It is the intent and purpose of this Chapter to provide regulations regarding the Cultivation, processing, dispensing, and transporting of adult-use cannabis occurring within the corporate limits of the Village. Such facilities shall comply with all regulations provided in the CRTA) and the regulations provided in this Chapter. In the event that the CRTA is amended, the more restrictive of the State or the Village regulations (as established in this Chapter) shall apply.

An adult-use cannabis business establishment facility shall require approval as a conditional use in the respective zoning use district in which such facility 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 facility 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:

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 co-tenancy (if in a multi-tenant building), total square footage, security installations and security plan, and building code compliance.

C.

Hours of operation and anticipated number of customers/employees.

D.

Anticipated parking demand, available private parking supply, and parking requirements established in this Zoning Ordinance.

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 of the specific section in this Chapter for the particular type of adult-use cannabis business establishment that is being proposed, as applicable.

I.

Other criteria determined to be necessary to assess compliance with the provisions of this Chapter.

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.

Facility may not be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

B.

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

C.

Facility may not be located within one thousand five hundred (1,500) feet of the property line of another adult-use cannabis craft grower or an adult-use cannabis cultivation center and may not be located in an area zoned for residential use.

D.

No more than one (1) adult-use cannabis craft grower shall be granted a conditional use under this Chapter or otherwise permitted to operate in the Village.

E.

The adult-use cannabis craft grower shall operate the facility in compliance with all applicable State and local laws, including the CRTA and the provisions of this Chapter.

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.

Facility may not be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

B.

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

C.

Facility may not be located within one thousand five hundred (1,500) feet of the property line of an adult-use craft grower.

D.

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.

E.

The adult-use cannabis cultivation center shall operate the facility in compliance with all applicable State and local laws, including the CRTA and the provisions of this Chapter.

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.

Facility may not be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

B.

Facility may not be located within one thousand five hundred (1,500) feet of the property line of another adult-use cannabis dispensing organization or other cannabis dispensing organization.

C.

At least seventy-five percent (75%) 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.

D.

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

E.

No more than two (2) adult-use cannabis dispensing organizations shall be granted a conditional use under this Chapter or otherwise permitted to operate in the Village.

F.

The hours of operation for an adult-use cannabis dispensing organization shall not be earlier than 8:00 a.m. and not later than 7:00 p.m.

G.

No person under the age of twenty-one (21) shall be allowed to enter an adult-use cannabis dispensing organization.

H.

No person shall reside in or permit any person to reside in an adult-use cannabis dispensing organization, or in the structure in which the adult-use cannabis dispensing organization is located.

I.

No outdoor seating areas shall be permitted at an adult-use cannabis dispensing organization.

J.

No drive-through services or sales shall be permitted at an adult-use cannabis dispensing organization.

K.

The adult-use cannabis dispensing organization shall operate the facility in compliance with all applicable State and local laws, including the CRTA and the provisions of this Chapter.

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

A.

Facility may not be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

B.

At least seventy-five percent (75%) 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 CRTA. Facility may not conduct any sales or distribution of cannabis other than as authorized by the CRTA.

C.

Facility may not be located in an area zoned for residential use.

D.

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.

E.

The adult-use cannabis infuser organization shall operate the facility in compliance with all applicable State and local laws, including the CRTA and the provisions of this Chapter.

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

A.

Facility may not be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

B.

At least seventy-five percent (75%) 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 CRTA. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

C.

No more than one (1) adult-use cannabis processing organization shall be granted a conditional use under this Chapter or otherwise permitted to operate in the Village.

D.

The adult-use cannabis processing organization shall operate the facility in compliance with all applicable State and local laws, including the CRTA and the provisions of this Chapter.

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

A.

Facility may not be located within five hundred (500) feet of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, licensed day care home, or licensed residential care home as measured from building to building. Learning centers and vocational or trade centers shall not be classified as a public or private school for purposes of this Section.

B.

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 CRTA.

C.

No more than two (2) adult-use cannabis transporting organizations shall be granted a conditional use under this Chapter or otherwise permitted to operate in the Village.

D.

The adult-use cannabis transporting organization shall operate the facility in compliance with all applicable State and local laws, including the CRTA and the provisions of this Chapter.

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 CRTA and the conditional use criteria set forth in this Chapter. In a co-location, the floor space requirements of Sections 17.18.050(B) and 17.18.060(B) shall not apply, but the co-located establishments shall be the sole use of the tenant space.

No on-site use or consumption of cannabis shall be permitted at any adult-use cannabis business establishment in the Village or at any other retail or service business, private club, or similar organization location in the Village. Additionally, no on-site consumption shall be permitted of food, beverages, or other products sold at an adult-use cannabis business establishment in the Village.

A petitioner 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 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 CRTA.

An application for a conditional use under this Chapter shall be processed in the same manner and with the same review and approval process as required for a special use under Section 17.44.060 of this Title, except the standards set forth in Section 17.18.020 of this Chapter shall apply in lieu of the special use standards set forth in Chapter 17.36 for special uses. Further, the other provisions of Section 17.44.060 shall apply to a conditional use granted under this Chapter except as otherwise provided herein. The application for a conditional use filed by a petitioner shall include an affidavit affirming compliance with the applicable section of this Chapter, all requirements of the CRTA, and any stipulations or conditions imposed during the review and approval process.

(Ord. 2020-02-01, § 3, 2-3-20)