In order to implement the regulatory scheme of this Code so as to achieve the objectives enumerated in Section 40-1-2, the entire City is hereby divided into the following Zoning Districts:

* The "minimum area" requirement (which is intended to prevent spot zoning) refers to the smallest total area of contiguous parcels that can properly be given the particular district classification. The minimum area requirement is not satisfied merely because the acreage of numerous noncontiguous parcels, when aggregated, happens to equal or exceed the minimum area indicated above.

The boundaries of the listed zoning districts are hereby established as shown on the Official Zoning Map of the City. This map, including all notations and other information thereon, is hereby made a part of this Code by reference. The Official Zoning Map shall be kept on file in the Administrator's office.

In accordance with the State law, if any changes are made in the zoning districts or regulations during a calendar year, the City Clerk shall publish the revised official zoning map of the City not later than March 31 of the following year.

State Law reference— 65 ILCS 5/11-13-19.

In determining with precision what territory is actually included within any zoning district, the Administrator shall apply the following rules:

(A)

Where a district boundary as indicated on the zoning map approximately follows any of the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:

(B)

Whenever any street, alley, or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.

Any territory hereafter annexed to the City shall automatically be in the R-1, Single-family Residence District, until duly changed by an amendment to this Code; except that the City Council, with the advice of the Zoning Board, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending this Code by the extension of the zoning district provisions are met (see Section 40-10-30).

(Ord. No. 1136, 09-28-92)

Hereafter it shall be unlawful to do the following within the City:

(A)

Erect, use, occupy, enlarge, alter, relocate or reconstruct any structure or part thereof;*

(B)

To create any lot; or*

(C)

To use, occupy or develop any lot or part thereof. *

*EXCEPT in conformity with the provisions of this Code.

Whenever any use is not specifically listed as permitted or a special use within a particular zoning district, such use shall be deemed prohibited in that district. However, if the City Council determines that the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this Code in accordance with Section 40-10-30. The City Council's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.

[Note: A public hearing is required before the Zoning Board before the City Council may amend.]

Except as specifically provided otherwise elsewhere in this Code, every lot must meet the minimum area, minimum dimensions, and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot.

No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to a public street or private street that conforms to the standards set forth in Chapter 34, Subdivision Regulations.

Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage, except as expressly provided otherwise herein.

(Ord. No. 1100, 04-08-91)

Except as specifically provided otherwise in the "B-1" Community Business District and in all residential zoning districts where lots having fifty percent (50%) or more of the frontage on one (1) side of a street between intersections (that is, in one (1) block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setback on that block shall be the average of the existing front setbacks; provided, however, that in any built-up area, no front setback greater than fifty (50) feet shall be required.

To the extent indicated below, the following features of principal buildings may intrude into required yards without thereby violating the minimum setback requirements:

(A)

Necessary Appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent codes of the City.

(B)

Intersections. On corner lots, in the triangular portion of land bounded by intersecting street lines and a line joining these street lines at points thirty (30) feet from the point of intersection, no obstruction, whether natural or manmade, shall intrude into the air space that is between two (2) feet and ten (10) feet above the level of the adjacent street.

(See Figure 1 at the end of this Code)

In all districts, property owners of all buildings and places where people live, work or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:

(A)

Whenever the public sanitary sewerage system is reasonably accessible (that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed six hundred (600) feet), all sewage shall be discharged into such system whether or not a private sewerage system already exists or is more convenient.

(B)

Whenever the public sewerage system is not reasonably accessible, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated and maintained in conformity with the following requirements:

(1)

Illinois Private Sewage Disposal Licensing Act, 225 ILCS 225/1 through 225/23, as amended from time to time;

(2)

Illinois Private Sewage Disposal Code No. 4.002, promulgated by the Director of the Illinois Department of Public Health, as amended from time to time;

(3)

Pertinent, current regulations issued by the Illinois Environmental Protection Agency; and

(4)

Applicable codes and regulations of the City, particularly the Subdivision Regulations.

The Administrator shall not issue any Initial Certificate of Zoning Compliance unless, following consultation with the Municipal Engineer, he is satisfied that these requirements will be met (also see Chapter 38 of this Code).

(A)

Any accessory use shall be deemed permitted in a particular zoning district if such use:

(1)

Meets the definition of "accessory use" found in Section 40-2-2;

(2)

Is accessory to a principal structure or use that is allowed in a particular zoning district as a permitted or special use; and

(3)

Is in compliance with the restrictions set forth in Section 40-3-12.1.

(B)

If an accessory structure is attached to a principal structure, it shall be considered part of such structure.

(A)

Height. No accessory use shall be higher than twenty-five (25) feet in any zone district; provided, there shall be no height limit on agriculture-related accessory structures.

(B)

Setbacks. No accessory use in any zoning district shall be located in any part of any yard (front, side, or rear) that is required because of the setback regulations of such district; provided that, except as specifically provided otherwise, in the Agricultural District, or in any residential district, an accessory use may be located as close as five (5) feet to any side or rear lot line. The foregoing not withstanding, fences may be located as close as two (2) feet to any side or rear lot line, or, in the event adjacent property owners sign a notarized letter of agreement to erect a fence on the shared property line, that fence may be set on the property line with a zero setback. An application for an Initial Certificate of Zoning Compliance shall include on the application the abutting property owners, and, if necessary, consents of the type and proposed location of the fence to be erected. These exceptions are subject to those restrictions in Section 40-7-3 of this Code.

(C)

Yard Coverage. Accessory uses shall not cover more than thirty percent (30%) of a required rear yard.

(D)

Use As Dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the City.

(Ord. No. 1323, 08-12-02; Ord. No. 1619, 6-11-18)

As used in this Code, the term "planned development" or "PD" means a development wherein, in accordance with an approved development plan:

(A)

Common open space is reserved,

(B)

Various housing types and other structures and uses may be mixed, and/or

(C)

Overall average density does not exceed the usual zoning district limit.

This Section authorizes development of Planned Developments and establishes procedures in order to achieve the objectives enumerated in Section 40-1-2 and the following additional objectives:

(A)

To provide a regulatory mechanism whereby the City can be assured that upon completion, approved development projects will substantially conform to the plans or models which constituted the basis for the issuance of the necessary zoning and subdivision permits;

(B)

To permit development of a wide variety of housing types and other structures and uses in a single comprehensively planned project;

(C)

To preserve the natural topography, scenic features, mature trees, and historic structures existing on sites proposed for development;

(D)

To encourage innovative site layouts and coordinated architectural treatment of different housing types and other structures;

(E)

To ensure the provision of usable common open space in planned developments, and to spur installation of various amenities therein;

(F)

To facilitate the economical installation of standard streets, sewers, utilities and other improvements.

Except as specifically provided otherwise in this Section, planned developments—including all structures and uses therein—shall, at a minimum, be built in conformity with all applicable codes and ordinances including the Zoning Code and the Subdivision Code.

Planned developments may be built in any zoning district, but only upon the issuance of a special use permit by the City Council (see Section 40-10-28).

The planned development concept is intended to afford both the developer and the City considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this Section, Planned Developments may deviate from generally applicable Code requirements without a variance. Any proposed deviation not listed below, however, shall require a variance:

(A)

Mixed Uses. Planned Developments may include all types of residential structures and any other uses approved by the Zoning Board, provided that in approving such mixed uses, the Zoning Board may attach any conditions necessary to protect the public welfare.

(B)

Lot and Structure Requirements. In Planned Development, the Zoning Board may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the "PD" are appropriately interrelated and property abutting the "PD" is adequately protected from any potential adverse impacts of the development. "Lot and structure requirements" means minimum individual lot area, width and depth; minimum setbacks; and maximum structure height.

(C)

Accessory Uses. In "PD" the Zoning Board may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.

(D)

Location of Parking/Loading Spaces. By permission of the Zoning Board, off-street parking and loading spaces in Planned Developments need not be located in accordance with generally applicable requirements. The minimum number of such spaces, however, shall not be less than the number required as per Article V of this Code.

Every applicant for Planned Development approval shall comply with the procedural requirements of this Section. The required procedures are as follows:

-

A)

Filing development plan with the Zoning Administrator;

-

B)

Review of plans by Plan Commission;

-

C)

Provision by the developer of adequate assurance for the completion of required improvements as per the development plan;

-

D)

Public hearing by the Zoning Board of Appeals as per the requirements of Article X, "Special use Procedures and Permits";

-

E)

Recommendation of the Zoning Board of Appeals regarding approval/rejection of the development plan.

-

F)

Approval/rejection by the City Council of special use permit; and

-

G)

Recording of development plat with the County Recorder of Deeds.

(A)

Application, Information Required. Every applicant for approval of a development plan shall submit to the Administrator, in narrative and/or graphic form the items of information listed below:

(WRITTEN DOCUMENTS)

(1)

Legal description of the total site proposed for development;

(2)

Names and addresses of all owners of property within or adjacent to the proposed "PD";

(3)

Statement of the planning objectives to be achieved by the "PD" through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

(4)

Development schedule indicating the approximate date when construction of the "PD" or stages of the "PD" can be expected to begin and be completed;

(5)

Statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the "PD", such as land areas, dwelling units, etc.

(6)

Data indicating:

(a)

Total number and type of proposed dwelling units;

(b)

Gross and net acreage of parcel;

(c)

Acreage of gross and usable open space; and

(d)

Area of any commercial uses.

(GRAPHIC MATERIALS)

(7)

Existing site conditions including contours at two-foot intervals and locations of watercourses, floodplains, unique natural features and wooded areas;

(8)

Proposed lot lines and plot designs;

(9)

Proposed location, size in square feet, and general appearance of all existing and proposed buildings (both residential and nonresidential) and other structures and facilities;

(10)

Location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semi-public uses;

(11)

Existing and proposed vehicular circulation system, including off-street parking and loading areas and major points of ingress and egress to the development (notations of proposed ownership, public or private, shall be included where appropriate);

(12)

Existing and proposed pedestrian circulation system, including its relationship to the vehicular circulation system and proposed treatments of points of conflict;

(13)

General landscape plan indicating the treatment of both private and common open spaces and the location of required buffer strips;

(14)

Enough information on land areas adjacent to the proposed "PD" to indicate the relationships between the proposed development and existing and proposed adjacent areas;

(15)

Any additional information required by the Zoning Board to evaluate the character and impact of the proposed "PD";

(16)

Appropriate seals of a licensed surveyor, engineer or architects, where necessary.

(B)

Criteria Considered. The Zoning Board of Appeals shall compile a written report recommending acceptance or rejection of the development plan. In determining what their recommendation shall be, the Zoning Board of Appeals shall consider the following criteria:

(1)

The extent to which the proposed development is consistent with the purposes of this Code, and of all other applicable codes and ordinances;

(2)

The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including, but not limited to, the use, lot and building regulations of the district), and the apparent merits, if any, of said deviations;

(3)

Whether the proposed design of the "PD" makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features, and so forth;

(4)

The compatibility of the proposed "PD" with adjacent properties and surrounding area; and

(5)

Any other reasonable criteria that the Zoning Board of Appeals may devise.

(C)

Decision by City Council. The City Council shall not approve any "PD" Development Plan unless:

(1)

The developer has posted a performance bond or deposited funds in escrow in the amount the City Engineer deems sufficient to guarantee the satisfactory completion of all required improvements; and

(2)

The City Attorney has stated that all legal instruments (particularly the restrictive covenants) are satisfactory; and

(3)

The proposed "PD", as evidenced by the Development Plan, complies with all applicable codes and ordinances. (Deviations to the extent permitted under Section 40-3-17 shall not be deemed as noncomplying.)

No changes shall be made to any approved "PD" Development Plan, except as follows:

(A)

Minor changes if required by engineering or other circumstances not foreseen at the time the final development plan was approved.

(B)

All other changes shall require a public hearing before the Zoning Board of Appeals.

(C)

No approved change shall have any effect until it is recorded with the County Recorder of Deeds as an amendment to the recorded copy of the development plan.

Cross reference— Article X, Division V.

If a substantial amount of construction has not begun within the time stated in the approved construction schedule, the development plan shall lapse upon written notice to the applicant from the Zoning Administrator and shall be of no further effect. However, in his discretion and for good cause, the Zoning Administrator may extend for a reasonable time the period for the beginning of construction. If a final development plan lapses as per this subsection:

(A)

The special use permit shall be automatically revoked;

(B)

Any zoning permits shall automatically become null and void; and

(C)

All regulations applicable before the "PD" was approved shall automatically be in full effect.

In conjunction with any existing or proposed development, the City shall be exempt from all of the provisions of this Section.

Parabolic or dish-type antennas located outside of the business or residence shall meet the following requirements:

(A)

Maximum number per business lot or residence lot shall be one (1). Businesses selling these discs shall be allowed a maximum of five (5). This Section shall not apply to a city franchised cable television provider.

(B)

The parabolic or dish-type antenna shall be located in the rear yard, except that when the main building is on a corner lot, the parabolic or dish-type antenna cannot be closer to the adjoining side street than the main building is permitted to be located.

(C)

The parabolic or dish-type antenna shall be placed in the rear yard, except that if a usable satellite signal cannot be obtained from the rear yard, the antenna may be located on the side yard of the property, subject to the approval of the Zoning Administrator and subject to the other requirements of this Section.

In the event that a usable satellite signal cannot be obtained from the rear or side yard of the property, such antenna may be placed on the roof of a structure subject to the approval of the Zoning Administrator and subject to the other requirements of this Section.

(D)

Screening shall be as deemed necessary by the Zoning Administrator for commercial installations.

(E)

All parts of the parabolic or dish-type antenna structure must be a minimum of five (5) feet from all property lines of the lot.

(F)

The parabolic or dish-type antenna shall be mounted on a steel pipe support embedded in a concrete foundation, and the parabolic or dish-type antenna when turned perpendicular to the ground, together with the base, shall not extend more than fifteen (15) feet above the ground. In the event that a usable signal cannot be obtained at a height of fifteen (15) feet then the pole may be raised to the minimum height necessary to obtain a clear signal for the installation. The main diameter of the parabolic or dish-type antenna shall not exceed eleven (11) feet.

(G)

All petitions for relief from the provisions of this Section shall be heard by the Zoning Board of Appeals and approved by the Zoning Board.

(H)

Observance of safe distances between the parabolic or dish-type antenna, appendages thereto, and public utility wires in accordance with public utility requirements shall be mandatory. Polar-mount and drive-motor systems shall conform to the BOCA Electric Code requirements in existence at the time of application for a permit.

(I)

A Zoning Occupancy Permit shall be required prior to erection of any such parabolic or dish-type antenna.

(J)

No parabolic or dish-type antenna shall be roof-mounted, unless the dish is four (4) feet or less in diameter and is mounted on the rear portions of the roof.

(K)

No parabolic or dish-type antenna shall be used or serve as a sign for the purpose of advertisement by a business or commercial unit.

(L)

Nuisance and Injunction. Any violation of this Section is hereby declared to be a nuisance. In addition to any other relief provided by this Code, the City Attorney may apply to a Court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this Section. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction.

(M)

This Section shall not apply to any existing parabolic or dish-type antennae which have been installed prior to the effective date of this Section.

Upon the application for and the City Council granting a special use permit, a person may occupy a structure in a single-family district that has a zero lot line for one (1) side yard. The following regulations shall apply to that district:;

(A)

Front Yard: There shall be a front yard of not less than twenty-five (25) feet in depth.

(B)

Side Yard: The total of the side yards shall be fifteen (15) feet, provided that only one (1) side yard need be provided so a building is permitted with a fifteen-foot side yard on one (1) side and with the side of the building on the lot line on the other. On a corner lot, there shall be a side yard of not less than fifteen (15) feet on the side of the building nearest the street. No part of any building shall project over onto any neighboring lot unless an easement permitting the same has been duly executed and recorded by the owner of the neighboring lot. Two (2) buildings on neighboring lots may be built touching each other with party walls or adjacent walls, provided that such walls shall comply with all applicable provisions of the Building Code relating to walls between condominiums and apartments. No two (2) buildings shall be built touching each other unless the owner(s) of each of the two (2) lots involved sign an agreement.

(C)

Lot Coverage: Not more than thirty-five percent (35%) of any lot shall be occupied by buildings of any kind.

(D)

Lot Area: Each dwelling hereinafter erected or structurally altered shall be on a lot having an area of not less than six thousand five hundred (6,500) square feet and a width of not less than fifty (50) feet, provided, however, that any lot established before the effective date of this amendment may be used as a building site even though it does not comply with the requirements of this Code.

(E)

Accessory Buildings: No accessory building shall encroach on any required front yard. No accessory building on any corner lot shall encroach on any side yard adjacent to the street. Accessory buildings shall include, but not be limited to, playhouses, storage buildings and garages. Accessory buildings shall not be used for dwellings.

(F)

Required Floor Areas: Each single-family residence located in the single side yard—Single-Family District—shall have a floor area of not less than seven hundred fifty (750) square feet. The areas of garages, open porches, cellars and basements shall not be included.

Cross reference— See Article X, Division IV for special uses.

(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 City of Carlyle. 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 40-10-24 thru 40-10-28 of the Revised Code of Ordinances of the City of Carlyle and Section (C) (Adult-Use Cannabis Facility Components) as provided herein.

(C)

Adult-Use Cannabis Facility Components: In determining compliance with 40-10-24 thru 40-10-28 of the Revised Code of Ordinances of the City of Carlyle (Special Uses), 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.

(4)

Anticipated parking demand and available private parking supply.

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

(9)

Other criteria determined to be necessary to assess compliance with 40-10-24 thru 40-10-28 of the Revised Code of Ordinances of the City of Carlyle (Special Uses).

(D)

Adult-Use Cannabis Craft Grower: In those zoning districts in which an Adult-Use Cannabis Craft Grower may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within one thousand five hundred (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 within one thousand five hundred (1,500) feet of the property line of a pre-existing 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 in compliance with 40-5-7 of the Revised Code of Ordinances of the City of Carlyle, provided, however, that the City of Carlyle may require that additional parking be provided as a result of the analysis completed through 40-3(B) (Adult-Use Cannabis: Special Use) herein.

(5)

Petitioner shall file an affidavit with the City affirming compliance with 40-3-25 as provided herein and all other requirements of the Act.

(E)

Adult-Use Cannabis Cultivation Center: In those zoning districts in which an Adult-Use Cannabis Cultivation Center may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within one thousand five hundred (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 within one thousand five hundred (1,500) feet of the property line of a pre-existing 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 comply with 40-5-7 of the Revised Code of Ordinances of the City of Carlyle, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through 40-3(B) (Adult-Use Cannabis: Special Use) herein.

(5)

Petitioner shall file an affidavit with the City affirming compliance with 40-3-25 as provided herein and all other requirements of the Act.

(F)

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 one thousand five hundred (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 two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least seventy-five (75) percent 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.

(4)

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

(5)

For purposes of determining required parking, said facilities shall comply with 40-5-7 of the Revised Code of Ordinances of the City of Carlyle, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through 40-3(B) (Adult-Use Cannabis: Special Use) herein.

(6)

Petitioner shall file an affidavit with the City affirming compliance with 40-3-25 as provided herein and all other requirements of the Act.

(G)

Adult-Use Cannabis Infuser Organization: In those zoning districts in which an Adult-Use Cannabis Infuser Organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within one thousand five hundred (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 two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least seventy-five (75) percent 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 comply with 40-5-7 of the Revised Code of Ordinances of the City of Carlyle, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through 40-3(B) (Adult-Use Cannabis: Special Use) herein.

(5)

Petitioner shall file an affidavit with the City affirming compliance with 40-3-25 as provided herein and all other requirements of the Act.

(H)

Adult-Use Cannabis Processing Organization: In those zoning districts in which an Adult-Use Cannabis Processing Organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within one thousand five hundred (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 two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least seventy-five (75) percent 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 comply with 40-5-7 of the Revised Code of Ordinances of the City of Carlyle, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through 40-3(B) (Adult-Use Cannabis: Special Use) herein.

(5)

Petitioner shall file an affidavit with the City affirming compliance with 40-3-25 as provided herein and all other requirements of the Act.

(I)

Adult-Use Cannabis Transporting Organization: In those zoning districts in which an Adult-Use Transporting Organization may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within one thousand five hundred (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 two hundred fifty (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 comply with 40-5-7 of the Revised Code of Ordinances of the City of Carlyle, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through 40-3(B) (Adult-Use Cannabis: Special Use) herein.

(5)

Petitioner shall file an affidavit with the City affirming compliance with 40-3-25 as provided herein and all other requirements of the Act.

(J)

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 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.

(K)

Co-Location of Cannabis Business Establishments. The City may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Special Use criteria within the City of Carlyle Municipal Code. In a co-location, the floor space requirements of Section (F)(3) and (G)(3) shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 1683, § 3, 2-10-20)