Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
The Johnston Town Council may permit upon petition for amendment an apartment or multifamily dwelling or a grouping of apartments or multifamily dwelling structures in an R-10 or R-7 District provided that:
A. 
The multifamily or apartment development shall be located on tracts of land owned by one person or corporation or group of persons or corporations.
B. 
The tract of land shall consist of not less than the following minimum lot net area requirements after freshwater wetlands, wetland buffers, and slopes in excess of 8% have been deducted from the land area calculation:
[Amended 11-10-2003 by Ord. No. 2003-15]
(1) 
R-7 District: net area equal to at least two acres.
(2) 
R-10 District, net area equal to at least two acres.
C. 
The development will constitute an environment of sustained desirability and stability and the design will be harmonious with its surroundings and in substantial conformity with the policies and goals of the Comprehensive Plan and the intent of this chapter.
[Amended 11-10-2003 by Ord. No. 2003-15]
A petition for amendment to permit multifamily uses shall be filed in accordance with the procedures outlined in Article XVI of this chapter. A preliminary site plan shall accompany the petition for amendment and shall contain all the information required in § 340-49 which follows.
[Amended 11-10-2003 by Ord. No. 2003-15]
The applicant shall submit three copies of a preliminary site plan and all required application and materials to the Planning Board for a determination of completeness. Upon receipt of a certificate of completeness, the applicant shall submit 15 sets of all plans, documents, and accompanying materials as required for a major land development project as detailed in the Land Development and Subdivision Review Regulations of the Town of Johnston.[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:
(a) 
The standards set forth in this article;
(b) 
Sections 340-109 and 340-110 hereof; and
(c) 
R.I.G.L. § 45-24-52.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
In no instance shall the Planning Board's opinion be binding on the Town Council relative to granting an amendment for multifamily use.
B. 
Any multifamily application involving one or more lots, tracts, or parcels of land that are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, which may include, but is not limited to, planned development and/or cluster development for residential or mixed residential use, shall be defined as a major land development project and shall also require Planning Board approval in accordance with Rhode Island General Laws Title 45, Chapter 23, and the Johnston Land Development and Subdivision Review Regulations,[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.
B. 
Construction of the project is carried out in strict adherence to all the requirements of §§ 340-54 through 340-61 of this article and all approvals granted by the Town of Johnston.
[Amended 11-10-2003 by Ord. No. 2003-15]
The applicant shall submit three copies of a preliminary site plan and all required application and materials to the Planning Board for a determination of completeness. Upon receipt of a certificate of completeness, the applicant shall submit 15 sets of all plans, documents, and accompanying materials as required for a major land development project as detailed in the Land Development and Subdivision Review Regulations of the Town of Johnston.[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:
(a) 
R-10: two net acres, minimum.
(b) 
R-7: one net acre, minimum.
(2) 
The maximum number of dwelling units for multifamily or apartment dwelling uses shall be a maximum of 10 units per net acre in an R-7 Zoning District and five units per net acre in an R-10 Zoning District.
(3) 
No more than 12 dwelling units shall be permitted in a multifamily or apartment structure.
(4) 
No more than six, three-bedroom dwelling units or apartments shall be permitted for every 12 dwelling units located in a multifamily or apartment structure, unless a variance has been granted by the Zoning Board of Review.
(5) 
No multifamily or apartment structure shall contain any dwelling units in excess of three bedrooms, unless a variance has been granted by the Zoning Board of Review.
(6) 
Minimum street frontage. The minimum street frontage shall be in proportion to the average lot width, to the average lot depth at a ratio of 1:2.5. In no case shall the minimum street frontage be less than 140 feet.
(7) 
Minimum yard depths:
(a) 
Side yard.
[1] 
For a one-story structure: 30 feet each side.
[2] 
For a two-story structure: 40 feet each side.
[3] 
For a three-story structure: 50 feet each side.
(b) 
Front yard and rear yard.
[1] 
For a one-story structure: 40 feet.
[2] 
For a two-story structure: 50 feet.
[3] 
For a three-story structure: 60 feet.
(c) 
Maximum height of a multifamily or apartment structure shall be no more than three stories and shall be no more than 35 feet.
(d) 
Minimum setback from lot lines for accessory structures in side and rear yards shall be 30 feet. No accessory structures shall be permitted in the required front yard.
(e) 
Maximum height of accessory structures shall be 25 feet.
(f) 
Minimum open space. There shall be permanently maintained a minimum open space of 25 feet from any adjacent property line or right-of-way line. Said open space shall not be paved for parking and may not be used for leaching or absorption fields; however, easements for water lines and driveways for access to parking areas are permitted. A vegetated buffer of 10 feet, minimum, and/or appropriate screening fence shall be installed between the multifamily development and the abutting side and rear properties. The design for said buffer shall be in accordance with the landscaping provisions of this chapter and the Land Development and Subdivision Review Regulations of the Town of Johnston.[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:
A. 
Two car spaces per dwelling unit.
B. 
No parking shall be permitted within 10 feet of lot boundary line or within the required minimum front yard.
C. 
Off-street parking spaces and service drives shall be located within the boundaries of the zoning lot before being developed and provided in accordance with Article VI of this chapter.
Each building shall be provided with an enclosed waste pen of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and utility area shall be properly screened and buffered from all buildings and property lines.