The following definitions shall apply to this subchapter as written unless context indicates or requires a different meaning:

   ADULT-USE 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.

   ADULT-USE 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. 19-36, passed 11-13-19)

   (A)   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 Bellwood. 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.

      (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.

      (4)   Anticipated parking demand and available private parking.

      (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 divisions (D) Adult-Use Cannabis Craft Grower; (E) Adult-Use Cannabis Cultivation Center; (F) Adult-Use Cannabis Dispensing Organization; (G) Adult-Use Cannabis Infuser Organization; (H) Adult-Use Cannabis Processing Organization; or (I) Adult-Use Cannabis Transporting Organization, as applicable.

      (9)   Other criteria determined to be necessary to assess compliance with the Village Zoning Code.

      (1)   Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located within 1,500 feet of the property line of a preexisting property zoned or used for residential purposes.

      (3)   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (4)   For purposes of determining required parking, adult-use cannabis craft grower shall be classified as “Class 8” per the off-street parking and loading requirements, provided, however, that the village may require that additional parking be provided.

      (5)   Petitioner shall file an affidavit with the village affirming compliance with the Village Zoning Code as provided herein and all other requirements of the Act.

      (1)   Facility may not be located within 1,500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located within 1500 feet of the property line of a preexisting property zoned or used for residential purposes.

      (3)   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (4)   For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as “Class 8” per the off-street parking and loading requirements, provided, however, that the village may require that additional parking be provided.

      (5)   Petitioner shall file an affidavit with the village affirming compliance with the Village Zoning Code as provided herein and all other requirements of the Act.

      (1)   Facility may not be located within 1,500 feet 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. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   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 other than as authorized in division (F)(5) below in the same tenant space.

      (4)   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (5)   Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division (J) Additional requirements shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in the Village of Bellwood Code.

      (6)   For purposes of determining required parking, said facilities shall be classified as “Class 8” per the off-street parking and loading requirements, provided, however, that the village may require that additional parking be provided.

      (7)   Petitioner shall file an affidavit with the village affirming compliance with the Village Zoning Code as provided herein and all other requirements of the Act.

      (1)   Facility may not be located within 1,500 feet 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. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   At least 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.

      (4)   For purposes of determining required parking, said facilities shall be classified as “Class 8” per the off-street parking and loading requirements, provided, however, that the village may require that additional parking be provided.

      (5)   Petitioner shall file an affidavit with the village affirming compliance with the Village Zoning Code as provided herein and all other requirements of the Act.

      (1)   Facility may not be located within 1,500 feet 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. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   At least 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.

      (4)   For purposes of determining required parking, said facilities shall be classified as “Class 8” per the off-street parking and loading requirements, provided, however, that the village may require that additional parking be provided.

      (5)   Petitioner shall file an affidavit with the village affirming compliance with the Village Zoning Code as provided herein and all other requirements of the Act.

      (1)   Facility may not be located within 1,500 feet 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. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

      (2)   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

      (3)   The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      (4)   For purposes of determining required parking, said facilities shall be classified as “Class 8” per the off-street parking and loading requirements, provided, however, that the village may require that additional parking be provided.

      (5)   Petitioner shall file an affidavit with the village affirming compliance with the Village Zoning Code as provided herein and all other requirements of the Act.

(Ord. 19-36, passed 11-13-19)

   (A)   It shall be unlawful and a violation of §§ 156.200 through 156.219 for any person to maintain any prohibited sign, to perform or order the performance of any act prohibited by §§ 156.200 through 156.291, or to fail to perform any act which is required by the provisions of §§ 156.200 through 156.219.

(Ord. 9-4, passed 2-25-09; Am. Ord. 19-11, passed 3-20-19) Penalty, see § 156.999

   (B)   Except as otherwise provided herein, any person in violation with the terms of this chapter shall be fined not less than $50, nor more than $500 for each violation. Each day the violation exists will be deemed to be a new violation.

   (C)   Any person, firm or corporation convicted of any violation of §§ 156.140 through 156.144 shall be subject to a fine of $500 for each violation. Each day that a violation exists shall be deemed a separate violation.

   (D)   A violation of § 156.040(I) shall result in a fine of $250 plus an additional $250 if paid after the expiration of ten days from the date the fine is issued or confirmed following an administrative adjudication hearing, if applicable, whichever is later.

   (E)   Any person owning, maintaining, or in possession or control of any sign located within the village or any owner of the lot upon which the sign is located who neglects or refuses to comply with the provisions of §§ 156.200 through 156.219, or who erects, alters, or maintains any sign that does not comply with the provisions of §§ 156.200 through 156.219 shall be fined in the amount established by the village from time to time. Each day on which any person shall permit or allow any sign owned, maintained, or controlled by him or her to be erected, altered, or maintained in violation of any of the provisions of §§ 156.200 through 156.219, shall constitute a separate and distinct offense.