1) Net area equal to at least 10 acres; and
  • (2) Length of continuous frontage on an improved public street: 100 feet.

• A. Abutting properties. There shall be permanently maintained a minimum open space of 25 feet from any property line or right-of-way line, with the exception of the front yard under certain conditions, as delineated in Subsection B herein. Said open space shall not be paved for parking or driveways/circulation and may not be used for leaching or absorption fields. However, easements for utility lines and walkways for access to parking areas are permitted. Unless an agreement is rendered between abutting property owners to provide pedestrian and vehicular connections, the following must be installed between the abutting side and rear properties:
  • (1) A vegetated area within said buffer of a minimum of 10 feet, with appropriate year-round screening incorporating an opaque vertical element with a minimum height of six feet by four feet in depth, at two years' maturity for natural features; or
  • (2) Six feet for solid fences and walls.
• B. Front yard.
  • (1) The permanently maintained open space minimum of 25 feet from the right-of-way line or adjacent property line may be reduced to a ten-foot-wide landscaped and vegetated open space area buffer with a three-foot vertical element maintained between the parking and the landscaped area along the public street right-of-way line for the entire length of the frontage, except in the location of any approved curb cuts. Said vertical elements may consist of either a solid wall, dense hedge, or an earthen berm and may not be situated any closer than three feet from the right-of-way line; the purpose of this vertical element is to provide a year-round visual screen. Further, vertical elements shall not adversely affect sight distance for exiting vehicles.
  • (2) This reduced buffer within the front yard shall not be paved for parking or driveways/circulation, and may not be used for leaching or absorption fields; however, easements for underground utility lines are permitted. The design for said buffers shall be in accordance with the landscaping provisions of this chapter and the Land Development and Subdivision Review Regulations of the Town of Johnston.

    Editor's Note: See the current Subdivision Regulations on file in the Town offices.

Proposed projects and structures shall be required to follow in the spirit and character of the neighborhood and/or area in which it is to be located with specific regard to the height, size, and style of other residential structures in the immediate vicinity. Said structure(s) shall be harmonious and blend with the existing nearby built and natural landscape and shall not alter the character of the surrounding neighborhood(s). The Planning Board shall have final approval over the exterior styling of building architecture and facades of buildings and projects proposed in the Planned District zones in terms of height, size, style and harmonious compatibility with the surrounding neighborhoods.

• A. If the Planned District includes residential uses, at least 20% of the gross land area of the total tract, exclusive of land devoted to roads or easements, shall be devoted to open land for public or common use.
• B. Buildings or other uses for noncommercial recreational or cultural purposes compatible with open land objectives may be permitted only after approval by the Planning Board.
• C. Common open land may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Planning Board.
• D. Access shall be created at least 25 feet wide to each parcel of such common open land from one or more streets in a Planned District, depending on the size of the development and the surrounding land uses, as determined by the Planning Board.
• E. A maximum of 20% of the common open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation which is consistent with open land uses of such land.
• F. All open land provided by land development projects for public or common use shall be conveyed to and maintained by either of the following with the approval of the Planning Board:
  • (1) A corporation or trust owned or to be owned by the owners or lots or units within the development;
  • (2) Owners of shares within a cooperative development (if such a corporation or trust is used, ownership shall pass with conveyances of the lots or units);
  • (3) A nonprofit organization, the principal purpose of which is the conservation of open space; or
  • (4) The Town of Johnston for park, open space, agricultural, or other specified use or uses and open to unrestricted public use.
• G. A restriction or conservation easement on open space/open land, enforceable by the Town, shall be recorded, providing that the land shall be kept in the authorized condition and not be built upon or developed for accessory uses such as parking or roadway. Said conservation easement shall restrict the area against any future building or use except as is consistent with that of providing landscaped open space for aesthetic and recreational satisfaction of the surrounding residences.
• H. An operations and maintenance plan shall be developed for the open space.

• A. In Planned Districts, uses are permitted by right or by special use permit in accordance with § 340-95 and Table III D-1, titled "Use Regulations."
• B. In Planned Mixed Use Development Districts (PMUDs), buildings with mixed use (ground floor retail and upper level residential or office use) are permitted in accordance with the following sliding scale:
  • (1) If less than 25% of the total gross tract is excluded due to the existence of steep slopes and/or wetlands, then not more than 40% of the gross floor area (GFA) developed within the net tract may be used for nonresidential uses by right or by special use permit. If 25% to 40% of the total gross tract is excluded due to the existence of steep slopes and/or wetlands, then not more than 50% of the GFA developed within the net tract may be used for permitted nonresidential uses by right or by special use permit.
  • (2) If more than 40% of the total gross tract is excluded due to the existence of steep slopes and/or wetlands, then not more than 60% of the GFA developed within the net tract may be used for permitted nonresidential uses by right or by special permit.

Streets in a proposed Planned District that are to be dedicated for public use shall be constructed in accordance with the provisions of the Johnston Land Development and Subdivision Review Regulations. Streets in a proposed Planned District that are to be kept private and will not be dedicated for public use shall require Planning Board approval, which may be contingent upon the developer adhering to the provisions of the regulations as determined on a case-by-case basis. This determination shall be in accordance with and consideration of the proposed uses for the site while insuring the health, safety, and welfare of the targeted population and adequate accessibility for emergency vehicles.

Editor's Note: See the current Subdivision Regulations on file in the Town offices.

• A. Off-street parking in a Planned District shall be provided in accordance with §§ 340-28 through 340-34 and § 340-60, except as otherwise provided for herein.
• B. Due to the typical shared nature of PMUDs, the total off-street parking may be reduced to 90% of the required number of spaces for the individual uses if the location of the parking design is determined by the Planning Board to be conducive to sharing. A shared use agreement may be required by the Planning Board between tenants and owners, and said agreement shall survive any future property transfer.
• C. In Continuing Care Retirement Communities, parking for one car space shall be provided for every three beds, plus 10% of those spaces.

• A. Off-street loading in a Planned District shall be provided in accordance with §§ 340-35 through 340-37.
• B. The following requirements apply to off-street stacking and loading spaces and spaces utilized in conjunction with window services and drive-through services:
  • (1) Overhead clearance for drive-through/window services shall be a minimum of 14 feet in height.
  • (2) Drive-through service areas shall be situated on the premises where the location will not impede the traffic flow accessing or circulating within the property boundaries and where stacking areas are separate and apart from the primary circulation driveways.
  • (3) Stacking spaces are required for drive-through service areas and shall be a minimum size of 12 feet wide by 20 feet long and shall be provided for as follows:
    • (a) Six stacking spaces for the first service window or station (i.e., automated teller).
    • (b) Four stacking spaces for each additional service window or station.
  • (4) A minimum distance of 40 feet shall exist between the front of the stacking space at the service window or station and the exit onto the street or circulation driveway, thereby permitting a vehicle to drive beyond the service window or station after the completion of a transaction and wait until merging into the traffic stream.
• C. Outside walk-up windows shall be provided with a hard-surfaced sidewalk area comprised of concrete, asphalt, or the like with a minimum width of 10 feet and extend to a minimum of five feet on each side of the service area; this area shall be physically separated from the circulation and drive-through areas with a barrier, which may include raising the area with a finished curbing. Walk-up window areas shall be constructed so as to comply with state handicapped access laws and regulations.

Signs erected or installed within a Planned District shall conform to the regulations set forth in §§ 340-42 through 340-44.

• A. Any Planned District and/or Planned Mixed Use Development application involving one or more lots, tracts, or parcels of land that are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, which may include, but are not limited to, planned development and/or cluster development for residential or mixed residential-business use, shall be defined as a major land development project and shall also require Planning Board approval in accordance with Rhode Island General Laws Title 45, Chapter 23, and the Johnston Land Development and Subdivision Review Regulations, including those provisions for appeal and judicial review, whether or not the land development project constitutes a subdivision under such provisions.

  Editor's Note: See the current Subdivision Regulations on file in the Town offices.

• B. Preapplication conference. At the request of either the Planning Board or the applicant, a preapplication conference with the Planning Board shall be held to:
  • (1) Acquaint the applicant with the Johnston Comprehensive Community Plan and any specific plans that apply to the parcel, as well as the Zoning Ordinance and other ordinances that affect the proposed development;
  • (2) Suggest improvements to the proposed design on the basis of a review of the sketch plan;
  • (3) Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and
  • (4) Help the applicant to understand the steps to be taken to receive approval.
• C. A site plan shall be submitted in accordance with § 340-94 for any Zoning Map amendment advisory opinion to the Town Council.
• D. Site plan requirements: The developer shall submit at least four copies of a site plan for Planning Board review. Such plan shall be prepared and stamped by a registered professional land surveyor and a registered professional engineer. The site plan shall include the following:
  • (1) Proposed name of the development;
  • (2) Location by metes and bounds description;
  • (3) Name and address of the applicant and designer of the plan;
  • (4) Scale of plan: one inch equals 10 feet;
  • (5) Date, North arrow, contours at two-foot intervals;
  • (6) Boundary line of the development indicated by a solid line, and the total acreage encompassed thereby;
  • (7) Location, widths and names of all existing and prior platted streets, pavements, curbs, utility poles, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and section and municipal boundary lines on or within 500 feet of the development;
  • (8) Existing sewers, water mains, culverts, catch basins, hydrants and other underground facilities within the tract, indicating pipe sizes, grades, manholes and location;
  • (9) Proposed location, arrangement, and dimensions of automobile parking spaces, width of bays, angle of parking;
  • (10) Proposed location and dimensions of vehicular drives, entrances, exits, walks, and walkways;
  • (11) Proposed drainage system, sanitary sewer, hydrants, water line and other utilities;
  • (12) Proposed location, height and materials of walls, fences and screen plantings;
  • (13) Proposed ground cover, finished grades, slopes, banks and ditches;
  • (14) Location, proposed use and general exterior dimensions of principal and accessory buildings and signs;
  • (15) The stages, if any, to be followed in the construction of development;
  • (16) A comprehensive plan for the development of the abutting land, if any, owned by the developer;
  • (17) Test boring data, at least one fifteen-foot for every four acres of land;
  • (18) Typical street cross-sections;
  • (19) Proposed parks, playgrounds, and other open spaces, if any;
  • (20) Total number of dwelling units in the proposed development and the overall density;
  • (21) Percentage of the area to be devoted to roadways;
  • (22) Percentage of the area to be devoted to parks, playgrounds and other common facilities;
  • (23) Percentage of area covered by buildings;
  • (24) Identification of wetlands (including buffer) and slopes steeper than 8%; identification of percentage of net buildable area; and
  • (25) Any other items deemed necessary by the Planning Board.
• E. Review guidelines. The Planning Board may recommend the establishment of a Planned District to the Town Council, provided that the facts submitted with the application and presented to the Planning Board establish that:
  • (1) The site plan for the Planned District is consistent with the purpose, requirements, permitted use, design, density, dimensional regulations, affordable housing objectives, open space requirements, and related criteria established for such Planned District.
  • (2) Reasonable conditions have been imposed, where necessary, to mitigate any adverse impacts of the proposed Planned District, particularly:
    • (a) That the proposed Planned District, or given phase thereof, can be substantially completed within four years of the establishment of the Planned District;
    • (b) That each individual phase of development, as well as the total development, can exist as an independent phase capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; before any clearing or site disturbance for subsequent phases of development, an erosion control permit shall be obtained, required drainage improvements shall be implemented, and the site shall be stabilized (No stockpiling of material shall be permitted.);
    • (c) That the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
    • (d) That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the Planned District, especially in residential neighborhoods;
    • (e) That any proposed commercial development, where allowed, can be justified economically at the location proposed to provide for adequate commercial facilities of the types proposed;
    • (f) That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the general development plan;
    • (g) That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
    • (h) That the Planned District is in conformance with the general plan of the Johnston Comprehensive Plan; and
    • (i) That existing or proposed utility services are adequate for the population densities proposed.
• F. Required documents. If residential uses that provide for common open space are included in the Planned District, the following documents shall be submitted with the site plan:
  • (1) An agreement between the developer and the Town of Johnston stating, among other things:
    • (a) That in the event of failure or neglect on the part of the owners, successors, or assigns to maintain the common open space areas, landscaping and other improvements in good condition, the Town may perform the necessary work and for that purpose may enter upon the land and do said work and charge the cost thereof, including reasonable attorneys' fees, against the owners, successors or assigns.
    • (b) That the developer will construct the project in accordance with the approved plans.
    • (c) That the contract shall be binding upon the heirs, assigns, receivers or successors of the project and shall be a lien upon the property.
    • (d) Any other conditions the Planning Board deems reasonably necessary to carry out the intent of the Planned District.
  • (2) The following items shall also be submitted:
    • (a) Certification from the Johnston Tax Collector that all taxes due on the land described in the Planned District have been paid for five years preceding the date of filing and that there are no outstanding tax liens thereon.
    • (b) Copies of existing and proposed deed restrictions and protective covenants to run with the land in the Planned District if such exist or are proposed.
    • (c) A statement by the applicant describing any easements and the conditions thereof to the Planning Board.
• G. Action on site plan. Not more than 30 days after the close of the hearing on the site plan, the Planning Board shall determine whether the proposed development complies with all requirements of this article, and shall:
  • (1) Notify the applicant, in writing, how the plan must be amended to comply with the requirements of this article; or
  • (2) Notify the applicant, in writing, that the plan does not comply with the requirements of this article.
• H. Change of approved site plan. If the applicant wants to make any amendment to an approved site plan, a written request shall be submitted to the Planning Board. If, in the opinion of the Planning Board, a requested change is sufficiently substantial, the Planning Board shall require the submission of an amended site plan. The procedure for the consideration of such written request or of such amended site plan shall be the same as that for consideration of a site plan under § 340-93.
• I. Filing fees. Application for a Planned District designation approval from the Town Council shall be accompanied by all fees required by law.

Editor's Note: Former Art. XVA, Preapplication Conference, which consisted of former § 340-108.2 and which was adopted 4-9-2007 by Ord. No. 2006-6, was repealed 2-17-2011 by Ord. No. 2010-24.

For the purpose of promoting the public health, safety, morals, and general welfare, the Johnston Town Council shall have the power, in accordance with the provisions of this chapter and subject to R.I.G.L. § 45-24-50, to adopt, amend, or repeal, and to provide for the administration, interpretation, and enforcement of this chapter, all such actions to be consistent with and to provide for the implementation of the Comprehensive Plan.

• A. The Johnston Town Clerk shall receive all proposals for adoption, amendment, or repeal of this chapter and/or the Zoning Map(s). Such application shall be accompanied by a filing fee of $400, per Resolution No. 174, payable to the Town of Johnston. The filing fee shall be waived for any application submitted on behalf of any Town agency.
• B. Immediately upon receipt of the proposal, the Town Clerk shall refer the proposal to the Town Council and to the Johnston Planning Board for study and recommendation. The Planning Board shall, in turn, notify and seek the advice of the Town Planner and shall report to the Town Council within 45 days after receipt of the proposal, giving its findings and recommendations as prescribed in § 340-111 of this article.
• C. Where a proposal for adoption, amendment, or repeal of this chapter or the Zoning Map is made by the Johnston Planning Board, the requirements for study by the Planning Board may be waived, provided that the proposal by the Planning Board includes its findings and recommendations pursuant to § 340-111 of this article.
• D. The Johnston Town Council shall hold a public hearing within 65 days of receipt of a proposal, giving proper notice as prescribed in § 340-112.
• E. The Town Council shall render a decision on any proposal within 45 days after the date of completion of the public hearing. The provisions of this section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.

Among its findings and recommendations to the Town Council with respect to a proposal for adoption, amendment, or repeal of this chapter or the Zoning Map, the Planning Board shall:

• A. Include a statement on the general consistency of the proposal with the Johnston Comprehensive Plan, including the goals and policies, and the implementation program, and all other applicable elements of the Comprehensive Plan; and
• B. Include a demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in R.I.G.L. § 45-24-30 and § 340-2 of this chapter.

• A. This chapter shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the Johnston Town Council. The Town Council shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the Town at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter of the proposed ordinance.
• B. Written notice, which may be a copy of the newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration, and, where applicable, to the parties specified in Subsections C through F of this section, at least two weeks prior to the hearing. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
  • (1) Specify the place of the hearing and the date and time of its commencement;
  • (2) Indicate that adoption, amendment, or repeal of the chapter is under consideration;
  • (3) Contain a statement of the proposed amendments to the chapter that may be printed once in its entirety, or summarize and describe the matter under consideration;
  • (4) Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
  • (5) State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
• C. Where a proposed general amendment to the existing chapter includes changes in the existing Zoning Map, public notice shall be given as required by Subsections A and B of this section.
• D. Where a proposed amendment to the existing chapter includes a specific change in the Zoning District Map, but does not affect districts generally, public notice shall be given as required by Subsections A and B of this section, with the additional requirements that:
  • (1) Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing streets and roads and their names, and Town boundaries where appropriate; and
  • (2) Written notice of the date, time, and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located in or within not less than 200 feet of the perimeter of the area proposed for change, whether within the Town of Johnston or within an adjacent city or town. The notice shall be sent by registered or certified mail to the last known address of the owners, as shown on the current real estate tax assessment records of the Town of Johnston or an adjacent city or town. Per Town Council Ordinance No. 931, if at least eight different abutters do not fall within the two-hundred-foot radius for notification to abutters, the radius for such notification shall be increased to 500 feet. This requirement is to provide for a meaningful public hearing, and to protect the rights of nearby landowners in areas of the Town that are sparsely developed.
• E. Notice of a public hearing shall be sent by first class mail to the city or town council of any city or town to which one or more of the following pertain:
  • (1) Which is located in or within not less than 200 feet of the boundary of the area proposed for change; or
  • (2) Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.
• F. Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning change, provided, however, that the governing body of any state or municipal water department or agency, special water district, or private water company has filed with the Building Inspector a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
• G. No defect in the form of any notice under this § 340-112 shall render any ordinance or amendment invalid, unless the defect is found to be intentional or misleading.
• H. Costs of any notice required under this § 340-112 shall be borne by the applicant.
• I. In granting a zoning ordinance amendment, notwithstanding the provisions of R.I.G.L. § 45-24-37, the Town Council may limit the change to one of the permitted uses in the zone to which the subject land is rezoned, and impose such limitations, conditions, and restrictions, including, without limitation:
  • (1) Requiring the petitioner to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change;
  • (2) Those relating to the effectiveness or continued effectiveness of the zoning change; and/or
  • (3) Those relating to the use of the land; as it deems necessary.
• J. The Town Clerk shall cause the limitations and conditions so imposed to be clearly noted on the Johnston Zoning Map and recorded in the land evidence records, provided, however, in the case of a conditional zone change, the limitations, restrictions, and conditions shall not be noted on the Zoning Map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the Town Council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.
• K. The above requirements are to be construed as minimum requirements.

• A. Where the Town Council, in the case of an amendment, or the Zoning Board, in the case of a special use permit or variance, denies an application or grants the applicant leave to withdraw the same, the Town Council or the Zoning Board may not consider another application request for the same amendment, special use permit or variance for a period of two years from the date of such denial or withdrawal, per Ordinance No. 772.
• B. The Town Council or the Zoning Board, as the case may be, may accept such an application after one year, per Ordinance No. 772, provided that the application is accompanied by an affidavit setting forth facts, to the satisfaction of said Town Council or Zoning Board, showing a substantial change of circumstances justifying a rehearing.

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

The responsibilities of the Zoning Enforcement Officer shall include:

• A. The issuing of any required permits or certificates;
• B. Collection of required fees;
• C. Keeping of records showing the compliance of uses of land;
• D. Authorizing commencement of uses or development under the provisions of this chapter;
• E. Inspection of suspected violations;
• F. Issuance of violation notices with required correction action;
• G. Collection of fines for violations; and
• H. Performing such other duties and taking such actions as may be assigned in this chapter.

• A. Guidance and clarification. In order to provide guidance or clarification, the Zoning Enforcement Officer shall, upon written request, issue a zoning certificate or provide information to the requesting party as to the determination by the official within 15 days of the written request. In the event that no written response is provided within that time, the requesting party shall have the right to appeal to the Zoning Board for the determination.
• B. Zoning certificate.
  • (1) A zoning certificate shall be required for any of the following:
    • (a) Occupancy and use of a building hereafter erected or enlarged.
    • (b) Change in use of an existing building to a use of different classification.
    • (c) Occupancy and use of vacant land.
    • (d) Change in the use of land to a use of a different classification.
    • (e) Any change in use of a nonconforming use.
    • (f) Erection or installation of a sign.
  • (2) No such occupancy, use or change of use shall take place until a zoning certificate therefor shall have been issued by the Zoning Enforcement Officer.
  • (3) Written application for a zoning certificate for a new building shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within 15 days after a written request for the same has been made to the Zoning Enforcement Officer after the erection of such building has been completed in conformity with the provisions of this chapter.
  • (4) Pending the issuance of such certificate, a temporary zoning certificate may be issued by the Zoning Enforcement Officer for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate shall not be construed in any way to alter the respective rights, duties or obligations of the owner or the Town relating to the use of occupancy of the land or building, or any other matter covered in this chapter, and such temporary certificate shall not be issued, except under such restrictions and provisions as will adequately insure the safety of the occupants.
  • (5) Written application for a zoning certificate for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Zoning Enforcement Officer. Additionally, no permit for erection of any building shall be issued before application has been made for a zoning certificate.
  • (6) If the proposed use is in conformity with the provisions of this chapter, the zoning certificate therefor shall be issued within 15 days after the application for the same has been made. Each zoning certificate shall state that in the opinion of the Zoning Enforcement Officer the use, structure, building or lot either complies with or is legally nonconforming to the provisions of this chapter or is an authorized variance therefrom.
  • (7) A record of all zoning certificates shall be kept on file in the office of the Zoning Enforcement Officer and Tax Assessor, and a copy shall be forwarded, on request, to any person having a proprietary or tenancy interest in the building or land affected.
• C. Relation to other codes; regulations and ordinances. The issuance of a zoning certificate shall in no way relieve the applicant of the responsibility of obtaining such permits or approvals as may be required under the provisions of other applicable laws, codes, regulations and ordinances relating to, among other things, the use, erection, alteration or modification of a building or structure or to the use or subdivision of land.
• D. Expiration of a zoning certificate. A zoning certificate shall be valid for the duration of the use which was the subject of the original application and issuance and shall expire upon the termination of that use.

Nothing in this amendment shall prevent the completion of any construction for which a valid building permit has been heretofore issued, except that such construction shall be initiated and completed within the time period provided in § 340-134. Where such a valid building permit exists, no zoning certificate shall be required.

The Johnston Town Clerk shall be the custodian of the Johnston Zoning Ordinance and Zoning Map or maps created thereunder.

• A. The responsibility for the maintenance and update of the text and Zoning Map comprising this chapter shall be the Town Clerk's, with the assistance of the Town Planner; changes which impact the Zoning Map shall be depicted on the map within 90 days of the authorized change(s); and
• B. The Planning Board shall be responsible for review of this chapter at reasonable intervals, at a minimum of once every five years; and whenever changes are made to the Johnston Comprehensive Plan, for the identification of any changes necessary and for the forwarding of these changes to the Town Council.

• A. The Zoning Board of Review of the Town of Johnston is hereby created. The Zoning Board may engage legal, technical, or clerical assistance to aid in the discharge of its duties. The Zoning Board shall establish written rules of procedure, a mailing address to which appeals and correspondence to the Zoning Board shall be sent, and an office where records and decisions shall be filed.
• B. The Zoning Board shall consist of five members, each to hold office for the term of five years; provided, however, that the original appointments shall be made for terms of one, two, three, four, and five years, respectively. The Zoning Board shall also include two alternates to be designated as the first and second alternate members. These alternate members shall sit and may actively participate in hearings. The first alternate shall vote if a member of the Zoning Board is unable to serve at a hearing and the second shall vote if two members of the Zoning Board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the Zoning Board unless they have attended all hearings concerning that matter.
• C. Members of the Johnston Zoning Board of Review serving on the effective date of adoption of this chapter shall be exempt from provisions of this section respecting terms of originally appointed members until the expiration of their current terms.
• D. Upon the expiration of terms of office of the existing members, the Town Council shall appoint one member of the Board to succeed the member whose term has expired and said regular appointee shall thereafter hold office for a term of five years. The alternate members shall be appointed for a term of one year. All members shall serve until their successors are duly appointed and qualified. Members of the Zoning Board shall be legal residents of the Town of Johnston and no member shall be an elected official or a salaried employee of the Town of Johnston. If any vacancy occurs in the membership of the Board, the Town Council shall appoint a new member to fill the vacancy of the remainder of the unexpired term.
• E. Once each year the Zoning Board shall organize by selecting from its membership a Chairperson, Vice Chairperson, and Secretary.
• F. Meetings of the Zoning Board shall be held at the call of the Chairperson and at such other times as the Zoning Board may determine. The Chairperson or, in his absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses and the submission of explanatory data. All hearings of the Zoning Board shall be open to the public.

The Johnston Zoning Board of Review shall:

• A. Have the following powers and duties:
  • (1) To hear and decide appeals in a timely fashion where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer or other administrative officer or agency in the enforcement or interpretation of this chapter, or of any ordinance adopted pursuant hereto;
  • (2) To hear and decide appeals from a party aggrieved by a decision of a historic district commission, pursuant to R.I.G.L. §§ 45-24.1-7.1 and 45-24.1-7.2;
  • (3) To hear and decide appeals where the Zoning Board is appointed as the board of appeals for airport zoning regulations pursuant to R.I.G.L. § 1-3-19;
  • (4) To authorize, upon application, in specific cases of hardship, variances in the application of the terms of this chapter, pursuant to R.I.G.L. § 45-24-41 and § 340-74 of this chapter;
  • (5) To authorize, upon application, in specific cases, special use permits, pursuant to R.I.G.L. § 45-24-42 and § 340-75 of this chapter;
  • (6) To refer matters to the Planning Board, or to other boards or agencies of the Town of Johnston as the Zoning Board may deem appropriate, for findings and recommendations;
  • (7) To provide for issuance of conditional zoning approvals where a proposed application would otherwise be approved except that one or more state or federal agency approvals which are necessary are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period;
  • (8) To hear and decide other matters, according to the terms of this chapter or other statutes, and upon which the Zoning Board may be authorized to pass under the chapter or other statutes.
• B. Be required to vote as follows:
  • (1) Five active members shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself or herself, shall not sit as an active member, and take no part in the conduct of the hearing. Only five active members shall be entitled to vote on any issue.
  • (2) The concurring vote of three of the five members of the Zoning Board sitting at a hearing shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Enforcement Officer from whom an appeal was taken.
  • (3) The concurring vote of four of the five members of the Zoning Board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the Zoning Board upon which it is required to pass under this chapter, including variances and special use permits.

• A. The Zoning Board and the Planning Board shall adopt application procedures and application forms for the filing of appeals, requests for variances, special use permits and such other applications as may be specified in this chapter within 60 days of the date of adoption of this chapter.
• B. Copies of the application procedures and forms shall be filed with the Town Clerk within five days of their adoption by the Zoning Board and the Planning Board.
• C. Any revisions of applications procedures and forms shall be filed with the Town Clerk within five days of their adoption.

At the request of either the Planning Board or the applicant, a preapplication conference with the Planning Board shall be held to:

• A. Acquaint the applicant with the Johnston Comprehensive Plan and any specific plans that apply to the parcel, as well as this chapter and other ordinances that affect the proposed development;
• B. Suggest improvements to the proposed design on the basis of a review of the sketch plan;
• C. Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and
• D. Help the applicant to understand the steps to be taken to receive approval.

Fees, in an amount not to exceed actual costs incurred for mailing, legal advertising and professional services, shall be paid by the appellant or applicant for the adequate review and hearing of applications, the issuance of zoning certificates, and for the recording of the decisions thereon. The Zoning Board and the Planning Board shall include a schedule of fees as part of application forms required under § 340-121 above.

[Added 10-19-1995 by Ord. No. 951; amended by Ord. No. 1015; 5-12-2003 by Ord. No. 2003-7; 6-14-2004 by Ord. No. 2004-13]

• A. Purpose. The purpose of this section is to establish an updated schedule of fees to be paid to the Town of Johnston for submissions and reviews by the Planning Board.
• B. Fee schedule. The following fee schedule for Planning Board fees is hereby adopted as follows:

  [Amended 5-10-2010 by Ord. No. 2010-12]

  	Description		Fee
  	Advisory opinion from Planning Board's Administrative Officer		$100
  	Advisory opinion before Planning Board		$150
  	Preapplication conference with Administrative Officer		$50/project
  	Administrative subdivision
  		Application fee	$80, plus $75/lot 1
  		Review fee	$50/hour (5-hour minimum) 2
  	Concept review stage
  		Subdivisions
  		Application fee	$80, plus $50/lot
  		Review fee	$50/hour (five-hour minimum) 2
  		Land development projects	$50 per unit or acre, 2 plus $80
  		Application fee	$80, plus $50/unit or acre 3
  		Review fee	$50/hour (five-hour minimum) 2
  	Master plan stage
  		Subdivisions
  		Application fee	$80, plus $75/lot
  		Review fee	$50/hour (five-hour minimum) 2
  		Land development projects
  		Application fee	$80, plus $75/unit or acre 3
  		Review fee	$50/hour (five-hour minimum) 2
  		Decision (preparation fee)	$150/decision
  	Preliminary plan stage
  		Subdivisions
  		Application fee	$80, plus $125/lot
  		Review fee	$50/hour (five-hour minimum) 2
  		Land development projects
  		Application fee	$80, plus $125/unit or acre 3
  		Review fee	$50/hour (five-hour minimum) 2
  		Decision (preparation fee)	$150/decision
  	Informational meeting preparation fees
  		Subdivisions	$50, plus $2/each required notice to each addressee on notification list
  		Multifamily and/or residential unit planned development projects	$50, plus $2/each required notice to each addressee on notification list
  		Land development projects	$50, plus $2/each required notice to each addressee on notification list
  		Any other project not otherwise listed (requiring an informational meeting)	$50, plus $2/each required notice to each addressee on notification list
  	Public hearing preparation fees
  		Subdivisions	$50, plus $5/each required notice to each addressee on notification list
  		Multifamily and/or residential unit planned development projects	$50, plus $5/each required notice to each addressee on notification list
  		Land development projects	$50, plus $5/each required notice to each addressee on notification list
  		Any other project not otherwise listed (requiring a public hearing)	$50, plus $5/each required notice to each addressee on notification list
  	Final stage
  		Subdivisions
  		Application fee	$80, plus $105/lot
  		Review fee	$50/hour (five-hour minimum) 2
  		Land development projects
  		Application fee	$80, plus $105/unit or acre 3
  		Review fee	$50/hour (five-hour minimum) 2
  		Decision (preparation fee)	$150/decision
  	Review for recording for subdivisions [Note: Town Clerk recording fees are not included.]		$80, plus $75/lot
  	Review for final filing for land development projects and any other non-subdivision projects not otherwise addressed		$80, plus $75/unit or acre 3
  	Review of buildable lot applications		$300/application
  	Review of Town Council referred projects		$100/acre 3 ($100 minimum)
  	Review of Zoning Board of Review referred projects		$100/acre 3 ($100 minimum)
  	Review of Comprehensive Plan proposed land use map amendment proposals		$700/acre 3 ($700 minimum)
  	Review of Comprehensive Plan proposed text amendment proposals		$1,000
  	Review of Town Council Zoning Map amendment petitions		$700/acre 3 ($700 minimum)
  	Review of Town Council zoning text amendment petitions		$1,000
  	Site plan review
  		Application for industrial projects	$700/acre 3
  		Application for commercial and business projects	$700/acre 3
  		Application for planned development (PD) projects	$300, plus $50/acre, 3 plus $25/unit
  		Application for nonresidential projects requiring landscaping review (less than one acre)	$250/acre 3
  		Application for nonresidential projects not otherwise addressed	$700/acre 3
  		Application for multifamily development and other residential (non-PD) projects not otherwise addressed	$300, plus $50/acre, 3 plus $25/unit
  		Review fee for all site plan review projects	$50/hour (five-hour minimum) 2
  	Appeal to the Johnston Board of Appeals to a decision of the Planning Board and/or Administrative Officer		$250
  	Recording fee for all decisions		Actual costs
  	Mailing costs for required notifications (actual mailing costs plus duplication cost of materials and attachments) [Note: Applicants will be charged for each meeting where they do not attend the meeting (no-show) or request to be continued after the notice has been published or are repeatedly incomplete with their presentation thereby requiring a continuance.]		For each meeting, $50, plus duplication and preparation costs, plus actual mailing costs
  	Advertising costs for required notices for public hearings, including newspaper advertisement		Actual costs
  	Advertising costs for required monthly meeting notices [Note: Applicants will be charged for each meeting where they do not attend the meeting (no-show) or request to be continued after the notice has been published or are repeatedly incomplete with their presentation thereby requiring a continuance.]		$50/agenda item

  	NOTES:
  	1 "Number of lots" based on highest number of lots before or after the administrative subdivision.
  	2 Actual hourly review costs at five-hour minimum will be charged and collected at time of application submission; hours spent in excess of five hours will be billed to the applicant at the actual costs ($50/hour minimum); no final decision or recording will be completed until all fees have been paid.
  	3 "Acres" refers to acres to be disturbed (rounded up); fee cost is the greater cost based on the per-unit or per-acre formula cost.

[Added 10-19-1995 by Ord. No. 952; amended 9-8-1997 by Ord. No. 1016; 6-14-2004 by Ord. No. 2004-14; 5-10-2010 by Ord. No. 2010-12]

The following fee schedule for Zoning Board of Review fees is hereby adopted as follows:

• A. The penalty for any violation of this chapter, or for a violation of any terms or conditions of any action imposed by the Zoning Board, the Planning Board, the Zoning Enforcement Officer, or of any other agency or officer charged with enforcement of any of its provisions, shall reasonably relate to the seriousness of the offense, and shall not exceed $500 for each violation, and each day of the existence of any violation shall be deemed to be a separate offense. Any fine shall inure to the Town of Johnston.
• B. The Town of Johnston may also cause suit to be brought in the supreme or superior court, or any municipal court, including a municipal housing court having jurisdiction, in the name of the Town of Johnston, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The Town of Johnston may consolidate an action for injunctive relief and/or fines under this chapter in the superior court of the county in which the subject property is located.
• C. The remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

• A. Following a public hearing, the Zoning Board shall render a decision within a reasonable period of time. The Zoning Board shall include in its decision all findings of fact and conditions, showing the vote of each member participating thereon, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the Zoning Board within 30 working days from the date when the decision was rendered, and shall be a public record. The Zoning Board shall keep written minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations, findings of fact, and other official actions, all of which shall be recorded and filed in the office of the Zoning Board in an expeditious manner upon completion of the proceeding. For any proceeding in which the right of appeal lies to the superior or supreme court, the Zoning Board shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.
• B. Any decision by the Zoning Board, including any special conditions attached thereto, shall be posted in the office of the Town Clerk, mailed to the applicant, to the Zoning Enforcement Officer, and to the Associate Director of the Division of Planning of the Rhode Island Department of Administration. Any decision evidencing the granting of a variance or special use shall also be recorded in the land evidence records of the Town of Johnston.

The supreme court and the superior court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the Town of Johnston, instituted by its Town Solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity, or both:

• A. To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of this chapter, and to order its removal or abatement as a nuisance;
• B. To compel compliance with the provisions of this chapter;
• C. To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this chapter and to authorize the Zoning Enforcement Officer of the Town, in the default of the removal by the owner, to remove it at the expense of the owner;
• D. To order the reimbursement for any work or materials which shall have been done or furnished by or at the cost of the Town of Johnston;
• E. To order restoration by the owner, where practicable; and/or
• F. To issue fines and other penalties.

• A. An appeal from any decision of an administrative officer (including the Zoning Enforcement Officer) or any agency charged hereunder with the enforcement of any of the provisions of this chapter may be taken to the Zoning Board by an aggrieved party.
• B. An appeal from a decision of the Zoning Board may be taken by an aggrieved party to the superior court for the county in which the Town of Johnston is situated.

• A. An appeal may be taken by an aggrieved party to the Zoning Board from a decision of any other zoning enforcement agency or officer. The appeal shall be taken within 30 days of the date of the recording of the decision by the officer or agency by filing with the officer or agency from whom the appeal is taken, and with the Zoning Board, a notice of appeal specifying the ground thereof. The officer or agency from whom the appeal is taken shall forthwith transmit to the Zoning Board all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the Planning Board.
• B. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency or Zoning Enforcement Officer from whom the appeal is taken certifies to the Zoning Board, after an appeal shall have been duly filed, that by reason of facts stated in the certificate a stay would in the officer's or agency's opinion cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.
• C. The Zoning Board shall fix a reasonable time for the hearing of the appeal within 45 days after the filing of an application for appeal, give public notice thereof, as well as due notice to the parties of interest, and decide the matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the appellant.
• D. Participation in a zoning hearing or other proceeding by a party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, a knowing violation or law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
• E. In exercising its powers the Zoning Board may, in conformity with the provisions of R.I.G.L. § 45-24-27 et seq., reverse or affirm wholly or partly and may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. All decisions and records of the Zoning Board respecting appeals shall conform to the provisions of R.I.G.L. § 45-24-61 and § 340-127 of this chapter.

  Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

• A. An aggrieved party may appeal a decision of the Johnston Zoning Board to the superior court for the county in which the Town of Johnston is situated by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the Johnston Town Clerk. The decision shall be posted in a location visible to the public in the Johnston Town Hall for a period of 20 days following the recording of the decision. The Zoning Board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the Zoning Board shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.
• B. If, before the date set for hearing in the superior court, an application is made to the court for leave to present additional evidence before the Zoning Board and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for the failure to present it at the hearing before the Zoning Board, the court may order that the additional evidence be taken before the Zoning Board upon conditions determined by the court. The Zoning Board may modify its findings and decision by reason of the additional evidence and shall file that evidence and any new findings or decisions with the superior court.
• C. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the Zoning Board and, if it shall appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present the evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.
• D. The court shall not substitute its judgment for that of the Zoning Board as to the weight of the evidence on questions of fact. The court may affirm the decision of the Zoning Board or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:
  • (1) In violation of constitutional, statutory, or ordinance provisions;
  • (2) In excess of the authority granted to the Zoning Board by statute or ordinance;
  • (3) Made upon unlawful precedents;
  • (4) Affected by other error of law;
  • (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
  • (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Upon the entry of any case or proceeding brought under the provisions of R.I.G.L. § 45-24-27 et seq., including pending appeals and appeals hereafter taken to the court, at the request of either party, the court shall, in accordance with R.I.G.L. § 45-24-70, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

• A. An appeal of an enactment of or an amendment to this chapter may be taken to the superior court for the county in which the Town is situated by filing a complaint, as set forth herein, within 30 days after the enactment or amendment has become effective. The appeal may be taken by an aggrieved party or by any legal resident or landowner of the municipality or by any association of residents or landowners of the municipality. The appeal shall not stay the enforcement of this chapter, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.
• B. The complaint shall set forth with specificity the area or areas in which the enactment or amendment does not conform with the Comprehensive Plan and/or the manner in which it constitutes a taking of private property without just compensation.
• C. The review shall be conducted by the court without a jury. The court shall first consider whether the enactment or amendment of the chapter is in conformance with the Comprehensive Plan. If the enactment or amendment is not in conformation with the Comprehensive Plan, then the court shall invalidate the enactment or the amendment, or those parts of the enactment or amendment which are not in conformance with the Comprehensive Plan. The court shall not revise the ordinance to conform with the Comprehensive Plan, but may suggest appropriate language as part of the court decision.
• D. In the case of an aggrieved party, where the court has found that the enactment or amendment of the chapter is in conformance with the Johnston Comprehensive Plan, then the court shall next determine whether the enactment or amendment works as a taking of property from the aggrieved party. If the court determines that there has been a taking, the court shall remand the case to the legislative body of the municipality, with its findings that a taking has occurred, and order the Town to either provide just compensation or rescind the enactment or amendment within 30 days.
• E. The superior court shall retain jurisdiction, in the event that the aggrieved party and the Town do not agree on the amount of compensation, in which case the superior court shall hold further hearings to determine and to award compensation. Furthermore, the superior court shall retain jurisdiction to determine the amount of an award of compensation for any temporary taking, if that taking shall exist.
• F. The court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorneys' fees to any party to an appeal, as set forth herein, including the Town.

• A. Applications for development that are substantially complete and have been submitted for approval to the appropriate review agency in the Town of Johnston prior to enactment of this chapter or any amendment to this chapter shall be considered vested. An application shall be considered substantially complete when all required documents, including plans, together with required fees, are received by the official designated herein to receive such applications. For the purposes of this section, any application considered by the Town of Johnston shall be reviewed according to the regulations applicable in this chapter in force at the time the application was submitted.
• B. If an application for development under the provisions of this section is approved, a time limit of six months shall be set within which development of the property must begin and 12 months within which development must be substantially completed, unless a longer time period(s) is specifically set forth to the contrary in the original approval.

• A. Printed copies of this chapter and the Zoning Map shall be available to the general public and shall be revised to include all amendments. A reasonable charge may be made for copies to reflect printing and distribution costs.
• B. Upon publication of this chapter and the Zoning Map, and any amendments thereto, the Johnston Town Clerk shall send a copy, without charge, to the Associate Director of the Division of Planning of the Department of Administration of the State of Rhode Island, and the State Law Library.

Whenever the terms of this chapter require a higher standard of development or use than are required in any other statute, local ordinance or regulations with respect to lot area, yard dimensions, percent of lot coverage or other requirements, the provisions of this chapter shall govern. Wherever the provisions of any other statute, ordinance or regulation require a higher standard of development or use with respect to lot area, yard dimensions, percent of lot coverage or other requirements, the provisions of such statute, ordinance or regulations shall govern.

[Added 8-10-2010 by Ord. No. 2010-15]

[Amended 7-10-2017 by Ord. No. 2017-5]

The purpose of this section is to establish rules for interpreting the text of this article, to define certain words and terms, and to provide for the interpretation of this article by adoption of a technical dictionary. The definitions that follow and those included in R.I.G.L. Title 21, Chapter 28.6, govern the interpretation of words in this article. All words and phrases not defined will be interpreted and understood according to the common preferred usage of the language.

COMPASSION CENTER — 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.

MARIJUANA CULTIVATION CENTER — 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 — 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.

MEDICAL MARIJUANA FACILITY — 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.

TOWN INSPECTOR — 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.

[Added 7-10-2017 by Ord. No. 2017-5]

Medical marijuana facilities must:

• A. Be located at the cardholder's primary residence and if the cardholder does not own the property, the owner(s) shall provide written notarized acknowledgement of the proposed use at time of application.
• B. Apply for the following approvals, which applications shall be sealed and kept confidential and not subject to review by any party other than the cardholder:
  • (1) Inspection by the Fire Chief pursuant to R.I.G.L. § 23-28.1-1 et seq.
  • (2) A zoning certificate.
  • (3) All appropriate building, electrical, mechanical and plumbing permits as required.
• C. Comply with the following requirements:
  • (1) The area used for cultivation and growth is secured by locked doors and an alarm system;
  • (2) The area used for cultivation and growth has two means of ingress and egress;
  • (3) The area used for cultivation and growth is not below grade and not in a basement;
  • (4) The area used for cultivation and growth is not within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater, or as required per manufacturer specifications of such source;
  • (5) The area used for cultivation and growth has proper ventilation to mitigate the risk of mold;
  • (6) The area used for growing has carbon filters installed to reduce odors;
  • (7) Smoke alarms/detectors are installed in accordance with state fire code and/or to the satisfaction of the Fire Marshal;
  • (8) Compressed flammable gas is not used for the purposes of cultivation and growth;
  • (9) The cultivation and growth is not perceptible from the outside, including, but not limited to, odors or noises related to the cultivation and growth;
  • (10) The facility is not used and could not be used to enhance the effects of the tetrahydrocannabinol (THC) in the cardholder's usable or unusable medical marijuana;
  • (11) The facility is not being used and could not be used to extract any chemicals or oils from the cardholder's usable or unusable marijuana.
• D. Permit the right of entry for inspection to a Town Inspector or Building Official to inspect any facility if there is a reasonable belief that any provision of this article or the Medical Marijuana Act has, is, or will be violated.

  Editor's Note: See R.I.G.L. § 21-28.6-1 et seq.

Editor's Note: Former § 340-138, Use regulations; special use permit required, was repealed 7-10-2017 by Ord. No. 2017-5.

[Added 7-10-2017 by Ord. No. 2017-5]

All uses listed in Subsection 15, Special uses, of the Table of Use Regulations, Attachment 1 of this chapter, requiring a special use permit must meet the following standards for a special use permit to be granted:

• A. Application. The application must provide the legal name and address of the applicant. If the applicant is a corporation, the Articles of Incorporation, the name, address and date of birth of each principal officer and board member must be included with the application.
• B. Findings. In granting a special use permit, the Board must find that:
  • (1) The requested use at the proposed location will not adversely affect the economic welfare of the surrounding neighborhood;
  • (2) The requested use at the proposed location will not adversely affect the use of any property, public or private, used for school, park, playground, playfield, youth center, licensed day-care center, or other location where groups of minors regularly congregate;
  • (3) The requested use at the proposed location is sufficiently buffered in relation to any residential uses in the immediate vicinity so that it shall not adversely affect said uses; and
  • (4) The exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
• C. Location.
  • (1) All special use permits must be located at least:
    • (a) One thousand five hundred feet from the nearest house of worship, public or private school, park, playground, playfield, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
    • (b) Two thousand feet from any other compassion center and medical marijuana cultivation center; or
    • (c) One thousand feet from the Johnston Town lines.
  • (2) All special use permits except medical marijuana facilities must be located at least 1,000 feet from the nearest residential zoning district, lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this article and a B-1 or B-2 zoning business district.
  • (3) The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the use is proposed to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated use set forth above.
• D. Hours of operation. All special use permits except medical marijuana facilities may only operate between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday and may not be open to the public on Saturdays and Sundays.
• E. Lighting.
  • (1) Lighting shall adequately illuminate the compassion center and medical marijuana cultivation center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the front facade, and any adjoining public sidewalk.
  • (2) Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.
• F. Security. The proposed compassion center and medical marijuana cultivation center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational security alarm system. The Board may require the applicant to seek review and approval of the security measures from the Police Department.
• G. Parking. All uses permitted under this article must comply with the off-street parking and loading requirements and regulations of this chapter for the zoning district in which the use is located.
• H. No use permitted under this article shall be allowed a freestanding accessory sign.
• I. Violations. A violation of this article shall result in the loss of legal status in the Town of Johnston as a patient or caregiver cardholder in accordance with R.I.G.L. § 21-28.6. All inspectors, officials, and/or fire marshals shall be required to report a violation of the provisions of this section to the Rhode Island Department of Health.

[Added 5-9-2011 by Ord. No. 2011-4]

The purpose of this article is to ensure public safety, to minimize hazards to persons and property from flooding, to protect watercourses from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The Town of Johnston elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended) by adopting the within article pursuant to R.I.G.L. § 45-24-27 et seq., the Rhode Island Zoning Enabling Act of 1991.

Unless specifically defined below, words and phrases used in this article pertaining to floodplain management have the same meaning as they have in common usage and to give this article its most reasonable application.

ACCESSORY STRUCTURE — 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.

AREA OF SPECIAL FLOOD HAZARD — See the definition for "special flood hazard area."

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

BUILDING — See the definition for "structure."

COST — 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.

DEVELOPMENT — 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.

EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION — 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).

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that administers the National Flood Insurance Program (NFIP).

FLOOD INSURANCE RATE MAP (FIRM) — 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) — 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 — 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 — 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."

FUNCTIONALLY DEPENDENT USE OR FACILITY — 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.

HISTORIC STRUCTURE — 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.

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

MANUFACTURED HOME — 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.

MARKET VALUE — 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.

NEW CONSTRUCTION — 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 — 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.

RECREATIONAL VEHICLE — 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.

REGULATORY FLOODWAY — 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."

SPECIAL FLOOD HAZARD AREA (SFHA) — 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.

START OF CONSTRUCTION — 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.

STRUCTURE — 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.

SUBSTANTIAL DAMAGE — 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 — 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.

VARIANCE — 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.

VIOLATION — 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.

• A. Special flood hazard areas. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the Town of Johnston designated as Zone A, AE, AH, AO, A99, V, or VE on the Providence County Flood Insurance Rate Map (FIRM) and digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels that are wholly or partially within the Town of Johnston, Community No. 440018, on panels 44007C0283H, 44007C0284H, 44007C0292H, 44007C0301H, 44007C0303H, 44007C0304J, 44007C0311H, 44007C0312H, 44007CIND0D (Map Index) of the Providence County Flood Insurance Rate Map (FIRM) dated October 2, 2015, issued by FEMA for the administration of the National Flood Insurance Program and described in the Flood Insurance Study (FIS) report 44007CV001C, 44007CV002C, and 44007CV003C, revised October 2, 2015. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Providence County Flood Insurance Study (FIS) Report No. 44007CV001C, 44007CV002C, and 44007CV003C, revised October 2, 2015. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the Town Building Official.

  [Amended 11-9-2015 by Ord. No. 2015-17]

• B. Administrative provisions.
  • (1) Use permit. All proposed construction or other development within a special flood hazard area shall require a permit. If the construction or other development within a special flood hazard area is not covered by a building or other approved permit application, a flood hazard development permit shall be required. The application for a flood hazard development permit shall be submitted to the Building Official and shall include:
    • (a) The name and address of the applicant;
    • (b) An address or a map indicating the location of the construction site;
    • (c) A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;
    • (d) A statement of the intended use of the structure;
    • (e) A statement as to the type of sewage system proposed;
    • (f) Specification of dimensions of the proposed structures;
    • (g) The specific datum used for all elevations;
    • (h) The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;
    • (i) Base flood evaluation data for all new, relocated or substantially improved structures;
    • (j) The elevation (in relation to mean sea level) to which the structure will be floodproofed;
    • (k) The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
  • (2) Evidence of receipt of necessary permits; permit fee.
    • (a) Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.
    • (b) A permit fee (based on the cost of the construction) may be required to be paid to the Town of Johnston and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the Building Official and/or Board of Appeals needs the assistance of a professional engineer.
  • (3) Disclaimer of liability. The degree of flood protection required by the article is considered reasonable but does not imply total flood protection.
  • (4) Severability. If any section, provision, or portion of this article is adjudged unconstitutional or invalid by a court, the remainder of the article shall not be affected.
  • (5) Abrogation and greater restriction. This article shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this article imposes a greater restriction, the provisions of this article shall control.

• A. In a riverine situation, the Building Official shall notify the following of any alteration or relocation of a watercourse:
  • (1) Adjacent communities;
  • (2) NFIP State Coordinator, Rhode Island Emergency Management Agency, 645 New London Avenue, Cranston, RI 02920; and
  • (3) NFIP Program Specialist, Federal Emergency Management Agency, Region I, 99 High Street, 6th Floor, Boston, MA 02110.
• B. The carrying capacity of the altered or relocated watercourse shall be maintained.

• A. Reference to existing regulations.
  • (1) The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with the following:
    • (a) Rhode Island State Building Code (as established under R.I.G.L. § 23-27.3);
    • (b) Freshwater Wetlands Act, Department of Environmental Management (R.I.G.L. § 46-23-6); and
    • (c) Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (R.I.G.L. § 46-12).
  • (2) Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
• B. Other use regulations.
  • (1) Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
  • (2) Within Zone AO on the FIRM, new and substantially improved residential structures shall have their lowest floor at least as high as the FIRM's depth number above the highest adjacent grade and nonresidential structures shall be elevated or floodproofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO Zone, structures shall be elevated or floodproofed to at least two feet above the highest adjacent grade.
  • (3) In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town of Johnston FIRM or Flood Boundary and Floodway Map, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
  • (4) All subdivision proposals must be designed to ensure that:
    • (a) Such proposals minimize flood damage;
    • (b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
    • (c) Adequate drainage is provided to reduce exposure to flood hazards.
  • (5) Detached accessory structures in Zones A, AE, A1-30, AO, and AH (i.e., garages, sheds) do not have to meet the elevation or dry floodproofing requirement if the following standards are met:
    • (a) The structure is no more than 100 square feet in size and has a value less than $1,000.
    • (b) The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.
    • (c) The structure is used solely for the parking of vehicles and/or limited storage.
    • (d) The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of floodwater.
    • (e) The accessory structure shall be firmly anchored to prevent flotation, collapse, and lateral movement.
    • (f) Service facilities such as electrical, mechanical, and heating equipment must be elevated or floodproofed to or above the base flood elevation.
    • (g) The structure must not increase the flood levels in the floodway.
  • (6) Existing contour intervals of site and elevations of existing structures must be included on the plan proposal.
• C. Base flood elevation and floodway data.
  • (1) Floodway data. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
  • (2) Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
  • (3) Base flood elevations in A Zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and nonresidential structures to or above the base flood level and for floodproofing nonresidential structures to or above the base flood level.

• A. It shall be the duty of the Building Official, or designee, to enforce the provisions of this article. If the Building Official finds that any provisions of this article are being violated, he shall notify, in writing, the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it.
• B. When the above action does not result in the correction or abatement of the violation, the Town Solicitor, upon notice from the Building Official, is hereby authorized and directed to institute any and all actions, whether legal or equitable, necessary to enforce this article. Any person who continues to violate any provision of this article after receiving notice of such violation shall be guilty of a violation of this article and shall be subject to a fine of $500 for each violation. Each day such violation continues is a separate offense, and a violator shall be subject to a fine of $100 per day until the violation is corrected or abated.

[Added 10-11-2011 by Ord. No. 2011-3]

The purposes of this article are to:

• A. Conserve open land by setting aside from development those areas containing unique and sensitive natural features, including woodlands, steep slopes, streams, floodplains, wetlands, reservoirs and their drainage areas, and agricultural lands.
• B. Preserve historical, agricultural and archaeological resources.
• C. Provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce street length, utility runs and paving areas required for residential development.
• D. Provide diverse lot sizes and layouts.
• E. Provide housing choices for various age and income groups and residential preferences to maintain population diversity in the community.
• F. Implement municipal policies to conserve various irreplaceable and environmentally important resources as set forth in the Comprehensive Plan.
• G. Provide reasonable incentives to create greenways within the Town as set forth in the Comprehensive Plan.
• H. Implement land use, housing, environmental and open space policies as set forth in the Comprehensive Plan.
• I. Protect areas with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations.
• J. Create neighborhoods with direct visual and/or physical access to open land, amenities in the form of neighborhood open space, and strong neighborhood identities.
• K. Provide for the maintenance of open land set aside for active or passive recreational use, stormwater drainage and/or conservation.
• L. Conserve and create scenic views and preserve the semirural, small-town character of the Town.
• M. Provide buffers between new developments and existing neighborhoods, delicate natural features and habitats.
• N. Encourage low-impact development (LID) techniques to control and reduce stormwater impacts.

• A. The Planning Board may allow a proposed land development project or subdivision to be developed in the form of a conservation development only in R-40, R-20 and R-15 Zoning Districts.
• B. The option of developing land in the form of a conservation development shall be that of the applicant. The Planning Board may not require any subdivision or land development project to be developed as a conservation development without the written consent of the applicant.
• C. No dimensional or use variances may be granted for conservation developments. If dimensional variances are required, the project may not proceed as a conservation development and must be developed as a conventional subdivision.
• D. Authority to disallow conservation development.
  • (1) If an applicant requests approval of a conservation development, the Planning Board shall have the authority to disallow a conservation development and require a conventional form of development. In such an instance, the Board shall require the applicant to submit alternative plan(s) of a conventional development for the property proposed for development as a comparison, following the requirements and procedures for conventional developments provided in the Land Development and Subdivision Regulations. If the Board finds that the conventional subdivision alternative better meets the general purposes of the Subdivision Regulations and is not consistent with the purposes of conservation developments as set forth in § 340-140 herein, the Board may require the application to be reviewed as a conventional development.

    Editor's Note: The most current regulations are on file in the Town offices.

  • (2) For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the Master Plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the initial concept review meeting.
• E. Administrative subdivisions and subdivisions that create lots which are not intended for future development (e.g., open space lots) shall not be required to be developed as a conservation development.
• F. In R-15 Zoning Districts, all conservation developments shall be provided with public water and public sewer services. Privately owned individual or community wells, sewage treatment systems, or on-site wastewater treatment systems (OWTS) shall not be allowed for individual lots in a conservation development in these zoning districts.
• G. In R-20 zoning districts, all conservation developments shall be provided with either public water or public sewer service, or both.

• A. Permitted residential uses in a conservation development are as follows:
  • (1) Single-family dwelling;
  • (2) Two-family duplex dwelling in R-15 Zoning Districts only;
  • (3) Accessory family dwelling units are permitted in a conservation development by special use permit only. These units do not count toward the maximum number of dwellings allowed in a conservation development; and
  • (4) Community residences.
• B. Open space uses. The open space in a conservation development shall be devoted only to conservation purposes, for park and recreation uses, or for the preservation and management of agricultural, habitat or forestry resources. The following provisions shall apply:
  • (1) Any use listed in the Table of Use Regulations in Subsection 1, Agricultural uses. Uses marked with a "P" are permitted by right; uses marked with an "S" are permitted by special use permit; uses marked with an "N" are prohibited in a conservation development.

    Editor's Note: Said table is included at the end of this chapter.

  • (2) In all conservation developments, the uses listed below shall be permitted by right within the open space areas:
    • (a) Reservations for the production or protection of wildlife (hunting prohibited), including conservation lands, wildlife preserves, forest management activities, and woodlots; and
    • (b) Passive recreation, hiking trails and walking trails.
  • (3) In all zoning districts where conservation developments are permitted, stormwater drainage areas may also be allowed in open space areas subject to the approval of the Planning Board in accordance with the applicable provisions of the Subdivision Regulations and the Rhode Island Stormwater Design and Installation Manual.
  • (4) Buildings, structures, parking areas, or other impervious improvements which are accessory to and subordinate to a permitted open space use may be located on any open space lot, provided that, in all cases, they occupy no more than 2,000 square feet or 2% of the total open space area of the conservation development, according to whichever is less.
  • (5) The required amount of open space in a conservation development shall be as provided in § 340-151B herein.

The maximum number of dwelling units permitted in a conservation development shall not exceed the number of single-family lots (or dwellings) which reasonably could be expected to be developed on the conservation development site under a conventional yield plan as defined in § 340-4 herein, and as further described in Section III.J.8 (Basic Maximum Number of Dwelling Units) of the Subdivision Regulations. All provisions of these Subdivision Regulations, Section III, Article A.2, regarding lands with slopes and lands with wetlands shall apply.

Editor's Note: The most current Subdivision Regulations are on file in the Town offices.

• A. Land unsuitable for development means land which has environmental constraints or physical constraints to development. The following regulations shall apply to proposed future residential lots and open space in a conservation development only. Land unsuitable for development includes the following areas:
  • (1) Land under water bodies or surface water area, as defined by the Rhode Island Department of Environmental Management;
  • (2) Freshwater wetlands, including that area of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp, or pond (also referred to as the wetland buffer), but excluding any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by § 2-1-20 of the General Laws of Rhode Island (1987), as amended;
  • (3) Existing or proposed streets or rights-of-way, public or private;
  • (4) Land within any publicly or privately held easement in which aboveground electric transmission lines greater than 69 KV, gas lines, or Town drainage easements are existing or proposed;
  • (5) Areas of steep slope in excess of 8%;
  • (6) Lands located within an area of special flood hazard as defined by the most current Flood Insurance Rate Maps and Flood Hazard Boundary Maps prepared by the Federal Emergency Management Agency for the Town, except where the Planning Board determines that an engineering design for the proposed development will overcome or mitigate the constraint without adverse environmental impact.
• B. Land unsuitable for development defined in Subsection A(1) to (6) above may be included as part of any lot in a conservation development but may not be included in the calculation of minimum lot area as provided in Table 1—Lot Dimensional Requirements in a Conservation Development incorporated herein. In addition, land unsuitable for development may be included as part of any open space area, but may not be included in the calculation of minimum required open space as provided in Table 2 below.

The dimensional regulations provided in Table 1 shall apply to each lot in a conservation development. No variance shall be granted for dimensions to a conservation development. If variances are required, the project shall be completed as a conventional subdivision.

Every conservation development shall provide protected open space in accordance with the following requirements and standards:

• A. The open space shall be established as a lot or lots separate and distinct from the lots intended for residential and accessory uses and from land dedicated as street rights-of-way.
• B. The minimum amount of required open space area shall be based on a percentage of the land suitable for development in the entire conservation development as provided in Table 2 below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined in § 340-149.

  	Table 2 Open Space Requirements (minimum percentage of total land area*)
  	Zoning District	Infrastructure (water and sewage)		Minimum Total Land Area (acres)	Minimum Percentage of Total Land Area Suitable for Development
  	R-40	On-site well and OWTS			50%
  		Public water or public sewer		20	60%
  		Public sewer and public water			70%
  	R-20	Public sewer and public water		6	50%
  		Public water or public sewer			25%
  	R-15	Public sewer and public water	Single-family	5	50%
  			Duplex		30%

  	NOTE:
  	*Land area suitable for development.

• C. Ownership of open space.
  • (1) Ownership of open space provided by a conservation development for public or common use shall be subject to approval by the Planning Board and Legal Department review and approval and either:
    • (a) Be conveyed to and accepted by a corporation or trust owned or to be owned by the owners of lots or units within the development or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units;
    • (b) Remain in private (noncommon) ownership if the use is limited to agriculture, habitat or forestry. In accordance with the Comprehensive Plan and this chapter, it is determined that private ownership may be necessary for the preservation and management of the agriculture, habitat or forest resources. In such cases, the Planning Board, as part of its review of a conservation development, shall make positive findings as part of the record, setting forth the basis for such ownership;
    • (c) Be conveyed to and accepted by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or
    • (d) Be conveyed to and accepted by the Town for park, open space, agricultural, or other permitted use or uses; Town Council approval shall be required for any conveyance to the Town, upon recommendation of the Planning Board.
  • (2) The open space land in a conservation development may be owned by the Town of Johnston Municipal Land Trust or the Providence Water Supply Board (PWSB), upon approval of the Planning Board. Town Council approval shall be required for any conveyance to the Municipal Land Trust.
• D. The Planning Board may limit or restrict the amount of open space that may remain in private ownership where necessary to contribute to a connecting greenway system or to provide public access to open space, as provided in the Comprehensive Plan.
• E. In any case where the land is not conveyed to the Town, a conservation restriction, in perpetuity, enforceable by the Town and by any owner of property in the land development project in which the land is located, shall be recorded, providing that the land be kept in the authorized condition(s) and not be built upon or developed.
• F. All open space land provided by a conservation development or other land development project shall be subject to a management plan approved by the Planning Board that specifies the permitted uses for the open space.
• G. The perpetual maintenance of all open space shall be guaranteed by appropriate deed restrictions and by the grant of a conservation or preservation restriction to the Town pursuant to Title 34, Chapter 39, of the Rhode Island General Laws, as amended. The Planning Board or Administrative Officer shall approve the form and content of all deed restrictions at the time of final approval of the subdivision. Every deed restriction providing a maintenance guarantee shall contain the following provision:

  "If the owners, or their successors or assigns, fail to maintain the open space or any improvements thereon, the Town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns."

• H. In addition to the conservation restriction granted to the Town in Subsection G above, the development rights and other conservation easements on the open space land shall be held in perpetuity by at least one entity other than the Town, which entity shall be a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.
• I. The ownership of open space land and the granting of all conservation and preservation restrictions on such land shall be approved by the Planning Board. Prior to their decision, the Planning Board shall request an advisory opinion from the Town Solicitor and the Technical Review Committee, if constituted.
• J. Open space land shall be prohibited from further subdivision or redevelopment/reuse. If Town-owned, land shall not be developed for a municipal purpose other than open space and/or passive recreation (excluding any and all forms of hunting).

[Added 4-9-2012 by Ord. No. 2010-21]

The purpose of this article is to protect the public health, safety, and general welfare of residents while accommodating the telecommunications needs of residents and businesses and preserving the intrinsic aesthetic character of the community. By establishing parameters for the siting, construction, and modification of wireless telecommunications facilities, it is the Town of Johnston's intent to:

• A. Facilitate access to reliable wireless communications services for residents and businesses throughout the Town of Johnston;
• B. Ensure compliance of telecommunications facilities with current applicable federal, state, and local regulations, including the Telecommunications Act of 1996;
• C. Designate appropriate zoning districts and establish other requirements for the siting of telecommunications facilities in accordance with Town zoning, planning, and design standards and policies;
• D. Encourage the co-location of telecommunications facilities on existing towers, utility poles, and other structures to minimize new construction;
• E. Limit the location of new towers to industrial zones;
• F. Minimize potential adverse effects through the implementation of design, screening, landscaping, and construction standards, as well as siting and setback requirements;
• G. Establish standards and criteria for evaluating fair and reasonable procedures for processing telecommunications facility applications; and
• H. Provide for the removal of abandoned and unsafe telecommunications towers and antennas.

As used in this article, the following terms shall have the meanings indicated:

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

ANTENNA — 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."

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

BACKHAUL NETWORK — 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.

BUILDING-MOUNTED FACILITY — Antenna mounted on an existing structure such as a lattice tower, stack, water tower, or rooftop installation.

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

DISGUISED FACILITY — 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.

FAA — Federal Aviation Administration.

FALL ZONE — 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.

FCC — Federal Communications Commission.

HEIGHT — 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.

LATTICE TOWER — 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).

MONOPOLE — 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.

POLE-MOUNTED FACILITY — 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.

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

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

• A. Upon receipt of a special use permit from the Zoning Board of Review, the following five types of new wireless telecommunications facilities shall be permitted in the Town of Johnston, in accordance with § 340-8:
  • (1) Lattice towers. An applicant must demonstrate that adequate telecommunications service cannot be achieved with a monopole, building-mounted facility, disguised facility, or pole-mounted antenna, in accordance with § 340-157.
  • (2) Monopoles. No monopole shall be approved unless the applicant demonstrates that the need for wireless telecommunications services that will be satisfied by constructing the monopole cannot, for technological, legal, or economical reason other than the financial circumstances of the applicant, be reasonably satisfied by co-locating on an existing or approved tower or by using or constructing one or more building-mounted facilities, pole-mounted antennas, or disguised facilities. The applicant must further prove that it has made all reasonable efforts to procure antenna space on existing facilities and that the cost of co-location exceeds the cost of a new monopole facility by at least 50%.
  • (3) Building-mounted facilities. Wireless telecommunications facilities shall be permitted on existing buildings and structures subject to the requirements of this article, except that no building-mounted facility shall be approved unless the applicant demonstrates that the need for wireless communications services that will be satisfied by means of a disguised facility cannot, for technological, legal, or economical reasons, be reasonably satisfied by co-locating on an existing or approved tower or by using or constructing one or more pole-mounted or disguised facilities.
  • (4) Disguised facilities. A disguised facility shall be permitted as a new facility or interior to an existing facility subject to all applicable provisions of this article, except that no disguised facility shall be approved unless the applicant demonstrates that the need for wireless telecommunications service to be satisfied by means of a disguised facility cannot, for technological, legal, or economical reasons, be reasonably satisfied by co-locating on an existing or approved tower or by using or constructing one or more pole-mounted facilities.
  • (5) Pole-mounted antennas. Pole-mounted antennas, including distributed antenna systems, shall be permitted on existing poles or standards subject to the requirements of this article.
• B. If an applicant demonstrates that the purposes of the Federal Telecommunications Act cannot be achieved without the construction of a new lattice tower, approval for such facility will be subject to review and approval of the Planning Board as a major land development in accordance with the Town of Johnston Land Development and Subdivision Regulations and issuance of a special use permit by the Zoning Board as set forth in § 340-157.

  Editor's Note: The most current regulations are on file in the Town offices.

• A. As part of the building permit process, the Building/Zoning Official may approve, by right or by right with conditions, the following wireless communications facilities (assuming that the facilities meet FCC regulations):
  • (1) Co-location of antenna array systems on an existing or approved wireless telecommunications tower, provided that:
    • (a) The antenna complies with all applicable building codes;
    • (b) Structural analysis is conducted, as required by the Building Official and stamped by a Rhode Island registered professional engineer indicating that the structure is appropriate for the proposed load;
    • (c) Ground-level facilities meet the landscaping requirements in § 340-27.2;
    • (d) An electromagnetic study is conducted to demonstrate that there will be no interference with existing signals;
    • (e) The owners of the tower upon which antenna arrays are proposed for co-location shall comply with the requirements of § 340-158; and
    • (f) A copy of the lease or other agreement by which the owner of the tower permits co-location shall be filed with the Zoning Official within 30 days after it has been signed or before installing the additional antenna, whichever occurs first. Before the lease or agreement is filed, it may be edited to block disclosure of financial or other sensitive information.
  • (2) Installation of antennas, not towers, upon the roof of any building, 10 stories or higher, located within any zoning district.
  • (3) Installation of pole-mounted antennas, including distributed antenna systems on existing utility poles or standards, if the applicant has demonstrated that the need for wireless telecommunications services cannot be reasonably satisfied by using an existing or approved tower or by using or constructing one or more disguised facilities. Pole-mounted antennas shall be of a color that is identical to or closely compatible with the color of the structure on which they are mounted.
  • (4) Disguised facilities located within existing buildings. The applicant shall have the burden of proof to demonstrate that no component of the system will be visible from the exterior.
  • (5) Monopole construction in industrial zones.
  • (6) The applicant shall pay an administrative fee of $1,000 for review.
  • (7) The applicant shall prepare a two-hundred-foot radius map and submit a mailing list of all property owners to the Town. The Building/Zoning Official shall mail notice to all property owners within the two-hundred-foot radius via first-class mail, requesting comments within 14 days of the date of said notice.
  • (8) The applicant shall comply with the requirements provided in §§ 340-156 and 340-157.
• B. Special use permits shall comply with §§ 340-156 and 340-8 with regard to the following:
  • (1) A new lattice tower construction;
  • (2) A monopole construction in the R-15, R-20, R-40, B-2, B-3 and PMUD Zones;
  • (3) A building- or structure-mounted facility; and
  • (4) A disguised facility in a new structure or within a preexisting structure with visibility from the exterior.
• C. If it is demonstrated that the purposes of the federal Telecommunications Act cannot be achieved without the construction of a new lattice tower or modification of an existing tower, approval for such facility will be subject to review and approval as a major land development in accordance with the Town of Johnston Land Development and Subdivision Review Regulations by the Planning Board in accordance with § 340-157 and a special use permit by the Zoning Board in accordance with § 340-156.

The following conditions apply to wireless telecommunications facilities requiring special use permits as indicated in § 340-8.

• A. General requirements for applicants seeking a special use permit. The applicant shall have the burden of producing evidence to satisfy all applicable requirements and standards set out in this article. Applicants seeking a special use permit to construct or substantially modify a wireless telecommunications facility shall:
  • (1) Meet with the Zoning Official for a preapplication conference to review the proposed project and permitting requirements.
  • (2) Provide documentation that the standards of development as required in § 340-154 are adequately addressed. The technological, legal or economic basis for why the proposed facility could not be located on an existing or approved facility shall be provided. The documentation shall be prepared by a duly licensed engineer or other person qualified by education or experience and shall address the reason(s) why the proposed facility could not be accommodated:
    • (a) Without causing/being subject to or causing unacceptable interference with/from the operation of an existing or planned telecommunications or other type of electronic facility or equipment, and that such interference could not be prevented or eliminated at a reasonable cost.
    • (b) On an existing or approved tower due to structural deficiencies, and the reason(s) why such deficiencies could not be eliminated at a reasonable cost.
    • (c) On an existing or approved tower or other structure because no other reasonably available tower or structure could accommodate the facility's antenna at the height necessary for the communications services to be offered.
    • (d) On an existing or approved tower or other structure for other valid reasons.
  • (3) A description of all proposed equipment, buildings or boxes, including proposed shielding and material details. No externally visible accessory equipment structures shall be allowed in connection with building-mounted facilities, disguised facilities, or pole-mounted antennas except as otherwise permitted by this article.
  • (4) A report from a licensed engineer affirming that the proposed telecommunications facility will comply with applicable emission standards of the FCC and that the installation of the facility will not interfere with public safety communications.
  • (5) Inventory and master plan report. Each application for a wireless telecommunications facility shall include an inventory report of the applicant's existing or approved towers and antennas in Johnston and within one mile of the Town of Johnston's border. This report shall become part of the public record and may be used by relevant Town entities and officials in connection with future applications from other applicants. The inventory report shall specify:
    • (a) Identification of the entities providing the backhaul network and other wireless sites owned or operated by the applicant in the municipality;
    • (b) Type, design, and location of each tower and antenna, and longitude and latitude of each tower of all wireless communications providers;
    • (c) Owner/operator of each existing tower(s), if known;
    • (d) Ability of each tower to accommodate additional antennas; and
    • (e) Height of support structures on which the applicant's existing antennas are located (where applicable).
  • (6) A plan set to include the following, or as requested by the Building/Zoning Official during the preapplication conference:
    • (a) A scaled site plan clearly indicating the location, type and height of proposed wireless communications facilities, ground-level structures, on-site land uses and zoning, fall zone diameter, land uses and zoning within 200 feet of the subject parcel, adjacent roadways, proposed means of access, setbacks from property lines, topography, unique features, including wetlands, historic sites, cemeteries and endangered habitats, and other information deemed necessary by the Building/Zoning Official in order to assess compliance with this article;
    • (b) Elevation drawings of the proposed wireless communications facility and any other existing or proposed structures on the parcel;
    • (c) Area map of the public notice area (radius map), including roads, parcels, zoning and Johnston Comprehensive Community Plan Future Land Use Map classification;
    • (d) The setback distance between the proposed wireless communications facility and the nearest residential unit or vacant residentially zoned parcel;
    • (e) A landscape plan showing specific landscape materials (if required by the Building/Zoning Official); and
    • (f) Fencing, and finished color and method of camouflage and illumination (if required by the Building/Zoning Official). All telecommunications facilities shall be protected against access by children and other unauthorized persons to the maximum extent reasonably possible for the type and location of the facility. Security measures shall include vandal-resistant accessory equipment structures.
  • (7) Legal description of the parent tract and leased parcel (if applicable).
  • (8) Structural analysis as requested by the Building/Zoning Official, stamped by a Rhode Island registered professional engineer. Said analysis shall consider the weight of both proposed and existing antenna mounts.
  • (9) A description of compliance with all applicable federal, state or local laws.
  • (10) Proof of ownership of the proposed site or of a contractual right to its long-term use, and evidence that necessary easements have been or will be acquired.
  • (11) The applicant shall comply with the requirements provided in § 340-158.
  • (12) The Zoning Board of Review is authorized to hire outside consultants, at the applicant's expense, as necessary to fully evaluate the design and potential impact of the proposed wireless telecommunications facility.
• B. Specific requirements.
  • (1) Monopole. No more than one exterior array shall be permitted. An application shall also be subject to the following:
    • (a) Monopoles shall be adequately separated from residential uses both on and off of the subject parcel in accordance with § 340-156B(1)(a)[1] and [2]. Separation distances shall be measured from the base of the tower to the foundation of the closest residential use or property line of an undeveloped residential zone and shall comply with either of the following minimum standards:
      • [1] One hundred feet or 300% of the height of the monopole, whichever is greater, to single-family units, including mobile homes, or duplex units.
      • [2] Seventy feet or 150% of the height of the monopole, whichever is greater, to existing multifamily units with more than two units.
    • (b) The fall zone of a monopole must be entirely located within the dimensional setbacks for the subject parcel for the zoning district as indicated in § 340-9.
    • (c) The Building/Zoning Official's approval of the monopole color with the objective being that the color be compatible with and complementary to the surroundings.
    • (d) Visual analysis.
      • [1] The applicant shall submit visual impact demonstrations using computer-generated photographic simulations of the proposed facility as it would be seen from residential areas, public rights-of-way, public parks, and other sites as deemed appropriated by the Zoning Official.
      • [2] Visual impact demonstrations shall be submitted comparing the proposed facility to an existing monopole or other structure recommended by the Zoning Official.
    • (e) Height shall be subject to Federal Aviation Administration approval and fall zone requirements.
  • (2) Building-mounted facilities on a building less than 10 stories or 80 feet in height, whichever is less. The following additional information shall be provided on or with the site plan for building-mounted facilities that do not qualify as disguised facilities in accordance with this article:
    • (a) A plan, drawn to scale, showing where and how the proposed antenna will be affixed to a particular building or structure.
    • (b) An operations and maintenance plan shall be provided to the Department of Public Works for any antenna mounted on a municipal building or structure, such as a water tower. This plan shall address how water tank cathodic protection will be maintained during antenna installation and will clearly define responsibilities for the carrier during water tank maintenance and painting. Approval of the Department of Public Works is required prior to requesting a lease agreement with the Town Council.
    • (c) The maximum height of a building-mounted antenna shall be 20 feet above the highest point of the roof, excluding chimneys and other appurtenances.
    • (d) The exterior components of building-mounted facilities shall be of a color that is identical to, or closely compatible with, the color of the building and shall be located on the building at the point of least visibility to persons on adjacent property, unless such location is shown to be impractical for substantial reasons.
    • (e) Telecommunications equipment inside building-mounted facilities shall be designed and located to ensure limited access, for authorized persons only, such as by locating it in a separate lockable room, cage or box, and access to antennas attached to the roof of the building shall be through a lockable door.
  • (3) Disguised facilities.
    • (a) Existing structures.
      • [1] An applicant for a disguised facility to be located in or on an existing structure shall submit, as part of the permit application, at least four color photographs of the structure containing or constituting the disguised facility taken within the month preceding the filing of the application. Such photographs shall be approximately eight inches by 10 inches in size and shall show clearly each side or facade of the existing structure as it appears to observers located on adjacent property.
      • [2] Telecommunications equipment inside disguised facilities in existing structures shall be disguised and located to ensure limited access for authorized persons only, such as by locating the equipment in a separate lockable room, cage or box.
    • (b) New structures. The maximum height of a disguised facility which is not located in an existing building shall be subject to the fall zone provisions § 340-153. An application for a disguised facility in a new structure shall include the following:
      • [1] A site map showing the location of the proposed facility and all existing structures on the lot;
      • [2] One or more sketches or drawings of the proposed facility including all of the existing structures on the lot; and
      • [3] One or more photographs of the completed facility. Approval of an application for a disguised facility shall be conditioned on submission of the photograph(s) to the Building/Zoning Official within one month after completion of the facility. If the facility is located in or on an existing structure, this submission shall consist of a set of photographs corresponding in all respects to the photographs submitted as part of the permit application, except that the photographs required by this subsection shall be taken after completion of the facility. If the facility is a new structure, the photograph or photographs shall correspond as closely as reasonably possible to the sketches or drawings submitted with the application.

New lattice wireless communications towers shall be approved by the Zoning Board as a special use on property zoned industrial in accordance with § 340-156A and B and by the Planning Board as a major land development project in accordance with the Johnston Land Development and Subdivision Review Regulations. Said towers are prohibited in all other zoning districts.

• A. Procedure.
  • (1) All applicants must attend a preapplication conference with the Administrative Officer and Zoning Official to familiarize applicants with Town regulations.
  • (2) Concept plan, master plan, preliminary plan and final plan approval by the Planning Board shall be required in accordance with the Town of Johnston Land Development and Subdivision Review Regulations as a major land development project. The Planning Board shall have the right to impose certain conditions to protect health, safety and welfare.
  • (3) Approval shall be subject to Zoning Board approval of a special use permit, in accordance with § 340-156.
  • (4) Town Council approval shall be required for all facilities to be located on Town property.
• B. Additional requirements for Planning Board review.
  • (1) Separation distances from residential use. Lattice towers shall be adequately separated from residential uses located both on and off of the subject parcel. Separation distances shall be measured from the base of the tower to the foundation of the closest residential use or to the property line of vacant residentially zoned property and shall comply with either of the following minimum standards:
    • (a) Two hundred feet or 300% of the tower height, whichever is greater, to single-family units, including mobile homes, duplex units, or residential zone line other than R-7 if the property is not developed.
    • (b) One hundred feet or 150% of the tower height, whichever is greater, to existing multifamily units greater than duplex units, or R-7 Zone line if the property is not developed.
  • (2) Lot size. Telecommunications towers shall not be located on any lot less than 20,000 square feet in area. The dimensions of the entire lot shall be used, whether or not the tower is to be located on a leased parcel within such lot, in order to determine compliance with Town development regulations, including but not limited to setback and lot coverage requirements.
  • (3) Setbacks. The fall zone shall not extend into any dimensional front, side or rear yards of the subject property as defined in § 340-9. Telecommunications facilities including guy wires and accessory buildings shall meet all setback requirements for the district in which they are located. For purposes of this article, all buildings and other structures for communications equipment shall be considered part of the principal use for setback requirements.
  • (4) Fall zone. Communications towers shall be located on the site so as to provide for a fall zone in which no structures may be placed except associated structures for telecommunications equipment, storage sheds, garages, and other unpopulated buildings. The purpose of this zone is to safeguard citizens and property during hurricanes and other storms from the dangers of a falling or collapsing tower structure and windborne objects or debris from the structure.
  • (5) Co-location. Communications towers shall be designed for and shall be permitted as a special use to accommodate additional co-locations of antennas. A statement signed by the owner or an authorized agent shall acknowledge that the tower will be designed and constructed to accommodate the equipment of a minimum of four additional competitive carriers and shall agree to provide for the shared use of the tower at reasonable and prevailing market lease rates.
  • (6) Tower design. A plan shall be provided by a professional engineer registered in the State of Rhode Island showing the design of the tower, including a cross-section view, elevations, and a description of capacity, with the number and type of antennas to be accommodated, as well as the proposed location of all mounting positions for four additional co-located antennas and the minimum separation distances between antennas. A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be subject to this requirement.
  • (7) Site plan. The applicant shall provide a scaled site plan prepared by a licensed land surveyor clearly indicating the following:
    • (a) Location, type and height of the proposed tower;
    • (b) Fall zone and setbacks;
    • (c) Other structures and uses or activities on site and on all properties within 200 feet of its perimeter;
    • (d) Adjacent roadways;
    • (e) Proposed means of access;
    • (f) Elevation drawings of the tower and all other proposed structures;
    • (g) Topography;
    • (h) Proposed parking areas;
    • (i) Zoning classification for the site and adjacent property on all sides;
    • (j) Surrounding tree coverage and height of foliage;
    • (k) Proximity to sensitive resource areas, including historic, scenic, wetlands, or threatened and endangered habitats; and
    • (l) Other information deemed necessary by the Administrative Officer to assess compliance with this article.
  • (8) Certification. Certification by a licensed structural engineer that the design of any new communications tower or substantial modification of an existing tower will comply with the latest version of the American Institute of Steel Construction Code Standards (TIA/EIA-22-F) and American Concrete Institute (ACI 318) Standards.
  • (9) Future wireless facility locations. A description of the feasible location(s) of future towers or antennas within the Town based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
  • (10) FAA. A report or letter from the FAA indicating a lack of objection to the proposed tower or that the design of the proposed tower does not violate applicable FAA requirements.
  • (11) Height. The height of a structure shall be in accordance with the fall zone requirements provided in § 340-157B(4).
  • (12) Lighting. Telecommunications towers and antennas shall not be illuminated and shall not display any lights, unless:
    • (a) One or more lights are specifically required by the FAA or other governmental authority; and
    • (b) The requirement for lights cannot be eliminated by reducing the height of the tower and/or antenna to the minimum height at which its intended use is feasible. In this instance, the lighting shall be designed to cause the least disturbance possible to surrounding views.
  • (13) Signs. Each telecommunications tower site shall display a nonilluminated identification sign containing the corporate name of the owner and an emergency telephone number. At the owner's option, the sign may also contain a corporate logo and/or a mailing address, but no other information or graphics. The sign shall be:
    • (a) Made of durable, graffiti-resistant material;
    • (b) Not greater than three square feet in area; and
    • (c) Posted in a place visible to the general public. No other signs shall be displayed on the tower or at the site unless expressly required by a federal or state agency.
  • (14) Accessory equipment structures. Accessory equipment structures at tower sites shall not contain more than 150 square feet of gross floor area for all accessory equipment for all carriers or be more than 15 feet in height. Accessory equipment structures may be partially or completely located underground, and underground space shall not be counted in determining the maximum size of the structure. Wireless communications equipment shall not be considered accessory uses pursuant to § 340-9 and is not permitted within the front, side or rear yards of the parcel.
  • (15) Aesthetics. Buildings and related structures at tower sites shall blend, to the extent possible, with the natural setting and surrounding buildings through materials, colors, textures, screening, and landscaping. The applicant shall provide a landscape plan showing specific landscape materials and fencing details and color.
  • (16) Visual impact preview. All applicants shall comply with the following visual impact requirements:
    • (a) Comparative height illustration. The purpose of this requirement is to show the relative height of a proposed telecommunications tower as compared to landmarks familiar to Johnston residents.
      • [1] Applicants shall submit visual impact demonstrations using computer-generated photographic simulations of the proposed facility as it would be seen from all angles. Simulated views shall be provided from the maximum distance from which any portion of the structure will be visible. Views shall be provided from residential areas, public rights-of-way, public parks, and other sites as deemed appropriate by the Administrative Officer.
      • [2] Visual impact demonstrations shall be submitted comparing the proposed facility to an existing lattice tower facility familiar to residents or such other structure that may be recommended by the Administrative Officer.
    • (b) The applicant shall successfully demonstrate that the proposed tower will have minimal visual impact. The term "minimal visual impact" means that there are no other reasonably available sites in the Town that will provide the same level of telecommunications service with less visual impact than the proposed facility, as measured by the standards set forth in this section. The fact that another site would require more towers or other facilities to achieve the same level of service may be taken into consideration but shall not be determinative if the other site would have less overall visual impact. In determining whether the minimal visual impact requirement has been satisfied, the Board shall consider, among other factors:
      • [1] The height of the proposed tower as compared to the height of other nearby structures, the elevation of the site, and the distance from which the tower would be observable from various locations in the Town; and
      • [2] Telecommunications tower sites shall be landscaped with a buffer of plant materials that effectively screens the view of the base of the tower and any accessory equipment structures from adjacent property. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as when towers are sited on large, wooded lots, natural growth around the property perimeter may provide a sufficient buffer. In locations where the visual impact of the tower would be minimal, landscaping requirements may be reduced or waived.
  • (17) Fencing. Telecommunications towers, including any guy wires and accessory equipment structures, shall be surrounded at a minimum distance of 10 feet with opaque climb-resistant fencing eight feet high. Gates allowing access to the tower shall be of the same material and height as the fence and shall be equipped with strong weatherproof locks. Any ladder or other means of climbing to the tower shall be separately protected against unauthorized climbing by a lock or other means.
  • (18) Building codes and safety requirements. To ensure the structural integrity of a tower, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
    • (a) If, upon inspection, the Town concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards.
    • (b) Failure to bring such tower into compliance within the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
  • (19) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense, in accordance with § 340-158 through the execution of the posted security.
  • (20) The applicant shall comply with the requirements provided in § 340-158.

Editor's Note: The most current regulations are on file in the Town offices.

• A. Insurance. Liability insurance in an amount not less than $1,000,000 shall be maintained by the owner and operator of a wireless telecommunications tower until the tower is dismantled and removed from the site. Failure to maintain insurance coverage shall constitute a violation of this article and be grounds for revocation of a permit.
• B. Performance bond. The owner or operator of a wireless telecommunications facility shall obtain and keep in force, as long as the facility is located on the site, a performance bond payable to the Town in the amount of not less than $50,000, or such other greater amount as found by the Town Engineer to cover the estimated reasonable costs of removal of the tower, including direct and administrative costs associated with demolition, dismantling, removal and disposal of the tower by the Town or its contractor, and site restoration, if the owner or operator fails to comply with the requirements of this article.
• C. The requirements of this article shall supersede any and all other applicable standards found elsewhere in Town Ordinances or regulations that are less strict.

• A. Certification of continued operation. On or before February 1 of each year, the owner of a telecommunications facility shall file a certification with the Building/Zoning Official as to the continued operation of the facility, including all co-located facilities. Failure to file the certification shall create a rebuttable presumption that the facility has been abandoned. Such certification shall be on a form provided by the Building/Zoning Official and shall contain, to the extent possible:
  • (1) An affirmation that each telecommunications tower and antenna in the facility is currently in operation or, if not, the owner's plans with respect to renewed operation of removal of the tower or antenna;
  • (2) A statement whether any tower or antenna is expected to cease operation within the next year;
  • (3) A current list of all tower user names, and the name and mailing address of an agent of each user authorized to receive communications from the Town;
  • (4) A description of the insurance coverage on all facilities, including the name and mailing address of a claims agent for each insurer; and
  • (5) Any other information which the Zoning Official believes is relevant to monitor compliance with the provisions of this article.
• B. Certification of continued structural integrity. Every five years, or within 60 days after a catastrophic act of nature or other emergency that might affect the structural integrity of the tower, the owner shall file with the Building Official a certification of continued structural integrity prepared and signed by a licensed engineer. The certification shall affirm that a thorough and complete inspection of the tower was conducted and that the tower and all accessory structures are and will continue to perform as originally designed.
• C. Abandonment. A wireless telecommunications facility shall be removed by the owner within 365 days after it ceases to be operated. The owner of such antenna or tower shall remove the same within 30 days of receipt of notice from the Town notifying the owner of such abandonment. Upon removal, the site shall be restored to its previous appearance and, where appropriate, revegetated to blend with the surrounding area. A facility not removed in accordance with this subsection shall be considered abandoned and may be removed by the Town at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

[Added 9-14-2015 by Ord. No. 2015-3]

The terms used in this article shall be defined as in Chapter 244, Pawnbrokers, of this Code.

Pawnbroker uses shall be prohibited in all zoning districts in Johnston except in the industrial zones of the Town and only upon the grant of a special use permit by the Johnston Zoning Board of Review in accordance with §§ 340-75 and 340-76 of this chapter. Additionally, such a special use permit shall not be granted unless each of the following standards have been met:

• A. The application for a special use permit pursuant to this article shall provide the name and address of the legal owner of the establishment, the legal owner of the property, and the manager of the proposed establishment.
• B. Location.
  • (1) All uses granted under this article shall not be located within:
    • (a) One thousand feet from the nearest residential zoning district, lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this article, and B-1 or B-2 zoning business district; or
    • (b) One thousand five hundred feet from the nearest house of worship, school, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
    • (c) One thousand feet from any establishment having a liquor license granted by the Town of Johnston or any other municipality; or
    • (d) One thousand feet from any of the Johnston Town lines.
  • (2) The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed pawnbroker business is to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated uses set forth above.
• C. No use permitted under this article shall be allowed within a building containing other retail, consumer or residential uses.
• D. No use permitted under this article shall be allowed within a shopping plaza, shopping center, or shopping mall.
• E. All uses permitted under this article shall comply with the off-street parking and loading requirements and regulations in Articles VI and VII of this chapter.
• F. No use permitted under this article shall be allowed to have any flashing lights visible from outside the establishment.
• G. No use permitted under this article shall be allowed a freestanding accessory sign.
• H. No use permitted under this article shall be established prior to submission and approval of a site plan by the Zoning Board of Review with the technical advice of the Town Zoning Official. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses.
• I. All uses permitted under this article shall comply fully with all licensing requirements of the Town of Johnston, including but not limited to all business license requirements.

The Johnston Zoning Board of Review may impose reasonable conditions, safeguards and limitations on time or use of any special use permit granted under this article and shall require that any such special use permit granted herein shall be personal to the applicant, shall not run with the land and shall expire upon sale or transfer of the subject property.

A special use permit granted under this article shall expire after a period of one calendar year from its date of issuance and shall be automatically renewable for successive one-year periods thereafter, provided that a written request for such renewal is made to the Johnston Zoning Board of Review and that no objection to said renewal is made and sustained by the Johnston Zoning Board of Review based upon the public safety factors applied at the time that the original special use permit was granted pursuant to § 340-161 above.

Each pawnbroker business in existence upon the initial reading date of this article shall apply for a special use permit within 90 days of the adoption of this article.