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 Shorewood. 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, as permissible under state law.
B. General: The following regulations apply to all Adult-Use Cannabis Business Establishments.
1. Establishments shall not be located within a dwelling unit.
2. Establishments may not conduct any sales or distribution of cannabis other than as authorized by the Act.
3. No Dispensing Organization shall:
a. Be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home, place of worship or park as measured from property line to property line for properties where there is only one business on the lot and as measured to the nearest portion of the building to be used for a Dispensing Organization when the use is located within a multi-tenant building or on a multi-use lot;
b. Be located within two hundred fifty (250) feet of a property zoned for residential use as measured from property line to property line for properties where there is only one business on the lot and as measured to the nearest portion of the building to be used for a Dispensing Organization when the use is located within a multi-tenant building or on a multi-use lot; and
c. Sell food for consumption on the premises.
4. With the exception of Transporters, at least 75% of the floor area of any tenant space occupied by a cannabis business establishment shall be devoted to the activities of that specific cannabis business establishment as authorized by the Act. The transporting organization shall be the sole use of the tenant space in which it is located.
5. The Village 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 Conditional Use criteria. In a co-location, the floor space requirements of Section B.4 shall not apply, but the co-located establishments shall be the sole use of the tenant space.
6. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the Act and Conditional Use approval, 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.
7. Petitioner shall file an affidavit with the Village affirming compliance with this Section and all other requirements of the Act.
8. Establishments shall register the business annually pursuant to Title 3, Chapter 1 of this Code.
C. Parking:
1. For purposes of determining required parking, the business establishments shall be classified as follows in accordance with Section 10-8-4, Schedule of Parking Requirements:
a. Adult-Use Cannabis Craft Growers, Cultivation Centers, Infusers and Processors shall be classified as "Food Manufacture, Packaging and Processing."
b. Adult-Use Cannabis Dispensing Organizations shall be classified as "Retail, General."
c. Adult-Use Cannabis Transporters shall be classified as "Cartage and Express Facilities."
2. The Village may require that additional parking be provided as a result of the analysis completed through Section 10-3-34.D, Adult-Use Cannabis Business Establishment Components, herein.
D. Adult-Use Cannabis Business Establishment Components: In determining compliance with Section 10-12-4, Conditional Uses, of this Title, the following components of the Adult-Use Cannabis Business Establishment shall be evaluated based on the entirety of the circumstances affecting the subject 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 employees and customers.
4. Anticipated parking demand based on Section 10-8-4, Schedule of Parking Requirements, 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 and conformance with Chapter 10, Sign Regulations, of this Title.
8. Compliance with all requirements provided in Section 10-3-34B, Adult-Use Cannabis, as applicable.
9. Other criteria determined to be necessary to assess compliance with Section 10-12-4, Conditional Uses, of this Title. (Ord. 20-1978, 7-14-2020)