It is the intent and purpose of this chapter to provide regulations regarding the cultivation, processing, dispensing, and transporting of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (CRTA) (410 ILCS 705/1-1 et seq.), and the regulations provided in this chapter. In the event that the CRTA is amended, the more restrictive of the state or the city regulations (as established in this chapter) shall apply.

(Code 1994, § 5-7.1-1; Ord. No. 4454, § 3, 9-17-2019)

An adult-use cannabis business establishment facility shall require approval as a conditional use in the respective zoning use district in which such facility is to be located. In determining compliance with this chapter and eligibility as a conditional use, the following standards shall be evaluated for the proposed adult-use cannabis facility based on the entirety of the circumstances affecting the particular property for which the conditional use is sought in the context of the existing and intended future use of the adjacent and nearby properties:

(1)

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

(2)

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations and security plan, and building code compliance.

(3)

Hours of operation and anticipated number of customers/employees.

(4)

Anticipated parking demand, available private parking supply, and parking requirements established in chapter 7 of this title.

(5)

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

(6)

Site design, including access points and internal site circulation.

(7)

Proposed signage plan.

(8)

Compliance with all requirements of the specific section in this chapter for the particular type of adult-use cannabis business establishment that is being proposed, as applicable.

(9)

Other criteria determined to be necessary to assess compliance with the provisions of this chapter.

(Code 1994, § 5-7.1-2; Ord. No. 4454, § 3, 9-17-2019)

In those zoning use 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 1,000 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section.

(2)

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

(3)

For the purposes of determining required parking, adult-use cannabis craft grower shall be classified as restaurant or night club per section 5-7-6(3); provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 5-7-2.

(4)

No more than one adult-use cannabis craft grower shall be granted a conditional use under this chapter or otherwise permitted to operate in the city.

(5)

The adult-use cannabis craft grower shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this chapter.

(Code 1994, § 5-7.1-3; Ord. No. 4454, § 3, 9-17-2019)

In those zoning use 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 1,000 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section.

(2)

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

(3)

For the purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as manufacturing or industrial use per section 5-7-6(5); provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 5-7-2.

(4)

No more than one adult-use cannabis cultivation center shall be granted a conditional use under this chapter or otherwise permitted to operate in the city.

(5)

The adult-use cannabis cultivation center shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this chapter.

(Code 1994, § 5-7.1-4; Ord. No. 4454, § 3, 9-17-2019)

In those zoning use 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 1,000 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home, or within 2,500 feet of a casino gaming facility, as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section. A casino gaming facility, as used herein, shall include any casino facility holding and operating under a state gaming license but shall not include locations or businesses with video gaming operations as permitted under title 3, chapter 20. The building comprising the casino gaming facility, as used herein, shall include any structures immediately adjacent to the casino gaming facility that houses the entryway or accessway to the casino, including a pavilion or similar structure.

(2)

At least 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 CRTA.

(3)

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

(4)

For the purposes of determining required parking, adult-use cannabis dispensing organization shall be classified as "retail sales not specifically designated" per section 5-7-6(3); provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 5-7-2.

(5)

No more than three adult-use cannabis dispensing organizations shall be granted a conditional use under this chapter or otherwise permitted to operate in the city.

(6)

The hours of operation for an adult-use cannabis dispensing organization shall not be earlier than 8:00 a.m. and not later than 9:00 p.m.

(7)

No person under the age of 21 years shall be allowed to enter an adult-use cannabis dispensing organization.

(8)

No person shall reside in or permit any person to reside in an adult-use cannabis dispensing organization.

(9)

No outdoor seating areas shall be permitted at an adult-use cannabis dispensing organization.

(10)

No drive-through services or sales shall be permitted at an adult-use cannabis dispensing organization.

(11)

The adult-use cannabis dispensing organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this chapter.

(Code 1994, § 5-7.1-5; Ord. No. 4454, § 3, 9-17-2019; Ord. No. 4525, § 1, 11-3-2020; Ord. No. 4594, § 2, 9-21-2021; Ord. No. 4690, § 1, 12-20-2022; Ord. No. 4766, § 1, 1-9-2024)

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 1,000 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section.

(2)

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

(3)

For the purposes of determining required parking, adult-use cannabis infuser organizations shall be classified as manufacturing or industrial use per section 5-7-6(5); provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 5-7-2.

(4)

No more than one adult-use cannabis infuser organization shall be granted a conditional use under this chapter or otherwise permitted to operate in the city.

(5)

The adult-use cannabis infuser organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this chapter.

(Code 1994, § 5-7.1-6; Ord. No. 4454, § 3, 9-17-2019)

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 1,000 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section.

(2)

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

(3)

For the purposes of determining required parking, adult-use cannabis processing organization shall be classified as manufacturing or industrial use per section 5-7-6(5); provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 5-7-2.

(4)

No more than one adult-use cannabis processing organization shall be granted a conditional use under this chapter or otherwise permitted to operate in the city.

(5)

The adult-use cannabis processing organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this chapter.

(Code 1994, § 5-7.1-7; Ord. No. 4454, § 3, 9-17-2019)

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 1,000 feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for the purposes of this section.

(2)

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 CRTA.

(3)

For the purposes of determining required parking, adult-use cannabis transporting organization shall be classified as manufacturing or industrial use per section 5-7-6(5); provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 5-7-2.

(4)

No more than one adult-use cannabis transporting organizations shall be granted a conditional use under this chapter or otherwise permitted to operate in the city.

(5)

The adult-use cannabis transporting organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this chapter.

(Code 1994, § 5-7.1-8; Ord. No. 4454, § 3, 9-17-2019; Ord. No. 4594, § 3, 9-21-2021)

The city may approve the collocation 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 CRTA and the conditional use criteria set forth in this chapter. In a collocation, the floor space requirements of sections 4-7-5.2 and 4-7-6.4 shall not apply, but the collocated establishments shall be the sole use of the tenant space.

(Code 1994, § 5-7.1-9; Ord. No. 4454, § 3, 9-17-2019)

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

(Code 1994, § 5-7.1-10; Ord. No. 4454, § 3, 9-17-2019)

A 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. The 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 CRTA.

(Code 1994, § 5-7.1-11; Ord. No. 4454, § 3, 9-17-2019)

An application for a conditional use under this chapter shall be processed in the same manner and with the same review and approval process as required for a special use under section 5-12-10, except the standards set forth in section 4-7-2 shall apply in lieu of the special use standards set forth in section 5-12-10(f) for special uses. Further, the other provisions of section 5-12-10 shall apply to a conditional use granted under this chapter except as otherwise provided herein. The application for a conditional use filed by a petitioner shall include an affidavit affirming compliance with the applicable section of this chapter, all requirements of the CRTA, and any stipulations or conditions imposed during the review and approval process.

(Code 1994, § 5-7.1-12; Ord. No. 4454, § 3, 9-17-2019)