(A) Applicability. It is the intent and purpose of this section to provide regulations for Recreational and Medical Cannabis Dispensing Facilities within the Village of Lakemoor. Said facilities shall comply with all regulations provided within the Cannabis Regulation and Tax Act (P.A. 101-0027) and the Compassionate Use of Medical Cannabis Program Act (P.A. 98-122), as it may apply to each, and as may be amended from time to time, as well as the regulations provided in the Village of Lakemoor Municipal Code. If the Act is amended, the more restrictive of the state or local regulation shall apply.
(C) Additional conditional use standards. In addition to the development and dimensional standards outlined within the zoning ordinance, the following standards shall also be required as part of the conditional use review process:
(1) Land use restrictions. The following restrictions shall apply:
(a) Recreational cannabis processing organizations, recreational cannabis infuser organizations, and recreational cannabis transportation organizations shall be prohibited.
(b) A cannabis dispensary facility may not be located within a residential dwelling unit and may not be located within 100 feet of a building used as a residential dwelling unit or within 500 feet of the property line of a pre-existing public or private day-care, nursery school, preschool, or primary or secondary school. Distances shall be measured in a straight line, without regard to intervening structures or objects.
(c) A cannabis dispensary facility must be at least 1,500 of the property lines of a pre-existing recreational or medical cannabis dispensary facility. Distances shall be measured in a straight line, without regard to intervening structures or objects.
(d) No cannabis dispensary facility shall allow the smoking, inhalation, or consumption of cannabis on the premises in any form. A sign, with the dimensions of 11 by 17 inches in size, shall be posted inside said facility in a conspicuous and visible place to patrons and employees, and shall include the following language; “Smoking, eating, drinking or other forms of consumption, tasting, or sampling of cannabis products is prohibited on the premises of this establishment.”
(2) Operations plan. A business operations plan shall be required and shall include but shall not be limited to a description on; business operation, product inventory, hours of operation, number of employees, and delivery operations.
(3) Business restrictions. Drive-through window, vending machines dispensing adult use cannabis or medical cannabis, and/or the transporting of adult use or medical cannabis from a dispensary facility to a residence or other location where purchasers may be located for delivery shall be prohibited.
(4) Age and access limitations. Recreational or medical cannabis dispensing facility may only operate between the hours of 6:00 a.m. and 10:00 p.m., local time. Dispensaries shall prohibit any person who is under the age of 21 from entering the facility, except for cardholders over 18 years of age who are granted medical access under the Compassionate Use of Medical Cannabis Act.
(5) Additional site plan requirements. Recreational or medical cannabis dispensary facilities shall be subject to site plan review as required by Village Code. The Village may impose additional bulk standards (i.e. building and pavement setbacks, FAR, Lot coverage, building height, etc), landscaping, off-street parking, off-street loading, exterior lighting, and signage requirements.
(6) State licensing. Applicants seeking conditional use approval for a cannabis dispensing facility must submit a copy of their license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their conditional use application. Before issuance of a certificate of occupancy or otherwise opening to the general public, cannabis business establishments must provide a copy of their license to operate from the relevant state agency. If at such time, the applicant is unable to provide the village with their required license to operate said facility, the underlying conditional use approval shall be null and void.
(7) Compliance with state regulations and rules. All recreational cannabis dispensary or medical cannabis dispensary shall comply with the Cannabis Regulation Tax Act, as amended, and the compassionate use of medical cannabis program act, as amended, as it may apply to each use, and all rules and regulations adopted in accordance thereto.
(8) Odor control. Applicants seeking to operator a cannabis cultivation center must provide an odor control plan that complies with Village Code and includes details and improvements needed to mitigate odor impacts on adjoining properties.
(9) Off street parking and loading. Off street parking shall be located on areas of the property that is visible to a public or private street. Required off street parking shall be a minimum of four spaces per 1,000 square feet of floor area, plus as many spaces as deemed necessary by the village to meet the parking demand of the facility. Each dispensary shall provide one enclosed delivery bay capable of accommodating a delivery vehicle. Deliveries shall only occur between 7:00 a.m. and 9:00 p.m., local time.
(10) Traffic study. A traffic and parking study from a Certified Traffic Engineer shall be required for each new application. This report shall analyze access (design, location, and level of service), on-site circulation, anticipated/projected trip generation and distribution, parking supply and demand, and impacts to the surrounding roadway network.
(11) Refuse collection plan. All applications for conditional use shall provide a refuse collection plan for recycling and destruction of cannabis waste in a manner that is consistent with all applicable state, county, and village codes, regulations and policies.
(12) Exterior display. No cannabis dispensary facilities may maintain or operate in a manner that causes, creates, or allows the public viewing of recreational or medical cannabis or cannabis paraphernalia or similar products from any public or private sidewalk, street, road, or drive aisle, or any property that abuts the lot/parcel on which the dispensary is located upon.
(13) Signage. With the exception listed below, the number, size, and type of signs allowed shall comply with the standard set forth in the sign regulation section of the village's zoning ordinance. Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth or language referencing cannabis. Advertisement and/or signage that incorporates similar imagery as noted above and placed on vehicles that are associated with or employed by the dispensary shall be prohibited.
(14) Security plan. All recreational cannabis dispensary facilities or medical cannabis dispensary facilities must submit a security plan as part of the conditional use process. This plan, must be approved by the Chief of Police and shall include, but shall not be limited to the following:
(a) Each dispensary shall be an enclosed locked facility. Each dispensary shall provide an maintain adequate security on the entire property on which it is located, including lighting video surveillance, security personnel, and alarms reasonably designed to ensure the safety of persons and to protect the site from theft.
(b) The dispensary parking area, client/customer entrance, sales area, back room, storage areas, parking lots, delivery bay or loading berth, and employee entrance, shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper proof format.
(c) A sign shall be posted in a prominent location which includes the following language; “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons.”
(d) Each dispensary shall report all criminal activities occurring on the property to the Lakemoor Police Department immediately upon discovery.
(Ord. 20-O-03, passed 3-3-2020)