Should the Building/Zoning Official determine that a special use permit is required, the Official shall deny the applicant's building permit and refer the applicant to the Board.
The application for a special use permit, variances and appeals shall be accompanied by the following:
A.
A completed zoning application, including the names and addresses of property owners of record (applicants), specifically indicating the portion of this chapter under which the special use permit, variance and/or appeal is sought and stating the grounds on which it is requested.
B.
A radius map of the site and of the surrounding area within 200 feet of the perimeter of the site drawn at a scale of one inch to 50 feet showing a North arrow and a list of property owners within 200 feet of the property in question. Sites encompassing large areas may use a radius map on a smaller scale than one inch to 50 feet.
C.
All plans submitted shall be stamped by a registered or licensed land surveyor or civil engineer with similar information showing the proposed development of the site.
D.
The Board and the Building/Zoning Official may require any additional information they deem necessary.
To accomplish the general purposes of this chapter, certain of the uses requiring a special use permit under the provisions of this chapter need further consideration because they are somewhat unique, highly specialized, or often present difficult zoning administration or enforcement problems. The following supplemental regulations and standards have been designed in order to achieve more compatibility between such uses and neighboring development. The Board may also impose additional requirements in the public interest to cover circumstances unique to the selected site.
A.
The site shall contain at least five acres.
B.
The site shall have direct access to a public street.
C.
All structures shall be set back at least 100 feet from any street or boundary line. Viewing areas and seating areas shall be set back at least 50 feet from any street or boundary line.
D.
All parking areas and accessways shall be adequately lighted; provided, however, that such lighting shall be shielded to prevent glare or reflection onto neighboring properties or public streets.
E.
Off-street parking spaces shall be provided in accordance with the provisions of this chapter.
G.
For any drive-in theater:
(1)
The theater screen shall be shielded in such a manner that the projected image cannot be observed from highways with state route designations within 2,500 feet.
(2)
Off-street space for automobiles or patrons awaiting admission to the theater shall be equal to 20% of the capacity of the viewing area. All entrances and exits shall be designed to provide one-way traffic patterns.
A.
A site shall contain at least 20 acres and shall have direct access to a public street.
B.
All structures shall be set back at least 50 feet from a lot line.
C.
Off-street parking spaces shall be provided in accordance with the provisions of Article XII, Off-Street Parking and Loading.
D.
Accessory uses consistent with the use of the grounds shall be permitted to the extent that they do not constitute a general retail sales outlet.
Public and private utility structures not specifically permitted as a matter of right in the various zoning districts, pertaining to water, sewage, gas, telephone, and electric utilities, and police, fire, radio, and television stations, including broadcast antennas may be permitted as a special use.
A.
Fencing and screening. If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings.
B.
Waterworks and sewerage treatment plants. Application for waterworks or sewerage treatment plants shall be accompanied by a report and a recommendation from the appropriate governing agencies. Such recommendation as to design and construction, type of treatment, source of water, and standards for the quality of effluent shall be recorded in the minutes of the Board.
The purpose of this section is to encourage the effective and timely development of land for commercial purposes in accordance with the objectives and policies of the Comprehensive Plan, to assure suitable design to protect the property values and the residential environment of adjacent neighborhoods, and to minimize traffic congestion on the public streets (see Article XXVII, Development Plan Review).
A.
Procedure. Prior to submitting an application for a shopping center to the Board, development plans shall be submitted to the Planning Board for development plan review. Subsequent to receiving Planning Board approval, the applicant shall submit approved site plans and supporting documentation to the Board. The Board shall hold a public hearing in accordance with Article XXII and shall grant or deny the special use permit. Strict adherence to the conditions set by the Planning Board and the Board are necessary for issuance of certificates of zoning compliance and building permits. Such building permits must be requested within one year of the date of Board approval. The Board may extend its approval for one-year periods after a public hearing for good cause shown.
B.
Development standards.
(1)
Permitted uses. Any nonresidential use permitted in the BN or BH Zone is permitted as a principal use of land in a shopping center.
(2)
Site area. A shopping center shall be located on a parcel of land having an area of at least 10 acres.
(3)
Maximum lot coverage. The total ground area occupied by all principal buildings, together with all accessory buildings, shall not exceed 25% of the total area of the parcel of land.
(4)
Height restriction. No principal building shall exceed 30 feet in height; no accessory building or other structure shall exceed 20 feet in height. Sign heights shall be regulated by § 340-4.26 of this chapter.
(5)
Building setback line. Each land parcel shall have a building setback from all street lines of at least 80 feet. A strip 20 feet deep along the street line shall be maintained as a continuous landscape buffer strip except for accessways. The remaining area may be used for parking.
(6)
Side and rear yards. The parcel of land shall have side and rear yards of at least 50 feet in width. A strip 20 feet in width or depth along side and rear lot lines shall be maintained as a landscaped buffer strip. The remainder of the area may be used for parking.
(7)
Residential buffer areas. Along any boundary line adjacent to a residential area, a buffer yard shall be at least 100 feet in depth, measured from the property line to a parking area.
(8)
Access and traffic control.
(a)
Access barrier. A shopping center shall be physically separated from each adjoining street by a curb or other suitable barrier against unchanneled motor vehicle ingress and egress. Such barrier shall be located at the edge of, or within, a 20-foot-deep strip along the property line. Except for the accessways permitted by Subsection B(8)(b)[2] below, the barrier shall be continuous for the entire length of the property line.
(b)
Accessways. A shopping center shall have not more than one accessway for ingress and one accessway for egress on any one street unless unusual circumstances demonstrate the need for additional access points. Each accessway shall comply with the following requirements:
[1]
The width of any accessway leading to a public street shall not exceed 25 feet at its intersection with the property line. Curb returns shall have a minimum radius of 30 feet.
[2]
At its intersection with the property line, no part of any accessway shall be nearer than 100 feet to the intersection of any two street right-of-way lines, nor shall any part be nearer than 50 feet to any side or rear property line.
[3]
The location and number of accessways shall be so arranged that they will reduce traffic hazards as much as possible.
(9)
Off-street parking areas. Off-street parking spaces shall be provided in accordance with the provisions of Article XII, Off-Street Parking and Loading.
(10)
Off-street loading. Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of 26 feet wide and shall be in addition to and not part of the drives or circulation system used by the vehicles of shoppers. The arrangement of truck loading and unloading facilities for each shop or store shall be such that in the process of loading and unloading, no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked.
(11)
Lighting. All parking areas and accessways shall be floodlighted at night during business hours. All outside lighting shall be arranged and shielded to prevent glare or reflection, nuisance, inconvenience, or hazardous interference of any kind on adjoining streets or residential properties.
(12)
Dumpster enclosures. Each building shall be provided with a covered dumpster which shall be surrounded on all sides with opaque fencing and a gate to allow access for vehicles designed to empty the dumpster.
C.
Application requirements. Shopping centers shall be classified as major land development projects and shall follow the submission and approval process designated in the Land Development Subdivision Regulations.
The purpose of these regulations is to allow, in residential areas, the development of multifamily dwellings and apartments which may utilize the natural amenities of the site to a greater extent; provide more varied housing types which are harmonious with neighboring residential uses; and will not overwhelm existing and planned community facilities and services. No multifamily structure(s) and apartment(s) shall be erected except in conformance with standards herein.
A.
Development standards.
(1)
Building design and location. Where more than one principal structure is erected on a lot, it shall be set back a minimum of 25 feet from interior ways, 15 feet from parking areas, and 20 feet from other principal structures.
(a)
Attached dwellings (row houses, townhouses, etc.). No contiguous row of attached dwellings shall number less than two dwelling units, nor more than eight units, and minimum width of individual units shall not be less than 20 feet.
(b)
Apartments. No portion of the upper half of the lowest habitable floor shall be set below ground level. No principal structure may be less than 60 feet in length.
(2)
Water. Municipal water shall be available at the site in sufficient quantity.
(3)
Sewer. Municipal sewers shall be required.
(4)
Parking. All parking spaces shall be paved. No parking shall be allowed within 25 feet of any lot line. No row of parking spaces shall exceed 100 feet without a landscape separation of at least 10 feet in width. There shall be a separation of at least 10 feet between rows.
(5)
Interior streets. All interior streets shall be paved a minimum of 24 feet in width and be free of obstructions and parking spaces.
(6)
Road and parking area construction. All areas, whether for public or private use which are paved for vehicular purposes, shall be constructed in accordance with Town subdivision regulations.
(7)
Access and egress. On any one street there shall not be more than one opening for access or egress at 500-foot intervals.
(8)
Open space dedication. Open space dedication to the public, if required, shall not exceed 5% of the site area.
(9)
Natural site amenities. Developers shall preserve the maximum amount of natural site amenities required by the Town, such as wooded areas, streams, and overlooks. The Town may require as a precondition for building permits, restoration of natural areas indiscriminately cleared prior to submission of the preliminary plat.
B.
Application requirements. Multi-family dwellings and apartments shall be classified as major land development projects and shall follow the submission and approval process designated in the Land Development Subdivision Regulations.
A.
All drive-through facilities shall provide a minimum of 10 on-site stacking/queuing spaces in accordance with RIDOT Physical Alteration Permit General Restrictions Standard 4.10.10. Stacking spaces provided for drive-through uses shall be:
(1)
A minimum of 11 feet in width, as measured from the outermost point of any service window, order/menu board or other similar appurtenance, to the inside edge of the drive lane, and 20 feet in length per stacked vehicle. In the case of a recessed service window, the measurement shall be taken from the building wall.
(2)
Designated stacking spaces shall be measured from the vehicle parked at the order/menu board, or in the case of a pick-up lane only at the service/pick-up window. Spaces shall be placed in a single line behind each lane.
(3)
The number of required queued cars shall apply to each individual drive-through lane where multiple lanes are proposed.
B.
Where a drive-through facility adjoins a residential district or abuts a property on which a residential use is located, there shall be required a setback of 40 feet from the drive-through facility, including the lanes and order board, and the abutting/adjoining residential use or district and a 10-foot landscaped buffer adjoining the residential use or district. Said 10-foot buffer shall be appropriately landscaped with natural vegetation and shall include an opaque fence not less than six feet nor more than eight feet in height, or a compact evergreen screen not less than four feet in height to be installed and maintained between such area and the adjoining residential use or district.
C.
All drive-through lanes shall be located and designed to ensure that they do not adversely affect or hinder traffic circulation within the site and on adjoining streets. Drive-through lanes shall not route exiting traffic onto adjacent residential streets.
D.
Speakers used for ordering and other service shall be located so as not to disturb or interfere with the use of neighboring properties.
A.
Purpose. The purpose of this section is to regulate the placement of wireless communications facilities, limited to monopoles (towers), and related equipment and structures, telephone and cable television equipment and related equipment and the addition of communication equipment to existing structures. For the purpose of this section, lattice towers and guyed towers are not permitted. The regulations serve to establish a procedure for application of special use permits, establish development standards and location requirements and to encourage the co-location of equipment onto existing structures. The goals of this section are to:
(1)
Address the public safety concerns associated with the siting of wireless communications facilities;
(2)
To preserve the character, appearance, property values, natural resources and historic sites of the Town;
(3)
Minimize the number of new facilities by encouraging co-location and use of friendly sites;
(4)
Limit the height of telecommunication facilities;
(5)
Encourage the siting of new facilities on Town-owned properties which meet the criteria listed in Subsection E(2)(a), Specific permitted uses, when co-location is not possible and in areas where friendly sites are not suitable; and
(6)
Enhance the ability of carriers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.
B.
Applicability.
(1)
New towers and facilities. The requirements set forth in this section shall govern the location of all new telecommunication facilities and related equipment. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
(2)
Amateur radio antennas. This section shall not govern any tower or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for antennas.
C.
General guidelines and requirements.
(1)
Submittals. The following submittals shall be provided as part of the application for development plan review and special use permit:
(a)
A report provided by a professional radio frequency engineer describing the general design and capacity of the proposed installation, including:
[1]
A description of the tower and the technical, economic and other reasons for the tower design.
[2]
Describe the capacity of the tower including the number and type of transmitters and receivers that it can accommodate and the basis for the calculation of capacity.
[3]
Demonstrate that the tower and site comply with this section.
(b)
A site plan prepared by a Rhode Island licensed professional engineer at a scale of 1:40 which will show the following:
[1]
Facility location, dimensions and tower height.
[2]
Accessory building(s) for switching equipment.
[3]
Topography (two-foot contour interval).
[4]
Fencing, landscaping and screening.
[5]
Access and parking.
[6]
Lighting.
[7]
Areas to be cleared of vegetation and trees.
[8]
Site boundaries.
[9]
Description of adjacent uses.
(c)
Between the date of advertisement of the public meeting date, and the scheduled public meeting date, a balloon may be required to be deployed at the height of the proposed tower. All cost associated with balloon deployment will be borne by applicant.
(d)
Applicants proposing to erect wireless communication towers, accessory facilities and structures on land or structures shall provide evidence of contractual authorization from the owner(s) to conduct wireless communications services on the property. Applicants other than licensed carriers shall provide evidence that a licensed carrier will locate on the proposed facility once erected.
(2)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. In a Manufacturing (M) Zone, telecommunication facilities shall be allowed as a principal use or as an accessory use should there already be a principal use on the subject property. In all zoning districts other than Manufacturing (M), only one principal use is allowed on a lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure. Towers and base facilities may not take away required parking spaces of an existing building or use.
(3)
Cell grid map. Each applicant shall submit a map depicting the proposed cell grid, the coverage ring and site search ring for all existing, proposed wireless telecommunication facilities for North Smithfield, and for an area within 10 miles of the border of North Smithfield. A map indicating the location of all friendly sites in North Smithfield (i.e., existing telecommunication towers, water towers, steeples, smokestacks, electric transmission towers, radio and fire towers).
(4)
Evaluation of friendly sites. Each applicant shall submit an evaluation of friendly sites within the search area or within one mile of the proposed site, whichever is greater. Specific information about location, height and design capacity of each site. Proof that owners of friendly sites within the search area have been contacted and that permission was sought to install a device on those structures, and that permission was denied, or that such locations do not satisfy requirements to provide the service needed. Failure to present evidence of a good faith effort on the part of the applicant to utilize existing facilities shall be grounds for denial of the application.
(5)
Co-location.
(a)
Each applicant shall demonstrate to the reasonable satisfaction of the Planning Board and Zoning Board that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower can accommodate the applicant's proposed antenna may consist of any of the following:
[1]
Proof that owners of existing towers or structures within search area of the proposed tower location or within one mile, whichever is greater, have been contacted and that permission was sought to install a device on those structures, and that permission was denied. (Note: "structures" include water tanks, steeples, smokestacks, buildings, fire towers, utility towers, etc.)
[2]
No existing tower or structures are located within the search area of the proposed tower location or within one mile, whichever is greater.
[3]
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
[4]
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
[5]
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(b)
Every telecommunication facility approved under this section shall be subject to the condition that the facility owner must allow co-location upon the structure by wireless communication carriers upon commercially reasonable terms and conditions and without unreasonable delay, if such co-location is technically feasible. It is expressly provided that any requirement imposed by a facility owner which requires the payment of rent in excess of industry standards, or which allows co-location only if the requesting party provides comparable space on one of its structures to the owner shall be deemed to be commercially unreasonable.
(6)
Site justification statement. Every application for special use permit shall be accompanied by a description of the narrowing process that eliminated other potential sites. The applicant shall also provide a written statement from a radio frequency engineer justifying the height of the proposed facility.
(7)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the State Building Code, as amended from time to time. If, upon inspection, the Building/Zoning Official concludes that a tower fails to comply with such Code and standards and constitutes a danger to persons or property, then the Building/Zoning Official shall proceed in accordance with R.I.G.L. Title 23, Chapter 27.3, entitled "State Building Code."
(8)
ANSI standards. Upon completion of construction, the applicant shall submit an annual report to the Town Building/Zoning Official which provides quantified electromagnetic field (EMF) measurements to current federal and American National Standards Institute (ANSI) standards or subsequent standards. If the project does not meet federal and ANSI standards, the permit may be modified or revoked.
(9)
Federal requirements. Demonstrate that the tower complies with all applicable standards of the federal and state governments. A copy of the requests made by the applicant to the Federal Aviation Administration (FAA), Federal Communications Commission (FCC) to provide a written statement that the proposed tower complies with applicable regulations administered by the agency or that the tower is exempt from those regulations and a copy of the response from each agency shall be included. If such response is not received within 60 days, the application will be considered incomplete. The applicant shall send a subsequently received agency statement, if any, to the Planning Board.
(10)
Carrier notification. All applicants shall send certified mail announcements to all other licensed carriers located in Rhode Island, declaring their sharing capabilities and siting needs. Except in cases where mechanical, structural or regulatory factors prevent them from sharing, applicants cannot be denied or deny space on a tower.
D.
Procedures.
(1)
A preapplication conference with the Planning Department is required before development plan review.
(2)
A meeting before the Planning Board for development plan review shall be scheduled within 60 days of certification that an application is complete.
(3)
A meeting shall be scheduled with the Zoning Board of Review in accordance with § 340-5.19, Special use permits; conditions governing applications; procedures.
(4)
Building permits are required for all telecommunication towers, antennas and equipment shelters.
E.
Permitted uses.
(1)
General. The uses listed in this subsection are deemed to be permitted uses and shall not require a special use permit. Nevertheless, all such uses are subject to the requirements of Subsection C for development plan review.
(2)
Specific permitted uses:
(a)
Telecommunication facilities including the placement of monopoles and additional buildings or other supporting equipment used in connection with said facility, in a Manufacturing (M) Zoning District; provided, however, that the height of the proposed facility is less than 125 feet, that such facility is set back from any residential property line a minimum distance equal to 500 feet or three times the height of the facility, whichever is greater; set back from any public right-of-way, any commercial or manufacturing structure or use equal to a distance 1 1/2 times the height of the facility; and the proposed site provides the opportunity to minimize the adverse visual effects of telecommunication facilities.
(b)
Telecommunication facilities including the placement of monopoles less than 125 feet and additional buildings or other supporting equipment used in connection with said facility on land occupied by existing Blackstone Valley Electric and Narragansett Electric (or its successor) transmission towers; provided, however, that such facility is set back from any residential property line a minimum distance equal to 500 feet or three times the height of the facility, whichever is greater; set back from any public right-of-way, any commercial or manufacturing structure or use equal to a distance 1 1/2 times the height of the facility; and the proposed site provides the opportunity to minimize the adverse visual effects of telecommunication facilities.
(c)
Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is 30 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure.
(d)
Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet in height of said existing tower.
(e)
Direct broadcast satellite antenna one meter or less in diameter, or home satellite dish of not more than one meter in diameter or measured diagonally.
F.
Special use permits:
(1)
General. The following conditions shall require the application for a special use permit:
(a)
If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection E of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(b)
In granting a special use permit, the Zoning Board of Review may impose conditions, to the extent the Board concludes such conditions are necessary, to minimize any adverse effect of the proposed tower on adjoining properties.
(c)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by Rhode Island licensed professional engineer.
(d)
Any extension, addition of cells or construction of new or replacement towers or transmitters shall be subject to development plan review and amendment to the special permit, following the same procedure as for an original grant of a special use permit.
(2)
Factors considered in granting special use permits. The Zoning Board shall consider the following factors in determining whether to issue a special use permit, although the Board may waive or reduce the burden on the applicant of one or more of these criteria if they find that the goals of this section are better served thereby.
(a)
Height of the proposed tower;
(b)
Proximity of the tower to lot boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
The opportunity for natural screening of telecommunication facilities through a combination of reduced facility height due to site elevation, lot depth, natural vegetation, or topography;
(e)
Design of the tower, with particular references to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(f)
Proposed ingress and egress; and
G.
Design standards. The following design standards shall apply to all towers and antennas.
(1)
Setbacks and separation:
(a)
Towers must be set back from any residential structure or lot line, a minimum distance of 500 feet or three times the height of the tower, whichever is greater.
(b)
Towers must be set back a distance equal to 1 1/2 the height of the tower from the lot line of any adjoining commercial or manufacturing structure or use.
(c)
Towers shall not be located within 1,000 feet of a school facility.
(d)
Accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.
(2)
Landscaping and screening. The applicant must demonstrate that the tower or antennas are located within a given site so as to minimize the visual impact. Existing on-site vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for the landscaped screening requirement. Appropriate screening shall be installed at all tower sites to screen views from adjacent properties and streets. Planting shall be of such a height and density to ensure screening. Screening shall consist of plant and/or tree material accepted by the Town Planner. Screening shall occupy 10% of the minimum established setback requirement but shall not be less than five feet in width unless located in or abutting a residential district or historic district which will require that it not be less than 10 feet in width. Screening may be waived on those sides or sections which are adjacent to undevelopable lands. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.
(3)
Traffic ways. Traffic associated with the tower and accessory facilities shall not adversely affect abutting ways and access shall be provided to a site by a roadway which respects the natural terrain, does not appear as a scar on the landscape, and is approved by the Zoning Board of Review and the Fire Chief to assure emergency access at all times. Consideration shall be given to design which minimizes erosion, construction on unstable soils and steep slopes.
(4)
Fencing. Communication towers shall be enclosed by a fence with one-inch wire mesh no less than eight feet in height or more than 10 feet in height from finished grade. Access shall be through a locked gate.
(5)
Lighting. Communication towers shall not be artificially lighted except as required for public safety purposes, by the Federal Aviation Administration (FAA), or by the Town of North Smithfield.
(6)
Signs. No signs shall be allowed on any communication tower except as required for public safety purposes, by the Federal Communication Commission (FCC) or by the Town. All signs shall conform with the sign requirements of Article XIII of this chapter.
(7)
Equipment shelters. Equipment shelters shall be limited to one per provider but shall not exceed 10 shelters per tower. If more than one use, the equipment shelters shall be connected by a common wall. Each shelter shall not exceed 275 square feet in size and 10 feet in height and shall be of the same design and color as each other.
(8)
Color. The color of the paint or finish is to be determined by the Planning Board.
(9)
Designed to maximize uses. The tower shall be designed to accommodate the maximum number of uses technologically practical.
H.
Removal of abandoned telecommunication facilities. All unused telecommunication facilities and structures which have not been used for one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the Building/Zoning Official. The applicant shall post a bond which shall be reevaluated every two years, to cover the cost of removal and restoration of the site if appropriate. If such antenna or tower is not removed within 90 days, the Town may take the necessary action to remove the facility at the owner's expense.
I.
Exemptions. The following types of wireless communications towers are exempt from this § 340-3.15:
(1)
Amateur radio towers used in accordance with terms of any amateur radio service license issued by the Federal Communications Commission, provided that:
(a)
The tower is not used or licensed for any commercial purpose.
(2)
Towers and antennas erected on land or structures owned by the Town of North Smithfield for public safety and other telecommunication purposes.
J. ABOVE GROUND LEVEL (AGL) ANTENNA CAMOUFLAGED CARRIER CO-LOCATION CROSS-POLARIZED OR DUAL-POLARIZED ANTENNA ELEVATION ENVIRONMENTAL ASSESSMENT (EA) EQUIPMENT SHELTER FALL ZONE FRIENDLY SITES FUNCTIONALLY EQUIVALENT SERVICES GUYED TOWER HEIGHT LATTICE TOWER LICENSED CARRIER MONOPOLE MOUNT OMNIDIRECTIONAL OR WHIP ANTENNA PANEL ANTENNA PERSONAL WIRELESS SERVICE RADIO FREQUENCY (RF) ENGINEER RADIO FREQUENCY RADIATION (RFR) SECURITY BARRIER SEPARATION
Definitions: As used in this section, the following terms shall have the meanings indicated:
A measurement of height from the natural grade of a site to the highest point of structure.
The surface from which wireless radio signals are sent and received by a personal wireless service facility.
A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged."
A company that provides wireless services.
The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
A low mount that has three panels flush mounted or attached very close to the shaft.
The measurements of height above sea level.
An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
Existing sites with potential for use as antenna platforms.
Cellular, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.
A tower that is tied to the ground or other surface by diagonal cables.
The distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate a commercial mobile radio service system.
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
The structure or surface upon which antennas are mounted, including the following four types of mounts:
A thin rod that beams and receives a signal in all directions.
A flat surface antenna usually developed in multiples.
The three types of services regulated by this section.
An engineer specialized in electrical or microwave engineering, especially the study of radio frequencies.
The emissions from personal wireless service facilities. [Note: It is RFR, not all EMF, that is regulated by the FCC Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation (FCC Guidelines).]
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespassing.
The distance between one carrier's array of antennas and other carrier's array.
It is the intent of this section to regulate and provide zoning standards for the cultivation and distribution of medical marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. (See R.I.G.L. § 21-28.6-1 et seq.)
A.
Patient and/or primary caregiver cultivation. Patient and/or primary caregiver cultivation shall be permitted in all zoning districts. Patient cultivation and/or primary caregiver shall not be allowed unless each of the following criteria has been met:
(1)
Patient and/or primary caregiver cultivation shall only be allowed at the patient cardholder's primary residence when being conducted in a residential zoning district. If the patient and/or primary 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 prior to review and approval by the Town.
(2)
The patient and/or primary caregiver cardholder shall apply for the appropriate approvals and inspections by the local Fire Chief. The Fire Chief shall approve the application for permits pursuant to R.I.G.L. § 23-28.1-1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the local Fire Chief and not subject to review by any party other than the cardholder.
(3)
The patient and/or primary caregiver 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/Zoning Official shall approve the application for permits pursuant to R.I.G.L. § 23-27.3-100.1 et seq. All permits applied for in furtherance of the Act shall be sealed and kept confidential by the Building/Zoning Official and are not subject to review by any party other than the cardholder.
B.
In addition to the requirements above, the patient and/or primary caregiver cardholder shall demonstrate to the Building/Zoning Official that the following requirements have been met:
(1)
That the area used for growing is secured by locked doors;
(2)
That the area used for growing has two means of egress;
(3)
That the area used for growing shall not be 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;
(4)
That the area used for growing shall have proper ventilation to mitigate the risk of mold;
(5)
Provide an odor and/or odorous emissions control plan that details how the proposed location will prevent or control the occurrence and/or release of odorous emissions. Said plan shall include any proposed emissions controls, including but not limited to filtering techniques, biofilters, chemical filtration and/or other similar technique.
(7)
Zoning certificates, Fire Department inspection and/or review, or building/trade permits are not required for patient cardholders cultivating marijuana by natural means that do not make modifications to existing electrical capacity, mechanical or plumbing services in their place of primary residence in a residential zoning district.
(8)
Possession limits. Patient cultivation possession limits shall be as follows unless otherwise stated in the Rhode Island General Laws:
Mature Plants | Immature Plants (Seedlings) and Unusable Marijuana | Unusable Marijuana | |
|---|---|---|---|
Patient cardholder | 12 plants | 12 plants | 2.5 ounces |
Primary caregiver cardholder | 21 plants | 24 plants | 5 ounces |
C.
Licensed cultivator. Licensed cultivators shall be allowed in the Business-Neighborhood District, Limited Commercial District and Manufacturing District by special use permit. Accordingly, a Zoning Board of Review determination is required which shall consider an advisory opinion from the Town's Planning Board. The following minimum information shall be depicted on site plans:
(1)
Building size in addition to zoning building envelope information. Class size shall be in accordance with Section 1.5, Licensed Cultivator Application and Licensing Provisions, of the Rhode Island Department of Business Regulation, Chapter 80 Marijuana, Subchapter 05 Medical Marijuana, effective January 1, 2017, as amended (hereafter referred to as "DBR Regulations").
(2)
Landowner and company owner if different.
(3)
Proposed loading, unloading, and parking areas.
(4)
Hours of operation.
(5)
Lighting and security plan in accordance with DBR Regulations 1.5(F)(2)(a) and (c).
(6)
Alarm system must be linked to municipal law enforcement in accordance with DBR Regulation 1.5(F)(3)(c).
(7)
Emergency notification and reports must be submitted to municipal law enforcement in accordance with DBR Regulation 1.5(7)(a)(b).
(8)
Interior floor plan depicting all electrical, plumbing and HVAC equipment that enables the Town to regulate operation requirements, manufacturing and extraction, sanitation and workplace safety conditions, odor control, pesticide use, and marijuana product and by-product disposal in accordance with the following DBR Regulations 1.5(I)(4)(6)(7)(8) and (9), respectively.
(9)
Scaled site plan containing a radius map to ensure facilities are not less than 1,000 feet from public or private school property lines in accordance with DBR Regulation 1.5(D)(4).
(10)
Signage plan.
(11)
Marijuana extraction. The use of butane, propane, or other compressed gases and solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
D.
Enforcement.
(2)
All unpermitted preexisting cultivation shall be required to comply with this chapter.
(3)
Notices of violation shall be rectified within 90 days.
(4)
All uses permitted under this chapter shall fully comply with all licensing requirements of the Town of North Smithfield and laws of the State of Rhode Island.
A. ADULT USE CANNABIS or RECREATIONAL CANNABIS CANNABIS CONTROL COMMISSION or COMMISSION CANNABIS PRODUCTS or MARIJUANA PRODUCTS CANNABIS RETAILER CONSUMER
Definitions. The definitions of all terms used herein shall be as stated in R.I.G.L. § 21-28.11-3, including but not limited to the following:
Means cannabis which may be legally possessed and consumed for non-medical purposes by a person who is at least 21 years of age.
Means the Rhode Island Cannabis Control Commission established by R.I.G.L. § 21-28.11-4.
Means products that have been manufactured and contain cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
Means an entity licensed pursuant to R.I.G.L. § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.
Means a person who is at least 21 years of age, and who is authorized by law to consume or use cannabis.
B.
Permitted zones. Cannabis retailer uses, as established under "The Rhode Island Cannabis Act," shall be allowed following review by the Planning Board (PB) and the issuance of a Special Use Permit (SUP) in accordance Article XXVIIA, Unified Development Review, of this zoning code, within the following zoning districts as presented in the Use Table 340, Attachment 2, District Use Regulations Table:
Business Highway (BH)
Limited Commercial (LC)
Manufacturing (M)
Mixed Use (MU-1 & MU-2)
C.
Approval standards. Planning board and zoning board approvals shall not be granted unless each of the following standards has been met:
(1)
Minimum qualifications. To qualify for issuance of a cannabis retail sales under this section, an applicant shall satisfy all qualifications established by the Cannabis Control Commission to include, but not be limited to, the following:
(a)
Receipt of a license issued by the Cannabis Control Commission.
(b)
Provide proof that the applicant is 21 years of age or older and is a resident of the State of Rhode Island.
(c)
Undergo a criminal record background check pursuant to R.I.G.L. § 21-28.11-12.1 and on any other terms established by the Cannabis Control Commission.
(d)
Provide proof that the applicant is current and in compliance with all obligations for filings and payments for taxes with the Rhode Island Division of Taxation and the Town of North Smithfield tax office.
(e)
Evidence that the applicant has site control and the right to use the site for cannabis sales in the form of a valid purchase and sales agreement, a valid lease agreement, a notarized statement from the property owner, or other alternate written authorization.
(f)
Provide a security plan that details any anticipated burden on Town public safety personal/services from the use of the facility. Said plan shall include all security measures for the site, transportation of cannabis and cannabis products to and from the premises to ensure the safety of the employees and public, and to protect the facility from theft or other criminal activity.
(g)
Provide an odor and/or odorous emissions control plan that details how the proposed location will prevent or control the occurrence and/or release of odorous emissions. Said plan shall include any proposed emissions controls, including but not limited to filtering techniques, biofilters, chemical filtration and/or other similar technique.
(h)
Demonstrate that the proposed location for the retail sale of cannabis complies with provisions of the Town's zoning regulations.
(2)
Location. Uses granted under this article shall not be located within:
(a)
500 feet from the nearest residential zoning district or lot line of a residence which is a nonconforming use in a non-residential zone in existence as of the effective date of the section; and
(b)
1,000 feet from the nearest pre-existing house of worship, school, public or private park, playground, youth center, licensed day-care center, library or other locations where groups of minors regularly congregate; and
(c)
No cannabis retailer shall be located within 2,000 feet from any other cannabis retailer even if in an adjoining community.
(3)
The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis retailer is to be located to the nearest boundary line of the residential zoning district or the nearest property line of any of the other designated uses set forth above.
(4)
The proposed cannabis retailer hours of operation shall be limited to the hours of 8:00 a.m. to 8:00 p.m. weekdays and Saturdays, and 12:00 p.m. to 6:00 p.m. Sundays.
(5)
Lighting shall adequately illuminate the cannabis retailer, its immediate surrounding area, and the parking lots, the front facade and any adjoining sidewalks and shall be hooded or oriented to deflect light away from adjacent properties.
(6)
The proposed cannabis retailer shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security alarm system.
(7)
The proposed cannabis retailer shall comply with the off-street parking requirements and regulations in § 340-4.19 of this zoning code.
(8)
The proposed cannabis retail location shall present signage in a size and in a form that is reasonably legible from the retail access point, which clearly prohibits any person who is under 21 years of age to be present inside the cannabis retail establishment in compliance with R.I.G.L. § 21-28.11-27.1.
D.
Findings to be made by Planning Board and Zoning Board of Review:
(1)
That the requested use at the proposed location will not adversely affect the property values and/or economic welfare of the nearby community/businesses.
(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 existing on the effective date of this section.
(3)
That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.
(4)
That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood to prevent blight or deterioration or substantial diminishment or impairment of property values within the neighborhood.
(5)
That the requested use possesses a security plan as required in zoning § 340-3.17C(1)(f).
E.
Site plans. No use permitted under the section shall be established prior to submission and approval by the Planning Board of a site plan prepared by a Rhode Island licensed professional engineer (PE) or licensed professional land surveyor (PLS) and building plans prepared by a registered architect (RA). The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plans 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 including those uses stated in Subsection C(2)(a), (b), and (c).
F.
Licensing. All uses permitted under this section shall comply fully with all licensing requirements of the Town and the laws of the state.
A. ADULT USE CANNABIS or RECREATIONAL CANNABIS CANNABIS CONTROL COMMISSION or COMMISSION CANNABIS ESTABLISHMENT or MARIJUANA ESTABLISHMENT CANNABIS PRODUCTS or MARIJUANA PRODUCTS CANNABIS TESTING LABORATORY(1) (2) LABORATORY AGENT
Definitions. The definitions of all terms used herein shall be as stated in R.I.G.L. § 21-28.11-3, including but not limited to the following:
Means cannabis which may be legally possessed and consumed for non-medical purposes by a person who is at least 21 years of age.
Means the Rhode Island Cannabis Control Commission established by R.I.G.L. § 21-28.11-4.
Means cannabis cultivator, cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis retailer or any other type of licensed cannabis-related business.
Means products that have been manufactured and contain cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils, and tinctures.
Means a third-party analytical testing laboratory that is licensed annually by the Commission, in consultation with the Department of Health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the Commission and is:
Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and
Qualified to test cannabis in compliance with regulations promulgated by the Commission pursuant to R.I.G.L. The term includes but is not limited to a cannabis testing laboratory as provided in R.I.G.L. § 21-28.11-11.
Means a registered employee of a cannabis testing laboratory who transports, possesses or tests cannabis.
B.
Permitted zones. Cannabis testing laboratories, as established under "The Rhode Island Cannabis Act," shall be allowed following review by the Planning Board (PB) and the issuance of a Special Use Permit (SUP) in accordance Article XXVIIA, Unified Development Review, of this zoning code, within the following zoning districts as presented in the Use Table 340, Attachment 2, District Use Regulations Table:
Manufacturing (M)
Mixed Use (MU-2)
C.
Approval standards. Planning Board and Zoning Board approvals shall not be granted unless each of the following standards has been met:
(1)
Minimum qualifications. To qualify for a cannabis testing laboratory under this section, an applicant shall satisfy all qualifications established by the Cannabis Control Commission to include, but not be limited to, the following:
(a)
Receipt of a license issued by the Cannabis Control Commission.
(b)
Provide proof that the applicant is 21 years of age or older and is a resident of the State of Rhode Island.
(c)
Undergo a criminal record background check pursuant to R.I.G.L. § 21-28.11-12.1 and on any other terms established by the Cannabis Control Commission.
(d)
Provide proof that the applicant is current and in compliance with all obligations for filings and payments for taxes with the Rhode Island Division of Taxation and the Town of North Smithfield tax office.
(e)
Evidence that the applicant has site control and the right to use the site for cannabis testing laboratory in the form of a valid purchase and sales agreement, a valid lease agreement, a notarized statement from the property owner, or other alternate written authorization.
(f)
Provide a security plan that details any anticipated burden on Town public safety personal/services from the use of the facility. Said plan shall include all security measures for the site, transportation of cannabis and cannabis products to and from the premises to ensure the safety of the employees and public, and to protect the facility from theft or other criminal activity.
(g)
Provide an odor and/or odorous emissions control plan that details how the proposed location will prevent or control the occurrence and/or release of odorous emissions. Said plan shall include any proposed emissions controls, including but not limited to filtering techniques, biofilters, chemical filtration and/or other similar technique.
(h)
Demonstrate that the proposed location for the cannabis testing laboratory complies with provisions of the town's zoning regulations.
(2)
Location. No cannabis testing laboratory shall be located within 1,000 feet of the nearest residential zoning district or lot line of a residence which is a nonconforming use in a non-residential zone, from the nearest pre-existing house of worship, school, public or private park, playground, youth center, licensed day-care center, library or other locations where groups of minors regularly congregate, in existence as of the effective date of this section; and
(a)
The distances specified above shall be measured by a straight line from exterior walls of the existing building of the premises on which the proposed testing laboratory is to be located to the nearest boundary line of the residential zoning district or the nearest property line of any of the other designated uses set forth above.
(3)
Lighting shall adequately illuminate the cannabis testing laboratory, its immediate surrounding area, and the parking lots, the front facade and any adjoining sidewalks and shall be hooded or oriented to deflect light away from adjacent properties.
(4)
The proposed cannabis testing laboratory shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security alarm system.
D.
Findings to be made by Planning Board and Zoning Board of Review:
(1)
That the requested use at the proposed location will not adversely affect the property values and/or economic welfare of the nearby community/businesses.
(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 existing on the effective date of this section.
(3)
That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.
(4)
That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood to prevent blight or deterioration or substantial diminishment or impairment of property values within the neighborhood.
(5)
That the requested use possesses a security plan as required in zoning § 340-3.18C(1)(f).
E.
Site plans. No use permitted under the section shall be established prior to submission and approval by the Planning Board of a site plan prepared by a Rhode Island licensed professional engineer (PE) or licensed professional land surveyor (PLS) and building plans prepared by a registered architect (RA). The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plans 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 including those uses stated in Subsection C(2).
F.
Licensing. All uses permitted under this section shall comply fully with all licensing requirements of the Town and the laws of the state. A cannabis testing laboratory and all agents and employees shall comply with all rules adopted by the Commission and all applicable laws.