50 - CANNABIS BUSINESSES
Sections:
A.
In addition to the requirements set forth in Sections 17.56.170 and 17.56.210 of the Village Code relating to applications for a special use permit, an applicant for special use approval of a recreational cannabis business establishment other than a recreational cannabis dispensary must submit all of the following information and documentation in its application for a special use permit for evaluation:
1.
A complete copy of all applications and plans submitted for required state licenses;
2.
Satisfactory proof that all required State licenses have been approved;
3.
Proposed hours of operation;
4.
An odor control plan;
5.
A security plan describing how the recreational cannabis business establishment will provide security for its customers and employees;
6.
An inventory control plan to prevent diversion, theft or loss of cannabis on premises and during delivery;
7.
A floor plan detailing the location, layout, floor area, name and function of each room, including, without limitation, restricted or limited access areas;
8.
A plan for the recycling and destruction of cannabis waste;
9.
A map of the surrounding area depicting that no part of the property on which the cannabis business establishment will be located is within a prohibited distance from the property line of an 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, public park, or an area zoned for residential use;
10.
A site plan detailing that the location is sufficient in size, utility infrastructure, including power allocation and lighting, parking, product handling and storage; and
11.
An affidavit attesting that the proposed recreational cannabis business is in full compliance with and, shall at all relevant times, remain in compliance with the Cannabis Regulation and Tax Act and administrative rules promulgated thereunder, as amended.
B.
Cannabis Dispensaries. In addition to the requirements set forth in Sections 17.56.170 and 17.56.210 of the Village Code relating to applications for a special use permit, an applicant for special use approval of a recreational cannabis dispensary or a medical cannabis dispensary must submit all of the information and documentation described in Subsection 17.56.010(A) of the Village Code in its application for a special use permit for evaluation, plus the following additional information and documentation:
1.
An affidavit attesting that the proposed recreational cannabis dispensary or medical cannabis dispensary is in full compliance with and, shall at all relevant times, remain in compliance with the applicable Cannabis Regulation and Tax Act and administrative rules promulgated thereunder, as amended, or the Compassionate Use of Medical Cannabis Program Act and administrative rules promulgated thereunder, as amended.
2.
A description of any additional training and education that will be provided to the proposed recreational cannabis dispensary or medical cannabis dispensary agents.
3.
A traffic study.
4.
Data projecting the anticipated vehicle parking demand generated by the proposed facility including, without limitation, the number of available parking spaces and the peak number of employees at the facility at any one (1) time.
(Ord. No. 20-01, § 6, 1-2-20)
A.
Recreational cannabis business establishments must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing, registration and security requirements.
B.
In addition to any minimum distance requirements established by state law, recreational cannabis dispensaries and medical cannabis dispensaries must be located at least one thousand five hundred (1,500) feet (measured property line to property line) from the property line of a pre-existing recreational cannabis dispensary or medical cannabis dispensary, and a minimum of five hundred (500) feet (measured property line to property line) from the property line a pre-existing public or private nursery school, preschool, elementary or secondary school or day care center, day care home, group day care home, part-day child care facility, or residential care home, public park, public library, church, chapel, temple, synagogue or other facility whose principal use is religious worship.
C.
Additional Recreational Cannabis Business Regulations. In addition to all other required special use conditions, recreational cannabis businesses must comply with the following conditions:
1.
At all times, a recreational cannabis business shall be in full compliance with the Cannabis Regulation and Tax Act and administrative rules promulgated thereunder, as amended.
2.
The development, use, operation, and maintenance of the cannabis business establishment shall be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the building commissioner or a majority of the village board in accordance with all applicable village rules, regulations, and ordinances.
3.
In addition to all state-imposed security requirements, the village may require a recreational cannabis business establishment to provide sufficient additional safeguards in response to any special security concerns.
4.
All recreational cannabis business establishments must comply with all state, county, and village regulations governing cannabis waste.
5.
Unless otherwise prescribed by state law, the board of trustees may impose hours of operation for a recreational cannabis business establishment as a condition of any zoning certificate to reduce conflicts with surrounding land uses.
6.
Recreational cannabis business establishments shall be subject to random and unannounced inspections by local law enforcement and inspections when reasonable cause to believe a violation of a village ordinance exists.
7.
A recreational cannabis business establishment other than a recreational cannabis dispensary or a medical cannabis dispensary shall be deemed to be "offices" for the limited purpose of computing the minimum number of off-street parking spaces as set forth in Table 17.28.150.1 of the Village Zoning Code.
8.
A cannabis business establishment may only be permitted as a principal use and shall not be authorized as an accessory or temporary use.
9.
The maximum number of cannabis business establishments or any particular type(s) of cannabis business establishments allowed to operate within the village shall be as set forth in Section 17.50.060 of the Village Code, as amended from time to time.
(Ord. No. 20-01, § 6, 1-2-20)
Recreational cannabis business establishments may not have a drive-through service.
(Ord. No. 20-01, § 6, 1-2-20)
No recreational cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis on the property or parking area in any form. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."
(Ord. No. 20-01, § 6, 1-2-20)
A.
Medical cannabis dispensaries must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing, registration, security and location requirements, including without limitation.
B.
Additional regulations for recreational cannabis dispensaries and medical cannabis dispensaries.
In addition to all other required special use conditions, recreational cannabis dispensaries and medical cannabis dispensaries must comply with the following conditions:
1.
The development, use, operation, and maintenance of recreational cannabis dispensaries and medical cannabis dispensaries shall be in substantial compliance with all application documents and plans, except for minor changes and site work as may be approved by the building commissioner or village board in accordance with all applicable village rules, regulations, and ordinances.
2.
All parking lots and service areas serving recreational cannabis dispensaries and medical cannabis dispensaries shall be lit in such a manner and during such hours as may be deemed necessary by the village to protect employees, customers, and visitors.
3.
Emergency vehicles, including, without limitation, police vehicles, shall at all times have unobstructed access to all sides of a structure containing a recreational cannabis dispensary or medical cannabis dispensary.
4.
Drive-through recreational cannabis dispensaries and medical cannabis dispensaries are prohibited.
5.
Cannabis, cannabis infused products, cannabis paraphernalia, or similar products shall not be displayed for public view from the exterior of the recreational cannabis dispensary or medical cannabis dispensary.
6.
Consumption of cannabis in any form, including without limitation, smoking, inhalation, or consumption, on the property or parking area of a recreational cannabis dispensary or medical cannabis dispensary is prohibited. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."
7.
A recreational cannabis dispensary or medical cannabis dispensary shall be subject to random and unannounced inspections by local law enforcement and inspections when reasonable cause to believe a violation of a village ordinance exists.
8.
Unless otherwise prescribed by state law, the board of trustees may impose hours of operation for a recreational cannabis dispensary or medical cannabis dispensary as a condition of any zoning certificate to reduce conflicts with surrounding land uses.
9.
A current, valid copy of a medical cannabis dispensary organization's registration with the department of financial and professional regulation shall be submitted to the Harwood Heights Police Department at all times.
10.
A current, valid copy of a recreational cannabis dispensary organization's registration with the department of financial and professional regulation shall be submitted to the Harwood Heights Police Department at all times.
11.
Cannabis dispensary organizations that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the Cannabis Regulation and Tax Act.
12.
All trash containers shall be located entirely within the interior of the primary structure to prevent uncontrolled access from the building's exterior, except for routine disposal of trash containers.
13.
A recreational cannabis dispensary or medical cannabis dispensary may only be permitted as a principal use and shall not be authorized as an accessory or temporary use.
14.
The maximum number of recreational cannabis dispensaries or medical cannabis dispensaries allowed to operate within the village shall be as set forth in Section 17.50.060 of the Village Code, as amended from time to time.
15.
A recreational cannabis business establishment other than a recreational cannabis dispensary or a medical cannabis dispensary, including without limitation a cannabis craft grower, shall be deemed to be a "warehouse, storage, wholesale and mail order establishments" for the limited purpose of computing the minimum number of off-street parking spaces as set forth in Table 17.28.150.1 of the Village Zoning Code.
16.
A recreational cannabis dispensary or a medical cannabis dispensary shall be deemed to fall within the "all other business and commercial establishments" use category of "Business, Commercial and Industrial Uses" for the limited purpose of computing the minimum number of off-street parking spaces as set forth in Table 17.28.150.1 of the Village Zoning Code.
(Ord. No. 20-01, § 6, 1-2-20)
A.
The corporate authorities, in their sole legislative discretion, hereby establish that cannabis business establishments are allowed within the corporate limits of the village in the following numbers for each category, provided that all required zoning approvals are obtained and the applicant has demonstrated compliance with all applicable provisions of the Village Code:
B.
In the event that:
1.
A cannabis business establishment's required state license, village special use permit, or certificate of occupancy is lapsed or revoked; or
2.
A cannabis business establishment is vacant for a continuous period of sixty (60) consecutive days or more,
then the maximum number of the corresponding type of cannabis business establishment allowed in the village as set forth in Subsection 17.50.060(A) shall be automatically reduced by one (1) without further notice.
(Ord. No. 20-01, § 6, 1-2-20)
50 - CANNABIS BUSINESSES
Sections:
A.
In addition to the requirements set forth in Sections 17.56.170 and 17.56.210 of the Village Code relating to applications for a special use permit, an applicant for special use approval of a recreational cannabis business establishment other than a recreational cannabis dispensary must submit all of the following information and documentation in its application for a special use permit for evaluation:
1.
A complete copy of all applications and plans submitted for required state licenses;
2.
Satisfactory proof that all required State licenses have been approved;
3.
Proposed hours of operation;
4.
An odor control plan;
5.
A security plan describing how the recreational cannabis business establishment will provide security for its customers and employees;
6.
An inventory control plan to prevent diversion, theft or loss of cannabis on premises and during delivery;
7.
A floor plan detailing the location, layout, floor area, name and function of each room, including, without limitation, restricted or limited access areas;
8.
A plan for the recycling and destruction of cannabis waste;
9.
A map of the surrounding area depicting that no part of the property on which the cannabis business establishment will be located is within a prohibited distance from the property line of an 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, public park, or an area zoned for residential use;
10.
A site plan detailing that the location is sufficient in size, utility infrastructure, including power allocation and lighting, parking, product handling and storage; and
11.
An affidavit attesting that the proposed recreational cannabis business is in full compliance with and, shall at all relevant times, remain in compliance with the Cannabis Regulation and Tax Act and administrative rules promulgated thereunder, as amended.
B.
Cannabis Dispensaries. In addition to the requirements set forth in Sections 17.56.170 and 17.56.210 of the Village Code relating to applications for a special use permit, an applicant for special use approval of a recreational cannabis dispensary or a medical cannabis dispensary must submit all of the information and documentation described in Subsection 17.56.010(A) of the Village Code in its application for a special use permit for evaluation, plus the following additional information and documentation:
1.
An affidavit attesting that the proposed recreational cannabis dispensary or medical cannabis dispensary is in full compliance with and, shall at all relevant times, remain in compliance with the applicable Cannabis Regulation and Tax Act and administrative rules promulgated thereunder, as amended, or the Compassionate Use of Medical Cannabis Program Act and administrative rules promulgated thereunder, as amended.
2.
A description of any additional training and education that will be provided to the proposed recreational cannabis dispensary or medical cannabis dispensary agents.
3.
A traffic study.
4.
Data projecting the anticipated vehicle parking demand generated by the proposed facility including, without limitation, the number of available parking spaces and the peak number of employees at the facility at any one (1) time.
(Ord. No. 20-01, § 6, 1-2-20)
A.
Recreational cannabis business establishments must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing, registration and security requirements.
B.
In addition to any minimum distance requirements established by state law, recreational cannabis dispensaries and medical cannabis dispensaries must be located at least one thousand five hundred (1,500) feet (measured property line to property line) from the property line of a pre-existing recreational cannabis dispensary or medical cannabis dispensary, and a minimum of five hundred (500) feet (measured property line to property line) from the property line a pre-existing public or private nursery school, preschool, elementary or secondary school or day care center, day care home, group day care home, part-day child care facility, or residential care home, public park, public library, church, chapel, temple, synagogue or other facility whose principal use is religious worship.
C.
Additional Recreational Cannabis Business Regulations. In addition to all other required special use conditions, recreational cannabis businesses must comply with the following conditions:
1.
At all times, a recreational cannabis business shall be in full compliance with the Cannabis Regulation and Tax Act and administrative rules promulgated thereunder, as amended.
2.
The development, use, operation, and maintenance of the cannabis business establishment shall be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the building commissioner or a majority of the village board in accordance with all applicable village rules, regulations, and ordinances.
3.
In addition to all state-imposed security requirements, the village may require a recreational cannabis business establishment to provide sufficient additional safeguards in response to any special security concerns.
4.
All recreational cannabis business establishments must comply with all state, county, and village regulations governing cannabis waste.
5.
Unless otherwise prescribed by state law, the board of trustees may impose hours of operation for a recreational cannabis business establishment as a condition of any zoning certificate to reduce conflicts with surrounding land uses.
6.
Recreational cannabis business establishments shall be subject to random and unannounced inspections by local law enforcement and inspections when reasonable cause to believe a violation of a village ordinance exists.
7.
A recreational cannabis business establishment other than a recreational cannabis dispensary or a medical cannabis dispensary shall be deemed to be "offices" for the limited purpose of computing the minimum number of off-street parking spaces as set forth in Table 17.28.150.1 of the Village Zoning Code.
8.
A cannabis business establishment may only be permitted as a principal use and shall not be authorized as an accessory or temporary use.
9.
The maximum number of cannabis business establishments or any particular type(s) of cannabis business establishments allowed to operate within the village shall be as set forth in Section 17.50.060 of the Village Code, as amended from time to time.
(Ord. No. 20-01, § 6, 1-2-20)
Recreational cannabis business establishments may not have a drive-through service.
(Ord. No. 20-01, § 6, 1-2-20)
No recreational cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis on the property or parking area in any form. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."
(Ord. No. 20-01, § 6, 1-2-20)
A.
Medical cannabis dispensaries must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing, registration, security and location requirements, including without limitation.
B.
Additional regulations for recreational cannabis dispensaries and medical cannabis dispensaries.
In addition to all other required special use conditions, recreational cannabis dispensaries and medical cannabis dispensaries must comply with the following conditions:
1.
The development, use, operation, and maintenance of recreational cannabis dispensaries and medical cannabis dispensaries shall be in substantial compliance with all application documents and plans, except for minor changes and site work as may be approved by the building commissioner or village board in accordance with all applicable village rules, regulations, and ordinances.
2.
All parking lots and service areas serving recreational cannabis dispensaries and medical cannabis dispensaries shall be lit in such a manner and during such hours as may be deemed necessary by the village to protect employees, customers, and visitors.
3.
Emergency vehicles, including, without limitation, police vehicles, shall at all times have unobstructed access to all sides of a structure containing a recreational cannabis dispensary or medical cannabis dispensary.
4.
Drive-through recreational cannabis dispensaries and medical cannabis dispensaries are prohibited.
5.
Cannabis, cannabis infused products, cannabis paraphernalia, or similar products shall not be displayed for public view from the exterior of the recreational cannabis dispensary or medical cannabis dispensary.
6.
Consumption of cannabis in any form, including without limitation, smoking, inhalation, or consumption, on the property or parking area of a recreational cannabis dispensary or medical cannabis dispensary is prohibited. A sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."
7.
A recreational cannabis dispensary or medical cannabis dispensary shall be subject to random and unannounced inspections by local law enforcement and inspections when reasonable cause to believe a violation of a village ordinance exists.
8.
Unless otherwise prescribed by state law, the board of trustees may impose hours of operation for a recreational cannabis dispensary or medical cannabis dispensary as a condition of any zoning certificate to reduce conflicts with surrounding land uses.
9.
A current, valid copy of a medical cannabis dispensary organization's registration with the department of financial and professional regulation shall be submitted to the Harwood Heights Police Department at all times.
10.
A current, valid copy of a recreational cannabis dispensary organization's registration with the department of financial and professional regulation shall be submitted to the Harwood Heights Police Department at all times.
11.
Cannabis dispensary organizations that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the Cannabis Regulation and Tax Act.
12.
All trash containers shall be located entirely within the interior of the primary structure to prevent uncontrolled access from the building's exterior, except for routine disposal of trash containers.
13.
A recreational cannabis dispensary or medical cannabis dispensary may only be permitted as a principal use and shall not be authorized as an accessory or temporary use.
14.
The maximum number of recreational cannabis dispensaries or medical cannabis dispensaries allowed to operate within the village shall be as set forth in Section 17.50.060 of the Village Code, as amended from time to time.
15.
A recreational cannabis business establishment other than a recreational cannabis dispensary or a medical cannabis dispensary, including without limitation a cannabis craft grower, shall be deemed to be a "warehouse, storage, wholesale and mail order establishments" for the limited purpose of computing the minimum number of off-street parking spaces as set forth in Table 17.28.150.1 of the Village Zoning Code.
16.
A recreational cannabis dispensary or a medical cannabis dispensary shall be deemed to fall within the "all other business and commercial establishments" use category of "Business, Commercial and Industrial Uses" for the limited purpose of computing the minimum number of off-street parking spaces as set forth in Table 17.28.150.1 of the Village Zoning Code.
(Ord. No. 20-01, § 6, 1-2-20)
A.
The corporate authorities, in their sole legislative discretion, hereby establish that cannabis business establishments are allowed within the corporate limits of the village in the following numbers for each category, provided that all required zoning approvals are obtained and the applicant has demonstrated compliance with all applicable provisions of the Village Code:
B.
In the event that:
1.
A cannabis business establishment's required state license, village special use permit, or certificate of occupancy is lapsed or revoked; or
2.
A cannabis business establishment is vacant for a continuous period of sixty (60) consecutive days or more,
then the maximum number of the corresponding type of cannabis business establishment allowed in the village as set forth in Subsection 17.50.060(A) shall be automatically reduced by one (1) without further notice.
(Ord. No. 20-01, § 6, 1-2-20)