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 Winfield. 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.
B. Special Use: Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with Chapter 10 (Special Uses) of this Title and Section 4 (Adult-Use Cannabis Facility Components) as provided herein is amended by changing Section 4 (Adult-Use Cannabis Facility Components) to Section C (Adult- Use Cannabis Facility Components).
C. Adult-Use Cannabis Facility Components: In determining compliance with Chapter 10 (Special uses) of this Title, the following components of the adult-use cannabis 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:
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 customers/employees.
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.
8. Compliance with all requirements provided in Section 4 (Adult-Use Cannabis Dispensing Organization) as applicable.
9. Other criteria determined to be necessary to assess compliance with Chapter 10 (Special uses) of this Title.
D. 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:
1. Facility may not be located within 100 feet of the property line any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. In the case of a church, the distance of one hundred (100) feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries.
2. 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.
3. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4. There shall be no on-site consumption of cannabis or cannabis infused products at a dispensary or other public space.
5. For purposes of determining required parking, said facilities shall be classified as "Retail Store" per § 10-9-7 (Schedule Of Off-Street Parking Requirements) of the Winfield Village Code, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through § 10-2-17B. (Adult-Use Cannabis: Special Use) herein.
6. Petitioner shall file an affidavit with the village affirming compliance with Section as provided herein and all other requirements of the Act.
E. Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, 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. 2019-11-26, 11-21-2019; amd. Ord. 2022-12-14, 12-15-2022)