Cranston City Zoning Code
CHAPTER 17
24 PERFORMANCE STANDARDS GENERALLY
§ 17.24.010 Specific performance standards.
The following subsections delineate additional regulations which shall be adhered to for all applicable developments as defined in Section 17.04.030. These performance standards apply to all developments specifically allowed or permitted by special use permit in Section 17.20.030. These performance standards apply as minimum criteria if the owner seeks a variance through the zoning board of review. Nothing articulated in this section shall restrict the zoning board from imposing additional conditions to those variance cases.
A.
Any game room center shall:
1.
Be required to obtain a business license from the safety services and licenses committee of the Cranston city council which license shall be subject to an annual fee of five hundred dollars ($500.00) per location.
2.
Be contained within a completely enclosed building which shall have no openings other than self dosing doors.
3.
Be insulated to prevent excessive light, noise or other offensive factor from penetration into any residentially zoned or developed property within one hundred (100) feet of said game room.
4.
Be physically separated from a business establishment of another character whenever such game room is located within or in conjunction with, said business. Such physical separation shall be by the way of partitions, doors, etc., which insulates said game room from said business.
5.
Be closed to the public between the hours of 10:00 p.m. and 9:00 a.m. and prior to 12:00 noon on Sundays and during hours of operation be properly supervised so that there will be no excessive noise or unruly conduct by patrons playing said amusement machines or devices.
6.
Not be located within one thousand two hundred (1,200) feet from a school building as measured from the closest point of the school building to the main entrance of said building in which the game room or amusement machines or devices are located.
B.
Places of Commercial or Recreational Entertainment. No places of commercial or recreational entertainment shall be allowed to have more than ten (10) amusement machines or devices, except in cases where specifically authorized by the committee on safety services and licenses.
C.
Places having liquor licenses shall be allowed to have up to three amusement machines or devices and shall be exempt from the five hundred (500) foot requirement as set forth in Section 5.16.030 of the code, except in cases where specifically authorized by the committee on safety services and licenses.
D.
Places of noncommercial or nonrecreational entertainment and those places which do not have a liquor license shall be allowed to have no more than two amusement machines or devices, except in cases where specifically authorized by the committee on safety services and licenses.
E.
Occupations Within Dwellings. A home occupation or professional home office or studio, as defined in Section 17.04.030 of this title or the rooming and boarding of not more than two persons, shall be permitted within a dwelling, subject to the following restrictions:
1.
The dwelling within which the profession or occupation is permitted must be the primary residence of the professional or person conducting the occupation;
2.
Such use shall be operated entirely within the dwelling;
3.
Such use shall be conducted by persons residing within the dwelling unit and not more than one employee or assistant not residing in the dwelling unit may be employed;
4.
Such use shall not utilize more than twenty-five (25) percent of the gross floor area in the dwelling unit; and
5.
No more than one sign of not more than one square foot in size, lighted by non-flashing and non-animated illumination, may be displayed.
F.
Accessory Family Apartments.
1.
Total floor space devoted to an accessory family apartment shall not exceed twenty-five (25) percent of the entire floor area of the primary dwelling (exclusive of porches or basements) and shall be a minimum of four hundred (400) square feet and a maximum of six hundred (600) square feet in gross floor area. The apartment shall have no more than one bedroom. There shall be no more than one accessory family apartment permitted in a single-family structure.
2.
Homeowners who install an accessory family apartment shall sign an affidavit stating that the occupant of the apartment is either a parent(s) or grandparent(s) by blood or marriage of the owner of the principal single-family dwelling unit.
3.
Special permits for an accessory family apartment shall be renewable on a yearly basis by the building inspector, with a maximum fine of one hundred dollars ($100.00) for every day the apartment is inhabited by a person who is not of the relationship stated in subsection (F) of this section.
4.
The dwelling containing an accessory family apartment shall retain the appearance of a single-family dwelling with no major structural alterations to the exterior. The accessory family apartment shall have no additional external entrance that faces a street.
5.
Where sewers are not available, adequate provisions must be made for sewage disposal, including evidence that the on-site septic system is designed to accommodate the additional sewage flow.
6.
Change of ownership of the principal single-family dwelling within which an accessory family apartment is located shall cause the special permit for the accessory family apartment to be terminated. A change of ownership occurring as a result of the death of a joint owner with the survivor continuing to own the property shall not cause the special permit to be terminated.
7.
The design of the accessory family apartment shall conform to all applicable standards in the health, building and fire codes.
8.
A copy of the decision of the zoning board of review granting the special permit for an accessory family apartment shall be recorded with the records of land evidence of the city by the homeowner within thirty (30) days from the date of said decision.
G.
Commercial, Institutional and Multi-Family Building Height.
1.
In order to encourage the construction of pitched roofs on large structures and on renovations to architecturally significant structures, this section provides specific performance standards that supersede those noted in Section 17.20.110. Building height of commercial, institutional and multi-family buildings shall be measured to a point where the exterior wall meets the roof line under the following conditions only:
2.
The maximum peak height allowed for any building conforming with the above conditions shall be limited as follows:
Roof Pitch | Peak Height |
|---|---|
12:12 | 50 feet |
10:12 | 45 feet |
8:12 | 40 feet |
6:12 | 35 feet |
Notes: |
|---|
* In the case of a designed roof pitch that falls between any of the standards noted above, the building inspector shall determine the maximum allowed height based on calculation of an intermediate limit. In no case shall this section be applied to buildings in excess of fifty (50) feet. Applications for proposed buildings of fifty-one (51) feet or more shall be referred to the zoning board of review. |
(Prior code § 30-18 (a—d), (n—o), (v))
§ 17.24.020 Solar energy systems.
A.
Purpose. The purpose of this section is to regulate solar energy systems (SESs) by providing standards for application requirements specific to SESs, permitting and review processes, placement, design, construction, operation, monitoring, modification, visual screening, interconnection and removal of such systems. These standards are intended to ensure that SESs are sited appropriately with consideration of project type and scale, are compatible with or are effectively screened from the surrounding area, provide for public safety, minimize impacts on scenic, natural, and historic resources, and are consistent with the city's comprehensive plan, as amended.
B.
Applicability. The provisions of this section shall apply, as specified herein, to all SESs in the city of Cranston that have been certified as complete after February 1, 2020. The provisions of this section shall not apply to any SES certified complete before February 18, 2019, except that all proposed modifications to legal nonconforming SESs will be subject to city code Chapter 17.88, Nonconforming Uses and Structures.
C.
Definitions and Terms.
1. Abandoned Solar Energy System.
A solar energy system (SES) that has either reached the end of its useful life or is disconnected.
2. Accessory Solar Energy System.
A SES that is incidental and subordinate to the principal use(s) of the parcel(s) or development. There are two categories of accessory SESs, minor accessory SES and major accessory SES.
3. Approving Body.
The entity which has the authority bestowed by the city charter and city code to make final decisions on SES applications. The approving body is determined by the type/category of any given SES application as prescribed in Section 17.24.020(E).
4. Building-integrated Solar Energy System.
A SES that is incorporated into or onto a building or structure.
6. Contaminated Site Solar Energy System.
A principal solar energy system located on a contaminated site pending remediation or a remediated and restricted contamination site.
7. Contaminated Site Pending Remediation.
A property that has been identified and confirmed by RIDEM as being contaminated through issuance of a "letter of responsibility," but which has not yet been remediated to the satisfaction of RIDEM.
8. Decommissioning/Restoration Plan.
A plan for dismantling a solar energy system, along with, a plan for the site restoration of the land where the system is located, and a financial guarantee for the completion of the dismantling and restoration after the system is no longer operational.
11. Fenced Area.
The area within the perimeter of the safety fence that surrounds a SES and associated infrastructure.
12. Ground-mounted Solar Energy System.
A SES that is structurally appended to the ground and is not supported by a structure or building.
13. Inclusive Approach.
A cooperative and open process in which a SES developer/applicant works with the abutting property owners within four hundred (400) feet of the project site to design and develop SES plans which take the abutter's concerns into account to the greatest reasonable extent possible.
14. Interconnection.
The point at which the solar system is connected to the electric distribution system. The interconnection of the system by the utility will generally be located at the street or along an access driveway outside of the fenced area.
15. Inverter.
A piece of equipment that converts direct current (DC) electricity from the solar panels into alternating current electricity on which the utility distribution grid operates.
16. Major Accessory Solar Energy System.
Any accessory SES which is not a minor accessory SES and whose solar lot coverage does not exceed the maximum allotted in the zoning category which it is sited.
17. Major Land Development Plan (MLD).
Any development plan not classified as a minor land development plan.
18. Minor Accessory Solar Energy System.
A category of SESs which applies to all roof-mounted SESs, building-integrated SESs, and solar canopies, as well as all accessory ground-mounted SESs that do not produce more than one hundred twenty-five (125) percent of the total electricity consumed by the use(s) on site.
19. Minor Land Development Plan.
A development plan for a residential project as defined in local regulations, provided that the development does not require waivers or modifications as specified in this act. All nonresidential land development projects are considered major land development plans.
21. Preliminary Interconnection Study.
A study indicating the anticipated route and associated costs for interconnection of a solar energy system to the electric distribution system.
22. Principal Solar Energy System.
A ground-mounted SES that is not a minor or major accessory solar energy system.
23. Remediated and Restricted Contamination Site.
A property: (1) that has been identified and confirmed by RIDEM as having contained a hazardous material contamination; (2) on which remediation activities were conducted to the satisfaction of RIDEM as documented within a "letter of compliance" or an "interim letter of compliance"; and (3) for which RIDEM has required the use of the property to be restricted through an environmental land use restriction.
24. Roof-mounted Solar Energy System.
A SES that is structurally appended onto the roof of a building or structure.
26. Solar Canopy.
A SES which is elevated as to allow for the traversing or parking of vehicles and/or people underneath. Solar canopies in residential zones shall be considered and regulated as building-mounted SESs.
27. Solar Energy.
Radiant energy received from the sun that can be collected in the form of heat or light by a solar panel.
28. Solar Energy System (SES).
The components and subsystems required to convert solar energy into electric energy suitable for use.
29. Solar Energy System Operator.
The agent or entity that conducts the daily operation and maintenance of the solar energy system under contractual agreement with the solar energy system owner.
30. Solar Energy System Owner.
The owner of equipment and appurtenances comprising the solar energy system; said entity may also be the solar energy system operator.
31. Solar Lot Coverage.
The amount of upland area allowed to be occupied by ground-mounted solar panels and associated ground-mounted equipment, exclusive of fencing, but inclusive of inter-row and panel spacing. The area of abutting lots under common ownership may be combined in the calculation of the total upland area. Solar lot coverage is calculated entirely separately from building lot coverage as defined by the Cranston City Code, as amended.
E.
Permit Requirements.
1.
All SESs are subject to the following approval procedures:
SES Use Category | Zone | Development Plan Review Committee (DPRC) | Major Land Development (MLD) | Special Use Permit | Building and Electrical Permit |
|---|---|---|---|---|---|
Minor accessory | All | N* | N | Y** | Y |
Major accessory | C-4, C-5, M-1, M-2, EI, G | Y | N | N | Y |
Principal | M-1, M-2 | Y | Y | N | Y |
Notes: |
|---|
*Solar canopies over two hundred (200) kW are subject to DPRC. |
**A special use permit is required for ground-mounted minor accessory SESs in A-80 and S-1 zones only. A special use permit is not required for roof-mounted SESs, building-integrated SESs or solar canopies in any zone. |
Y = Yes |
N = No |
2.
All SES applications located within the city of Cranston and/or National Historical District(s) shall receive approval from the applicable district prior to submittal of a building permit.
3.
Final plans shall be approved and recorded before any SES that required DPRC and/or MLD approval can submit a building permit to the city.
4.
Issuance of a building permit (local and/or state) is required prior to any installation of a SES.
F.
General Requirements.
1.
Location.
a.
SESs shall be allowed under zoning in accordance with the Cranston City Code Use Table, Section 17.20.030.
b.
SESs shall not be allowed on land held under conservation easement or land for which the development rights have been sold, transferred, or otherwise removed from the parcel, unless the conditions of the easement, deed or other applicable legal document specifically allows for such facility.
c.
SES panels and equipment shall, to the greatest extent possible, be sited within the project site in the area(s) which are anticipated to minimize potentially adverse impacts to nearby properties, communities and natural resources with reasonable considerations to site conditions and other use(s) on site as applicable.
2.
Building permit and inspection. No SES shall be constructed, installed, or modified without first obtaining a building permit and such facility shall be subject to periodic inspections as deemed necessary by the building official and/or electrical inspector.
3.
Height.
a.
Roof-mounted and building-integrated SESs are exempt from building height regulations.
b.
No solar canopy shall exceed the height limitation of the zoning district on which the SES which it is located.
c.
No individual panel within a ground-mounted SES shall exceed twelve (12) feet in height. The approving body may grant relief from this requirement at its discretion should uses(s) be proposed underneath the panels which are allowed under zoning and are compatible and appropriate uses on the site.
4.
Solar Lot Coverage.
a.
Definition. The amount of upland area allowed to be occupied by ground-mounted solar panels and associated equipment, exclusive of fencing, but inclusive of inter-row and panel spacing. Solar lot coverage is calculated entirely separately from building lot coverage, as defined by the Cranston City Code, as amended.
b.
Applicability. Solar lot coverage applies to all major accessory and principal SESs. This section shall not apply to minor accessory SESs.
c.
The solar lot coverage of all ground-mounted SESs are as follows:
M-1 and M-2 | C-4 and C-5 | EI and G | |
|---|---|---|---|
Major Accessory | 30% | 20% | 20% |
Principal | 85% | N/A | N/A |
5.
Setbacks.
a.
All roof-mounted and building integrated SESs are exempt from building setbacks so long as they do not encroach into any setback beyond the building on which they are proposed.
b.
Solar canopies and ground-mounted minor accessory SESs shall be setback a minimum the setback requirements of the applicable zoning district. The setbacks for accessory structures/buildings in city code Section 17.60.010 shall not apply.
c.
All major accessory SESs in nonresidential zones and principal SESs in M-1 and M-2 zones including electrical equipment shall comply with the setback requirements of the applicable zoning district, or the distance necessary to accommodate required visual screening, whichever is greater, as determined by the approving body(s).
6.
Visual Screening/Buffering.
a.
Applicability. This section applies to major accessory and principal SESs. This section shall not apply to minor accessory SESs.
b.
Longevity. Required visual screening shall be maintained for the life of the SES. The property owner and/or facility owner shall be required to replant any section of the buffer/screening found not to meet the requirements of this section as determined by the city zoning official.
c.
M-1 and M-2 Zones.
i.
To incentivize SESs in M-1 and M-2 zones, no additional visual screening will be required unless the project abuts an incompatible use or a residential zone.
ii.
Where a project abuts incompatible use or a residential zone, the applicant shall use an inclusive approach with the abutters within four hundred (400) feet of the project site do develop an effective visual screening plan. Buffer depth requirements will be flexible as to an appropriate extent based on site conditions while still achieving effective visual screening. Where appropriate, stockade fencing shall be used to satisfy the screening where the existing screening is insufficient. The materials and aesthetics of the stockade fence shall be a topic to be addressed as part of the inclusive approach, and may be conditioned by the approving body. A stockade fence alone will not suffice for visual screening, from the right-of way or abutting properties plantings shall be required in between the project fencing and the property lines as determined during the inclusive approach.
iii.
The plan commission may require an independent review of the visual screening/buffering plan as by a Rhode Island registered landscape architect in according with the city of Cranston Subdivision Regulations, as amended.
7.
Fencing.
a.
Applicability. This section shall apply to all major accessory and principal SESs. This section shall not apply minor accessory SESs.
b.
The applicant shall be required to install a minimum of an eight-foot fence around the perimeter of all ground-mounted SESs. In instances where the applicant can show that the surrounding area and site do not require fencing for protection or trespass, or to allow agricultural production within the array area, the planning board may waive the fencing requirements.
c.
Barbed wire, razor or anything similar is prohibited.
d.
Where chain-link fencing is allowed, it must be black vinyl-coated.
8.
Stormwater Management and Erosion and Sediment Control.
a.
Applicability. This section shall apply to all SESs in all zones.
b.
Site alterations must conform to the most recent edition of the RIDEM Stormwater Design and Installation Standards Manual and any other applicable agencies of jurisdiction and the RI Soil Erosion and Sediment Control handbook, as well as applicable city regulations.
c.
All applicable erosion and sediment controls must be in place prior to construction, including site work, begins.
9.
Utilities.
a.
Applicability. This section shall apply to all major accessory and principle SESs in all zones. This section shall not apply to minor accessory SESs.
b.
All utility cables on the project site shall be underground. The approving body may, at its discretion, grant relief from this requirement if there are physical barriers to underground utilities as found by National Grid which are entirely separate from matters of cost. The approving body may deny a project based on the aesthetic impacts of aboveground utilities.
c.
All electrical equipment associated with the SES shall be pad-mounted.
10.
Parking and Circulation. Adequate access, parking and turnarounds shall be provided for service and emergency vehicles for all solar canopies, major accessory and principal SESs.
11.
Lighting. Lighting of a SESs shall be consistent with applicable local, state and federal law. Lighting of other parts of the facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
12.
Noise. Applicants for a building permit to construct a SES must submit a noise study as part of their application. The noise study assesses the potential impacts at any off-site noise receptors (e.g. residences) due to sound emitted by the SESs electrical equipment including, but not limited to, inverters and transformers. The noise study is required to demonstrate that the facility, as designed, does not exceed a forty-decibel noise level (approximately the noise level experienced in a quiet office or library). The city's review engineer will assess the noise study to determine acceptable distance from the SES to any off-site receptor.
13.
Glare. All SESs shall be designed and located to prevent reflective glare toward any inhabited buildings or adjacent properties. Glare generated from solar panels shall not interfere with traffic or create a safety hazard. Racks shall have a matt finish to reduce glare and glimmer.
14.
Prime Farmland. In any areas of the site where prime farmland or farmland of statewide importance, as determined by the United States Department of Agriculture Natural Resource Conservation Service within the most recent Rhode Island Soil Survey, and where the solar facility or a portion of is proposed, the following is required:
a.
If soils need to be disturbed in areas of the site for installation purposes, the soils must be stored on site for future reclamation and areas under the panels are to be replanted with grass or low growth vegetation that is listed in the University of Rhode Island's native plant database;
b.
Siting of the facility overall and individual panels shall keep with the existing contours of the land, and only pile driven or ballast block footing are to be used, so as to minimize the disturbance of soils during installation; and
c.
Required vegetative buffers are to be composed of plant materials listed in the University of Rhode Island's native plant database (except as otherwise permitted in this ordinance), with a preference for pollinator-friendly materials to the maximum extent practicable.
15.
Manufacturing. SESs shall be manufactured and designed to comply with applicable industry standards, as may amended for time to time, including but not limited to, the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other appropriate certifying organizations as may be required by federal, or state laws or utility regulations.
16.
Herbicides and pesticides. SESs shall be constructed and maintained in a way that minimizes or refrains from the use of herbicides and pesticides.
17.
Decommissioning and Restoration. Any SES shall be removed within one hundred eighty (180) days from the date of discontinued operations. Decommissioning and restoration shall consist of:
a.
Physical removal and recycling of all solar energy facility structure, equipment, security barriers, fencing and overhead and underground electrical lines from the site.
b.
Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.
c.
Disposal of all components, wiring, and/or foundations in accordance with the provisions of the city's solid waste regulations.
d.
Stabilization and re-vegetation of the site in compliance with all state and local laws, regulations, and ordinances necessary to minimize erosion. The site shall be inspected by the zoning inspector and/or his/her designee in coordination with the planning director.
G.
Specific Review Requirements for Major Accessory and Principal SES. Major Accessory and Principal SES applications must include the following:
1.
Required at Master Plan Stage.
a.
A copy of the Preliminary Interconnection Feasibility Study from National Grid or the applicable utility company.
2.
Required at Preliminary Plan Stage.
a.
A thorough explanation of any transmission lines access or upgrade required as a result of the project, including but not limited to the route starting and end points, potential impacts to street trees, and right-of-way width;
b.
A thorough explanation of any new or proposed upgrades to electrical substations that are related to the proposed project. Information necessary is including but not limited to location, screening, setbacks and noise impacts;
c.
Diagrams detailing the solar energy facility, associated components and electrical interconnection methods, with all current state electrical code compliant disconnects and over current devices;
d.
Documentation/details of major system components to be used, including the energy panels, mounting system and inverter;
e.
An operation and maintenance plan which addresses site access maintenance, vegetation management, equipment and fence maintenance and any other maintenance that may be needed to address town requirements imposed as a result of unique site conditions;
f.
Decommission/restoration plan including an itemized cost estimate for the decommissioning and restoration of the site; (required at preliminary stage).
3.
As part of the final plan, a decommissioning estimate, prepared by a RI licensed engineer, must be approved by the building inspector. Each element of the decommissioning cost estimate must include verifiable source with contact information.
4.
Prior to the issuance of a building permit for a major accessory or principal SES, a cash bond, escrow agreement or escrow fund to cover one hundred twenty-five (125) percent of the cost of decommissioning, as approved by the approving body, shall be posted with the city of Cranston.
5.
Following the construction of a SES, the applicant shall submit an annual report providing updates on the status of all operations to the department of public works.
(Ord. 2015-38, § 1, 12/21/2015; Ord. 2020-10, § 1, 2/24/2020)
§ 17.24.030 Licensed cultivator.
A.
Definitions.
1.
The following terms shall have the definitions as set forth in this code:
Commercial day care; |
Educational institution; |
Halfway house; |
Higher education institution; |
Library; |
Municipal park/playground; |
Outdoor sports field; |
Substance abuse treatment facility; |
Trade or business school; |
2.
The following terms shall have the definitions as set forth in R.I. Gen. Laws § 21-28.6-16 and attendant regulations:
Licensed cultivator. |
B.
Licensing. A licensed cultivator shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
C.
Proximity to Other Land Uses.
1.
No licensed cultivator shall be located within one thousand (1,000) feet from an educational institution.
2.
No Licensed Cultivator shall be located within five hundred (500) feet from the land uses listed below:
3.
No licensed cultivator shall be located within four hundred (400) feet from a residential zoning district or a property with a residential use in a MPD mixed use planned district as defined in Chapter 17.100 of this code.
4.
Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a licensed cultivator. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
D.
Restrictions.
1.
A license cultivator shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts.
2.
No activities associated with a licensed cultivator shall be permitted as a home business or accessory use.
3.
Licensed cultivator production shall only be located within a building.
4.
No licensed cultivator production or processing shall be visible to the public nor shall it be visible through windows. A screened and secured loading area shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of odors.
5.
Licensed cultivator building openings, entries and windows shall be screened so as to prevent visual access to the interior of a building. No exterior signage or display of product or service shall be allowed.
6.
Licensed cultivator waste shall be stored in secured waste receptacles in the possession of and under the control of the license cultivator or other person responsible for the site. License cultivator waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Departments of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
7.
A licensed cultivator shall provide adequate security on the premises which meets the minimum-security requirements according to rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
8.
No equipment or process shall be used by a licensed cultivator that creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
9.
Light cast by light fixtures (i.e., artificial lighting) inside any structure or building used by a licensed cultivator shall not be visible from outside. Light cast by exterior light fixtures (e.g., security lights, driveway lights) shall be downcast, shielded and hooded, and not spill onto adjacent lots.
10.
Storage and disposal of manufacturing waste, fertilizers, pesticides, herbicides, and any other hazardous chemical associated with the activities of a licensed cultivator shall comply with all local, state, and federal laws. An application for review of any use by a licensed cultivator shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
11.
An annual inspection of licensed cultivator may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
E.
Annual reporting. An annual report may be required by the inspector of buildings which includes a fully executed consent to inspect premises form and documentation demonstrating compliance with the following:
(Ord. 2017-5, § 1, 2/27/2017)
§ 17.24.040 Medical marijuana dispensaries.
A.
Definitions.
1.
The following terms shall have the definitions as set forth in this code:
Commercial day care.
Education institution.
Library.
Municipal park/playground.
Outdoor sports field.
Place of religious worship.
2. "Athletic and recreational facility" "Halfway house" "Medical marijuana dispensary" "Substance abuse treatment facility" "Youth center"
The following terms are hereby defined by this section:
Athletic and recreational facility.
Halfway house.
Medical marijuana dispensary.
Substance abuse treatment facility.
Youth center.
means any athletic or recreational facility including, but not limited to, any playing field, ballfield, basketball court, tennis court, soccer field, or playground.
means a licensed facility that offers services to formerly institutionalized individuals to adjust to life in society.
means a not-for-profit corporation, subject to the provisions of Chapter 6 of Title 7 [RIGL], and registered under § 21-28.6-12, that dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder or authorized purchaser. Retail sale for recreational use is not allowed.
means a licensed facility that offers recovery services for substance abuse.
means a managed building and associated outdoor space where young people can meet to participate in a variety of leisure, athletic, educational, religious, and cultural or other activities.
B.
Licensing. A medical marijuana dispensary shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
C.
Proximity to Other Land Uses.
1.
No medical marijuana dispensary shall be located within one thousand (1,000) feet* from an educational institution.
2.
No medical marijuana dispensary shall be located within five hundred (500) feet* from the land uses listed below:
3.
No medical marijuana dispensary shall be located within four hundred (400) feet* from a residential zoning district or a property with a residential use.
4.
*Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a medical marijuana dispensary. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
D.
Restrictions.
1.
A medical marijuana dispensary shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts and shall be permitted only by the granting of a special use permit by the zoning board of review.
2.
No activities associated with a medical marijuana dispensary shall be permitted as a home business.
3.
Medical marijuana dispensary sales shall only be located within a building.
4.
Medical marijuana dispensary waste shall be stored in secured waste receptacles in the possession of and under control of the medical marijuana dispensary or other person responsible for the site. Medical marijuana dispensary waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Department of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
5.
A medical marijuana dispensary shall provide adequate security on the premises which meets the minimum security requirements according to the rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
6.
Light cast by exterior lighting fixtures (e.g., security lights, driveway lights) shall be downcast, shielded and hooded, and not spill onto adjacent lots.
7.
No equipment or process shall be used that creates noise, dust, vibration, glare, or electrical interference detectable to the normal senses beyond the property boundary. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
8.
Storage and disposal of waste or any other hazardous chemical associated with the activities of a medical marijuana dispensary shall comply with local, state, and federal laws. An application for review of any use by a medical marijuana dispensary shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
9.
An annual inspection of medical marijuana dispensary may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
10.
Outdoor display of merchandise shall be prohibited.
11.
The hours of operation shall be between 10:00 a.m.—7:00 p.m.
12.
The minimum lot area shall be six thousand (6,000) square feet.
13.
Off-street parking requirements shall be determined by the zoning board of review through the special permit process.
14.
Signage requirements for building and free standing signs shall be consistent with the C-3 zoning district. Billboards are prohibited.
E.
Annual Reporting. An annual report may be required by the inspector of buildings which includes a fully executed consent to inspect premises form and documentation demonstrating compliance with the following:
(Ord. 2020-9, § 2, 2/24/2020)
§ 17.24.050 Retail sales of cannabis.
A.
Definitions.
1.
The following terms shall have the definitions as set forth in this code:
Commercial day care.
Education institution.
Library.
Municipal park/playground.
Outdoor sports field.
Place of religious worship.
2. "Athletic and recreational facility" "Cannabis retailer" "Halfway house" "Hybrid cannabis retailer" "Marijuana retail facility" "Substance abuse treatment facility" "Youth center"
The following terms are hereby defined by this section:
Athletic and recreational facility.
Cannabis retailer.
Halfway house.
Hybrid cannabis retailer.
Marijuana retail facility.
Substance abuse treatment facility.
Youth center.
means any athletic or recreational facility including, but not limited to, any playing field, ballfield, basketball court, tennis court, soccer field, or playground.
as defined under Sec. 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.
means a licensed facility that offers services to formerly institutionalized individuals to adjust to life in society.
under § 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.
means any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including, but not limited to, compassion centers, as defined in R.L. § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums. This shall not include a cannabis retailer or hybrid cannabis retailer, as defined herein.
means a licensed facility that offers recovery services for substance abuse.
means a managed building and associated outdoor space where young people can meet to participate in a variety of leisure, athletic, educational, religious, and cultural or other activities.
B.
Licensing. A cannabis retailer and hybrid cannabis retailer shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
C.
Proximity to Other Land Uses.
1.
No cannabis retailer and hybrid cannabis retailer shall be located within five hundred (500)* feet from an educational institution.
2.
No cannabis retailer and hybrid cannabis retailer shall be located within five hundred (500) feet* from the land uses listed below:
3.
No cannabis retailer and hybrid cannabis retailer shall be located within four hundred (400) feet* from a residential zoning district or a property with a residential use.
4.
*Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a medical marijuana dispensary. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
D.
Restrictions.
1.
A cannabis retailer and hybrid cannabis retailer shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts. A marijuana retail facility shall be prohibited in the city.
2.
Cannabis retailer and hybrid cannabis retailer sales shall only be located within a building. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
3.
Cannabis retailer and hybrid cannabis retailer waste shall be stored in secured waste receptacles in the possession of and under control of the medical marijuana dispensary or other person responsible for the site. Cannabis retailer and hybrid cannabis retailer waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Department of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
4.
A cannabis retailer and hybrid cannabis retailer shall provide adequate security on the premises which meets the minimum security requirements according to R.I.G.L. § 21-28.11 et seq., the rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
5.
Light cast by exterior lighting fixtures (e.g., security lights, driveway lights) shall be downcast, shielded, and hooded, and not spill onto adjacent lots.
6.
Storage and disposal of waste or any other hazardous chemical associated with the activities of a cannabis retailer and hybrid cannabis retailer shall comply with local, state, and federal laws. An application for review of any use by a cannabis retailer and hybrid cannabis retailer shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
7.
An annual inspection of a cannabis retailer and hybrid cannabis retailer may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
8.
Outdoor display and sales of merchandise shall be prohibited.
9.
The hours of operation shall be between 10:00 a.m.—7:00 p.m.
10.
The minimum lot area shall be six thousand (6,000) square feet.
11.
Parking requirements shall be consistent with the requirements of a C-3 zoning district for retail use.
12.
Signage requirements for building and free-standing signs shall be consistent with standards applicable to retail establishments that sell alcoholic beverages. Billboards are prohibited.
(Ord. 2023-26, § 1, 12/18/2023)