8-2-5-35: MEDICAL CANNABIS:
   A.   Cultivation Center: Medical cannabis cultivation centers are allowed as special uses only in industrial zoning districts and meeting all of the following regulations:
      1.   Registration: Registration proof from the state of Illinois department of agriculture to perform the function to provide medical cannabis to registered medical cannabis dispensing organization.
      2.   Minimum Distance From Specific Uses: Medical cannabis cultivation centers shall be a minimum of two thousand five hundred feet (2,500') from the property line of a preexisting public or private preschool, elementary or secondary school, daycare center, daycare home, group daycare home, part day childcare facility, or any zoning district that allows for residential uses.
      3.   Measurement Of Minimum Distance: All distances shall be measured in a straight line, without the consideration of intervening structures or objects; from the nearest point on the property line of the lot on which an applicable cultivation center is located to the nearest point of property line of any zoning district that allows for residential uses.
      4.   Cultivation Centers Single Use Site: Cultivation centers shall be established as the only use on a single parcel that complies with the requirements of this section. Parking lot area shall be for the exclusive use of the center and for no other uses as shared space.
      5.   Setbacks: Cultivation centers shall be a minimum of fifty feet zero inches (50'0") from all property lines of the parcel intended for construction.
      6.   Parking:
         a.   Parking area shall be well lit and also be monitored by video surveillance equipment whose live images are viewed by the staff who work as security for the center. Surveillance equipment and recording devices shall be tamperproof and continually video monitored twenty four (24) hours daily.
         b.   The video surveillance equipment and images shall be available twenty four (24) hours per day seven (7) days a week to the department of agricultural and law enforcement agencies via a secure web based portal.
         c.   Parking shall comply with the requirements that are set forth in section 8-8-1-6, "Standard Parking And Handicapped Space Standards", of this title.
      7.   Signage:
         a.   Signage shall be limited to one flat wall sign that is limited in area to ten (10) square feet. One identification sign is allowed as a freestanding sign on the site that is limited to two (2) square feet in area. No illumination of either sign will be allowed.
         b.   Signs shall not contain images such as cannabis leaves, plants, smoke paraphernalia, or cartoonish imagery that is oriented toward youth or any language referring to cannabis.
      8.   Security And Video Surveillance:
         a.   All cultivation, production and related operations at a medical cannabis cultivation center shall be completed within an enclosed locked facility. The facility shall have adequate security, lighting, video surveillance, personnel and alarms designed to ensure the safety of persons and to protect the site from theft.
         b.   The facility shall be enclosed on the perimeter with a high security fencing (8 feet 0 inches) or wall that prevents unauthorized entry with gates that are connected to an access control system.
         c.   All parking, cultivation, production warehouses, shipping bays, and entrances shall be monitored twenty four (24) hours a day seven (7) days a week by video surveillance equipment that is continually recorded in a tamperproof format. The surveillance recordings shall be available to all local and state law enforcement and the department of agriculture.
         d.   The land use department shall review the adequacy of the lighting, security, and video surveillance with the aid of the local law enforcement officials to ensure that the special use permit as authorized by the county board has been complied with.
         e.   Loading of product shall occur with secure enclosed shipping bays and shall not be visible from any point from the exterior of the facility.
      9.   Noxious Odors: All cultivation facilities shall be operated so that odors are not released from the site to neighboring premises or properties, and if necessary a ventilation system shall be employed to filter any ventilation exhaust air from the building.
      10.   Activities On Site:
         a.   A cultivation center shall not sell or distribute any medical cannabis to any individual or entity other than a licensed dispensary organization that is registered under the compassionate use of medical cannabis pilot program act.
         b.   The facility shall not cultivate, manufacture, process or package any product other than medical cannabis and cannabis infused products, at a cultivation center.
         c.   Consumption of cannabis is prohibited at the cultivation center or anywhere on the site in which the center is located.
   B.   Medical Cannabis Dispensary:
      1.   Minimum Distance From Protected Uses:
         a.   No medical cannabis dispensary organization shall be established, maintained or operated on any lot that has a property line within one thousand feet (1,000') of a property line of a preexisting public or private preschool, elementary or secondary school, daycare center or residence, or group daycare residence.
         b.   No medical cannabis dispensary shall be located within five hundred feet (500') of a property line that is adjacent to a preexisting zoning district that allows for residential uses, place of worship, park or forest preserve.
         c.   All measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which an applicable dispensary is located to the nearest point on any property line of any protected use.
         d.   The dispensary shall be a minimum of thirty feet (30') from all property lines.
         e.   Dispensary shall be a minimum of one thousand feet (1,000') from all other dispensaries as measured from the applicable property lines.
      2.   Compliance:
         a.   All dispensaries shall be in compliance with the compassionate use of medical cannabis pilot program act 1 and all rules and regulations adopted in accordance thereto.
         b.   No other uses shall be established on the tenant property or on a site that shares parking with any other use.
      3.   Parking:
         a.   Parking shall be located such that it is visible from a public road or a private road and shall be accessible to the public. There shall be no visual obstruction such as vegetation or fencing that causes a visibility issue.
         b.   Parking area shall be well lit and monitored by video surveillance cameras that project live images to dispensary security staff and are continually recorded in tamperproof format. All recorded images shall be made available to local and state law officials when requested.
         c.   Parking shall comply with the requirements that are set forth in section 8-8-1-6, "Standard Parking And Handicapped Space Standards", of this title.
      4.   Exterior Display And Advertising:
         a.   No spotlights, or flashing lights or similar advertising shall be used to direct the public to the dispensary.
         b.   Signs shall be limited to one flat wall sign that is limited to a maximum of ten (10) square feet and one freestanding sign that is not larger than two (2) square feet.
         c.   Signs shall not contain cannabis imagery such as leaves, plant, smoke, paraphernalia, or cartoonish imagery oriented toward youth or any language referring to cannabis.
         d.   A sign shall be posted that specifically states the following: "Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering." The text for this sign shall not be larger than one inch (1") in height.
         e.   Merchandise packaging and bags for customers shall be opaque and shall be without any graphics, text, or identifying features that indicate the contents of the products within the packaging.
      5.   Hours Of Operation:
         a.   Dispensary hours shall be limited to six o'clock (6:00) A.M. to eight o'clock (8:00) P.M. local time.
         b.   Deliveries shall occur between seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. local time and shall occur within a secure, enclosed delivery bay that is not visible from any location off of the premises of the dispensary.
      6.   Drive-Through Windows: Drive-through services are prohibited for dispensaries.
      7.   Security And Video Surveillance:
         a.   Dispensaries shall be enclosed and locked with adequate security that includes lighting, video surveillance, security personnel, and alarms that are designed for the purpose of protecting the occupants and also the site from theft.
         b.   The parking area, client entrance, sales area, backroom, storage areas, and delivery bay and entrance shall all be monitored twenty four (24) hours seven (7) days a week and have live images viewable by security on site. All recordings of surveillance shall be made available to local and state law officials.
         c.   The land use department shall review with the Grundy County sheriff the lighting and security systems and video surveillance to determine propriety for the facility.
      8.   Conduct At The Location:
         a.   Loitering is prohibited on the dispensary property and shall be dealt with appropriately by the security staffing.
         b.   Cannabis products shall not be consumed within the dispensary or anywhere on the site occupied by the dispensary. Consumption includes: smoking, eating, drinking or any other form of consumption of cannabis.
      9.   Drug Paraphernalia Sales: Dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois drug paraphernalia control act 1 and the compassionate use of medical cannabis pilot program act 2 . (Ord. 2014-018, 11-10-2014)

 

Notes

1
1. 410 ILCS 130/1 et seq.
1
1. 720 ILCS 600/1 et seq.
2
2. 410 ILCS 130/1 et seq.