A. Purpose And Applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the Village of Heyworth. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), 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.
B. Allowed Adult-Use Cannabis Business Establishments/Facilities: It is the intent of the village to allow for, subject to the requirements of the Cannabis Act and other applicable requirements of this code, the following types of adult-use cannabis business establishments to be located within the village or as it applies to its extra-territorial jurisdiction:
1. Adult-use cannabis cultivation centers.
2. Adult-use cannabis craft growers.
3. Adult-use cannabis infuser organizations.
4. Adult-use cannabis processing organizations.
5. Adult-use cannabis transporting organizations.
C. Adult-Use Cannabis Business Establishments/Facilities And Usages Not Allowed: It is the intent of the village to not allow for the following types of adult-use cannabis business establishments to be located within the village or as it applies to its extra-territorial jurisdiction, as well as not allow the following usage:
1. Adult-use cannabis dispensing organizations.
2. Adult-use cannabis cafes/lounges.
3. Consumption of cannabis products in business establishments within the village to the extent allowed under the Act.
D. Permitted And Special Permitted Uses: Adult-use cannabis business establishment facilities, as defined herein, are permitted in those zoning districts as specified in chapter 7 (Principal Uses and Standards of Districts).
E. Adult-Use Cannabis Facility Components: In determining compliance of this title and the Act, the following components of the adult-use cannabis facilities shall be evaluated prior to a building permit and/or a special permit being issued 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 co-tenancy (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 section 11-11-1 et seq. of this Title 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 other requirements provided in this code, as applicable.
9. Other criteria determined to be necessary to assess compliance with this code.
F. Adult-Use Cannabis Craft Growers: In those zoning districts in which an adult-use cannabis craft grower may be located pursuant to chapter 7 (Principal Uses and Standards of Districts) of this title, the proposed craft growing facility must comply with the following:
1. Facility may not be located within five hundred feet (500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purpose of this section.
2. Facility may not be located within five hundred feet (500') of the property line of a pre-existing property zoned or used for residential purposes.
3. Facility may not be located within two hundred fifty feet (250') of the property line of a pre-existing retail producing business as defined per the Retailer's Occupation Tax Act.
4. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
5. For purposes of determining required parking, adult-use cannabis craft growers shall be classified as a "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.
6. Petitioner shall file an affidavit with the village affirming compliance with this section, other applicable sections of this code, and all other requirements of the Act.
7. For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.
8. No more than three (3) adult-use cannabis craft grower facilities shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If three (3) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.
G. Adult-Use Cannabis Cultivation Centers: In those zoning districts in which an adult-use cannabis cultivation center may be located pursuant to chapter 7 (Principal Uses and Standards of Districts) of this title, the proposed cultivation center facility must comply with the following:
1. Facility may not be located within two thousand five hundred feet (2,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
2. Facility may not be located within one thousand feet (1,000') of the property line of a pre-existing property zoned or used for residential purposes.
3. Facility may not be located within two hundred fifty feet (250') of the property line of a pre-existing retail producing business as defined per the Retailer's Occupation Tax Act.
4. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
5. For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.
6. Petitioner shall file an affidavit with the village affirming compliance with this section, other relevant sections of this code, and all other requirements of the Act.
7. For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.
8. No more than two (2) adult-use cannabis cultivation center facilities shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.
H. 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:
1. Facility may not be located within five hundred feet (500') feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
2. Facility may not be located in a dwelling unit or within two hundred fifty feet (250') feet of the property line of a pre-existing property zoned or used for residential purposes.
3. At least seventy five percent (75%) of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4. For purposes of determining required parking, adult-use cannabis infuser organizations shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.
5. Petitioner shall file an affidavit with the village affirming compliance with section as provided herein and all other requirements of the Act.
6. For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.
7. No more than two (2) adult-use cannabis infuser organizations shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.
I. Adult-Use Cannabis Processing Organizations: In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:
1. Facility may not be located within five hundred feet (500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
2. Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.
3. At least seventy five percent (75%) of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4. For purposes of determining required parking, adult-use cannabis processing organizations shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.
5. Petitioner shall file an affidavit with the village affirming compliance with this section as provided herein and all other requirements of the Act.
6. For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.
7. No more than two (2) adult-use cannabis processing organizations shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.
J. Adult-Use Cannabis Transporting Organizations: In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:
1. Facility may not be located within five hundred feet (500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
2. Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.
3. The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4. For purposes of determining required parking, adult-use transporting cannabis transporting organizations shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.
5. Petitioner shall file an affidavit with the village affirming compliance with this section as provided herein and all other requirements of the Act.
6. For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.
7. No more than two (2) adult-use cannabis transporting organizations shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extraterritorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.
K. Additional Requirements:
1. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements as required by the Act and as may otherwise be required by this code or special permitted use, where applicable, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements may 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.
2. All adult-use cannabis facilities shall have a minimum twenty foot (20') front yard setback and five foot (5') side yard setback for its primary structure. (Ord. 2019-74, 12-19-2019)