[Added 8-10-2010 by Ord. No. 2010-15]
[Amended 7-10-2017 by Ord. No. 2017-5]
The purpose of this section is to establish rules for interpreting
the text of this article, to define certain words and terms, and to
provide for the interpretation of this article by adoption of a technical
dictionary. The definitions that follow and those included in R.I.G.L.
Title 21, Chapter 28.6, govern the interpretation of words in this
article. All words and phrases not defined will be interpreted and
understood according to the common preferred usage of the language.
A not-for-profit corporation subject to the provisions of Chapter 6 of Title 7 and registered under R.I.G.L. § 21-28.6-12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses marijuana and/or related supplies and educational materials to patient cardholders and/or their registered caregiver cardholder or authorized purchaser.
Any entity that, under state law, may acquire, posses, cultivate,
manufacture, deliver, transfer, transport, or supply marijuana, medical
or otherwise, to a registered compassion center or other entity authorized
to dispense marijuana.
A retail business or restaurant and entertainment, whether
for profit, nonprofit, or otherwise, at which the sale or use of marijuana,
medical or otherwise, takes place. This shall include without limitation
any so-called vape lounge, vapor lounge, or any other establishment
at which marijuana, medical or otherwise, is consumed in vaporized
form.
A facility used by a qualifying patient cardholder (hereafter
"patient") or a primary caregiver cardholder (hereafter "caregiver")
as defined in Rhode Island General Laws to cultivate and grow marijuana
under the Medical Marijuana Act.[1]
Town Inspectors may include zoning officials, police, or
any other town official who may investigate possible violations under
this article or the Medical Marijuana Act.
[1]
Editor's Note: See R.I.G.L. § 21-28.6-1 et seq.
[Added 7-10-2017 by Ord.
No. 2017-5]
Medical marijuana facilities must:
A.
Be located
at the cardholder's primary residence and if the cardholder does not
own the property, the owner(s) shall provide written notarized acknowledgement
of the proposed use at time of application.
B.
Apply
for the following approvals, which applications shall be sealed and
kept confidential and not subject to review by any party other than
the cardholder:
C.
Comply
with the following requirements:
(1)
The
area used for cultivation and growth is secured by locked doors and
an alarm system;
(2)
The
area used for cultivation and growth has two means of ingress and
egress;
(3)
The
area used for cultivation and growth is not below grade and not in
a basement;
(4)
The
area used for cultivation and growth is not within 10 feet of a heating
or other ignition source such as an electric, propane, natural gas
or oil-fired furnace or heater, or as required per manufacturer specifications
of such source;
(5)
The
area used for cultivation and growth has proper ventilation to mitigate
the risk of mold;
(6)
The
area used for growing has carbon filters installed to reduce odors;
(7)
Smoke
alarms/detectors are installed in accordance with state fire code
and/or to the satisfaction of the Fire Marshal;
(8)
Compressed
flammable gas is not used for the purposes of cultivation and growth;
(9)
The
cultivation and growth is not perceptible from the outside, including,
but not limited to, odors or noises related to the cultivation and
growth;
(10)
The facility is not used and could not be used to enhance the effects
of the tetrahydrocannabinol (THC) in the cardholder's usable or unusable
medical marijuana;
(11)
The facility is not being used and could not be used to extract any
chemicals or oils from the cardholder's usable or unusable marijuana.
[1]
Editor's Note: Former § 340-138, Use regulations;
special use permit required, was repealed 7-10-2017 by Ord. No. 2017-5.
[Added 7-10-2017 by Ord.
No. 2017-5]
All uses listed in Subsection 15, Special uses, of the Table
of Use Regulations, Attachment 1 of this chapter, requiring a special
use permit must meet the following standards for a special use permit
to be granted:
A.
Application.
The application must provide the legal name and address of the applicant.
If the applicant is a corporation, the Articles of Incorporation,
the name, address and date of birth of each principal officer and
board member must be included with the application.
B.
Findings.
In granting a special use permit, the Board must find that:
(1)
The requested use at the proposed location will not adversely affect
the economic welfare of the surrounding neighborhood;
(2)
The requested use at the proposed location will not adversely affect
the use of any property, public or private, used for school, park,
playground, playfield, youth center, licensed day-care center, or
other location where groups of minors regularly congregate;
(3)
The requested use at the proposed location is sufficiently buffered
in relation to any residential uses in the immediate vicinity so that
it shall not adversely affect said uses; and
(4)
The exterior appearance of the structure will be consistent with
the exterior appearance of structures already constructed or under
construction within the immediate neighborhood, so as to prevent blight
or deterioration, or substantial diminishment or impairment of property
values within the neighborhood.
C.
Location.
(1)
All special use permits must be located at least:
(a)
One thousand five hundred feet from the nearest house of worship,
public or private school, park, playground, playfield, youth center,
licensed day-care center, or other location where groups of minors
regularly congregate; or
(b)
Two thousand feet from any other compassion center and medical marijuana
cultivation center; or
(c)
One thousand feet from the Johnston Town lines.
(2)
All special use permits except medical marijuana facilities must
be located at least 1,000 feet from the nearest residential zoning
district, lot line of a residence which is a nonconforming use in
a nonresidential zone in existence as of the effective date of this
article and a B-1 or B-2 zoning business district.
(3)
The distances specified above shall be measured by a straight line
from the nearest property line of the premises on which the use is
proposed to be located to the nearest boundary line of a residential
zoning district or to the nearest property line of any of the other
designated use set forth above.
D.
Hours
of operation. All special use permits except medical marijuana facilities
may only operate between the hours of 9:00 a.m. to 5:00 p.m. Monday
through Friday and may not be open to the public on Saturdays and
Sundays.
E.
Lighting.
(1)
Lighting shall adequately illuminate the compassion center and medical
marijuana cultivation center, its immediate surrounding area, any
accessory uses, including storage areas, the parking lots, the front
facade, and any adjoining public sidewalk.
(2)
Lighting shall be hooded or oriented so as to deflect light away
from adjacent properties.
F.
Security.
The proposed compassion center and medical marijuana cultivation center
shall implement the appropriate security measures to deter and prevent
the unauthorized entrance into areas containing marijuana and shall
insure that each location has an operational security alarm system.
The Board may require the applicant to seek review and approval of
the security measures from the Police Department.
G.
Parking.
All uses permitted under this article must comply with the off-street
parking and loading requirements and regulations of this chapter for
the zoning district in which the use is located.
H.
No
use permitted under this article shall be allowed a freestanding accessory
sign.
I.
Violations.
A violation of this article shall result in the loss of legal status
in the Town of Johnston as a patient or caregiver cardholder in accordance
with R.I.G.L. § 21-28.6. All inspectors, officials, and/or
fire marshals shall be required to report a violation of the provisions
of this section to the Rhode Island Department of Health.
