(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. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (Public Act 101-0027) (Act), being 410 ILCS 705/1-1 et seq., 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) (1) 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:
(a) Facility may not be located within 1,000 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;
(b) Facility may not be located within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;
(c) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act; and
(d) For purposes of determining required parking, adult-use cannabis craft grower shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (one space for each four employees) (schedule of off-street parking requirements: industrial uses).
(2) 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:
(a) Facility may not be located within 1,000 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;
(b) Facility may not be located within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;
(c) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act; and
(d) For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (one space for each four employees) (schedule of off-street parking requirements: industrial uses).
(3) 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:
(a) Facility may not be located within 1,000 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;
(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;
(c) 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 by state law;
(d) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act;
(e) Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division (B)(7) below shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in this chapter;
(f) For purposes of determining required parking, said facilities shall be classified as “Retail/Service Sales” per § 154.057(I) (schedule of off-street parking requirements: commercial uses); and
(g) No more than one adult use cannabis dispensary organization may be located in the village.
(4) 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:
(a) Facility may not be located within 1,000 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;
(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;
(c) 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; and
(d) For purposes of determining required parking, said facilities shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (schedule of off-street parking requirements: commercial uses).
(5) 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:
(a) Facility may not be located within 1,000 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;
(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;
(c) 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; and
(d) For purposes of determining required parking, said facilities shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (schedule of off-street parking requirements: commercial uses).
(6) 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:
(a) Facility may not be located within 1,000 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;
(b) Facility may not be located in a dwelling unit or within 200 feet of the property line of a pre-existing property zoned or used for residential purposes;
(c) 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; and
(d) For purposes of determining required parking, said facilities shall be classified as “wholesale manufacturing and industrial plants” per § 154.057(O) (schedule of off-street parking requirements).
(7) Additional requirements. Petitioner shall install building enhancements, such as security
cameras, lighting or other improvements 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.
(Ord. 19-09-04, passed 9-10-2019; Ord. 22-11-01, passed 11-28-2022) Penalty, see § 154.999