All primary caregiver operations are subject to the following specific regulations to ensure compliance with state and local laws and to promote the health, safety and general welfare of village residents and visitors.
(A) There shall be not more than one primary caregiver operation per premises.
(B) All lighting shall be subject to the following general operating standards.
(1) All lighting shall be directed away from, and be shielded from, adjacent properties and shall be so arranged as to not adversely affect adjacent properties or driver visibility on adjacent public roads.
(2) All lighting shall be shielded to the extent possible to reduce glare and visibility.
(3) Grow lights shall not be used before 6:00 a.m. local time and shall not be used after 9:00 p.m. local time where they are visible from any adjacent properties or rights-of-way.
(C) The operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air scrubbing and carbon filtration system so that no odor is detectable at the property line of the premises, unless the Village Council or its designated representative approves a reasonably available odor control technology for a specific premises.
(D) No signs or advertisements related to a primary caregiver operation shall be permitted on the exterior of any structure on the premises.
(E) (1) To ensure compliance with all applicable requirements and laws, the portion of any building or structure where a primary caregiver assisting other patients acquires, possesses, cultivates, processes, transfers or uses marihuana is subject to inspection and approval by a village representative, including, but not limited to:
(a) Code Enforcement Officer;
(b) Law enforcement official serving the village; or
(c) Building official.
(2) Moreover, any premises and all enclosed, locked facilities on a premises with a primary caregiver operation shall be available for inspection upon reasonable request by a building official, Code Enforcement Officer, law enforcement official or the Village President.
(F) Marihuana cultivation, processing, use and transfer shall be maintained in compliance with the requirements of village ordinances, materials submitted with a permit application and the MMMA. Any departure shall be grounds to revoke a permit at a hearing in front of the Village Council and for the village to take other lawful actions to abate such nuisance. If a permit is revoked, an applicant shall not engage in a primary caregiver operation for a period of one year after the revocation and until the applicant obtains a new permit under this chapter.
(Ord. passed 12-21-2021) Penalty, see § 96.99