It is the intent and purpose of this Section Article XV to provide regulations controlling an adult-use cannabis dispensing establishment operating 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) (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.

Adult-use cannabis dispensing establishments, as defined in Section 3.02 shall require an approval of a Special Use in the B-5 Highway Business District, the M Manufacturing Districts, or Planned Development Districts, subject to the B-5 or Manufacturing District Use lists and the Special Uses shall be processed in accordance with Section 14.05 et seq. (Special Uses) of the Village Zoning Ordinance as provided herein, and shall be subject to the conditions set forth in Section 15.04.

(Ord. No. O-40-22, 5-2-2022)

In determining compliance with Section 14.05 (Special Uses), the following components of the adult-use cannabis dispensing establishment 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 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 the 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 and employees. .....

(d)

Anticipated parking demand and available private parking supply. .....

(e)

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

(f)

Site design, including access points and internal site circulation. .....

(g)

Proposed signage plan. .....

(h)

Compliance with all requirements provided in this Section 15.03. .....

(i)

Other criteria determined to be necessary to assess compliance with Section 14.05 (Special Uses). .....

An adult-use cannabis dispensing establishment must comply with the following:

(a)

Facility must keep a copy of the dispensing organization agent identification card issued pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act visible and conspicuously displayed at all times. .....

(b)

An adult-use cannabis dispensing establishment building shall not be located within 1,500 feet of the building in which is located a pre-existing public or private nursery school, pre-school, primary or secondary school, or day care facility. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. .....

(c)

An adult-use cannabis dispensing establishment building shall not be located within five hundred (500) feet of property either owned by a Park District or utilized for park district purposes, unless separated by railroad tracks. .....

(d)

An adult-use cannabis dispensing establishment shall not be located in a dwelling unit. .....

(e)

An adult-use cannabis dispensing establishment shall not abut nor be directly across the street from any residential use. .....

(f)

At least 75% of the floor area of any tenant space occupied by an adult-use cannabis dispensing establishment shall be devoted to the activities of the cannabis dispensing establishment as authorized by the Act, and other than cannabis infused food products, no cannabis dispensing establishment shall also sell food for consumption on the premises in the same tenant space. .....

(g)

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

(h)

Adult-use cannabis dispensing establishments are prohibited from allowing on-site consumption of cannabis under all circumstances. .....

(i)

For purposes of determining required parking, adult-use cannabis dispensing establishments shall be classified as "Business and Retail Uses" area as per Section 7.03 (b)(1), provided however that the Village may require that additional parking be provided as a result of the analysis completed through Section 14.05 (Adult-Use Cannabis: Special Use) herein .....

(j)

Petitioner must submit a complete copy of their state license application and all plans submitted to the State of Illinois, or any agency thereof, as part of their special use application. Before issuance of a certificate of occupancy or otherwise opening to the public, adult-use cannabis dispensing establishments must provide a copy of their license to operate as an adult-use cannabis dispensing establishment from the respective state agency. .....

(k)

Petitioner shall file an affidavit with the Village affirming compliance with this Section 15.04 and all other requirements of the Act. .....

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 dispensing 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 dispensing establishment and the site on which it is located, consistent with the requirements of the Act.

Any violation of this Article XV shall be punishable as provided in Section 1-8 of the Code of Ordinances of the Village of Palatine, Illinois.

(Ord. No. O-111-19, 12-9-2019)