Evergreen Park City Zoning Code
ARTICLE X
CANNABIS CULTIVATION AND DISPENSARIES
Sec. 25-100. Purpose and Applicability.
It is the intent and purpose of this Article to provide regulations regarding the siting and operation of cannabis organizations within the corporate limits of the Village of Evergreen Park. Such organizations shall comply with all provisions contained in the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act, as may be amended from time to time (the "Acts"), regulations enacted pursuant to authority granted through the Acts, and the regulations provided herein. In the event that any provision of the Acts or regulations are in conflict with Village provisions, then the more restrictive shall be applicable.
(Ord. No. 4-2014 § 3, 2-3-14; Am. Ord. No. 16-2021 § 3, 10-4-21)
Sec. 25-101. Procedure.
Cannabis dispensing organizations shall be a special use in the "C" Commercial District and processed in accordance with the provisions of the Evergreen Park Zoning Code and this Article. No Cannabis dispensing organization shall be sited, opened or operated unless specifically authorized under and pursuant to the Acts and the Evergreen Park Zoning Code.
(Ord. No. 4-2014 § 3, 2-3-14; Am. Ord. No. 16-2021 § 3, 10-4-21)
Sec. 25-102. Cannabis Dispensing Organization Components.
In determining compliance with Article VI of the Evergreen Park Zoning Code, the following components of the cannabis dispensing organization 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 other properties in the vicinity:
A. Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.
B. Proposed structure in which the facility will be located, total square footage, security installations, security plan, and Building Code compliance.
C. Hours of operation and anticipated number of employees at maximum operations.
D. Anticipated parking demand.
E. Traffic generation and adjacent roadway capacity.
F. Site design, including access points, internal site circulation and commercial vehicle loading, unloading and parking.
G. Proposed signage plan.
H. Proximity to a public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, a public park, or any property lawfully used in a residential manner or any residential zoning district.
I. Compliance with all requirements provided in Section 25-104 (Cannabis Dispensing Organizations).
(Ord. No. 4-2014 § 3, 2-3-14; Am. Ord. No. 16-2021 § 3, 10-4-21)
Sec. 25-103. General Zoning Restrictions.
Cannabis dispensing organizations must comply with the following locational restrictions:
(A) Be located in the "C" Commercial District south of 91st Street, north of 99th Street, west of Western Avenue and east of the B&O Railroad Tracks; provided, however that only one cannabis dispensing organization may be located south of 95th Street and only one cannabis dispensing organization may be located north of 95th Street.
(B) Be located not less than 300 feet from any pre-existing public or private nursery school, preschool, grade school, middle school, high school, church, mosque, temple, or public park when measured lot line to lot line.
(Ord. No. 4-2014 § 3, 2-3-14; Am. Ord. No. 16-2021 § 3, 10-4-21)
Sec. 25-104. Cannabis Dispensing Organization.
Cannabis dispensing organizations must comply with the following:
A. May not be located in a house, apartment, condominium or a building devoted in whole or in part to a residential use.
B. May not have a drive-thru service.
C. May not permit or allow the on-site consumption of cannabis or cannabis-infused products.
D. May not permit or allow the sale or on-site consumption of alcoholic liquor.
E. May not permit or allow any form of gambling, including that regulated by the Illinois Gaming Board.
F. Must have not less than 90% of their floor area dedicated to the sale of cannabis and cannabis-infused products.
G. Customers shall not be allowed to line up or wait outside of any building permitted as a cannabis dispensing location.
H. Hours of operation are limited to 8:00 a.m. through 10:00 p.m. daily, except that on Sunday, the opening hour shall be no earlier than 11:00 a.m.
I. For purposes of determining required parking, said facilities shall be classified as a "Health Service Office" per Section 25-80 of the Evergreen Park Zoning Code except that the number shall be calculated based on Cannabis Dispensing Organization Agents working on the property; provided, however, that not less than 20 on-site parking spaces shall be provided.
(Ord. No. 4-2014 § 3, 2-3-14; Am. Ord. No. 16-2021 § 3, 10-4-21)
Sec. 25-105. Additional Requirements.
Petitioner shall install security cameras, lighting, and other improvements as required by the Village to ensure the safety of employees and customers of the cannabis dispensing organization.
(Ord. No. 4-2014 § 3, 2-3-14; Am. Ord. No. 16-2021 § 3, 10-4-21)