Criteria for special uses
Each of the following uses is permitted in a specific district to the extent indicated in section 30-71. Zoning district uses, for that use and district, subject to all provisions of the applicable district, and the provisions in this section. Any use below is permitted in the underlying zoning district if it meets all the requirements for that district, meets the specific and objective criteria listed in this section, and receives an approval of a special use permit per the standards of section 30-34(e), special use permit.
(1) Standards for non-residential uses in residential zoning districts. The standards below apply to any non-residential use permitted as a special use permit in a residential zoning district, in addition to the standards for any particular use per the section 30-215 below. Where there are conflicts with any standards for a particular use per section 30-215 below, the stricter applies.
a. Retail sales. Any retail sales are clearly subordinate to the primary use.
b. Hours of operation and deliveries. With the exception of Town of Burrillville services and hospital emergency rooms, no earlier than 7:00 a.m. and no later than 10:00 p.m.
c. Lighting. Outdoor lighting at the proposed facility must not spill over beyond the site's property lines and should be the minimum intensity necessary to adequately and safely light the facility and its parking lot and access drives.
d. Outdoor storage, sales and display. Except for town services, commercial nurseries and greenhouses, and agricultural uses, outdoor storage, sales, and display are prohibited.
e. Parking. Any non-residential use in a residential zoning district will follow the parking requirements of section 30-156. Parking for any special event, class or other such gathering that attracts more than the usual number of customers must be accommodated on site and must not spill over into the surrounding neighborhood unless otherwise permitted by the Town of Burrillville.
f. Signage. All signage for non-residential uses in residential zoning districts must comply with the standards for signs in residential zoning districts per section 30-157, sign regulations.
(2) Raising of animals subject to the premises being kept in a humane, sanitary manner; commercial nursery with retail outlet; commercial nursery, orchards, raising of crops for profit; a building or structure to be used for the display and sale of the products produced by the uses allowed herein on the land; the storage of equipment and materials used in and for the agricultural uses permitted in this section.
a. Setbacks.
1. No farm animals (livestock, horses, or poultry) are allowed to be housed or permitted to graze within 100 feet of any property line nor in any front yard.
2. No building or structure other than a dwelling or display and sales area, nor the storage of equipment and materials, is permitted within 75 feet of any property line nor in any front yard.
b. Waste. All animal waste should be properly stored and disposed of in a manner to maintain sanitary and nuisance-free conditions. Manure should be removed from the site or composted. Any compost piles must be located a minimum of 200 feet from a lot line and any areas where manure is stored or composted must be visually screened from dwellings on adjacent lots.
c. Sales for commercial agriculture. The sale of farm produce raised on the lot is permitted as an accessory use to any commercial agriculture use provided:
1. The indoor display and sales area is limited to one building or structure not to exceed 200 square feet in area. Additional display and sales areas are allowed outdoors.
2. Provision is made for at least two off-street parking spaces.
d. Sales for commercial nurseries. The sale of garden produce and nursery stock raised on the lot is permitted as an accessory use to any commercial nursery use, provided:
1. Provision is made for at least one parking space for every 1,000 square feet of indoor sales area.
e. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(3) Kennels, riding stables or academies.
a. Minimum lot area. A minimum lot area must be five acres for riding stables or academies and three acres for kennels, with the exception that kennels serving only domestic cats need only meet the minimum lot size required by the applicable zoning district on which they are located.
b. Setbacks. Open exercise areas and buildings containing animals must be a minimum of 100 feet from any property line, with the exception of the following:
1. Kennels serving only domestic cats need only meet the minimum setbacks required by the applicable zoning district on which they are located.
2. A building that is sufficiently soundproof so as not to create a nuisance to adjoining property owners or the general public, and that has no outdoor area for animals, may meet a 50-foot setback from any property line. Documentation of soundproofing must be provided with any application.
c. Outdoor exercise areas. Outdoor exercise areas must be enclosed by a fence at least five feet in height and such areas must always be maintained in a sanitary and odor-free condition.
d. Animal waste. All animal wastes must be properly stored and disposed of. Manure and other animal waste must be removed from the site or must be composted in enclosed bins, which must not be stored within 100 feet of a lot line. Areas where manure or other animal waste is stored or composted must be visually screened from dwellings on adjacent lots.
e. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(4) Mixed use building. See section 30-159 for additional criteria related to mixed use buildings.
(5) Multifamily dwelling.
a. Water and sewer service. Public sewer and water systems must be available and used and must be connected to the dwellings before a certificate of occupancy can be issued.
b. See section 30-204 for additional criteria related to multifamily dwellings.
(6) Congregate living facility or assisted living domicile, rest home or nursing home.
a. Minimum lot area per dwelling unit. The minimum respective lot area per dwelling unit is as follows:
1. Congregate living. 5,500 square feet per dwelling unit.
2. Assisted living. 3,000 square feet per dwelling unit.
3. Rest home or nursing home. 1,500 square feet per patient accommodation or bed or three acres, whichever is greater.
b. Setbacks. No building containing a dwelling unit or related facilities may be located within 75 feet of any property line or within 150 feet of any existing residential structure in an F-5, F-2 or R-40 zone, except in the case of areas of the site that contain individual, single unit dwellings when the setback may be reduced to the required setback for the underlying zone for this area of the site. This section does not supersede other, more restrictive requirements and standards of the zoning ordinance.
c. Minimum floor area. The minimum floor area for dwelling units is as follows:
1. Congregate living. 400 square feet per dwelling unit.
2. Assisted living. 300 square feet per dwelling unit.
d. Detached accessory structures. Detached accessory structures shall be separated from any other building by a minimum of ten feet.
e. Water/sewer service. Public sewer and water systems must be available and used and must be connected to systems before a certificate of occupancy can be issued.
f. Utilities. Utilities must be placed underground.
g. Signage. A comprehensive plan for directional signage shall be provided to assure that major pathways connect housing with on- and off-site activities such that visitors and residents can easily orient themselves.
h. Parking. Clearly demarcated and direct pedestrian routes should extend from any onsite parking areas and public frontage sidewalks to building entrances.
i. Emergency vehicles. Adequate space shall be provided for the ingress, egress, and parking for emergency vehicles, such that emergency personnel can easily and safely reach their patients.
(7) Inn or bed and breakfast.
a. Occupants. There must not be more than 16 occupants at any one time, including the property owner and any other permanent residents. In the R-12 zoning district, there must not be more than 12 occupants.
b. Exterior evidence. There is to be no exterior evidence of the activity other than a sign permitted per section 30-157 and the required parking per section 30-156.
c. Location of guest rooms. Guest rooms may be located in the principal building and/or up to one accessory building.
d. Length of stay. No guest may be registered for more than 21 consecutive nights.
e. Registration records. The owner is to maintain a guest register and retain registration records for a minimum of three years. The register and all records are to be made available for inspection by the zoning official or designee.
f. Parking. All required parking must be accommodated on site.
(8) Halfway house, residential treatment facility.
a. Minimum lot area. 20,000 square feet in the R-12 zoning district.
b. Residential density. The lot shall contain at least 1,500 square feet for each resident of the facility at full capacity.
c. Parking. Notwithstanding the provisions of section 30-156, the minimum number of off-street parking spaces provided is to be one space for each staff member plus one space for each of the three adult residents. Additional parking spaces may be required by the zoning board of review through the special use permit process based upon the nature of the specific facility.
d. Non-resident services. A facility may provide counseling services to non-residents as well as residents provided that the facility includes a separate waiting area and separate meeting room for such non-resident services. Parking for non-resident counseling services shall be provided in accordance with the requirements of section 30-156.
e. Room/apartment standards. Residents and their dependents must be housed in rooms and/or apartments. Each room or apartment must have its own kitchen facilities unless the residential counseling facility contains a common kitchen adequate to prepare and serve meals for all residents.
f. Staff. A staff member must be on-site at the residential facility at all times.
(9) Bathing beach; golf practice range or golf course (regulation 9 or 18 holes); swimming pool, commercial or municipal; other outdoor commercial recreation.
a. Setbacks. Proximity of any active recreation portion of the site to any residential structure existing at the time of application for a special use permit (other than a dwelling occupied or owned by the applicant) must not be less than 100 feet.
b. Motorized vehicles. No motorized vehicles may be used for competitive or exhibition purposes.
c. Buffer. A landscaped buffer area of 25 feet in width must be provided between these recreation uses and any abutting residential property.
d. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(10) Commercial picnicking area, overnight or family camping areas.
a. Minimum lot area. There shall be a minimum lot area of ten acres.
b. Setbacks. No building or campsite shall be located within 100 feet of any property line.
c. Large recreational vehicles. Campsites for recreational vehicles over 20 feet in length shall be grouped in an area separate from other campsites.
d. Campground roads. Campground roads shall have a minimum width of ten feet per travel lane and shall be readily traversable with a well-drained surface.
e. Roads for recreational vehicles. Roads to be used by recreational vehicles over 20 feet in length shall have a minimum internal radius of 60 feet.
f. Turnarounds. Turnarounds shall be provided for all dead-end roads over 100 feet in length and those to be used by recreational vehicles over 20 feet in length shall have a minimum internal radius of 60 feet.
g. Water and sewage; electrical systems; and fire safety. Water supply, sanitary conveniences and sewage facilities; electrical systems (if provided); and fire safety features shall be provided in accordance with the most recent Standards for Recreational Vehicle Parks and Campgrounds of the National Fire Protection Association.
h. Residence. Within the camping area, one dwelling unit may be permitted for the residence of the camping area owner or operator.
i. Retail sales. Within the camping area, the sale of camp supplies and a snack bar are permitted accessory uses provided they do not exceed a total of 500 square feet of floor area and they are used only by persons using the camping area.
j. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(11) Drive-in theater.
a. Minimum lot area. The minimum lot area must be five acres.
b. Setbacks. All structures and outdoor activities must be located a minimum of 100 feet from any property line.
c. Height. The maximum height of any structure must not exceed that allowed in the underlying zone, except where for each additional foot of setback from all property lines an additional foot of height may be achieved on a drive-in theater screen to a maximum of 50 feet.
d. Lighting. Outdoor lighting at the proposed theater, including any lighting from a projector or screen, may not spill over beyond the site's property lines and will be the minimum intensity necessary to adequately and safely light the event area, including any parking lots and access drives.
e. Access/egress. Provide enough off-street stacking of cars to accommodate peak traffic.
(12) Clubs, lodges, social and community center buildings provided that they are nonprofit organizations (subject to development plan review).
a. Minimum lot size. In the R-12 zoning district, the minimum lot size for a club, lodge, social or community center building is 15,000 square feet.
b. Accessory outdoor facilities. Outdoor facilities other than parking, such as, but not limited to, swimming pools, tennis courts, and putting greens are permitted as accessory uses, provided the minimum lot area is five acres. Such uses are subject to a landscaped buffer area of 25 feet in width between any abutting residential property.
c. Setbacks. In the F-5 and R-12 zoning districts, all buildings or outdoor facilities other than parking must not be located within 100 feet of any property line.
d. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(13) Day care center or nursery school.
a. Setbacks. No building may be located within 50 feet of any property lot line, except in non-residential districts, where the required setbacks of the respective zone apply.
b. Outdoor play space. A graded and suitably fenced play area, including a minimum of 75 square feet of play space for each child who would be using the play area at any one time, must be provided. The minimum required play area must be free of hazards and regulated wetland soils and provide a suitable play surface. Active play areas, defined as areas containing playground equipment, including but not limited to swings and other apparatus, must not exceed one percent in grade.
c. Buffers. A landscaped buffer area must be provided within all boundaries of a lot as follows:
1. Residential Districts: 25 feet.
2. Commercial Districts: 25 feet.
3. Industrial Districts: 50 feet.
The buffer area will be designed to mitigate impacts to and from adjacent uses, particularly in cases where facilities are located in commercial and industrial districts. This buffer requirement is typically applied to the portion of the site dedicated to child care use, including such items as play area(s). The play area or areas shall not be located within the designated buffer area.
d. Access. The applicant will accommodate all pedestrian and vehicular traffic to and on site and must provide an acceptable area for dropping off children on site.
e. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(14) Elementary or secondary school, junior college or university (subject to development plan review).
a. Lot coverage. Lot coverage must not exceed 15 percent of the lot area, except for colleges and universities which are subject to the standards of the underlying zoning district.
b. Circulation. Bus and other vehicular drop off areas should be separated from one another and designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.
c. Minimum lot area. There shall be a minimum lot area of five acres.
d. Building setbacks. In the F-5, F-2, R-40, R-20, and R-12 zoning districts, any building must not be located within 75 feet of any side or rear property line. In the VC and GC zoning districts, any building must not be located within 30 feet of any side or rear property line.
e. Active outdoor area setbacks. Any playground, field, outdoor classroom or other actively used outdoor space must not be located within 50 feet of any property line.
f. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(15) School conducted as a private gainful business for teaching such subjects as dancing, singing, music. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(16) Hospital and health clinic (subject to development plan review).
a. Lot area. There must be a minimum lot area of five acres for hospitals and 60,000 square feet for health clinics.
b. Emergency entrance. Public parking areas should be separated from the emergency entrance area.
c. Setbacks. Any building must not be located within 75 feet of any property line. Any generator or laundry facility must not be located within 100 feet of any property line.
d. Parking. All parking must be located in the side or rear yards.
(17) Telephone exchange or electric power substation, provided no business activity is connected therein.
a. Setbacks and screening. As stipulated below based on the size of the structure.
1. Small structures between two feet and eight feet in height.
i. No setbacks are required.
ii. Screening or landscaping around the structure is required.
2. Medium structures over eight feet in height and 1,500 square feet or less.
i. Must meet setbacks for underlying zoning district.
ii. Screening or landscaping around the structure is required.
iii. A curb cut and designated parking area should be provided if no on-street parking is available.
3. Larger facilities/buildings.
i. Provide a setback of 100 feet to the property line if the facility is in or adjacent to residential districts.
ii. Parking must be provided to adequately serve the intended use of the facility or building, as determined by the zoning official.
b. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(18) Telecommunications antennas and towers.
a. See section 30-207 for criteria related to telecommunications antennas and towers.
b. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(19) Principal solar energy systems. See section 30-211 for criteria related to principal solar energy systems.
(20) Energy storage facility.
a. Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
b. Signage. The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of an energy storage facility, and 24-hour emergency contact information, including reach-back phone number. Disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
c. Lighting. Shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
d. Vegetation and tree cutting. Areas within ten feet on each side of an energy storage facility shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
e. Fencing. An energy storage facility, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.
f. Screening and visibility. An energy storage facility shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfere with ventilation or exhaust ports.
(21) Indoor commercial recreation.
a. Accessory facilities. Indoor commercial recreation facilities in the LI and GI districts may include related accessory retail sale of items directly related to the principal use, so long as the floor space of these retail services does not exceed 20 percent of the total floor area of the building.
b. Co-location with industrial uses. Indoor commercial recreation facilities, when located in the LI or GI districts and in a building or complex that also includes industrial uses, are subject to the following conditions:
1. The applicant must accommodate all pedestrian and vehicular traffic to and on site and provide an acceptable area for dropping people off on site. To the extent possible, parking stalls dedicated to the public must be located to preclude pedestrian crossing of interior drives.
2. Clearly demarcated and direct pedestrian routes should extend from any public sidewalks to any sidewalks or pedestrian ways that front on-site buildings and along driveways.
(22) Drive-in restaurant.
a. Location on-site. Drive through facilities, including required stacking lanes, must be located in the rear or side yards only.
b. Curb-cuts. Drive-through facilities must not generate the need for an additional driveway curb cut.
c. Minimum lot size. 20,000 square feet.
d. Stacking spaces. A minimum of ten stacking spaces entering and one stacking space exiting must be provided for each drive through window, including the vehicle being serviced.
e. Size. Stacking lanes must be a minimum of ten feet wide and 20 feet long.
f. Circulation. Stacking lanes should be separate from internal aisles which allow traffic to circulate through the site without entering the drive-through facility.
g. Exiting space. Exiting stacking space must be separate from other circulation aisles and must be at least 50 feet from the curb line of the street to which they will exit.
h. Traffic/pedestrian circulation. Stacking lanes should be designed and located to minimize traffic congestion and to promote pedestrian safety using pavement markings, signs, and designated walkways.
(23) Mortuary or funeral home. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(24) Radio or television studio. See section 30-214(1), standards for non-residential uses in residential zoning districts.
(25) General automotive repair.
a. Vehicular access. Vehicular access into the building should be positioned so as not to be visible from the public way.
b. Repair activities. Limited repair activities must be conducted within the principal building.
c. Location. When located in a shopping center or co-located with a group of commercial structures on the same lot, the use should be located to the side or rear of these commercial buildings.
d. Storage. All materials must be stored within the building. Vehicles that are not actively under repair or vehicles that are used as a source for parts must not be stored on the site.
(26) Carwash.
a. Minimum lot size. For self-service type facilities: 25,000 square feet. For automatic facilities: 35,000 square feet.
b. Automobile access. Automobile access into the building should be positioned so as not to be visible from the public way.
c. Water recycling. Water should be recycled on site.
d. Stacking spaces. Adequate vehicle stacking space must be provided for all carwash facilities. For self-service facilities: minimum of three vehicles per bay at the entrance and one vehicle per bay at the exit. For automatic washing facilities: minimum of five vehicles per bay at the entrance and two vehicles per bay at the exit, or one vehicle per bay at the exit if the facility includes automatic drying and no additional manual services past the exit.
e. Water and sewer. Public water and sewers must be provided to the facility.
f. Building surfaces. Building surfaces should be faced with impact resistant materials such as brick or other masonry surfaces.
g. Vacuuming facilities. Vacuuming facilities may be outside the building but must not be located within the front yard and must meet setback requirements if adjacent to a residential district.
h. Storage. All storage must take place indoors, and any work materials such as racks, towels, etc. used outdoors during business hours must be moved indoors during non-business hours.
i. Waiting areas. All non-self-service facilities must have a safe waiting area for patrons, separated from the stacking lanes and work areas.
(27) Recreational trailer sales and service.
a. Inventory location. Inventory must not be located on any required parking area or in the public right-of-way.
b. Pedestrian access. Pedestrian access to outdoor display areas shall be clearly delineated and separated from any traffic flow or movements on the property either by permanent walls, barriers or vegetation; or removable barriers that can create a safe barrier between pedestrians and vehicles.
c. Storage. Storage shall be either on the side or rear of the building.
(28) Open storage of sand and gravel.
a. Buffer. A landscaped buffer area of 50 feet in width must be provided between such use and any abutting residential property.
b. Setbacks. Any open storage area must be located no less than 100 feet from any abutting residentially zoned property.
c. Road maintenance. All roads accessing and within the site shall be treated to minimize dust conditions.
(29) Sawmill.
a. Buffer. A landscaped buffer area of 50 feet in width must be provided between such use and any abutting residential property.
b. Setbacks. Any structure used for milling operations must be located no less than 100 feet from any abutting residentially zoned property.
(30) Storage of flammable material.
a. Fire safety. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment, as approved by the local fire marshal.
b. Federal standards. The applicant must demonstrate compliance with the standards for fire protection and prevention for flammable liquids and other materials per CFR § 1926, Safety and Health Regulations for Construction.
(31) The manufacture or compounding of hazardous materials as defined in G.L. 1956, § 23-19-1 et seq., and similar processes of manufacture and compounding; bus, truck and heavy equipment repair; laundry or dry cleaning plant.
a. Containment. Hazardous materials must be stored within an impermeable containment area which is capable of containing at least 110 percent of the volume of the largest container of hazardous material present in such an area or ten percent of the total volume of all such containers in such area, whichever is larger, without overflow of released hazardous material from the containment area. Containment measures may include dikes, sumps, doorway lips, or similar structures to inhibit the ability of spilled material to pass through the opening.
b. Floor drains. Floor drains are not allowed in areas where hazardous materials are sold, used, or stored unless the site design shows specific compliance with the following:
1. Floor drains must connect to the sanitary sewer system or to an on-site holding tank or tanks when the discharge contains petroleum-based oil, grease or other harmful or hazardous substances. Such tanks must have a 1,000-gallon minimum capacity and be installed in accordance with RCSA § 22a-449(d)-1.
2. Interceptors and separators must be provided when floor drains connect to the sanitary sewer system.
3. Floor drains must not be connected to a stream or other water body, storm sewer, storm drainage system or a storm building drain.
4. Floor drains must have trap seals.
5. Floor drains that only accept animal fecal waste and first discharge into a settling tank prior to release into an onsite wastewater treatment system may be allowed.
c. Loading/transfer areas. Any area that may be used for transfer of hazardous materials must be designed to prevent contaminated storm water runoff and ground water intrusion. Such loading docks (excluding those that allow a vehicle to enter the building) must be protected with a permanent roof or other structure that protects the loading dock from direct rainfall. Depressed loading docks or other sub-grade facilities must be designed to ensure that hazardous materials are properly collected and disposed of, using appropriate technology such as oil-water separators, subsurface tight tanks, or equivalent. Such tanks must have a 1,000-gallon minimum capacity and be installed in accordance with RCSA § 22a-449(d)-1.
d. Security. Hazardous materials must be stored in an area that is secured against unauthorized entry by the public.
e. Odor. No such use shall cause or permit the emission of any substance or combination of substances which creates or contributes to an odor, in the ambient air, that constitutes a nuisance, so as to significantly impair the reasonable use of any other property.
f. Air emissions. Air emissions shall be treated in a manner that prevents any nuisance or hazard to neighboring uses. Nuisance from emissions may include, but is not limited to, soiling of the ground or building surfaces, or damage or death of vegetation. Hazards from emissions may include, but are not limited to, particulates inhaled by people that may be harmful to their health.
g. Flammable and explosive materials. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire-fighting and fire-suppression devices and equipment, as approved by the local fire marshal.
h. Vibration. No vibration that is detectable without instruments at a lot line should be transmitted outside of the lot where it originates, except vibration necessarily involved in the construction or demolition of buildings and structures.
i. Heat. Heat, defined as thermal energy of a radiative, conductive or convective nature, emitted at the lot line by any use or facility shall not exceed the temperatures tolerable to plant or animal life.
j. Other requirements. Requirements for hazardous materials are intended to supplement and not to supersede any other applicable requirements of federal, state or local law.
(32) Mining, quarrying, gravel pits and loam stripping.
a. Drilling. All drilling must be done by the wet drilling method or by any other method of equivalent effectiveness for dust control.
b. Road maintenance. All roads accessing and within the site shall be treated to minimize dust conditions.
c. Grade. Mining and quarrying which will reduce the area below the grade of the lowest adjoining property or road is prohibited, except along the boundary line with a licensed adjoining mine or quarry, in which case, the grade of the area cannot be below the grade of the adjoining mine or quarry at the boundary line. No mining or quarrying shall be permitted which will endanger the lateral support of abutting properties or roads. A minimum leveled (or natural) buffer area of 50 feet shall be provided between any mine or quarry boundary line (except boundary lines between adjacent licensed mines or quarries) and the commencement of the slope.
d. Setbacks. No buildings, equipment, mining or quarry products or other materials shall be erected or stored within a distance of 50 feet of any mine or quarry boundary line.
e. Signs. Signs shall be maintained at all entrances or exits of the mined or quarried premises, indicating the name and address of the licensee and that the business being conducted is a licensed mine or quarry operation.
f. Dust control. Where conveyors discharge materials of less than one inch in diameter onto stockpiles of such material, and where the free and uncontained fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall exceed a distance of six feet, a high-pressure water mist spray must be directed on the material as it falls from the conveyor to the stockpile in such manner as to reduce the accumulation and dissemination of dust. All crushing and processing of mine and quarry materials shall be conducted by use of wet method of dust control or by local exhaust systems of equivalent effectiveness.
g. Landscape buffer. Whenever the licensed premises abuts a public street or road, a solid and continuous landscape buffer shall be planted and maintained.
h. Maintenance. The licensee shall be responsible for the prompt removal of any trash, unused machinery or vehicles or graffiti placed in the mine or quarry, and shall maintain the licensed premises at all times in a reasonably neat and orderly condition.
(33) Boat storage or repair.
a. Location of storage. Outdoor storage areas must be set back 100 feet from the front lot line, and 50 feet from all other property lines.
b. Screening. Outdoor storage areas shall be screened from any public roadway or any abutting residential use with a solid fence or wall that is six feet tall.
c. Repairs and maintenance. Any repair or routine maintenance must be conducted inside a building or under a structure.
(34) Compassion center; non-residential cooperative cultivation; primary caregiver cultivation. See section 30-162 for criteria related to medical marijuana uses.
(35) Cannabis retailer, hybrid cannabis retailer, cannabis cultivator, cannabis product manufacturer, and cannabis testing laboratory. See section 30-165 for criteria related to cannabis establishments.
(Ord. No. 12-13-2023(2))