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Peoria Heights City Zoning Code

CHAPTER 13

RECREATIONAL ADULT-USE CANNABIS BUSINESS ESTABLISHMENTS

10-13-1: PURPOSE:

It is the intent and purpose of this chapter to provide regulations regarding the cultivation, processing, transporting, 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, (410 ILCS 705/1-1 et seq.), 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. 2019-1608, 12-17-2019)

10-13-2: CONDITIONAL USE PERMITS:

   A.   Standards: An adult-use cannabis business establishment shall require approval as a conditional use in the respective zoning use district in which such organization is to be located. In determining compliance with this chapter and eligibility as a conditional use, the following standards shall be evaluated for the proposed adult-use cannabis business establishment based on the entirety of the circumstances affecting the particular property for which the conditional use is sought in the context of the existing and intended future use of the adjacent and nearby 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 and 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 and internal site circulation.
      7.   The adequacy of security measures.
      8.   Proposed signage plan.
      9.   Compliance with all requirements provided in this chapter as applicable.
      10.   Other criteria determined to be necessary to assess compliance with this chapter.
   B.   Conditions: Upon application to and approval by the board of trustees an adult-use cannabis business establishment may be allowed by a conditional use permit, but only under the following conditions:
      1.   No adult-use cannabis business establishment shall conduct any sale or distribution of cannabis other than as authorized by applicable state and local laws and regulations, including the CRTA and the provisions of this chapter.
      2.   All adult-use cannabis business establishments shall operate the establishment in compliance with all applicable state and local laws and regulations, including the CRTA and the provisions of this chapter.
      3.   No adult-use cannabis business establishment nor any other person or entity shall engage in advertising that contains any statement or illustration that:
         a.   Is false or misleading;
         b.   Promotes overconsumption of cannabis or cannabis products;
         c.   Depicts a person under twenty- one (21) years of age consuming cannabis;
         d.   Makes any health, medicinal or therapeutic claims about cannabis or cannabis-infused products;
         e.   Includes the image of a cannabis leaf or bud; or
         f.   Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption of persons under twenty-one (21) years of age.
      4.   No adult-use cannabis business establishment nor any other person or entity shall place or maintain, or cause to be placed or maintained, an advertisement of cannabis or cannabis-infused product in any form or through any medium, including any sign under Title 9, Chapter 4:
         a.   In violation of the village sign code under Title 9, Chapter 4;
         b.   Within one thousand (1,000) feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons twenty-one (21) years of age or older;
         c.   On or in a public transit vehicle or public transit shelter;
         d.   On or in publicly owned or publicly operated property; or
         e.   That contains information that:
         i.   Is false or misleading;
         ii.   Promotes excessive consumption;
         iii.   Depicts a person under twenty-one (21) years of age consuming cannabis;
         iv.   Includes the image of a cannabis leaf; or
         v.   Includes any image designed or likely appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis. (Ord. 2019-1608, 12-17-2019)

10-13-3: ADULT-USE CANNABIS CRAFT GROWER:

In those zoning use districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:
   A.   No more than one (1) adult-use cannabis craft grower shall be granted a conditional use under this chapter or otherwise permitted in the village.
   B.   Facility shall not be located within one thousand five hundred (1,500) feet of another adult-use cannabis craft grower or adult-use cannabis cultivation center; or
   C.   Facility shall not be located within one hundred (100) feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, or place of worship located within the village. (Ord. 2019-1608, 12-17-2019)

10-13-4: ADULT-USE CANNABIS CULTIVATION CENTER:

In those zoning use districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:
   A.   No more than one (1) adult-use cannabis cultivation center shall be granted a conditional use under this chapter or otherwise permitted to operate in the village.
   B.   Facility shall not be located within one hundred (100) feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, or place of worship located within the village. (Ord. 2019-1608, 12-17-2019)

10-13-5: ADULT-USE CANNABIS DISPENSING ORGANIZATION:

In those zoning use districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:
   A.   No more than one (1) adult-use cannabis dispensing organization shall be granted a conditional use under this chapter or otherwise permitted to operate in the village.
   B.   Facility shall not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing adult-use cannabis dispensing organization.
   C.   Facility shall not be located within one hundred (100) feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, or place of worship located within the village.
   D.   No person shall reside in or permit a person to reside in the facility.
   E.   Facility shall not permit any person under the age of twenty-one (21) to enter a dispensing organization; provided, however, that if the facility is also licensed as a medical cannabis dispensing organization, persons under the age of twenty-one (21) may be permitted to enter only if accompanied by a parent or guardian.
   F.   No drive-through services or sales shall be permitted.
   G.   No outdoor seating shall be permitted.
   H.   Hours of operation shall not be earlier than eight o’clock (8:00) A.M. and not later than nine o’clock (9:00) P.M.
   I.   Facility shall not operate if its video surveillance equipment is inoperative.
   J.   Facility shall not have fewer than two (2) people working at the facility at any time while the facility is open to the public.
   K.   Consumption of adult-use cannabis on the premises, including the parking area, shall be prohibited except as authorized by majority vote of the village board of trustees in accordance with this chapter. (Ord. 2019-1608, 12-17-2019; amd. Ord. 2022-1684, 9-6-2022)

10-13-6: ADULT-USE CANNABIS INFUSER ORGANIZATION:

In those zoning use districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:
   A.   No more than one (1) adult-use cannabis infuser organization shall be granted a conditional use under this chapter or otherwise permitted to operate in the village.
   B.   Facility shall not be located within one hundred (100) feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, or place of worship located within the village. (Ord. 2019-1608, 12-17-2019)

10-13-7: ADULT-USE CANNABIS PROCESSING ORGANIZATION:

In those zoning use districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:
   A.   No more than one (1) adult-use cannabis processing organization shall be granted a conditional use under this chapter or otherwise permitted in the village.
   B.   Facility shall not be located within one hundred (100) feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, or place of worship located within the village. (Ord. 2019-1608, 12-17-2019)

10-13-8: ADULT-USE CANNABIS TRANSPORTING ORGANIZATION:

In those zoning use districts in which an adult-use cannabis transporting organization may be located, the proposed facility must comply with the following:
   A.   No more than one (1) adult-use cannabis transporting organization shall be granted a conditional use under this chapter or otherwise permitted in the village.
   B.   Facility shall not be located within one hundred (100) feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility, public park, public library, residential substance abuse treatment facility, or place of worship located within the village. (Ord. 2019-1608, 12-17-2019)

10-13-9: CO-LOCATION:

If an adult-use cannabis dispensing organization seeks to co-locate with an adult-use cannabis craft grower, an adult-use infuser organization, or both, such establishment must include such a statement and plan for its impact and operation in its application for conditional use. The zoning board of appeals shall consider the application and may take appropriate action to impose additional conditions as necessary and make recommendations to the village board of trustees. Upon recommendation by the zoning board of appeals, the village board of trustees may deny or authorize the co-location of such establishments by final approval by a majority vote of the village board of trustees. (Ord. 2019-1608, 12-17-2019)

10-13-10: ON-SITE USE OR CONSUMPTION:

If an adult-use cannabis business establishment seeks to allow on-premises consumption of adult-use cannabis, such establishment must include such a statement and plan for its impact and operation in its application for conditional use. The zoning board of appeals shall consider the application and may take appropriate action to impose additional conditions as necessary and make recommendations to the village board of trustees. Upon recommendation by the zoning board of appeals, the village board of trustees may deny or authorize the on-premises consumption by final approval by a majority vote of the village board of trustees. (Ord. 2019-1608, 12-17-2019)

10-13-11: SECURITY AND OTHER IMPROVEMENTS:

Upon approval of a conditional use, the owner or operator of the adult-use cannabis business establishment 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 establishment, as well as surrounding property owners. 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 CRTA. (Ord. 2019-1608, 12-17-2019)

10-13-12: APPLICATION PROCEDURE:

An adult-use cannabis business establishment shall require approval as a conditional use in the respective zoning district in which such establishment is sought to be located. An application for a conditional use permit under this section shall be processed in the same manner and with the same review and approval process as required for a special use permit under section 10-3-4 , except the standards set forth in section 10-13-2 (A) shall apply in lieu of the special use standards set forth in section 10-3-4 (E). Further, the other provisions of section 10-3-4 shall apply to a conditional use granted under this chapter except as otherwise provided herein. The application for a conditional use permit shall include an affidavit of the applicant affirming compliance with the applicable section of this section, all requirements of the CRTA, and any restrictions, stipulations or conditions imposed during the review and approval process. (Ord. 2019-1608, 12-17-2019)