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Johnston City Zoning Code

CHAPTER 198

PARK DEDICATION

198.01 PURPOSE

  • 1.
    The purpose of this Chapter is to regulate the use and development of land so as to assure that new developments provide for the health, safety and welfare of future residents by providing land for public parks within the city and within areas being newly developed or redeveloped for residential purposes.

    • Effective on: 5/1/2023

    198.02 DEDICATION OF PUBLIC PARKLAND REQUIRED

  • 1.
    Any developer who seeks to develop land for residential purposes within the City shall be required to dedicate public parkland. No new plats or site plans for residential development shall be approved unless and until the provisions of this Chapter are complied with.
    1. A.
      The dedicated public parkland may include waterways and ponds, provided the area of such waterways and ponds is not used to satisfy the amount of public parkland required in Section 198.03 Computation of Amount of Public Parkland Required.
    2. B.
      Where proposed subdivisions abut undeveloped lands, the dedicated public parkland shall be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the City Council and based on the direction established in the Comprehensive Plan, to allow the public parkland to be increased in size when the adjacent property develops.
    3. C.
      The development of private recreational amenity space as required by Section 176.11 shall not be used to satisfy parkland dedication requirements.
    4. D.
      Alternative to Development of Public Parkland. If a developer does not desire to dedicate public parkland required in Section 198.03 Computation of Amount of Public Parkland Required, the developer may make a request to the City Council that the developer be allowed to meet the requirements of such section through other arrangements agreeable to the City Council and the developer as long as such agreement provides equal value to the city. Such arrangements shall be made between the City Council and the developer in the form of a Development Agreement. The determination of equal value shall be based on the most recent City appraisal study.
  • 2.
    The following shall be exempted from the requirements of this Chapter:
    1. A.
      Alterations or expansion of an existing building where no additional residential units are created and where the use is not changed.
    2. B.
      The construction of accessory buildings or structures.
    3. C.
      The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same use and the same number of units.
    4. D.
      The installation of a replacement manufactured or mobile home.
    5. E.
      The construction of any nonresidential building or structure or the installation of a nonresidential manufactured or mobile home.
    6. F.
      The construction of a residential care facility, assisted living facility, nursing facility or continuing care facility.
    7. G.
      Minor subdivisions as described in CHAPTER 199 SUBDIVISION PROCEDURES of this Code of Ordinances.
    8. H.
      Any claim of exemption shall be made no later than the time of application for a preliminary plat approval or a building permit, whichever occurs first. Any claim not so made shall be deemed waived.

    • Effective on: 5/1/2023

    198.03 COMPUTATION OF AMOUND OF PUBLIC PARKLAND REQUIRED

    This Section shall prescribe the minimum amount of space to be provided in a proposed development for use as a public park. Such space shall be required to be provided for by a developer who seeks to develop land within the City by submitting a plat or site plan for approval.

    1. 1.
      The amount of public parkland required in a proposed development shall be computed as follows:
      1. A.
        Residential Occupancy per Living Unit. In determining the anticipated occupancy for the proposed development, it shall be assumed that the following dwellings will accommodate the following number of individuals:
    Land Use Type (Unit)Individuals Per Residential Living Unit
    Dwelling, single-unit2.980 individuals
    Dwelling, two, three or four unit; Dwelling, townhouse; or Dwelling, detached cottage courtyard1.954 Individuals
    Dwelling, apartment or Dwelling, live-work unit1.615 individuals
    Manufactured or Mobile Home1.600 individuals
    Land Use Type (Unit)Individuals Per Residential Living Unit
    Dwelling, single-unit2.980 individuals
    Dwelling, two, three or four unit; Dwelling, townhouse; or Dwelling, detached cottage courtyard1.954 Individuals
    Dwelling, apartment or Dwelling, live-work unit1.615 individuals
    Manufactured or Mobile Home1.600 individuals
    1.  
      1. B.
        Public Parkland per Individual. In determining the space required for public parkland in a proposed development, it shall be required that five (5) acres of recreational space be provided for every 1,000 individuals. Since some developments will not house 1,000 individuals, the space requirement is to be applied on a per-individual basis. Therefore, .005 acres of public parkland shall be provided for each individual proposed to be housed in the new development based on the assumptions contained in Subsection 198.03.1.A above.
      2. C.
        The following is an example of a calculation using Subsections 198.03.1.A and 198.03.1.B above for illustration purposes only:
        1. 1.
          For a single-unit detached development intended for individual ownership, the following formula would be utilized:
        2. 2.
          If the development would have 75 lots, then the calculation based on the formula above would be as follows:

          (number of lots) x (2.980 individuals/lot) x (.005 acres/individual)

        3. 3.
          In this example the developer would be required to dedicate at least 1.118 acres of public parkland within the proposed development.

          75 lots x 2.980 x .005 = 1.118 acres

    Effective on: 5/1/2023