It is the intent and purpose of this Article XIII to provide regulations regarding Cannabis Craft Grower(s) within the corporate limits of the Village. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (hereinafter referred to as the "Act" in this Article XIII) (410 ILCS 705/1-1 et seq., effective June 25, 2019), as it may be amended from time-to-time, and the regulations promulgated thereunder, and the regulations provided below.

(Ord. No. 1827, § 3, 2-10-2020)

A cannabis business establishment shall require approval as a conditional use in the respective zoning district in which the facility is requesting to be located. In determining compliance with this Article, compliance with the Act, and eligibility as a conditional use, the following standards shall be evaluated for the proposed cannabis business establishment based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the surrounding 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 and security plan, and building code compliance.

(3)

Hours of operation and anticipated number of customers/employees.

(3)

Anticipated parking demand, available private parking supply, and parking requirements established in Article V of this Chapter 74.

(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 of the specific section in this Article for the cannabis business establishment that is being proposed, as applicable.

(9)

Other criteria determined to be necessary to assess compliance with the provisions of this Article and the Act.

(Ord. No. 1827, § 3, 2-10-2020)

In those zoning use districts in which a cannabis craft grower facility may be located, set forth below, the proposed facility must also comply with the following:

(1)

Facility must be located in an area zoned I-1 Light Industrial, as described in Chapter 74, Article II, Division 9.

(2)

Facility may not be located within 500 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

(3)

Facility may not be located in an area zoned for residential use.

(4)

Facility may not be located within 1,500 feet of another craft grower or cultivation center.

(5)

Facility may not sell or distribute any cannabis to any person other than a cultivation center, a craft grower, an infuser organization, a dispensing organization, or as otherwise authorized by rules promulgated under the Act.

(6)

Craft grower may not display or store cannabis, cannabis-infused products and cannabis concentrate in an area accessible to the public.

(7)

Craft grower may process cannabis, cannabis concentrates, and cannabis-infused products, according to Illinois law.

(8)

Craft grower may enter into a contract with a transporting organization to transport cannabis to a cannabis business establishment, subject to compliance with the Act and other laws.

(9)

A craft grower shall have appropriate security employed and security measures implemented at all times, in accordance with State regulations, to deter and prevent theft of cannabis and unauthorized entrance into areas containing cannabis, cannabis infused products and cannabis concentrate.

(10)

No more than ONE cannabis craft grower facilities shall be granted a conditional use under this Article or otherwise be permitted to operate in the Village.

(11)

The applicant applying for the conditional use permit (and grantee thereof) or facility must be a licensed as a craft grower by the Illinois Department of Agriculture before operating any business in the proposed facility, and the final issuance of a conditional use permit hereunder shall require proof of said licensure. Failure to maintain the licensure at any time during the term of the conditional use permit shall be grounds for immediate revocation.

(12)

Facility must comply with any and all requirements under this Article and the requirements under the Act.

(Ord. No. 1827, § 3, 2-10-2020; Ord. No. 1828, § 2, 2-24-2020)

An applicant for a Conditional Use Permit under Article XIII, and any grantees thereof, 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 cannabis business establishment, as well as its environment. Said improvements shall be determined based on the specific characteristics of the floor plan for a cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(Ord. No. 1827, § 3, 2-10-2020)

Conditional use permits under Article XIII shall be issued at the sole discretion of the Board of Trustees of the Village of Bartonville and said conditional use permits may be terminated and revoked at the sole discretion of the Board of Trustees of the Village of Bartonville for reasons deemed appropriate in the sole discretion of the Board of Trustees of the Village of Bartonville. Any application for a Conditional Use Permit under this Article XIII shall include an affidavit affirming compliance with the applicable section of this Chapter, all requirements of the Act, and any stipulations or conditions imposed during the review and approval process.

(Ord. No. 1827, § 3, 2-10-2020)

No on-site use or consumption of cannabis shall be permitted at any cannabis business establishment in the Village or at any other retail or service business, private club, or similar organization location in the Village. Additionally, no on-site consumption shall be permitted of food, beverages, or other products sold at a cannabis business establishment in the Village.

(Ord. No. 1827, § 3, 2-10-2020)