Development standards for certain uses
The uses in this section are allowed subject to the standards and conditions specified in addition to those specified elsewhere in this chapter. An applicant should demonstrate compliance with the development standards associated with a use requiring a special use permit and should also meet the requirements of section 21-15. Where allowed, an applicant may request a waiver of a particular standard or condition of a development standard by an application to the zoning board of review for a special use permit. The development standards and conditions are as follows:
(1) Drive-in windows. Development standards for drive-in windows shall be as follows:
a. Vehicular entrances and exits shall be controlled by curbing.
b. There shall be adequate off-street parking and loading spaces to serve the proposed use. There must be sufficient on-site stacking areas to accommodate at least ten queued vehicles for a drive-in/drive-through lane and at least three queued vehicle(s) exiting the site. If two or more drive-in/drive through lanes are proposed for a single use on a property, there must be sufficient on-site stacking areas to accommodate at least five queued vehicle(s) for each drive-in/drive-through lane per drive-in/drive through lane and at least four queued vehicles exiting the site regardless of the number of drive-in/drive through lanes.
c. Any accessory drive-in/drive-through lane shall be properly located within the parking and circulation plan to avoid any effect on off-site vehicular or pedestrian traffic, and in no case shall a drive-in/drive-through window be located on any building façade which faces a public street.
d. For a freestanding, single-use building proposed with a drive-in/drive through lane the minimum lot area shall be no less than 40,000 square feet in the neighborhood business, general business, heavy business or planned business zoning districts.
(2) Hotel or motel. Development standards for a hotel or motel shall be as follows:
a. Minimum lot area exclusively utilized for this use shall be two acres of land suitable for development.
b. Hotel or motel use is permitted as an accessory use to a water-dependent use.
c. The maximum number of guest units per buildable acre shall be one rooming unit per 3,000 square feet of land suitable for development. This limitation shall not apply to a hotel or motel which is connected to and utilizes the sewage treatment plant of the QBP.
d. Where an application increases public access to the water at least 30 percent the length of the bulkhead, an increase of 25 percent of the number of guestrooms is permitted, subject to meeting all of the requirements of this chapter.
(3) Institutions for higher learning. Development standards for institutions for higher learning, including colleges, universities, junior colleges, technical schools, along with accompanying service and administrative buildings, dormitories and customary indoor and outdoor recreation facilities such as playfields, gymnasiums and stadiums, shall be as follows:
a. The minimum lot area shall be ten acres of contiguous land suitable for development. This minimum shall not apply to educational institutions where buildings are used for classrooms with no accompanying services or uses.
b. Any associated recreational facility and/or dormitory shall be operated primarily as an adjunct to some educational, cultural, social or athletic activity of such institution of higher learning and not leased or otherwise operated primarily for the purpose of gain or profit.
c. No building, parking or loading area or recreational facility shall be nearer than 200 feet to any residential use.
d. There shall be no outdoor public address or music system, except for those customarily associated with a stadium, provided that such stadium is located at least 500 feet from any residential property line.
(4) Marinas. Development standards for marinas shall be as follows:
a. The sale of fuel and or bottled gas on a marina site must conform with the following conditions: Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high water line. However, gasoline pumps may be located conveniently to serve boats, provided that precautions are taken to prevent spillage in the waters of the town. The vessel containing the fuel or gas must comply with Federal Emergency Management Agency flood hazard regulations and the National Fire Protection Association regulations.
b. Pumpout facilities for boats shall be provided.
c. There shall be provisions made for the collection and disposal of boat-generated solid wastes.
(5) Hospitals, nursing and convalescent homes. Standards for hospitals, nursing and convalescent homes shall be as follows:
a. The site shall contain no less than ten acres of land suitable for development.
b. The project shall have received a certificate of need from the state department of health.
c. The maximum density shall be based on a minimum of 10,000 square feet of suitable land area per bed.
d. Access to the development site shall be from either an arterial or collector road and shall not exceed 1,000 feet without a second means of ingress and egress for emergency vehicles. This second access may enter onto any class road and shall be reserved for emergency vehicle use by means of a suitable barrier in accordance with the standards of the fire department.
e. In lieu of the required minimum side yard and rear yard setbacks in a residential district, a minimum 150-foot transitional yard setback shall be provided along the side and rear property lines. At least 75 feet of this area shall be planted and maintained to provide a yearround visual screening of the development from abutting and adjacent land uses.
(6) Day care and nursery school. For a day care and nursery school, the site shall contain no less than one acre of land suitable for development.
(7) Accessory dwelling units.
a. Conditions and requirements applicable to all accessory dwelling units.
1. An accessory dwelling unit shall not be permitted on the same lot on which exists a rooming house or boarding house, preexisting accessory dwelling unit, two-family dwelling, multi-family dwelling, mobile home park, or hotel or motel.
2. No more than one accessory dwelling unit shall be permitted on a lot unless otherwise expressly permitted by this chapter.
3. The accessory dwelling unit shall not contain more than two bedrooms.
4. At least one additional off-street parking space shall be provided on the lot for the accessory dwelling unit.
i. Each parking space and the driveway leading thereto shall be paved or shall have an all-weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in the parking spaces.
ii. There shall be no more than two outdoor parking spaces on the lot for the new accessory dwelling unit.
5. Prior to issuance of a building permit for an accessory dwelling unit proposed in a business district within the groundwater overlay zone, development plan review must be approved by the planning commission. The planning commission shall find that the proposed mixture of residential and business activities will not result in conditions which are unhealthy or harmful to the community welfare.
6. An accessory dwelling unit and the principal dwelling unit shall be in the same ownership with a deed restriction recorded in the land evidence records, as appropriate, with documentation of the recording provided to the building official, prior to the issuance of a certificate of occupancy for the accessory dwelling unit.
7. The owner(s) of the property in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their residence.
8. The appearance of the principal structure must remain that of a single-family residence.
i. All stairways to second or third stories shall be enclosed within the exterior walls of the dwelling.
ii. Any new entrance shall be located on the side or in the rear of the dwelling.
iii. Where two or more entrances already exist on the front façade of a dwelling, modifications made to any of the entrances shall result in one entrance appearing to be the principal entrance and other entrances appearing to be secondary.
9. The lot that the accessory dwelling unit is located on shall contain not less than the minimum lot size required for the principal dwelling per article IV, in a conservation development section 21-216, in a cluster development section 21-221, or in a residential compound development section 21-429(b)(2).
10. The maximum gross floor area for an accessory dwelling unit shall not exceed 40 percent of the gross floor area of the principal dwelling, excluding areas of the structure used for parking or 1,000 sq. ft., whichever is the lesser amount.
11. The application for a special use permit shall be accompanied by a site plan containing:
i. Floor plans, drawn to scale, of the accessory dwelling to be created and the structure where it is to be located.
ii. Where exterior changes are proposed, an elevation, or other visual representations of the façade to be changed sufficient to show the architectural character of the dwelling.
iii. An off-street parking plan.
b. Where an accessory dwelling unit in an owner occupied, single-family residence is to be constructed for a family member(s) with disabilities, RIGL 45-24-37(e) and (f) shall apply.
(8) Commercial establishments for coin-operated mechanical amusement devices. Standards for commercial establishments whose principal purpose is the furnishing for use and for a profit coin-operated mechanical amusement devices, as defined in chapter 9, shall be permitted, provided it is established to the satisfaction of the zoning board and the zoning board finds that:
a. The existence of such an establishment will not create a traffic and/or parking problem;
b. The existence of such an establishment will not create a nuisance to surrounding property owners;
c. Adequate precautions will be taken by the establishment to prevent disorderly conduct as defined by section 12-6 on the establishment premises or in the immediate area of the establishment premises; and
d. The granting of such a special use permit is in accordance with the general purpose and intent of this chapter and in accordance with the general and special rules as set forth in subsection 21-6(2).
(9) Churches, synagogues and temples. Access to the site shall be directly from either an arterial or collector road.
(10) Noncommercial clubs and fraternities. Access to the site shall be directly from either an arterial or collector road.
(11) Animal hospitals. Development standards for animal hospitals shall be as follows:
a. There shall be a 100-foot setback from the side and rear lot lines.
b. There shall be no outside boarding.
(12) Travel trailer parks. Development standards for travel trailer parks shall be as follows:
a. The site shall contain no less than ten acres of land suitable for development.
b. Each trailer lot site shall be provided with suitable connections to a potable water supply system, sewage disposal system and electrical distribution system. Wherever possible, these facilities shall be connected to the appropriate public facilities.
c. In lieu of the required minimum side and rear yard setbacks in the district, a minimum 100-foot transitional yard setback shall be provided along the rear and side property lines. At least 50 feet of this area shall be appropriately landscaped to screen the use from adjoining and abutting uses.
(13) Bed and breakfast. A bed and breakfast may be conducted in any single-family residential dwelling by the owner-occupant, provided the following conditions are met:
a. Breakfast shall be the only common meal provided.
b. There shall be not more than three bedrooms or more than five persons.
c. There shall be no exterior evidence of the activity other than a sign permitted pursuant to article X of this chapter.
d. There shall be sufficient off-street parking spaces conforming to article XI of this chapter or no less than one per rented bedroom in addition to that required of the dwelling.
e. The bed and breakfast use shall be clearly subordinate to the principal use of a single-family dwelling.
f. No dwelling unit shall be used as a bed and breakfast unless a permit has been issued by the building official. Such permits shall be valid for a period of one year and shall be issued only after the building official has certified that the residence meets all the requirements of this chapter and any conditions set out by the zoning board of review.
g. The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes.
h. No guest may be registered for more than 21 consecutive nights. The owner shall maintain a guest register and shall reserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the building official or designee.
(14) Mobile home parks. Development standards for mobile home parks shall be as follows:
a. There shall be a minimum of ten acres of land suitable for development.
b. Along all exterior property lines of a mobile home park, a landscaped buffer strip shall be maintained. Such buffer strip shall be no less than 100 feet wide and planted and maintained in order to provide yearround visual obstruction of the mobile home lots from abutting land and streets. Such buffer strip may be used for recreation of a nonintensive character; provided, however, that no structure is located thereon.
c. The minimum mobile dwelling unit lot size for a mobile dwelling unit lot located within a mobile home park shall be 6,000 square feet.
d. The minimum dimensional standards for mobile home parks are as follows:
1. All mobile dwelling units located within a mobile home park subsequent to the adoption of this subsection shall conform to the following:
i. Minimum internal roadway exclusive of parking lanes which may be located thereon: 18 feet.
ii. Minimum spacing from another mobile dwelling unit or structure:
Side to side: ten feet
End to side: eight feet
End to end: six feet
2. No additional mobile dwelling unit lots shall be located in a preexisting nonconforming mobile home park unless the additional mobile dwelling unit lots conform to all of the development standards for mobile home parks.
3. The replacement of a mobile dwelling unit or replacement of a mobile home dwelling unit on a licensed unoccupied mobile home dwelling unit lot within a mobile home park shall be allowed only where the minimum dimensional standards of this subsection (14)d can be met.
(15) Telecommunications towers. Development standards for telecommunications towers shall be as follows:
a. Telecommunications towers shall be prohibited in any historic district and in or within 500 feet of any scenic overlay district except by a use variance from the zoning board of review. A certificate of approval from the historic district commission is required for locations within a historic district. Impact mitigation is required for locations in or within 500 feet of a scenic overlay district.
b. Applications for a use variance or a special use permit shall be accompanied by evidence that the proposed tower cannot be located in a permitted district. Such evidence shall consist of the following information for a minimum of three potential sites:
1. Site plans;
2. Photographs of the site and surrounding areas; and
3. Written documentation of the lack of a site in a permitted district.
c. The following standards shall apply to all applications:
1. A reasonable effort shall be made to utilize existing structures for telecommunications antennas. If an existing structure is not utilized, evidence as to why not shall be submitted.
2. Town-owned sites which are located in the prospective development area and which could potentially accommodate the proposed antennas and communications towers shall be identified.
3. Communications towers shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts a residential district or historic district, the setback distance shall be 1.5 feet for each one foot of tower height. All guy wires and guyed towers shall be clearly marked so as to be visible at all times, and all guy wires shall be set back from all property boundaries the minimum of the zoning district in which they are located.
4. All communications tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from all property boundaries the minimum of the zoning district in which the communications tower is located, but no less than 25 feet. When located in or abutting a residential district or historic overlay district, the minimum distance shall be 35 feet. Supports and/or peripheral anchors shall not encroach upon the minimum landscaped screening requirement. All supports and anchors shall have at a minimum a ten-foot horizontal setback from any overhead utility line.
5. Communication equipment buildings and structures shall be considered accessory uses and shall comply with the following setbacks:
i. One hundred square feet or less shall be set back from all property boundaries a minimum of 15 feet, unless located within or abutting a residential district or historic overlay district which shall require a minimum of 25 feet.
ii. Greater than 100 square feet shall be set back from all property boundaries a minimum of 25 feet, unless located within or abutting a residential district or historic overlay district which shall require a minimum of 35 feet.
6. Communications towers shall be constructed and situated in such a manner as to fit in with the topography and features of the surrounding environment. Towers shall be completely screened from all adjacent properties and streets and appropriately camouflaged if required. Plantings shall be of such a height and density to ensure complete screening. Screening shall consist of plant and/or tree material accepted by the town's subdivision regulations or as accepted by the director of planning and development. Screening shall comprise ten percent 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 overlay district which will require that it not be less than ten feet in width. Screenings may be waived by the zoning board of review on those sides or sections which are adjacent to undevelopable lands or lands not in public view. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.
7. Communications towers shall be enclosed by a fence no less than eight feet in height or no more than ten feet in height from finished grade. Access shall be through a locked gate. Communications towers in or abutting a residential district or historic overlay district shall have fencing comprised of wood or stone.
8. Communications towers shall not be artificially lighted except as required for public safety purposes by the Federal Aviation Administration (FAA) or by the town.
9. No signs shall be allowed on any communications tower except as required for public safety purposes by the Federal Communications Commission (FCC) or by the town.
10. Communication antennas not attached to a communications tower shall be permitted as an accessory use to any commercial, industrial, office, institutional, multifamily or public utility structure, provided that:
i. The antennas are not higher than 20 feet above the highest point of the structure;
ii. The antennas comply with applicable Federal Communications Commission and Federal Aviation Administration regulations; and
iii. The antennas comply with all applicable zoning requirements and building codes.
11. Communications towers shall be located so as to comply with the following standards for the minimum separation distance from existing communications towers and/or communications towers that have received a valid special use permit, use permit or building permit:
MINIMUM SEPARATION BETWEEN TOWERS (BY TOWER TYPE)
| Proposed Tower Types |
Self-
Supporting |
Guyed | Monopole, 75 Feet in Height or Greater | Monopole, Less than 75 Feet in Height |
| Self-supporting | 3 miles | 3 miles | 1.5 miles | 2,500 feet |
| Guyed | 3 miles | 3 miles | 1.5 miles | 2,500 feet |
| Monopole 75 feet in height or greater | 1.5 miles | 1.5 miles | 1.5 miles | 2,500 feet |
| Monopole less than 75 feet in height | 2,500 feet | 2,500 feet | 2,500 feet | 2,500 feet |
i. Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.
ii. Separation distances shall be measured from the global positioning system location of the existing, approved or proposed communications tower. A certified survey showing the global positioning system location of the proposed communications tower shall be submitted with any application for a special use permit, use permit or building permit to demonstrate conformance with setback requirements.
(16) Adaptive apartment units. The intent of adaptive apartment unit provisions is to provide opportunities for currently unpermitted apartment units to be brought into compliance, and gain affordable housing. As a subsidy to facilitate that end, local fees for the inspection and monitoring as it relates to the affordable component of these properties identified under these provisions will be waived, and to the extent allowable by law any negative effect entailed by the deed restriction involved will be reflected in the property tax assessment. This provision does not waive any building permit or other associated town fees.
a. A dwelling unit that does not qualify as a lawful nonconforming use or structure may be granted a special use permit for occupancy as an adaptive apartment unit if in compliance with all of the following.
b. The unit has been documented to have existed on January 1, 2014.
c. The maximum gross floor area for an accessory dwelling unit shall not exceed 40 percent of the gross floor area of the principal dwelling, excluding areas of the structure used for parking or 1,000 sq. ft., whichever is the lesser amount.
d. The unit must meet all requirements of RIGL 23-27.3, the state building code; of RIGL 45-24.3, the housing maintenance and occupancy code; and of all applicable fire codes prior to issuance of a certificate of use and occupancy.
e. The unit must be made subject to a land lease and/or deed restriction which assures for at least 99 years that:
1. The units shall be affordable to households having an income of no more than 80 percent of the area median income (AMI), as specified in RIGL 42-128-8.1(d)-1;
2. Occupant households or individuals shall have incomes not exceeding that same level;
3. The units shall be offered through a marketing, tenant selection and monitoring plan that meets local preferences and state and federal fair housing requirements.
4. The 99-year deed restriction shall reset and begin as a new 99-year deed restriction at the time of the sale of the unit or property.
f. One parking space per adaptive apartment unit must be provided unless, in acting upon the special use permit, the zoning board of review determines that a lesser requirement will serve all needs owing to the nature of the occupancy.
g. Not more than two such unpermitted units on any one lot may qualify for lawful occupancy through a special permit granted pursuant to these provisions.
(17)—(20) Reserved.
(21) Farmers' markets. Development standards for farmers' markets shall be as follows:
a. Produce, plants, animal products and other products sold at the market must be sold by the producer or by their authorized agent. Wholesale vendors who purchase products from other producers are prohibited. Any products not from the state must be labeled as such.
b. Vendors must adhere to all state laws regarding sales of produce and/or food.
c. Proof of insurance may be required of the organization requesting to hold a farmers' market.
d. Only demonstrations featuring growing and agricultural related products are allowed.
e. The use shall not adversely impact neighboring properties. Review may include factors such as the hours of operation, traffic and noise.
f. A maintenance plan may be required that provides for preservation of landscaping and cleanup and litter removal. The organization requesting to hold a farmers' market will be responsible for maintenance, clean-up and litter and trash removal.
g. Adequate off street parking must be available and a traffic control plan may be required that provides for the orderly flow of pedestrian and vehicular traffic.
h. No registered farms located within the town shall be excluded from participating in any farmers' market located on public property.
(22) Outdoor sales, display and/or storage with standards to include the following:
a. No activity shall be permitted in the public right-of-way.
b. No activity shall obstruct building exits, fire lanes, or handicap parking spaces.
c. No activity shall obstruct pedestrian flow through the site or from abutting properties.
d. "Open storage" shall comply with section 21-279(d)(13)b.
e. Pedestrian access to outdoor display and sales 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 are capable of creating a safe barrier between pedestrians and vehicles.
f. Total of outside sales, storage and display not to exceed 25 percent of total building retail area accessible to the public including vestibules, entrances, exits, and permanent approved structures attached to the main building and in no event shall it exceed 20,000 square feet.
g. All outdoor storage areas shall be adequately buffered from the front and side property lines.
h. Any and all storage shall be either on the side or rear of the building except in the Post Road zone. In the Post Road zone, outdoor storage shall only be allowed at the rear of the structure.
i. Outdoor sales and display shall only be allowed within an envelope around the building defined by a perimeter which is one-half the distance between the building and the property line. Additionally, in a Post Road zone, no outdoor sales or display shall be allowed in front of any building or in any area which is an extension of the front line of the building extending to the property line.
j. Outdoor sales and display shall not exceed 15 percent of the total retail floor area for that use or business including vestibules, entrances, exits, permanent approved structures attached to the main building and all areas accessible to the general public.
k. Outdoor storage shall not exceed 15 percent of the total retail floor area for that use or business including vestibules, entrances, exits, permanent approved structures attached to the main building and all areas accessible to the general public.
l. Outdoor storage or display shall not encroach on to any building set-back as such set-backs are defined in article IV.
m. If all of the development standards can be met, then outdoor sales, display, and/or outdoor storage will be allowed by right on the property. Any exceptions to these development standards will require the issuance of a special use permit, if allowed in the land use table.
n. This subsection 21-325(22) shall not apply to accessory vehicle storage adjacent to motor vehicle dealership.
(23) The raising of chickens (Gallus domesticus) shall have the following requirements:
a. The owner of any dwelling in a residential zone may keep a maximum of six chickens per acre, with a maximum of 12, provided that:
1. No person shall keep any rooster on lots without the issuance of a special use permit;
2. All chickens must be provided with both a hen house (coop) and a fenced outdoor enclosure, subject to the following provisions:
i. The hen house must be covered, predator resistant, and well-ventilated;
ii. The hen house must provide a minimum of two square feet for each bird;
iii. The hen house must be kept clean, dry, and sanitary at all times; manure must be composted in enclosed bins;
iv. The hen house must be located at a minimum of 20 feet from any dwelling;
v. The hen house and the fenced outdoor enclosure shall be within the accessory structure setback;
vi. Manure shall not be stored or composted within 50 feet of a lot line, within 100 feet of a well, or within 200 feet of a wetland or stormwater drainage feature. Areas where manure is stored or composted shall be visually screened from dwellings on adjacent lots.
3. No chickens may be kept or raised within the dwelling;
4. No chickens may be harvested in plain view of abutting residential structures;
5. The raising of chickens shall be restricted to back yards or side yards;
6. All feed must be stored, secured and covered in a predator resistant container or area;
7. All poultry are subject to the nuisance provisions set forth in sections 8-11 and 8-12 of the North Kingstown Code of Ordinances;
8. If all of these development standards can be met, then the allowance of raising chickens will be allowed by right on the property. Any exceptions to these development standards will require the issuance of a special use permit, if allowed in the land use table.
9. Nothing herein shall be construed to prohibit any legal use existing at the time of the adoption of this amendment.
(24) Medical marijuana cultivation center, adult-use/recreational marijuana/hybrid cultivation center, cannabis product manufacturer.
a. The use of butane, propane, or other compressed flammable gases used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
b. The location of the facility shall meet the requirements of the Rhode Island General Laws and regulations. The cultivation center shall not be located within 1,000 feet of any property line of an existing public or private school, preschool, or licensed day-care center.
c. Any structure that is used for cultivation or manufacturing of marijuana and cannabis products shall not be located within 400 feet of an existing residential structure.
d. Lighting shall adequately illuminate the cultivation center or manufacturing facility, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the center's front façade, and any adjoining public sidewalk or walkway.
e. The proposed cultivation center or manufacturing facility 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 center. Security shall meet the requirements of the Rhode Island General Laws and regulations. Proof shall be submitted to the planning department at application.
f. Marijuana and cannabis cultivation and manufacturing facilities shall comply with the parking and loading requirements of the North Kingstown Zoning Ordinance.
g. The application for a special use permit shall provide the legal name and address of the 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 a vicinity map which shall identify the distances between the proposed facility and: (1) the nearest edge of abutting zoning districts, and (2) the nearest edge of abutting structures. The application shall include a copy of the licensing application submitted pursuant to the State of Rhode Island rules and regulations. If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.
h. The applicant shall provide confirmation that the fire chief, police chief, and building official have received notice of intent to operate a cultivation center or manufacturing facility at the subject property.
i. Development plan review and approval shall be required prior to application for the special use permit, conducted by the planning commission. The planning commission shall ensure the following:
1. The North Kingstown Technical Review Committee reviewed the application. Written comments shall be supplied by the planning department, water department, fire department, police department, engineering/DPW department, and building inspector.
2. The development plan shall meet the requirements of article XI, development plan.
3. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood/commercial area and meet any design standards or guidelines where applicable.
4. Lighting is provided to illuminate the marijuana retail facility or marijuana cultivation facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.
5. Development plan review applications for all marijuana cultivation facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by appropriate town departments prior to issuance of the development plan approval.
6. All marijuana and cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.
(25) Nonresidential cooperative cultivation.
a. The use of butane, propane, or other compressed flammable gases used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
b. The location of the nonresidential cooperative shall not be located within 1,000 feet of any property line of an existing public or private school preschool, or licensed day-care center.
c. Any structure that is used for nonresidential cooperative cultivation of marijuana shall not be located within 400 feet of an existing residential structure.
d. Lighting shall adequately illuminate the nonresidential cooperative cultivation center, its immediate surrounding area, any accessory uses, including storage areas, the parking lots, the nonresidential cooperative's front façade, and any adjoining public sidewalk or walkway.
e. The proposed nonresidential cooperative cultivation center 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 center. Security shall meet the requirements of the Rhode Island General Laws and regulations. Proof shall be submitted to the planning department at application.
f. Nonresidential cooperative cultivation shall comply with the parking and loading requirements of the North Kingstown Zoning Ordinance.
g. If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.
(26) Accessory vehicle storage adjacent to motor vehicle dealership shall be permitted on property adjacent to a property situated in another municipality that is used primarily for the sale of motor vehicles subject to the following standards:
a. Any accessory vehicle storage adjacent to motor vehicle dealership shall comply with the landscaping standards of section 21-277(5)a., b. and c., but shall not be required to comply with subsection d.
b. Any lighting on the property shall utilize fixtures that are shielded in a manner to prevent light from being broadcast above the horizontal plane of the fixture and light pole height shall be kept as low as practical for purposes of safety and security.
c. Any surface coverage on a property with an accessory vehicle storage adjacent to motor vehicle dealership use shall include surface coverage materials that minimize impervious surfaces.
d. No building shall be permitted to be constructed on a property with an accessory vehicle storage adjacent to motor vehicle dealership use.
e. No signage, advertisement or vehicle display areas for public display shall be installed on a property with an accessory vehicle storage adjacent to motor vehicle use.
f. If all of the development standards set forth in this subsection 21-325(26) are satisfied (which may be evidenced by development plan approval) accessory vehicle storage adjacent to motor vehicle dealership will be allowed by right pursuant to the land use table. Any exceptions to these development standards will require the issuance of a special use permit.
(27) Farm wineries, breweries, and distilleries:
a. Accessory use: The accessory uses established by this section refers to an accessory use to the principal farm use, and their existence shall not be considered establishment of a legal nonconforming principal use. Failure to clearly demonstrate compliance with the development standards below shall result in the denial of an application. Failure of uses permitted under this section to maintain compliance with these conditions shall constitute a zoning violation. All construction associated with a farm promotion accessory use shall be subject to applicable building code and permitting requirements.
b. Retail space. Except for farmer markets, no more than 1,000 square feet of space, whether in a building or outdoors, shall be devoted to any retail use.
c. Signage. One ground mounted sign shall be allowed for identification purposes which shall not exceed 15 square feet and shall not exceed five feet in height and shall meet the signage requirements of article X: signage with regard to setback requirements. All lighting for these signs shall be external indirect lighting only.
d. Parking. Adequate off-street parking shall be provided in accordance with section 21-272: parking schedule, except that, instead of using paved surfaces for parking and driveways, the use of pervious materials including, but not limited to turf, crushed shells, stone, lattice finishes are strongly encouraged. Where pavement or other impervious surfaces are proposed, treatment of stormwater runoff from these surfaces shall meet the town stormwater requirements.
e. Lighting. Any outdoor lighting shall be cut off fixture designs and shall be controlled so that the source of the light is not visible from any adjoining property line. Lighting fixtures shall be directed away from property lines to avoid light trespass and glare onto adjacent properties. All lighting practices shall be compliant with the International Dark Sky Association. Interior lighting of greenhouses in exempt from this requirement.
f. Setback. Accessory agricultural buildings shall conform to the dimensional requirements of the underlying district and shall be located behind any primary residential structure or other primary agricultural building, with the exception of farm stands. Where there are noise concerns with the potential use of the accessory building, this setback shall be increased to 100 feet from all property boundaries.
g. Screening. In addition to using existing structures to shield outdoor storage from view, opaque fencing or evergreen vegetated buffers at least six feet in height shall be used to screen any outdoor storage of equipment and materials not related to the principal agricultural use of the property that occurs within 50 feet of a side or rear lot line. Any outdoor dumpsters or similar large-scale trash collection bins associated with the farm accessory use shall be fully screened either through the use of opaque wooden fencing and/or evergreen vegetated screening.
h. Storage. Storage of any non-agricultural equipment or materials related to an accessory farm use shall be indoors to the extent practicable. Outside storage of equipment, materials, or vehicles associated with the use shall be located in a manner that effectively shields them from viewed from a town road.
i. Fencing. Fencing shall be made of a wooden material or other synthetic materials designed to stimulate traditional fencing materials.
j. Hours of operation. The hours of operation shall be submitted as part of the special use permit application and shall be a condition of any approval by the zoning board of review. The hours of operation shall be set by the zoning board of review. Hours for deliveries shall also be specified as part of the application.
k. All applicable licenses for entertainment, special events, and victualling shall be required separately by the town and are not approved as part of this ordinance.
(28) Wildlife rehabilitation clinic shall be permitted as provided in the land use table subject to the following standards:
a. Any surface coverage on a property with a wildlife rehabilitation clinic use shall include surface coverage materials that minimize impervious surfaces.
b. Any principal and accessory buildings or structures, including outdoor caging areas, shall conform to the dimensional building setback requirements of the underlying district.
c. Any outdoor caging areas shall be adequately buffered from any abutting residential uses.
d. Storage of any equipment or materials related to a wildlife rehabilitation clinic use, other than the outdoor cages, shall be indoors to the extent practicable. Outside storage of equipment or materials associated with the wildlife rehabilitation clinic use shall be located consistent with the dimensional building setback requirements of the underlying district and in a manner that effectively shields them from viewing from a public road.
e. To the extent the property is located in a groundwater protection overlay zone, the provisions of article VIII, section 21-186 shall apply, including the restrictions on land use activities detailed in table 1 "restrictions on land use activities in zone 1 and zone 2 groundwater protection areas."
f. A plan for handling and disposal of waste from all medical/veterinary processes shall be submitted with the special use permit application.
(29) Cannabis retailer/hybrid cannabis or medical marijuana emporium.
a. The application for a special use permit shall provide the legal name and address of the 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 a vicinity map which shall identify the distances between the proposed facility and: (1) the nearest edge of abutting zoning districts, and (2) the nearest edge of abutting structures. The application shall include a copy of the licensing application submitted pursuant to the State of Rhode Island rules and regulations. If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.
b. The application for a special use permit shall include intended hours of operation, which shall not exceed 9:00 a.m. to 8:00 p.m.
c. The use of butane, propane, or other compressed flammable gases used for the purposes of marijuana extraction shall be strictly prohibited in all districts.
d. The location of the retailer or emporium shall meet the requirements of the Rhode Island General Laws and regulations. The structure shall not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades one through 12, pre-existing preschool, or pre-existing licensed day-care center.
e. Any structure that is used for retail sales of marijuana or for an emporium shall not be located within 100 feet of an existing residential structure.
f. Development plan review and approval shall be required prior to application for the special use permit, conducted by the planning commission. The planning commission shall ensure the following:
1. The North Kingstown Technical Review Committee reviewed the application. Written comments shall be supplied by the planning department, water department, fire department, police department, engineering/DPW department, and building inspector.
2. The development plan shall meet the requirements of article XI, development plan.
3. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood/commercial area and meet any design standards or guidelines where applicable.
4. Lighting is provided to illuminate the marijuana facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk.
5. Development plan review applications for all marijuana facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by appropriate town departments prior to issuance of the development plan approval.
6. All marijuana and cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.
(30) Cannabis testing facility.
a. The application for a special use permit shall provide the legal name and address of the 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 a vicinity map which shall identify the distances between the proposed facility and: (1) the nearest edge of abutting zoning districts, and (2) the nearest edge of abutting structures. The application shall include a copy of the licensing application to the department of health submitted pursuant to the State of Rhode Island rules and regulations. If the applicant is not the owner of the subject property, the owners of the subject property shall provide written acknowledgement and approval of the proposed use, which shall be appropriately notarized prior to review and approval by the town.
b. The location of the facility shall meet the requirements of the Rhode Island General Laws and regulations. The cultivation center shall not be located within 1,000 feet of any property line of an existing public or private school, preschool, or licensed day-care center.
c. Any structure that is used for cannabis testing shall not be located within 400 feet of an existing residential structure.
d. An approved cannabis testing facility shall provide the town with the registration document for each affiliated laboratory agent once per calendar year, date of which shall be set during the special use permit hearing process.
e. Warehousing cannabis is prohibited in a cannabis testing facility.
f. No other uses shall be within the same building or structure.
g. No testing facility shall be permitted without conformity with standards for environmental protection including, but not limited to: dust, fumes, odors, smoke, vapor, noise, vibration or flashing. The application for special use permit shall include a narrative to describe how the testing facility shall conform.
h. All refuse and other waste materials shall be stored within the building prior to collection and disposal.
i. Development plan review and approval shall be required prior to application for the special use permit, conducted by the planning commission. The planning commission shall ensure the following:
1. The North Kingstown Technical Review Committee reviewed the application. Written comments shall be supplied by the planning department, water department, fire department, police department, engineering/DPW department, and building inspector.
2. The development plan shall meet the requirements of article XI, development plan.
3. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood/commercial area and meet any design standards or guidelines where applicable.
4. Lighting is provided to illuminate the marijuana facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.
5. Development plan review applications for all facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by appropriate town departments prior to issuance of the development plan approval.
6. All marijuana and cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.
(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 96-20, § 1, 11-18-1996; Ord. No. 98-7, 5-11-1998; Ord. No. 01-1, § 13, 2-12-2001; Ord. No. 01-7, § 1, 5-7-2001; Ord. No. 01-18, § 2, 10-1-2001; Ord. No. 07-22, § 2, 9-10-2007; Ord. No. 07-23, §§ 8, 9, 9-24-2007; Ord. No. 08-17, § 3, 7-7-2008; Ord. No. 08-19, § 4, 8-4-2008; Ord. No. 10-06, § 7, 4-26-2010; Ord. No. 10-07, § 1, 5-10-2010; Ord. No. 10-13, § 2, 8-16-2010; Ord. No. 10-16, § 4, 9-27-2010; Ord. No. 11-01, § 6, 1-10-2011; Ord. No. 11-18, § 4, 6-27-2011; Ord. No. 12-03, § 2, 2-27-2012; Ord. No. 12-13, § 7, 10-22-2012; Ord. No. 13-20, § 2, 12-9-2013; Ord. No. 14-08, § 1, 5-5-2014; Ord. No. 15-04, §§ 2, 3, 3-30-2015; Ord. No. 17-07, § 3, 4-17-2017; Ord. No. 19-02, § 3, 3-11-2019; Ord. No. 19-12, § 3, 8-19-2019; Ord. No. 20-11, § 2, 5-18-2020; Ord. No. 21-10, § 3, 8-16-2021; Ord. No. 23-03, § 3, 4-24-2023)