Manhattan City Zoning Code
CHAPTER 17
ADULT USE CANNABIS REGULATIONS
4-17-1: DEFINITIONS:
For the purpose of this Chapter, the words and phrases used herein shall have the following meanings, unless some other meaning is clearly indicated by the context:
ACT: | The Cannabis Regulation and Tax Act, P.A. 101-0027, as amended from time to time. |
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: | An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. |
ADULT-USE CANNABIS CRAFT GROWER: | A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure, and package cannabis and to perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Act, as it may be amended from time to time, and regulations promulgated thereunder. |
ADULT-USE CANNABIS CULTIVATION CENTER: | A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, and transport cannabis and to perform other necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Act, as it may be amended from time to time, and regulations promulgated thereunder. |
ADULT-USE CANNABIS DISPENSING ORGANIZATION: | A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Act, as it may be amended from time to time, and regulations promulgated thereunder. |
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: | A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Act, as it may be amended from time to time, and regulations promulgated thereunder. |
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR: | A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Act, as it may be amended from time to time, and regulations promulgated thereunder. |
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER: | An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Act, as it may be amended from time to time, and regulations promulgated thereunder. (Ord. 1307-09, 11-19-2019) |
4-17-2: PURPOSE AND APPLICABILITY:
It is the intent and purpose of this Chapter to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the Village of Manhattan. All adult-use cannabis business establishment facilities shall strictly comply with all regulations provided in the Act, as it may be amended from time to time, all regulations promulgated thereunder, the provisions of this Chapter, and all other applicable provisions of this Title. In the event of a conflict between the Act, any state regulations, and the Village's ordinances and regulations, the more restrictive of the state or local regulations shall apply to the extent permitted by law. (Ord. 1307-09, 11-19-2019)
4-17-3: SPECIAL USE PERMIT REQUIRED:
It shall be unlawful for any person to open or operate any adult-use cannabis business establishment without having first secured a special use permit for said establishment in compliance with the provisions of this Chapter and all other relevant provisions of this Title. No special use permit shall be granted for any adult-use cannabis business establishment unless the applicant for said permit provides adequate assurances to the Village that the establishment will be established and operated in full compliance with all applicable laws. (Ord. 1307-09, 11-19-2019)
4-17-4: ADULT USE CANNABIS FACILITY STANDARDS:
A. In considering any application for a special use permit for an adult-use cannabis business establishment, the Village Planning and Zoning Commission and Village Board, as the case may be, shall consider all of the following factors:
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 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, internal site circulation, and proposed security measures;
7. Proposed signage plan;
9. Compatibility with surrounding uses; and
10. Other criteria determined to be necessary to assess compliance with this Title.
B. Nothing in this Chapter is intended or shall be deemed as relieving any applicant for a special use permit for an adult-use cannabis business establishment of their obligation to comply with and meet all other requirements and standards set out for special use permits in this Title. (Ord. 1307-09, 11-19-2019)
4-17-5: ADULT USE CANNABIS CRAFT GROWER:
In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following.
A. A 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 considered or deemed to be a public or private school for purposes of this Section.
B. A facility may not be located within one thousand five hundred feet (1,500') of any other adult-use cannabis craft grower facility or adult-use cannabis cultivation center.
C. No facility may be located on any property used or zoned for residential purposes.
D. A facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
E. The adult-use cannabis craft grower shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in Section 4-17-12
of this Chapter.
F. A facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
G. On-site consumption of cannabis is prohibited.
H. For purposes of determining required parking, the facilities shall be classified as "manufacturing uses or any establishments engaged in production, processing, cleaning, servicing, testing or repair of materials, goods, or products" per Section 4-10-1-7
, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 4-17-4
of this Chapter.
I. Petitioner shall file an affidavit with the Village affirming compliance with all requirements of this Title and the Act, including all regulations promulgated thereunder. (Ord. 1307-09, 11-19-2019)
4-17-6: 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. A facility may not be located within one thousand five hundred feet (1,500') 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 considered or deemed to be a public or private school for purposes of this Section.
B. No facility may be located on any property used or zoned for residential purposes or within one thousand five hundred feet (1,500') of the property line of any property that is zoned or used for residential purposes.
C. A facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
D. The adult-use cannabis craft grower shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in Section 4-17-12
of this Chapter.
E. On-site consumption of cannabis is prohibited.
F. For purposes of determining required parking, the facilities shall be classified as "manufacturing uses or any establishments engaged in production, processing, cleaning, servicing, testing or repair of materials, goods, or products" per Section 4-10-1-7
, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 4-17-4
of this Chapter.
G. Petitioner shall file an affidavit with the Village affirming compliance with all requirements of this Title and the Act, including all regulations promulgated thereunder. (Ord. 1307-09, 11-19-2019)
4-17-7: ADULT USE CANNABIS DISPENSING ORGANIZATION:
In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following.
A. A 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 considered or deemed to be a public or private school for purposes of this Section.
B. A facility may not be located within one thousand five hundred feet (1,500') of any other adult-use cannabis dispensing organization.
C. No facility may be located on any property used or zoned for residential purposes.
D. The adult-use cannabis dispensing organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in Section 4-17-12
of this Chapter. No dispensing organization shall also sell food for consumption on the premises.
E. A facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
F. On-site consumption of cannabis is prohibited.
H. Petitioner shall file an affidavit with the Village affirming compliance with all requirements of this Title and the Act, including all regulations promulgated thereunder. (Ord. 1307-09, 11-19-2019)
4-17-8: 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. A 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 considered or deemed to be a public or private school for purposes of this Section.
B. A facility may not be located on any property used or zoned for residential purposes.
C. The adult-use cannabis infuser organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in Section 4-17-12
of this Chapter.
D. A facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
E. On-site consumption of cannabis is prohibited.
F. For purposes of determining required parking, the facilities shall be classified as "business or professional offices" per Section 4-10-1-7
, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 4-17-4
of this Chapter.
G. Petitioner shall file an affidavit with the Village affirming compliance with all requirements of this Title and the Act, including all regulations promulgated thereunder. (Ord. 1307-09, 11-19-2019)
4-17-9: ADULT USE CANNABIS PROCESSING ORGANIZATION:
In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following.
A. A 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 considered or deemed to be a public or private school for purposes of this Section.
B. A facility may not be located on any property used or zoned for residential purposes.
C. The adult-use cannabis processing organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in Section 4-17-12
of this Chapter.
D. A facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
E. On-site consumption of cannabis is prohibited.
F. For purposes of determining required parking, the facilities shall be classified as "business or professional offices" per Section 4-10-1-7
, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 4-17-4
of this Chapter.
G. Petitioner shall file an affidavit with the Village affirming compliance all requirements of this Chapter and the Act. (Ord. 1307-09, 11-19-2019)
4-17-10: ADULT USE CANNABIS TRANSPORTING ORGANIZATION:
In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following.
A. A 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 considered or deemed to be a public or private school for purposes of this Section.
B. A facility may not be located on any property used or zoned for residential purposes.
C. The adult-use cannabis transporting organization shall be the sole use of any tenant space in which it is located, except to the extent that it may be co-located with other adult-use cannabis business enterprises as provided in Section 4-17-12
of this Chapter.
D. A facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
E. On-site consumption of cannabis is prohibited.
F. For purposes of determining required parking, the facilities shall be classified as "business or professional offices" per Section 4-10-1-7
, provided, however, that the Village may require that additional parking be provided as a result of the analysis completed through Section 4-17-4
of this Chapter.
G. Petitioner shall file an affidavit with the Village affirming compliance with all requirements of this Title and the Act, including all regulations promulgated thereunder. (Ord. 1307-09, 11-19-2019)
4-17-11: ADDITIONAL REQUIREMENTS:
Petitioner shall install any and all building enhancements (including, but not limited to, security cameras, lighting, or other improvements, as set forth in the special use permit) as the Village may deem necessary to ensure the safety of the adult-use business establishment's employees and customers, as well as all other persons as may be found in the general vicinity of such establishment. The 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. 1307-09, 11-19-2019)
4-17-12: CO-LOCATION OF CANNABIS 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. In a co-location, any sole use requirements stated herein shall not apply to prevent such co-location, but the co-located adult-use cannabis business establishments shall be the sole uses of any tenant space they occupy. (Ord. 1307-09, 11-19-2019)