Cranston City Zoning Code
Chapter
17.36 INDUSTRIAL AND COMMERCIAL USES
§ 17.36.010 Industrial and commercial uses.
A.
Generally. No structure shall be erected for any industrial or commercial use or occupied for industrial or commercial use and no land shall be used for industrial or commercial purposes, unless such industrial or commercial use and operation has been certified in accordance with this chapter. All uses permitted under Section 17.20.030 in conformance with this section shall be deemed to be industrial uses or commercial uses as designated, for all purposes under this section.
B.
Administration of Certification. The inspector of buildings shall have the authority to certify a proposed industrial or commercial use or operation for probable compliance with this section. It is recognized that in some cases the inspector of buildings cannot adequately judge the relation of a prospective or established industrial use to the performance standards provided herein. In such cases, the inspector of buildings or the applicant may request an advisory opinion from the industrial performance commission established under Chapter 17.112.
C.
Procedure
for Certification.
1.
Generally.
Before issuing a building permit for an industrial or commercial use,
the inspector of buildings shall determine whether or not the proposed
use will comply with the performance standards articulated herein.
2.
Plans
and Specifications. In order to determine the probable compliance
of a proposed industrial or commercial use with the performance standards
of this section, the inspector of buildings may require submission
of plans and specifications of any proposed machinery, operations
and techniques to be used to meet the standards of this section. No
applicant shall be required to reveal any secret processes.
3.
Affidavit
from Applicant in Industrial use and Commercial use. The inspector
of buildings shall require an affidavit or certificate from the applicant
acknowledging his or her understanding of the applicable standards
provided herein and his or her continuing agreement to comply with
these standards to ensure that all future manufacturing, commercial
operations and processing will stay within the existing healthful
characteristics of the area as set forth by the city.
D.
Review
by Industrial Performance Commission.
1.
Procedure.
The industrial performance commission shall review all requests for
building permits for industrial or commercial use referred to it and
make findings as to the probable compliance of the proposed uses to
the performance standards of this section. Upon making such findings,
the industrial performance commission shall recommend issuance or
refusal of a building permit and convey such recommendations in writing
to the inspector of buildings within ten (10) days of the last meeting
at which deliberations on the applications were held. This process
shall not be required with regard to conforming uses in zones C1,
C2, C3, and C4.
It is intended that the burden of proof for the establishment
of reasonable assurance of compliance with performance standards of
this section shall rest with the applicant. No applicant shall be
required to reveal any secret processes. The commission shall invite
the applicant or his or her representative to appear before it at
its meeting.
2.
Evidence.
The industrial performance commission may require such evidence as
may be pertinent to establishing reasonable assurance that the proposed
use will comply with this section, including expected levels or quantities
of smoke, fumes, vibration, liquid or solid wastes, air pollution,
gases, heat and glare or other nuisances in terms easily comparable
with the values given in that section.
In cases where correction devices are to be used, they shall
be stated and examples of such correction devices in use will be given
with such illustrations as are necessary to clearly convey the methods
used to the commission. Examples of similar industrial operations
in actual use with photographs, testimony and explanation, as may
seem appropriate to the commission to clearly convey the type of use
and its performance.
E.
Issuance
of Certificate. Upon determination that a proposed industrial or commercial
operation complies with this section, certification shall be made
by the inspector of buildings and shall specify whether certification
is granted for conformance in a C-5, M-1 or M-2 district.
F.
Enforcement
of Standards.
1.
Violations.
In the event of a determination by the inspector of buildings of a
probable violation of the performance standards subsequent to the
granting of a permit, a written notice of the probable violation shall
be sent by registered mail to the owner of the industrial or commercial
use. The notice shall further state that upon the continuation of
the probable violation, technical determinations as described in this
chapter shall be made by the inspector of buildings and that if violations
as alleged are found, costs of such determinations shall be charged
against those responsible for the violation, in addition to such other
penalties as may be appropriate; but that if it is determined that
no violation exists, the costs of the determination will be paid by
the city.
2.
Review
by Industrial Performance Commission. Cases involving probable violations
may be referred by the inspector of buildings to the industrial performance
commission. In such cases, the industrial performance commission shall
proceed to investigate the alleged violation and shall make such technical
determinations as are prescribed herein. The industrial performance
commission shall make known its findings in writing to the inspector
of buildings.
G.
Performance
Standards. The following standards shall apply for the operation of
uses in C1, C2, C3, C4, C-5 and industrial districts and for the operation
of industrial or commercial nonconforming use in any zone:
1.
Noise.
Industrial and commercial noise shall be measured from any property
line of the tract on which the industrial and commercial operation
is located by the inspector of buildings, the police chief or his/her
designee. Measurement may also be made by a properly calibrated and
tested noise decibel monitoring device installed under his/her supervision.
Industrial and commercial noise shall be muffled so as not to become
objectionable due to intermittence, beat frequency or shrillness.
At the specified points of measurement, the sound pressure level
of noise shall not exceed the values given in Tables 1 and 2 in any
octave band of frequency. The sound pressure level shall be measured
with a sound level meter and an octave band analyzer that conform
to specifications published by the American Standards Association,
Inc., New York (American Standard Specification for General Purpose
Sound Level Meters S 1.4-1961 and American Standard Specifications
for an Octave-Band Filter Set for the Analysis of Noise and Other
Sounds, Z24.10-1953).
Maximum permissible sound-pressure levels at specified points
of measurement for noise radiated continuously from a facility between
the hours of 11:00 p.m. and 7:00 a.m.
Table 1 | |
|---|---|
Frequency Band (Cycles per second) | Sound Pressure Level Decibels* |
20—75 | 75 |
75—150 | 70 |
150—300 | 62 |
300—600 | 55 |
600—1200 | 49 |
1200—2400 | 43 |
2400—4800 | 37 |
4800—10000 | 35 |
Notes: |
*According to the following formula: Sound pressure level in
decibels equals 10 log P/0.0002 dynes/sq. cm. |
If the noise is not smooth and continuous or is not
radiated between the hours of 11:00 p.m. and 7:00 a.m., one or more
of the corrections in Table 2 below shall be added to or subtracted
from each of the decibel levels given above in Table 1.
Table 2 | |
|---|---|
Type of Operation or Character of Noise | Correction in Decibels |
Daytime operation 7:00 a.m. to 11:00 p.m. | plus 5 |
Noise source operated less than 20% of any one-hour period | plus 5* |
Noise source operated less than 5% of any one-hour period | plus 10* |
Noise source operated less than 1% of any one-hour period | plus 15* |
Noise of impulsive character (hammering and so forth) | minus 5 |
Noise of periodic character (hum, screech and so forth) | minus 5 |
Notes: |
Apply one of these corrections only. |
2.
Vibration.
Industrial and commercial operations shall be measured at any property
line by the inspector of buildings, the chief of police or his/her
designee. In M-2 industrial districts, vibration shall be measured
at the nearest industrial district boundary line.
No vibration is permitted which is discernible to human sense
of feeling for three minutes or more duration in any one hour of the
day between the hours of 7:00 a.m. and 7:00 p.m. or of thirty (30)
seconds or more duration in any one hour between the hours of 7:00
p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration
of more than 0.1 g or shall result in any combination of amplitudes
and frequencies beyond the "safe" range of Table 7, U.S. Bureau of
Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting", on any
structure. The methods and equations of such Bulletin No. 442 shall
be used to compute all values for the enforcement of this regulation.
3.
Smoke.
Measurement shall be taken at the point of emission. The Ringlemann
Smoke Chart published by the U.S. Bureau of Mines or Power's Micro-Ringlemann
Chart, McGraw Hill Publishing Company, 1954, shall be used for the
measurement of smoke. Gray smoke not darker than No. 1 on such charts
may be emitted, except that gray smoke not darker than No. 2 on such
charts may be emitted for periods not longer than four minutes in
any thirty (30) minutes. These provisions shall apply also to smoke
of a different color but of equivalent apparent opacity.
4.
Waste.
In C-5, M-1 and M-2 districts, effluent from any plant which is discharged
into the ground shall at times comply with the following standards:
a.
Standards.
Maximum 5-day biochemical oxygen demand | 20 ppm |
Maximum total solids | 5,000 ppm |
Maximum phenol | 0.1 ppm |
b.
No untreated liquid or solid wastes shall be emptied into any stream,
river, pond or other body of water. Treated water may be discharged
only if treated by equipment approved by the director of public works.
c.
A septic tank, tile field or other disposal place for any waste shall
be located at least one hundred fifty (150) feet from the nearest
point of any river, pond, swampy area or any district boundary of
a residential or commercial district and one thousand (1,000) feet
from any drinking water supply.
d.
No effluent shall contain any other acids, oils, dust, toxic metals,
corrosive or other toxic substance in solution or suspension which
would create odors, discolor, poison or otherwise pollute any stream
or watershed in any way.
5.
Fly
Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution.
In C-5, M-1 and M-2 districts, measurement shall be taken at the point
of emission. No emission shall be permitted which can cause any damage
to health, to animals or vegetation or other forms of property or
which can cause any excessive soiling. In no event shall any emission
be allowed of any liquid particles in concentrations exceeding 0.3
grains per cubic foot of the conveying gas or air at any point. For
measurement of the amount of particles in gases resulting from combustion,
standard corrections shall be applied to correct a stack temperature
of five hundred (500) degrees Fahrenheit and to correct the assumption
that fifty (50) percent excess air is present at the time of measurement
and should be deducted from the measured volume before computing the
grains per cubic foot to be compared with the standard.
6.
Gases
and Fumes. Any gases or fumes emitted in such quantity or of such
nature that they are or potentially may become odorous or toxic shall
be collected and filtered, washed, absorbed, burned or otherwise treated
in a manner approved by the building inspector before being discharged
into the atmosphere.
7.
Heat
and Glare. Any industrial or commercial operation producing heat or
glare (as differentiated from interior illumination) shall be shielded
so that no heat or glare can be recorded at the nearest property line
in any residential district. Exterior lights shall reflect light away
from property in any residential district.
8.
Other
Standards. Industrial hazardous waste management facility. A development
site for a hazardous waste management facility shall not receive a
building permit unless the building inspector shall have determined
that all of the following conditions and standards have been met.
a.
A development site for a hazardous waste management facility shall
be located a minimum distance of one thousand two hundred (1,200)
feet from the zoning district boundary line in M-1 and M-2 districts,
where such districts are contiguous with a residential use or a residential
district;
b.
A development site for a hazardous waste management facility shall
be located at least fifteen hundred (1,500) feet from centers for
institutional population including hospitals, penal institutions,
primary and secondary schools, colleges and universities and nursing
homes. Said minimum distance shall be measured from property lines
as shown on official maps in the Cranston Tax Assessor's office.
c.
A development site for a hazardous waste management facility shall
be located at least fifteen hundred (1,500) feet from a public recreational
facility. Said minimum distance shall be measured from property lines,
as shown on official maps in the Cranston Tax Assessor's office.
d.
Hazardous waste management facilities shall be prohibited in environmentally sensitive areas. These areas include areas of steep slope, e.g., slopes of ten (10) percent or more; areas identified as freshwater wetlands; and areas of flood hazard districts as delineated within the 100-year flood zone of Section 17.16.010 of the Cranston Zoning Ordinance as codified in this title. The building inspector shall determine that a development site for a hazardous waste management facility shall be at least five hundred (500) feet from any pond, any major stream or river or any minor stream or river. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses and wetlands areas.
e.
If a development site for hazardous waste management facility is
located more than three miles from a full time municipal fire station;
within proximity to a major food processing or dairy processing facility;
or within proximity to a public drinking water source, including underground
storage reservoirs and aqueducts, then the project developer shall
submit a "project impact report" delineating the potential environmental
impacts of the facility and further prove that there will be no significant
risk to the public health, safety and welfare. The building inspector
shall transmit the project impact report, together with any other
pertinent information to the Cranston Industrial Performance Commission
for review and approval. An approval from the industrial performance
commission shall be incorporated into subsequent negotiations with
the developer and the city, but shall not bind said negotiations nor
ratification of any siting agreement by the city council.
f.
The following regulations for an industrial hazardous waste management
facility shall apply.
Minimum Lot Area | 200,000 sq. ft. |
Minimum Lot Width and Frontage | 300 ft. |
Minimum Front Yard | 50 ft. |
Minimum Rear Yard | 50 ft. |
Minimum Side Yard | 50 ft. |
Maximum Lot Coverage (%) | 40% |
(Prior code § 30-18(g); Ord. 2020-16, § 1, 5/26/2020; Ord. 2020-17, § 1, 5/26/2020; Ord. 2024-4, § 1, 2/26/2024)