This title shall be administered and enforced by the zoning officer. No zoning use permit or zoning compliance certificate shall be issued by him except where there has been compliance with the provisions of this title. (Ord. 158, 6-15-1978)

   A.   Permit Required: A zoning use permit shall be obtained from the zoning officer by the owner, lessee, or other person having the right to possession, or his authorized agent, of any property or structure before commencing:

      1.   To establish, occupy, or change the use of a structure or land either by itself or in addition to another use;

      2.   To construct or erect a new structure or part thereof;

      3.   To extend or move any structure or part thereof;

      4.   To change one nonconforming use to another such use or to a special use;

      5.   To extend, expand, change, or reestablish any nonconforming use;

provided, however, that this subsection shall not apply to those persons, nor to property, structures, or uses, exempted from the regulations of this title by statute or by other provisions of this title, except to the extent specifically provided herein.

   B.   Application For Permit: Application for zoning use permits shall be filed in the office of the zoning officer on forms prescribed thereby. Such applications shall:

      1.   State the location, street number, and lot, block and/or tract comprising the legal description of the property.

      2.   State the name and address of the owner, the applicant if different from the owner, and the contractor if known.

      3.   State the estimated costs.

      4.   Describe the uses to be established or expanded.

      5.   Be accompanied by a plan in duplicate, or duplicate prints thereof, drawn approximately to scale, showing:

         a.   The actual dimensions of the lot to be built upon.

         b.   The size, shape, and location of the use to be established or the structure to be constructed.

         c.   The size, shape, and location of all existing structures and uses located on the lot.

         d.   The minimum floor elevations and highest known flood level, where applicable.

         e.   Ingress and egress.

         f.   Off street parking spaces and loading berths.

         g.   Water supply and sewage disposal facilities, including a true and correct copy of any permit.

         h.   Other information as may be necessary to provide for the proper administration and enforcement of this title.

      6.   Include any accessory structure or use established or constructed at the same time the main or principal structure or main or principal use is established or constructed.

   C.   Issuance And Scope Of Permit:

      1.   If the zoning officer determines that an application for zoning use permit and the use applied for conform to the applicable regulations and standards of this title, and if an application for a zoning compliance certificate has been made, he shall issue a zoning use permit.

      2.   Each zoning use permit for a main or principal structure or main or principal use shall also cover any accessory structure or accessory use established or constructed at the same time on the same lot or tract of land.

      3.   The zoning officer shall issue an original and a duplicate copy of the zoning use permit to the applicant and shall retain another duplicate copy for his records. The applicant's duplicate copy shall be posted in plain sight on the premises for which it is issued until the zoning compliance certificate has been issued.

   D.   Expiration Of Permit:

      1.   If the work described on any zoning use permit shall not have begun within ninety (90) days from the issuance thereof, said permit shall expire and be canceled by the zoning officer, and written notice thereof shall be given to the applicant.

      2.   If the work described on any zoning use permit shall not have been substantially completed within three hundred sixty five (365) consecutive days from the issuance thereof, said permit shall expire and be canceled by the zoning officer, and written notice thereof shall be given to the applicant, together with notice that further work as described on the canceled permit shall not proceed until a new permit shall have been issued; provided, however, that for commercial and industrial buildings, the permit shall extend for such period as set forth in the application for the zoning use permit as the time necessary to complete the building.

      3.   If a new zoning use permit is issued granting additional time for completion of the work, such new permit may require, at the discretion of the zoning board of appeals, a limitation on time allowed for the completion of the work and a performance bond to ensure completion within the time set. Such new permit shall not, in any case, be valid after three hundred sixty five (365) consecutive days from the date of issuance thereof.

      4.   A zoning use permit issued for the establishment of the use of land where no structure is involved, or on which land a structure is accessory to the main or principal use not involving any structure, shall not expire. The land so used shall be inspected by the zoning officer at one year intervals from the date of issuance of such zoning use permit to ensure compliance with the regulations and standards of this title. (Ord. 158, 6-15-1978)

   A.   Certificate Required: No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a zoning compliance certificate shall have been issued by the zoning officer.

   B.   Application For Certificate; Issuance:

      1.   No permit for excavation for, or the erection or alteration or repairs to, any building shall be issued until an application has been made for a zoning compliance certificate.

      2.   All zoning compliance certificates shall be applied for coincident with the application for a zoning use permit, and said certificate shall be issued within three (3) days after the erection or alteration shall have been approved.

      3.   Zoning compliance certificates for the use of vacant land shall be applied for before any such land shall be occupied or used, and a zoning compliance certificate shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of this title.

   C.   Records Kept: The zoning officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having proprietary on tenancy interest in the building affected. (Ord. 158, 6-15-1978)

If a parcel of land has been approved as a commercial pad site in accordance with section 10-3-6 of this code, the zoning officer shall issue a zoning use permit and a zoning compliance certificate under sections 9-3-2 and 9-3-3 of this chapter without requiring compliance with provisions of this title that are rendered inapplicable by virtue of the proposed construction of a building so as to occupy all or nearly all of the pad site. (Examples of provisions rendered inapplicable are maximum building coverage, yard requirements, off street parking space, and off street loading space.) Building setback requirements from streets or other rights of way continue to apply to the siting of the proposed commercial building upon the pad site as though the shopping center developer continued to own the pad site as part of the shopping center development. The zoning officer shall specifically review the request for a zoning use permit to confirm that the size of the proposed commercial building in relation to the size of the commercial pad site continues to satisfy the requirements of section 10-3-6 of this code. (Ord. 435, 9-23-1999)

   A.   Established: The following fees shall be charged for the processing of applications and the issuance of zoning use permits, and shall be collected by the zoning officer, who shall be accountable to the village for such fees:

 

   B.   Refunds: There shall be no refund on any zoning use permit fees paid hereunder; except, that on written application, the village board may refund, at its discretion, a portion of the fee which the village board determines exceeds the cost of zoning administration; provided, that the work authorized by such zoning permit is completed within the original time limit.

   C.   Additional Fees: No additional fee shall be charged for a permit renewal unless there is a change in the plans, in which case, the application shall be filed as a new application with a proper fee. (Ord. 158, 6-15-1978; amd. Ord. 452, 8-10-2000; Ord. 819, 11-21-2019)

The regulations and standards, restrictions, and district boundaries set forth in this title may, from time to time, be amended, supplemented, changed, or repealed. No such action may be taken unless and until:

   A.   Application For Amendment; Fee: A written application is submitted to the zoning board of appeals. Such application may be initiated by the village board, the planning commission, or the owners of more than fifty percent (50%) of the area involved. Each such application, except that initiated by the village board or by the planning commission, shall be accompanied by a fee, as may be determined by the village board, to be paid by the applicant.

   B.   Notice Of Amendment: At least fifteen (15) days' but not more than thirty (30) days' notice of the time and place of the hearing of such action shall be published in an official newspaper or a newspaper of general circulation in the village, and a copy of the application shall be referred to the planning commission for its recommendation.

   C.   Hearing:

      1.   A public hearing shall be held. Any person may appear in person or by agent or by attorney. The report of the planning commission shall be made a part of the public hearing.

      2.   The zoning board of appeals may, by majority vote, postpone or adjourn, from time to time, any public hearing. In the event of such postponement or adjournment, further publication of such action need not be made.

      3.   Within thirty (30) days after the close of the public hearing, the zoning board of appeals shall make a report to the village board on amendments to this title.

   D.   Village Board Action:

      1.   In the event that the report of the zoning board of appeals is adverse to such action referred thereto, such action shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the village board.

      2.   In case of a written protest against any such action: a) signed and acknowledged by the owners of twenty percent (20%) of the frontage, the zoning classification of which is proposed to be altered; or b) signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley from the frontage, the zoning classification of which is proposed to be altered; or c) signed and acknowledged by the owners of twenty percent (20%) of the frontage directly opposite from the frontage, the zoning classification of which is proposed to be altered; and filed with the village clerk, such action shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the village board. (Ord. 158, 6-15-1978)

   A.   Appeals To Zoning Board Of Appeals:

      1.   Right To Appeal; Notice: An appeal to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the village. The appeal shall be taken within forty five (45) days of the action complained of by filing with the zoning officer from whom the appeal is taken and with the zoning board of appeals a notice of appeal, specifying the grounds thereof. The zoning officer from whom the appeal is taken shall forthwith transmit to the zoning board of appeals all the papers constituting the record upon which the action appealed from was taken. (Ord. 158, 6-15-1978; amd. 2012 Code)

      2.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning officer from whom the appeal is taken certifies to the zoning board of appeals, after the notice of appeal has been filed with him, that, by reason stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by a court of record on application, and on notice to the zoning officer from whom the appeal is taken and on due cause shown.

      3.   Hearing: The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

      4.   Board Of Appeals Decision: The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and, to that end, has all the powers of the zoning officer from whom the appeal is taken.

   B.   Appeals To Courts:

      1.   Right To Appeal; Compliance With State Law: All final administrative decisions of the zoning board of appeals under this title shall be subject to judicial review, which appeal may be taken by any person aggrieved, or by any officer, department board, or bureau of the village, pursuant to the provisions of the "administrative review law", approved May 8, 1945, and all amendments and modifications thereto, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in section 1 of the "administrative review law".

      2.   Notice Of Appeal: Such appeal shall be made within thirty (30) days from the date of the action appealed from by filing with the zoning officer and the zoning board of appeals a notice of appeal specifying the grounds thereof. The zoning officer shall forthwith transmit to the zoning board of appeals all papers constituting the record upon which the actions appealed from were taken.

      3.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from unless the zoning officer certifies to the zoning board of appeals, after the notice of the appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order of record on application, on notice to the zoning officer and on due cause shown. (Ord. 158, 6-15-1978)

   A.   Complaint Of Violation: Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and bases thereof and shall be filed with the zoning officer. The zoning officer shall record properly such complaint, immediately investigate and take action thereon as provided by this title.

   B.   Court Action: In case any structure is erected, constructed, reconstructed, altered, or converted, or any structure or land is used in violation of this title, the zoning officer or any owner or tenant of real property in the same contiguous zoning district as the structure or land in question, in addition to other remedies, may institute an appropriate action or proceeding in any court of competent jurisdiction:

      1.   To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use of a structure.

      2.   To prevent the occupancy of the structure or land.

      3.   To prevent any illegal act, conduct, business, or use in or about such structure or land.

      4.   To restrain, correct, or abate the violation. (Ord. 158, 6-15-1978)

   C.   Penalties: Any person, firm or corporation, or agent, employees or contractors of such, who violate, disobey, omit, neglect, or refuse to comply with, or who resist enforcement of any of the provisions of this title shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) for each offense, and said person, firm or corporation shall pay all costs and expenses involved in the case. Each day a violation continues shall constitute a separate offense. (Ord. 158, 6-15-1978; amd. 2012 Code)

   D.   Additional Remedies: Nothing herein contained shall prevent the village from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 158, 6-15-1978)

A zoning board of appeals is hereby established. The zoning board of appeals shall consist of seven (7) members appointed by the village board of trustees. The members of the zoning board of appeals shall serve respectively for the following terms: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years. From the effective date hereof, all terms of office are declared to begin July 1 of a particular year and are declared to end on June 30 five (5) years later. (Ord. 158, 6-15-1978; amd. Ord. 262, 11-17-1988)

   A.   Chair: The board of trustees shall designate one of the appointed members as chair of said zoning board of appeals at the time of his appointment, and said appointed chair shall hold his office as chair until his successor is appointed. (Ord. 158, 6-15-1978)

   B.   Meetings:

      1.   All meetings may be held at the call of the chair, or as determined by the zoning board of appeals. (Ord. 158, 6-15-1978; amd. 2012 Code)

      2.   Such chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses.

      3.   All meetings of the zoning board of appeals shall be open to the public.

   C.   Minutes: The zoning board of appeals shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact.

   D.   Rules Of Procedure: The zoning board of appeals shall adopt its own rules of procedure not in conflict with the statutes of the state. (Ord. 158, 6-15-1978)

Vacancies upon the zoning board of appeals shall be filled for the unexpired term of the member whose place has become vacant. The board of trustees shall have the power to remove any member of the zoning board of appeals for cause and after a public hearing. (Ord. 158, 6-15-1978)

The zoning board of appeals shall hear and decide appeals from any order, requirement, decision or determination made by the zoning officer. The board shall also hear and decide all matters referred to it or upon which it is required to pass under this title. The concurring vote of four (4) members of the zoning board of appeals may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the zoning board of appeals may decide to be fitting and proper, and to that end, the zoning board of appeals shall also have all powers of the officer from whom the appeal is taken. The zoning board of appeals shall have the power to: (Ord. 158, 6-15-1978; amd. 2012 Code)

   A.   Permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

   B.   Interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts.

   C.   Grant a variance when it is determined in specific cases that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the regulations and standards of this title. A variance from the terms of this title shall not be granted by the board unless and until:

      1.   A written application for a variance is submitted demonstrating:

         a.   That special conditions and circumstances exist which are peculiar to the land or structure involved which are not applicable to other lands or structures in the same district.

         b.   That the literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other lands or structures in the same district under the terms of this title.

         c.   That the special conditions and circumstances do not result from the actions of the applicant.

         d.   That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands or structures in the same district.

No nonconforming use of neighboring lands or structures in the same district and no permitted use of land or structures in other districts shall be considered grounds for the issuance of a variance.

      2.   The application is in proper form and a fee as may be determined by the village board has been paid.

      3.   The zoning board of appeals shall hold a public hearing on such matter in accordance with the provisions of section 9-3-6 of this chapter. Reasonable special conditions and safeguards for the protection of the public health, safety, and welfare may be imposed by the zoning board of appeals if it grants the application for variance. (Ord. 158, 6-15-1978)

It is hereby declared the policy and purpose of this title to employ the special use as a flexible means of permitting certain exceptions to the districts established and the rules and regulations adopted herein, in cases where the public benefit of such uses outweighs the potential harm, and under such conditions imposed as are necessary to protect the public health, safety, and welfare and individual property rights. (Ord. 158, 6-15-1978)

As used in this article, a "special use" is a use which is necessary or desirable for the public welfare, but which is potentially incompatible with the uses normally permitted in the zoning districts established herein. (Ord. 158, 6-15-1978)

An application for one of the special uses of land specified in section 9-3B-6 of this article shall be made by filing a written application or petition to the zoning board of appeals. Such application shall:

   A.   State the names and addresses of applicant and owner.

   B.   State the location of property for which the special use is sought.

   C.   State the specific special use desired.

   D.   State facts sufficient to demonstrate that the conditions prescribed in section 9-3B-4 of this article exist and support such statement with any plans and/or data as are required by the zoning board of appeals. (Ord. 158, 6-15-1978)

The zoning board of appeals shall make recommendations in regard to authorization of special use permits by the village board in accordance with the procedure set forth in this article when it appears:

   A.   That it is reasonably necessary for the public convenience at that location.

   B.   That it is so designed, located and proposed as to be operated so that it will not be injurious to the district in which it shall be located or otherwise detrimental to the public welfare.

   C.   That it conforms to the applicable regulations and standards of and preserves the essential character of the district in which it shall be located.

   D.   That, in the case of an existing nonconforming use, it will make such use more compatible with its surroundings. (Ord. 158, 6-15-1978)

Special uses shall be authorized or denied by the village board of trustees in accordance with the provisions of section 9-3-6 of this chapter, which is applicable to amendments of this title, and the regulations and conditions set forth in this article and this title for special uses. No application for special use shall be acted upon by the village board of trustees until after:

   A.   A public hearing has been held by the zoning board of appeals, after due notice by publication as prescribed in section 9-3-6 of this chapter; and

   B.   A written report of the findings and recommendations of the zoning board of appeals is prepared and forwarded to the village board of trustees. The written report shall be forwarded to the village board of trustees within thirty (30) days after the close of the public hearing. (Ord. 158, 6-15-1978)

Special uses which may be authorized are as follows:

   Cemeteries in the R-1 residential and A agricultural districts.

   Churches or similar places of worship, parish houses, Sunday schools, rectory or parsonage in the R-1 and R-2 residential, A agricultural and C commercial and CPD commercial planned development districts.

   Clubs, private clubs, private lodges, country clubs, golf courses and lakes in the R residential, C commercial, CPD commercial planned development and A agricultural districts.

   Daycare centers in R-1 and R-2 residential districts.

   Electric and/or gas substations, public waterworks and appurtenant structures, telephone exchanges, police stations, fire stations, and governmental administration buildings in all districts.

   Hospitals, nursing homes, doctor clinics, and veterinarian clinics in the R-1 and R-2 residential, C commercial, CPD commercial planned development, and A agricultural districts.

   Junk dealers in the I industrial district, provided a fence is constructed in accordance with section 9-4-9 of this title.

   Keeping, raising, or feeding livestock or poultry, including dairying, poultry, swine, sheep, goats, beef cattle, pony and horse productions, fur farms, or beekeeping, or such structures for housing livestock, poultry or bees, or for preparing livestock or poultry products for market in the R-1 residential, C commercial, CPD commercial planned development, I industrial and A agricultural districts within four hundred feet (400') of any residential district boundary subject to the following standards:

   A.   At no point on the lot line of such special use shall any noise, smoke and particulate matter, vibrations, toxic or noxious matter, odors, vapors, or gases of such use be objectionable to the occupant of any adjacent property.

   B.   No such special use shall discharge into any drainage channel or watercourse material which would contaminate or make undesirable any lands or waters outside of the lot.

   Mixed Use Districts in C commercial districts, subject to the requirements of Section 9-7A-4 of this Code.

   Multi-family dwelling in the R-2 residential district with public water supply and public sanitary sewer, a minimum lot area of two thousand (2,000) square feet per dwelling unit, and subject to the standards and regulations of section 9-6B-3 of this title.

   Personal wireless service facilities in all districts, in accordance with the requirements of chapter 12 of this title.

   Planned unit development which may consist of one or more permitted uses in the R-1 and R-2 residential districts. Such a development shall be substantially in accord with the goals and objectives of the comprehensive plan and must have a major land use which corresponds to the most general category of land use proposed in the comprehensive plan for the area involved.

      A planned unit development shall be comprised of a minimum area of ten (10) acres or be bounded on all sides by streets, alleys, easements, public open spaces, or boundaries of differing zoning classifications. This requirement may be waived upon determining that an adequate development can be accomplished on a parcel of lesser size, upon the recommendation of the planning commission.

      Although one part of the area may be developed in excess of the permitted density and another part under the permitted density, the overall density of the development must not exceed the density rate permitted in that particular district.

      The front yard required in the particular district in which the development is located shall be provided at all points along the perimeter of the development area.

   Off street parking shall be provided for all uses included within the development and at the usual rate. All requests for a planned unit development shall be accompanied by a site plan, elevations, and other data in sufficient detail to permit the planning commission to properly review the proposed development.

   Public libraries, museums, art galleries, community centers and parks in the R-1 and R-2 residential, C commercial, CPD commercial planned development and A agricultural districts.

   Public, parochial or private schools (which may include a convent or teacherage) in the R-1 and R-2 residential, A agricultural, C commercial and CPD commercial planned development districts.

   Sanitary landfill in the A agricultural and I industrial districts.

   Sewage treatment plants in the A agricultural and I industrial districts.

   Topsoil removal in all districts.

   Trailer coach parks in the R-2 residential and A agricultural districts subject to regulations of the districts and the following:

   A.   The applicant shall submit approval of license by the appropriate authority.

   B.   The applicant shall submit a plan and specifications for the proposed trailer coach park. The site shall not contain less than three (3) acres, have not less than fifteen (15) trailer coach spaces at first occupancy and have no more than ten (10) trailer spaces per gross acre. The minimum size of all spaces shall be not less than three thousand (3,000) square feet.

   C.   All trailer coach spaces shall be provided with a sanitary sewer system and public water supply.

   D.   Each trailer coach space shall be provided with one off street automobile parking space.

   E.   Each trailer coach park shall be limited to provide no more than one sign of not more than eight (8) square feet in size, per public road entrance. (Ord. 158, 6-15-1978; amd. Ord. 570, 3-23-2006; Ord. 829, 11-18-2020)

In addition to any special conditions or restrictions recommended by the zoning board of appeals, the yard and setback line regulations and standards of the district in which the special use is located shall apply. (Ord. 158, 6-15-1978)

It is the intent and purpose of this Section to provide regulations regarding the dispensing of adult-use cannabis occurring within the corporate limits of the Village of Germantown Hills. 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. (Ord. 819, 11-21-2019)

An application for a Conditional Use under this Article shall be processed in the same manner and with the same review and approval process as required for a special use under Article B of this Chapter, except the standards set forth in Section 9-3C-2 of this Article shall apply in lieu of the special use standards set forth in Section 9-3B-4 for special uses. Further, the other provisions of Article B of this Chapter 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 Act, and any stipulations or conditions imposed during the review and approval process. The application must be accompanied by the appropriate filing fee as provided in Section 9-3-5 of this Code. (Ord. 819, 11-21-2019)

An Adult-Use Cannabis 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 Article 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:

   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, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

   C.   Hours of operation and anticipated number of customers/ employees.

   D.   Anticipated parking demand based on Section 9-7A-3.E. of this Code and available private parking supply.

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

   F.   Site design, including access points and internal site circulation.

   G.   Proposed signage plan.

   H.   Compliance with all requirements provided in Section 9-3C-4.

   I.   Other criteria determined to be necessary to assess compliance with Section 9-3C-4. (Ord. 819, 11-21-2019)

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

   A.   Time: A dispensary may operate between 8:00 a.m and 7:00 p.m.

   B.   Place:

      1.   Facility may not be located within 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 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

   C.   Manner:

      1.   At least 75% 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, and no dispensing organization shall also sell food for consumption on the premises.

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

      3.   Facility shall not be issued a permit to host on-site consumption of cannabis.

      4.   Signs for the facility shall not contain any images of cannabis leaf or bud, or designed or likely to appeal to minors.

   D.   Number of Cannabis Business Establishments: Only one (1) Adult-Use Cannabis Dispensing Organization shall be granted a conditional use permit under this Article or otherwise permitted to operate in the Village.

   E.   Parking: For purposes of determining required parking, said facilities shall be classified as “Retail Stores, Shops” per Section 9-7A-3.E. of this Code; provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 9-3C-3. herein.

   F.   No person under the age of twenty-one (21) shall be allowed to enter an Adult-Use Cannabis Dispensing Organization.

   G.   No person shall reside in or permit any person to reside in an Adult-Use Cannabis Dispensing Organization.

   H.   No outdoor seating areas shall be permitted at an Adult-Use Cannabis Dispensing Organization.

   I.   No drive-through services or sales shall be permitted at an Adult-Use Cannabis Dispensing Organization.

   J.   The Adult-Use Cannabis Dispensing Organization shall operate the facility in compliance with all applicable state and local laws, including the Act and the provisions of this Article. (Ord. 819, 11-21-2019)

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. 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. (Ord. 819, 11-21-2019)

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, shall not be permitted. (Ord. 819, 11-21-2019)

No on-site use or consumption of cannabis shall be permitted at any Adult-Use Cannabis Business Establishment in the Village or at any other retail or service business, private club, or similar organization location in the Village. Additionally, no onsite consumption shall be permitted of food, beverages, or other products sold at an Adult-Use Cannabis Business Establishment in the Village. (Ord. 819, 11-21-2019)

Conditional Uses which may be authorized are as follows:

Adult-Use Cannabis Dispensing Organization, as defined in Section 3-7-1 of this Code, in the C commercial and I industrial districts. Such use may be permitted only in specific situations in accordance with the procedures and requirements of this Article C. (Ord. 819, 11-21-2019)