It is the intent and purpose of this chapter to provide regulations regarding the operation of cannabis organizations within the corporate limits of the Village of Posen. Such organizations shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Program Act and the Cannabis Regulation and Tax Act, as may be applicable, as may be amended from time to time (the "Acts"), regulations enacted pursuant to authority granted through the Acts, and the regulations provided herein. In the event that the Acts are amended, the more restrictive of the state or Village regulations shall apply. (Ord. 2020-06, 3-10-2020)

   (A)   All cannabis organizations are prohibited , and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization within the following zoning districts:

   "A" Residential Zoning District

   "B" Residential Zoning District

   "C" Residential Zoning District

   "D" Residential Zoning District

   "E" Business Zoning District

   (B)   Cannabis dispensing organizations and adult-use cannabis craft grower organizations shall be permitted as a special use in the "F" Business Zoning District, provided the facilities otherwise comply with the provisions of this chapter.

   (C)   Cannabis organizations shall be permitted as a special use in the "G" Industrial Zoning District, provided the facilities otherwise comply with the provisions of this chapter.

   (D)   No other cannabis organization, of any type, shall be allowed, and no person shall locate, operate, own, suffer, or allow to be operated a cannabis organization within any zoning district unless specifically authorized in accordance with the provisions of this chapter.

   (E)   The operation of any cannabis organization in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated by all available remedies afforded under the law.

   (F)   Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be fined not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00) for each offense. Each day a violation exists or continues shall constitute a separate and distinct offense. (Ord. 2020-06, 3-10-2020)

All applications for to locate a cannabis organizations in the village shall be processed in accordance with the provisions of Title 11, Zoning Regulations, Chapter 9A, Special Uses, of the Posen Village Code of 1965, as supplemented by this chapter. No cannabis organization shall be sited, opened or operated unless specifically authorized under and pursuant to the Acts and this code. (Ord. 2020-06, 3-10-2020)p

In determining compliance with Section 11-9A-2 of this title, the following components of the cannabis organization 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 other properties in the vicinity:

   (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, total square footage, security installations/security plan, and building code compliance.

   (C)   Hours of operation and anticipated number of customers/employees.

   (D)   Anticipated parking demand based and available private parking supply, including any unique demand for handicapped parking.

   (E)   Traffic generation and adjacent roadway capacity.

   (F)   Site design, including access points, internal site circulation and commercial vehicle loading, unloading and parking.

   (G)   Proposed signage plan.

   (H)   Proximity to a public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, a public park, or any property lawfully used in a residential manner or any residential zoning district.

   (I)   Proximity to one (1) or more other cannabis organization(s), and whether such organizations are of the same type.

   (J)   Service by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, and refuse disposal.

   (K)   The destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

   (L)   Absence of alternative locations available for the use.

   (M)   Compliance with all requirements provided in Section 11-17-5 (Cannabis Industrial Organization) or Section 11-17-6 (Cannabis Dispensing Organization), as applicable.

   (N)   Other criteria determined to be necessary to assess compliance with Section 11-9A-2 of this title. (Ord. 2020-06, 3-10-2020)

All cannabis industrial organizations shall comply with the following:

   (A)   Excepting adult-use cannabis craft grower organizations, no retail sale or distribution of cannabis or cannabis infused products shall be permitted on the premises of a cannabis industrial organization.

   (B)   The on-site consumption of cannabis or a cannabis-infused products shall be prohibited on the premises of a cannabis industrial organization.

   (C)   At least seventy five percent (75%) of the floor area of any tenant space occupied by a cannabis industrial organization shall be devoted to the activities of the organization.

   (D)   Any cannabis transporting organization shall be the sole use of the tenant space of the building in which it is located.

   (E)   Off-street parking shall be provided such that there is one parking space for each two employees on a maximum working shift; provided, however, an adult-use cannabis craft grower shall provide parking spaces equal in number to fifty percent (50%) of the capacity of the facility in person. (Ord. 2020-06, 3-10-2020)

All cannabis dispensing organizations shall comply with the following:

   (A)   A cannabis dispensing organization may not be located in a house, apartment, condominium or a building devoted in whole or in part to a residential use.

   (B)   A cannabis dispensing organization may not have delivery or drive-thru service.

   (C)   Space occupied by a cannabis dispensing organization shall not be occupied or shared by any other business or tenant, or used for any other purpose other than a cannabis dispensing organization.

   (D)   The on-site consumption of cannabis or cannabis-infused products shall be prohibited on the premises of a cannabis dispensing organization.

   (E)   A cannabis dispensing organization may not engage in any activity authorized to be conducted by or in a cannabis industrial organization.

   (F)   At least ninety percent (90%) of the floor area of any facility occupied by a cannabis dispensing organization shall be devoted to the activities of the cannabis dispensing organization. For purposes of calculating the total square footage dedicated to retail sales, that portion of the floor area dedicated to the distribution of cannabis or cannabis infused products shall be excluded from this calculation; all floor area dedicated to the sale of other cannabis products and/or paraphernalia shall be included.

   (G)   Off-street parking shall be provided such that the parking spaces equal twenty five percent (25%) of the capacity of the facility in persons. (Ord. 2020-06, 3-10-2020)

An applicant shall install building enhancements, such as security cameras, lighting, or other improvements, as needed or at the request of the Village, to ensure the safety of employees and customers of the cannabis organizations. Said improvements may be required by the Village in excess of those security measures required by the Acts. (Ord. 2020-06, 3-10-2020)