A.   In their interpretation and application, the provisions of this title shall be held to be the minimum requirements deemed necessary for the promotion of the public health, safety and general welfare.

   B.   This title is not intended to abrogate any easement, covenant, or other private agreement; provided, that where the requirements of this title are more restrictive than such easements, covenants or private agreements, the requirements of this title shall govern.

   C.   To the extent that a building, structure or use not lawfully existing at the effective date hereof is in conflict with the requirements of this title, said building, structure or use shall remain unlawful hereunder.

   D.   Where the conditions imposed by any provision of this title are either more or less restrictive than conditions imposed by any other provisions of the Illinois municipal code or any other law, ordinance, resolution, rule or regulation applicable to property or to the use of property within the village, the regulation which is more restrictive or which imposes the higher standard or requirement shall govern. (Ord. 2009-36, 4-6-2009)

The regulations and requirements for the districts established by this title are to apply uniformly to each class or kind of use, structure or land. Whenever, in the course of applying and enforcing this title, it is necessary or desirable to make any administrative decisions, unless other standards are provided for in this title, the decision is to be made so that the result will be neither contrary to the spirit, intent, and purpose of this title nor injurious to the surrounding neighborhood. In addition hereto:

   A.   No person shall hereafter use or occupy a building, structure or land, or establish a use, or construct, reconstruct, erect, place, move, structurally alter or maintain any building, structure or part thereof within the village unless such use, building, structure or land is in conformity with all the regulations herein specified for the district in which it is located or otherwise herein permitted.

   B.   It shall be the duty, obligation and responsibility of the owner of property within the village to permit and maintain its use and occupancy only in strict accordance with the requirements of this title.

   C.   No person shall hereinafter use any part of a lot, yard or other open space or off street parking or loading space in violation of or in connection with any use or structure that does not comply with provisions and purposes of this title. (Ord. 2009-36, 4-6-2009)

   A.   Building Under Construction: Where a building permit has been lawfully issued pursuant to title 10, chapter 3 of the village code, such building and uses shall be subject to the provisions of this title pertaining to nonconforming buildings and uses if the building or use is nonconforming.

   B.   Uses And Structures: The following uses are exempted by this title and are permitted in all districts: light poles, traffic regulatory signs, directional signs, street name signs, utility poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, railroad rights of way containing railroad tracks, public rights of way, and temporary buildings at construction sites, gas regulator stations, sewage lift stations, water wells and pumping stations, when located underground.

   C.   Height Regulations: The following uses and structures are exempted from the height regulations in this title: church spires, belfries, cupolas, water tanks, flagpoles, public monuments, farm buildings, ventilators, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Heights for signs shall be regulated by chapter 10 of this title.

   D.   Telecommunications Antennas And Facilities: Telecommunications antennas and telecommunications antenna facilities shall be permitted, subject to, and governed by chapter 9 of this title and to the extent not inconsistent with the provisions of this title.

   E.   Existing Lawful Buildings, Structures And Uses: Any building, structure, or use lawfully existing at the effective date hereof may be continued except those building, structures or uses now considered nonconforming, which shall hereinafter be subject to the provisions of section 11-4-7 of this chapter. (Ord. 2009-36, 4-6-2009)

On a lot devoted to a permitted principal use, customary accessory uses and structures are authorized as specifically, or by necessary implication, set forth in this or any code, ordinance, rule or regulation applicable to the village. The following requirements are applicable to all accessory structures and uses, in addition to the requirements for accessory off street parking facilities as set forth in chapter 11 of this title:

   A.   Compatible With Existing Use: Accessory buildings, structures and uses shall be compatible with the principal uses and shall not be established prior to the establishment of the principal use.

   B.   Structures For Charitable Organizations: The temporary outdoor storage (in shipping containers, storage containers, or in trailers) of materials for charitable and philanthropic organizations shall be permitted in front, rear, and side yards as an accessory use; provided, that such temporary outdoor storage use shall not be located in any way that impedes the use of any required off street parking or loading spaces required by chapter 11 of this title. Such containers shall not be permitted on a site more than ninety (90) days in any calendar year.

   C.   Bulk Requirements: An accessory building or structure hereafter constructed, erected, placed, structurally altered, enlarged or moved, except as otherwise permitted in this title, shall be subject to the following bulk requirements:

      1.   No accessory building or structure shall be permitted within the required front or side yards of a lot, as set forth in each district. (For exemptions see section 11-4-5 of this chapter.)

      2.   No accessory building or structure shall be permitted nearer than ten feet (10') from the nearest wall of a principal building nor shall it be located nearer than three feet (3') from a side or rear lot line. No accessory building or structure shall be located or placed on any easement. No accessory buildings shall be permitted nearer than ten feet (10') to an alley right of way line when the entrance to the accessory building for motor vehicles is parallel to and facing such alley right of way line.

      3.   No accessory building or structure in a residential district shall exceed one story or fifteen feet (15') in height (whichever is less). Accessory buildings or structures in all other districts may be constructed to equal the permitted height in that district. The foregoing height limits shall not apply to telecommunications antennas and telecommunications antenna facilities authorized pursuant to chapter 9 of this title.

      4.   The gross floor area of an accessory building or structure to be constructed in any zoning district shall not exceed thirty percent (30%) of the rear yard of the lot on which such accessory building is to be constructed. The gross floor area of an accessory building or structure to be constructed in residential districts shall not exceed the ground floor area of the principal building located on the same lot nor one thousand (1,000) square feet, whichever is less.

      5.   No manufactured home, mobile home or other similar portable structure or building shall be used as an accessory building or structure except when used incidentally to and temporarily for construction operations of a principal use; provided, however, lawn equipment storage buildings not exceeding one hundred forty four (144) square feet in area and a maximum height of twelve feet (12') to the highest point on such buildings are permitted as accessory buildings. It shall be unlawful to use any portable on demand storage container or other similar portable structure as an accessory building or accessory structure located on any residential district lot except when used temporarily during construction or moving operations of a principal use. Such portable containers or structures shall be removed from such residential district lot within fourteen (14) consecutive days after the date of completion of such construction or moving operations.

      6.   An accessory building which is attached to a principal building shall be considered as a part of the principal building and shall be subject to all regulations governing the location of principal buildings.

      7.   An accessory building which is not attached to a principal building may contain a rooming unit as an accessory use; provided, that such rooming unit is occupied by a person who is related by blood, adoption, or marriage to a member of the family occupying the single-family dwelling in the principal building located on the same lot as such accessory building; or provided, that such rooming unit is occupied by a household servant employed by the family occupying the single-family dwelling in such principal building.

      8.   No incinerator shall be hereafter constructed, erected, placed, structurally altered, or enlarged in or within two thousand feet (2,000') of property zoned residential.

   D.   Home Occupations: A home occupation or profession shall be permitted as an accessory use in any dwelling unit located in a residential district subject to the following restrictions:

      1.   Such home occupation shall be conducted entirely within the dwelling unit;

      2.   No special outside entrance shall be required or provided in connection with the home occupation;

      3.   The total floor area devoted to such home occupation shall not exceed twenty five percent (25%) of the gross floor area of the dwelling unit, nor more than twenty five percent (25%) of the gross floor area of any story devoted to such use, nor more than two hundred (200) square feet of floor area if such use is conducted in an accessory building;

      4.   No sign is used, other than a nameplate not more than two (2) square feet in area, and no other exterior display or activity indicating that a building is being used for a home occupation shall be permitted;

      5.   There are no commodities sold or services rendered that require receipt and delivery of merchandise, goods, or equipment by other than ordinary mail or parcel post;

      6.   There is no person other than members of the family residing in the dwelling unit employed or otherwise engaged in such home occupation; and

      7.   There are no accessory buildings used in whole or in part. (Ord. 2009-36, 4-6-2009)

      8.   Health spas, motor vehicle repair garages and similar activities are prohibited as home occupations. A daycare home is permitted as a home occupation only within a dwelling unit where the daycare home operator is licensed by the Illinois department of children and family services under the Illinois child care act of 1969, 225 Illinois Compiled Statutes 10/1 et seq. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)

      9.   a. A barbershop, hair salon, beauty shop or massage therapy studio shall be located entirely within a dwelling unit and shall not exceed a floor area of more than three hundred (300) square feet, nor more than one chair for performing professional barbershop or beauty shop services nor, more than one customer table for performing professional massage therapy to not more than one customer at a time by appointment only. It shall be unlawful for more than one barbershop, beauty shop or massage therapy customer motor vehicle to be parked at any one time either in the site's driveway or in the street along the site's front lot line.

         b.   It shall be unlawful for any person to conduct or operate a barbershop, hair salon or beauty shop unless said person is licensed by the state of Illinois to operate a barbershop, hair salon or beauty shop. (Ord. 2009-36, 4-6-2009)

      10.   A professional person may use his dwelling for consultation or performance of religious rites, but not for the general practice of the profession. An instructor of music or dance shall be permitted to instruct not more than one pupil at a time in any dwelling unit or accessory building. (Ord. 2009-36, 4-6-2009; amd. 2011 Code)

      11.   A person may use his dwelling for occasional sales to the public, provided such sales occur no more than twelve (12) days per calendar year.

      12.   Garage sales may be conducted as a home occupation, provided no more than three (3) sales are held per year at any one residence, and such sales last no more than twelve (12) days per year.

   E.   Telecommunications Antenna Facilities: Telecommunications antenna facilities shall be permitted only as an accessory structure on protected residential property and shall conform to the requirements provided in chapter 9 of this title. (Ord. 2009-36, 4-6-2009)

   A.   General Lot And Yard Requirements: The following lot and yard regulations shall apply to all lots or tracts of land on which the structure is located:

      1.   The minimum yard space required for one structure or use shall not again be considered as the yard of any other, including an adjoining structure or use.

      2.   Yards required by this title shall be located on the same lot as the principal building or use.

      3.   No lot shall hereafter be divided into two (2) or more lots, and no part of a lot shall be sold unless all resultant lots conform to all yard regulations in the district where the lot is located unless such sale is to the owner of any adjoining lot.

      4.   Where a lot is zoned into a commercial district or manufacturing district, as provided by chapter 7 of this title and is contiguous to or across an alley from a lot zoned in a residence district, also provided by chapter 7 of this title, the side yard and rear yard required by subsection 11-7-2F of this title in said residence district shall be provided in the side yard and rear yard of the lot in said commercial district and manufacturing district that are contiguous to or across the alley from the lot in said residence district.

      5.   The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence.

      6.   No legally required yards, other open space or minimum lot area allocated to any building, shall, by virtue of change of ownership or for any other reason, be used to satisfy yards, other open space, or minimum lot area requirements for any other building.

      7.   No yards, now or hereafter provided for a building existing on the effective date hereof, shall subsequently be reduced below or further reduced if already less than the minimum yard requirements of this title for equivalent new construction.

      8.   Where a front yard setback has been established by buildings existing on lots having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the aforementioned existing buildings.

   B.   Visibility Regulations For Clear Sight Distance:

      1.   Street Intersections: Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede visibility between a height of two and one-half feet (21/2') and ten feet (10') above the top curb line grades of intersecting streets in the area defined by the visibility triangles illustrated in section 11-12-1, figure 2, of this title.

      2.   Intersections Of Streets With Alleys And Driveways: At the intersection of a public or private street with a public or private driveway or alley, no landscaping shall be placed, planted, or allowed to grow in such a manner as to impede visibility between a height of two and one-half feet (21/2') and ten feet (10') above the curb top elevation of the street within the visibility triangle area formed by the street curb line intersection with the driveway or alley pavement line, and with the hypotenuse (third side of the triangle) connecting said curb line and said pavement line at distances from their intersection equal to twenty feet (20') along the driveway or alley line and thirty feet (30') along the street curb line.

      3.   U.S. Highway 51: Nothing shall be erected, placed, planted or allowed to grow within a distance of thirty five feet (35') of the outside right of way line on either side of new U.S. Highway 51 as located within the village territorial limits.

   C.   Transitional Area Regulations:

      1.   Front Yards: When the front yard or any lot hereafter rezoned into a commercial or manufacturing district is contiguous to or across a street or alley from any lot zoned residential, the following transitional front yard shall be provided:

         a.   The owner or developer of such lot rezoned into a commercial or manufacturing district shall provide along the entire width of such lot a front yard with a depth equal to or greater than the required front yard for such residential zoned lot.

         b.   Off street parking in the front yard required by chapter 11 of this title shall be prohibited.

      2.   Side And Rear Yards: When the side yard and/or rear yard of any lot hereafter rezoned into a commercial or manufacturing district is contiguous to or across an alley from any lot rezoned residential, the following transitional yard requirements shall apply:

         a.   The owner or developer of such lot rezoned into a commercial or manufacturing district shall provide a transitional side yard having a minimum depth of ten feet (10') in addition to the required side yard for said rezoned lot. Such transitional side yard shall be provided along the side lot line that is contiguous to or across an alley from any lot zoned residential.

         b.   The owner or developer of said rezoned lots shall provide a transitional rear yard having a minimum depth of fifteen feet (15') in addition to the required rear yard for said rezoned lot. Said transitional rear yard shall be provided along the rear lot line that is contiguous to or across an alley from any lot rezoned residential.

      3.   Land Use Restrictions: No automobile service stations, car washes or drive-in eating or drinking establishments shall hereafter be permitted closer than one hundred twenty feet (120') to the district boundary line of a residential district.

      4.   Building Height Restrictions: Where any lot hereafter rezoned into a commercial or manufacturing district is contiguous to or across an alley from any lot rezoned residential, the height of buildings on said lot shall not exceed the height permitted on such lot rezoned residential.

   D.   Permitted Obstructions In Required Yards: No obstructions shall be allowed in any yard required by this title. However, the following shall not be considered to be obstructions when located in required yards specified, subject to the requirements to maintain visibility at intersections contained in subsection B of this section:

      1.   In all required yards: sills, belt cornices, and other architectural features extending not more than eighteen inches (18") into the yard; awnings or canopies projecting into a required yard not more than twenty five percent (25%) of the required yard depth; steps, including required fire escapes or ramps necessary for access to buildings or lots; chimneys projecting two feet (2') or less into a required yard; arbors and trellises; flagpoles; air conditioner compressors; and trees and shrubs or like kind.

      2.   In required front yards: bay windows projecting three feet (3') or less into the required front yard; open terraces, decks or balconies not projecting over ten feet (10') into the required front yard; eaves and gutters; fuel, air and water pumps in conjunction with automobile service stations, provided they shall be set back at least thirteen feet (13') from the front lot line; canopies over fuel pumps; fences and walls not exceeding four feet (4') in height in the required front yard in residential district and eight feet (8') in height in all other districts except for nonresidential uses. The maximum fence height shall be measured from the established grade of the fence owner's property.

      3.   In required side yards: eaves and gutters projecting two feet (2') or less; off street parking facilities as provided in chapter 11 of this title; refuse storage areas (dumpsters); fences and walls not to exceed three and one- half feet (31/2') in height in residential districts and eight feet (8') in height in all other districts except for nonresidential uses. The maximum fence height shall be measured from the established grade of the fence owner's property.

      4.   In required rear yards: off street parking facilities as provided in chapter 11 of this title; detached residential garages or carports; swimming pools, tennis courts and other similar recreational facilities; storage buildings permitted as accessory uses; balconies; open porches, terraces and decks; refuse storage areas (dumpsters); bay windows projecting three feet (3') or less into the required rear yard; eaves and gutters, provided eaves and gutters of accessory buildings are not closer than two feet (2') from a lot line; and fences and walls of height specified in chapter 7 of this title. (Ord. 2009-36, 4-6-2009)

No lot shall contain any structure used as a dwelling unless it abuts and has primary means of access to at least fifty feet (50') of public or private street frontage unless otherwise provided in this title. (Ord. 2009-36, 4-6-2009)

   A.   Intent: If, within the districts established by this title or amendments that may later be adopted, there exist lots, structures, uses of land or structures, and characteristics of use which were lawful before the effective date hereof or amendments hereto but which would now be prohibited, regulated, or restricted under the adoption or amendment to this title, it is the intent of this title to permit these nonconformities to continue until they are removed or reconstructed as stated herein; however, it is not the intent of this title to encourage the survival of the nonconformity under the terms of this title. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

   B.   General Requirements:

      1.   Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged after the effective date hereof by attachment on a building or by the addition of other uses of a nature which would be prohibited generally in the district involved.

      2.   To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction or designated use of any building to any actual construction that lawfully began and has been diligently constructed prior to the effective date hereof or amendment hereto. "Actual construction" is hereby defined to include the placing of construction material in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction; provided, that work shall be carried on diligently.

   C.   Nonconforming Lots Of Record: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a lot of record which becomes nonconforming as to lot area or lot width, or both, by the effective date hereof or subsequent amendment hereto, or in any other residential district, a building and customary accessory buildings may be erected on a lot of record which becomes nonconforming as to lot width by the subsequent amendment hereof; provided, that the building, housing, mechanical, electrical, plumbing and other construction standards and requirements can be met; and provided further, that if such nonconforming lot of record is, at the effective date hereof or hereafter, vacant and is contiguous with one or more other vacant conforming or nonconforming lots of record which are in common ownership or unified control, then such contiguous lots of record, or at least such portion thereof as is necessary to meet or exceed the minimum lot area and width requirements of the district in which they are located, shall be used and developed only as a single lot. Any person who conveys property or terminates the unified control of such contiguous lots of record so as to frustrate the purpose of the foregoing proviso shall be deemed to have violated the provisions of this title.

   D.   Nonconforming Structures: Where a lawful structure exists at the effective date hereof or amendment hereto that could not be built under the terms of this title by reasons of restrictions on the area, lot coverage, height, yards, its location on the lot or other zoning requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

      1.   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

      2.   Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its fair cash market value prior to the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

      3.   Should such nonconforming structure be moved for any reason for any distance whatsoever, it shall thereafter be required to conform to the regulations for the district in which it is located after it is moved.

   E.   Nonconforming Uses Of Structures: If a lawful use involving individual structures with a fair cash market value cost of one thousand dollars ($1,000.00) or more, or of structure and land in combination, exists at the effective date hereof or amendment hereto that would not be allowed in the district under the terms of this title, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

      1.   No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

      2.   Any nonconforming use may be extended throughout any parts of a building which was manifestly arranged or designed for such use at the effective date hereof or amendment hereto, but no such use shall be extended to occupy any land outside such building.

      3.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

      4.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction", for the purpose of this subsection E4, is defined as damage to an extent of more than fifty percent (50%) of the fair cash market value at the time of destruction.

   F.   Nonconforming Off Street Parking And Loading Areas:

      1.   In any district where off street parking or loading areas of four (4) or more spaces are provided, such areas and private drives or accessways from the public right of way to or through these parking areas, shall be required to fully comply with the design and construction requirements of off street parking and loading as provided by chapter 11 of this title.

      2.   In any residential zoning district, all off street parking areas of three (3) or fewer spaces and private drives or accessways from the public right of way to or through these parking areas, shall be required to fully comply with the design, construction, and maintenance standards provided in chapter 11 of this title, but only in the event a building permit is required for alteration of an existing garage or construction of a new garage accessory to the residential use. This subsection F2 is subject to the common drive exception in chapter 11 of this title.

   G.   Repairs And Maintenance Of Nonconforming Structures: Ordinary repairs and repair or replacement of nonbearing walls, fixtures, wiring or plumbing may be made on any nonconforming structure or portion of a structure containing a nonconforming use to an extent not exceeding fifty percent (50%) of the fair cash market value of the nonconforming structure; provided, that the cubic content existing when it became nonconforming shall not be expanded. (Ord. 2009-36, 4-6-2009)

   A.   Purpose And Applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the Village of Heyworth. 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.

   B.   Allowed Adult-Use Cannabis Business Establishments/Facilities: It is the intent of the village to allow for, subject to the requirements of the Cannabis Act and other applicable requirements of this code, the following types of adult-use cannabis business establishments to be located within the village or as it applies to its extra-territorial jurisdiction:

      1.   Adult-use cannabis cultivation centers.

      2.   Adult-use cannabis craft growers.

      3.   Adult-use cannabis infuser organizations.

      4.   Adult-use cannabis processing organizations.

      5.   Adult-use cannabis transporting organizations.

   C.   Adult-Use Cannabis Business Establishments/Facilities And Usages Not Allowed: It is the intent of the village to not allow for the following types of adult-use cannabis business establishments to be located within the village or as it applies to its extra-territorial jurisdiction, as well as not allow the following usage:

      1.   Adult-use cannabis dispensing organizations.

      2.   Adult-use cannabis cafes/lounges.

      3.   Consumption of cannabis products in business establishments within the village to the extent allowed under the Act.

   D.   Permitted And Special Permitted Uses: Adult-use cannabis business establishment facilities, as defined herein, are permitted in those zoning districts as specified in chapter 7 (Principal Uses and Standards of Districts).

   E.   Adult-Use Cannabis Facility Components: In determining compliance of this title and the Act, the following components of the adult-use cannabis facilities shall be evaluated prior to a building permit and/or a special permit being issued based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the 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/security plan and building code compliance.

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

      4.   Anticipated parking demand based on section 11-11-1 et seq. of this Title 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 other requirements provided in this code, as applicable.

      9.   Other criteria determined to be necessary to assess compliance with this code.

   F.   Adult-Use Cannabis Craft Growers: In those zoning districts in which an adult-use cannabis craft grower may be located pursuant to chapter 7 (Principal Uses and Standards of Districts) of this title, the proposed craft growing facility must comply with the following:

      1.   Facility may not be located within five hundred feet (500') 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 purpose of this section.

      2.   Facility may not be located within five hundred feet (500') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not be located within two hundred fifty feet (250') of the property line of a pre-existing retail producing business as defined per the Retailer's Occupation Tax Act.

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

      5.   For purposes of determining required parking, adult-use cannabis craft growers shall be classified as a "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.

      6.   Petitioner shall file an affidavit with the village affirming compliance with this section, other applicable sections of this code, and all other requirements of the Act.

      7.   For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.

      8.   No more than three (3) adult-use cannabis craft grower facilities shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If three (3) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.

   G.   Adult-Use Cannabis Cultivation Centers: In those zoning districts in which an adult-use cannabis cultivation center may be located pursuant to chapter 7 (Principal Uses and Standards of Districts) of this title, the proposed cultivation center facility must comply with the following:

      1.   Facility may not be located within two thousand five hundred feet (2,500') 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 within one thousand feet (1,000') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   Facility may not be located within two hundred fifty feet (250') of the property line of a pre-existing retail producing business as defined per the Retailer's Occupation Tax Act.

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

      5.   For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.

      6.   Petitioner shall file an affidavit with the village affirming compliance with this section, other relevant sections of this code, and all other requirements of the Act.

      7.   For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.

      8.   No more than two (2) adult-use cannabis cultivation center facilities shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.

   H.   Adult-Use Cannabis Infuser Organization: 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 five hundred feet (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 two hundred fifty feet (250') feet of the property line of a pre-existing property zoned or used for residential purposes.

      3.   At least seventy five percent (75%) 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 Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, adult-use cannabis infuser organizations shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.

      5.   Petitioner shall file an affidavit with the village affirming compliance with section as provided herein and all other requirements of the Act.

      6.   For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.

      7.   No more than two (2) adult-use cannabis infuser organizations shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.

   I.   Adult-Use Cannabis Processing Organizations: 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 five hundred feet (500') 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 two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   At least seventy five percent (75%) 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 Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, adult-use cannabis processing organizations shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.

      5.   Petitioner shall file an affidavit with the village affirming compliance with this section as provided herein and all other requirements of the Act.

      6.   For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.

      7.   No more than two (2) adult-use cannabis processing organizations shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extra-territorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.

   J.   Adult-Use Cannabis Transporting Organizations: 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 five hundred feet (500') 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 two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.

      3.   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 Act.

      4.   For purposes of determining required parking, adult-use transporting cannabis transporting organizations shall be classified as "manufacturing use" per the off-street parking requirements of chapter 11 of this title, provided, however, that the village may require that additional parking be provided as a result of the analysis completed as provided for herein.

      5.   Petitioner shall file an affidavit with the village affirming compliance with this section as provided herein and all other requirements of the Act.

      6.   For purposes of this section, a distance requirement does not apply for properties separated by a superhighway or interstate as defined by the Illinois Department of Transportation.

      7.   No more than two (2) adult-use cannabis transporting organizations shall be permitted within the village or its extra-territorial jurisdiction in combination with all zoning districts. If two (2) such facilities are located within the village or its extraterritorial jurisdiction, additional facilities may be permitted subject to the issuance of a special use permit.

   K.   Additional Requirements:

      1.   Petitioner shall install building enhancements, such as security cameras, lighting or other improvements as required by the Act and as may otherwise be required by this code or special permitted use, where applicable, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements may 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.

      2.   All adult-use cannabis facilities shall have a minimum twenty foot (20') front yard setback and five foot (5') side yard setback for its primary structure. (Ord. 2019-74, 12-19-2019)