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.
[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.
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:
(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;
(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.
[Added 11-10-2003 by Ord. No. 2003-15]
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.
[Amended 7-13-2020 by Ord. No. 2019-23]
(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.
[Amended 7-13-2020 by Ord. No. 2019-23]
(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,[1] 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.
[1]
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[2] 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.
[2]
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.
[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[1] or of a variety approved by the Landscape Review Committee.
[1]
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[2] or of a variety approved by the Landscape Review Committee.
[2]
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,[3] or the Comprehensive Plan of the Town of Johnston.
[3]
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,[4] 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.
[4]
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.
