The purpose of supplementary regulations is to set specific conditions for various uses, classification of uses or areas where special regulations apply.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08)

   The front, side and rear yards as required by district dimensional regulations, shall be unoccupied and unobstructed by buildings or structures, except as provided as follows:

   (A)   Ordinary projections of window sills, cornices, eaves and other structural features may extend not more than 12 inches into the space above required yards;

   (B)   Required and ordinary projections for stairs, landings, bulkhead entrances and chimneys;

   (C)   Signs, as permitted in Article 12;

   (D)   Driveways and walkways;

   (E)   Fences, as permitted in § 705;

   (F)   Accessory uses and structure as permitted in § 703.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08)

   (A)   Residential zoning districts. In any residential zoning district other than Residential Multifamily (RM) and Mobile Home/Transient Trailer (MT), not more than one dwelling unit or principal building shall be permitted on a lot, except in the case of motels or hotels, and multifamily dwelling projects in conservation developments, as further provided in this chapter.

   (B)   Commercial and industrial districts (GB, OB, LB, LI). In these districts, more than one principal building per lot shall be permitted if used for commercial, office or industrial purposes.

(Ord. passed 10-30-06; Am. Ord. 08-05, passed 5-19-08)

   (A)   Except as otherwise provided in divisions (F) and (G), an accessory use which is clearly incidental and secondary to the principal permitted use, or use permitted as a special use of the premises or structure shall be allowed; provided that such accessory use shall be located on the same lot to which it applies.

   (B)   No accessory buildings or structures shall be located nearer than ten feet to a principal building unless such accessory buildings or structure are structurally attached to the principal building except for solar carports or canopies as described in § 725.

   (C)   Regardless of the provisions of Table of Zoning District Dimensional Regulations concerning Accessory Buildings - Minimum Distance in Feet to Side Lot Lines and Rear Lot Line, § 603, any accessory structure, having 150 square feet or less floor area with a maximum height of 15 feet shall be permitted to be placed no closer than five feet to any lot line in the required rear yard. Provided, however, that no accessory structure, pen or enclosure used for keeping animals shall be permitted closer to a property line than the distance permitted for accessory buildings in the Table.

   (D)   No accessory building or structure, except signs as allowed by Article 12, satellite dish antennas and communication towers as allowed by Article 25, and solar carports or canopies as allowed in § 725 shall be located in any required front yard.

   (E)   Vending machines, newsstands, soft drink machines, etc., shall be considered to be accessory structures and shall not be placed within the right-of-way of streets, attached to a utility pole, or located within any required off-street parking and loading facility. Such structures are permitted only if attached to or abutting a building, upon a sidewalk or exterior mall adjacent to a building, or within pedestrian areas associated with a building.

   (F)   Farm-promotion accessory uses are allowed by obtaining a special use permit from the Board of Review; provided however, that the operation of a mobile food establishment on a large farm, and a product stand with a building of 150 square feet or less as set forth in § 722 hereof, shall be permitted by right. Such uses are subject to applicable requirements and conditions of farm-promotion accessory uses, as well as to any conditions imposed by the Board under conditions on variances and special use permits.

   (G)   A tent erected and maintained for not more than 30 days, or for up to nine months under successive licenses issued by the Building Official under the tent chapter (Town Code, Chapter 101), shall be considered an accessory structure and shall be allowed as a matter of right in all districts. All other tents exceeding 120 square feet in area shall require a special-use permit from the Zoning Board of Review, which is expressly authorized, after considering the requirements for special-use permits under § 902, to allow the tent to be located on the lot containing the principal use or on an undeveloped lot.

   (A)   The following structures, or parts of structures, when accessory to a permitted or special principal use may be permitted above the maximum height limitations set forth in § 603, provided they meet all other rear, side, and front lot requirements of this chapter: flagpoles, chimneys, radio masts, television antennas and water tanks.

   (B)   Structures other than those listed in height and yard modifications above, may exceed the height limitation provided in § 603, only upon the granting of a variance by the Zoning Board of Review.

   (C)   Structures permitted above the maximum height requirements by the Zoning Board of Review shall be set back from any lot line one additional foot by which the height of each structure exceeds the maximum height limit for the district.

   (D)   For the purpose of side yard regulations, duplex dwellings and townhouse dwellings with common party walls shall be considered as one building occupying one lot: duplex dwellings and townhouse dwellings.

   (E)   For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps, or depicted on the Rhode Island Coastal Resources Management Council (CRMC) Suggested Design Elevation Three Foot Sea Level Rise (CRMC SDE 3 SLR) Map as being inundated during an 100 year storm, the maximum building height for a principal building set forth in Sections 603 and 604 of this chapter, as applicable, shall be reduced by eight (8.0) feet.

   (A)   Purpose. The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, hedges, and walls in order to prevent the creation of nuisances and to promote the general welfare of the public. In all zoning districts, fences, hedges, and walls are permitted only in accordance with the provisions of this section.

   (B)   Fences and walls of any composition, including hedges, on all or part of the perimeter of any parcel of land in Middletown are subject to the requirements of this section.

   (C)   Hedge defined. A hedge is a line of closely spaced shrubs and bushes or trees, planted and trained in such a way as to form a barrier or to mark the boundary of an area.

   (D)   Permit requirement. With the exception of work associated with restoration or repair of an existing fence or wall, before a fence or wall is constructed or replaced, a permit application must be obtained from the Zoning Officer, completed and signed by the property owner, and submitted to the Zoning Officer with a fee in an amount established by the Town Council. An accurate site plan, satisfactory to the Building Inspector, showing the location of the fence or wall in relation to all property lines must be submitted with the application.

   (E)   Location. No fence, wall or hedge shall be located so as to encroach on any public right of-way or interfere with existing utilities or drainage patterns.

   (F)   Height limitation. 

      (1)   Fences and walls may be permitted in any required yard or along the edge of any yard as follows, not to exceed the maximum height as listed:

 

 

      (2)   Hedges are permitted at any height.

   (G)   Materials. Chain link fences shall be erected so that the knuckle edges are on top and the twists (barbed ends) are on the bottom. Barbed wire fences are prohibited in residential districts, and prohibited in other districts unless they are in full compliance with R.I. Gen. Laws Title 34, Chapter 10, §§ 2 - 5.

   (H)   Maintenance. All fences and walls shall be maintained in good repair. Hedges shall be maintained so as to not encroach on the public way, to provide adequate visual clearance for motorists and to not impede pedestrians.

   (I)   Nonconformities. Consistent with the provisions of § 803, nonconforming fences and walls may be altered provided that the alteration diminishes the extent of the nonconformity.

(Ord. passed 10-30-06; Am. Ord., As Amended, passed 8-3-09)

   At street intersections, no structure shall be erected and no vegetation shall be planted or maintained in such a manner as to obstruct vision between the heights of three feet and ten feet above the triangle formed by the two street lines and a third line joining points on the street lines 15 feet from the intersection.

(Ord. passed 10-30-06)

   No disposal trench, disposal bed, cesspool, seepage pit, septic tank, septic field or other facility designed to leach liquid wastes into the soil shall be located:

   (A)   Within 100 feet of a fresh water wetland, as defined in R.I. Gen. Laws Title 2, Chapter 1, as amended, excluding from such definitions:

      (2)   That area of land within 200 feet of the edge of any flowing body of water having a width of ten feet or more; and

      (3)   That area of land within 100 feet of the edge of any flowing body of water having a width of less than ten feet during normal flow; and

      (4)   That area defined as a floodplain in R.I. Gen. Laws Title 2, Chapter 1.

   (B)   Within 100 feet of a river as defined in R.I. Gen. Laws Title 2, Chapter 1.

(Ord. passed 10-30-06)

   A residence may not be converted to accommodate an increased number of dwelling units unless:

   (A)   A multiple unit dwelling is specifically allowed in that district;

   (B)   Yard dimensions and lot area equals the prescribed dimensions and area requirements for new multiple unit dwelling structures in that district; and

   (C)   The Building Inspector has received an approval permit from the state for sewage disposal facilities or from the Town Council to accommodate a large number of dwellings on the town sanitary sewer system.

(Ord. passed 10-30-06)

   The parking or storage of major recreational equipment, which includes travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, boats and boat trailers but does not include mobile homes, in residential districts, shall comply with the following regulations.

   (A)   Not more than one travel trailer, pick-up camper or coach, motorized dwelling, or tent trailer may be parked or stored out-of-doors; provided that such equipment is not more than 15 feet in height.

   (B)   Not more than one boat and/or boat trailer may be stored out-of-doors; provided, that such equipment is not more than 15 feet in height; and provided that such equipment shall not be parked or stored on or within 24 feet of the paved surface of a public road, except that in the R-10 Zoning District, such equipment shall not be parked or stored on or within 12 feet of the paved surface of a public road.

   (C)   No major recreational equipment, while parked or stored, shall be used for living, sleeping or housekeeping purposes.

   (D)   No major recreational equipment shall be stored out-of-doors in residential districts unless it is in condition for safe and effective performance of the function for which it was intended or can be made so in a six-month period.

   (E)   No major recreational equipment, not owned or operated by a person residing on the premises, shall be parked or stored on a lot in a residential zone for a period longer than seven days in a calendar year.

(Ord. passed 10-30-06; Am. Ord. 2018-18, passed 10-15-18)

   (A)   Unserviceable or junked vehicles, etc. No unregistered, unserviceable, discarded, worn-out or junked automobiles or trailer of any kind or type or bodies, engines, tires, parts or accessories thereof, shall be parked or stored on any residentially zoned property other than in a completely enclosed building.

   (B)   Commercial vehicles in a residential district. In any residential district, the parking or storage of more than one commercial vehicle of over one and one-half ton weight capacity shall not be permitted except where such parking or storage is directly related to and is accessory to a permitted use of legal nonconforming use on the premises.

(Ord. passed 10-30-06)

   (A)   No single or two-family dwelling shall be erected or single-family dwelling converted to a two-family dwelling in such a manner so as to provide living space per family of less than:

      (1)   Seven hundred-twenty square feet on one floor in a single family one-story structure;

      (2)   One thousand square feet on two floors in a single-family, two or more story structure;

      (3)   Seven hundred twenty square feet per family in a two-family structure;

      (4)   Seven hundred twenty square feet per family in townhouses with a minimum of 450 square feet on the first floor.

   (B)   No multifamily dwelling shall be erected or conversion made from a single- or two-family dwelling, in such a manner as to provide space per dwelling unit less than required in the following schedule:

 

 

(Ord. passed 10-30-06)

   (A)   The removal from any premises of more than three cubic yards of sod, clay, loam, sand, gravel or rock in any one year shall be prohibited except as authorized by the Soil Erosion and Sedimentation Control Ordinance. Nothing herein or in Article 6 shall prevent the continuation of a use of premises for rock quarrying operations existing as of December 3, 1968.

   (B)   The opening of new earth removal pits may be authorized in zoning districts permitted in § 602, by a special use permit from the Zoning Board of Review with such restrictions and limitations as the Board may impose; provided, that such pits or excavations shall not be harmful or detrimental, in any way, to neighboring property. Upon the completion of any earth removal from premises existing prior to December 3, 1968, or authorized by this chapter or the Zoning Board of Review, such premises shall be graded with top soil and seeded in such a manner so as to prevent erosion, the blowing of soil or other harmful or detrimental conditions. Removal of soil or other earth products, other than as specifically permitted in this chapter, shall be classified as stripping and is hereby prohibited.

(Ord. passed 10-30-06)

   In any district, the height of any structure or growing thing, hereafter erected or permitted to grow in the vicinity of the Newport State Airport shall not exceed the heights indicated on the map entitled "Airport Approach Plan for Newport State Airport" as filed in the Office of the Town Clerk, and as it may be revised from time to lime under the provisions of R.I. Gen. Laws § 1-3-4, as amended, which map, as amended, is hereby incorporated in, and made a part of this section.

(Ord. passed 10-30-06)

   Private or public swimming pools, capable of containing water to a depth of at least 24 inches or having a surface area of 250 square feet or more, shall be enclosed by an adequate enclosure having a height of at least four feet, surrounding either the property or the pool area. Such enclosure shall be of such construction, including gates, to make the pool inaccessible from the outside to small children.

(Ord. passed 10-30-06)

   (A)   An applicant for a building permit shall provide plans for adequate management of stormwater runoff. This shall be accomplished through compliance with Chapter 153 of this code. No building permit shall be issued for development until the Stormwater Management Plan has been approved, with the exception of additions or modification to existing single-family residential structures if grading, as a maintenance measure or for landscaping, on contiguous area of developed land, parcels and lots, does not exceed 5,000 square feet in aggregate.

   (B)   Any required stormwater best management practice(s) (BMP(s)) shall be installed prior to construction of any buildings or the surfacing of any areas.

(Ord. passed 10-30-06)

   (A)   The minimum front yard requirements provided in § 603, shall be measured perpendicular to the street line and minimum side and rear yard requirements shall be measured perpendicular from side and rear lot lines, respectively. In the instance of a curved lot line, yard measurement shall be taken along a radial.

   (B)   (1)   Lot frontage shall be measured along the street line between the side lot lines and shall not be less than the minimum lot width, as specified in § 603. Provided, however, the Planning Board may, in approving a subdivision, reduce the minimum lot frontage for a lot on a cul-de-sac to no less than 50 feet as provided in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land.

      (2)   In the case of a corner lot, the minimum required lot frontage shall be provided on at least one abutting street but the total street frontages shall not be combined to calculate required lot frontage.

   (C)   Lot depth shall be measured from the mid-point of the lot frontage to the midpoint of the rear lot line. In the event of curved frontage, depth shall be measured from the midpoint of the lot frontage. In the case of a corner lot, depth shall be measured from the mid-point of the combined lot frontage of all streets. For lots where the front and rear lines are not parallel, the lot depth is an average of the depth.

   (D)   Lot width shall be the horizontal distance between the side lines of a lot measured at right angles to the lot depth line along a straight line parallel to the front lot line at the minimum front setback line.

   (E)   Rear lot width shall be measured along the line opposite and most distant from the front lot line, or in cases of a triangular or otherwise irregularly shaped lot, an assumed line at least ten feet in length, entirely within the lot, parallel to, and at a maximum distance from, the front lot line.

   (F)   Except in the case of a corner lot, as provided above, wherever a rear yard as defined herein is not possible, one side yard as designated may be considered as rear yard and conform with rear yard regulations as required in § 603.

(Ord. passed 10-30-06)

   The sale or dispensing of food or beverages, or the conducting of any retail, commercial or personal business or professional service from an exterior booth, window or other opening in a building, for patrons on foot or in automobiles, shall be required to receive a special use permit from the Zoning Board of Review. Such drive-up facilities shall be permitted only as accessory uses to a lawful principal use.

(Ord. passed 10-30-06)

   Any land which, at the time of the enactment of this chapter, is part of a subdivision which has received final approval from the Planning Board pursuant to the statutes or ordinances of the town, or to the Middletown Rules and Regulations Regarding the Subdivision and Development of Land, but which, by the adoption of this chapter, is in a zoning district requiring larger dimensional regulations under the provisions of § 603, than were required at the time such final approval was granted, may continue to be developed in accordance with the dimensional regulations in effect at the time such final approval was granted. In all other respects, the lots in such subdivisions shall be subject to the provisions of this chapter.

(Ord. passed 10-30-06)

   Nothing herein shall be construed to limit or prohibit the use of a single building or structure for multiple uses, provided each individual use is a permitted use within the zoning district in which it is located; or a special use for which a special use permit has been granted by the Zoning Board; or a legal nonconforming use. All such uses shall be required to provide off-street parking and loading space for each individual use on a cumulative basis, where applicable. Signs for such mixed uses shall be incorporated into a single sign, or as provided for in Article 12.

   (A)   Traffic sensitive districts, as shown on the official zoning map are established for the following purposes:

      (1)   To facilitate the movement of traffic along major roads in the town in a safe and orderly manner;

      (2)   To reduce the number and increase the spacing of driveways which may disrupt traffic flow;

      (3)   To reduce infringement on the rights of the public to travel roadways in a safe manner, while at the same time providing for adequate ingress and egress to properties; and

      (4)   To protect public safety along major thoroughfares in the town where accidents have frequently occurred.

   (B)   In any traffic sensitive district, the minimum lot width/frontage per lot, specified in § 603, shall be 300 feet. All other provisions contained in § 603 regarding district dimensional regulations and all other applicable provisions of this chapter shall be required for the corresponding zoning district to which the letter "A" has been added.

      (1)   Only one driveway or curb opening onto streets listed in division (E) below shall be created to serve the original lot; or

      (2)   Future subdivisions or lots created from the original lot shall be served by a single common driveway or curb opening onto the streets listed in division (E) below; or

      (3)   A public street or street system approved by the Planning Board under the provisions of the Rules and Regulations Regarding the Subdivision and Development of Land shall be created to serve all subsequent lots created from the original lot.

   (D)   Common driveways, rights-of-way or other common means of access to adjacent streets listed in division (E) below shall be reviewed and approved by the Planning Board before any building permit shall be issued for lots created from the original lot.

   (E)   The frontage/lot width requirements of this section shall be applicable only to lots having frontage on the following streets:

      (1)   East Main Road (Route 138);

      (2)   West Main Road (Route 114);

      (3)   Valley Road (Route 214); and

      (4)   Aquidneck Avenue (Route 138A).

(Ord. passed 10-30-06)

   Each commercial building shall be provided with an enclosed waste receptacle of sufficient size to accommodate all trash and waste stored on the premises.

(Ord. passed 10-30-06)

   The purpose of farm-promotion accessory uses is to preserve viable agriculture and the rural character of the town by allowing farmers to conduct supplemental income-producing activities at a scale or intensity that will not unduly change the character of the area. Where issuance of a special use permit is required under § 703, farm-promotion accessory uses must comply with any conditions imposed by the Board of Review under § 904; in addition, the uses specified below must satisfy the following requirements:

   (A)   Farm guest house.

      (1)   No kitchen facilities in guest rooms;

      (2)   Not more than one guest room per acre of land, to a maximum of nine rooms;

      (3)   No guest room shall have less than 70 square feet of floor area;

      (4)   Guest rooms shall not be equipped for or rented to more than two individual guests, except that children 12 or under may accompany their parents in a room;

      (5)   Parking shall be provided according to the following formula:

         (a)   One parking space per room;

         (c)   No RV parking or facilities;

      (6)   Where public sewer is not provided, the adequacy of the existing/proposed ISDS and its location in relation to fresh water or coastal wetlands, rivers, streams and other waterways shall be reviewed by the Conservation Commission and an advisory opinion shall be forwarded to the Zoning Board of Review prior to its consideration.

   (B)   Product stands. One product stand for the sale of agricultural products may be operated on each lot or parcel devoted to an agricultural use permitted under § 602.

      (1)   Substantially all of the products sold, or the ingredients in the products sold, must be grown or raised on the premises;

      (2)   Nonagricultural products may not be sold without a permit from the Town Council;

      (3)   Product stands must have a front wall area that is at least 50% open;

      (4)   Product stands shall be set back at least ten feet from the nearest public way;

      (5)   Off-street parking shall be provided as follows: one parking space for each non-resident employee and four spaces for customer parking plus one additional space for each 50 square feet of building size above 150 square feet. Parking for product stands shall comply with the requirements of § 1301, except that the parking area need not be paved and may be located closer than ten feet to the street line.

   (C)   Farmers' markets. A farmer's market may be conducted on a lot or parcel of five or more acres devoted to an agricultural use permitted under § 602.

      (1)   The products sold must be grown, raised or processed in Newport County;

      (2)   Non-agricultural products, or agricultural products not grown, raised or processed in Newport County, may not be sold without a permit from the Town Council.

      (3)   A structure used for a farmers' market, if enclosed, must have a front wall area that is at least 50% open;

      (4)   A farmers' market shall operate only during daylight hours;

      (5)   Off-street parking shall be provided as follows: one parking space for each person selling products plus three spaces per seller for customer parking. Parking for a farmers' market shall comply with the requirements of § 1301, except that the parking area need not be paved and may be located closer than ten feet to the street line.

      (1)   No more than one mobile food establishment may be operated as a farm-promotion accessory use on each farm:

      (2)   All mobile food establishments, whether on large or small farms, must comply with the provisions of Chapter 13 of this Code;

      (3)   The hours of operation for mobile food establishments located on a farm shall be between 9:00 a.m. and 7:00 p.m.

(Ord. passed 10-30-06; Am. Ord. 2021-16, passed 10-18-21)

   (A)   All landscaping required by this chapter or imposed by the Board of Review or Planning Board as a condition of the grant of any special use permit, variance or approval of any land development project, shall be installed prior to the issuance of any certificate of use and occupancy.

   (B)   Prior to issuance of the certificate of use and occupancy, the Building Official shall inspect the development and determine if the approved or required landscape plan has been installed in a satisfactory manner. The Building Official shall consult with, and request a report by, the Middletown Tree Commission in making this determination.

   (C)   If for any reason, the required or approved landscape improvements are not fully installed at the time of issuance of the certificate of occupancy, the owner or the owner's agent shall provide an improvement guarantee to secure the satisfaction of all landscape requirements.

      (1)   The amount of the improvement guarantee shall be 150% of the estimated cost of completion of all landscaping and associated finish grading, shall be based on actual cost estimates for all required landscape improvements and shall be reviewed and approved by the Building Official.

      (2)   The Building Official shall deliver any such cost estimates, which serve as a basis for improvement guarantee, to the Middletown Tree Commission for their review and comment.

      (3)   The improvement guarantee shall be a security instrument in a form acceptable to the Finance Director which enables the town to gain timely access to the secured funds for cause, and which contains such conditions as are necessary to secure for the town the complete installation of all required landscaping.

      (4)   The improvement guarantee shall set forth a definite time by which the required landscape improvements shall be completed.

   (D)   If the Building Official determines that the landscape improvements have been installed in a satisfactory manner, in the time prescribed, he shall authorize release of the improvement guarantee.

      (1)   Prior to the release of the improvement guarantee, the owner or owner's agent shall post a maintenance guarantee. The maintenance guarantee shall be equal to 50% of the cost for all landscaping improvements as evidenced by actual invoices, or alternatively, actual cost estimates as referenced in divisions (C)(1) and (2) above. The maintenance guarantee shall guarantee the durability of the landscape improvements for a period of one year from the release of the improvement guarantee.

      (2)   If the required landscaping has been installed prior to the issuance of a certificate of use and occupancy, and no improvement guarantee is required, the owner or owner's agent shall post a maintenance guarantee prior to issuance of the certificate of use and occupancy. The maintenance guarantee shall be equal to 50% of the cost of all landscaping improvements as evidenced by actual invoices or in the alternative, actual cost estimates as referenced in divisions (C)(1) and (2) above. The maintenance guarantee shall guarantee the durability of the landscape improvements for a period of one year from the issuance of the certificate of use and occupancy.

      (3)   At the conclusion of the one year maintenance period the Building Official shall inspect the landscape improvements and shall request the Middletown Tree Commission to review and comment upon improvements. If the Building Official finds the improvements to be acceptable he shall so certify in writing to the Finance Director to release the maintenance guarantee. If at the conclusion of the one year maintenance period the Building Official determines the improvements to be in an unacceptable condition, he/she may grant an extension of time for the owner or agent to bring those improvements to an acceptable condition.

   (E)   The town shall hold the owner or agent in default of the improvement or maintenance guarantee should any one or more of the following conditions occur:

      (1)   Failure to complete the required landscape improvements in the time prescribed;

      (2)   Failure of the landscape improvements to survive for the one year maintenance period, or failure to protect improvements or repair damage to improvements occurring during the development or the one year maintenance period.

   (F)   Should any of the conditions set forth in division (E) above be found to exist, the Building Official shall certify in writing to the Finance Director that the owner is in default and the extent of any noncompliance.

   (H)   For the purposes of this section, the terms LANDSCAPE PLAN, LANDSCAPE IMPROVEMENT or LANDSCAPING, shall mean and include the planting, location and/or installation of all trees, shrubs, grass, turf, other plantings, fencing, stone walls and aesthetic barriers, and completion of finish grading associated therewith and, where applicable, the maintenance and preservation of existing vegetation.

(Ord. passed 10-30-06)

   (A)   General requirements.

      (1)   Property and buildings shall be so designed and laid out as to minimize disturbance to adjacent property by such features as buffers, fences, planting, suitably located points of traffic ingress and egress, and areas for loading and parking. It is the intent of this section to also provide the necessary protection for industry from other neighboring uses and to provide assurances of continued legal operation to industrial uses.

      (2)   All uses in the light industrial (LI) district shall conform with the use table in § 602, and the provisions of this section.

   (B)   Site design requirements.

      (1)   A landscaped buffer of no less than ten feet in width shall be required along all lot lines.

      (2)   Where a light industrial district abuts a residential district or use, a vegetated buffer of no less than 25 feet in width shall be required along such lot line. Within the buffer, opaque screening in the form of densely planted non-deciduous vegetation, earthen berms, fences, or walls, or any combination of these, shall be provided. Said screening shall be no less than six feet in height at the time of installation, and shall be designed to provide maximum protection from the visual and noise impacts of industrial use.

      (3)   All site design, parking, landscaping, and other applicable requirements of this chapter, including Article 27, shall be addressed. Where there are conflicting standards contained in this chapter, the more restrictive standards shall prevail.

      (4)   Where a light industrial district abuts a residential district or use, all buildings shall maintain a minimum 50-foot setback from property lines abutting the residential district or use.

      (5)   Where a light industrial district abuts a residential district or use, all dumpsters and other trash receptacles shall maintain a minimum 50-foot setback from property lines abutting the residential district or use.

(Ord. passed 10-30-06)

 

 

      (2)   Height is measured from pre-development lot grade at the location of the panel.

         (a)   Lot coverage area shall include land located within the fenced area of the installation as well as land used for access roads and utilities exclusively serving the installation.

         (b)   Solar carport/canopy area calculation shall be based on total roof area of the carports/canopies.

         (c)   Any subsequent subdivision of the subject parcel shall ensure continued compliance with lot coverage requirements.

         (a)   Solar carports and canopies are allowed in residential zones only as an accessory use, which is clearly incidental and secondary to the principal permitted use of the premises or structure.

         (b)   Except for carport and canopy installations, no ground-mounted solar energy system shall be installed in the front yard (area between the principal structure and the street), in any residential district.

         (a)   A large solar energy system shall be subject to development plan review as described in § 305.

         (b)   In addition to the submission requirements for development plan review § 305, large solar energy systems must submit documentation from the appropriate public utility indicating the completion of a feasibility study, or in the case that an impact study is required by the public utility, a completed impact study must be submitted.

         (a)   The site design shall incorporate landscaping and design elements to visually screen the installation from view from public roads and adjoining properties to the greatest practical extent.

         (b)   The installation shall be surrounded by visual screening, consisting of fencing, dense vegetation, or a combination of both, that is a minimum of six feet in height at the time of installation.

         (c)   The required vegetated buffer/screening shall be maintained for the life of the solar energy system. 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 Zoning Official or Tree Warden in consultation with the Town Planner.

         (d)   Vegetation planted under solar panels must include native wildflower or grass seed mix.

         (a)   Electrical lines and connections shall be installed underground.

         (b)   A ground-mounted solar energy system shall be designed to prevent unauthorized access to panels and equipment, such as by use of protective fencing, locked equipment shelters, and other means as appropriate.

         (c)   Where the proposed development parcel includes or is directly adjacent to wetlands, any fencing must provide a minimum of six inches of ground clearance to allow for the appropriate movement of wildlife.

         (d)   Adequate emergency vehicle access to and throughout the installation shall be provided, subject to approval of the Middletown Fire Department.

         (e)   Any outdoor lighting on site must be in compliance with Article 27B.

         (a)   Except for carport or canopy installations, no removal of topsoil or unnecessary disturbance of the ground or grading is permitted as part of the installation or maintenance. Any topsoil that must be moved shall be stored and stabilized onsite for future use.

         (b)   Except for carport or canopy installations, siting of the facility and individual panels shall maintain 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.

      (1)   As part of the application package for a special use permit, a decommissioning plan that contains the following shall be submitted:

         (a)   The name, address, telephone number, and e-mail address of the person(s) or entity(ies) responsible for implementing the decommissioning plan;

         (b)   A statement of conditions that require the decommissioning plan to be implemented;

         (c)   As part of decommissioning, a removal plan that identifies all structures, components, and non-utility owned equipment that shall be removed;

         (d)   As part of decommissioning, a plan for recycling or otherwise reusing all materials to the extent reasonably practicable;

         (e)   As part of decommissioning, a restoration plan to return the property to its condition prior to the installation of the system or to some other condition reasonably appropriate for the designated land use after the system is removed; and

         (f)   A timeline to complete decommissioning.

      (2)   Decommissioning shall begin no later than six months after a ground-mounted solar energy system has ceased to generate electricity or thermal energy.

      (3)   Within six months of the beginning of decommissioning, the ground-mounted solar energy system and all structures associated with it shall be removed, and the property shall be returned to its condition prior to the installation of the ground-mounted solar energy system or to some other condition reasonably appropriate for the designated land use.

      (4)   If the property owner fails to remove the installation in accordance with the requirements of this section, the town shall have the authority to enter the property and physically remove the installation and restore the property. In that case, the owner of the property shall be responsible for all costs incurred by the town, and the obligation shall be recorded in the land evidence records as a lien against the property.

(Ord. 2012-4, passed 5-21-12; Am. Ord. 2012-16, passed 9-17-12; Am. Ord. 2021-15, passed 10-18-21)

      (1)   The town has experienced an increase in the number of collection boxes, some of which have been placed in required parking spaces, required setbacks and landscaped areas, and residential zoning districts, often without the property owner's permission. The proliferation of these containers contributes to visual clutter and blight. Collection containers have contributed to blight due to graffiti and poor maintenance, and the accumulation of debris and excess items outside of the collection containers.

      (2)   The Town Council intends, by the enactment of this section, to promote the health, safety, and/or welfare of the public and protect the rights of property owners by imposing restrictions and conditions on all collection boxes in the town so that they are, and remain, clean, safe, do not create hazards to pedestrians and to vehicular traffic and do not contribute to visual clutter and blight.

      (1)   Any person desiring to secure a permit shall file an application with the Department. A permit shall be obtained for each collection box proposed to be located within the town.

      (2)   The application for a permit shall be upon a form provided by the Department and be signed by an individual who is an officer, member or manager of an entity applicant. The applicant shall submit the following:

         (a)   The name, address, email and telephone number of a contact person for all matters relating to the collection box.

         (b)   The physical address of the real property where the collection box is proposed to be located.

         (c)   A scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and that the location complies with the requirements of this chapter.

         (d)   If not the owner of the real property, an affidavit from the property owner or property manager providing written permission to place the collection box on the property, as well as an acknowledgment from the property owner or property manager of receipt of a copy of this section shall be provided on a form provided by the Building Department. For purposes of this division, the affidavit and acknowledgment may be executed by an individual who is an officer, member or manager of an entity owning the property.

         (e)   A non-refundable application fee in the amount of $100.

         (f)   Proof of general liability insurance no less than $1,000,000 per occurrence.

      (3)   Within 20 days of receiving an application for a permit, the Building Official shall notify the applicant whether the permit is granted or denied. The Building Official shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this section and §§ 603 and 703. If the Building Official denies an application, the Building Official shall state in writing the specific reasons for denial.

      (4)   No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

      (1)   A permittee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the town for which the permittee has been granted a permit as follows:

         (a)   Collection boxes shall be metal and be maintained in good condition and appearance with no structural damage, holes, peeling paint, or visible rust and shall be kept free of graffiti.

         (b)   Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

         (c)   Collection boxes shall be equipped with a safety chute to limit the public's access to the box.

         (d)   Collection boxes shall have the name, address, email address, website and phone number of the operator in minimum ½-inch type viewable on the front of the collection box and a valid annual permit sticker issued by the town shall be displayed adjacent to such information.

         (e)   Collection boxes shall be serviced and emptied as needed, but no less frequently than once per week.

         (f)   The permittee and property owner shall maintain, or cause to be maintained, the area surrounding the collection boxes, free from any junk, debris or other material. The property owner shall be responsible to the extent provided by law for the town's cost to abate any nuisance, in accordance with Chapter 92 of the Middletown Code.

         (g)   Collection boxes shall:

            1.   Be permitted in only the GB, GBA, LB, LBA, LI, LIA, OB and OBA zoning districts;

            2.   Not be permitted on any unimproved parcel, nor where the principal use of the land has been closed or unoccupied for more than 30 days;

            3.   Not be less than 1,000 feet from another collection box as measured along a straight line from one box to the other. Notwithstanding this separation requirement, no more than two collection boxes may be located within the same shopping center from the same collection box owner or operator;

            4.   Not exceed 7.0 feet in height, 6.0 feet in width and 6.0 feet in depth;

            5.   Not cause a visual obstruction to vehicular or pedestrian traffic;

            6.   Comply with the applicable setback requirements of §§ 603 and 703; provided however, that no collection box shall be placed closer than 150 feet from any residential zoning district or from a residential use within any zoning district;

            7.   Not cause safety hazards regarding any designated fire lane or building exit;

            8.   Not:

               a.    Interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular or pedestrian traffic;

               b.    Encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space; and

            9.   Be placed on a level, hard (asphalt or concrete pavers) paved, dust-free surface.

      (1)   The permit year shall begin on July 1 in each year and shall terminate on June 30 of the following calendar year.

      (2)   A collection box permit shall be renewed annually. The application for renewal must be filed not later than 30 days before the permit expires, otherwise a new permit application must be submitted. The application for renewal shall be upon a form provided by the Building Official.

      (3)   The Building Official shall either approve or deny the renewal of a permit within 20 days of receipt of the complete renewal application and payment of the renewal fee. The Building Official shall grant a permit if the application is complete and contains no false information, the fee has been paid and the collection box and its proposed location as described in the application meets the requirements of this section and the applicable setback requirements of §§ 603 and 703; provided, however, that the Building Official may also deny an application for renewal if the applicant is in violation of the requirements of this section. If the Building Official denies an application, the Building Official shall state in writing the specific reasons for denial.

      (4)   A permit renewal fee of $100 shall be submitted with the application for renewal.

      (5)   Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Building Official in writing of the intent to cancel the permit. The permit shall become void upon the Building Official's receipt of a written notice of intent to cancel the permit.

      (6)   The Building Official shall approve the renewal of a ermit if the Building Official finds that no circumstances existed during the term of the permit which would cause a violation of this chapter to exist, and that at the time of submission of the application for renewal, or at any time during the renewal of the application for renewal, there were not circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

      (7)   If the permit expires and is not renewed, the collection box must be removed from the real property within a maximum of ten days after expiration of the permit.

      (1)   The Building Official shall have the right to revoke any permit issued hereunder for a violation of this of the provisions of this section. Any of the grounds upon which the Building Official may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this Code or other law shall also constitute grounds for revocation of the permit. The Building Official shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the Building Official and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.

      (2)   Upon revocation, or if appealed, at the conclusion of the appeal, the collection box shall be removed from the real property within ten days and, if not so removed within the time period, the town may remove, store or dispose of the collection box at the expense of the permittee and/or real property owner. All costs associated with the removal of the collection box incurred by the town, or the town's contractor, shall be the responsibility of the property owner.

      (1)   In addition to revocation of permit, violations of this section shall be enforceable through issuance of citations by either the Police Department or the Zoning Officer. Violations shall be dealt with at the next municipal court session following the violation. Any person violating the provisions of this section may be subject to the issuance of administrative citations, fines or nuisance abatement, as described in this Code.

      (2)   Any violation of the provisions of this section shall be subject to a fine of up to $500 per day for each day the violation continues.

      (3)   Nothing in this section shall prevent the Town from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section for violation of this section.

      (4)   The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

      (5)   No fines shall be imposed for a violation of this section until 90 days after its effective date. All collection boxes existing at the effective date of the section shall apply for a permit as required herein within 30 days of the effective date and shall conform to all requirements of this chapter within 90 days of the effective date. Any collection boxes not applying for permits within 30 days shall be subject to all remedies for violation as provided herein.

(Ord. 2017-10, passed 6-19-17)

      (2)   The Medical Marijuana Act provides that the growing of medical marijuana by duly licensed patients and caregivers is permitted in all zoning districts, and that two or more qualifying “cardholders” may cooperatively cultivate marijuana in residential or nonresidential locations.

      (3)   The Medical Marijuana Act further provides for the licensing of “compassion centers" that act as dispensaries for the cultivation, manufacture, delivery, and sale of medical marijuana to licensed patients and caregivers.

      (4)   The Rhode Island Cannabis Act, R.I. Gen Laws § 21-28.11-1 et seq., was enacted by the Rhode Island General Assembly (the “R.I. Cannabis Act”), which legalizes the possession of cannabis for personal use by adults aged 21 and older and authorized each municipality to hold a referendum as to whether to issue new cannabis related licenses for businesses involved in the cultivation, manufacture, laboratory testing and for the retail sale of adult recreational use cannabis.

      (5)   The Town of Middletown held such referendum on November 8, 2022, with 56.9% of voters in favor of issuing such licenses and 43.1% opposed.

      (6)   The Town of Middletown recognizes the needs of patients requiring care through the use of medical cannabis consistent with the health, safety, and general welfare of the community at large, but must balance those needs with the reality that the cultivation of cannabis without the proper inspections and permits, or compliance with applicable fire and building codes, threatens the public’s health, safety, and general welfare.

      (7)   Ensuring that cannabis-related businesses are located and operated in a manner that minimizes any adverse impacts thereof is necessary to protect the public health, safety, and general welfare of all residents and visitors.

      (8)   Notwithstanding the enactment of the R.I. Cannabis Act, cannabis-related businesses, including cultivation facilities, manufacturing facilities, testing facilities, compassion centers, and retail cannabis stores, have the potential to cause serious adverse secondary impacts. These secondary impacts, which pose a threat to the public’s health, safety, and general welfare, include increased crime, illegal sales of cannabis to and use of cannabis by those under 21 years of age, the use of cannabis in public areas, and adverse impacts on neighboring businesses and properties, including odor complaints, traffic, and decreased property values.

      (9)   Ensuring that facilities used for cannabis related business are properly located, inspected, permitted, and in compliance with applicable fire and building codes, is necessary to protect the public health, safety, and welfare of all town residents and visitors.

      (10)   The Town Council intends, by the enactment of this section, to bring the Town Code in conformance with the R.I. Cannabis Act and to protect the health, safety, and welfare of all residents and visitors by implementing reasonable safeguards on the operation of cannabis related business.

         (a)   The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

         (b)   Hemp; or

         (c)   The weight of any other ingredient combined with cannabis to prepare topical or oral administration, food, drink or other products.

      (1)   Cannabis cultivation centers shall be permitted in the Light Industrial and Light Industrial Traffic Sensitive District, upon the grant of a special use permit, as hereinafter set forth.

      (2)   Cannabis product manufacturers shall be permitted in the Light Industrial, Light Industrial Traffic Sensitive and Office Park zoning districts, upon the grant of a special use permit, as hereinafter set forth.

      (3)   Cannabis laboratories shall be permitted in the Office Park Zoning District upon the grant of a special use permit, as herinafter set forth.

      (4)   Compassion centers shall be permitted in the Light Industrial, Light Industrial Traffic Sensitive and General Business zoning districts upon the grant of a special use permit, as herinafter set forth.

      (5)   Cannabis retailers shall be permitted in the Light Industrial, Light Industrial Traffic Sensitive and General Business zoning districts upon the grant of a special use permit, as hereinafter set forth.

            1.   Submission of a complete application for a special use permit pursuant to this section with the legal name and address of the cannabis establishment; a copy of the articles of incorporation or organization of the cannabis establishment; and the name, address, and date of birth of each principal officer and board member of the cannabis establishment; and

            2.   A site plan depicting all existing and proposed buildings, parking spaces, driveways, service areas, and other existing uses.

The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses. The site plan submitted shall identify all lighting on the property and demonstrate that all lighting will comply with the standards set forth below.

            1.   That the requested use at the proposed location will not adversely affect the health, safety, or general welfare of the neighborhood or Town of Middletown;

            2.   That the requested use at the proposed location will not adversely affect the use of any property used for school, public or private, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate;

            3.   That the requested use at the proposed location incorporates buffers that fully protect nearby residential uses from any adverse impact; and

            4.   That the exterior appearance of the structure and grounds shall comply with the Commercial Development Design Standards contained in Article 5 of the Rules and Regulations Regarding the Subdivision and Development of Land, as applicable.

            1.   Any structure containing a cannabis cultivation center, cannabis product manufacturer, cannabis retailer, or compassion center shall not be located within:

               a.   One hundred feet (100’) of the nearest residential zoning district or the lot line of a residential use within a nonresidential zoning district;

               b.   Two hundred feet (200’) of the nearest house of worship, park, playground, play field, youth center, licensed day-care center, or

other location where groups of minors regularly congregate; or

               c.   Five hundred feet (500') of the nearest public or private school providing education in kindergarten or any of grades one through twelve (12);

            2.   Any structure containing a cannabis laboratory shall not be located within:

               a.   One hundred feet (100’) of the nearest residential zoning district or the lot line of a residential use within a nonresidential zoning district; or

               b.   Two hundred feet (200’) of the nearest house of worship, park, playground, play field, youth center, licensed day-care center, or other location where groups of minors regularly congregate; or

               c.   Five hundred feet (500') of the nearest public or private school providing education in kindergarten or any of grades one through twelve (12);

            3.   The distances specified above shall be measured by a straight line from the nearest property line of a residential zoning district or a residential use within a nonresidential zoning district to the structure in which the cannabis establishment is to be located.

            1.   Lighting shall adequately illuminate cannabis establishments, their immediate surrounding area, any accessory uses, including storage areas, parking lots, the facility’s front facade, and any adjoining public sidewalk.

            2.   No portion of the site shall be illuminated between the hours of 10:30 p.m. and 8:00 a.m. by lighting that is visible from the exterior of the facility, except such lighting as is reasonably utilized for security. Lighting necessary for security shall consist solely of motion-sensor lights and avoid adverse impacts on properties surrounding the lot on which the facility is located. All exterior light sources shall comply with the International Dark Sky Association. Perimeter fencing shall be surrounded with lights capable of illuminating all sides of the fence for at least 20 feet from the fence. Such lights must be motion sensing for use during restricted hours.

            3.   All exterior lighting should be fully shielded, directed downward and hooded so as not to cast light off the property onto neighboring properties or skyward.

            1.   Cannabis establishments shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall insure that each location has an operational security alarm system.

            2.   Cannabis establishments shall have a digital video surveillance system with a minimum camera resolution of 1280 x 720 pixels (HD ready or standard HD). Cameras shall record continuously 24 hours per day and at a minimum of 15 frames per second (FPS). The physical media or storage device on which surveillance recordings are stored shall be secured in a manner to protect the recording from tampering or theft. Surveillance recordings shall be kept for a minimum of 90 days. The video surveillance system shall always be able to effectively and clearly record images of the area under surveillance. Each camera shall be permanently mounted and in a fixed location. Each camera shall be placed in a location that allows the camera to clearly record activity occurring within 20-feet of all points Of entry and exits at cannabis establishment, and assure the clear and certain identification of any person and activities in all areas required to be filmed. Areas that shall be recorded on the video surveillance system include, but are not limited to, the following:

               a.    Areas where cannabis products are weighed, packed, stored, loaded and unloaded for transportation, prepared, or moved within cannabis establishment;

               b.    Limited-access areas;

               c.    Security rooms;

               d.    Areas storing a surveillance-system storage device with at least one camera recording the access points to the secured surveillance recording area;

               e.    Entrances and exits to acannabis establishments, which shall be recorded from both indoor and outdoor vantage points; and

               f.   At any point of sale.

            3.   All exterior portions of acannabis establishment shall be adequately illuminated as to make discernible the faces and clothing of persons utilizing the space.

            4.   Exterior mounted devices at cannabis establishments are prohibited, including security bars, grates, grills, barricades, and similar devices. The use of wrought iron spears and barbed wire (concertina and straight) are also prohibited.

            5.   A cannabis establishment shall ensure that the limited-access areas can be securely locked using commercial-grade, nonresidential door locks in accordance with the approved security plan. A cannabis establishment shall also use commercial-grade, nonresidential locks on all points of entry and exit to the cannabis establishment in accordance with its approved security plan, which plan shall be included with the application for a special permit.

            6.   A cannabis establishment shall maintain an alarm system in accordance with its approved security plan, which plan shall be included with the application for a special permit.

            7.   Cannabis establishment shall only permit authorized individuals to enter the limited access areas of their facility. Authorized individuals include individuals employed by the cannabis establishment as well as any outside vendors, contractors, labor representatives, or other individuals who have a bona fide business reason for entering the limited access area. An individual who is not an authorized individual for purposes of entering the limited access areas shall not enter the limited access area at any time for any reason. An individual in the limited access area who is not employed by the cannabis establishment shall be escorted by individuals employed by the cannabis establishment at all times within the limited access area. An individual who enters the limited access areas shall be at least 21 years of age. A cannabis establishment shall maintain a log of all authorized individuals that enter the limited access area and are not employees. A cannabis establishment shall not receive consideration or compensation for permitting an individual to enter the limited access area.

            1.   A cannabis establishment shall be properly ventilated and the exhaust air filtered to neutralize the odor from cannabis so that the odor cannot be detected by a person with a normal sense of smell at the exterior of the cannabis cultivation center and a cannabis testing provider or on any adjoining property. No operable windows or exhaust vents shall be located on the building facade that abuts a residential use or zone. Exhaust vents on rooftops shall direct exhaust away from residential uses or zones.

            2.   A cannabis establishment shall have an odor control plan including:

                  (i)    Name of facility;

                  (ii)    Name, phone number, and email of facility owner;

                  (iii)    Name, phone number, and email of facility operator or licensee, and any authorized designees;

                  (iv)    Facility physical address;

                  (v)    Facility mailing address (if different from physical address);

                  (vi)    Facility type;

                  (vii)    Facility hours of operation;

                  (viii )   Description of facility operations;

                  (ix)    Emergency contact information;

                  (x)    Business license application number(s) and/or business file numbers) (if applicable); and

                  (xi)    Air permit and permit number (if applicable);

                  (i)    Facility floor plan with a facility floor plan, with locations of odor-emitting activities and emissions specified. Relevant information may include, but is not limited to, the location of doors, windows, ventilation systems, and odor sources. If the owner or operator of a cannabis establishment believes that certain information contained in its odor control plan is confidential, it should clearly mark all information as such; and

                  (ii)    Description of the odor-emitting activities or processes that take place at the facility, including the sources of those odors, and the locations from which they are emitted, and phases of odor-emitting activities, with the times at which odors may be most prevalent.

                     A.   Procedural activities such as building management responsibilities in isolating odor emitting activities from other areas of the buildings through closing doors and windows;

                     B.   Staff training procedures describing the organizational responsibilities and the staff members who will be trained about odor control; the specific administrative and engineering activities that the training will encompass; and the frequency, duration, and format of the training; and

                     C.   Recordkeeping systems and forms with a description of the records that will be maintained such as records of purchases of replacement carbon, performed maintenance tracking, documentation and notification of malfunctions, scheduled and performed training sessions, and monitoring of administrative and engineering controls.

Examples of facility recordkeeping forms should be included as appendices to the odor control plan.

                     A.   The best control technology for cannabis establishments is carbon filtration;

                     B.   Engineering controls shall meet at least one of the following:

                        i.   Are consistent with accepted and available industry-specific best control technologies designed to effectively mitigate odors for all odor sources;

                        ii.   Have been reviewed and certified by a professional engineer or a certified industrial hygienist as sufficient to effectively mitigate odors for all odor sources; and

                        iii.   Have been approved by the Rhode Island Department of Environmental Management as sufficient to effectively mitigate odors for all odor sources;

                     C.   Components of engineering controls shall include, but is not limited to, technical system design, a description of technical processes and an equipment maintenance plan;

                     D.   The system design should describe the odor control technologies that are installed and operational at the facility (e.g., carbon filtration) and to which odor-emitting activities, sources, and locations they are applied (e.g., bud room exhaust; testing room) and describe critical design factors and criteria, with supporting calculations presented as appropriate (e.g., desired air exchanges per hour required to treat odorous air from specific areas, odor capture mechanisms, exhaust flow rates, rates of carbon adsorption consumption);

                     E.   The operational processes should describe the activities being undertaken to ensure the odor mitigation system remains functional, the frequency with which such activities are performed, and the personnel responsible; and

                     F.   The maintenance plan should describe the maintenance activities that are performed, the frequency with which such activities are performed, and the personnel responsible. The activities should serve to maintain the odor mitigation systems and optimize performance.

      (1)   Patient cultivation shall only be allowed at the patient cardholder's primary residence. If the patient cardholder does not own the subject property, the owners of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.

      (2)   The patient cardholder shall apply for the appropriate approvals and inspections by the Fire Chief. The Fire Chief shall approve the application for permits pursuant to R.I. Gen. Laws § 23-28.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Fire Chief and not subject to review by any party other than the cardholder pursuant to 230-RICR-80-05-1 § 1.9.4.

      (3)   The patient cardholder shall apply for a zoning certificate, and the patient cardholder or a licensed contractor shall apply for all appropriate zoning, building, electrical, mechanical and plumbing permits as required by the Rhode Island State Building Code. The Building Official shall approve the application for permits pursuant to R.I. Gen. Laws. § 23-27-3. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building Official and are not subject to review by any party other than the patient cardholder.

      (4)   In addition to the requirements above, the patient cardholder shall demonstrate to the Building Official that the following requirements have been met:

         (a)   That the area used for growing is secured by locked doors;

         (b)   That the area used for growing has two means of egress;

         (c)   That the area used for growing shall not be within ten 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;

         (d)   That the area used for growing shall have proper ventilation to mitigate the risk of mold;

         (e)   That the area used for growing shall have carbon filters installed to reduce odors; and

         (f)   That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department.

      (6)   Patient cultivation possession limits shall be as stated in the Rhode Island General Laws.

      (7)   The use of butane, propane or other solvents used for the purposes of cannabis extraction shall be strictly prohibited in all districts.

      (1)   If the caregiver cardholder does not own the subject property, the owner(s) of the subject property shall provide written acknowledgment and approval of the proposed use, which shall be appropriately notarized;

      (4)   In addition to the requirements above, the caregiver cardholder shall demonstrate to the Building Official that the following requirements have been met:

         (a)   That the area used for growing is secured by locked doors;

         (b)   That the area used for growing has two means of egress;

         (c)   That the area used for growing shall not be within ten 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;

         (d)   That the area used for growing shall have proper ventilation to mitigate the risk of mold;

         (e)   That the area used for growing shall have carbon filters installed to reduce odors; and

         (f)   That smoke alarms/detectors are installed in accordance with the State Fire Code and to the satisfaction of the Fire Chief;

      (5)   Caregiver cultivation possession limits shall be as stated in the Rhode Island General Laws; and

      (6)   The use of butane, propane or other solvents used for the purposes of cannabis extraction shall be strictly prohibited in all districts.

      (1)   A property containing a residential cooperative cultivation use shall not be located within five hundred feet (500') of the nearest public or private school providing education in kindergarten or any of grades one through twelve (12), nor shall such a property be located within two hundred feet (200') of the nearest licensed daycare center, house of worship, park, playground, play field, youth center, or other location where groups of minors regularly congregate;

      (2)   A patient cardholder shall only cooperatively cultivate in one location;

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

      (4)   The cooperative cultivation shall not be visible from the street or other public areas;

      (5)   A written acknowledgement of the limitation of the right to use and possess cannabis for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises;

      (8)   A residential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and complies with any applicable state laws and Town of Middletown housing and zoning codes;

      (9)   The location of the cooperative cultivation must be reported to the Division of State Police by the applicant for the special use permit;

      (10)   In addition to the requirements above, the cooperative shall demonstrate to the Building Official that the following requirements have been met:

         (a)   That the area used for growing is secured by locked doors;

         (b)   That the area used for growing has two means of egress;

         (c)   That the area used for growing shall not be within ten 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;

         (d)   That the area used for growing shall have proper ventilation to mitigate the risk of mold;

         (e)   That the area used for growing shall have carbon filters installed to reduce odors; and

         (f)   That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department;

      (11)   Residential cooperative cultivation possession limits shall be as stated in the Rhode Island General Laws; and

      (12)   The use of butane, propane or other solvents used for the purposes of cannabis extraction shall be strictly prohibited in all districts.

   (G)   Nonresidential cooperative cultivation. Nonresidential cooperative cultivation shall be prohibited in all zoning districts except the Light Industrial and Light Industrial Traffic Sensitive zoning districts, and only upon the issuance of a special use permit. Additionally, such special use permit shall not be granted unless each of the following standards have been met:

      (1)   A property containing medical cannabis and cultivated by a nonresidential cooperative cultivation shall not be located within five hundred feet (500') of the nearest private school providing education in kindergarten or any of grades one through twelve (12), nor shall such a property be located within two hundred feet (200') of the nearest licensed daycare center, house of worship, park, playground, play field, youth center, or other location where groups of minors regularly congregate;

      (2)   A cardholder shall only cooperatively cultivate in one location;

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

      (4)   Identification of the location of a nonresidential cooperative cultivation location shall be limited to a directional sign only;

      (5)   A written acknowledgement of the limitation of the right to use and possess cannabis for medical purposes in Rhode Island, that is signed by each cardholder, shall be prominently displayed on the premises;

      (8)   A nonresidential cooperative cultivation must have displayed prominently on the premises documentation from the Town of Middletown that the location and the cultivation has been inspected by the Middletown Building and Zoning Official and the Fire Chief and is in compliance with any applicable state or municipal housing and zoning code;

      (9)   The location of the cooperative cultivation must be reported to the Division of State Police by the applicant for the special use permit;

      (10)   In addition to the requirements above, the cooperative shall demonstrate to the Building Official that the following requirements have been met:

         (a)   That the area used for growing is secured by locked doors;

         (b)   That the area used for growing has two means of egress;

         (c)   That the area used for growing shall not be within ten 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;

         (d)   That the area used for growing shall have proper ventilation to mitigate the risk of mold;

         (e)   That the area used for growing shall have carbon filters installed to reduce odors; and

         (f)   That smoke alarms/detectors are installed in accordance with the State Fire Code and/or to the satisfaction of the Fire Department;

      (11)   Nonresidential cooperative cultivation possession limits shall be as stated in the Rhode Island General Laws; and

      (12)   The use of butane, propane or other solvents used for the purposes of cannabis extraction shall be strictly prohibited in all districts.

      (1)   All unpermitted preexisting cultivation shall be required to comply with this section.

      (2)   All uses permitted under this section shall comply fully with all licensing requirements of the Town of Middletown, laws of the State of Rhode Island, and the Rhode Island Cannabis Commission.

      (3)   Any person or organization found to be in violation of this section shall be subject to penalties set forth in § 316 of this chapter.

(Ord. 2021-14, passed 10-4-21; Am. Ord. 2023- 7, passed 12-2-23)

   (A)   Notwithstanding any other provisions of this chapter, adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed use developments which include the development of at least 50% of the existing gross floor area into residential units, shall be a permitted use in all districts and allowed subject to provisions of this section, except where such use is prohibited by environmental land use restrictions recorded on the property by the State of Rhode Island Department of Environmental Management or the United States Environmental Protection Agency preventing the conversion to residential use.

   (B)   All adaptive reuse projects are subject to development plan review, and must comply with all other applicable requirements of this chapter except as indicated in this section.

   (C)   Adaptive reuse developments shall be required to provide one off-street parking space per dwelling unit.

      (1)   For projects that meet the following criteria, high density development is permitted up to 15 dwelling units per acre;

         (a)   Where the project is limited to the existing building footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building and fire codes and utilities; and

         (b)   The development includes at least 20% low- and moderate-income housing; and

         (c)   The development has access to public sewer and water service or has access to adequate private water, such as a well and/or wastewater treatment systems(s) approved by the relevant state agency for the entire development as applicable.

      (2)   For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water service or has access to adequate private water, such as a well, and wastewater treatment system(s) approved by the relevant state agency for the entire development, as applicable. The density proposed shall be determined to meet all public health and safety standards.

   (E)   Notwithstanding any other provisions of this chapter, for adaptive reuse projects, existing building setbacks shall remain and shall be considered legal nonconforming, but no additional encroachments shall be permitted into any nonconforming setback, unless otherwise allowed by zoning ordinance or relief is granted by the applicable authority.

   (F)   For adaptive reuse projects, notwithstanding any other provisions of this chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legal nonconforming, and any rooftop construction shall be included within the height exemption.

(Ord. 2023-10, passed 12-18-23)