ORDINANCE NO. AN ORDINANCE IN AMENDMENT TO THE ZONING CODE OF THE TOWN OF WEST GREENWICH

Transcription

1 ORDINANCE NO. AN ORDINANCE IN AMENDMENT TO THE ZONING CODE OF THE TOWN OF WEST GREENWICH IT IS HEREBY ORDAINED by the Town Council of West Greenwich, Rhode Island, that the Zoning Ordinance of the Town be amended to include the following new Addendum: Article VII: Special Regulations Section 20: Medical Marijuana-Related Uses Definitions to add: * * * Cardholder means a qualifying patient or a primary caregiver who has registered with the RI Department of Health and has been issued and possesses a valid registry identification card protecting the same from criminal prosecution for the use and possession of certain amounts of medical marijuana, as further defined in R.I. Gen. Laws et. seq. Compassion center means, as defined in R.I. Gen. Laws , a not-for-profit corporation, subject to the provisions of chapter 6 of title 7, and registered under , that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses medical 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. Medical marijuana emporium means any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which the sale or use of medical marijuana takes place. This shall include without limitation any so-called vape lounge, vapor lounge, or any other establishment at which medical marijuana is consumed in vaporized form. This shall not include a compassion center regulated and licensed by the State of Rhode Island, as defined herein. Non-residential cooperative cultivation means a use of a building, or a portion thereof, for the cultivation of medical marijuana by two or more cardholders where such building is located in a non-residential zone or is not legally permitted for residential use. A non-residential cooperative cultivation may have no more than ten (10) ounces of useable medical marijuana, forty-eight (48) mature medical marijuana plants, and twenty-four (24) seedlings. Residential cooperative cultivation means a use of a building, or a portion thereof, which is a legally permitted residential dwelling unit, for the cultivation of medical marijuana by two or more cardholders, at least one of whom must legally reside at that dwelling unit. A residential cooperative cultivation may have no more than ten (10) ounces of useable medical marijuana, twenty-four (24) mature medical marijuana plants, and twelve (12) seedlings. This use shall be permitted only as an accessory use to a legally permitted residential dwelling unit. 1

2 Personal medical marijuana cultivation accessory use means marijuana cultivation for medical use only by either (1) a single registered cardholder, within his or her own residential dwelling unit; or (2) two registered cardholders living together within their own residential dwelling unit. This use shall only be permitted as an accessory use to a legally permitted residential dwelling unit. In a mixed use building that contains both residential and nonresidential uses, this use shall be contained within the residential dwelling unit only. Such accessory use may have no more than five (5) ounces of useable medical marijuana, twenty-four (24) mature medical marijuana plants, and twelve (12) seedlings. Section 1. Permitted Uses. * * * The Zone Use Matrix shall be amended as follows: 2

3 Use Category 91 MEDICAL MARIJUANA- RELATED USES 911 Personal medical marijuana cultivation accessory use, 12 or fewer mature plants 912 Personal medical marijuana cultivation accessory use, mature plants 913 Residential Cooperative Cultivation 914 Non-residential cooperative RFR- 2 RFR- 1 OSPL NBHD BUS HIGHWAY BUS EXIT 7 SMD INDUST A INDUST B CZD P P X P P P X X X P P* P* X P* P* P* X X X P* S S X S S X X X X X X X X X S S S X X X cultivation 915 Compassion Center X X X X S S S X X X 916 Medical Marijuana Emporium X X X X X X X X X X SRD Footnote to Use Table: *See Article VII, Section

4 * * * Section 2. Personal medical marijuana cultivation accessory use. Personal medical marijuana cultivation by either (1) a single registered cardholder, within his or her own residential dwelling unit; or (2) two registered cardholders living together within their own residential dwelling unit, is permitted as an accessory use to a lawfully permitted residential dwelling unit in certain zones, as provided in Article II. In a mixed use building that contains both residential and nonresidential uses, this use shall be contained within the residential dwelling unit only. Such accessory use may have no more than five (5) ounces of useable medical marijuana, twenty-four (24) mature medical marijuana plants, and twelve (12) seedlings. Confidentiality of cardholders shall be protected pursuant to Section 6 herein. (a) This use shall be permitted as of right where the cultivation contains no more than twelve (12) mature medical marijuana plants. (b) A cultivation may contain more than twelve (12) but no more than twenty-four (24) mature medical marijuana plants only with the approval of the Zoning Official, who shall verify that the applicant or applicants are duly-licensed cardholders and shall further verify that the proposed cultivation is a permitted use in the zoning district proposed. The Zoning Official may require an inspection of the property to determine that the use complies with all other applicable codes, including fire, building and electrical codes. Section 3. Special use permit standards for Residential Cooperative Cultivations. Residential cooperative cultivations shall be permitted by special use permit in the RFR-1, RFR- 2, Neighborhood Business, and Highway Business zones, subject to the requirements of Article I, Section 7(C)(2), and subject also to the additional requirements set forth in R.I. Gen. Laws , as set forth below: (1) A cardholder can only cooperatively cultivate in one location; (2) No single location may 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 acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by each cardholder and is displayed prominently on the premises. (5) A residential cooperative cultivation may have no more than ten (10) ounces of useable medical marijuana, twenty-four (24) mature medical marijuana plants, and twelve (12) seedlings. (6) A residential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes. (7) The location of the cooperative cultivation must be reported to the division of state police by the applicant for the special use permit. (8) The cardholders need not appear in person at the public hearing and may appoint a representative to appear on their behalf before the Zoning Board. The application and legal notice for the public hearing need not contain the identities of the cardholders, but 4

5 the proposed location of the cooperative cultivation and the identity of the owner of the real estate and the designated representative, if any, shall be specified. Section 4. Special use permit standards for Non-Residential Cooperative Cultivations. Non-residential cooperative cultivations shall be permitted by special use permit in the Highway Business, Exit 7 SMD, and Industrial A zones, subject to the requirements of Article I, Section 7(C)(2), and subject also to the additional requirements set forth in R.I. Gen. Laws , as set forth below: (1) A cardholder can only cooperatively cultivate in one location; (2) No single location may 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 acknowledgement of the limitation of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by each cardholder and is displayed prominently on the premises. (5) A non-residential cooperative cultivation may have no more than ten (10) ounces of useable medical marijuana, forty-eight (48) mature medical marijuana plants, and twentyfour (24) seedlings. (6) A non-residential cooperative cultivation must have displayed prominently on the premises documentation from the municipality where the single location is located that the location and the cultivation has been inspected by the municipal building and/or zoning official and the municipal fire department and is in compliance with any applicable state or municipal housing and zoning codes. (7) The location of the cooperative cultivation must be reported to the division of state police by the applicant for the special use permit. (8) Development Plan Review shall be conducted by the Planning Board. (9) The cardholders need not appear in person at the public hearing and may appoint a representative to appear on their behalf before the Zoning Board. The application and legal notice for the public hearing need not contain the identities of the cardholders, but the proposed location of the cooperative cultivation and the identity of the owner of the real estate and the designated representative, if any, shall be specified. (10) The non-residential cooperative cultivation shall not be located on a property containing a residential use. Section 5. Special use permit standards for Compassion Centers. Compassion centers shall be permitted as a special use permit use in the Highway Business, Exit 7 SMD, and Industrial A zones, subject to the requirements of Article I, Section 7(C)(2), and all of the following additional requirements: (1) The requested use at the proposed location will not adversely affect the use of any property used for a school, public or private park, playground, play field, youth center, licensed day-care center, or any other location where groups of minors regularly congregate. 5

6 (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 compassion center must not be located within: a. One thousand (1,000) feet from the nearest Residential zoning district; or b. One thousand (1,000) feet from the nearest house of worship, school, public or private park, playground, play field, youth center, licensed day-care center, or any other location where groups of minors regularly congregate; or c. Two thousand (2,000) feet from any other compassion center. (5) The distances specified in the immediately preceding section (5) shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center use is to be located to the nearest boundary line of a residential district or to the nearest property line of any of the other designated uses set forth therein. (6) Hours of operation for a compassion center shall be limited to 8:00 a.m. to 8:00 p.m. (7) Lighting shall be required such that will illuminate the compassion center, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk. Lighting shall be hooded or oriented so as to deflect light away from adjacent properties. (8) The proposed compassion center shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and shall ensure that each location has an operational security/alarm system. (9) Development Plan Review shall be conducted by the Planning Board. (10) All compassion center uses shall fully comply with all other licensing requirements of the Town of West Greenwich and the laws of the State of Rhode Island. Section 6. Confidentiality for medical marijuana cardholders. An individual who possesses a valid registry identification card need not identify himself or herself in an application for a special use permit for a cooperative cultivation or for approval to cultivate more than twelve (12) mature medical marijuana plants, as provided in Section 2 herein. (a) Special use permit applications: The cardholder must identify himself or herself and provide the relevant cards to the Zoning Official for examination, but the identity of the cardholder shall not be a public record and the Zoning Official shall not share the identity of the cardholder, except as necessary by law in the performance of his or her duties. At the time of application the cardholder may appoint a representative to appear before the Zoning Board on his or her behalf. The advertisements for the public hearing shall contain the location of the proposed cultivation and the identity of the owner of the real estate and the identity of the designated representative. The Zoning Official may certify to the Zoning Board that the applicant meets the necessary legal requirements as a cardholder(s). (b) Personal medical marijuana cultivation accessory use pursuant to Section 2 herein: In order to cultivate thirteen (13) to twenty-four (24) mature medical marijuana plants, the cardholder must identify himself or herself and provide the relevant cards to the Zoning Official, but the identity and address of the cardholder shall not be a public record and the 6

7 Zoning Official shall not share the identity or address of the cardholder, except as necessary by law in the performance of his or her duties. Section 7. Control of odors. All structures in which medical marijuana is used, cultivated, processed, and/or stored, must provide a proper ventilation system with air filters which will eliminate the odor of marijuana and prevent the migration of smoke into neighboring properties. Section 8. Indoor cultivation required. In accordance with R.I. Gen. Laws (a), medical marijuana cultivated in accordance with this Ordinance must be cultivated and stored in an indoor facility. *** This ordinance shall become effective upon passage. \\SERVER\Share\W.Greenwich\Ordinances\Marijuana Zoning\Medical Marijuana Zoning Ordinance Amendments d3.docx 7