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.
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.
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 and Rhode Island General Laws Title 45, Chapter
23; and
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.
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.