A. Purpose and Intent: 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 unincorporated areas of Jo Daviess County. 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. Special Use: Adult-Use Cannabis Business Establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with Chapter 2, Article D (Special Uses) of this Title and Section 8-5B-53C. (Adult-Use Cannabis Facility Components) as provided herein.
C. Adult-Use Cannabis Facility Components: In determining compliance with Chapter 2, Article D (Special Uses) of this Title, the following components of the Adult-Use Cannabis Facility 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 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 Chapter 4, Article D 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 requirements provided in Section D (Adult-Use Cannabis Craft Grower); Section E (Adult-Use Cannabis Cultivation Center); Section F (Adult-Use Cannabis Dispensing Organization); Section G (Adult-Use Cannabis Infuser Organization); Section H (Adult-Use Cannabis Processing Organization); or Section I (Adult-Use Cannabis Transporting Organization), as applicable.
9. Other criteria determined to be necessary to assess compliance with Chapter 2, Article D (Special Uses) of this Title.
D. 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:
1. Facility may not be located within 1,500 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 within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.
3. 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 Craft Grower shall be classified as “For building and other enclosed structures” per Section 8-4D-7 (Schedule B of Off-Street Parking Requirements), provided, however, that the County may require that additional parking be provided as a result of the analysis completed through Section C. (Adult-Use Cannabis: Special Use) herein.
5. Petitioner shall file an affidavit with the County affirming compliance with Section D. as provided herein and all other requirements of the Act.
E. 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:
1. Facility may not be located within 1,500 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 within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.
3. 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 Cultivation Centers shall be classified as “For building and other enclosed structures” per Section 8-4D-7 (Schedule B of Off-Street Parking Requirements), provided, however, that the County may require that additional parking be provided as a result of the analysis completed through Section C. (Adult-Use Cannabis: Special Use) herein.
5. Petitioner shall file an affidavit with the County affirming compliance with Section E. as provided herein and all other requirements of the Act.
F. 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:
1. Facility may not be located within 1,500 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 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
3. At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in Section F.5. below in the same tenant space.
4. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
5. On site consumption of cannabis shall be prohibited.
6. For purposes of determining required parking, said facilities shall be classified as “Retail establishment” per Section 8-4D-7 (Schedule B of Off-Street Parking Requirements), provided, however, that the County may require that additional parking be provided as a result of the analysis completed through Section C. (Adult-Use Cannabis: Special Use) herein.
7. Petitioner shall file an affidavit with the County affirming compliance with Section F as provided herein and all other requirements of the Act.
G. 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 1,500 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 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
3. At least 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, said facilities shall be classified as “For building and other enclosed structures” per Section 8-4D-7 (Schedule B of Off-Street Parking Requirements), provided, however, that the County may require that additional parking be provided as a result of the analysis completed through Section C (Adult-Use Cannabis: Special Use) herein.
5. Petitioner shall file an affidavit with the County affirming compliance with Section G as provided herein and all other requirements of the Act.
H. 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:
1. Facility may not be located within 1,500 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 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
3. At least 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, said facilities shall be classified as “For building and other enclosed structures” per Section 8-4D-7 (Schedule B of Off-Street Parking Requirements), provided, however, that the County may require that additional parking be provided as a result of the analysis completed through Section C (Adult-Use Cannabis: Special Use) herein.
5. Petitioner shall file an affidavit with the County affirming compliance with Section H as provided herein and all other requirements of the Act.
I. 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:
1. Facility may not be located within 1,500 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 250 feet 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, said facilities shall be classified as “For building and other enclosed structures” per Section 8-4D-7 (Schedule B of Off-Street Parking Requirements), provided, however, that the County may require that additional parking be provided as a result of the analysis completed through Section C (Adult-Use Cannabis: Special Use) herein.
5. Petitioner shall file an affidavit with the County affirming compliance with Section I as provided herein and all other requirements of the Act.
J. Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its 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.
K. Co-Location of Cannabis Business Establishments. The County may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Special Use criteria within the Jo Daviess County Zoning Regulations. In a co-location, the floor space requirements of Section F. 3 and G. 3 shall not apply, but the co-located establishments shall be the sole use of the tenant space.
(Ord. 2019-4, 12-10-2019)