A. An Adult-Use Cannabis Dispensing Organization may only be located and permitted in an Agricultural-1 (AG-1) District, Agricultural-2 (AG-2) District, Commercial-1 (C-1) District, Commercial-2 (C-2) District, Industrial-1 (I-1) District, Industrial-2 (I-2) District, or Industrial-3 (I-3) District, but only when authorized and approved as a Special Use by the City Council after public hearing and recommendation by the Plan Commission.
Notwithstanding anything contained in this Chapter, only one (1) Special Use permit for an Adult-Use Cannabis Dispensing Organization shall be issued and in effect within the City at the same time, unless and until the City Council would affirmatively vote, in their sole discretion, to increase the number of said Special Use permits.
B. In determining whether to grant such Special Use the following components of a proposed Adult-Use Cannabis Dispensing Organization (also referred to in this Chapter as “such retail facility”) shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties including the following factors:
1. The impact of such retail facility on existing or planned uses located within the vicinity of the subject property.
2. The proposed structure in which such retail 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. The hours of operation and anticipated number of customers/ employees.
4. The anticipated parking demand and available private parking supply.
5. The anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
6. The site design, including access points and internal site circulation.
7. The proposed signage plan.
8. The compliance with all requirements provided in paragraph C. of Section 10-16-3 following, as applicable.
9. Such other criteria determined to be necessary to assess compliance with this Chapter.
C. A Special Use permit for an Adult-Use Cannabis Dispensing Organization retail facility (also referred to herein as “such retail facility”) as may be permitted in the zoning districts described in above paragraph A of Section 10-16-3 shall also be subject to the following additional requirements, restrictions, and conditions:
1. Such retail facility shall not be located within two hundred fifty feet (250') 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, public park, or public library. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this subparagraph.
2. Such retail facility shall not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.
3. At least Seventy-Five Percent (75%) of the floor area of any tenant space occupied by such retail facility shall be devoted to the activities of such retail facility as authorized by the Act, and no such retail facility shall sell food for consumption on the premises other than as authorized in paragraph 5 below in the same tenant space.
4. Such retail facility shall not conduct any sales or distribution of cannabis other than as authorized by the Act.
5. Such retail facility shall not permit or allow or host any on-site consumption of cannabis.
6. Such retail facility shall provide for one off street parking space per 100 square feet of floor area; provided, however, that the City may require that additional parking be provided as a result of the analysis completed under this Chapter.
7. No Special Use shall be changed except by authorization of the City Council after a public hearing and recommendation by the Plan Commission.
8. A Special Use as described herein shall be limited solely to the sole record title owner(s) and tenant(s) of such retail facility to be granted such Special Use who exist as of the time of the granting of such Special Use under this Chapter. As a condition prerequisite for the granting and maintenance of such Special Use, any operator of such retail facility who is not the record title owner of said property granted such special use must have at the time of the granting of such Special Use and maintain thereafter a written lease with such existing owners for such retail facility that is the subject of the Special Use. Such operator shall provide a copy of such written lease agreement to the City with the application for a Special Use under this Chapter.
9. A Special Use as described herein shall also terminate, without further action, immediately upon any of said existing record title owners, and/or tenants, and/or operators leasing or subletting or assigning in whole or in part such retail facility to anyone other than to said existing record title owners and/or said existing tenants of such retail facility granted such Special Use.
10. A Special Use as described herein shall also terminate, without further action, immediately upon any future transfer of ownership, in whole or in part, of said property granted such Special Use to anyone other than to one of the existing record title owners of such retail facility granted such Special Use or to their respective heirs or testamentary devisees.
11. A Special Use as described herein shall also, without further action, immediately terminate: a) upon the exercise of any other use of any kind, nature, or extent whatsoever on the property granted such Special Use under; or b) upon the exercise of any other use not permitted in such zoning district where such retail facility is located; or c) upon the majority affirmative vote of the City Council, exercised in its sole discretion, upon any violation of any one or more of the terms, restrictions, provisions, or conditions of a Special Use, as described herein.
12. Any and all other requirements, restrictions, or conditions as the City Council believes necessary or appropriate and directs to further the purposes of such zoning districts and to address any one or more or all of the factors set forth in this Chapter.
13. A Special Use as described herein shall also immediately terminate, without further action, if a Five Thousand Dollar ($5,000.00) annual nonrefundable renewal fee is not paid to the City on each 12-month anniversary date of the initial issuance of the Special Use permit.
14. The applicant for a Special Use permit shall file an affidavit with the City affirming compliance with a Special Use that may be granted under this Chapter and compliance with any and all other applicable requirements of the Taylorville City Code. (Ord. 4105, 5-16-2022)