No structure shall, after the effective date of this ordinance, be built, moved or remodeled, and no structure or land shall, after the effective date of this ordinance be used, occupied or designated for use or occupancy, except for a use that is permitted within the zoning district in which the structure of land is located.  Refer to Chapters 17.52 Nonconforming, 17.64 Variations, or 17.68 Special Uses for exceptions.

The Zoning Administrator may allow land uses (permitted or special) which though not contained by name in a zoning district list of permitted or special uses, are deemed to be similar in nature and clearly compatible with the listed uses.

A. Purpose and applicability. It is the intent and purpose of this Section to provide regulations regarding the dispensing, growing, processing, and transporting of cannabis occurring within the corporate limits of the Village. Cannabis business establishments shall comply with all regulations provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.) (the “Cannabis Act”), as it may be amended from time to time, in the regulations promulgated thereunder, and the regulations provided below. In the event that the Cannabis Act is amended, the more restrictive of the state or local regulations shall apply. B. Special use requirements. A cannabis business establishment, as defined herein, shall require an approval of a special use, and shall be processed in accordance with Chapter 17.68 (Special uses) of this Title as provided herein, and shall be subject to the following conditions: 1. State license. The cannabis business establishment must be operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation or the Illinois Department of Agriculture. The special use applicant shall submit a complete copy of their 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, the business must provide a copy of their state license to operate as a cannabis business. 2. Minimum distance from protected uses. The cannabis business establishment may not be located within 500 feet of the property line of a pre-existing public or private nursery school, pre-school, primary or secondary school, day care center, or day care home (pre-existing means licensed by the State of Illinois). Notwithstanding the foregoing, a cannabis business will not be deemed to violate this provision if one of the above uses locates within the 500-foot spacing after the cannabis business has been issued an occupancy certificate to open for business. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section. 3. Measurement. For the purposes of the minimum distances section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which an applicable cannabis dispensing organization is located to the nearest point on any property line of any protected use. 4. Buffering from other cannabis dispensing organization. Each cannabis dispensing organization shall be a minimum of 1,500 feet from all other dispensaries, as measured from the applicable property lines. 5. Co-location of cannabis business establishments. The Village may approve the co-location of a cannabis dispensing organization with a cannabis craft grower or a cannabis infuser organization, or both, subject to the provisions of the Cannabis Act and the special use criteria. 6. Parking. a. For purpose of determining required parking, a cannabis dispensing organization shall be classified as retail and all other cannabis business establishments shall be classified as manufacturing pursuant to Section 17.48.060 Required off-street parking spaces; provided however that the Village may require that additional parking be provided as a result of the analysis completed through the special use process. b. Parking shall be located in an area which is visible from a public road or a private road that is accessible to the public. c. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by business staff and are continually recorded in a tamper proof format. 7. Exterior display. No cannabis business establishment shall be maintained or operated in a manner that causes, creates, or allows the public viewing of cannabis, cannabis-infused products or cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way or any property other than the lot on which the business is located. No portion of the exterior of the business shall utilize or contain any flashing lights, search lights or spotlights or any similar lighting system. 8. Advertising. All advertising shall comply with the rules and regulations set forth in the Cannabis Act. No 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: a. Within 1,000 feet of the perimeter of a pre-existing public or private nursery school, pre-school, primary or secondary school, day care center, or day care home; or b. On or in a public transit vehicle or public transit shelter; or c. On or in publicly owned or publicly operated property. 9. Signage. All signage shall comply with the Sign Code, Title 18 of this Code and with regulations herein. a. Electronic message boards and temporary signs are not permitted in connection with a cannabis business. b. Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented towards youth or language referencing cannabis. c. All applicable advertising regulations set forth in the Cannabis Act shall apply. 10. Age and access limitations. Each cannabis dispensing organization shall prohibit any person who is not at least twenty-one (21) years of age from entering the cannabis dispensing organization, except for cardholders granted medical access under the Compassionate Use of Medical Cannabis Act over 18 years of age. Cannabis business establishments shall not employ anyone under the age of twenty-one (21). Access to the cannabis business establishment shall be limited exclusively to cannabis business staff and those specifically authorized under the Cannabis Act. 11. Hours of operation. A cannabis dispensing organization may operate between the hours of 6:00 a.m. and 10:00 p.m. local time or as determined through a special use permit. 12. Drive-through windows. Cannabis dispensing organizations may not have a drive-through service. 13. On site consumption and conduct. a. Other than cannabis-infused food products, no cannabis dispensing organization shall also sell food for consumption on the premises in the same tenant space. b. On-site consumption of cannabis shall be prohibited within all cannabis business establishments and on the premises. c. Loitering is prohibited on the cannabis business property. d. A sign, at least eight and one-half (8.5) by eleven (11) inches, shall be posted inside the business building in a conspicuous place and visible to a client and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on business property." The cannabis business establishment shall be responsible for enforcing the prohibition of on-site consumption of cannabis and loitering under all circumstances inside and outside the cannabis dispensing organization and on the premises. e. Cannabis dispensing organizations may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Act. f. At least 75% of the floor area of any tenant space occupied by a cannabis business establishment shall be devoted to the activities of the business as authorized by the Cannabis Act. Any request for reduction in floor area percentage shall be evaluated as part of the special use request. 14. Security and video surveillance. Each cannabis business establishment shall be an enclosed locked facility. Each business shall provide and maintain adequate security on the entire property on which the business exists, including lighting, video surveillance, security personnel and alarms reasonably designed to ensure the safety of persons and to protect the site from theft. a. The parking area, client entrance, sales area, back room, storage areas and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by staff and continually recorded in a tamper proof format. b. A sign shall be posted in a prominent location which includes the following language “This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons.” c. The Zoning Administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from the Chief of Police. The Zoning Administrator and/or the Chief have the discretion to conduct periodic review of security features as appropriate. d. Each business shall report all criminal activities occurring on the property to the applicable law enforcement agency immediately upon discovery. e. Deliveries shall occur between 7:00 am and 9:00 pm local time within a secure delivery bay and shall not be visible from the exterior of the facility. f. Facilities shall comply with all applicable standards set in the Cannabis Act . 15. Noxious odors. All production centers shall operate in a manner that prevents odor impacts on neighboring premises or properties and, if necessary, the facility shall be ventilated with a system for odor control. 16. Violation/penalties. Any violation of this Section shall be punishable as provided in Chapter 20.60 (Title 17 Zoning) of this Code.

A. Locations.

1. Telecommunication towers, facilities and antennas shall be considered a permitted use if located either on: (1) an existing freestanding tower, and/or (2) on Village-owned property pursuant to an agreement with the Village and further provided that if such facilities are so designed so as to allow and encourage co-location by other potential users. Prior to construction of such facilities, the applicant must receive site plan approval from the Village pursuant to the site plan review process set forth in this Chapter.

2. Except as provided in 1. above, or as otherwise required by State or federal law, a special use is required and may be requested for any use that satisfies the definition of telecommunication towers, facilities and antennas, as defined in Section 17.04.050, provided that, in the case of telecommunication towers, the proposed special use location satisfies any one of the criteria listed below:

a. Whenever possible, telecommunication facilities and antennas should be attached to existing freestanding towers used for other personal wireless services that are currently located upon Village property. No special use permit authorizing construction of a new telecommunication tower or addition to or expansion of an existing telecommunication tower or existing building or structure shall be authorized unless the applicant is able to demonstrate that a diligent effort has been made to locate the telecommunication tower, facility and/or antenna on an existing building or structure and that due to valid considerations including physical constraints and economic or technological feasibility, no other appropriate location is available in the immediate vicinity and at a reasonable cost.

b. The proposed location of the telecommunication tower (a) is not within one thousand five hundred (1,500) feet of a residential district or (b) is separated from residential districts by a freeway or principal highway or (c) if installed upon school property within a residential district, is not within three hundred (300) feet of the nearest outside wall of any single-family dwelling, unless the location of the tower is such that at least ½ of the total height of the tower is shielded from view on at least three (3) sides of the tower. B. Maximum height for telecommunication towers.

An applicant for approval of a telecommunication tower shall demonstrate that the tower does not exceed the minimum height required to function satisfactorily. Under any circumstances, telecommunication towers shall not exceed the following height restrictions unless otherwise specifically approved by granting of a special use permit.

1. The maximum height of a freestanding tower shall not exceed one hundred (100) feet. 2. If mounted on the roof of an existing building or structure, the height of a telecommunications tower, antenna or facility shall not exceed three (3) feet above the height of the existing building or other structure. 3. A telecommunications tower, antenna or facility attached to the side of a building, structure, or tower shall not extend above the roof of the building, structure, or tower; provided, however, if the radio signal is distorted or blocked by structures located on the roof of the building, the Village may allow the height to exceed the height of the building, structure or tower by no more than three (3) feet. Certification that the signal is distorted or blocked must be provided by the applicant and must consist of throughput analysis showing signal degradation.

C. Design of new telecommunication towers.

Every new telecommunication tower shall be a monopole rather than lattice work and shall not be illuminated or have any signs installed thereon unless required by applicable federal law or regulations. In addition, every telecommunication tower shall be neutral in color and harmonious with the natural features, buildings and structures surrounding such tower as well as all telecommunication facilities/antennas.

D. Screening and site location for telecommunication towers, antennas and/or facilities attached to freestanding towers.

1. Telecommunication towers, antennas and/or facilities shall have a non-contrasting color that minimizes their visibility to the extent possible and is compatible with the surrounding landscape. 2. Telecommunication towers should be architecturally compatible with the surrounding buildings and land uses or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical. 3. Telecommunication towers, antennas and/or facilities attached to a freestanding tower shall not be located between a principal building and a street or in the front yard of the lot in question. Such freestanding tower shall be located adjacent to the rear wall of the principal building unless: (1) it is shown that an alternate location results in more effective screening or blending of the tower into the surrounding landscape, or (2) the location has the effect of interfering with the operations of the principle use on the subject property or (3) such placement materially impairs the functioning of the telecommunication antennas; provided, however, such telecommunication antennas and/or facilities nevertheless may not be located between the principal building and the street or in the front yard of the lot in question. 4. Telecommunication towers and their telecommunication antennas and facilities and any related electronic equipment shall be buffered and screened by a perimeter landscaped open space of not less than fifteen (15) feet in width, consisting of a densely planted evergreen hedge of not less than six feet in height and other landscaping materials. Such screening shall be provided and maintained during the duration of the special use permit.

E. Screening and site location for telecommunication towers, antennas and/or facilities attached to existing buildings or structures.

1. Telecommunication towers, antennas and/or facilities may be attached to the wall or roof of a building subject to height restrictions stated above. Such towers, antennas and/or facilities shall not be attached to the front wall of a building unless it can be shown that other locations are not feasible and that the tower, antenna and/or facilities shall be made to effectively blend into the architecture of the building. 2. Telecommunication towers, antennas and/or facilities attached to an existing building or structure shall be of a color substantially identical to the building or that maximizes the blending of the towers, antennas and/or facilities into the architecture of the building or structure. 3. Telecommunication towers, antennas and/or facilities attached to an existing building or structure shall not extend more than twenty-four (24) inches beyond the wall of such building or structure.

F. Screening and site location for ground level equipment and buildings. 1. Telecommunication towers, antennas and/or facilities may be attached to the wall or roof of a building or structure constructed for the purpose of housing or hosting telecommunications equipment subject to the height restrictions set forth in this Chapter. 2. Landscaping consisting of shrubs and similar materials shall be provided surrounding the foundation of ground level buildings or structures constructed for the purpose of housing or hosting telecommunications equipment and surrounding fences associated with such buildings or structures, subject to the review and approval of the Zoning Administrator and subject to any other Village requirements that may be approved by the Village Board. 3. Ground level buildings and structures constructed for the purpose of housing telecommunication equipment shall be designed and located to blend with the existing architecture and landscaping of the subject property and the surrounding area. Masonry facades shall be required for such buildings or structures unless otherwise allowed as a condition of the special use approval. 4. Fencing may be provided as a condition of the special use approval for the purpose of enclosing and screening freestanding telecommunication towers, facilities and/or antennas. Such fencing shall comply with the requirements for residential fences contained in this Title, except as specifically authorized by conditions for approval of a special use.

G. Compliance with governmental and other safety regulations. 1. The applicant shall demonstrate that the proposed telecommunication towers, antennas and/or facilities are safe and that surrounding areas will not be negatively affected by support structure failure, falling ice, or other debris. All telecommunication towers and/or facilities shall be fitted with anti-climbing devices, as approved by the manufacturers. 2. All telecommunication towers, antennas and/or facilities shall comply with the current standards and regulations of the Federal Communications Commission, the Federal Aviation Administration, and any other agency of the federal government with the authority to regulate owners and antennas. 3. Upon application and approval, the Zoning Administrator shall issue a permit prior to construction of any telecommunication towers, antennas and/or facilities. Said permit shall provide that the telecommunication towers, antennas and/or facilities being approved are to be constructed in compliance with applicable Village building codes and any requirements of the Electronic Industries Standards and the Federal Communications Commission, as well as the provisions herein; in addition to providing evidence of renewal or extension thereof when granted.

H. Co-location and location on existing structures preferred. In order to minimize adverse visual impacts associated with the proliferation of telecommunication towers, co-location of antennas by more than one provider on existing or new towers and location of antennas on existing buildings or structures shall take precedence over the construction of new freestanding towers.

I. Abandonment of towers or antennas. In the event the use of a telecommunications tower or antenna is discontinued for a period of sixty (60) consecutive days, the tower or antenna shall be deemed to be abandoned. The Zoning Administrator shall determine the date of abandonment based on documentation required from the tower owner/operator or other appropriate sources. Upon making a determination of abandonment, the Zoning Administrator shall proceed as follows: 1. A notice shall be sent to the owner/operator, indicating that the owner/operator may, within sixty (60) days of receipt of the notice, reactivate the use of the telecommunications tower or antenna or transfer of the tower to another owner/operator for such use within the aforesaid sixty (60) day period. Transfer of the tower to another owner/operator shall not require special use approval provided use of the tower is reactivated within the sixty (60) day period and that the use of the tower complies with all conditions of the original special use approval and the terms of this Chapter. If the owner/operator fails to reactivate the telecommunications tower or antenna within the sixty (60) days period, the special use shall become null and void without further action by the Village. 2. The notice shall indicate that the owner/operator may, in the alternative, dismantle and remove the telecommunication tower or antenna within a sixty (60) day period, at which time any special use shall become null and void. 3. Any owner receiving a notice from the Village pursuant to this subsection may appeal such determination of abandonment by filing a notice of appeal with the Planning and Zoning Commission in accordance with this Chapter and Section 11-13-12 of the Illinois Municipal Code (65 ILCS 5/11-13-12). The notice shall set forth all bases on which the owner relies to assert that no such abandonment has occurred. 4. If the Planning and Zoning Commission grants the appeal, the Commission shall allow the abandoned tower or antenna to remain for a specified period of time. If the Planning and Zoning Commission denies the appeal, the tower shall be removed within sixty (60) days following the denial of the appeal.

J. Special use application, requirements and additional standards for review. 1. In addition to such other information and data ordinarily required in connection with an application for a special use permit, an applicant for a special use permit for a telecommunications tower, facility and/or antenna shall submit to the Village as part of its application at least the following information: a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed necessary to assess compliance with this section. 2. In addition to the special use requirements contained above and elsewhere in this Section and Title, the following factors may also be considered in the review of a special use permit for telecommunication towers, antennas and/or facilities: a. Where the request is for a tower, the height thereof, its proximity to residential structures and residential district boundaries, and the design characteristics that have the effect of reducing or eliminating, or failing to reduce or eliminate, the visual obtrusiveness thereof; b. The nature of the uses on adjacent and nearby property; c. The surrounding topography, tree coverage and foliage; and d. The availability of suitable lawfully existing structures for placement of the telecommunication tower, antenna and/or facilities, as described in appropriate subsections of this section. 3. The Village Board may attach such reasonable conditions to a special use permit for a telecommunication tower as it deems appropriate in a particular case.