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 Lynwood. 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.

(Ord. No. 20-02, § 4, 4-14-2020)

Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with article VI, of this chapter and section 114-611 as provided herein.

(Ord. No. 20-02, § 4, 4-14-2020)

In determining compliance with article VI of this chapter, the following components of the adult-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:

114-611.1 Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

114-611.2 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.

114-611.3 Hours of operation and anticipated number of customers/employees.

114-611.4 Anticipated parking demand based on chapter 114, article V, and available private parking supply.

114-611.5 Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

114-611.6 Site design, including access points and internal site circulation.

114-611.7 Proposed signage plan.

114-611.8 Compliance with all requirements provided in section 114-612 (adult-use cannabis craft grower); section 114-613 (adult-use cannabis cultivation center); section 114-614 (adult-use cannabis dispensing organization); section 114-615 (adult-use cannabis infuser organization); section 114-616 (adult-use cannabis processing organization); or section 114-617 (adult-use cannabis transporting organization), as applicable.

114-611.8 Other criteria determined to be necessary to assess compliance with article VI (special uses) of this title.

(Ord. No. 20-02, § 4, 4-14-2020)

In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

114-612.1 Facility may not be located within 1,500 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.

114-612.2 Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

114-612.3 Facility may not conduct any sales or distribution of cannabis other than as authorized by the act.

114-612.4 For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "office-business and professional" per chapter 114, article V, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through chapter 114, article VI, herein.

114-612.5 Petitioner shall file an affidavit with the village affirming compliance all requirements of the act.

(Ord. No. 20-02, § 4, 4-14-2020)

In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

114-613.1 Facility may not be located within 1,500 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.

114-613.2 Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

114-613.3 Facility may not conduct any sales or distribution of cannabis other than as authorized by the act.

114-613.4 For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "office-business and professional" per chapter 114, article V, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through chapter 114, article VI, herein.

114-613.5 Petitioner shall file an affidavit with the village affirming compliance with all requirements of the act.

(Ord. No. 20-02, § 4, 4-14-2020)

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

114-614.1 Facility may not be located within 1,500 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.

114-614.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

114-614.3 At least 75 percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in section 114-614.5 below in the same tenant space.

114-614.4 Facility may not conduct any sales or distribution of cannabis other than as authorized by the act.

114-614.5 Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by section 114-618 (additional requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in the Village of Lynwood Municipal Code.

114-614.6 For purposes of determining required parking, said facilities shall be classified as "office-business and professional" per chapter 114, article V of the Village of Lynwood Municipal Code, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through chapter 114, article VI herein.

114-164.7 Petitioner shall file an affidavit with the village affirming compliance with all requirements of the act.

(Ord. No. 20-02, § 4, 4-14-2020)

In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

114-615.1 Facility may not be located within 1,500 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.

114-615.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

114-615.3 At least 75 percent 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.

114-615.4 For purposes of determining required parking, said facilities shall be classified as "office-business and professional" per chapter 114, article V, of the Village of Lynwood Municipal Code, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through chapter 114, article VI herein.

114-615.5 Petitioner shall file an affidavit with the village affirming compliance with all requirements of the act.

(Ord. No. 20-02, § 4, 4-14-2020)

In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

114-616.1 Facility may not be located within 1,500 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.

114-616.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

114-616.3 At least 75 percent 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.

114-616.4 For purposes of determining required parking, said facilities shall be classified as "office-business and professional" per chapter 114, article V of the Village of Lynwood Municipal Code, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through chapter 114, article VI herein.

114-616.5 Petitioner shall file an affidavit with the village affirming compliance with all requirements of the act.

(Ord. No. 20-02, § 4, 4-14-2020)

In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

114-617.1 Facility may not be located within 1.500 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.

114-617.2 Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

114-617.3 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.

114-617.4 For purposes of determining required parking, said facilities shall be classified as "office-business and professional" per chapter 114, article V of the Village of Lynwood Municipal Code, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through chapter 114, article VI herein.

114-617.5 Petitioner shall file an affidavit with the village affirming compliance with all requirements of the act.

(Ord. No. 20-02, § 4, 4-14-2020)

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. No. 20-02, § 4, 4-14-2020)

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 Lynwood Municipal Code. In a co-location, the floor space requirements of subsections 114-614.3 and 114-615.3 shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 20-02, § 4, 4-14-2020)