Johnston City Zoning Code
ARTICLE XX
Compassion Centers
§ 340-137 Definitions.
[Amended 7-10-2017 by Ord. No. 2017-5]
The purpose of this section is to establish rules for interpreting the text of this article, to define certain words and terms, and to provide for the interpretation of this article by adoption of a technical dictionary. The definitions that follow and those included in R.I.G.L. Title 21, Chapter 28.6, govern the interpretation of words in this article. All words and phrases not defined will be interpreted and understood according to the common preferred usage of the language.
A not-for-profit corporation subject to the provisions of Chapter 6 of Title 7 and registered under R.I.G.L. § 21-28.6-12 that acquires, possesses, 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 or authorized purchaser.
Any entity that, under state law, may acquire, posses, cultivate, manufacture, deliver, transfer, transport, or supply marijuana, medical or otherwise, to a registered compassion center or other entity authorized to dispense marijuana.
A retail business or restaurant and entertainment, whether for profit, nonprofit, or otherwise, at which the sale or use of marijuana, medical or otherwise, takes place. This shall include without limitation any so-called vape lounge, vapor lounge, or any other establishment at which marijuana, medical or otherwise, is consumed in vaporized form.
A facility used by a qualifying patient cardholder (hereafter "patient") or a primary caregiver cardholder (hereafter "caregiver") as defined in Rhode Island General Laws to cultivate and grow marijuana under the Medical Marijuana Act.[1]
Town Inspectors may include zoning officials, police, or any other town official who may investigate possible violations under this article or the Medical Marijuana Act.
[1]
Editor's Note: See R.I.G.L. § 21-28.6-1 et seq.
§ 340-138 Medical marijuana facilities. [1]
[Added 7-10-2017 by Ord. No. 2017-5]
Medical marijuana facilities must:
A.
Be located at the cardholder's primary residence and if the cardholder does not own the property, the owner(s) shall provide written notarized acknowledgement of the proposed use at time of application.
B.
Apply for the following approvals, which applications shall be sealed and kept confidential and not subject to review by any party other than the cardholder:
C.
Comply with the following requirements:
(1)
The area used for cultivation and growth is secured by locked doors and an alarm system;
(2)
The area used for cultivation and growth has two means of ingress and egress;
(3)
The area used for cultivation and growth is not below grade and not in a basement;
(4)
The area used for cultivation and growth is not within 10 feet of a heating or other ignition source such as an electric, propane, natural gas or oil-fired furnace or heater, or as required per manufacturer specifications of such source;
(5)
The area used for cultivation and growth has proper ventilation to mitigate the risk of mold;
(6)
The area used for growing has carbon filters installed to reduce odors;
(7)
Smoke alarms/detectors are installed in accordance with state fire code and/or to the satisfaction of the Fire Marshal;
(8)
Compressed flammable gas is not used for the purposes of cultivation and growth;
(9)
The cultivation and growth is not perceptible from the outside, including, but not limited to, odors or noises related to the cultivation and growth;
(10)
The facility is not used and could not be used to enhance the effects of the tetrahydrocannabinol (THC) in the cardholder's usable or unusable medical marijuana;
(11)
The facility is not being used and could not be used to extract any chemicals or oils from the cardholder's usable or unusable marijuana.
[1]
Editor's Note: Former § 340-138, Use regulations; special use permit required, was repealed 7-10-2017 by Ord. No. 2017-5.
§ 340-138.1 Special use permit required.
[Added 7-10-2017 by Ord. No. 2017-5]
All uses listed in Subsection 15, Special uses, of the Table of Use Regulations, Attachment 1 of this chapter, requiring a special use permit must meet the following standards for a special use permit to be granted:
A.
Application. The application must provide the legal name and address of the applicant. If the applicant is a corporation, the Articles of Incorporation, the name, address and date of birth of each principal officer and board member must be included with the application.
B.
Findings. In granting a special use permit, the Board must find that:
(1)
The requested use at the proposed location will not adversely affect the economic welfare of the surrounding neighborhood;
(2)
The requested use at the proposed location will not adversely affect the use of any property, public or private, used for school, park, playground, playfield, youth center, licensed day-care center, or other location where groups of minors regularly congregate;
(3)
The requested use at the proposed location is sufficiently buffered in relation to any residential uses in the immediate vicinity so that it shall not adversely affect said uses; and
(4)
The exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
C.
Location.
(1)
All special use permits must be located at least:
(a)
One thousand five hundred feet from the nearest house of worship, public or private school, park, playground, playfield, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or
(b)
Two thousand feet from any other compassion center and medical marijuana cultivation center; or
(c)
One thousand feet from the Johnston Town lines.
(2)
All special use permits except medical marijuana facilities must be located at least 1,000 feet from the nearest residential zoning district, lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of this article and a B-1 or B-2 zoning business district.
(3)
The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the use is proposed to be located to the nearest boundary line of a residential zoning district or to the nearest property line of any of the other designated use set forth above.
D.
Hours of operation. All special use permits except medical marijuana facilities may only operate between the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday and may not be open to the public on Saturdays and Sundays.
E.
Lighting.
(1)
Lighting shall adequately illuminate the compassion center and medical marijuana cultivation center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the front facade, and any adjoining public sidewalk.
(2)
Lighting shall be hooded or oriented so as to deflect light away from adjacent properties.
F.
Security. The proposed compassion center and medical marijuana cultivation center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall insure that each location has an operational security alarm system. The Board may require the applicant to seek review and approval of the security measures from the Police Department.
G.
Parking. All uses permitted under this article must comply with the off-street parking and loading requirements and regulations of this chapter for the zoning district in which the use is located.
H.
No use permitted under this article shall be allowed a freestanding accessory sign.
I.
Violations. A violation of this article shall result in the loss of legal status in the Town of Johnston as a patient or caregiver cardholder in accordance with R.I.G.L. § 21-28.6. All inspectors, officials, and/or fire marshals shall be required to report a violation of the provisions of this section to the Rhode Island Department of Health.