This chapter shall be known and may be cited as the zoning code of the Village of Merrionette Park.

(Ord. 96, passed 1-26-59)

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Accessory building. A subordinate building or portion of the main building the use of which is incidental to that of the main building.

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 perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), 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, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), 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 Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Apartment hotel. An apartment house in which dining room accommodations are provided for the joint use of apartment house tenants.

Apartment house. A building which is used or intended to be used as a home or residence for more than two families living in separate apartments.

Billboard. Any structure affixed to the surface of the land or attached to a building, designed, arranged, used, or intended to be used exclusively as a sign.

Block. The property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and a railroad right-of-way or other natural boundary.

Boarding house. A building or premises where meals are regularly served, or is equipped to serve such meals by prearrangement or definite periods for compensation, not open to transients.

Building. A structure entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or similar openings, and having a roof supported by walls or columns for the shelter, support or enclosure of persons, animals, or chattels.

Building area. The maximum horizontal projected area of a building and its accessories excluding steps, terraces, and cornices projecting not more than 20 inches.

Building line setback. A line established herein generally parallel with the front street line. Between this line and the street line the front line of a building shall not be built or located.

Business. The engaging in the purchase, sale, barter or exchange of goods, wares, or merchandise; the maintenance or operation of offices or recreational or amusement enterprises operated for profit.

Cannabis accessories. Equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing and containing cannabis as well as ingesting, inhaling or otherwise introducing cannabis into the human body.

Cannabis products. Products that have been manufactured and contain cannabis or an extract from cannabis, including concentrated forms of cannabis and products composed of cannabis and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

Depth of lot. The mean distance from the front street line of the lot to its rear line measured in the general direction of the side line of the lot.

District. A section or sections of the village for which the regulations governing the use of land are uniform.

Dwelling, single-family. A detached building occupied by or designed for occupancy by one family.

Dwelling, two-family. A detached building occupied by or designed for occupancy by two families living independently of each other.

Family. Excepting domestic employees, any number of persons related by blood, marriage, or adoption, or not to exceed five persons not so related, living together in a room or rooms comprising a single housekeeping unit.

Front line of building. The line of the main wall nearest to and facing the street, excluding only open steps and terraces and walls or fences not more than 3 ½ feet in height.

Front yard. An open unoccupied space between the front line of the building and the street line.

Height of building. The vertical distance from the established grade to the average finished ceiling line of the topmost habitable story; provided that penthouses, towers, or steeples shall not be considered in measuring the height of a building.

Home occupation. An occupation for gain or support conducted entirely and only by members of the family within a residential or accessory building, provided that no article is sold or offered for sale except such as may be produced in the household by members of the family.

Hotel. A building in which board and lodging are provided and offered to the public for compensation, open to transients.

Lot. A parcel of land occupied or suitable for occupancy by one main building or use with its accessory buildings including such spaces as are required by the provisions of this chapter or as may be arranged to be used in connection with such buildings. A lot may be land so recorded on the records of the recorder of deeds, or registrar of titles, Cook County, Illinois.

(1)

Corner lot. A lot located at the intersection of two streets or a lot bounded on two sides by a curving street any two chords of which form an angle of 120 degrees or less measured on the lot side.

(2)

Interior lot. A lot other than a corner lot or a through lot.

(3)

Through lot. A lot having frontage on two streets at opposite ends of the lot.

Nonconforming use. A building, premises, or use that does not conform with the regulations of the use district in which it is situated.

Private garage. A garage constructed either as of the main building or detached therefrom, with a capacity for housing not more than two motor vehicles.

Professional offices. When in "Residence District" a "professional office" shall be clearly incidental to the residential use of the premises, shall be conducted entirely within a residential building by the permanent residents thereof, and shall include only the office of doctor or practitioner, clergyman, architect, lawyer, author, artist, musician, or other professional occupations customarily conducted within a residence.

Public garage. A garage other than a private garage, used for housing or care of more than two automobiles, or where the vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.

Rear yard. An open space between the rear line of the building and the rear line of the lot, for the full width of the lot, and unoccupied except for authorized accessory buildings.

Side yard. An open unoccupied space on the same lot with a building between the side of the building and the side line of the lot and extending from the street line to the rear line of the building. On a corner lot the "side yard" on the street side shall extend from the front street line to the rear lot line.

Sign. An advertisement, announcement, mark of identification, or symbol attached to, painted, or illuminated, directly or indirectly upon any land or building, except the flag, emblem, or insignia of a nation, school, or religious group.

Street. A thoroughfare over 30 feet in width between property lines, used for public foot and vehicle traffic, other than an alley.

Street lines. The dividing line between a street and the lot or tract of land. The front line shall be deemed to be the shortest street line.

Structural alterations. Any change in the supporting members of a building or structure, including among others any change in the bearing walls, columns, beams, or girders.

Structure. Anything erected, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground including but without limiting the generality of the foregoing, advertising signs, billboards, and poster panels.

(Ord. 96, passed 1-26-59; Am. Ord. 19-1159, passed 11-20-19)

This chapter shall not nullify the more restrictive provisions of covenants, agreements, resolutions, other ordinances, or laws but shall prevail notwithstanding any provisions which are less restrictive.

(Ord. 96, passed 1-26-59)

Unless otherwise prohibited or restricted, a permitted use also allows uses, buildings, and structures incidental thereto if located on the same site or building plot. However, such accessory uses, buildings, and structures shall not be established or erected prior to the establishment or construction of the principal use or building and shall be compatible with the character of the principal use.

(Ord. 96, passed 1-26-59)

A temporary yard for a contractor's plant required for highway construction is permitted anywhere, if not nearer than 400 feet to any residence other than that of the lessor of the site for a period of not more than one year.

(Ord. 96, passed 1-26-59)

Where a block or part of a block in a residential district is occupied or partially occupied by permanent dwellings at the time of the passage of this chapter, the minimum front yard required shall be the greater of the front yards of the next adjacent dwellings. However, no front yard of less than 15 feet shall be permitted and no front yard of more than 30 feet shall be required, except where a front yard in excess of 30 feet is established in a subdivision of record. Corner lots shall in all cases provide the front yard elsewhere required in this chapter.

(Ord. 96, passed 1-26-59)

Where a business or industrial district occupies part of a block within a residential district, the building on the residential lot immediately adjoining the business or industrial district shall be required to observe only one-half the front yard required of the remaining residential lots in the block.

(Ord. 96, passed 1-26-59)

No private garage having vehicular access from a public alley shall be erected, altered, or moved so that the wall thereof nearest the alley, containing the entrance doors, shall be less than five feet from the line common to the lot and the alley.

(Ord. 96, passed 1-26-59)

(A)

Any use, building, or structure lawfully existing or under construction on the adoption date of this chapter or of any subsequent amendment thereto, which does not conform to the provisions of this chapter or amendments, shall be known as nonconforming. The nonconforming use, building, or structure may be continued, maintained, or changed to a conforming use; however, a nonconforming use shall not be changed to a use of a lower class, expanded or structurally altered, nor reestablished if the building or structure is destroyed or damaged to the extent of 50 percent or more of its full assessed value. A nonconforming use of land shall not be extended or expanded.

(B)

A building or structure for a nonconforming use under construction on the adoption date of this chapter or of a later amendment thereto creating the nonconformity shall be completed within one year from the date it becomes nonconforming by the adoption of the ordinance or amendment.

(C)

The village clerk shall keep a complete record of the location, value, nature, and extent of each nonconforming use, and shall also keep all applications made and copies of permits issued.

(Ord. 96, passed 1-26-59)

(A)

A professional office in a residential district may display informational signs relating thereto having an area not exceeding two square feet. A home occupation in a residential district shall not use or exhibit any sign or display to advertise the occupation.

(B)

Church or public building bulletin boards may be erected in a residential district provided the bulletin boards do not exceed 16 square feet in area.

(C)

Signs advertising the premises for sale or for rent shall be permitted in any district, provided the signs do not have an area of more than four square feet, and are located at the building line and at least ten feet from the lot side line. Only one such sign shall be erected or displayed on any one premises.

(Ord. 96, passed 1-26-59)

(A)

Purpose and applicability. 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. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (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.

(B)

Special use. 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 § 159.33 (Special Uses) of this zoning code and Subsection (C) (Adult-Use Cannabis Facility Components) as provided herein.

(C)

Adult-use cannabis facility components. In determining compliance with § 159.33 (Special Uses) of this zoning code, 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:

(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.

(5)

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

(6)

Site design, including access points and internal site circulation.

(7)

Proposed signage plan.

(8)

Compliance with all requirements provided in Subsection (D) (Adult-use cannabis craft grower); Subsection (E) (Adult-use cannabis cultivation center); Subsection (F) (Adult-use cannabis dispensing organization); Subsection (G) (Adult-use cannabis infuser organization); Subsection (H) (Adult-use cannabis processing organization); or Subsection (I) (Adult-use cannabis transporting organization), as applicable.

(9)

Other criteria determined to be necessary to assess compliance with § 159.33 (Special uses) of this title.

(10)

Lighting proposal relating to the interior and exterior of the proposed facility.

(11)

Landscaping proposal which shall include appropriate landscaping and urban design features to harmonize the proposed facility with abutting uses so as to protect and enhance the aesthetics and architectural look and character of the surrounding neighborhood.

(12)

Security proposal which shall include measures to ensure the safety of employees, patrons and the public as well as to protect the premises from theft or criminal activity.

(13)

An odor control plan which adequately provides for the ongoing safe operation of the establishment and minimizes any adverse impacts to abutting properties from odor-emitting activities to be conducted on-site.

(D)

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:

(1)

Facility may not be located within 100 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.

(2)

Petitioner shall file an affidavit with the village affirming compliance with the Cannabis Regulation and Tax Act (P.A. 101-0027), as amended.

(3)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

For purposes of determining required parking, adult-use cannabis craft grower shall provide one space per 1000 square feet of the proposed facility or lesser amount if a parking study is provided by the petitioner and approved by the village, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through Subsections (B) and (C) (Adult-use cannabis: special use) herein.

(E)

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:

(1)

Facility may not be located within 100 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.

(2)

Petitioner shall file an affidavit with the village affirming compliance with the Cannabis Regulation and Tax Act (P.A. 101-0027), as amended.

(3)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

For purposes of determining required parking, adult-use cannabis cultivation centers shall provide one space per 1000 square feet of the proposed facility or lesser amount if a parking study is provided by the petitioner and approved by the village, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through Subsections (B) and (C) (Adult-use cannabis: special use) herein.

(F)

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:

(1)

Facility may not be located within 100 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.

(2)

Petitioner shall file an affidavit with the village affirming compliance with the Cannabis Regulation and Tax Act (P.A. 101-0027), as amended.

(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 Subsection (F)(5) below in the same tenant space.

(4)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(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 Subsection (J) (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 Code.

(6)

For purposes of determining required parking, said facilities shall provide five spaces per 1,000 square feet of the proposed facility or lesser amount if a parking study is provided by the petitioner and approved by the village, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through Subsections (B) and (C) (Adult-use cannabis: special use) herein.

(G)

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:

(1)

Facility may not be located within 100 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.

(2)

Petitioner shall file an affidavit with the village affirming compliance with the Cannabis Regulation and Tax Act (P.A. 101-0027), as amended.

(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.

(4)

For purposes of determining required parking, said facilities shall provide one space per 1,000 square feet of the proposed facility or lesser amount if a parking study is provided by the petitioner and approved by the village, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through Subsections (B) and (C) (Adult-use cannabis: special use) herein.

(H)

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:

(1)

Facility may not be located within 100 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.

(2)

Petitioner shall file an affidavit with the village affirming compliance with the Cannabis Regulation and Tax Act (P.A. 101-0027), as amended.

(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.

(4)

For purposes of determining required parking, said facilities shall provide one space per 1,000 square feet of the proposed facility or lesser amount if a parking study is provided by the petitioner and approved by the village, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through Subsections (B) and (C) (Adult-use cannabis: special use) herein.

(I)

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

(1)

Facility may not be located within 100 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.

(2)

Petitioner shall file an affidavit with the village affirming compliance with the Cannabis Regulation and Tax Act (P.A. 101-0027), as amended.

(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.

(4)

For purposes of determining required parking, said facilities shall provide one space per 1,000 square feet of the proposed facility or lesser amount if a parking study is provided by the petitioner and approved by the village, provided, however, that the village may require that additional parking be provided as a result of the analysis completed through Subsections (B) and (C) (Adult-use cannabis: special use) herein.

(J)

Additional requirements.

(1)

Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special 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.

(2)

A security plan shall be submitted, to ensure the safety of employees, patrons and the public to protect the premises from theft or criminal activity. The police chief, or their designee, may offer comments regarding the security plan. The security plan shall include, but not be limited to, the following:

(a)

An interior floorplan (including secured areas, windows, doors, etc.).

(b)

Exterior lighting.

(c)

Exterior fencing (if any).

(d)

Exterior gates (if any).

(e)

Alarms.

(3)

Signage. All signage and advertising for adult-use cannabis business establishment shall comply with all applicable state laws and village Code requirements.

(4)

Petitioner shall provide a transportation plan as described herein. A proposed adult-use cannabis business establishment shall prepare and submit a transportation plan that will, among other things, provide a detailed analysis of how the use may impact traffic and parking in the area immediately surrounding the proposed site of an adult-use cannabis business establishment and how best practices of the industry may be utilized to address traffic and parking.

(5)

Cannabis plants, products, and accessories shall not be visible from outside the building or any adult-use cannabis business establishment. All aspects of an adult-use cannabis business establishment relative to the cultivation, possession, processing, sales, distribution, dispensing or administration of cannabis, cannabis products, or related supplies must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the building. An adult-use cannabis business establishment shall not be located in a trailer, storage freight container, motor vehicle or other similar movable enclosure. No outside storage of cannabis, cannabis products, cannabis accessories or related supplies is permitted.

(6)

An adult-use cannabis business establishment shall provide an odor control plan that provides for proper and adequate ventilation at such facilities in such a manner so as to prevent pesticides, insecticides or other chemicals used in the cultivation or processing of cannabis or cannabis related products from being dispersed or released outside the facilities. All resulting odors, smoke, vapor, fumes, gases and particulate matter from cannabis or its processing or cultivation shall be effectively confined to the premises or so disposed of so as to avoid any air pollution.

(K)

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 special use criteria within the Village of Merrionette Park Municipal Code. In a co-location, the floor space requirements of Subsections (F)(3) and (G)(3) shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. 19-1159, passed 11-20-19)