Licensed cultivator

• A. Definitions.
  • 1. The following terms shall have the definitions as set forth in this code:

    Commercial day care;

    Educational institution;

    Halfway house;

    Higher education institution;

    Library;

    Municipal park/playground;

    Outdoor sports field;

    Substance abuse treatment facility;

    Trade or business school;

  • 2. The following terms shall have the definitions as set forth in R.I. Gen. Laws § 21-28.6-16 and attendant regulations:

    Licensed cultivator.

• B. Licensing. A licensed cultivator shall be licensed by the state of Rhode Island and shall be at all times in compliance with the laws of Rhode Island, regulations duly promulgated thereunder, and the provisions of this code.
• C. Proximity to Other Land Uses.
  • 1. No licensed cultivator shall be located within one thousand (1,000) feet from an educational institution.
  • 2. No Licensed Cultivator shall be located within five hundred (500) feet from the land uses listed below:
    • a. Commercial day care;
    • b. Halfway house;
    • c. Higher education institution;
    • d. Library;
    • e. Municipal park/playground;
    • f. Outdoor sports field;
    • g. Substance abuse treatment facility;
    • h. Trade or business school.
  • 3. No licensed cultivator shall be located within four hundred (400) feet from a residential zoning district or a property with a residential use in a MPD mixed use planned district as defined in Chapter 17.100 of this code.
  • 4. Distances shall be calculated by direct measurement from the nearest property line of the land uses listed above to the nearest portion of the building being used for a licensed cultivator. Distances shall be verified by the applicant and confirmed by the inspector of buildings.
• D. Restrictions.
  • 1. A license cultivator shall be prohibited within any zoning district other than M-1 restricted industry and M-2 general industry zoning districts.
  • 2. No activities associated with a licensed cultivator shall be permitted as a home business or accessory use.
  • 3. Licensed cultivator production shall only be located within a building.
  • 4. No licensed cultivator production or processing shall be visible to the public nor shall it be visible through windows. A screened and secured loading area shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of odors.
  • 5. Licensed cultivator building openings, entries and windows shall be screened so as to prevent visual access to the interior of a building. No exterior signage or display of product or service shall be allowed.
  • 6. Licensed cultivator waste shall be stored in secured waste receptacles in the possession of and under the control of the license cultivator or other person responsible for the site. License cultivator waste shall be managed in accordance with applicable state laws, including but not limited to rules promulgated by the Rhode Island Departments of Health, Business Regulation, and Environmental Management in effect and as amended from time to time hereinafter.
  • 7. A licensed cultivator shall provide adequate security on the premises which meets the minimum-security requirements according to rules and regulations promulgated by the Rhode Island Department of Business Regulation, Rhode Island State Police, or other state agency in effect and as amended from time to time hereinafter.
  • 8. No equipment or process shall be used by a licensed cultivator that creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary. The building shall be equipped with an effective odor control system which shall at all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
  • 9. Light cast by light fixtures (i.e., artificial lighting) inside any structure or building used by a licensed cultivator shall not be visible from outside. Light cast by exterior light fixtures (e.g., security lights, driveway lights) shall be downcast, shielded and hooded, and not spill onto adjacent lots.
  • 10. Storage and disposal of manufacturing waste, fertilizers, pesticides, herbicides, and any other hazardous chemical associated with the activities of a licensed cultivator shall comply with all local, state, and federal laws. An application for review of any use by a licensed cultivator shall include a floor plan showing the location of the storage of such chemicals and shall be subject to review and approval by the local fire marshall.
  • 11. An annual inspection of licensed cultivator may be conducted by the inspector of buildings and any other municipal regulatory agency with jurisdiction.
• E. Annual reporting. An annual report may be required by the inspector of buildings which includes a fully executed consent to inspect premises form and documentation demonstrating compliance with the following:
  • 1. Land use decisions and permits;
  • 2. Fire, health, safety, waste water, and building codes and laws; and
  • 3. State of Rhode Island licensing requirements.

(Ord. 2017-5, § 1, 2/27/2017)