A.

Intent and Purpose. Manufacturing districts are adopted to protect the character and maintain the stability of the industrial areas of the village. The M-1 Light Industrial District is established principally for the modern organized industrial area where business parks or campuses may be developed.

B.

Permitted Uses. The following uses are permitted within the M-1 district:

1.

Above-ground storage tanks and silos, accessory to a permitted or special use;

2.

Blending and bottling of beverages, but not including distilling of beverages;

3.

Blueprint and photostatting establishments;

4.

Bookbinding;

5.

Building material sales and contractor shops;

6.

Cabinet making and custom woodworking;

7.

Compounding of cosmetics, toiletries, drugs and pharmaceutical products;

8.

Engraving, printing and publishing;

9.

Gymnastics facility;

10.

Laboratories, research and testing;

11.

Lithographing;

12.

Machinery sales and service;

13.

Manufacture of candy and bakery products;

14.

Manufacture of medical and dental equipment; drafting, optical and musical instruments; watches, clocks, toys, games; and electrical or electronic apparatus from previously fabricated parts;

15.

Manufacture of wearing apparel from previously processed material and printing, and finishing of textiles and fibers into fabric goods;

16.

Motor vehicle and equipment sales and service;

17.

Professional offices, not including medical or dental offices;

18.

Radio or television recording studio;

19.

Retail sale of goods produced on site;

20.

Wholesale merchandising and storage warehousing; and

21.

Other uses similar to the above uses, as determined appropriate by the zoning administrator, if not listed in any other zoning district.

C.

Special Uses. The following uses are special uses within the M-1 district:

1.

Adult entertainment establishments, provided they may not be located within 300 feet of a school, church, park, or each other as measured from lot or parcel lines. Further, such establishments must meet all requirements for a license pursuant to Chapter 5.08.

2.

Ambulance services;

3.

Automobile service and repair, including automobile body repair and painting, but not including auto wrecking, junk yards and similar storage and salvage;

4.

Automobile rental and leasing establishment;

5.

Cartage, express, parcel delivery or motor freight terminal establishments;

6.

Churches, subject to all applicable supplemental review standards as provided in Section 16.16.040;

7.

Kennels;

8.

Machine shops which produce tools, dies and other similar custom machined parts, provided that no primary processing/fabricating of metal is conducted and no punch presses or drop hammers of one hundred fifty (150) tons or more of pressure are used;

9.

Public building or facilities erected by any governmental agency;

10.

Public utility and public service uses;

11.

Vehicle towing business, not including "motor vehicle impoundment yard";

12.

Vocational or trade school;

13.

A retail sales business or personal service business permitted in the C-2 zoning district, provided that the business is located on a lot that directly abuts an arterial roadway or collector roadway as defined in Chapter 17;

14.

Medical cannabis cultivation centers, subject to all applicable supplemental review standards as provided in Section 16.17.030.B;

15.

Medical cannabis dispensing organizations, subject to all applicable supplemental review standards as provided in Section 16.17.030.C;

16.

Adult-use cannabis craft grower, subject to all applicable supplemental review standards as provided in Section 16.17.030;

17.

Adult-use cannabis cultivation center, subject to all applicable supplemental review standards as provided in Section 16.17.030;

18.

Adult-use cannabis dispensing organization, subject to all applicable supplemental review standards as provided in Section 16.17.030;

19.

Adult-use cannabis infuser organization or infuser, subject to all applicable supplemental review standards as provided in Section 16.17.030;

20.

Adult-use cannabis processing organization or processor, subject to all applicable supplemental review standards as provided in Section 16.17.030; and,

21.

Adult-use cannabis transporting organization or transporter, subject to all applicable supplemental review standards as provided in Section 16.17.030.

D.

Accessory Uses. Accessory uses are permitted within the M-1 district in accordance with the standards in Section 16.18.020, unless listed as a permitted use or special use in any zoning district.

E.

Prohibited Uses. The uses listed as permitted or special uses within the M-1 district are not intended to allow the following uses which are prohibited:

1.

Auto wrecking, junk yards, and similar storage and salvage; and

2.

Bulk storage of oils, petroleum, or similar flammable liquids, chemicals, and hazardous or toxic materials, as a principal use on a lot.

F.

Lot Size Requirements. The following minimum lot size requirements shall be provided for all lots created within the M-1 district:

1.

Minimum Lot Area: Forty-three thousand five hundred sixty (43,560) square feet.

2.

Minimum Lot Width: 100 feet.

G.

Setback Requirements. The following minimum yards shall be provided within the M-1 district:

1.

Front Yard: 25 feet.

2.

Side Yard:20 feet.

3.

Rear Yard: 25 feet.

H.

Maximum Lot Coverage. Individual lots within the M-1 district shall include at least thirty-five percent (35%) of open space (which open space may include pedestrian walkways and patios). Buildings and other paved surfaces shall not be considered open space.

I.

Maximum Building Height. All buildings and other structures erected within the M-1 district shall not exceed 50 feet in height and shall not exceed four stories.

J.

Performance Standards. All permitted and special uses in the M-1 district shall comply with the performance standards in Section 16.17.030.

(Ord. No. 09-57, § 4, 11-3-2009; Ord. No. 13-01, § 2, 1-15-2013; Ord. No. 14-25, § 3, 6-17-2014; Ord. No. 19-35, § 5, 11-19-2019)

A.

Intent and Purpose. It is recognized that areas located near the Randall Road corridor have a development pattern that is distinct from elsewhere in the Village. The M-1-A Randall Road Light Industrial District is adopted to protect the character and maintain the stability of the Randall Road corridor, and is established specifically for industrial areas along Randall Road.

B.

Permitted Uses. The following uses are permitted within the M-1-A district:

1.

Distribution centers;

2.

Professional offices, not including medical or dental offices;

3.

Wholesale merchandising and storage warehousing, not including commercial storage facilities or self-storage facilities.

C.

Special Uses. The following uses are special uses within the M-1-A district:

1.

Laboratories, research and testing;

2.

Adult-use cannabis cultivation center, subject to all applicable supplemental review standards as provided in Section 16.17.030;

3.

Medical cannabis cultivation centers, subject to all applicable supplemental review standards as provided in Section 16.17.030.B;

4.

Light industrial uses such as assembly of pre-manufactured components or similar;

5.

Public buildings erected by any governmental agency.

D.

Prohibited Uses. The uses listed as permitted or special uses within the M-1-A district are not intended to allow the following uses which are prohibited.

1.

Above-ground storage tanks and silos;

2.

Contractor shops, including, but not limited to building, concrete, electrical, refrigeration, air conditioning, heating and ventilating, masonry, painting, plumbing, roofing, and landscaping contractors or similar;

3.

Motor freight terminals;

4.

Motor vehicle impound yards and vehicle towing businesses;

5.

Outdoor storage;

6.

All uses prohibited in the M-2 district as listed in Section 16.17.020.E.

E.

Lot Size Requirements. All lots created within the M-1-A district shall be provided with not less than ten (10) acres.

F.

Building Size Requirements. All buildings constructed within the M-1-A district shall be provided with not less than one hundred thousand (100,000) square feet of floor area.

G.

Setback Requirements. The following minimum yards, measured in feet, shall be provided within the M-1-A district:

1.

Front Yard: Fifty (50) feet.

2.

Side Yard: Twenty (20) feet.

3.

Rear Yard: Thirty (30) feet.

H.

Maximum Lot Coverage. The total lot area occupied by any building together with all impervious surfaces shall not exceed seventy (70) percent.

I.

Maximum Building Height. All buildings and other structures erected within the M-1-A district shall not exceed fifty (50) feet in height and shall not exceed four stories.

J.

Performance Standards. All permitted and special uses in the M-1-A district shall comply with the performance standards in Section 16.17.030.

(Ord. No. 22-55, § 2, 10-4-2022)

A.

Intent and Purpose. Manufacturing districts are adopted to protect the character and maintain the stability of the industrial areas of the village. The M-2 General Industrial District is established principally for non-obnoxious manufacturing.

B.

Permitted Uses. The following uses are permitted within the M-2 district:

1.

Above-ground storage tanks and silos, accessory to a permitted or special use; and

2.

Assembling, disassembling, cleaning, fabricating, manufacturing, processing, repairing, servicing, storing, and testing establishments.

C.

Special Uses. The following uses are special uses within the M-2 district:

1.

Antenna structures and towers for radio or television reception or transmission;

2.

Heliports;

3.

"Motor vehicle impoundment yard," which includes land or buildings used exclusively for the storage of vehicles towed as a result of accidents, private citizen's requests, or various police orders. Motor vehicle impoundment yards shall be illuminated by artificial light from dusk until dawn and shall be completely enclosed with a minimum six-foot solid fence with a locking gate. Motor vehicle impoundment yards shall be surfaced and drained in accordance with good engineering practices. At no time shall motor vehicle impoundment yards be used as junk yards or auto wrecking yards, or for the storage of abandoned motor vehicles beyond a period of 90 days;

4.

Public building or facilities erected by any governmental agency;

5.

Public utility and public service uses;

6.

Telephone transmission equipment, including microwave relay towers; and

7.

Vehicle towing business;

8.

A retail sales business or personal service business permitted in the C-2 zoning district, provided that the business is located on a lot that directly abuts an arterial roadway or collector roadway as defined in Chapter 17;

9.

Medical cannabis cultivation centers, subject to all applicable supplemental review standards as provided in Section 16.17.030.B.

10.

Medical cannabis dispensing organizations, subject to all applicable supplemental review standards as provided in Section 16.17.030.C.

11.

Adult-use cannabis craft grower, subject to all applicable supplemental review standards as provided in Section 16.17.030;

12.

Adult-use cannabis cultivation center, subject to all applicable supplemental review standards as provided in Section 16.17.030;

13.

Adult-use cannabis infuser organization or infuser, subject to all applicable supplemental review standards as provided in Section 16.17.030;

14.

Adult-use cannabis processing organization or processor, subject to all applicable supplemental review standards as provided in Section 16.17.030; and,

15.

Adult-use cannabis transporting organization or transporter, subject to all applicable supplemental review standards as provided in Section 16.17.030.

D.

Accessory Uses. Accessory uses are permitted within the M-2 district in accordance with the standards in Section 16.18.020, unless listed as a permitted use or special use in any zoning district.

E.

Prohibited Uses. The uses listed as permitted or special uses within the M-2 district are not intended to allow the following uses which are prohibited:

1.

Acid manufacture;

2.

Arsenals;

3.

Auto wrecking, junk yards, and similar storage and salvage;

4.

Bulk storage of oils, petroleum or similar flammable liquids, chemicals, and hazardous or toxic materials, as a principal use on a lot;

5.

Cement concrete or asphaltic concrete mixing plants;

6.

Cement, lime, gypsum or plaster of paris manufacture;

7.

Crematories;

8.

Creosote treatment or manufacture;

9.

Dumping, reduction or other processing of garbage, dead animals, offal or refuse, except as customarily incidental to a permitted principal use;

10.

Fat rendering;

11.

Fertilizer manufacture;

12.

Fireworks or explosive manufacture or storage;

13.

Natural or synthetic rubber, caoutchouc or gutta percha manufacture or treatment;

14.

Nitrocellulose manufacture;

15.

Ore reduction;

16.

Paper manufacture;

17.

Petroleum processing or refining;

18.

Pyroxylin manufacture;

19.

Salt works;

20.

Sauerkraut manufacture;

21.

Smelters;

22.

Soap manufacture;

23.

Stockyard or slaughter of animals or fowls;

24.

Synthetic polymer manufacture;

25.

Tallow, grease or lard manufacture or treatment;

26.

Tanning, curing or storage of rawhides or skins; and

27.

Tar distillation or manufacture.

F.

Lot Size Requirements. The following minimum lot size requirements shall be provided for all lots created within the M-2 district:

1.

Minimum Lot Area: Two acres.

2.

Minimum Lot Width: 200 feet.

G.

Setback Requirements. The following minimum yards shall be provided within the M-2 district:

1.

Front Yard: 50 feet.

2.

Side Yard:20 feet.

3.

Rear Yard: 30 feet.

H.

Maximum Lot Coverage. Individual lots within the M-2 district shall include at least thirty-five percent (35%) of open space (which open space may include pedestrian walkways and patios). Buildings and other paved surfaces shall not be considered open space.

I.

Maximum Building Height. All buildings and other structures erected within the M-2 district shall not exceed 50 feet in height and shall not exceed four stories.

J.

Performance Standards. All permitted and special uses in the M-2 district shall comply with the performance standards in Section 16.17.030.

(Ord. No. 09-57, § 4, 11-3-2009; Ord. No. 13-01, § 3, 1-15-2013; Ord. No. 14-25, § 4, 6-17-2014; Ord. No. 19-35, § 6, 11-19-2019)

A.

Performance standards for the M-1 and M-2 zoning districts:

1.

Permit Procedure. Before issuing any building permit, the zoning administrator shall be given information by the applicant sufficient to enable the zoning administrator or his or her designee to determine that all the performance standards of this section can and will be complied with at all times. All information and evidence submitted in applications to indicate conformity with the performance standards set forth in this subsection shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times. At the request of the zoning administrator or his or her designee, the applicant shall provide.

a.

A site plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas and other constructional features of the site, as well as all structures, streets, streams, and any other significant features within 200 feet of the proposed site;

b.

A description of the activity to be conducted in sufficient detail to indicate the extent to which the proposed operation will produce waste products, conditions, or external effects which are regulated or otherwise limited by this Code;

c.

A description of the type and location of any abatement devices or recording instruments used to control or measure conformity with any of the standards set forth in this chapter;

d.

Such other data and certification as may reasonably be required by the zoning administrator to reach a determination.

2.

Storage. All storage areas, where permitted, shall be screened with either solid privacy fencing or masonry construction that complements the overall building design and materials, as well as landscaping so as to completely shield view of items being stored,

3.

Noise. All uses shall comply with the noise regulations in Chapter 8.16 of Title 8 of the Carpentersville Municipal Code.

4.

Vibration:

a.

At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.05 inches per second.

b.

Particle velocity is to be determined by the formula 6.28 FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this title, steady state vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.

5.

Smoke and Particulate Matter. The emission, from all sources within any lot, of particulate matter containing more than five percent (5%) by weight, of particles having a particle diameter larger than forty-four (44) microns is prohibited. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one-half pound per acre of lot size during any one hour. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting or other acceptable means. The emission of smoke or particulate matter of a density greater than No. 1 on the Ringelmann Chart as published by the U.S. Bureau of Mines is prohibited, except that Ringelmann No. 2 will be permitted for five minutes, or Ringelmann No. 3 for three minutes during any eight-hour period, for the purpose of building fires or soot blowing.

6.

Odor. The emission of odorous matter in such quantity as to be offensive at a point along or outside any lot line shall not be permitted. In determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5 of the "Air Pollution Abatement Manual" (copyright 1951) by Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide.

7.

Toxic and Noxious Matter. No emission which would be demonstrably injurious to human health, animals or plant life, on the ground at or beyond any lot line shall be permitted. Where such emission could be produced as a result of accident or equipment malfunction, adequate safeguards considered standard for safe operation in the industry involved shall be taken. This shall not be construed to prohibit spraying of pesticides on public or private property.

8.

Radiation Hazards. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with:

a.

The applicable regulations of the Nuclear Regulatory Commission;

b.

The applicable regulations of any instrumentality of the State of Illinois.

9.

Fire and Explosive Hazards.

a.

The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning (excluding household items in quantities customarily found in the home) is prohibited unless storage, utilization and manufacture takes place within completely enclosed buildings having incombustible exterior walls, and in accordance with all applicable standards.

b.

Activities involving the transportation, storage or utilization of materials or products which decompose by detonation are prohibited unless:

1.

Such materials shall be stored or utilized in accordance with the regulations promulgated by the state of Illinois and local jurisdictions with respect to explosives, and explicit written notice of intent to transport, store or utilize such materials shall be given to the village manager and fire chief (Carpentersville Fire Department or applicable Fire Protection District) prior to such transportation, storage or utilization.

2.

Such materials shall include, but not be limited to, all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrozine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chloride and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.

c.

All activities involving the use and/or storage and/or disposal of explosive material or of substances having a flash point less than one hundred eighty-seven (187) degrees Fahrenheit shall be provided with adequate safety and protection devices against hazards of fire and explosion, as well as with adequate firefighting and suppression equipment and devices standard to the industry involved, and in accordance with all applicable standards.

10.

Heat. Every use and activity shall be so operated that it does not raise the ambient temperature at or beyond the boundary of any lot line.

11.

Glare. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in residential districts.

12.

Electromagnetic Interference. There shall be no electromagnetic interference that:

a.

Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference, or that

b.

Is not in conformance with the regulations of the Federal Communication Commission.

B.

Supplemental Standards for Medical Cannabis Cultivation Centers:

1.

A medical cannabis cultivation center may not be located within two thousand five hundred (2,500) feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or area zoned for residential use.

2.

A medical cannabis cultivation center may not be located within one thousand (1,000) feet of the property line of a pre-existing cultivation center or medical cannabis dispensing organization.

3.

In accordance with State statutes and regulations, medical cannabis cultivation centers are prohibited from advertising through any public medium. Therefore, a medical cannabis cultivation center may not install, construct, erect, alter, enlarge, replace, or move any signs other than site-relevant incidental signs, building memorial markers, and nameplates, and only in compliance with Chapter 16.40.

4.

Medical cannabis cultivation centers must be constructed, maintained, and operated in strict compliance with all applicable State statutes and regulations.

C.

Supplemental Standards for Medical Cannabis Dispensing Organizations:

1.

A medical cannabis dispensing organization may not be located within one thousand (1,000) feet of the property line of a preexisting public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility.

2.

A medical cannabis dispensing organization may not be located in a house, apartment, or condominium.

3.

A medical cannabis dispensing organization may not permit any person to consume cannabis on the property of a medical cannabis dispensing organization.

4.

A medical cannabis dispensing organization may not share office space with or refer patients to a physician.

5.

No drive-through facility may be constructed or operated in conjunction with any medical cannabis dispensing organization.

6.

No medical cannabis dispensing organization may be open for business before 6:00 a.m. or after 10:00 p.m. on any day.

7.

A sufficient number of parking spaces for the medical cannabis dispensing organization must be provided in compliance with Chapter 16.32. Additionally, the parking provided for a medical cannabis dispensing organization must be reserved for the exclusive use of dispensing organization employees and patrons, and may not be shared with other businesses.

8.

Medical cannabis dispensing organizations must be constructed, maintained, and operated in strict compliance with all applicable State statutes and regulations.

D.

Supplemental review standards for the granting of a special use permit for all adult-use cannabis business establishments:

1.

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

2.

Proposed structure in which the adult-use cannabis business establishment 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 based on Chapter 16.32 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 for the specific adult-use cannabis business establishment provided in Section 16.17.030.E for an adult-use cannabis cultivation center, Section 16.16.040.K for an adult-use cannabis craft grower, Section 16.16.040.L for an adult-use cannabis dispensing organization, Section 16.17.030.F for an adult-use cannabis infuser organization or infuser, Section 16.17.030.G for an adult-use cannabis processing organization or processor, and Section 16.17.030.H for an adult-use transporting organization or transporter.

9.

Other criteria determined to be necessary to assess compliance with Chapter 16.17.

E.

Supplemental review standards for the granting of a special use permit for adult-use cannabis craft grower:

1.

An adult-use cannabis dispensing organization may not be located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section 16.17.030.

2

An adult-use cannabis craft grower may not be located in a dwelling unit or within one hundred (100) feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

An adult-use cannabis craft grower may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

4.

The village board may approve the co-location of an adult-use cannabis craft grower with an adult-use cannabis dispensing organization or an adult-use cannabis infuser organization or infuser, or both, subject to the provisions of the Cannabis Regulation and Tax Act and the Conditional Use criteria within Section 16.17.030. In a co-location, the floor space requirements of Section 16.17.030.G.2 and 16.17.030.H.3 shall not apply, but the co-located establishments shall be the sole use of the space.

5.

A sufficient number of parking spaces for an adult-use cannabis craft grower must be provided in compliance with Chapter 16.32, provided, however, that additional parking may be required as a result of the analysis completed through this Section 16.17.030.

6.

An adult-use cannabis craft grower shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditions of the special use permit, to ensure the safety of employees and customers of the adult-use cannabis craft grower, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis craft grower and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act.

7.

An adult-use cannabis craft grower shall comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided herein. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the state or local regulations shall apply.

8.

Applicant shall file an affidavit with the village affirming compliance with this Chapter 16.17 and all other requirements of the Cannabis Regulation and Tax Act.

F.

Supplemental review standards for the granting of a special use permit for adult-use cannabis cultivation center:

1.

An adult-use cannabis cultivation center may not be located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section 16.17.030.

2.

An adult-use cannabis cultivation center may not be located in a dwelling unit or within one hundred (100) feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

An adult-use cannabis cultivation center may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

4.

A sufficient number of parking spaces for an adult-use cannabis cultivation center must be provided in compliance with Chapter 16.32, provided, however, that additional parking may be required as a result of the analysis completed through this Section 16.17.030.

5.

An adult-use cannabis cultivation center shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditions of the special use permit, to ensure the safety of employees and customers of the adult-use cannabis cultivation center, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis cultivation center and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act.

6.

An adult-use cannabis cultivation center shall comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided herein. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the state or local regulations shall apply.

7.

Applicant shall file an affidavit with the village affirming compliance with this Chapter 16.17 and all other requirements of the Cannabis Regulation and Tax Act.

G.

Supplemental standards for all adult-use cannabis dispensing establishments:

1.

An adult-use cannabis dispensing organization may not be located on a property where the property line is located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section 16.17.030.

2.

At least seventy-five (75) percent of the floor area of any space occupied by an adult-use cannabis dispensing organization shall be devoted to the activities of the adult-use cannabis dispensing organization as authorized by the Cannabis Regulation and Tax Act, and no adult-use cannabis dispensing organization shall also sell food for consumption on the premises other than as authorized in Section 16.17.030.G.4 in the same space.

3.

An adult-use cannabis dispensing organization may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

4.

An adult-use cannabis dispensing organization 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 Section 16.17.030.G.7 shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit may be suspended or revoked following notice and hearing as provided in Chapter 2.97.

5.

An adult-use cannabis dispensing organization may include a co-located adult-use cannabis infuser organization as an accessory use within the same freestanding structure or tenant space, subject to the provisions of the Cannabis Regulation and Tax Act and the supplemental standards within Section 16.17.030. In such a co-location, the floor space requirements of Section 16.17.030.G.2 shall not apply, but the co-located establishments shall be the sole use of the space.

6.

A sufficient number of parking spaces for an adult-use cannabis dispensing organization must be provided in compliance with Chapter 16.32.

7.

An adult-use cannabis dispensing organization shall install building enhancements, such as security cameras, lighting or other improvements to ensure the safety of employees and customers of the adult-use cannabis dispensing organization, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis dispensing organization and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act.

8.

An adult-use cannabis dispensing organization shall comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided herein. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the state or local regulations shall apply.

9.

The owner of an adult-use cannabis dispensing organization shall file an affidavit with the village affirming compliance with this Chapter 16.17 and all other requirements of the Cannabis Regulation and Tax Act prior to the issuance of a certificate of occupancy by the village.

H.

Supplemental review standards for the granting of a special use permit for adult-use cannabis infuser organization or infuser:

1.

An adult-use cannabis infuser organization or infuser may not be located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section 16.17.030.

2.

An adult-use cannabis infuser organization or infuser may not be located in a dwelling unit or within one hundred (100) 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 space occupied by an adult-use cannabis infuser organization or infuser shall be devoted to the activities of the adult-use cannabis infuser organization or infuser as authorized by the Cannabis Regulation and Tax Act.

4.

An adult-use cannabis infuser organization or infuser may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

5.

The village board may approve the co-location of an adult-use cannabis infuser organization or infuser with an adult-use cannabis craft grower or an adult-use cannabis dispensing organization, or both, subject to the provisions of the Cannabis Regulation and Tax Act and the Conditional Use criteria within Section 16.17.030. In a co-location, the floor space requirements of Sections 16.17.030.G.2 and 16.17.030.H.3 shall not apply, but the co-located establishments shall be the sole use of the space.

6.

A sufficient number of parking spaces for an adult-use infuser organization or infuser must be provided in compliance with Chapter 16.32, provided, however, that additional parking may be required as a result of the analysis completed through this Section 16.17.030.

7.

An adult-use cannabis infuser organization or infuser shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditions of the special use permit, to ensure the safety of employees and customers of the adult-use cannabis infuser organization or infuser, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis infuser organization or infuser and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act.

8.

An adult-use cannabis infuser organization or infuser shall comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided herein. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the state or local regulations shall apply.

9.

Applicant shall file an affidavit with the village affirming compliance with this Chapter 16.17 and all other requirements of the Cannabis Regulation and Tax Act.

I.

Supplemental review standards for the granting of a special use permit for adult-use cannabis processing organization or processor:

1.

An adult-use cannabis processing organization or processor may not be located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section 16.17.030.

2.

An adult-use cannabis processing organization or processor may not be located in a dwelling unit or within one hundred (100) 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 space occupied by an adult-use cannabis processing organization or processor shall be devoted to the activities of the adult-use cannabis processing organization or processor as authorized by the Cannabis Regulation and Tax Act.

4.

An adult-use cannabis processing organization or processor may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

5.

A sufficient number of parking spaces for an adult-use cannabis processing organization or processor must be provided in compliance with Chapter 16.32, provided, however, that additional parking may be required as a result of the analysis completed through this Section 16.17.030.

6.

An adult-use cannabis processing organization or processor shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditions of the special use permit, to ensure the safety of employees and customers of the adult-use processing organization or processor, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis processing organization or processor and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act.

7.

An adult-use cannabis processing organization or processor shall comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided herein. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the state or local regulations shall apply.

8.

Applicant shall file an affidavit with the village affirming compliance with this Chapter 16.17 and all other requirements of the Cannabis Regulation and Tax Act.

J.

Supplemental review standards for the granting of a special use permit for adult-use cannabis transporting organization or transporter:

1.

An adult-use cannabis transporting organization or transporter may not be located within one hundred (100) feet of the property line of a pre-existing public or private nursery school, preschool, or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section 16.17.030.

2.

An adult-use cannabis transporting organization or transporter may not be located in a dwelling unit or within one hundred (100) feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

An adult-use cannabis transporting organization or transporter shall be the sole use of the space in which it is located.

4.

An adult-use cannabis transporting organization or transporter may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act.

5.

A sufficient number of parking spaces for an adult-use cannabis transporting organization or transporter must be provided in compliance with Chapter 16.32, provided, however, that additional parking may be required as a result of the analysis completed through this Section 16.17.030.

6.

An adult-use cannabis transporting organization or transporter shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditions of the special use permit, to ensure the safety of employees and customers of the adult-use cannabis transporting organization or transporter, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis transporting organization or transporter and the site on which it is located, consistent with the requirements of the Cannabis Regulation and Tax Act.

7.

An adult-use cannabis transporting organization or transporter shall comply with all regulations provided in the Cannabis Regulation and Tax Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided herein. In the event that the Cannabis Regulation and Tax Act is amended, the more restrictive of the state or local regulations shall apply.

8.

Applicant shall file an affidavit with the village affirming compliance with this Chapter 16.17 and all other requirements of the Cannabis Regulation and Tax Act.

(Ord. No. 09-57, § 4, 11-3-2009; Ord. No. 14-25, § 5, 6-17-2014; Ord. No. 19-35, § 7, 11-19-2019)