[Amended 11-12-1996 by Ord. No. 981]
A.
An application for relief from the literal requirements
of this chapter because of hardship may be made by any person, group,
agency, or corporation by filing with the Zoning Enforcement Officer
an application describing the request and supported by such data and
evidence as may be required by the Johnston Zoning Board. The Zoning
Enforcement Officer shall immediately transmit each application received
to the Zoning Board and shall transmit a copy of each application
to the Town Planner and the Planning Board.
B.
In granting a variance, the Zoning Board shall require
that evidence of the satisfaction of the following standards be entered
into the record of the proceedings:
(1)
That the hardship from which the applicant seeks relief
is due to the unique characteristics of the subject land or structure
and not to the general characteristics of the surrounding area; and
is not due to a physical or economic disability of the applicant;
(2)
That the hardship is not the result of any prior action
of the applicant and does not result primarily from the desire of
the applicant to realize greater financial gain;
(3)
That the granting of the requested variance will not
alter the general character of the surrounding area or impair the
intent or purpose of this chapter or the Comprehensive Plan upon which
this chapter is based; and
(4)
That relief granted is the least necessary.
C.
The Zoning Board shall, in addition to the above standards,
require that evidence be entered into the record of the proceedings
showing that:
(1)
In granting a use variance the subject land or structure
cannot yield any beneficial use if it is required to conform to the
provisions of this chapter; nonconforming use of neighboring land
or structures in the same district and permitted use of lands or structures
in an adjacent district shall not be considered in granting a use
variance; and
(2)
In granting a dimensional variance, that the hardship
that will be suffered by the owner of the subject property if the
dimensional variance is not granted shall amount to more than a mere
inconvenience, which shall mean that there is no other reasonable
alternative to enjoy a legally permitted beneficial use of one's property.
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.
D.
Criteria for issuance.
(1)
The zoning official may provide for the issuance of
modifications or adjustments from the literal dimensional requirements
of this chapter in the instance of the construction, alteration, or
structural modifications of a structure or lot of record. The zoning
official shall be authorized to grant modification permits based upon
the following criteria:
|
Zone
|
Allowable Variance
| |
|---|---|---|
|
R-40
|
15% of any yard requirement
| |
|
17% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from setback requirements for accessory
structures
| ||
|
R-20
|
20% of any yard requirement
| |
|
17% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from setback requirements for accessory
structures
| ||
|
R-15
|
25% of any yard requirement
| |
|
10% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from setback requirements for accessory
structures
| ||
|
R-10
|
20% of any yard requirement
| |
|
10% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from setback requirements for accessory
structures
| ||
|
R-7
|
20% of any yard requirement
| |
|
10% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from setback requirements for accessory
structures
| ||
|
B-1
|
25% of any yard requirement
| |
|
17% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from minimum distance of structure
to R zone
| ||
|
No variance from setback requirements for accessory
structures
| ||
|
B-2
|
20% of any yard requirement
| |
|
16% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from minimum distance of structure
to R zone
| ||
|
No variance from setback requirements for accessory
structures
| ||
|
All I zones
|
20% of any yard requirement
| |
|
16% of main or accessory structure maximum height
| ||
|
No variance from lot coverage
| ||
|
No variance from minimum distance of structure
to R zone
| ||
|
No variance from setback requirements for accessory
structures
|
(3)
Within 10 days of receipt of a request for a modification,
the zoning official shall make a decision as to the suitability of
the requested modification based on the following determinations:
(a)
The modification requested is reasonably necessary
for the full enjoyment of the permitted use;
(b)
If the modification is granted, neighboring
property will neither be substantially injured nor its appropriate
use substantially impaired;
(c)
The modification requested is in harmony with
the purposes and intent of the Town of Johnston Comprehensive Plan
and this chapter; and
(d)
The modification requested does not require
a variance of a flood hazard requirement.
(4)
Upon an affirmative determination, the zoning official
shall notify, by registered or certified mail, all property owners
abutting the property which is the subject of the modification request,
and shall indicate the street address of the subject property in the
notice, and shall publish in a newspaper of general circulation within
the Town that the modification will be granted unless written objection
is received within 30 days of the public notice.
(a)
If written objection is received within 30 days,
the request for a modification will be denied. In that case the changes
requested will be considered a request for a variance and may only
be issued by the Zoning Board of Review following the standard procedures
for variances. In such cases, the application to the Zoning Board
of Review will be considered a new application, and appropriate fees
will be charged.
(b)
If no written objections are received within
30 days, the zoning official shall grant the modification. The zoning
official may apply such special conditions to the permit as may, in
the opinion of the official, be required to conform to the intent
and purposes of this chapter.
(5)
The zoning official shall keep public records of all
requests for modifications, and of findings, determinations, special
conditions, and any objections received.
(6)
Fees for such change requests will be determined based
upon the standard Zoning Board fee schedule.
A.
An application for the issuance of a special use permit
may be made by any person, group, agency, or corporation by filing
with the Zoning Enforcement Officer an application describing the
request and supported by such data and evidence as may be required
by the Zoning Board. The Table of Use Regulations[1] specifies the uses requiring special use permits in each
district. The Zoning Enforcement Officer shall immediately transmit
each application received to the Zoning Board and shall transmit a
copy of each application to the Town Planner and the Planning Board.
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
B.
In granting a special use permit, the Zoning Board
shall require that evidence of the satisfaction of the following criteria
be entered into the record of the proceedings:
(1)
That granting of the special use permit will be compatible
with the neighboring uses and will not adversely effect the surrounding
neighbors' use and enjoyment of their property;
(2)
That granting of the special use permit will be environmentally
compatible with neighboring properties and the protection of property
values;
(3)
That granting of the special use permit will be compatible
with the orderly growth and development of the Town of Johnston, and
will not be environmentally detrimental therewith;
(4)
That the best practices and procedures to minimize
the possibility of any adverse effects on neighboring property, the
Town of Johnston, and the environment have been considered and will
be employed, including but not limited to considerations of soil erosion,
water supply protection, septic disposal, wetland protection, traffic
limitation, safety and circulation;
(5)
That the purposes of this chapter, and as set forth
in the Comprehensive Plan, shall be served by said special use permit;
(6)
That granting of the special use permit will substantially
serve public convenience and welfare; and
(7)
That granting of the special use permit will not result
in or create conditions that will be inimical to the public health,
safety, morals and general welfare of the community.
A.
In granting a variance, special use permit, or in
making any determination upon which it is required to pass after a
public hearing under the provisions of this chapter, the Zoning Board
may apply such special conditions that may, in the opinion of the
Board, be required to promote the intent and purposes of the Comprehensive
Plan and this chapter. Failure to abide by any special conditions
attached to a grant shall constitute a zoning violation.
B.
Such special conditions shall be based on competent
credible evidence on the record, be incorporated into the decision,
and may include, but are not limited to, provisions for:
(1)
Minimizing adverse impact of the development upon
other land, including the type, intensity, design, and performance
of activities;
(2)
Controlling the sequence of development, including
when it must be commenced and completed;
(3)
Controlling the duration of use or development and
the time within which any temporary structure must be removed;
(4)
Assuring satisfactory installation and maintenance
of required public improvements;
(5)
Designating the exact location and nature of development;
and
(6)
Establishing detailed records by submission of drawings,
maps, plats, or specifications.
[Added 6-13-2016 by Ord.
No. 2016-4]
A.
Kennels. All buildings, structures, facilities, including runways,
and any portions of property which are accessible to the animals being
boarded at a kennel must be located at least 1,000 feet from any and
all residential structures.
B.
Drive-up/drive-through
uses. An application for a special use permit for a drive-up/drive-through
use, such as a restaurant, bank, pharmacy or other retail or service
use, must demonstrate compliance with the following standards:
(1)
No drive-through facility shall be located in any required front
yard.
(2)
Entrances to a drive-through facility shall be offset at least 50
feet from an intersection. No drive-through lane shall exit directly
onto a street.
(3)
Stacking spaces.
(a)
A sufficient number of stacking spaces for vehicles waiting to complete
a transaction shall be provided so as to prevent circulation congestion,
both on-site and on adjacent public streets. In general, the number
of stacking spaces shall be based on the following guidelines:
(b)
In addition, there shall be at least one stacking space after the
service window, before entrance to a travel lane. Each stacking space
shall be a minimum of 10 feet in width and 20 feet in length.
(4)
Drive-through lanes shall be delineated from traffic lanes and parking
areas with striping, curbing, landscaping and/or the use of alternative
paving material. Where pedestrians will intersect with a drive-through
lane, crosswalks shall be provided, making use of striping and/or
alternative paving material.
(5)
Adequate directional and warning signs shall be provided to assure
smooth traffic circulation and pedestrian safety, including marking
entrances, exits and one-way lanes of drive-through areas. The placement
of all directional signage shall be subject to review and approval
under the provisions of this article.
(6)
Menu boards or other informational boards shall face away from public
rights-of-way. All lighting associated with menu boards, window service
areas or travel lanes shall be directed and shielded so as to prevent
any glare or reflection on adjoining streets or property. The placement
of all informational signage shall also be subject to review and approval
under the provisions of this article.
A.
Referral to the Planning Board. The Zoning Board, immediately upon receipt of an application for a special use permit for an industrial use, may request that the Planning Board and/or the Town Planner report its and/or their findings and recommendations in accordance with § 340-27, including a statement on the general consistency of the application with the goals and purposes of the Comprehensive Plan.
B.
Zoning Board public hearing. The Zoning Board shall
hold a public hearing on any application for a special use permit
or variance in an expeditious manner, after receipt, in proper form,
of an application, and shall give public notice thereof at least 14
days prior to the date of the hearing in a newspaper of general circulation
in the Town. Notice of hearing shall be sent by first class mail to
the applicant, and to at least all those who would require notice
under this chapter and R.I.G.L. § 45-24-53. The notice shall
also include the street address of the subject property. A supplemental
notice may be posted at the location in question that an application
for a special use permit or variance is under consideration. The posting
shall be for information purposes only and shall not constitute required
notice of a public hearing. Upon the hearing, any party may appear
in person or by agent or by attorney. The cost of all notifications
and postings shall be borne by the applicant.
C.
Records of decision. All recording of findings of fact and written decisions of the Zoning Board shall be in conformance with § 340-127.
E.
Expiration of a special use permit or variance. A
special use permit or variance shall expire one year from the date
of granting by the Zoning Board, unless the applicant exercises the
permission granted or receives a building permit to do so and commences
construction or use and diligently prosecutes the construction or
use until completed. The Johnston Zoning Board may, upon application
therefor, and for cause shown, grant an extension, provided that not
more than one extension for a period of six months be granted.
