It is the intent and purpose of this article to provide regulations regarding the cultivation and dispensing of medical cannabis occurring within the corporate limits of the village of Justice. Such facilities shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by the State of Illinois, as may be amended from time to time (the “Act”), regulations enacted pursuant to authority granted through the Act, and the regulations provided herein. In the event that the Act is amended, the more restrictive of the state or village regulations shall apply.

(Ord. 2014-1, § 4, 1-27-2014; Ord. 2016-15, § 1, 4-25-2016)

   Medical cannabis facilities shall be located in such zoning districts as are authorized by this chapter, and applications for such use shall be processed in accordance with the provisions of section 12-15 of this chapter. No medical cannabis facility shall be opened or operated unless specifically authorized under and pursuant to the Act and this chapter. 

(Ord. 2014-1, § 4, 1-27-2014; Ord. 2015-07, § 2, 3- 31-2015; Ord. 2016-15, § 1, 4-25-2016)

   In determining compliance with section 12-15 of this chapter, the following components of the medical 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 other properties in the vicinity:

   (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, 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)   Compliance with all requirements provided in section 12-214 (Medical Cannabis Cultivation Center) or section 12-215 (Medical Cannabis Dispensing Organization), as applicable.

   (i)   Other criteria determined to be necessary to assess compliance with section 12-15 of this chapter. 

(Ord. 2014-1, § 4, 1-27-2014; Ord. 2016-15, § 1, 4-25-2016)

   In those zoning districts in which a medical cannabis cultivation center may be located, the proposed facility must comply with the following:

   (a)   Facility (the enclosed and locked facility where medical cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution) may not be located within two thousand five hundred (2,500) feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home, or residential care home.

   (b)   Facility may not be located within two thousand five hundred (2,500) feet of the property line for an area zoned residential.

   (c)   Facility may not conduct any retail sales.

(Ord. 2014-1, § 4, 1-27-2014; Ord. 2016-15, § 1, 4-25-2016)

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

   (a)   Facility may not be located within one thousand (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)   Facility may not be located within a building or structure, which in any part, is used or occupied as a residence.

   (c)   Facility may not have drive-thru service.

   (d)   Space occupied by medical cannabis dispensing organization shall not be occupied or shared by any other business or tenant, or used for any other purpose other than a medical cannabis dispensing organization.

   (e)   Retail sales occurring within said facility shall be accessory to the facility’s intended use as a dispensing organization and shall not occupy greater than ten (10) percent of the total square footage of the facility. For purposes of calculating the total square footage dedicated to retail sales, that portion of the floor area dedicated to the distribution of medical cannabis or medical cannabis infused products shall be excluded from this calculation; all floor area dedicated to the sale of other medical cannabis products and/or paraphernalia shall be included. 

(Ord. 2014-1, § 4, 1-27-2014; Ord. 2015-07, § 3, 3-13-2015; Ord. 2016-15, § 1, 4-25-2016)

   Applicant shall install building enhancements, such as security cameras, lighting, or other improvements, as needed or at the request of the village, to ensure the safety of employees and customers of the medical cannabis facilities. The improvements may be required by the village in excess of those security measures required by the Act. 

(Ord. 2014-1, § 4, 1-27-2014; Ord. 2016-15, § 1, 4-25-2016)