The Johnston Town Council may permit upon petition
for amendment an apartment or multifamily dwelling or a grouping of
apartments or multifamily dwelling structures in an R-10 or R-7 District
provided that:
A.
The multifamily or apartment development shall be
located on tracts of land owned by one person or corporation or group
of persons or corporations.
B.
The tract of land shall consist of not less than the
following minimum lot net area requirements after freshwater wetlands,
wetland buffers, and slopes in excess of 8% have been deducted from
the land area calculation:
[Amended 11-10-2003 by Ord. No. 2003-15]
C.
The development will constitute an environment of
sustained desirability and stability and the design will be harmonious
with its surroundings and in substantial conformity with the policies
and goals of the Comprehensive Plan and the intent of this chapter.
[Amended 11-10-2003 by Ord. No. 2003-15]
[Amended 11-10-2003 by Ord. No. 2003-15]
The applicant shall submit three copies of a
preliminary site plan and all required application and materials to
the Planning Board for a determination of completeness. Upon receipt
of a certificate of completeness, the applicant shall submit 15 sets
of all plans, documents, and accompanying materials as required for
a major land development project as detailed in the Land Development
and Subdivision Review Regulations of the Town of Johnston.[1]
[1]
Editor's Note: See the current Subdivision
Regulations on file in the Town offices.
After the receipt of a petition for amendment
for multifamily use and the preliminary site plan, the Town Council
shall transmit the petition and preliminary site plan to the Johnston
Planning Board for review.
A.
Review and recommendation.
(1)
The Planning Board shall review the site plan and
make recommendations to the Town Council as to whether the proposed
project is in compliance with the following:
(2)
In no instance shall the Planning Board's opinion
be binding on the Town Council relative to granting an amendment for
multifamily use.
B.
Any multifamily application involving one or more lots, tracts, or parcels of land that are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, which may include, but is not limited to, planned development and/or cluster development for residential or mixed residential use, shall be defined as a major land development project and shall also require Planning Board approval in accordance with Rhode Island General Laws Title 45, Chapter 23, and the Johnston Land Development and Subdivision Review Regulations,[2] including those provisions for appeal and judicial review,
whether or not the land development project constitutes a subdivision
under such provisions. No land development project shall be initiated
until a plan of the project has been submitted to the Planning Board,
a public hearing has been held thereon, and approval has been granted
by the Planning Board. The Planning Board may apply such special conditions
to the approval as may, in the opinion of the planning Board, be required
to maintain harmony with neighboring uses and promote the objectives
and purposes of the Comprehensive Plan and this chapter.
[Amended 11-10-2003 by Ord. No. 2003-15]
[2]
Editor's Note: See the current Subdivision
Regulations on file in the Town offices.
Upon the receipt of the advisory opinion from the Planning Board (and approval pursuant to § 340-51B hereof, if applicable), the Town Council shall schedule a public hearing and render a decision on the petition for amendment in accordance with the provisions of Article XVI of this chapter to consider the development proposed in the preliminary site plan.
[Amended 11-10-2003 by Ord. No. 2003-15]
If the petition for amendment is granted the
issuance of a building permit for development shall be conditioned
upon the following:
A.
The submission to and approval of a final site plan for a major land development project by the Planning Board containing all the information specified in § 340-54 of this article and as required by the Johnston Land Development and Subdivision Review Regulations[1] and Rhode Island General Laws Title 45, Chapter 23; and
[1]
Editor's Note: See the current Subdivision
Regulations on file in the Town offices.
[Amended 11-10-2003 by Ord. No. 2003-15]
The applicant shall submit three copies of a
preliminary site plan and all required application and materials to
the Planning Board for a determination of completeness. Upon receipt
of a certificate of completeness, the applicant shall submit 15 sets
of all plans, documents, and accompanying materials as required for
a major land development project as detailed in the Land Development
and Subdivision Review Regulations of the Town of Johnston.[1]
[1]
Editor's Note: See the current Subdivision
Regulations on file in the Town offices.
A.
Uses.
(1)
Permitted uses: only multifamily structures and their
accessory uses.
(2)
Accessory uses may include indoor and outdoor parking
facilities, a club, a golf course, playground, bathing beach, a swimming
pool, and necessary public and semipublic uses, but shall not include
any other residential uses, office uses, restaurant and entertainment
uses, commercial uses, wholesale business and storage, industrial
uses, home occupations, professional office of resident, and storage
of commercial vehicles or recreational equipment (unless stored within
a building).
B.
Intensity regulation. The following schedule of intensity
regulations shall apply to multifamily dwelling or apartment uses:
[Amended 11-10-2003 by Ord. No. 2003-15]
(1)
The minimum lot area required for multifamily or apartment
dwellings shall consist of not less than the following minimum lot
net area requirements (net acre) after freshwater wetlands, wetland
buffers, and slopes in excess of 8% have been deducted from the land
area calculation:
(2)
The maximum number of dwelling units for multifamily
or apartment dwelling uses shall be a maximum of 10 units per net
acre in an R-7 Zoning District and five units per net acre in an R-10
Zoning District.
(3)
No more than 12 dwelling units shall be permitted
in a multifamily or apartment structure.
(4)
No more than six, three-bedroom dwelling units or
apartments shall be permitted for every 12 dwelling units located
in a multifamily or apartment structure, unless a variance has been
granted by the Zoning Board of Review.
(5)
No multifamily or apartment structure shall contain
any dwelling units in excess of three bedrooms, unless a variance
has been granted by the Zoning Board of Review.
(6)
Minimum street frontage. The minimum street frontage
shall be in proportion to the average lot width, to the average lot
depth at a ratio of 1:2.5. In no case shall the minimum street frontage
be less than 140 feet.
(7)
Minimum yard depths:
(c)
Maximum height of a multifamily or apartment
structure shall be no more than three stories and shall be no more
than 35 feet.
(d)
Minimum setback from lot lines for accessory
structures in side and rear yards shall be 30 feet. No accessory structures
shall be permitted in the required front yard.
(e)
Maximum height of accessory structures shall
be 25 feet.
(f)
Minimum open space. There shall be permanently
maintained a minimum open space of 25 feet from any adjacent property
line or right-of-way line. Said open space shall not be paved for
parking and may not be used for leaching or absorption fields; however,
easements for water lines and driveways for access to parking areas
are permitted. A vegetated buffer of 10 feet, minimum, and/or appropriate
screening fence shall be installed between the multifamily development
and the abutting side and rear properties. The design for said buffer
shall be in accordance with the landscaping provisions of this chapter
and the Land Development and Subdivision Review Regulations of the
Town of Johnston.[1]
[1]
Editor's Note: See the current Subdivision
Regulations on file in the Town offices.
Where a multifamily or apartment development is to be constructed as a complex of separate structures, the requirement of § 340-3 relating to principal residential buildings shall not apply.
Where a multifamily or apartment development
requires the subdivision of land, as defined in the subdivision regulations
of the Johnston Planning Board, all the applicable provisions of such
law and regulations shall be followed.
Where public sewers are not available, the applicant shall provide a statement from the Rhode Island Department of Environmental Management certifying that the proposed site for multifamily or apartment development can be safely served by an on-site sewage disposal system in accordance with the ISDS Law and Regulations referenced in Article V. Any recommendation or restrictions of the department shall be made a condition of the granting of a permit for the multifamily or apartment development.
Where a multifamily or apartment development
is proposed as a complex of separated structures, no structure shall
be placed any closer to another structure than a distance twice the
height of the taller of the structures so separated.
Minimum off-street parking shall be provided
and maintained as follows:
Each building shall be provided with an enclosed
waste pen of sufficient size to accommodate all trash and waste stored
on the premises. The waste pen and utility area shall be properly
screened and buffered from all buildings and property lines.
