Cannabis businesses are prohibited in the City of Monticello, except for medical cannabis businesses in compliance with the requirements of this chapter.
(A) Application requirements. In addition to all other applicable conditional use application requirements, a medical cannabis business applicant must submit all documents requested by the Building and Zoning Administrator for evaluation under the applicable conditional use standards, which may include:
(1) A complete copy of all applications and plans submitted for required state licenses;
(2) An air treatment and odor control plan;
(3) A security plan;
(4) An inventory control plan;
(5) A floor plan;
(6) A traffic study;
(7) A plan for the recycling and destruction of cannabis waste;
(8) A site plan for the proposed medical cannabis business, and for any medical cannabis dispensary, showing adequate public access, the layout promotes the safe dispensing of cannabis, the location is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, accessible entry and exits as required by the Americans with Disabilities Act, product handling, and storage; and
(9) A recoverable costs agreement, in a form acceptable to the Building and Zoning Administrator, to reimburse the city for the actual costs incurred in processing the application, including costs for legal publication, court reporter services, administrative preparation and review, document preparation and review, professional and technical consultants, legal review and consultation, and document recording.
(B) Conditions. In addition to all other conditions the City Council imposes on a conditional use approval, medical cannabis businesses must comply with the following conditions:
(1) Compliance with state regulations and rules. All medical cannabis businesses must comply with all applicable state and local laws, including the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.
(2) Compliance with plans. The development, use, operation, and maintenance of the medical cannabis business will be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the Building and Zoning Administrator in accordance with all applicable city rules, regulations, and ordinances.
(3) Minimum distance limits. In addition to all state-imposed minimum distance limits, any building used for a medical cannabis business may not be located within the following distances of a pre-existing protected use:
Public or Private
|
Protected Use
|
Medical Cannabis Cultivation Center
|
Medical Cannabis Dispensary
|
Public or Private
|
Protected Use
|
Medical Cannabis Cultivation Center
|
Medical Cannabis Dispensary
|
Day Cares | |||
Public and private | Day care center | 2,500 feet | 1,000 feet |
Public and private | Day care home | 2,500 feet | 1,000 feet |
Public and private | Group day care home | 2,500 feet | 1,000 feet |
Public and private | Part day child care facility | 2,500 feet | 1,000 feet |
Green Space | |||
Public and private | Cemetery | 1,000 feet | 1,000 feet |
Public | Forest preserve | 1,000 feet | 1,000 feet |
Public | Park | 1,000 feet | 1,000 feet |
Place of Worship | |||
Private | Place of worship | 1,000 feet | 1,000 feet |
Schools | |||
Public and private | Preschool | 2,500 feet | 1,000 feet |
Public and private | Elementary school | 2,500 feet | 1,000 feet |
Public and private | Secondary school | 2,500 feet | 1,000 feet |
(4) Prohibited locations. A medical cannabis dispensary may not be located in a house, apartment, or condominium.
(5) Security. In addition to all state-imposed security requirements, the City Council may require a medical cannabis business to provide sufficient additional safeguards in response to any special security concerns.
(6) Air treatment. In addition to all state-imposed air treatment requirements, the City Council may impose additional air treatment requirements on a medical cannabis business to promote compliance with city nuisance and other ordinances.
(7) Traffic. The City Council may impose conditions requiring the design of the medical cannabis business to minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.
(8) Cannabis waste. All medical cannabis businesses must comply with all state, county, and city regulations governing cannabis waste.
(9) Hours of operation. Unless otherwise prescribed by state law, the City Council may impose hours of operation for a medical cannabis business as a condition of any conditional use permit to reduce conflicts with surrounding land uses.
(10) Drive-through windows. Medical cannabis dispensaries may not operate drive-through windows.
(11) On-premises consumption. No medical cannabis business may allow the smoking, inhalation, or consumption of cannabis in any form anywhere inside or outside the building on its property. A sign, at least 8.5 by 11 inches, shall be posted inside the medical cannabis business in a conspicuous place visible to patrons and employees stating: "Smoking, eating, drinking, and other forms of consumption of cannabis products are prohibited on the premises of this establishment."
(12) Principal use. Medical cannabis businesses are only permitted as a principal use and are not allowed as an accessory or temporary use.
(13) State license. Before issuance of a certificate of occupancy or otherwise opening to the public, medical cannabis businesses must file a copy of all required state licenses with the Building and Zoning Administrator. Medical cannabis businesses must maintain all required state licenses in effect at all times and keep satisfactory proof thereof on file with the Building and Zoning Administrator.
(14) Non-transferability. Unless otherwise expressly provided by ordinance, the privileges, obligations, and provisions of a conditional use permit for a medical cannabis business:
(a) Are for the sole benefit of and will be binding on the applicant; and
(b) May not be transferred to any other person or entity without a new application for approval for a person or entity other than the applicant.
(15) Inspections. When reasonable cause of a violation exists, all medical cannabis businesses are subject to inspections by the Building and Zoning Administrator with the assistance of the City Attorney, the Police Department, or other city agents and employees.
(Ord. 2020-42, passed 8-24-2020)