A.
Where words or terms used herein are defined in the
Rhode Island Comprehensive Planning and Land Use Regulation Act, they
shall have the meanings stated therein. Words used in the present
tense include the future, the singular includes the plural and the
plural includes the singular. The word "shall" is mandatory; the word
"may" permissive. "R.I.G.L." shall mean the General Laws of Rhode
Island.
B.
ABUTTER
ACCESSORY FAMILY DWELLING UNIT
ACCESSORY USE
ADMINISTRATIVE OFFICER
ADULT DAY CARE
ADULT ENTERTAINMENT
AGGRIEVED PARTY
AGRICULTURAL LAND
AIRPORT HAZARD AREA
APPLICANT
APPLICATION
AUTO BODY SHOP
AUTOMOTIVE RECYCLING FACILITY
BASEMENT
BILLBOARD
BOARD
BUFFER
BUILDING
BUILDING CODE
BUILDING ENVELOPE
BUILDING HEIGHT
BUILDING INSPECTOR
BUILDING PERMIT
CAMPUS-LIKE DEVELOPMENT
CELLAR
COMMON OWNERSHIP
COMMUNITY RESIDENCE
(1)
(2)
(3)
(4)
COMPREHENSIVE PLAN
CONSERVATION DEVELOPMENT
CONTINUING CARE RETIREMENT COMMUNITY
CONVENTIONAL SUBDIVISION
CONVENTIONAL YIELD PLAN
DAY CARE
(1)
(2)
DAYS
DENSITY, RESIDENTIAL
DEVELOPMENT
DEVELOPMENT PLAN REVIEW (also known as "site plan review")
DISTRICT
DORMITORY
DRAINAGE SYSTEM
DRIVE-IN, CAR-HOP RESTAURANT
DRIVE-UP, DRIVE-THROUGH USE
DUMP
DWELLING, DUPLEX
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ESTABLISHED GRADE
EXTRACTIVE INDUSTRY
FAMILY
FAST-FOOD RESTAURANT
FLOATING ZONE
FLOODPLAINS or FLOOD HAZARD AREA
FLOOR AREA, GROSS
FRONTAGE
GARAGE
GFA
GROSS AREA
GROUNDWATER
HALFWAY HOUSE
HARDSHIP
HISTORIC DISTRICT or HISTORIC SITE
HOME OCCUPATION
HOTEL
HOUSEHOLD
INCENTIVE ZONING
INFRASTRUCTURE
JUNKYARD
LAND DEVELOPMENT PROJECT
LAND SUITABLE FOR DEVELOPMENT
LAND UNSUITABLE FOR DEVELOPMENT
LODGING HOUSE
LOT
(1)
(2)
LOT AREA
LOT BUILDING COVERAGE
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT LINE
(1)
(2)
(3)
LOT OF RECORD
LOT, THROUGH
LOT WIDTH
MAJOR RECREATIONAL EQUIPMENT
MERE INCONVENIENCE
MIXED USE
MOBILE HOMES
NATURAL GAS PIPELINE INJECTION STATION
NET AREA
NONCONFORMANCE
(1)
(2)
ON-SITE WASTEWATER TREATMENT SYSTEM (OWTS)
OVERLAY DISTRICT
PARKING AREA, GROSS
PERFORMANCE STANDARDS
PERMITTED USE
PLANNED DEVELOPMENT
PLANNER
PLANNING BOARD
PREAPPLICATION CONFERENCE
REGULATIONS
R.I.G.L.
ROOM RESELLER
SELF-STORAGE FACILITY
SELF-STORAGE FACILITY, MULTISTORY
SERVICE STATION or FILLING STATION
SETBACK LINE OR LINES
SIGN
SITE PLAN
SPECIAL USE
STATE
STREET
STRUCTURE
SUBDIVISION REGULATIONS
SUBSTANDARD LOT OF RECORD
TOWN
TRAILER
UNIFIED DEVELOPMENT REVIEW
USE
VARIANCE
(1)
(2)
WATERS
WETLAND, COASTAL
WETLAND, FRESHWATER
WIND TURBINE
WINDOW SERVICE USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD
ZONING CERTIFICATE
ZONING ENFORCEMENT OFFICER
ZONING MAP
ZONING ORDINANCE
ZONING USE DISTRICTS
In addition, the following words shall have the following
meanings:
One whose property abuts, that is, adjoins at a border, boundary,
or point with no intervening land.
An accessory dwelling unit for the sole use of one or more
members of the family of the occupant or occupants of the principal
residence, but not needing to have a separate means of ingress and
egress.
A use of land or of a building, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building.
An accessory use shall not be permitted without the principal use
to which it is related.
The Town Planner of the Town of Johnston, or designee, in
accordance with the Town of Johnston land development and subdivision
review regulations.
[Added 9-10-2018 by Ord.
No. 2018-15]
A nonresidential facility or program, specializing in providing
care or activities for elderly and/or handicapped individuals. A business
applying for a permit or a special use permit under this section shall
under no circumstances board persons overnight.
[Added 4-12-2010 by Ord. No. 2010-10]
All terms used in this chapter that relate to adult entertainment shall have the meaning as defined in Chapter 83, Adult Entertainment, of the Town Code of Ordinances.
[Added 7-13-2020 by Ord. No. 2019-23]
An aggrieved party, for purposes of this chapter, shall be:
"Agricultural land," as defined in R.I.G.L. § 45-22.2-4.
"Airport hazard area," as defined in R.I.G.L. § 1-3-2.
An owner or authorized agent of the owner submitting an application
or appealing an action of any official, board or agency of the Town
of Johnston.
The completed form or forms and all accompanying documents,
exhibits, and fees required of an applicant by an approving authority
for development review, approval, or permitting purposes.
As defined in R.I.G.L. § 5-38-1, any establishment,
garage, or work area enclosed within a building where repairs are
made or caused to be made to motor vehicle bodies, including fenders,
bumpers and similar components of motor vehicle bodies as distinguished
from the chassis, seats, motor, transmission and other accessories
for propulsion and generally running gear of motor vehicles, except
that the registered owner of any motor vehicle or any person related
by blood or marriage to that registered owner is not prohibited from
performing any type of work usually performed in an auto body shop,
upon the vehicle that is registered in his or her own name, provided
that the work is done personally by the registered owner or that relative
and he neither employs nor compensates any person, monetarily or otherwise,
to aid and assist in that work.
A use of property totaling at least 10 acres and at least
400 feet from a legally occupied residential dwelling unit, involving
the receipt, depollution, dismantling, display and storage of used
motor vehicles from which parts have been or are to be removed for
reuse or sale; an office and sales center for the wholesale and retail
sales of new, used or reconditioned parts; and the incidental use
of light and heavy processing facilities for recycling.
[Added 9-9-2013 by Ord. No. 2013-17]
That portion of a building included between the upper surface
of its floor and the upper surface of the floor next above, having
more than 1/2 its height above the average elevation of the finished
lot grade adjoining the building.
An outdoor structure advertising products not made, sold,
used or served on the premises displaying such sign.
The Planning Board of the Town of Johnston.
[Added 9-10-2018 by Ord.
No. 2018-15]
Land which is maintained in either a natural or landscaped
state, and is used to screen and/or mitigate the impacts of development
on surrounding areas, properties or rights-of-way.
Any structure used or intended for supporting or sheltering
any use or occupancy.
Rhode Island State Building Code, R.I.G.L. § 23-27.3-100.0
et seq., as amended from time to time.
[Amended 7-13-2020 by Ord. No. 2019-23]
The three-dimensional space within which a structure is permitted
to be built on a lot and which is defined by regulations governing
building setbacks, maximum height, and bulk; by other regulations;
and/or any combination thereof.
For a vacant parcel of land, building height shall be measured
from the average, existing grade elevation where the foundation of
the structure is proposed. For an existing structure, building height
shall be measured from average grade taken from the outermost four
corners of the existing foundation. In all cases, building height
shall be measured to the top of the highest point of the existing
or proposed roof or structure. This distance shall exclude spires,
chimneys, flag poles, and the like. For any property or structure
located in a special flood hazard area, as shown on the official FEMA
Flood Insurance Rate Maps (FIRMs), building height shall be measured
from base flood elevation and where freeboard, as defined in this
section, is being utilized or proposed, such freeboard area, not to
exceed five feet, shall be excluded from the building height calculation;
provided, however that the Rhode Island coastal resources management
council design elevation maps may be used by an owner or applicant
to establish a base flood elevation for a property that is higher
than the official FEMA FIRMs.
[Amended 7-13-2020 by Ord. No. 2019-23]
The Johnston Building Inspector.
The permit required by law to be issued by the Building Inspector
to authorize any new construction of buildings or the alteration of
existing buildings and construction of certain other improvements.
A development that features walkablity and integration of
uses. A campus-like project includes various interrelated uses and
a shared pedestrian and vehicular circulation pattern, with the potential
for a common focal point, gathering space, or open space.
[Added 2-17-2011 by Ord. No. 2010-26]
That portion of a building, included between the upper surface
of the floor next above, having less than 1/2 its height above
the average elevation of the finished lot grade adjoining the building.[1]
Either:
A home or residential facility where children and/or adults
reside in a family setting and may or may not receive supervised care.
This shall not include halfway houses or substance use disorder treatment
facilities. This shall include, but not be limited to, the following:
[Amended 7-13-2020 by Ord. No. 2019-23]
Whenever six or fewer children or adults with
intellectual and/or developmental disabilities reside in any type
of residence in the community, as licensed by the state pursuant to
R.I.G.L. § 40.1-24-1 et seq. All requirements pertaining
to local zoning are waived for these community residences.
A group home providing care or supervision,
or both, to not more than eight mentally disabled or mentally handicapped
or physically handicapped persons, and licensed by the state pursuant
to R.I.G.L. Title 40.1, Chapter 24.
A residence for children providing care or supervision,
or both, to not more than eight children including those of the care
giver and licensed by the state pursuant to R.I.G.L. § 42-72.1-1
et seq.
A community transitional residence providing
care or assistance, or both, to no more than six unrelated persons
or no more than three families, not to exceed a total of eight persons,
requiring temporary financial assistance, and/or to persons who are
victims of crimes, abuse, or neglect, and who are expected to reside
in that residence not less than 60 days nor more than two years. Residents
will have access to and use of all common areas, including eating
areas and living rooms, and will receive appropriate social services
for the purpose of fostering independence, self-sufficiency, and eventual
transition to a permanent living situation.
The Johnston Comprehensive Community Plan adopted by the
Town and approved pursuant to R.I.G.L. § 45-22.2-1 et seq.
A residential land development project which allows a community
to guide growth to the most appropriate areas within a parcel of land
to avoid impacts to the environment and to protect the character-defining
features of the property. (See Johnston Land Development and Subdivision
Review Regulations.)[2]
[Added 10-11-2011 by Ord. No. 2011-3]
A use established by a Planned District with a mix of retirement
care uses that may include assisted, independent and intergenerational
living with supportive services that may include skilled nursing and
rehabilitative care, home health care, adult day care and personalized
assistance designed to respond to the individual needs of those who
need help with activities of daily living.
[Added 2-17-2011 by Ord. No. 2010-26]
A residential subdivision in which all land being subdivided
is dedicated to either development lots or street right-of-way; not
a conservation development.
[Added 10-11-2011 by Ord. No. 2011-3]
A plan of a conventional subdivision or land development
project (as opposed to a conservation development) that depicts the
maximum number of single-family building lots or dwelling units that
reasonably could be built on a parcel of land under conventional zoning
of the Town, taking into account the presence of physical constraints
to development such as wetlands or other land unsuitable for development.
[Added 10-11-2011 by Ord. No. 2011-3]
DAY-CARE CENTERAny other day-care center which is not a family day-care home.
FAMILY DAY-CARE HOMEAny home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or less individuals who are not relatives of the care giver, but may not contain more than a total of eight individuals receiving day care.
Calendar days.
The number of dwelling units per unit of land.
The construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any mining,
excavation, landfill or land disturbance; any change in use, or alteration
or extension of the use, of land.
The process whereby authorized local officials review the
site plans, maps, and other documentation of a development to determine
the compliance with the stated purposes and standards of this chapter.
[Amended 9-10-2018 by Ord. No. 2018-15]
See "zoning use district."
A structure used for housing unrelated individuals in suites.
Such a structure usually has dining, kitchen and sanitary facilities
common to all suites.
A system for the removal of water from land by drains, grading,
or other appropriate means. These techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and groundwaters,
and the prevention and/or alleviation of flooding.
Type of establishment that sells food and/or beverages in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the restaurant and where ordering and receiving of food
may occur from a vehicle. These types of restaurants shall provide
window service only; no sit-down facilities within the principal building
are to be provided for the food and beverages to be consumed by the
customer. A specifically identified maximum number of picnic tables
or other outdoor eating arrangements and parking arrangements shall
be set and approved by the Zoning Board whenever a special use permit
is requested for this type of use.
[Added 2-17-2011 by Ord. No. 2010-26]
An establishment that by design, physical features, service,
or because of packaging procedures requires customers to receive services
and/or obtain goods through a window or opening in the building or
by way of an automated console/terminal as a service center/facility
while remaining in their motor vehicles. Such a use may be the principal
use of the establishment or as an accessory use to the principal use
of the establishment and may include, but is not limited to, such
types of uses as restaurant, pharmacy, photo processor, laundry, cleaners,
banks and/or other financial institutions.
[Added 2-17-2011 by Ord. No. 2010-26]
A lot of land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.[3]
Two dwelling units in one structure that share a common wall,
each with primary living areas (living room, kitchen) on the ground
level. May include single-family attached dwelling units with separate
entries and garages or a structure with two units and one common entry
with the exterior design of a single-unit dwelling.
[Added 10-11-2011 by Ord. No. 2011-3; amended 7-13-2020 by Ord. No. 2019-23]
Any dwelling containing more than two dwelling units and
for occupancy of families living independently of each other including
apartment houses, apartment hotels, condominiums and flats.
A building used exclusively for occupancy by one family.
A building used exclusively for occupancy by two families
living independently of each other.
A structure or portion thereof providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation, and containing
a separate means of ingress and egress.
The elevation of the street grade as fixed by the Town.
The extraction of minerals, including solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural
gases. The term also includes quarrying; well operation; milling,
such as crushing, screening, washing, and flotation; and other preparation
customarily done at the extraction site or as a part of the extractive
activity.
A person or persons related by blood, marriage, or other
legal means. See also "household."
An establishment whose principal business is the sale of
preprepared or rapidly prepared food sold directly to the customer
in a ready-to-consume state for consumption either within the restaurant
building, in vehicles on the premises, or off of the premises.
[Added 2-17-2011 by Ord. No. 2010-26]
An unmapped zoning district adopted within the chapter which
is established on the Zoning Map only when an application for development,
meeting the zone requirements, is approved.
As defined in R.I.G.L. § 45-22.2-4.
Floor area within the perimeter of the outside walls of the
building under consideration, without deduction for hallway, stairs,
closets, thickness of walls, columns or other features.
[Added 2-17-2011 by Ord. No. 2010-26]
That portion of a lot abutting a street. Lot frontage used
for meeting any of the dimensional requirements of this chapter shall
be continuous, not interrupted by any other lot, and located on an
accessible and improved, Town-accepted street. A limited access highway
may not be used to meet the frontage requirement required pursuant
to this chapter.
[Added 11-10-2003 by Ord. No. 2003-15]
A detached accessory building or portion of a main building,
used for the storage of self-propelled vehicles.
Gross floor area.
[Added 9-10-2018 by Ord.
No. 2018-15]
Total acreage of parcel or parcels in the land development
project.
[Added 2-17-2011 by Ord. No. 2010-26]
"Groundwater" and associated terms, as defined in R.I.G.L.
§ 46-13.1-3.
A residential facility for adults or children who have been
institutionalized for criminal conduct and who require a group setting
to facilitate the transition to a functional member of society.
See R.I.G.L. § 45-24-41 and the provisions of this
chapter governing variances.
As defined in R.I.G.L. § 45-22.2-4.
Any activity customarily carried out for gain by a resident,
conducted as an accessory use in the resident's dwelling unit.
Any building containing six or more guest rooms which are
used, rented, or hired for sleeping purposes on a short-term basis
by transient guests and with access to units primarily from interior
lobbies, courts, or halls which may provide additional guest facilities
such as a swimming pool, business center (with computers, printers
and other office equipment), childcare, conference and event facilities,
tennis or basketball courts, gymnasium, restaurants, day spa and social
function services.
[Added 9-10-2018 by Ord.
No. 2018-15]
One or more persons living together in a single dwelling
unit, with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit. The term "household unit" shall
be synonymous with the term "dwelling unit" for determining the number
of such units allowed within any structure on any lot in a zoning
district. An individual household shall consist of any one of the
following:
The process whereby the local authority may grant additional
development capacity in exchange for the developer's provision of
a public benefit or amenity as specified in local ordinances.
Facilities and services needed to sustain residential, commercial,
industrial, institutional, and other activities.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of waste paper, rags, scrap metal
or discarded material; or for the collecting, dismantling; storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
A project in which one or more lots, tracts, or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units, or structures, including, but not limited
to, planned development and/or conservation development for residential,
commercial, institutional, recreational, open space, and/or mixed
uses as may be provided for in this chapter.
[Amended 10-11-2011 by Ord. No. 2011-3]
Any land area other than land unsuitable for development.
[Added 10-11-2011 by Ord. No. 2011-3]
Land which has environmental constraints or physical constraints to development. Section 340-144 of the regulations shall apply.
[Added 10-11-2011 by Ord. No. 2011-3]
A building with more than two but no more than 10 guest rooms
where lodging with or without meals is provided for compensation.
Either:
The basic development unit for determination
of lot area, depth, and other dimensional regulations; or
A parcel of land whose boundaries have been
established by some legal instrument such as a recorded deed or recorded
map and which is recognized as a separate legal entity for purposes
of transfer of title.
The total area within the boundaries of a lot, excluding
any street right-of-way, usually reported in acres or square feet.
That portion of the lot that is or may be covered by buildings
and accessory buildings.
A lot at the junction of and fronting on two or more intersecting
streets.
The distance measured from the front lot line to the rear
lot line. For lots where the front and rear lot lines are not parallel,
the lot depth is an average of the depth.
See "frontage."
[Amended 11-10-2003 by Ord. No. 2003-15]
A line of record, bounding a lot, which divides one lot from
another lot or from a public or private street or any other public
or private space and shall include:
REARThe lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and
SIDEAny lot line other than a front or rear lot line.
A parcel of land recorded in the office of the Town Clerk
of the Town of Johnston.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum front setback line.
Includes travel trailers, pick-up campers or coaches, motorized
dwellings, tent trailers, boats, and boat trailers, but does not include
mobile homes.
See R.I.G.L. § 45-24-41 and the provisions of this
chapter governing variances.
A mixture of land uses within a single development, building,
tract or parcel.
[Amended 2-17-2011 by Ord. No. 2010-26]
A single-family dwelling designed for transportation after
fabrication on streets and highways, and arriving at site where it
is to be occupied as a dwelling complete and ready for occupancy,
except for minor and incidental unpacking and assembly operations,
location on jacks or permanent foundations, and connections to utilities.
A natural gas pipeline injection station (reverse terminal)
is designed and constructed for continued natural gas delivery into
an interstate, transmission or distribution pipeline by decompressing
(unloading) natural gas from specialized and DOT-approved trailers.
The facility (reverse terminal) is considered a mobile application
that will be in operation on a seasonal basis (December through March).
[Added 8-14-2018 by Ord.
No. 2018-13]
Buildable area after freshwater wetlands, wetland buffers,
slopes in excess of 8%, easements and previously developed (not proposed
for redevelopment) areas have been deducted from land area calculations.
[Added 2-17-2011 by Ord. No. 2010-26; amended 11-14-2011 by Ord. No.
2011-25]
A building, structure, or parcel of land, or use thereof,
lawfully existing at the time of the adoption or amendment of this
chapter and not in conformity with the provisions hereof or such amendment.
Nonconformance shall be of only two types:
NONCONFORMING BY USEA lawfully established use of land, building, or structure which is not a permitted use in that zoning district; a building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; or
NONCONFORMING BY DIMENSIONA building, structure, or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
Any system of piping, tanks, dispersal areas, alternative
toilets, or other facilities designed to function as a unit to convey,
store, treat, or disperse wastewater by means other than discharge
into a public sewer system.
[Added 10-11-2011 by Ord. No. 2011-3]
A district that may be established in this chapter that is
superimposed on one or more districts or parts of districts and that
imposes specified requirements in addition to, but not less than,
those otherwise applicable for the underlying zone.
The total parking area required for the parking of a single
vehicle, including means of ingress and egress.
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
A use by right which is specifically authorized in a particular
zoning district.
A "land development project," as defined herein, and developed
according to plan as a single entity and containing one or more structures
and/or uses with appurtenant common areas.
As used in this chapter, means the Town Planner/Administrative
Officer of the Town of Johnston.
[Added 9-10-2018 by Ord.
No. 2018-15]
The Planning Board of the Town of Johnston.
A review meeting of a proposed development held between applicants
and reviewing agencies as permitted by law and municipal ordinance,
before formal submission of an application for a permit or for development
approval.
As used in this chapter, means the Town of Johnston Land
Development and Subdivision Review Regulations as adopted by the Johnston
Planning Board and amended from time to time.
[Added 9-10-2018 by Ord.
No. 2018-15]
The General Laws of the State of Rhode Island.
[Amended 6-14-2004 by Ord. No. 2004-9]
Defined by R.I.G.L. § 44-18-7.3(b)(4)(i), as may
be amended from time to time. All room resellers must be licensed
in accordance with Town ordinances.
[Added 7-9-2018 by Ord.
No. 2018-3]
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent.
[Added 7-8-2019 by Ord.
No. 2019-10]
A building consisting of internally accessed separate, individual,
and private storage spaces of varying sizes available for lease or
rent and serviced by a not more than two loading docks.
[Added 7-8-2019 by Ord.
No. 2019-10]
A building or premises, or portion thereof, arranged, intended,
or designed to be used for the sale of gasoline or other motor vehicle,
airplane or motorboat fuel, oils and accessories for the use of motor
vehicles and the rendering of services such as lubrication, washing,
minor repairs with hand tools where such service facilities are incidental
to such principal filling station uses but not including body or fender
work or major repairs.
A line or lines parallel to a lot line at the minimum distance
of the required setback for the zoning district in which the lot is
located that establishes the area within which the principal structure
must be erected or placed.
Any advertisement, direction or communication, produced in whole or in part by the construction, erection, affixing or placing of the structure on any land or on any structure, or produced by painting, pasting, or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. Signs which are part of the architectural design of the building are not considered signs for this chapter. See Article VIII for more detailed sign definitions.[4]
[Amended 7-13-2020 by Ord. No. 2019-23]
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot. Also known
as a “plot plan.”
A regulated use which is permitted pursuant to the special
use permit issued by the Johnston Zoning Board of Review pursuant
to the provisions of this chapter governing special use permits and
R.I.G.L. § 45-24-42. Formerly referred to as a “special
exception.”
The State of Rhode Island.
A public way established or maintained under public authority,
a private way open for public uses, and a private way platted or laid
out for ultimate public use whether or not constructed.
A combination of materials to form a construction for use,
occupancy, or ornamentation, whether installed on, above, or below,
the surface of land or water.
The subdivision regulations of the Town of Johnston.[5]
Any lot lawfully existing at the time of adoption or amendment
of this chapter and not in conformance with the dimensional and/or
area provisions hereof.
The Town of Johnston.
Any vehicle or similar portable structure designed and constructed
so as to permit the occupancy thereof as a dwelling by one or more
persons and so designed and constructed that it is or may be mounted
on wheels and used as a conveyance on a street or highway, propelled
or drawn by its own or other motive power.
Pursuant to R.I.G.L. § 45-24-46.4, as may be amended
from time to time, unified development review is conducted by the
Board and may be employed to review and approve of dimensional variances,
use variances, and/or special-use permits for properties undergoing
review by the Board as land-development or subdivision projects.
[Added 9-10-2018 by Ord.
No. 2018-15]
The purpose or activity for which land or buildings are designed,
arranged, or intended, or for which land or buildings are occupied
or maintained.
Permission to depart from the literal requirements of this
chapter. An authorization for the construction or maintenance of a
building or structure, or for the establishment or maintenance of
a use of land, which is prohibited by this chapter. There shall be
only two categories of variance, a use variance or a dimensional variance.
USE VARIANCEPermission to depart from the use requirements of this chapter where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions hereof.
DIMENSIONAL VARIANCEPermission to depart from the dimensional requirements of this chapter, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
As defined in R.I.G.L. § 46-12-1(23).
As defined in R.I.G.L. § 45-22.2-4(28).
[Amended 6-14-2004 by Ord. No. 2004-9]
As defined in R.I.G.L. § 2-1-20.
A system for the conversion of wind energy into electricity.
[Added 1-11-2021 by Ord. No. 2021-1]
An establishment that by design, physical features, service,
or because of packaging procedures requires pedestrian customers to
receive services and/or obtain goods through a window or opening in
the building or by way of an automated console/terminal while walking
up to use the services. Such a use may be the principal use of the
establishment or as an accessory use to the principal use of the establishment
and may include, but is not limited to, such types of uses as a restaurant,
pharmacy, photo processor, laundry, cleaners, banks and/or other financial
institutions.
[Added 2-17-2011 by Ord. No. 2010-26]
A space on the same lot with a principal building, open,
unoccupied and unobstructed by buildings or structures from the ground
to the sky, except as otherwise provided in this chapter.
The area between a street line and a front lot line parallel
thereto drawn through the nearest point of a principal structure,
extending between side lot lines.
An area extending across the full width of the lot between
the rearmost principal building and the rear lot line, the depth of
which shall be the least distance between the rear lot line and the
rear of such principal building.
The area between the principal building and the side lot
line, extending from the front yard, or front lot line where no front
yard is required, to the rear yard. The width of the required side
yard shall be measured horizontally from the nearest point of the
side lot line toward the nearest part of the principal building.
The Zoning Board of Review of the Town of Johnston.
A document signed by the Zoning Enforcement Officer, as required
in this chapter, which acknowledges that a use, structure, building,
or lot either complies with or is legally nonconforming to the provisions
of this chapter or is an authorized variance or modification therefrom.
The local official responsible for the administration and
enforcement of this chapter, who shall have a minimum of five years
of zoning ordinance administration and enforcement experience.
The map or maps which are a part of this chapter and which
delineate the boundaries of all mapped zoning districts within the
physical boundary of the Town of Johnston.
The Johnston Zoning Ordinance enacted by the Town Council
of the Town of Johnston pursuant to R.I.G.L. § 45-24-27
et seq., and in the manner provided for the adoption of ordinances
in the Town's Charter, if any, which sets forth regulations and standards
relating to the nature and extent of uses of land and structures,
which is consistent with the Johnston Comprehensive Community Plan
as defined in R.I.G.L. Title 45, Chapter 22.2, which includes the
Johnston Zoning Map, and which complies with the provisions of R.I.G.L.
§ 45-24-27 et seq.
[Amended 6-14-2004 by Ord. No. 2004-9]
The basic unit in zoning, either mapped or unmapped, to which
a uniform set of regulations applies, or a uniform set of regulations
for a specified use. The districts include, but are not limited to,
agricultural, commercial, industrial, institutional, open space, and
residential. Each district may include subdistricts. Districts may
be combined.
[1]
Editor's Note: The former definition of "cluster," which immediately
followed this definition, was repealed 10-11-2011 by Ord. No. 2011-3.
[2]
Editor’s Note: The most current regulations are on file
in the Town offices.
[3]
Editor's Note: The former definition of "duplex," which immediately
followed, was repealed 7-13-2020 by Ord. No. 2019-23.
[4]
Editor's Note: The former definitions of "sign, announcement,"
"sign, identification," and "sign, mobile," which immediately followed,
were repealed 7-13-2020 by Ord. No. 2019-23.
