A. Purpose: In addition to those uses permitted by right in each district, there are certain other uses which may be permitted by conditional use permit, subject to the provisions in this section. These conditional uses require particular consideration of surrounding uses and zoning districts and their impact upon the planned and orderly development of the neighboring property and the Village.
B. Location: Particular conditional uses may be permitted in zoning districts as shown in section 10-4-4, table 1 of this title.
C. Standards For All Conditional Uses: The Village Board may authorize a conditional use as provided herein upon determining and finding as fact, the following:
1. Public Convenience: That the proposed use is necessary or desirable at the location involved to provide a service or facility which will further the public convenience and contribute to the general welfare of the neighborhood or community.
2. Not Detrimental To Property: That the proposed use will not be detrimental to the value of other properties or improvements in the vicinity.
3. Compliance With Regulations: That the proposed use will comply with the regulations of the zoning districts in which it is located and this title generally, including, but not limited to, all lot, yard and bulk regulations, parking and loading regulations, sign control regulations, floodplain regulations and all other applicable ordinances.
4. Stipulations And Conditions: That the proposed use shall conform to any stipulations or conditions made a part of a conditional use permit issued for such use.
5. Specific Conditional Uses: That the proposed use shall conform to the regulations established for specific conditional uses as provided in this section. (Ord. 91-341, 4-2-1991)
6. Public And Private Utilities, Public Services: Buildings, structures, and transmission lines not designed primarily for local service only, including, but not limited to, water, sewerage, gas, telephone, and/or electric utilities; and police, fire, radio, and television stations, including broadcasting antennas shall be permitted only a conditional use and shall comply with subsections C1 through C5 of this section and with the following:
a. Jurisdictional Approval: Applications for permission to operate waterworks or sewage treatment plants shall be accompanied by a report and a recommendation from all governmental entities having jurisdiction. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling, and standards for the quality of effluent shall be incorporated in the conditional use permit.
b. Lot Area And Location: The required lot area and location shall be specified as part of the conditional use permit and be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.
c. Fencing Or Screening: If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings.
d. Performance Standards: The proposed structure or use shall satisfy the performance standards set forth in Section 10-5-1 of this Chapter. (1996 Code)
D. Application: Application for a conditional use permit shall be made to the Village Clerk in writing by the owner of the property in question and shall be accompanied by:
2. Additional information as required in this Section.
E. Standards For Specific Conditional Uses: In addition to the general standards for conditional uses established above, the following conditional uses shall comply with the specific standards herein established:
1. Airports And Heliports:
a. The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Administration and the Illinois Department of Aeronautics for the class of airport proposed in accordance with their published rules and regulations.
b. Any building, hangar or other structure shall be at least three hundred feet (300') from any street or property line.
c. There shall be an adequate number of off-street parking spaces. The off-street parking design shall be reviewed for approval by the Village.
d. If airport zoning is not in effect:
(1) Any proposed runway or landing strip shall be situated so that the approach zones are free of any flight obstructions such as towers, chimneys, other tall structures or natural obstructions outside the airport site.
(2) There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Administration. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, satisfactory evidence thereof shall be submitted with the application. The Village may require and the developer shall submit any environmental assessments, noise studies, traffic studies or similar impact or operating studies or projection prepared by the developer or owner and submitted to either the Federal Government or the State in order to obtain any licenses, permits or grants. In the absence of such studies, the Village may request same.
2. Automobile Wrecking Yard:
a. The site, its size, topography, location, boundaries and surrounding uses shall be such that the site can, as a practical matter, be screened from the public view, from any collector or larger street and from any adjoining residential district in accordance with the standards provided below. Any site which fails to meet this standard shall not be considered.
b. Any automobile wrecking yard, junkyard, scrapyard or salvage yard for which permission is granted under this Section shall at all times be subject to the performance standards established for the LI Zoning District.
c. All outdoor storage areas shall be screened or fenced with a solid fence at least six feet (6') but no more than eight feet (8') in height, earth berms or enclosed with a dense evergreen growth at least six feet (6') in height. Storage or placement of wrecked vehicles or other salvage of any type between the street and such fence or screen is expressly prohibited.
d. Any junk or salvage yard which offers to the public at retail any new or used merchandise shall provide at least two (2) parking spaces in an off-street parking lot per one hundred (100) square feet of retail floor space.
3. Camp, Day Or Youth:
a. Application for permission to construct or operate a day camp or youth camp shall be accompanied by a report and recommendation from the Lake County Health Department.
b. The site for any day or youth camp shall include a usable outdoor recreation area of not less than one acre per fifty (50) persons for which other facilities are provided. The recreation area shall not be part of any required yard.
c. In addition to the front yard required in the zone in which the camp is located, there shall be two (2) side yards and a rear yard of at least fifty feet (50') each.
d. All outdoor recreation areas within two hundred feet (200') of a street or boundary line shall be fenced.
e. No outdoor recreation apparatus or play field shall be located in any required yard.
4. Camp, Commercial Recreational:
a. The facilities of any commercial recreational camp shall be approved by the Lake County Health Department before such camp begins operation.
b. Inspections shall be made from time to time by the Lake County Health Department and by the Village to assure that facilities continue to meet the requirements of all applicable Village ordinances and regulations.
c. No structures on the camp site or camping trailers shall be used as permanent living quarters unless such structure meets all the requirements of the Building Codes of the Village 2 . (Ord. 91-341, 4-2-1991)
5. Child Care Facility:
a. Applications for permission to construct or operate a child care facility shall be accompanied by copies of all valid permits issued and required by the State of Illinois, Department of Children and Family Services and any other applicable County, State or Federal agency. If such permits cannot be obtained prior to the time of application, the application shall be accompanied by a report from the appropriate licensing agency, if any, stating how the applicant intends to meet these requirements. (Ord. 91-341, 4-2-1991; 1996 Code)
b. Applications for permission to construct or operate a child care facility shall be accompanied by a report and recommendation from the Lake County Health Department.
c. There shall be a minimum of one hundred (100) square feet of safe, outdoor play area for every child for which the facility is licensed to accommodate.
d. There shall be a minimum of thirty five (35) square feet of usable indoor floor area for every child for which the facility is licensed to accommodate. Usable floor area does not include administrative space, storage areas, bathrooms, hallways, kitchen or other areas that are not used for direct activities with children.
e. All outdoor play areas shall be fenced.
f. No outdoor play apparatus or play field shall be located in any required yard.
g. Any child care facility intended or licensed to accommodate more than fifty (50) children shall take access only from arterial or collector roads.
h. Nothing contained within this Title shall prohibit the establishment or operation of a noncommercial child day care facility which has been licensed by the State and is accessory and incidental to a principal commercial or industrial use. As a noncommercial accessory use, the day care facility shall accommodate only the children of persons employed on the premises or shall accommodate children only on an irregular basis solely for the convenience of the patrons of the principal use.
6. Cemetery:
a. The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets, including the enlargement of existing streets in the vicinity. In addition, the site shall have direct access to a public thoroughfare.
b. Any new cemetery shall be located on a site containing at least ten (10) acres.
c. All burial buildings shall be set back at least eighty feet (80') from any street bounding the cemetery and at least fifty five feet (55') from all side and rear lot lines. A burial building is any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults or columbaria.
d. All graves or burial lots shall be set back at least thirty feet (30') from any street bounding the cemetery and at least twenty five feet (25') from all side and rear lot lines.
e. Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently occupied. Any expansion to land not occupied at the time of adoption of the Ordinance codified in this Title must comply with the requirements of this subsection subsequent to the issuance of a conditional use permit.
f. Adequate parking shall be provided on the site and no cemetery parking shall be permitted on any public street. (Ord. 91-341, 4-2-1991; 1996 Code)
7. Extraction Of Earth Products:
a. An application for extractive operations shall be accompanied by a map, drawn at a scale of one inch equals one hundred feet (1" = 100') or larger showing the following:
(1) Existing topography at two foot (2') or more frequent contour intervals.
(2) Locations of watercourses and drainage systems.
(3) An outline of the area to be excavated.
b. An additional map(s) drawn at the same scale shall show a general plan for proposed operations and rehabilitation of the site including the following:
(1) The locations of proposed watercourses and drainage systems including lakes, ponds and retention areas.
(2) The sequence of operations and the schedule of rehabilitation measures.
(3) The proposed locations of sorting, grading, crushing and similar equipment necessary to the operation and initial distribution of stockpiles.
(4) The proposed locations of any buildings, scale house, equipment storage areas and equipment repair sheds or areas.
(5) Site rehabilitation plans shall include proposed future land uses, proposed roadways, park lands and recreational features.
c. The operation and rehabilitation of extractive products areas shall be in accordance with the following conditions:
(1) Excavation shall not take place within a minimum of one hundred feet (100') of any boundary line. Where deep quarrying (30 feet or more) is planned, boundary setbacks shall be a minimum of one hundred fifty feet (150') or shall conform to State reclamation standards.
(2) Buildings, structures and storage or repair areas shall be located in conformance with yard requirements of the zone in which they are located.
(3) Access ways and roads shall be maintained in a dust-free condition either by oiling or by spraying with calcium chloride.
(4) Perimeter roads shall be buffered from extraction activities with earth mounds at least ten feet (10') in height which store topsoil. Mounds shall be planted with grass or other suitable material, such as viburnum, as an erosion retardant.
(5) All truckloads of extracted materials removed from the site shall be covered with tarpaulins in conformance to State standards to ensure public safety and prevent damage to individuals or other vehicles.
(6) All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements, and damage to any street by slides, sinking or collapse of supporting soil adjacent to an excavation. All operations shall be fenced. No extractive operation shall be conducted in a manner so as to lower the water table on surrounding properties.
(7) No excavation, removal or fill shall be permitted if the finish conditions would contain the following:
(A) Deep pits having side slopes of greater than thirty degrees (30°).
(B) Serious on site erosion problems or erosion problems which could extend to neighboring properties.
(C) Undrained depressions other than artificial lakes or drainage problems which adversely affect neighboring properties. (Ord. 91-341, 4-2-1991)
(8) No processing and stockpiling operations shall be conducted closer than six hundred sixty feet (660') from any SE (suburban estate), SR (suburban residential), or SD (southeast district) district or within six hundred sixty feet (660') of any public or private educational facility. All processing operations should be enclosed whenever possible and shall be enclosed whenever the operation is to be for a larger period of time than nine (9) months. Stockpile areas shall be screened from view.
No extraction operations shall be conducted in such a manner that the groundwater table of surrounding properties is lowered. This determination is to be made from data secured from testing wells installed, located, operated and maintained by the operator on the perimeter of the excavation site. (Ord. 2009-794, 11-3-2009)
d. Conditional use permits for the extraction of earth products shall be issued for a period of time not to exceed ten (10) years. Such permits are renewable for additional five (5) year periods.
e. A corporate surety bond or guaranteed letter of credit shall be furnished to the village to assure compliance with the approved rehabilitation map. The bond or letter of credit shall be in the amount of one thousand dollars ($1,000.00) per acre, whichever is greater, for the completion of operations and the rehabilitation of the tract.
8. Public And Private Utilities And Services:
a. Lot Area And Location: The required lot area and location shall be specified as part of the conditional use permit and be determined in relation to the proposed use, the intensity of such use and the effects of such use upon the environment.
b. Fencing Or Screening: If findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with densely planted evergreen hedge or other shielding material may be required in a manner consistent with such findings. (Ord. 91-341, 4-2-1991)
9. Recreational Vehicle And Recreational Trailer Sales:
a. The minimum lot area shall be four (4) acres.
b. The hours of operation, when the facility is open for business to the public, shall be limited to between seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M.
c. The sale of related goods and services, which are reasonably related to the sale of recreational vehicles or recreational trailers, or are customarily sold with said sales, are permitted as accessory uses to the conditional use.
d. Adequate provisions are made for vehicular ingress and egress, as well as parking.
e. Incidental storage of recreational vehicles or recreational trailers is permitted as an accessory use to the conditional use; provided that said storage is done in a neat and orderly fashion. (Ord. 422, 6-6-1995)
10. Contractor's Office Including Materials And Equipment Storage:
a. The site, its size, topography, location, boundaries and surrounding uses shall be such that the site can, as a practical matter, be screened from the public view, from any street and from any residential district in the area in accordance with the standards provided below. Any site which fails to meet this standard shall not be considered.
b. Any contractor's office, including materials and equipment storage for which permission is granted under this section, shall at all times be subject to the performance standards established for the industrial district as outlined in section 10-5-1 of this chapter.
c. All outdoor storage areas shall be screened or fenced with a solid fence at least six feet (6') but no more than eight feet (8') in height, or earth berms at least six feet (6') in height with dense planting on its slopes.
d. No company trucks, equipment, or materials shall ever be stored temporarily or permanently between the street and any office, structure, accessory building or fence. (Ord. 2008-768, 10-21-2008)
11. Medical Cannabis Cultivation Center:
a. Definitions:
CULTIVATION CENTER: A facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.
ENCLOSED, LOCKED FACILITY: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.
MEDICAL CANNABIS CONTAINER: A sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.
MEDICAL CANNABIS INFUSED PRODUCT: Food, oils, ointments, or other products containing usable cannabis that are not smoked.
b. Location Restrictions: A registered cultivation center may not be located within two thousand five hundred feet (2,500') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, or an area zoned for residential use 3 .
c. Site Plan Review: The use shall be subject to all site capacity calculation and site plan review procedures as required by this title.
d. Compliance With State Regulations And Rules: All medical cannabis cultivation centers shall comply with the compassionate use of medical cannabis pilot program act (public act 098-0122) and all rules and regulations adopted in accordance thereto.
e. Single Use Property: Medical cannabis cultivation centers shall not be established in multiple use or tenant property or on a property that shares parking with other uses.
f. Setbacks: A medical cannabis cultivation center shall be a minimum of one hundred feet (100') from all property lines.
g. Parking: Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by cultivation center staff continually recorded in a tamperproof format.
h. Signage:
(1) All signage for the medical cannabis cultivation center shall be limited to one flat wall sign not to exceed ten (10) square feet in area, and one identifying sign, which can only include the dispensary address, not to exceed two (2) square feet in area; such signs shall not be directly illuminated.
(2) Electronic message boards and temporary signs are not permitted in connection with a cultivation center.
(3) Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts or any realistic or stylized graphical representation of drug paraphernalia.
(4) Signs shall not include any wording that would identify the property as a medical marijuana dispensary or use clinical, botanical or slanging terms for cannabis, cannabis consumption, cannabis intoxication or drug paraphernalia including, but not limited to, "cannabis", "marijuana", "weed", "pot", "420", "joint", "Mary Jane", "ganja", "hash", "herb", "doobie", "bong", "blunt", "bowl", "zoned", "sloshed", "burnt", "stoned", "green day", "reefer", "smoke", "toke", "wacky tobaccy/baccy", "spliff", "roach", "skunk", etc.
i. Age And Access Limitations: It shall be unlawful for any medical cannabis cultivation center to allow any person who is not at least eighteen (18) years of age on the premises. Cultivation centers shall not employ anyone under the age of eighteen (18). Access shall be limited exclusively to cultivation center staff and local and state officials and those specifically authorized under the compassionate use of medical cannabis pilot program act (public act 098-0122).
j. Security And Video Surveillance:
(1) The medical cannabis cultivation center shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft. The facility shall be enclosed by high security fence. The fence must be adequately secure to prevent unauthorized entry and include gates tied into an access control system.
(2) The medical cannabis cultivation center parking area, cultivation, production, warehousing areas and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by cultivation center staff and continually recorded in a tamperproof format.
(3) A sign shall be posted in a prominent location which includes the following language: "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility.".
(4) The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from appropriate local law enforcement officials.
(5) Loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the building.
k. Noxious Odors: All cultivation centers shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control.
l. Conduct On Site:
(1) Retail sales of medical cannabis or medical cannabis infused products are strictly prohibited at medical cannabis cultivation centers.
(2) It shall be unlawful to cultivate, manufacture, process or package any product, other than medical cannabis and cannabis infused products, at a cultivation center.
12. Medical Cannabis Dispensaries:
a. Definitions:
CARDHOLDER: A qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card by the department of public health.
DESIGNATED CAREGIVER: A person who: 1) is at least twenty one (21) years of age; 2) has agreed to assist with a patient's medical use of cannabis; 3) has not been convicted of an excluded offense; and 4) assists no more than one registered qualifying patient with his or her medical use of cannabis.
ENCLOSED, LOCKED FACILITY: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients.
MEDICAL CANNABIS CONTAINER: A sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization.
MEDICAL CANNABIS DISPENSING ORGANIZATION OR DISPENSING ORGANIZATION OR DISPENSARY ORGANIZATION OR DISPENSARY: A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.
MEDICAL CANNABIS INFUSED PRODUCT: Food, oils, ointments, or other products containing usable cannabis that are not smoked.
b. Location Restrictions: A dispensing organization may not be located within one thousand feet (1,000') of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, or part day childcare facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use 4 .
c. Site Plan Review: The use shall be subject to all site capacity calculation and site plan review procedures as required by this title.
d. Compliance With State Regulations And Rules: All medical cannabis dispensary establishments shall comply with the compassionate use of medical cannabis pilot program act (public act 098-0122) and all rules and regulations adopted in accordance thereto.
e. Single Use Property: Medical cannabis dispensaries shall not be established in multiple use or tenant property or on a property that shares parking with other uses.
f. Setbacks: A medical cannabis dispensary shall be a minimum of one hundred feet (100') from all property lines.
g. Buffering from other medical cannabis dispensaries: A medical cannabis dispensary shall be a minimum of one thousand feet (1,000') from all other medical marijuana dispensaries measured from the parcel boundaries.
h. Parking:
(1) Parking shall be located in an area which is visible from a public road or a private road that is accessible to the public. It cannot be screened from the roadway with vegetation, fencing or other obstructions.
(2) Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamperproof format.
i. Exterior Display: No medical cannabis dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, medical cannabis infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right of way or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, searchlights or spotlights or any similar lighting system.
j. Signage And Advertising:
(1) All signage for the medical cannabis dispensaries shall be limited to one flat wall sign not to exceed ten (10) square feet in area, and one identifying sign, which can only include the dispensary address, not to exceed two (2) square feet in area; such signs shall not be directly illuminated. Exterior signs on the dispensary building shall not obstruct the entrance or windows on the dispensary.
(2) Electronic message boards and temporary signs are not permitted in connection with a dispensary.
(3) Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts or any realistic or stylized graphical representation of drug paraphernalia.
(4) Signs shall not include any wording that would identify the property as a medical marijuana dispensary or use clinical, botanical or slanging terms for cannabis, cannabis consumption, cannabis intoxication or drug paraphernalia including, but not limited to, "cannabis", "marijuana", "weed", "pot", "420", "joint", "Mary Jane", "ganja", "hash", "herb", "doobie", "bong", "blunt", "bowl", "zoned", "sloshed", "burnt", "stoned", "green day", "reefer", "smoke", "toke", "wacky tobaccy/baccy", "spliff", "roach", "skunk", etc.
(5) A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: "Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering.". The required text shall be no larger than one inch (1") in height.
(6) Any additional merchandise packaging provided by the dispensary, such as bags, sacks, totes or boxes, shall be opaque without text or graphics advertising or identifying the contents of the products contained within.
k. Drug Paraphernalia Sales: Medical cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois drug paraphernalia control act 5 and the compassionate use of medical cannabis pilot program act (public act 098-0122).
l. Age And Access Limitations: It shall be unlawful for any medical cannabis dispensary to allow any person who is not at least eighteen (18) years of age on the premises. Dispensaries shall not employ anyone under the age of eighteen (18). Access shall be limited exclusively to dispensary staff, cardholders, designated caregivers, local and state officials, and those specifically authorized under the compassionate use of medical cannabis pilot program act (public act 098-0122).
m. Hours Of Operation: Medical cannabis dispensaries shall operate only between eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.
n. Drive-Through Windows: A medical cannabis dispensary may not have a drive-through service.
o. Security And Video Surveillance:
(1) The medical cannabis dispensary shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.
(2) The medical cannabis dispensary parking area, client entrance, sales area, backroom, storage areas and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff, continually recorded in a tamperproof format.
(3) A sign shall be posted in a prominent location which includes the following language: "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons.".
(4) The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from appropriate local law enforcement officials.
(5) A medical cannabis dispensary shall report all criminal activities to the police immediately upon discovery.
(6) Deliveries shall occur during normal business hours within a secure enclosed delivery bay; no delivery shall be visible from the exterior of the building.
p. Conduct On Site:
(1) Loitering is prohibited on the dispensary property.
(2) It shall be prohibited to smoke, inhale or consume cannabis products in the medical cannabis dispensary or anywhere on the property occupied by the dispensary. A sign, at least 8.5 by eleven inches (11"), shall be posted inside the dispensary building in a conspicuous place and visible to a client and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on dispensary property.". (Ord. 2014-919, 3-19-2014)
13. Cannabis Uses:
a. Definitions:
CANNABIS: | Has the same definition as "cannabis" set forth in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS BUSINESS ESTABLISHMENT: | A "cannabis business establishment," "infuser organization," or "infuser", as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended, and such other cannabis business establishments authorized under the Act, as amended. |
CANNABIS DISPENSARY: | Means "dispensing organization" and "dispensary" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS CULTIVATION CENTER: | Means "cultivation center" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS CRAFT GROWER: | Means "craft grower" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS INFUSER: | Means "infuser organization" or "infuser" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS TRANSPORTER: | Means "transporting organization" or "transporter" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS PROCESSOR: | Means "processing organization" or "processer" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
ON-PREMISES CANNABIS CONSUMPTION ESTABLISHMENT: | A cannabis business establishment or other entity that is authorized or permitted to allow the on-premises consumption of cannabis. |
b. Location Restrictions: A cannabis business establishment may not be located within five hundred (500) feet of the property line of a pre-existing public or private school, playground, recreation center, public park, public library, or child care facility.
c. Site Plan Review: All cannabis business establishments shall be subject to all site capacity calculation and site plan review procedures as required by this title. Cannabis business establishments must submit a site plan as part of the conditional use application. The Village may impose additional setback, landscaping, screening, and buffering requirements on a cannabis business establishment to mitigate impacts on surrounding properties.
d. State Licensing: Applicants seeking conditional use approval for a cannabis business establishment must submit a complete copy of their license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their conditional use application. Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must provide a copy of their license to operate as a cannabis business establishment from the respective state agency.
e. Compliance with State Regulations and Rules: All cannabis business establishments shall comply with the Cannabis Regulation and Tax Act, as amended, and all rules and regulations adopted in accordance thereto.
f. Odor Control: All cannabis business establishments must submit a plan for the control of cannabis odors from the subject property as part of the conditional use application.
g. Security: All cannabis business establishments must submit a security plan as part of the conditional use application.
h. Drive-Thru Windows: A cannabis dispensary may not have a drive-through service.
i. Cannabis Dispensary Parking: Cannabis dispensaries are required to have five (5) parking spaces per one thousand (1,000) square feet of floor area.
j. Traffic Study: Cannabis business establishments must submit a study showing the impact of the proposed business on traffic in the surrounding area as part of the conditional use application.
k. Random Inspections: Cannabis dispensaries are subject to random and unannounced inspections by local law enforcement to verify compliance with all applicable laws, rules and regulations.
l. Cannabis Waste: All cannabis business establishments must submit a plan for the recycling and destruction of cannabis waste as part of the conditional use application, and all cannabis business establishments must comply with all state, county, and Village regulations governing cannabis waste.
m. Hours of Operation: Unless otherwise prescribed by state law, the Village may impose limits on the hours of operations of cannabis business establishments as a condition of any conditional use approval.
n. On-Premises Consumption Prohibition: No cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis on the premises in any form. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."
o. Number. The number of each type of cannabis business establishments allowed in the Village may be established by the Board of Trustees. (Ord. 2014-919, 3-19-2014; Ord. 2019-1068, 9-17-2019)
Notes
| 1 | |
| 2 | 1. Title 8 of this Code. |
| 3 | 1. 410 ILCS 130/105-B. |
| 4 | 1. 430 ILCS 130/130-D. |
| 5 | 1. 720 ILCS 600/1 et seq. |