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Hodgkins City Zoning Code

CHAPTER 14

ADULT USE CANNABIS

10-14-1: PURPOSE ADULT-USE CANNABIS:

Purpose and Applicability: It is the intent and purpose of the section to provide regulations regarding the cultivation, processing, and dispensing of Adult-Use cannabis occurring within the corporate limits of the Village of Hodgkins. Such facilities shall comply with all regulations provided in the 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. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-2: CONDITIONAL USE:

Conditional Use: Adult-Use Cannabis Business Establishment facilities, as defined herein, requiring approval of a condition use in the respective districts in which they are requested shall be processed in accordance with section 10-2-5 (Conditional Uses) of this Title and this Chapter 14 (Adult-Use Cannabis Facility Components) as provided herein. (Ord. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-3: COMPONENTS FOR COMPLIANCE:

Adult-Use Cannabis Facility Components: In determining compliance with section 10-2-5 (Conditional Uses) of this Title, the following components of the Ault-Use Cannabis Facility 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 the 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 traffic generation in the context of adjacent roadway capacity and access to such roadways.
   E.   Anticipated parking demand and available private parking supply.
   F.   Site design, including access points and internal site circulation.
   G.   Proposed signage plan.
   H.   Compliance with all requirements provided in section 10-14-4 (Adult-Use Cannabis Craft Grower); section 10-14-5 (Adult-Use Cannabis Cultivation Center); section 10-14-7 (Adult-Use Cannabis Infuser Organization).
   I.   Other criteria determined to be necessary to assess compliance with section 10-2-5 Conditional Uses of this Title. (Ord. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-4: ADULT-USE CANNABIS CRAFT GROWER:

Adult-Use Cannabis Craft Grower: In those Zoning Districts in which an Ault-Use Cannabis Craft Grower may be locate, the proposed facility must comply with the following:
   A.   Facility may not be located within one thousand five hundred (1,500') feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare 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.
   B.   The facility must be in an area Zoned "Light Manufacturing."
   C.   For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as Light Manufacturing per section 6A of this Title.
   D.   Petitioner shall file an affidavit with the Village affirming compliance with this section 10-14-4 and all other requirements of the Act. (Ord. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-5: ADULT-USE CANNABIS CULTIVATION CENTER:

Adult-Use Cannabis Cultivation Center: In those Zoning Districts in which an Adult-Use Cannabis Cultivation Center may be located, the proposed facility must comply with the following:
   A.   Facility may not be located within one thousand five hundred (1,500') feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare 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.
   B.   Facility must be located in area Zoned "Light Manufacturing."
   C.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
   D.   For purposes of determining required parking, Adult-Use Cannabis Cultivation Centers shall be classified as "Light Manufacturing" provided; however, the Village may require that additional parking be provided as a result of the analysis completed through section 10-2-5 (Adult-Use Cannabis: Conditional Use) herein.
   E.   Petitioner shall file an affidavit with the Village affirming compliance with this section 10-14-5 as provided herein and all other requirements of the Act. (Ord. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-6: ADULT-USE CANNABIS DISPENSING ORGANIZATION:

Adult-Use Cannabis Dispensing Organization: In those Zoning districts in which an Adult-Use Cannabis Dispensing Organization may be locate, the proposed facility must comply with the following:
   A.   Facility may not be located within one thousand five hundred (1,500') feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home, or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of the section.
   B.   Facility must be located in an area Zoned "Commercial" or "Light Manufacturing."
   C.   Facility may be shared with an Adult-Use Craft Grower, but separation of activities and employed personnel of the Adult-Use Cannabis Dispensing Organization must be in accordance with the Act.
   D.   Facility may not conduct any sales or distribution other than as authorized by the Act.
   E.   For purposes of determining required parking, said facilities shall be classified as "Commercial" per section 10-5-1 of the Village of Hodgkins Zoning Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through this section 10-2-5 (Adult- Use Cannabis: Conditional Use) herein.
   F.   Petitioner shall file an affidavit with the Village affirming compliance with section 10-14-6 as provided herein and all other requirements of the Act. (Ord. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-7: ADULT-USE CANNABIS INFUSER ORGANIZATION:

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:
   A.   Facility may not be located within one thousand five hundred (1,500') feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home, or residential care home. Learning centers and purposes of this Section.
   B.   Facility shall be located in a "Light Manufacturing" Zoning area.
   C.   An infuser may share premises with an Adult-Use Cannabis Craft Grower or an Adult-Use Dispensing Organization, or both provided each licensee operates in accordance with the Act.
   D.   For purposes of determining required parking, said facilities shall be classified as "Light Manufacturing" per Section 10-6A-1 of the Village of Hodgkins Zoning Code provided; however, the Village may require that additional parking be provided as a result of the analysis completed through section 10-2-5 (Adult-Use Cannabis: Conditional Use) herein.
   E.   Petitioner shall file an affidavit with the Village affirming compliance with this section 10-14-7 as provided herein and all other requirements of the Act. (Ord. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-8: ADDITIONAL REQUIREMENTS:

Additional Requirements: 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. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)

10-14-9: CO-LOCATION OF CANNABIS BUSINESS ESTABLISHMENTS:

Co-Location of Cannabis Business Establishments: The Village may approve the 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, subject to the provisions of the Act and the Conditional Use criteria within the Village of Hodgkins Zoning Code. In a co location establishment, the uses therein shall be exclusive to the Facility. (Ord. 20-08, 3-9-2020, amd. Ord. 21-06, 5-20-2021; Ord. 22-04, 4-11-2022)