§ 6.14

Entrance Landings/Stoops

Entrance landings/stoops, not exceeding three (3) feet in width nor four (4) feet in depth, whether covered or uncovered, shall be permitted at the entrances to all residential and nonresidential structures, without regard to front, side or rear setback requirements. Larger entrance landings/ stoops, and entrance landings/stoops, which are enclosed by walls and/or windows, shall conform to all relevant setback requirements.

(Ch. No. 6012, Sec. 1(F), 10-16-95)

Section 6.15. Solar & Wind Energy Systems, Facilities and Installations

A. Definitions

“Photovoltaics” shall mean electricity produced directly from sunlight; typically small scale.

“Solar Heating and Cooling” shall mean thermal (heat) energy used to change the temperature of air and water; typically small or medium scale.

“Concentrated Solar Power” shall mean concentrated sunlight used to drive a traditional steam turbine; typically large scale.

“Residential Solar Power System; Small” shall mean a solar installation with an output of 10.5kW or less or rooftop-mounted, which:

· 1. Shall meet all applicable zone requirements including but not limited to lighting, setbacks, signage, and height.

· 2. Shall require a building permit after submission and approval of layout and design. Any signed lease, easement, or distribution agreements must also be submitted for review by the city solicitor and be recorded in Land Evidence in the city of Woonsocket after approval.

· 3. Shall be in compliance with RI State Building Code and National Electric Code.

· 4. Solar Energy Systems-Small and Large shall comply with the following provisions

(a) No individual panels within a ground-mounted solar install-ation shall exceed fifteen (15) feet in height, as measured from the pre-development lot grade at the location of the panel;

(b) All panels and other equipment and structures that are part of the installation shall be setback from all property lines applicable to the specific zone in which they are located;

(c) A roof-mounted solar installation shall not exceed the permitted building height applicable to the zone in which it is located;

(d) A ground-mounted solar installation shall not exceed the permitted accessory building height applicable to the zone in which it is located.

(e) A ground-mounted solar install-ation shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.

(f) Any solar installation shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.

“Residential Solar Power System; Large” shall mean A solar installation with an output of 20kW or less and greater than 10.5kW, requiring a Design Review with the Planning Board in all zones, which:

· 1. Shall meet all applicable zone requirements including but not limited to lighting, setbacks, signage, and height.

· 3. Shall be in compliance with RI State Building Code and National Electric Code.

· 4. Solar Energy Systems-Small and Large shall comply with the following provisions

(g) No individual panels within a ground-mounted solar install-ation shall exceed fifteen (15) feet in height, as measured from the pre-development lot grade at the location of the panel;

(h) All panels and other equipment and structures that are part of the installation shall be setback from all property lines applicable to the specific zone in which they are located;

(i) A roof-mounted solar installation shall not exceed the permitted building height applicable to the zone in which it is located;

(j) A ground-mounted solar installation shall not exceed the permitted accessory building height applicable to the zone in which it is located.

(k) A ground-mounted solar install-ation shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.

(l) Any solar installation shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.

Commercial/Industrial Solar Power System; Small” shall mean a solar installation with an output of 250kW or less and greater than 10Kw, or an installation exceeding 20% of the minimum buildable area of the applicable zone (wetlands and setbacks subtracted from lot size); requiring, in all zones, Minor Land Development approval from the Planning Board and a Special Use Permit from the Zoning Board of Review, pursuant to Rhode Island General Law 45-23-61; and a building permit prior to construction; which shall adhere to the following:

· Design Standards- Solar installation applications shall include the proposed site layout and any landscape changes, a diagram of electrical components, a description of the major system components to be used, an operation and maintenance plan, a decommission plan, utility approval, proof of liability insurance, and the contact information for the project contractors. Additional documents may be required by the Planning Board or by the Zoning Board of Review. The Planning Board may waive requirements of the design review process upon written request of the applicant at Pre-Application.

· 2. Land Evidence- Any signed lease, easement, or distribution agreements shall be submitted with the installation application for review by the city solicitor, and be recorded in Land Evidence in the City of Woonsocket upon Planning Board and Zoning Board of Review approvals. Signed lease agreements must make reference to payment of both tangible and property tax by the grantee.

· 3. Setbacks and Height- The installation must meet all height and minimum front, side, and rear yard setback requirements in the applicable zone, and must additionally maintain a twenty foot (20’), properly maintained vegetated buffer from all adjacent properties and roadways.

· 4. All installations shall be in compliance with the RI State Building Code and National Electric Code, and may be subject to yearly inspections by the Woonsocket Building and Electrical Officials. All installation components must have an UL listing or equivalent.

· 5. All electrical connection and distribution lines within the installation shall be underground. Electrical equipment between the installation and the utility connection may be above-ground if required by the utility.

· 6. Security- A fence shall surround the perimeter of the installation of no less than nine (9) feet in height.

· 7. Emergency Access- Reasonable accessibility for emergency service vehicles shall be required.

· 8. Signage- No signs are allowed on the security perimeter fencing except for a sign displaying the installation name, address and emergency contact information, and trespassing/warning/danger signs to ensure the safety of individuals who may come in contact with the installation. No sign shall exceed four (4) square feet in area.

· 9. Lighting- Externally lit signs are allowed, provided they are oriented such that the light is directed away from any adjacent properties and traffic arteries.

· 10. Abandonment or Decommissioning- It is the responsibility of the parcel owner to remove all obsolete or unused systems within six (6) months of cessation of operations. Reusable components are to be recycled whenever feasible. A surety bond to cover the cost of removal may be required as determined by the zoning board of review, and shall be posted prior to the issuance of any building permits.

“Commercial/Industrial Solar Power System; Large” shall mean a solar installation with an output of greater than 250kW, or an installation exceeding 40% of the minimum buildable area of the applicable zone (wetlands and setbacks subtracted from lot size); requiring, in all zones, Design Review approval from the Planning Board and a Special Use Permit from the Zoning Board of Review, pursuant to Rhode Island General Law 45-23-61; and a building permit prior to construction; which shall adhere to the following:

· 1. Design Standards- Solar installation applications shall include the proposed site layout and any landscape changes, a diagram of electrical components, a description of the major system components to be used, an operation and maintenance plan, a decommission plan, utility approval, proof of liability insurance, and the contact information for the project contractors. Additional documents may be required by the Planning Board and/or by the Zoning Board of Review. The Planning Board may waive requirements of the Land Development review process upon written request of the applicant at Pre-Application.

· 2. Land Evidence- Any signed lease, easement, or distribution agreements shall be submitted with the installation application for review by the City Solicitor, and be recorded in Land Evidence in the city of Woonsocket upon Planning Board and Zoning Board of Review approvals. Signed lease agreements must make reference to payment of both tangible and property tax by the grantee.

· 3. Setbacks and Height- The installation must meet all height and minimum front, side, and rear yard setback requirements in the applicable zone, and must additionally maintain a twenty foot (20’), properly maintained, vegetated buffer from all adjacent properties and roadways.

· 4. All installations shall be in compliance with the RI State Building Code and National Electric Code, and shall be subject to yearly inspections by the Woonsocket Building and Electrical Official. All installation components must have an UL listing or equivalent.

· 6. Security- A fence shall surround the perimeter of the installation of no less than nine (9) feet in height.

· 7. Emergency Access- Reasonable accessibility for emergency service vehicles shall be required.

“Wind Energy Conversion Facilities” means the equipment and requisite hardware that provides and are used for collecting, transferring, converting, storing or using renewable resources for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced through nonrenewable resources. The primary use of a renewable energy utility scale facility is to provide energy for the commercial facility on which said facility is located or to produce energy solely to off-loan electricity to the grid. Any excess energy produced by a commercial facility may be off-loaded to the grid.

Wind Energy Conversion Facility shall comply with the following:

· 1. A wind energy conversion facility located within the vicinity of residential structures, historic districts, schools, or in the River Corridor Overlay District shall not be approved unless such proposed uses and structures are so concealed as to be substantially invisible. The views of, and vistas from, such structures, districts or designated scenic corridor shall not be impaired or diminished by the placement of such uses and structures.

· 2. A wind energy conversion facility shall not exceed the permitted building heights as set forth in the zone restrictions enumerated in this ordinance.

· 3. A wind energy conversion facility shall be designed to prevent unauthorized access, including, but not necessarily limited to protective fencing.

· 4. Support towers, monopole towers, rather than lattice or cable towers, are the preferred type of support for wind facilities and shall be used when a support tower is proposed. Lattice or cable-support towers may only be permitted if it is demonstrated to the satisfaction of the zoning board of review that the use of a monopole is impractical.

· 5. All components of the wind facility shall be painted a neutral, non-reflective exterior color designed to blend with the surrounding environment, such as white, light gray or light blue.

· 6. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety, security and operational purposes and shall be reasonably shielded from immediately adjoining properties.

· 7. Special Use Permit Submission Requirements:

a.) An application for a wind energy conversion facility shall submit visual impact data, including, but not limited to photographic simulation of the proposed facility as it would be seen from residential areas, public rights-of-way, parks and other recreational facilities.

b.) Location of proposed towers with radius map, showing the locations of all appurtenant structures, cables, wires and access roads.

c.) A maintenance plan for the facility.

d.) Proof of liability insurance

e.) Approval of the height of the structure from the FAA, if applicable.

f.) A statement certifying that the structure and facilities comply with the noise requirements of the city ordinance.

The zoning board of review may not grant a permit or variance unless it finds, in writing, that:

a.) The construction of a wind energy conversion facility shall be allowed pursuant to the use table the use complies with all requirements set forth in this chapter and applicable requirements of the Federal Aviation Administration. All such facilities shall be constructed and operated in a manner that minimizes and adverse visual, safety and environmental impacts;

b.) The specific site is an appropriate location for such use

c.) The use will not adversely affect the neighborhood;

d.) There will be not be any serious hazard to pedestrians or vehicles from the use;

e.) No nuisance will be created by the use; and

f.) Adequate and appropriate facilities will be provided for the proper operation of the use. (Ord. Ch. 7859 12-21-2015)

6.16 Medical Marijuana. It is the intent of this section to regulate and provide zoning standards for the cultivation and distribution of medical Marijuana as allowed by the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. (RIGL 21-28.6-1 et seq.)

6.16-1.4 Licensed Cultivator. The cultivation of marijuana for medical purposes only by Licensed Cultivators shall be allowed in the Industrial 1 and Industrial 2 Zoning Districts in preexisting buildings (i.e., marijuana cultivation is not allowed in newly constructed buildings) on lots of 5 acres or larger with and under the following conditions;

(l) The facility shall be in possession of a valid license issued by the Rhode Island Department of Business Regulation (DBR) in connection with Licensed Cultivators and such license shall be prominently displayed on the premises and the facility shall at all times comply mid adhere to all DBR provisions and requirements in connection with DBR issued Licensed Cultivator licenses.

(2) The building in which marijuana cultivation is to occur shall be no less than 1,000 feet from any school, youth center or licensed day-care center and 110 less than 300 feet from the nearest residential property. For purposes of this paragraph, the 1,000 foot distance and 300 foot distance shall be measured in a straight line from the closest building line in which the licensed cultivator will be cultivating, storing and or processing marijuana to the property line of the subject school, youth center, licensed day-care cent.er or residential property.

(3) The building housing the cultivation shall be enclosed on the outside by a chain-link security fence with a height of no less than six (6) feet.

(4) The facility must have a security system to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana, which shall include both adequate lighting, subject to the approval of the city's Building Official or Zoning Official in consultation with the city's Public Safety Director, including motion control lighting, and an alarm system that is linked to Woonsocket's public safety departments (Police and Fire).

(5) Cultivation and storage shall not be visible from the surrounding public ways or areas.

(6) Odor Control and Mitigation:

a. Cultivation area(s) shall have ventilation and filtration systems installed that prevent medical marijuana plant odors from exiting the interior of the structure to an extent that would significantly alter the environmental odor outside, while addressing the potential for mold.

b. The ventilation and filtration system, along with any plumbing improvements, shall be installed in compliance with all applicable codes and ordinances, including obtaining any necessary permits, and inspected by the municipality.

c. Measures to assure compliance with this section shall be documented in an odor control and mitigation plan acceptable to the City's building inspector.

(7) The use of butane, propane, or other compressed gases and solvents used for the purposes of marijuana extraction shall be strictly prohibited in all districts.

(8) For the avoidance of doubt, only the growing and cultivation of marijuana to be sold / distributed to medical marijuana facilities such as Compassion Centers is allowed. The manufacture, production or processing of marijuana p1ants into medical or nonmedical marijuana products or derivatives is strictly prohibited, Also, retail sales arc strictly prohibited, as the intent of this ordinance is to allow for the growing, cultivation, supply and distribution of marijuana plants to licensed facilities that manufacture and/or sell medical marijuana products, including licensed medical marijuana dispensaries.