Retail sales of marijuana
(a) Purpose. It is the purpose and intent of this section to regulate the retail sale of marijuana as allowed by Rhode Island General Laws.
(b) Marijuana/cannabis-related uses.
(1) The zoning board of review may grant a special use permit for the provision of a retail cannabis or marijuana sales facility in the IA—Limited Industrial Zone and IB—General Industrial Zone subject to the following minimal standards:
a. The application for a special use permit shall provide the legal name and address of the retail facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan submitted and approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island General Laws.
b. The marijuana retail facility must not be located within:
1. Five hundred feet from the property line of an existing public or private school, (not including higher education facilities), pre-school, or any licensed day-care center, house of worship, park, (as defined in Section 66-128 of the Town Code) playfields and playgrounds (as identified in the 2017 Town Comprehensive Plan Baseline Report—Maps 18, 19 & 20 and Table 50).
2. Two thousand feet from any other marijuana retail facility.
c. The distances specified in the immediately preceding section b. shall be measured by a straight line from the nearest property line of the premises on which the proposed marijuana retail facility is to be located to the nearest property line of any of the other designated uses set forth therein.
1. Setbacks for lots adjacent to residential zones or existing non-conforming development—100 foot setback, 50 feet of which shall be planted with a combination of vegetation to create an evergreen buffer.
2. Setbacks for lots adjacent to other industrial zones, commercial zones or public zones—Unless the zoning board of review authorizes otherwise, all areas associated with a cannabis retail facility not used for structures or off-street parking and loading sidewalks or similar purposes which are not kept in their natural state shall be landscaped with grass, shrubs, trees and other ground cover so as to minimize erosion and stormwater runoff. Landscaped buffer areas at least ten feet wide shall be provided along all property lines where the cannabis facility abuts a residential zone or use.
d. Lot width: 200 foot minimum.
e. Lot area: One acre minimum.
f. Parking: Five and one-half spaces for every 1,000 square feet of net leasable area. In instances where the applicant cannot meet the parking requirement, the provisions of section 7.17 shall apply.
g. Hours of operation for a marijuana retail facility or marijuana cultivation facility shall be limited to 10:00 a.m. to 5:00 p.m. Delivery of product to consumers is prohibited.
h. The proposed facilities shall submit proof of appropriate security measures in compliance with any and all state regulations to deter and prevent the unauthorized entrance into areas containing marijuana and shall ensure that each location has an operational security/alarm system.
i. Site plan review and approval shall be required prior to application for the special use permit by the planning board under the provisions of set forth in section 18 of the zoning ordinance. In addition, the planning board shall ensure compliance with the following conditions:
1. 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.
2. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
3. Lighting is provided to illuminate the marijuana retail facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk, while providing adequate visual shielding for adjacent properties.
j. All marijuana retail facilities shall fully comply with all other licensing requirements of the town and the laws of the State of Rhode Island. This may require additional permitting for construction or renovations to comply with fire and life safety inspections prior to opening.
(Ch. 1110, § 3, 8-21-2023)
Editor's note— Ch. 1110, § 3, adopted August 21, 2023, added provisions intended as § 7.21. In order to avoid duplication of numbering, and at the direction of the town, these provisions have been added as set out herein.