Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
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]
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.
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]
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.
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
The vertical distance from grade, as determined by the Town of Johnston, to the top of the highest point of the roof or structure. The distance may exclude spires, chimneys, flag poles, and the like.
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.[1]
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 abuse treatment facilities. This shall include, but not be limited to, the following:
(1) 
Whenever six or fewer retarded children or adults 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.)[2]
[Added 10-11-2011 by Ord. No. 2011-3]
CONTINUING CARE RETIREMENT COMMUNITY
A use established by a Planned District with a mix of retirement care uses that may include assisted, independent and intergenerational living with supportive services that may include skilled nursing and rehabilitative care, home health care, adult day care and personalized assistance designed to respond to the individual needs of those who need help with activities of daily living.
[Added 2-17-2011 by Ord. No. 2010-26]
CONVENTIONAL SUBDIVISION
A residential subdivision in which all land being subdivided is dedicated to either development lots or street right-of-way; not a conservation development.
[Added 10-11-2011 by Ord. No. 2011-3]
CONVENTIONAL YIELD PLAN
A plan of a conventional subdivision or land development project (as opposed to a conservation development) that depicts the maximum number of 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]
(1) 
Any other day-care center which is not a family day-care home.
(2) 
Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or less individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.
DAYS
Calendar days.
DENSITY, RESIDENTIAL
The number of dwelling units per unit of land.
DEVELOPMENT
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.
DEVELOPMENT PLAN REVIEW (also known as "site plan review")
The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of this chapter.
[Amended 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.
DUPLEX
Two single dwelling units each with separate entrances divided by a common party wall.
DUPLEX DWELLING UNIT
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]
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 five.
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) 
The lot line separating a lot from a street right-of-way. See supplementary regulations at §§ 340-20 and 340-25A for the requirements governing through and corner lots;
(2) 
The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
(3) 
Any lot line other than a front or rear lot line.
LOT OF RECORD
A parcel of land recorded in the office of the Town Clerk of the Town of 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) 
A lawfully established use of land, building, or structure which is not a permitted use in that zoning district; a building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; or
(2) 
A building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS)
Any system of piping, tanks, dispersal areas, alternative toilets, or other facilities designed to function as a unit to convey, store, treat, or disperse wastewater by means other than discharge into a public sewer system.
[Added 10-11-2011 by Ord. No. 2011-3]
OVERLAY DISTRICT
A district that may be established in this chapter that is superimposed on one or more districts or parts of districts and that imposes specified requirements in addition to, but not less than, those otherwise applicable for the underlying zone.
PARKING AREA, GROSS
The total parking area required for the parking of a single vehicle, including means of ingress and egress.
PERFORMANCE STANDARDS
A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.
PERMITTED USE
A use by right which is specifically authorized in a particular zoning district.
PLANNED DEVELOPMENT
A "land development project," as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.
PLANNER
As used in this chapter, means the Town Planner/Administrative Officer of the Town of Johnston.
[Added 9-10-2018 by Ord. No. 2018-15]
PLANNING BOARD
The Planning Board of the Town of Johnston.
PREAPPLICATION CONFERENCE
A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance, before formal submission of an application for a permit or for development approval.
REGULATIONS
As used in this chapter, means the Town of Johnston Land Development and Subdivision Review Regulations as adopted by the Johnston Planning Board and amended from time to time.
[Added 9-10-2018 by Ord. No. 2018-15]
R.I.G.L.
The General Laws of the State of Rhode Island.
[Amended 6-14-2004 by Ord. No. 2004-9]
ROOM RESELLER
Defined by R.I.G.L. § 44-18-7.3(b)(4)(i), as may be amended from time to time. All room resellers must be licensed in accordance with Town ordinances.
[Added 7-9-2018 by Ord. No. 2018-3]
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 other than an identification or announcement sign, 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; provided, however, that signs placed or erected by the Town or state for the purposes of showing street names or traffic directions or regulations or for other municipal or governmental purposes shall not be included herein nor shall this include signs which are part of the architectural design of the building.
SIGN, ANNOUNCEMENT
An outdoor sign within the view of persons passing on a public highway, whether a separate structure, object, or device, or attached to or painted on another structure, object or device bearing and advertisement relating to the premises on which the sign is located.
SIGN, IDENTIFICATION
An outdoor sign displaying the name and address of the occupant or identifying a permitted use or an accessory use, no greater than 1 1/2 square feet in area.
SIGN, MOBILE
A self-contained sign or advertising device that is transportable with or without wheels.
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.[3]
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) 
Permission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions hereof.
(2) 
Permission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
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.
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.
[1]
Editor's Note: The former definition of "cluster," which immediately followed this definition, was repealed 10-11-2011 by Ord. No. 2011-3.
[2]
Editor’s Note: The most current regulations are on file in the Town offices.
[3]
Editor's Note: See Ch. 303, Subdivision of Land.