Standards for Special Use Permits
The zoning board of review shall consider all properly filed applications for special use permits, and in granting any such special use permits shall require that evidence to the satisfaction of the standards set forth below be entered into the record of proceedings:
15.8-1. Reserved.
15.8-2 Standards for Special Use Permits for Compassion Centers.
The following standards shall be applied in the consideration of special use permits for Compassion Centers:
- (l) The application for a special use permit for a compassion center shall provide:
- a. The applicant's legal and any d/b/a name(s), certificate of incorporation under R.t Gen. Laws § 7-6-36 or certificate of authority under § 7-6-70, articles of incorporation and bylaws, and, if applicable, documentation of recognition as a tax-exempt organization by the US Internal Revenue Service.
- b. A business plan, including scope of activities, budget and resource narratives, and timeline for initiating operations. (This shall include the applicant’s acknowledgement that no cultivation of marijuana and no manufacturing of marijuana products or derivatives will be conducted on the premises)
- c. The proposed physical location of the compassion center (by plat and lot number, mailing address, etc.),
- d. Evidence that the physical locations are not located within one thousand feet (1 ,000') of the property line of a preexisting public or private school in compliance with R.I. Gen. Laws § 2l-28.6-l2(f)(2). For the purposes of this paragraph, "private school" shall be deemed to refer to any nonpublic institution of elementary or secondary (K-12th Grade) education, accredited or recognized as a private school by the department of elementary and secondary education or the school committee of the city or town having jurisdiction over private schools. For purposes of this paragraph, the 1000' distance shall be measured from the secured compassion center premises, which shall include allotted outdoor areas (such as parking and loading areas), to the property line of the school, which shall include the school building, land, and appurtenances.
- e. Evidence that the physical locations are not located within two hundred feet (200') of the property line of a nursery school or Head Start Facility. For purposes of this paragraph, the 200' distance shall be measured from the secured compassion center premises, which shall include allotted outdoor areas (such as parking and loading areas), to the property line of the nursery school or Head Start facility.
- f. A draft diagram of the proposed facilities, including where within the facility the medical marijuana will be stored, processed, packaged, manufactured and dispensed, and where security alarms and cameras and surveillance recording storage will be located, and showing the location of the facility relative to streets and other public areas.
- g. A description of objective parameters (such as distances from streets and public areas) and/or proposed measures (such as black-out window shades) that ensure that marijuana at the premises shall not be visible from the street or other public areas.
- h. Evidence of either ownership of property or agreement by owner of property to allow the operation of a compassion center on the property, including the sale of medical marijuana, if property has already been purchased or leased at the time of the application.
- i. The legal name, current address, and date of birth of each principal officer, director or member of the compassion center.
- j. A list of all persons or entities (legal names and current addresses) having direct Or indirect authority over the management or policies of the compassion center.
- k. If a compassion center will have a management agreement in place, it shall also include a copy of the management agreement or management agreement proposal and a list of persons who have any ownership interest or operational control over the management company.
- l. A list of all persons or business entities (legal names and current addresses) having any ownership interest in the applicant entity, whether direct or indirect.
- m. If the compassion center premises and/or other operational assets will be owned or leased by a person or entity other than the applicant, the legal name and current address of such person or entity and a list of all persons or entities (legal names and current addresses) having any ownership interest in such entity, whether direct or indirect.
- n. The legal names and current addresses of all creditors holding a security interest in the premises and/or other assets to be used in the compassion center operations, if any.
- (2) That the special use shall be in harmony with the general purpose and intent of this ordinance;
- (3) Under no circumstances and notwithstanding any provisions contained elsewhere in either State law and regulations or in this ordinance or any other City ordinance, the cultivation of marijuana and/or the manufacture of marijuana products and derivatives are strictly prohibited at licensed and approved Compassion Centers. For the avoidance of doubt, Compassion Centers are restricted to the retail sale of marijuana related finished goods and products only, along with marijuana related supplies and educational materials.
- (4) That all appropriate conditions and safeguards are included in the special use permit in the form of stipulations deemed appropriate by the Zoning Board of Review.
- (5) That the subject property is in full compliance with applicable minimum lot area and parking requirements set forth in this ordinance, Section 5. I-3.12 Off-street Parking Regulations: Retail Commercial Establishments, Service Establishments & Outpatient Facilities.
- (6) That the requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity to not adversely affect said area;
- (7) That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.
- (8) All uses granted under this section shall not be located within:
- a. Two-hundred (200) feet from the nearest R-I, R-2, R-3, R-4 or Mixed Use I (MU-I) zoning district
- b. One thousand (1,000) feet from a public or private school as defined in R.I. Gen. Laws § 21-28.6-12(£)(2) or 200'o1'a nursery school or Head Start facility; or
- c. Two thousand (2,000) feet from any other Compassion Center.
- (9) The distances specified in section 8(a), above, shall be measured by a straight line from the nearest R-I, R-2, R-3, R-4, or MD-I property line to the building line of the premises on which the proposed compassion center use is to be located. The distance specified in section 8(b), above, shall be measured by a straight line from the nearest property line of the public school, private school, nursery school, or Head Start facility to the building line of the premises on which the proposed compassion center use is to be located.
- (10) Hours of operation for a compassion center shall be limited to 7:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. Saturdays and Sundays.
- (11) Lighting shall be required such that it will illuminate the compassion center, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Wherever possible, lighting shall be directed straight downward and full-cutoff fixtures shall be used in order to prevent glare or light trespass.
- (12) The proposed compassion center shall implement the appropriate security and shall insure that each location has an operational security/alarm system.
- (13) No use permitted under this article shall be established prior to submission and approval of a site plan by the Zoning Board of Review with the technical advice of the City's Zoning Official. The site plan shall depict all existing and proposed buildings, parking spaces, driveways, service areas and other open uses. The site plan shall show the distances between the proposed use and the boundary of the nearest residential zoning district and the property line of all other abutting uses as described within this section.
- (14) All use permitted under this section shall comply fully with all licensing requirements of the City of Woonsocket and the laws of the State of Rhode Island.
15.8-3. Special Permit Criteria for Backyard Chicken Keeping.
- (1) The subject lot shall be zoned residential.
- (2) The subject lot shall be owner-occupied.
- (3) There shall be no more than one (1) hen per eight hundred (800) square feet of total lot area, with a maximum of five (5) hens on any one (1) lot, regardless of total lot area.
- (4) The keeping of roosters shall be strictly prohibited.
- (5) A hen house (coop) shall be an outdoor, fenced enclosure, and shall be located in rear yards only. Chickens may not be kept indoors under any circumstances. The hen house shall be:
- a. covered, predator resistant, and well-ventilated.
- b. provide a minimum of two (2) square feet per hen.
- c. supply adequate protection from the elements and inclement weather.
- d. provide hens with good health and prevent any unnecessary or unjustified suffering.
- e. be kept clean, dry, and sanitary at all times.
- f. be located upon a permeable surface that prevents waster run-off.
- g. be situated at least twenty (20) feet from all property lines and
- h. the hen house shall not be built onto any shared fence.
- (9) The fenced outdoor enclosure shall adequately contain the hens and be kept clean and sanitary at all times.
- (10) Manure shall be composted in enclosed bins; feed shall be stored securely.
- (11) Hens shall be confined between the hours of 9:00 P.M. and 8:00 A.M. When not confined the chickens shall be well supervised, kept within an ecnlosed fecnced enclosure at all times, and not allowed onto abutting proerptey.
- (12) Chickens and their eggs are for private consumption only.
- (13) Chickens shall not be slaughtered within City limits.
- (14) The Animal Control Officer and the Zoning Officer or their designees may inspect chickens and coops at any time.
(Ch. 8558, Sec. 16, 3-3-2025)
15.8-4 Special Use Permit in conjunction with a Dimensional Variance.
In accordance with RIGL 45-24-42(c), an applicant may apply for, and be issued, a dimensional variance with a special use. If the special use cannot exist without the dimensional variance, the Zoning Board of Review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.
(Ch. No. 8132, Sec. 1, 10/07/2019)