(A) Utility or governmental installations. The provisions of this chapter shall not be exercised so as to impose regulations or require permits in any district with respect to poles, towers, wires, cables, conduits, vaults, pipelines, laterals or any other similar distributing equipment of a public utility, or any other installation which is under the jurisdiction of city, state or federal regulations.
(B) Fences or the like. Fences, walls, hedges or shrubbery may be erected, placed, maintained or grown only in accordance with regulations set forth in the Building Code.
(C) Mobile homes and tents.
(1) A mobile home shall not be permitted as an accessory building or structure.
(2) A mobile home shall not be occupied for dwelling or lodging uses, except in an approved mobile home park, and a mobile home shall not be parked or otherwise stored in the open on a lot in any district, except a lot used for mobile home manufacturing, sales or retail or repair establishments in such districts where such uses are permitted by this chapter.
(3) A mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which such mobile home is located, only during the time construction or development is actively underway.
(4) No tent shall be erected, used or maintained for living quarters.
(D) Fallout shelters.
(1) Fallout shelters shall be used for the purposes as defined, and shall be used for no other use.
(2) Fallout shelters are a permissive use in any district. They shall be located within any new or principal building or structure, attached to any new or existing building or structure with direct access from such building or structure, be wholly underground, or be at such other places as may be prescribed by city, state or federal laws or regulations.
(E) Transitional residence. The transitional residence shall be licensed as required by the appropriate state agency or agencies and may be occupied by paid professional support staff provided by a sponsoring agency. To enable its residents to achieve normalization and integration into the community, transitional residences and community homes must be separated by no less than 1,500 feet in every direction to avoid clustering.
(F) Community home. The community home shall be licensed as required by the appropriate State of Illinois agency or agencies and may be occupied by paid professional support staff provided by a sponsoring agency. To enable its residents to achieve normalization and integration into the community, community homes must be separated by no less than 1,500 feet in every direction to avoid clustering.
(G) Adult-use cannabis business establishments.
(1) Purpose and applicability. It is the intent and purpose of this division (G) to provide regulations regarding adult-use cannabis business establishments within the city, including cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (the “Act”), being 410 ILCS 705/1-1 et seq., as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.
(2) Limitation on number of adult-use cannabis business establishments. Four adult-use cannabis dispensing organizations shall be allowed within the city at any given time; in addition to the four adult-use cannabis dispensing organizations allowed under this division (G), only four other non-dispensing adult-use cannabis business establishments shall be allowed within the city at any given time.
(3) Adult-use cannabis craft grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following.
(a) The facility may not be located in an area zoned for residential use.
(b) The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.
(c) The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(d) For purposes of determining required parking, adult-use cannabis craft grower shall be classified as a “Manufacturing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).
(e) The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.
(f) The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis craft grower and of the floor plan for the adult-use cannabis craft grower and the site on which it is located, consistent with the requirements of the Act.
(g) Adult-use cannabis craft growers shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.
(4) Adult-use cannabis cultivation center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following.
(a) The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.
(b) The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(c) For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as a “Manufacturing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).
(d) The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.
(e) The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cultivation center and of the floor plan for an adult-use cannabis cultivation center and the site on which it is located, consistent with the requirements of the Act.
(f) Adult-use cannabis cultivation centers shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.
(5) Adult-use cannabis dispensing organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following.
(a) Only four adult-use cannabis dispensing organizations shall be allowed within the city at any given time.
(b) An adult-use cannabis dispensing organization shall not be located within 300 feet of the property line of a pre-existing place of worship, public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or substance abuse treatment center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(c) The facility may not be located in a dwelling unit.
(d) The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.
(e) Facility shall not exceed 5,000 square feet in size. At least 75% of the floor area of any facility occupied by an adult-use cannabis dispensing organization shall be devoted to the activities of the adult-use cannabis dispensing organization as authorized by the Act, and no adult-use cannabis dispensing organization shall sell food for consumption on the premises other than as
may be authorized in the applicable special use ordinance.
(f) The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(g) The facility may not permit on-site consumption of cannabis.
(i) No operator, employee or agent of an adult-use cannabis dispensing organization shall operate, be open for business or permit any person not an employee of the adult-use cannabis dispensing organization to remain on the premises between 10:00 p.m. and 9:00 a.m. Central Standard Time or daylight saving time, whichever is in effect.
(j) The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.
(k) The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis dispensing organization and of the floor plan for an adult-use cannabis dispensing organization and the site on which it is located, consistent with the requirements of the Act.
(l) Adult-use cannabis dispensing organizations shall require approval of a special use in the city’s commercial and industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section. In determining compliance with § 165.089, the following components of the adult-use cannabis dispensing organizations shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
1. Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property;
2. Proposed structure in which the facility will be located, including cotenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance;
3. Hours of operation and anticipated number of customers/employees;
4. Anticipated parking demand based on § 165.029 of this chapter and available private parking supply;
5. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways;
6. Site design, including access points and internal site circulation;
7. Proposed signage plan;
8. Compliance with all requirements provided in § 165.025(E), as applicable;
9. Facilities located in the C-1, C-2 and U-TOD Districts shall only be located on lots adjacent to Western Avenue, Old Western Avenue, Ashland Avenue, 119th Street and 127th Street; and
10. Other criteria determined to be necessary to assess compliance with § 165.089 (Special Use Permits) of this chapter.
(6) Adult-use cannabis infuser organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following.
(a) The facility may not be located in an area zoned for residential use.
(b) The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.
(c) At least 75% of the floor area of any facility occupied by an infusing organization shall be devoted to the activities of the adult-use cannabis infuser organization as authorized by the Act. The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(d) For purposes of determining required parking, said facilities shall be classified as a “Manufacturing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).
(e) The petitioner shall file an affidavit with the city affirming compliance with this section and all other requirements of the city code and Act.
(f) The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras, and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis infuser organization and of the floor plan for an adult-use cannabis infuser organization and the site on which it is located, consistent with the requirements of the Act.
(g) Adult-use cannabis infuser organizations shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.
(7) Adult-use cannabis processing organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following.
(a) The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.
(b) At least 75% of the floor area of any facility occupied by an adult-use cannabis processing organization shall be devoted to the activities of the adult-use cannabis processing organization as authorized by the Act. The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(c) For purposes of determining required parking, said facilities shall be classified as a “Processing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).
(d) The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.
(e) The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis processing organization and of the floor plan for an adult-use cannabis processing organization and the site on which it is located, consistent with the requirements of the Act.
(f) Adult-use cannabis processing organizations shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.
(8) Adult-use cannabis transporting organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following.
(a) The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.
(b) The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(c) For purposes of determining required parking, said facilities shall be classified as a “Warehouse” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).
(d) The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.
(e) The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis transporting organization and of the floor plan for an adult-use cannabis transporting organization and the site on which it is located, consistent with the requirements of the Act.
(f) Adult-use cannabis transporting organizations shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.
(9) Additional requirements. The city may require additional application requirement and building enhancements for applicants seeking to operate an adult-use cannabis business establishment within the city, including:
(a) The petitioner shall install the building enhancements, such as security cameras, lighting or other improvements, as precondition to receiving a certificate of occupancy, permit, business license, or special use, as applicable, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its surrounding environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act;
(b) The petitioner shall submit additional information as required by the city during the special use application process; and
(c) The petitioner shall provide written notice by certified mail to all owners of property within 250 feet of the parcel for which the special use is sought. Such notice must be sent not more than 30 days nor less than 15 days before the hearing at which the application for special use is to be considered. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement. The notice herein required shall contain the address of the location for which special use is requested, a brief statement of the nature of the requested special use, the name and address of the legal and beneficial owner of the property for which the special use is requested, and the time and date of the hearing at which the special use will be considered.
(10) Signage and advertisements. In addition to local regulations for business signs, adult-use cannabis business establishments shall comply with all advertising regulations contained in the Act. No establishment nor any other person or entity shall place or maintain, or cause to be placed or maintained an advertisement of cannabis or a cannabis-infused product in any form or through any medium:
(a) Within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older;
(b) On or in a public transit vehicle or public transit shelter;
(c) On or in publicly-owned or publicly-operated property; or
(d) That contains information that:
l. Is false or misleading;
2. Promotes excessive consumption;
3. Depicts a person under 21 years of age consuming cannabis:
4. Includes the image of a cannabis leaf: or
5. Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis.
(11) Collocation of adult-use cannabis business establishments. To the extent permitted by the Act and subject to the special use criteria set forth herein, the city may approve for a single property or structure the collocation of any combination of adult-use cannabis business establishments. In a collocation provided for herein, the floor space requirements of this division (G) shall not apply, but the collocated adult-use cannabis business establishments shall be the sole use of the tenant space. The most restrictive distance requirement for any collocated adult-use cannabis business establishments shall control.
(12) Prohibition of ownership by elected city officials. No elected city official shall during the elected city official’s term of office hold an ownership interest in any cannabis business establishment which applies for a special use pursuant to this division (G) or which is licensed to operate in the city under the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq.
(H) Motor vehicle repair and service.
(1) Any use involving the repair or service of motor vehicles shall be limited to the districts identified in § 165.023 - Schedule of Use Controls. In addition, no use involving motor vehicle repair or service shall be allowed, either as a permitted use or a special use, on Western Avenue, regardless of whether that use is allowed in the property’s underlying zoning district.
(2) Vehicle repair/service establishments may not store vehicles outdoors on the site for longer than 14 days, or seven days once repairs are complete.
(3) Repair of vehicles in prohibited outdoors. Storage of all merchandise, auto parts, and supplies must be within an enclosed structure.
(4) No partially dismantled, wrecked, junked, or discarded vehicles may be stored outdoors on the premises. This standard does not apply to vehicles under repair.
(5) No motor vehicles may be stored and no repair work may be conducted in the public right-of-way.
(6) The sale of new or used vehicles is prohibited unless separately approved.
(7) Tow trucks are not allowed to be stored on site. Towing drop-off and pick-up of vehicles is limited to third party towing companies.
(8) Vehicle repair/service establishments that share a lot line with a residential district must be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet in height.
(Prior Code, § 166.025) (Ord. 2151, passed 6-28-1971; Ord. 2015-029, passed 9-22-2015; Ord. 2020-010, passed 2-25-2020; Ord. 2022-042, passed 6-29-2022; Ord. 2022-049, passed 10-11-2022; Ord. 2024-009, passed 3-12-2024)