Compassion center means, as defined in Rhode Island General Laws § 21-28.6-3, a not-for profit corporation, subject to the provisions of Chapter 6 of title 7, and registered under § 21-28.6-12, that acquires, possess, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related supplies and educational materials, to patient cardholders and/or their registered caregiver cardholder, who have designated it as one of their primary caregivers.

Marijuana cultivation center means any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana, to a registered compassion center, or other entity authorized to dispense marijuana.

Marijuana store means any retail establishment at which the sale or use of marijuana, medical or otherwise, takes place. This shall not include compassion centers regulated and licensed by the State of Rhode Island, as defined herein.

Medical marijuana cultivation center means any entity that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or supply marijuana, for medical purposes, to a registered compassion center, or other entity authorized to dispense medical marijuana.

Non-residential cooperative cultivation means a use of land located in a non-residential zone, or of a building, or a portion thereof, located in a non-residential zone for the cultivation of marijuana by two or more cardholders, as defined in Rhode Island General Laws § 21-28.6-3.

Residential cooperative cultivation means use of land located in a residential zone, or of a building, or portion thereof, located in a residential zone, for the cultivation of marijuana by two or more cardholders, as defined in Rhode Island General Laws § 21-28.6-3.

Patient cultivation means marijuana cultivation by a single registered cardholder, as defined in Rhode Island General Laws § 21-28.6-3, within his or her residential dwelling for medical use only. This use shall only be permitted as an accessory use to a lawfully permitted residential use. In a mixed use building that contains residential and nonresidential uses, this use shall be contained within the residential dwelling unit only.

(Amend. of 10-2-17)

A.

Compassion centers shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A compassion center requires Major Land Development approval by the Planning Board and must meet all of the following requirements:

1.

Evidence that the requested use at the proposed location is not within 1000 feet of any property used for school, public or private, playground, play field, youth center, licensed day-care center or any location where groups of minors regularly congregate.

2.

The requested use at the proposed location will be sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

3.

The exterior appearance of the structure must be consistent with the exterior appearance of existing structures within the immediate neighborhood.

4.

The proposed compassion center shall implement the appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.

5.

All compassion center uses shall comply with all licensing and permitting requirements of the Town of Exeter and the laws of the State of Rhode Island.

6.

The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

7.

The proposed compassion center shall provide detailed plans to the Planning Board regarding the disposal of their wastewater from the growing operations, hours of operation, number of employees, parking requirements, signage, lighting and any other items deemed necessary by the Town Planner or the Planning Board as part of the application review process.

8.

See section 12.8 of this article, Building requirements.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

A.

Marijuana cultivation centers shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A marijuana cultivation center shall require Major Land Development approval by the Planning Board and must meet all of the following requirements:

1.

Evidence that the requested use at the proposed location is not within 1000 feet of property used for school, public or private, playground, play field, youth center, licensed day care center or any location where groups of minors regularly congregate.

2.

The requested use at the proposed location will be sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

3.

The exterior appearance of the structure must be consistent with the exterior appearance of existing structures within the immediate neighborhood.

4.

The proposed cultivation center shall implement the appropriate security measures to deter and prevent unauthorized entrance into the facility and shall ensure that the facility has an operational security/alarm system.

5.

The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

6.

The proposed cultivation center shall provide detailed plans to the Planning Board regarding the disposal of their wastewater or waste products from the growing or manufacturing operations, hours of operation, number of employees, parking requirements, signage, lighting and any other items deemed necessary by the Town Planner or the Planning Board as part of the application review process.

7.

See section 12.8 of this article, Building requirements.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

Reserved.

(Amend. of 10-2-17)

Reserved.

(Amend. of 10-2-17)

A.

Non-residential cooperative cultivation shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A non-resident cooperative cultivation allowed as a special use shall require approval as a minor land development as well as approval of a special use permit. The Planning Board will consider the applications together under unified development review. The documentation required by this ordinance shall be included in the joint application for both approvals. In the case where a non-residential cooperative cultivation is permitted by right, all required documentation shall be submitted to the zoning inspector with the request for a zoning certificate. All non-residential cooperative cultivations shall be subject to the following requirements:

1.

A cardholder shall only cooperatively cultivate in one location.

2.

No single location shall have more than one cooperative cultivation. For the purposes of this section, location means one structural building, not units within a structural building.

3.

The cooperative cultivation shall not be visible from the street or other public areas.

4.

A written acknowledgment of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.

5.

The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

6.

See section 12.8 Building requirements of this chapter.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

A.

Residential cooperative cultivation shall be permitted according to Table 2.4 and shall be subject to all applicable provisions of the zoning ordinance. A resident cooperative cultivation allowed as a special use shall require approval as a minor land development as well as approval of a special use permit. The Planning Board will consider the applications together under unified development review. The documentation required by this ordinance shall be included in the joint application for both approvals. In the case where a residential cooperative cultivation is permitted by right, all required documentation shall be submitted to the zoning inspector with the request for a zoning certificate. All residential cooperative cultivations shall be subject to the following requirements:

1.

A cardholder shall only cooperatively cultivate in one location.

2.

No single location shall have more than one cooperative cultivation. For the purposes of this section, location means one structural building, not units within a structural building.

3.

The cooperative cultivation shall not be visible from the street or other public areas.

4.

A written acknowledgment of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises.

5.

The use of butane for the purposes of marijuana extraction shall be prohibited in all districts.

6.

See section 12.8 Building requirements of this chapter.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

A.

All licensed cultivators, retail stores and compassion centers shall apply for all appropriate building, electrical, mechanical and plumbing permits as required by the building official. The building official may grant the application for permits pursuant to the R.I. building code. All licensed cultivators, retail stores and compassion centers shall apply for all required approvals and inspections by the local fire marshal. The fire marshal may grant the application for permits pursuant to the R.I. fire safety code.

B.

Additional Requirements. In addition to the requirements above, the building official or Planning Board shall require the following:

1.

The area used for growing shall be secured by locked doors and an alarm system.

2.

The area used for growing shall have two means of ingress and egress.

3.

The area used for growing shall not be within ten feet of any heating source.

4.

The area used for growing shall have proper ventilation to mitigate the risk of mold.

5.

The area used for growing shall have carbon filters (or equivalent) installed to reduce odors.

6.

No single non-residential location may have more than one medical marijuana facility. For the purposes of this section, location means one structural non-residential building, not units within a structural building.

7.

No equipment or process shall be used that creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.

8.

Storage and disposal of processing waste, fertilizers and any other hazardous chemical associated with the activities of the growing or processing of medical marijuana or medical marijuana products shall comply with all local, state and federal requirements.

(Amend. of 10-2-17; Ord. of 12-4-2023(1))

All applications for medical marijuana cultivation centers, marijuana cultivation centers, marijuana stores and/or compassion centers are required to obtain an annual business license from the Town Council. The cost of such license shall be $400.00.

(Amend. of 10-2-17)

Any application for a permit, any inspection reports, approvals, certificates of occupancy or any other document prepared or created pursuant to this chapter shall not include the term marijuana, cardholder, caregiver, cooperative cultivation or any other term that may indicate that such document is or has been prepared or created pursuant to this chapter.

(Amend. of 10-2-17)

The building official, fire marshal, zoning official and/or other designated official shall be required to report a violation of any of the provisions of this section to the Rhode Island Department of Business Regulation.

(Amend. of 10-2-17)