It is the intent and purpose of this article to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the Village of Bradley. All adult-use cannabis business establishment facilities shall strictly comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, all regulations promulgated thereunder, the provisions of this article, and all other applicable provisions of this chapter. In the event of a conflict between the Cannabis Regulation and Tax Act, any state regulations, and the village's ordinances and regulations, the more restrictive of the state or local regulations shall apply to the extent permitted by law.

(Ord. No. O-11-19-4, § 3, 11-12-2019)

(a)

It shall be unlawful for any person to open or operate any adult-use cannabis business establishment within the corporate boundaries of the Village of Bradley or within any other territory subject to the Bradley Zoning Ordinance without having first secured a special use permit for said establishment in compliance with the provisions of this article and all other relevant provisions of this chapter, including, but not limited to, article VIII (Administration), division 7 (Special Uses) of this chapter.

(b)

No special use permit shall be granted for any adult-use cannabis business establishment unless the applicant for said permit provides adequate assurances to the village that the establishment will be established and operated in full compliance with all applicable laws.

(c)

In addition to any conditions and restrictions that the village board may deem necessary to impose pursuant to section 60-400 of this chapter, every special use permit granted to allow the siting and operation of an adult-use cannabis business establishment shall be subject to the following conditions:

(1)

If the adult-use cannabis business establishment use is not established and fully operational within two years of the effective date of the ordinance granting the special use permit for such establishment, the special use permit shall lapse and shall be null and void without the need for any further action on the part of the village, provided that the village board may, upon a showing of good cause, extend the period in which the adult-use cannabis business establishment must be established and operational by not more than 12 additional months.

(Ord. No. O-11-19-4, § 3, 11-12-2019)

(a)

In considering any application for a special use permit for any adult-use cannabis business establishment, the village planning and zoning commission and village board, as the case may be, shall consider all of the following factors:

(1)

The reasonably anticipated impact of the proposed adult-use cannabis business establishment on existing or planned uses located within the vicinity of the subject property.

(2)

The layout, construction, and features of the structure that will house the proposed adult-use cannabis business establishment, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

(3)

Proposed hours of operation and anticipated number of customers/employees.

(4)

The anticipated parking demand of and private parking supply available to serve the proposed adult-use cannabis business establishment.

(5)

The reasonably anticipated traffic generation attributable to the proposed adult-use cannabis business establishment in the context of adjacent roadway capacity and access to such roadways.

(6)

Site design, including access points, internal site circulation, and proposed security measures.

(7)

Proposed signage plan.

(8)

Overall compliance with this chapter in general and with the applicable provisions of this article in particular.

(9)

Compatibility with surrounding uses.

(10)

Other criteria determined to be necessary to assess compliance of this article.

(b)

Nothing in this article is intended or shall be deemed as relieving any applicant for a special use permit for an adult-use cannabis business establishment of their obligation to comply with and meet all other requirements and standards set out for special use permits in this chapter.

(Ord. No. O-11-19-4, § 3, 11-12-2019)

In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

(1)

The facility may not be located within 1,000 feet of the property line of any existing public or private nursery school, preschool, primary or secondary school, day-care center, day-care home, residential-care home, or public library. Vocational and trade school learning centers shall not be considered or deemed to be public or private schools for purposes of this section.

(2)

No facility may be located (i) on any property used or zoned for residential purposes or (ii) within 500 feet of the property line of any property that is zoned or used for residential purposes, other than property zoned ER (estate residence).

(3)

The facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(4)

The adult-use cannabis craft grower shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in section 6-538 of this article.

(5)

On-site consumption of cannabis is prohibited.

(6)

Reserved.

(7)

Petitioner shall file an affidavit with the village affirming compliance with all requirements of this title and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(Ord. No. O-11-19-4, § 3, 11-12-2019; Ord. No. O-9-21-2, § 2, 9-13-2021)

In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

(1)

The facility may not be located within 1,000 feet of the property line of any existing public or private nursery school, preschool, primary or secondary school, day-care center, day-care home, residential-care home, or public library. Vocational and trade school learning centers shall not be considered or deemed to be public or private schools for purposes of this section.

(2)

No facility may be located (i) on any property used or zoned for residential purposes or (ii) within 500 feet of the property line of any property that is zoned or used for residential purposes, other than property zoned ER (estate residence).

(3)

The facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(4)

The adult-use cannabis cultivation center shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in section 6-538 of this article.

(5)

On-site consumption of cannabis is prohibited.

(6)

Reserved.

(7)

Petitioner shall file an affidavit with the village affirming compliance with all requirements of this title and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(Ord. No. O-11-19-4, § 3, 11-12-2019; Ord. No. O-9-21-2, § 2, 9-13-2021)

In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

(1)

The facility may not be located within 1,000 feet of the property line of any existing public or private nursery school, preschool, primary or secondary school, day-care center, day-care home, residential-care home, or public library. Vocational and trade school learning centers shall not be considered or deemed to be public or private schools for purposes of this section.

(2)

No facility may be located (i) on any property used or zoned for residential purposes or (ii) within 500 feet of the property line of any property that is zoned or used for residential purposes, other than property zoned either ER (estate residence) or NR-2 (single family residence district).

(3)

The facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(4)

The adult-use cannabis dispensing organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in section 6-538 of this article.

(5)

On-site consumption of cannabis is prohibited.

(6)

Reserved.

(7)

Petitioner shall file an affidavit with the village affirming compliance with all requirements of this title and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(Ord. No. O-11-19-4, § 3, 11-12-2019; Ord. No. O-9-21-2, § 2, 9-13-2021)

In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

(1)

The facility may not be located within 1,000 feet of the property line of any existing public or private nursery school, preschool, primary or secondary school, day-care center, day-care home, residential-care home, or public library. Vocational and trade school learning centers shall not be considered or deemed to be public or private schools for purposes of this section.

(2)

No facility may be located (i) on any property used or zoned for residential purposes or (ii) within 500 feet of the property line of any property that is zoned or used for residential purposes, other than property zoned ER (estate residence).

(3)

The facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(4)

The adult-use cannabis infuser organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in section 6-538 of this article.

(5)

On-site consumption of cannabis is prohibited.

(6)

Reserved.

(7)

Petitioner shall file an affidavit with the village affirming compliance with all requirements of this title and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(Ord. No. O-11-19-4, § 3, 11-12-2019; Ord. No. O-9-21-2, § 2, 9-13-2021)

In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

(1)

The facility may not be located within 1,000 feet of the property line of any existing public or private nursery school, preschool, primary or secondary school, day-care center, day-care home, residential-care home, or public library. Vocational and trade school learning centers shall not be considered or deemed to be public or private schools for purposes of this section.

(2)

No facility may be located (i) on any property used or zoned for residential purposes or (ii) within 500 feet of the property line of any property that is zoned or used for residential purposes, other than property zoned ER (estate residence).

(3)

The facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act

(4)

The adult-use cannabis processing organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in section 6-538 of this article.

(5)

On-site consumption of cannabis is prohibited.

(6)

Reserved.

(7)

Petitioner shall file an affidavit with the village affirming compliance with all requirements of this title and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(Ord. No. O-11-19-4, § 3, 11-12-2019; Ord. No. O-9-21-2, § 2, 9-13-2021)

In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

(1)

The facility may not be located within 1,000 feet of the property line of any existing public or private nursery school, preschool, primary or secondary school, day-care center, day-care home, residential-care home, or public library. Vocational and trade school learning centers shall not be considered or deemed to be public or private schools for purposes of this section.

(2)

No facility may be located (i) on any property used or zoned for residential purposes or (ii) within 500 feet of the property line of any property that is zoned or used for residential purposes, other than property zoned ER (estate residence).

(3)

The facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

(4)

The adult-use cannabis transporting organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in section 6-538 of this article.

(5)

On-site consumption of cannabis is prohibited.

(6)

Reserved.

(7)

Petitioner shall file an affidavit with the village affirming compliance with all requirements of this title and the Cannabis Regulation and Tax Act, including all regulations promulgated thereunder.

(Ord. No. O-11-19-4, § 3, 11-12-2019; Ord. No. O-9-21-2, § 2, 9-13-2021)

Any person seeking a special use permit for an adult-use cannabis business establishment within the village shall commit, in writing, to install any and all building enhancements (including, but not limited to, security cameras, lighting, or other improvements, as set forth in the special use permit) as the village may deem necessary to ensure the safety of the adult-use cannabis business establishment's employees and customers, as well as all other persons as may be found in the general vicinity of such establishment. 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 Cannabis Regulation and Tax Act. Failure to comply with the requirements of this section is and shall be deemed sufficient grounds for the village board to refuse to grant the special use permit sought or, in the case of a permit already granted, to justify the repeal of the ordinance granting such permit.

(Ord. No. O-11-19-4, § 3, 11-12-2019)

The village may approve the co-location of any combination of adult-use cannabis business establishments on the same property and/or within the same structure to the extent that such co-location is permitted by the Cannabis Regulation and Tax Act.

(Ord. No. O-11-19-4, § 3, 11-12-2019)

In the event that any medical cannabis dispensary operating within the corporate boundaries of the village or else in any territory subject to the Bradley Zoning Ordinance applies for a license authorizing the sale of adult-use cannabis in addition to or instead of medical cannabis, such dispensary must first apply for, and the village must approve, a special use permit for an adult-use cannabis dispensary pursuant to the terms and provisions of this article. Nothing contained in this article is intended or shall be deemed to waive any permitting requirement applicable to adult-use cannabis business establishments in situations where the person or entity proposing such a use is an existing medical cannabis dispensary.

(Ord. No. O-11-19-4, § 3, 11-12-2019)