It is the intent and purpose of this article to provide regulations regarding the operation of cannabis organizations within the corporate limits of the City of Hickory Hills. Such organizations shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 and the Cannabis Regulation and Tax Act, 410 ILCS 705, as may be applicable, as may be amended from time to time (the “Acts”), regulations enacted pursuant to authority granted through the Acts, and the regulations provided herein. In the event that the Acts are amended, the more restrictive of the state or City regulations shall apply.

(Ord. 19-30, passed 12-12-2019)

   Cannabis organizations shall be a special use in the I-1 Industrial District, and applications for such use shall be processed in accordance with the provisions of Section 4.17 of the Hickory Hills Zoning Ordinance and as provided in this article. No cannabis organization shall be sited, opened or operated unless specifically authorized under and pursuant to the Act and this Hickory Hills Zoning Ordinance.

(Ord. 19-30, passed 12-12-2019)

   In determining compliance with Section 4.17 of the Hickory Hills Zoning Ordinance, the following components of the cannabis organization shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of other properties in the vicinity:

   (a)   Impact of the proposed organization on existing or planned uses located within the vicinity of the subject property.

   (b)   Proposed structure in which the organization will be located, 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 and available private parking supply, including any unique demand for handicapped parking.

   (e)   Traffic generation and adjacent roadway capacity.

   (f)   Site design, including access points, internal site circulation and commercial vehicle loading, unloading and parking.

   (g)   Proposed signage plan.

   (h)   Proximity to a public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, a public park, or any property lawfully used in a residential manner or any residential zoning district.

   (i)   Proximity to tollway ramp(s).

   (j)   Compliance with all requirements provided in Section 9.04 (Cannabis Industrial Organizations) or Section 9.05 (Cannabis Dispensing Organizations), as applicable.

   (k)   Other criteria determined to be necessary to assess compliance with Section 4.17 of the Hickory Hills Zoning Ordinance.

(Ord. 19-30, passed 12-12-2019)

   In those zoning districts in which cannabis industrial organizations may be located, the proposed organization must comply with the following:

   (a)   A cannabis industrial organization (the enclosed, locked facility where cannabis will be grown, harvested, infused, manufactured, packaged, or otherwise prepared for distribution) may not be located within 2,500 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.

   (b)   A cannabis industrial organization may not be located within 2,500 feet of the property line of an area zoned residential.

   (c)   No retail sale or distribution of cannabis or cannabis infused products shall be permitted on the premises of a cannabis industrial organization.

   (d)   The on-site consumption of cannabis or a cannabis-infused products shall be prohibited on the premises of a cannabis industrial organization.

   (e)   At least 75% of the floor area of any tenant space occupied by a cannabis industrial organization shall be devoted to the activities of the organization.

   (f)   Any cannabis transporting organization shall be the sole use of the tenant space of the building in which it is located.

   (g)   For purposes of determining the number required parking, cannabis industrial organizations shall be classified as a “Manufacturing Plant” per Section 4.11 of the Hickory Hills Zoning Ordinance, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 9.03 of this article.

(Ord. 19-30, passed 12-12-2019)

   In those zoning districts in which cannabis dispensing organization may be located, the proposed facility must comply with the following:

   (a)   A cannabis dispensing organization may not be located within 1,000 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, residential care home or public park.

   (b)   A cannabis dispensing organization may not be located in a house, apartment, condominium or a building devoted in whole or in part to a residential use.

   (c)   A cannabis dispensing organization may not have drive-thru service.

   (d)   A cannabis dispensing organization shall be located in a free-standing structure of which it shall be the only tenant or occupant.

   (e)   The on-site consumption of cannabis or cannabis-infused products shall be prohibited on the premises of a cannabis dispensing organization.

   (f)   A cannabis dispensing organization may not engage in any activity authorized to be conducted by or in a cannabis industrial organization.

   (g)   At least 90% of the floor area of any facility occupied by a cannabis dispensing organization shall be devoted to the activities of the cannabis dispensing organization. For purposes of calculating the total square footage dedicated to retail sales, that portion of the floor area dedicated to the distribution of cannabis or cannabis infused products shall be excluded from this calculation; all floor area dedicated to the sale of other cannabis products and/or paraphernalia shall be included.

   (f)   For purposes of determining required parking, said facilities shall be classified as a “Medical Office” per Section 4.11 of the Hickory Hills Zoning Ordinance except that the number shall be calculated based on cannabis dispensing organization agents working on the property, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Section 9.03 of this article.

(Ord. 19-30, passed 12-12-2019)

   The following locational restrictions shall govern cannabis organizations in addition to those set forth in the Acts and this article:

   (a)   All cannabis organizations are prohibited, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization in the following zoning districts:

 

 

   (b)   It shall be unlawful to locate or operate a cannabis organization in any zoning district on property west of 78th Avenue.

   (c)   It shall be unlawful to locate or operate a cannabis dispensing organization within 1.00 mile of another cannabis dispensing organization.

   (d)   No other cannabis organization, of any type, shall be allowed, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization within any zoning district unless specifically authorized in accordance with the provisions of this article.

   (e)   The operation of any cannabis organization in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated by all available remedies afforded under the law.

(Ord. 19-30, passed 12-12-2019)

   Applicant shall install building enhancements, such as security cameras, lighting, or other improvements, as needed or at the request of the City, to ensure the safety of employees and customers of the cannabis organizations. Said improvements may be required by the City in excess of those security measures required by the Acts.

(Ord. 19-30, passed 12-12-2019)