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Antioch City Zoning Code

CHAPTER 19

RECREATIONAL CANNABIS MERCANTILE REGULATIONS

10-19-1: PURPOSE AND APPLICABILITY:

It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of recreational cannabis occurring within the corporate limits of the village. Such facilities shall comply with all regulations provided in the “cannabis regulation and tax act” (P.A. 101-0027), 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. (Ord. 19-12-44, 12-19-2019)

10-19-2: DEFINITIONS:

RECREATIONAL CANNABIS BUSINESS ESTABLISHMENT: A recreational cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
RECREATIONAL CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois department of agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the “cannabis regulation and tax act,” (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois department of agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the “cannabis regulation and tax act,” (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois department of financial and professional regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the “cannabis regulation and tax act,” (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois department of agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the “cannabis regulation and tax act,” (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: A facility operated by an organization or business that is licensed by the Illinois department of agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the “cannabis regulation and tax act,” (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
RECREATIONAL CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: An organization or business that is licensed by the Illinois department of agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the “community college cannabis vocational training pilot program”, per the “cannabis regulation and tax act,” (P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder. (Ord. 19-12-44, 12-19-2019)

10-19-3: CONDITIONAL/SPECIAL USE:

Recreational cannabis business establishment facilities, as defined herein, requiring approval of a special (conditional) use in the respective districts in which they are requested shall be processed in accordance with sections 10-4-9 and 10-19-4 of this code. (Ord. 19-12-44, 12-19-2019)

10-19-4: RECREATIONAL CANNABIS FACILITY COMPONENTS:

In determining compliance with section 10-4-9 of this code, the following components of the recreational 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:
   A.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property, including, but not limited to, churches, synagogues, temples and other known houses of worship.
   B.   Proposed structure in which the facility will be located (which must be in a separate, standalone building), total square footage, security installations/security plan and building code compliance.
   C.   Hours of operation (which cannot exceed those allowed by the Act) and anticipated number of customers/employees.
   D.   Anticipated parking demand based on chapter 10-12 and available private parking supply.
   E.   Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
   F.   Site design, including access points and internal site circulation.
   G.   Proposed signage plan.
   H.   Compliance with all requirements provided in sections 10-19-5 through 10-19-9 of this code, as applicable.
   I.   Compliance with the village's site plan review procedures as provided for in sections 10-13-1 through 10-13-12 of this code.
   J.   Other criteria determined to be necessary to assess compliance with section 10-4-9 of this code. (Ord. 19-12-44, 12-19-2019)

10-19-5: RECREATIONAL CANNABIS CRAFT GROWER:

In those zoning districts in which a recreational cannabis craft grower may be located, the proposed facility must comply with the following:
   A.   Facility may not be located within one thousand feet (1,000') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed child care facility, public park, public library, recreational center or arcade other than one licensed to operate video gaming terminals and which prohibits access to persons under the age of twenty one (21) years. 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 conduct any sales or distribution of cannabis other than as authorized by the Act.
   C.   For purposes of determining required parking, recreational cannabis craft grower shall be classified as a retail store and service shop under chapter 10-12 of this code, provided, however, that the village may specify that additional parking be provided as a result of the analysis completed through sections 10-19-3 and 10-19-4 of this code.
   D.   Petitioner shall file an affidavit with the village affirming compliance with this section. (Ord. 19-12-44, 12-19-2019)

10-19-6: RECREATIONAL CANNABIS CULTIVATION CENTER:

This form of cannabis-related business is not permitted within the Village of Antioch. (Ord. 19-12-44, 12-19-2019)

10-19-7: RECREATIONAL CANNABIS DISPENSING ORGANIZATION:

In those zoning districts in which a recreational cannabis dispensing organization may be located, the proposed facility must comply with the following:
   A.   Facility may not be located within one thousand feet (1,000') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed child care facility, public park, public library, recreational center or arcade other than one licensed to operate video gaming terminals and which prohibits access to persons under the age of twenty one (21) years. 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 conduct any sales or distribution of cannabis other than as authorized by the Act.
   C.   At least seventy five percent (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.
   D.   For purposes of determining required parking, the facility shall be classified as a retail store and service shop under chapter 10-12 of this code, provided, however, that the village may specify that additional or reduced parking be provided as a result of the analysis completed through sections 10-19-3 and 10-19-4 of this code.
   E.   Petitioner shall file an affidavit with the village affirming compliance with this section. (Ord. 19-12-44, 12-19-2019)

10-19-8: RECREATIONAL CANNABIS INFUSER ORGANIZATION:

In those zoning districts in which a recreational cannabis infuser organization may be located, the proposed facility must comply with the following:
   A.   Facility may not be located within one thousand feet (1,000') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed child care facility, public park, public library, recreational center or arcade other than one licensed to operate video gaming terminals and which prohibits access to persons under the age of twenty one (21) years. 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 conduct any retail sales.
   C.   At least seventy five percent (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.
   D.   For purposes of determining required parking, said facilities shall be classified as a manufacturing use per chapter 10-12 of this code, provided, however, that the village may specify that additional or reduced parking be provided as a result of the analysis completed through sections 10-19-3 and 10-19-4 of this code.
   E.   Petitioner shall file an affidavit with the village affirming compliance with this section. (Ord. 19-12-44, 12-19-2019)

10-19-9: RECREATIONAL CANNABIS PROCESSING ORGANIZATION:

In those zoning districts in which a recreational cannabis processing organization may be located, the proposed facility must comply with the following:
   A.   Facility may not be located within one thousand feet (1,000') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed child care facility, public park, public library, recreational center or arcade other than one licensed to operate video gaming terminals and which prohibits access to persons under the age of twenty one (21) years. 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 conduct any retail sales.
   C.   At least seventy five percent (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.
   D.   For purposes of determining required parking, said facilities shall be classified as a manufacturing use per chapter 10-12 of this code, provided, however, that the village may specify that additional or reduced parking be provided as a result of the analysis completed through sections 10-19-3 and 10-19-4 of this code.
   E.   Petitioner shall file an affidavit with the village affirming compliance with this section. (Ord. 19-12-44, 12-19-2019)

10-19-10: RECREATIONAL CANNABIS TRANSPORTING ORGANIZATION:

This form of cannabis-related business is not permitted within the Village of Antioch. (Ord. 19-12-44, 12-19-2019)

10-19-11: ADDITIONAL REQUIREMENTS:

Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the recreational cannabis business establishments, as well as its environs. The improvements shall be determined based on the specific characteristics of the floor plan for a recreational cannabis business establishment and the site on which it is located, consistent with the requirements of the Act. (Ord. 19-12-44, 12-19-2019)

10-19-12: CO-LOCATION OF CANNABIS BUSINESS ESTABLISHMENTS:

The village board may approve the co-location of a recreational cannabis dispensing organization with a recreational cannabis craft grower center or a recreational cannabis infuser organization, or both, subject to the provisions of the Act and the conditional use criteria of sections 10-19-3 and 10-19-4 of this code. In a co-location, the floor space requirements of sections 10-19-7C and 10-19-8C of this code shall not apply but the co-located establishments shall be the sole use of the tenant. (Ord. 19-12-44, 12-19-2019)

10-19-13: NUMBER OF BUSINESSES PERMITTED:

The total number of allowable licenses for the foregoing classes of cannabis business establishments within the village shall be as follows:
   A.   Recreational cannabis craft grower: one (1).
   B.   Recreational cannabis dispensing organization: two (2).
   C.   Recreational cannabis infuser organization: one (1).
   D.   Recreational cannabis processing organization: one (1). (Ord. 19-12-44, 12-19-2019; Ord. 23-07-15, 7-12-2023)