All policies, procedures and standards of § 154.213 (concerning special permitted uses) shall apply, except as otherwise noted in this section. In addition to other information that may be required of a zoning petition by the Zoning Administrator, the petition for a special permitted use under this section shall include:
(A) Relevant parties. The name(s), address(es), and phone numbers(s) of the owner(s), operator(s) and agents(s) of the cultivation center or dispensary.
(B) Site plan. A site plan of the cultivation center or dispensary, drawn to scale, showing:
(1) The boundaries of the facility site and parcel on which the facility will be located;
(2) The nature of the structure to be used for the purpose of cannabis production or distribution;
(3) That the facility meets the conditions for an enclosed, locked facility;
(5) All locally required perimeter setback lines;
(6) Public access roads and the location of access drives into the site with respect to their creating traffic or security hazards;
(7) The location of all existing structures on the site, with their uses identified;
(8) Current uses, zoning, public roads and structures adjacent to the site;
(9) The location of proposed video surveillance equipment;
(10) The proposed lighting of the premises;
(11) The proposed signage for the premises;
(12) The location, height and nature of any fences or any other barriers meant to provide security for the site;
(13) The nature and adequacy of supervision and security at the site.
(C) Setbacks. Evidence demonstrating that the cultivation center or dispensing organization would meet all requirements of state law regarding setbacks required in 410 ILCS 130/1 and 410 ILCS 705/1-1 et seq., and any implementing regulations of the same.
(D) State fees. Evidence demonstrating that all state required fees have been or can be paid.
(E) Limitation of liability. At the time of submission of a zoning petition under this section, the petitioner shall submit a written acknowledgment that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the village and its employees and agents, including that: the village shall not be liable to the cultivation center or dispensing organization, the cultivation center’s or the dispensing organization’s employees, qualifying patients or caregivers, qualifying patient’s or caregiver’s employer or employees, family members or guests, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used pursuant to the Illinois Compassionate Use of Medical Cannabis Program Act and the Illinois Cannabis Regulation and Tax Act, including, but not limited to, the following: arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or the dissolution of use or any subsequent change in zoning.
(F) Provision of notice. At the time of submission of a zoning petition under this section, the petitioner shall submit a signed statement, certifying that the petitioner has actual notice that, notwithstanding state law and any action by the village, that:
(1) Cannabis is a prohibited Schedule I controlled substance under federal law;
(2) Participation in either the Illinois Compassionate Use of Medical Cannabis Program Act or the Illinois Cannabis Regulation and Taxation Act is permitted only to the extent provided by the strict requirements of the acts and subsequent implementing regulations;
(3) Any activity not sanctioned by the Illinois Compassionate Use of Medical Cannabis Program Act or the Illinois Cannabis Regulation and Taxation Act, and subsequent implementing regulations, may be a violation of state law and may result in the revocation of zoning;
(4) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;
(5) Use of cannabis may affect an individual’s ability to receive federal or state licensure in other areas;
(6) Use of cannabis, in tandem with other conduct, may be a violation of state or federal law;
(7) Participation in the Illinois Compassionate Use of Medical Cannabis Program Act, the Illinois Cannabis Regulation and Taxation Act, or approval of zoning by the village does not authorize any person to violate federal or state law and, other than as set out in Section 25 of the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/25), the Illinois Cannabis Regulation and Tax Act, and does not provide any immunity from or affirmative defense to arrest or prosecution under federal or state law; and
(8) Petitioners for the zoning of cultivation centers, craft growers, infusers or dispensaries by the village shall indemnify, hold harmless, and defend the village for any and all civil or criminal
penalties resulting from participation in the Illinois Compassionate Use of Medical Cannabis Program Act, the Illinois Cannabis Regulation and Tax Act.
(Ord. 1872, passed 11-4-2019)