Sandwich City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 98-1.- Title.

This chapter, including the district map made a part hereof, shall be known and may be cited and referred to as "The Sandwich Zoning Ordinance."

(Ord. No. 2001-26, § 1(1-1), 10-8-2001; Ord. No. 2005-20, § 2(1-1), 9-12-2005)

Sec. 98-2. - Intent and purpose.

The prime tool of planning is land use control, most commonly referred to as zoning. This comprehensive amendment to the Sandwich Zoning Ordinance is adopted for the following purposes:

(1)

To promote and protect the public health, safety, morals, comfort and general welfare of the people;

(2)

To divide the city into zones or districts restricting and regulating therein the location, erection, reconstruction, alteration and use of buildings, structures, and land for residence, business, manufacturing and other specified uses;

(3)

To provide adequate light, air, privacy and convenience of access to property;

(4)

To protect the character and the stability of the residential, business and manufacturing areas within the city and to promote the orderly and beneficial development of such areas;

(5)

To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air, and to protect the public health;

(6)

To establish building lines and location of buildings designed for residential, business and manufacturing, or other uses within such areas;

(7)

To fix reasonable standards to which buildings or structures shall conform therein;

(8)

To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; and

(9)

To prevent additions to or alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.

(Ord. No. 2001-26, § 1(1-2), 10-8-2001; Ord. No. 2005-20, § 2(1-2), 9-12-2005)

Sec. 98-3. - Rules and definitions.

In the construction of this chapter, the rules and definitions contained in this section shall be observed and applied, except when the context herein clearly indicates otherwise.

(1)

Rules.

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number and the plural, the singular.

The term "shall" is mandatory and not discretionary.

The term "may" is permissive.

The term "lot" shall include the terms "plot," "piece," and/or "parcel"; the term "building" includes all other structures of every kind regardless of similarity to buildings; and the term "used for" shall include the term "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

The following words and terms, wherever they occur in this chapter shall be interpreted as herein defined.

(2)

Definitions.

Abutting means to have a common property line or district line.

Accessory building or use.

An accessory building or use is one which:

Is subordinate to and serves a principal building or principal use;

Is subordinate in area, extent or purpose to the principal building or principal use served;

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

An accessory use includes, but is not limited to, the following:

A children's playhouse, garden house and private greenhouse;

A shed, garage or building for domestic storage;

Incinerators incidental to residential use;

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities unless such storage is excluded by the district regulations;

Swimming pool, private, for use by the occupant and guests;

Off-street vehicle parking areas, and loading and unloading facilities;

Signs as permitted and regulated in each district incorporated herein;

Carports;

10.

Public utility facilities; telephone, electric, gas, cable television, water and sewer lines, their supports and incidental equipment.

Acreage means any tract or parcel of land, which has not been subdivided or platted.

Adult bookstore means an establishment having more than 25 percent of its stock and trade in books, films, video cassettes (whether for viewing off premises or on premises), or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein.

Adult cabaret/gentlemen's club means a cabaret, which features topless dancers, go-go dancers, exotic dancers, strippers, lap dancers, or similar entertainers.

Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance, display, dance of any type, pantomime, modeling, or any other personal service offered customers, which has a significant or substantial portion of such performance, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed.

Adult mini-motion picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein.

Adult-use cannabis business establishment. An adult-use or medicinal cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-use cannabis craft grower. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis cultivation center. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis dispensing organization. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis infuser organization or infuser. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis processing organization or processor. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Agriculture means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

Airport means any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for aircraft buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangers and other necessary buildings and open spaces.

Alley means any right-of-way, which affords secondary means of vehicular access to abutting properties.

Animal hospital means any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

Apartment means a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit.

Automobile and trailer sales area means an open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile repair, major, means engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and painting of vehicles.

Automobile repair, minor, means incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under Automobile repair, major.

Automobile service station means a place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and the servicing of automobiles, but not including major automobile repairs; and including washing of automobiles. Automobile service stations shall not include sale, storage, or rental of automobiles or trailers (new or used).

Automobile wrecking or junkyard means any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for the wrecking or storing of such motor vehicles or parts thereof, including any farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; also including the commercial salvaging and scavenging of any other goods, articles or merchandise.

Bank means an office building or portion thereof which provides for the custody, loan, exchange, or issue of money, the extension of credit, or facilitating the transmission of funds, which may include accessory drive-up units on the same premises.

Basement orcellar means a story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.

Bed and breakfast establishment means an owner occupied structure other than a hotel or roominghouse where lodging and breakfast only are provided to transient guests for compensation.

Block means a tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines of municipalities.

Boardinghouse means a building other than a hotel, bed and breakfast establishment or restaurant, where meals are provided for compensation to four or more persons, who are not members of the keeper's family.

Body art establishment means an establishment that features the tattooing of the human body by means of inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise so as to produce an indelible mark or figure visible through the skin. (See Tattoo parlor.)

Borrow pit means any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise, below the grade of the surrounding land, for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

Buildable area means the space remaining on a zoning lot after minimum yard requirements have been complied with.

Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels (personal property), or property of any kind, and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by a party wall, then such portion shall be deemed to be a separate building.

Building, completely enclosed, means a building separated on all sides from the adjoining open spaces by a permanent roof and by exterior walls, pierced only by windows and normal entrance and exit doors.

Building, detached, means a building surrounded by open space on the same zoning lot.

Building height means the vertical distance from curb level to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip or gambrel roofs. Chimneys, towers, spires, elevator penthouses, cooling towers and similar customary accessory structures and equipment, other than signs, shall not be included in calculating building height.

Building line means the line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

Building, principal, means a non-accessory building in which the principal use of the zoning lot on which it is located, is conducted.

Building setback line means a line parallel to the street line at a distance from it, regulated by the front yard requirements set up herein.

Building, temporary, means any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.

Bulk means the term used to indicate the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following:

Size and height of buildings;

Location of exterior walls at all levels in relation to lot lines, streets, or to other buildings;

Floor area ratio;

All open space allocated to buildings; and

Amount of lot area and lot width provided per dwelling unit.

Business means any occupation, employment or enterprise where merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

Campground means an area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.

Car wash means a building or portion thereof where automobiles are washed using automatic or hand operated mechanical devices. A self-service wash rack for the purpose of this chapter shall be considered a car wash.

Carport means a structure attached or made a part of the main structure, and which is open to the weather on at least two sides, intended for the use of sheltering not more than two motor driven vehicles.

Cemetery means a plot or parcel of ground set aside and used for the burial of the dead.

Center or clinic, medical means an establishment where three or more licensed physicians, surgeons, dentists or other licensed medical practitioners engage in their respective medical practice, operating on an individual or group basis with pooled facilities, such as coordinated laboratory, X-ray and allied departments, and the diagnosis and treatment of humans, which need not, but may include a prescription drug counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of said physicians, surgeons, dentists and other licensed medical practitioners.

Child care center means a licensed agency operating as a primary use in a facility or structure, other than a family child care home, that provides care and supervision for children less than 18 years of age on a regular basis on less than a 24 hour basis.

Club or lodge, private, means a non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests.

Cluster development means a development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

Community center means a building for a community's educational and recreational activities.

Community residence means a family-like living arrangement of no more than eight unrelated persons with disabilities in need of the mutual support furnished by other residents of the community residence as well as the support services provided by the operator, if any, of the community residence. Types of community residences include group homes and halfway houses.

Comprehensive plan means a written plan, adopted by the corporate authorities, which sets forth their policy for future land usage within the planning jurisdiction of the municipality.

Condominium means an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building, such as an apartment or office. A condominium may include, in addition, a separate interest in other portions of such real property.

Conforming building or structure means any building or structure which:

Complies with all the regulations of this chapter or of any amendment thereof governing bulk of the district in which said building or structure is located; or

Is designed or intended for a permitted use or special use, as herein allowed in the district in which it is located.

Conservation area means environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance, or character, except in cases of overriding public interest. Conservation areas include freshwater marshes, shallow grassy ponds, wetlands, and other areas of significant biological productivity or uniqueness.

Conservation easement means an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses.

Contiguous means in actual contact.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Court means an open, unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

Crematory means a building containing a furnace for cremating.

Curb level means the established level of the curb pavement edging, along the front lot line, at a point directly in front of the center line of the building wall facing the front lot line, or if a curb pavement edging does not exist, the established level, at such point; along the center line of the roadway pavement, except in cases of exceptional differences in grade elevations between lot corners or within the area of a lot, as determined by the zoning officer, the established curb level may be the average elevation of the finished ground grades at the building foundation walls even though such average elevation is higher than such established level of the curb pavement edging, or center line or roadway pavement.

Decibel is a unit of measurement of the intensity (loudness) of sound. Sound level meters, which are employed to measure the intensity of sound, are calibrated in decibels.

Disability means a physical or mental impairment which substantially limits one or more of a person's major life activities, or a record of having such an impairment or being perceived by others as having such an impairment.

District means the area into which the city has been divided for which uniform regulations governing the use, size and intensity of land and buildings, and open space about buildings, is established.

District map means the official zoning map or maps incorporated herein as a part hereof, designating zoning districts.

Drive-in establishment means an establishment or part thereof in which are provided facilities where serving or consuming commodities or both are intended to occur in patron's automobiles parked on the premises, or where commodities are purchased by customers waiting in automobiles for consumption off the premises.

Driveway means the area immediately adjacent to a structure over which vehicles may be driven so as to have access to said structure.

Dwelling means a building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family and multiple-family dwellings, but not including mobile homes or other trailers and lodging rooms in hotels, motels or lodginghouses.

Dwelling, attached, means a dwelling joined to two other dwellings by party walls, or vertical cavity walls, and above ground physically unifying horizontal structural elements.

Dwelling, detached, means a dwelling which is surrounded on all sides by open spaces on the same lot.

Dwelling, multiple-family, means a dwelling containing three or more dwelling units.

Dwelling, semi-detached, means a dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and above ground physically unifying horizontal structural elements.

Dwelling, single-family, means a dwelling containing one dwelling unit only.

Dwelling, two-family, means a dwelling containing two dwelling units only.

Dwelling unit means one or more rooms which are arranged, designed, or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed to serve the entire family, shall always be included within each dwelling unit.

Efficiency unit means a dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room.

Establishment, business, means a building, structure, or land used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot.

Family means persons related by blood, marriage, or adoption; parent, grandparent, great-grandparent, great-uncle, great-aunt, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, nephew, niece or first cousin.

Family child care home means a family home that provides care and supervision for children, for any part of a 24 hour day. This does not include child care centers and nursery schools.

Flea market means an occasional or periodic sales activity held within a building, structure, or an open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

Floor area, for determining floor area ratio, means the sum of the gross horizontal areas of the several floors including the basement floor of a building, measured from the exterior faces of the exterior walls, or from the center line of walls separating two buildings. The floor area shall also include the horizontal areas on each floor devoted to:

Elevator shafts and stairwells;

Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkhead, water tanks, and cooling towers;

Habitable attic space as permitted by the building code of the city;

Interior balconies and mezzanines;

Enclosed porches; and

Accessory uses.

The floor area of structures used for bulk storage of materials, i.e., grain elevators, petroleum tanks, shall also be included in the floor area and such floor area shall be determined on the basis of if the height of such structure measures less than ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor.

Floor area, for determining off-street parking and off-street loading requirements, means floor area when prescribed as the basis of measurement for off-street parking spaces and off-street loading spaces for a use shall be the sum of the gross horizontal area of the several floors of the building, excluding the horizontal areas of basement and cellar floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls.

Floor area ratio means the numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio requirement as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot.

Frequency means signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.

Frontage means all the property fronting on one side of a street between the nearest intersecting streets or between a street and a right-of-way, waterway or other similar barrier.

Funeral establishments (including funeral homes, funeral parlors, mortuaries, and undertaking establishments) means a place of business, building or rooms for preparing the dead for burial or cremation and arranging/conducting funeral or wake services.

Garage, private, means an accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the principal building to which it is accessory and in which no occupation or business for profit is carried on. Only one of the motor vehicles may be a commercial vehicle which does not exceed two tons' capacity. A travel trailer or a boat that, in each case, is owned and used by the occupant of such principal building may be stored in a private garage.

Garage, public, means a building or portion thereof other than a private, or storage garage, designed or used for equipping, servicing, or repairing motor vehicles. Hiring, selling, or storing of motor vehicles may be included.

Garage, storage, means a building or portion thereof designed or used exclusively for storage of motor vehicles and in which motor fuels and oils are not sold, except as herein regulated, and motor vehicles are not equipped, repaired, hired, or sold.

Golf course means an area or course for playing golf, consisting of at least nine holes, except miniature golf, within which the playing area is not artificially illuminated.

Grade, street, means the elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purpose of this definition.

Gross density means the ratio between total number of dwelling units on a site and total site area in acres.

Group home means a dwelling unit occupied as a single housekeeping unit in a family-like environment by persons with disabilities (the residents) plus support staff, if any. Residents are supervised by a sponsoring entity or its staff which furnishes habilitative services to the group home residents as an alternative to institutional care. Inter-relationships between residents are an essential component of a group home. A group home is a relatively permanent living arrangement where tenancy is measured in years. A group home shall be considered a residential use of property for purposes of all zoning and building codes. (See Community residence.)

Guest house means living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

Halfway house means a temporary residential living arrangement for persons with disabilities leaving an institutional setting and in need of a supportive living arrangement so they can readjust to living outside an institution. These are persons who are receiving therapy and counseling from support staff, if any, who are present when residents are present. Inter-relationships between residents are an essential component of a halfway house. Residency is limited to a specified number of weeks or months. A halfway house shall be considered a residential use of property for purposes of all zoning and building codes. (See Community residence.)

Health care facility clinic and hospital. See Hospital and Center or clinic, medical.

Home occupation means an occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

Hospital orsanitarium means an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 hours in any week of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions.

Hotel ormotel means a building in which lodging rooms are provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a lodginghouse, or a roominghouse and where customary hotel services such as maid, telephone and secretarial, bellboy, desk services, the use and upkeep of furniture, furnishings and laundry of linens are provided. Facilities may include restaurants, cocktail lounges, and meeting rooms. Not more than 50 percent of the accommodations in a hotel may be dwelling units occupied or intended for occupancy by permanent guests.

Hotel, apartment, means a hotel in which more than 50 percent but not more than 80 percent of the accommodations are in dwelling units occupied or intended for occupancy by permanent guests.

Kennel, commercial, means any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals, over four months of age, are kept for sale, or on which more than two such animals are boarded for compensation.

Laboratory, commercial, means a place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packaging of products is not included within this definition.

Laundry means a business that provides coin operated self-service type washing, drying, dry-cleaning, and ironing facilities, providing that:

Not more than four persons, including owners, are employed on the premises; and

No pick-up or delivery service is maintained.

Limited access highway means a traffic way, including toll roads, for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such traffic way.

Livestock means riding horses, ponies, donkeys, sheep, goats, swine, poultry and cattle.

Loading berth means a space within the principal building or on the same lot as the principal building providing for the standing, or unloading of trucks and with access to a street or alley.

Lot means a parcel of land legally described as a distinct portion or piece of land of record.

Lot area means the area of a horizontal plane bounded by the front, side, and rear lot lines.

Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths upon streets, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection of the side lot lines with the street line intersecting at an interior angle of less than 135 degrees. The point of intersection of the street lot lines is the corner. In the case of a corner lot with a curved street line, the corner is that point on the street lot line nearest to the point of intersection of the tangents above described.

Lot coverage means the percentage of a lot's area covered by any building or structure, or any surface that has been compacted or covered with a layer of material, so it is resistant to water infiltration. Such surfaces shall include without limitation, principal structures, accessory buildings, detached garages, driveways, patios, tennis courts, compacted gravel area (not uncompacted areas of decorative gravel) service sidewalks, pools, sheds, paved terraces, and similar surfaces that restrict the ability to drain, seep, filter or pass through into the ground.

Lot depth means the mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

Lot frontage means the front of a lot shall be that boundary of a lot along a public street; for a corner lot the owner may elect either street line as the front lot line.

Lot, interior, means a lot that is not a corner lot.

Lot line adjoining a street means a side lot line of a corner lot which abuts a street, a rear lot line of a through lot, or a front lot line of any lot.

Lot lines means the property lines bounding the lot.

Lot line, interior, means a lot line which does not abut a street right-of-way line.

Lot line, rear, means that boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line and in the case of an irregular, triangular, or gore shaped lot, a line ten feet in length, within the lot, which is parallel to and a maximum distance from the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means an area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.

Lot, reversed corner, means a corner lot, the side lot line adjoining a street which is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through, means a lot having a pair of opposite lot lines along two more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines for the purpose of conforming with yard, other open area, and accessory building, structure and use regulations of this chapter.

Lot width means the minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the buildable area.

Manufacturing establishment means an establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing, or testing of materials, goods, or products.

Massage therapy means manipulation of tissues (as by rubbing, stroking, kneading, or tapping) with the hand or an instrument for remedial or therapeutic treatment.

Mausoleum means vault or other place of burial, often above ground.

Mobile home means a trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross area of 300 square feet or more.

Mobile home park means a parcel or tract of land with facilities for locating three or more mobile homes and to be used solely for long term occupancy of mobile homes of a type designed to be transported after fabrication, on wheels, or a flat bed or other trailers or detachable wheels, and which are designed for permanent occupancy.

Motor freight terminal means a building or area in which freight brought by motor truck or railroad is assembled or stored for routing in intra-state or inter-state shipment by motor truck.

Nameplate means a sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.

Net density means the ratio between total number of dwelling units on a site and the total site area (in acres) including parks and common open spaces but exclusive of existing street and alley right-of-way and all other nonresidential use.

Net site area means the area inside of lot lines exclusive of established or existing street and alley rights-of-way.

No-access strip means a strip of land along the rear lot line, adjoining a thoroughfare right-of-way, or a through lot, and which is designated on a recorded subdivision plat or a property deed as land over which motor vehicular travel shall not be permitted.

Nonconforming building or structure means any building or structure lawfully established which:

Does not comply with all the regulations of this chapter or any amendment hereto governing bulk of the district in which such building or structure is located; or

Is designed or intended for a nonconforming use.

Nonconforming use means any building or structure and the use thereof or the use of land that does not conform with the regulations of this chapter or any amendment hereto governing use in the district in which it is located, but conformed with all the codes, ordinances, and other legal requirements applicable at the time such building or structure was erected, enlarged or altered, and the use thereof or the use of land was established.

Noxious matter or material means a material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effect on the physical or economic well-being of individuals.

Nursery school means a pre-kindergarten school for children, primarily between the ages of three to five, located in a facility or structure other than a family home.

Nursing home orrest home means a building containing facilities for the care and home of aged, chronically ill, infirm, or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three or more persons not members of the family residing on the premises are received, and provided with food, shelter, and care, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.

Office park means a large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility.

Office, professional, means any office used primarily for accounting, consulting, correspondence, editing, administration and related services.

Off-street parking lot or area means land which is improved and used or a structure which is designed and used exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or commercial off-street parking spaces when permitted herein by district regulations.

Open sales lot means land used or occupied for the purpose of buying, selling, or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats, or similar commodities.

Open space, common, means open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

Outdoor or open storage means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

Owner/operator means the owner of the bed and breakfast establishment, who is required to reside in the bed and breakfast establishment.

Party wall means an interior wall of adjoining buildings, extending from its footing below grade to the underside of the roof, which divides and is in common use by such adjoining buildings.

Performance standard means a criteria established to control smoke and particulate matter, noise, odor, toxic, or noxious matter, vibration, fire and explosion hazards, glare or heat, or radiation hazards generated by or inherent in uses of land or buildings.

Person means any individual, partnership, corporation, association, proprietorship, or other legal entity.

Plan commission means the plan commission of the city.

Planned unit development means a parcel or tract of land, at least ten acres in size, initially under single ownership or control, which contains two or more principal buildings and more than one principal use, planned and constructed as a unified development where specific regulations of a given zoning district are modified through the issuance of a special use permit.

Plant nursery means any land used to raise trees, shrubs, flowers, and other plants for sale to the public or for transplanting.

Principal use means the main use of land or buildings as distinguished from a subordinate or accessory use.

Public open space means any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public utility means any person, firm, corporation or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, transportation, water, sewer, cable television, etc.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.

Recycling center means a building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.

Recycling yard means an open area of land and any accessory buildings or structures thereon which are used primarily for buying, selling, exchanging, storing, baling, packing, disassembling, or handling waste or scrap materials, including vehicles, machinery, and equipment not in operable condition or parts thereof, and other metals, paper, rags, rubber tires and bottles.

Religious institution means a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Research laboratory means a building or group of buildings, in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Reservoir parking spaces means those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.

Restaurant means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in non-disposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

Restaurant, fast food, means any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either:

Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or

The establishment includes a drive-up or drive-through service facility or offers curb service.

Roadway means the portion of a street which is used or intended to be used for the travel of motor vehicles.

Roominghouse means any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals. A boardinghouse or furnished room house shall be deemed a roominghouse.

Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone or horn. Such device transmits and/or receives radio or electromagnetic waves between earth based and/or orbitally based satellites. This definition includes, but is not limited to, what are commonly referred to as satellite earth stations, television reception only antennas and satellite microwave antennas.

Self-service storage facility means a building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.

Setback means the minimum horizontal distance between a right-of-way line or lot line and the nearest foundation of a building or side of a structure facing such lines, or edge of the area of operation of a principal use when no building or structure is involved.

Sexually oriented business means any premises to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments, or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. A sexually oriented business further includes, without being limited to, any adult bookstores, adult motion picture theaters, adult mini-motion picture establishments, adult cabaret, adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

Single ownership means a lot where the owner does not own adjoining vacant property.

Sleeping room means a room rented on a weekly basis to an individual under terms that do not allow for kitchen, laundry, or meals for compensation.

Specified anatomical areas means:

Less than completely and opaquely covered human genitals, pubic region; buttocks; and female breasts below a point immediately above the top of the areola.

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

Specified sexual activities means:

Human genitals in a state of sexual stimulation or arousal;

Acts of human masturbation, sexual intercourse or sodomy;

Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

Stormwater definitions. See chapter 66.

Story means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. The floor of a story may have split levels provided that there are not more than four feet differences in elevation between the different levels of the floor. A mezzanine floor shall be counted as a story when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

Story, half, means that portion of a building under a gable, hip, or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than 4½ feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping room shall not be counted as a story.

Street means a public or private right-of-way or easement which is designated as a permanent right-of-way easement for common use as the primary means of vehicular access to properties abutting on it.

Street frontage means all of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end street, all of the property along one side of the street between an intersecting street and the end of such dead-end street.

Street line means the street right-of-way line abutting a property line of a lot.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.

Structure means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting, permanent structures, driveways (all types), parking areas (all types), sidewalks (all types), patios (all types), decks, swimming pools, detached garages, sheds, greenhouses, pergolas, tennis courts, tennis court backstops, signs, sport courts, archways, arbors and any or all other accessory buildings.

Swimming club, private (commercial), means a private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with the specified limitations upon the number of members, for the exclusive use of members and their guests.

Swimming club, private (not-for-profit), means a private club incorporated as a (not-for-profit) club or organization, maintaining and operating a swimming pool, with specified limitations upon the number of members, or limited to residents of a block, subdivision, neighborhood, community or other specified area of residence, for the exclusive use of members and their guests.

Swimming pool, commercial, means a swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the public upon payment of an hourly, daily, weekly, monthly, annual or other fee.

Swimming pool, private, means a swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of that person's household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

Swimming pool, public, means a swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.

Tattoo parlor means an establishment which features the tattooing of the human body by means of inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.

Townhouse means row houses of not more than two stories where each unit is owned individually. Also, a unit within such structure.

Toxic materials means a substance (liquid, solid or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

Trailer means a vehicle with or without motive power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, which does not meet the building code requirements, and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "trailer" includes "camper" and "house car." A permanent foundation shall not change its character nor shall the erecting of additions to said trailer, unless the trailer and any additions conform to all city laws.

Trailer, sports or camping, means a trailer designed for camping or other recreational purposes.

Use means the purpose or activity for which the land, buildings and structures thereon, is designed, arranged, or intended or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

Use, lawful, means the use of any building, structure, or land that conforms with all of the regulations of this chapter or any amendment hereto and which conforms with all of the codes, ordinances, and other legal requirements, as existing at the time of the enactment of the ordinance from which this chapter is derived or any amendment thereto, for the structure or land that is being examined.

Use, permitted, means any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable performance standards of this chapter for the district in which such use is located.

Use, special, means a use that has operational, physical and other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that compliments or is otherwise compatible with the intended overall developments within a district. Compliance with special standards not necessarily applicable to other permitted or special uses in the district shall be required for a special use, as herein regulated in this chapter.

Vehicle, motor, means any passenger vehicle, truck, truck-trailer, or semi-trailer propelled or drawn by mechanical power.

Vending machine means a machine for dispensing merchandise or services designed to be operated by the customer.

Vibration means the periodic displacement, measured in inches, of earth at designated frequency-hertz (cycles per second).

Warehouse means a building used primarily for the storage of goods and materials.

Warehousing and distribution means a use engaged in storage, wholesale, and distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.

Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Yard means an open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this chapter.

Yard adjoining a street, side, means a yard which is bounded by the front yard line, side yard adjoining a street line, rear yard line and side lot line adjoining a street.

Yard, front, means a yard which is bounded by the side lot lines, front lot lines, and the front yard line or the established setback line.

Yard, interior, side, means a side yard which adjoins another lot or an alley separating such side yard from another lot.

Yard line means a line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure, or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this chapter.

Yard, rear, means a yard which is bounded by side lot lines, rear lot line, and the rear yard line.

Yard, side, means a yard which bounded by the rear yard line, front yard line, side yard line, and side lot line.

Zero lot line means a single-family residence established on a zoning lot with one side of the structure coterminous with one interior side lot line of the adjacent zoning lot.

Zoning districts means the districts into which the city has been divided as set forth on the district map, for the purposes of zoning regulations and requirements.

Zoning lot means a single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract of land to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Zoning officer means the person charged with the responsibility of administering and enforcing this chapter.

(Ord. No. 2001-26, § 1(1-3), 10-8-2001; Ord. No. 2005-07, § 2(1-3-2), 4-11-2005; Ord. No. 2005-20, §§ 1, 2(1-3), 9-12-2005; Ord. No. 2020-06, § 2, 3-9-2020; Ord. No. 2021-02, §§ 1, 2, 3-8-2021)

Sec. 98-4. - Interpretation.

(a)

Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(b)

Relationship with other laws. Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(c)

Effect of existing agreements. This chapter is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements herein shall govern.

(d)

Vacancy in the office of city engineer. That should a vacancy occur in the office of city engineer, any approval required under this chapter shall be done by the plan commission.

(Ord. No. 2001-26, § 1(1-4), 10-8-2001; Ord. No. 2005-20, § 2(1-4), 9-12-2005)

Sec. 98-5. - Separability.

It is hereby declared to be the intention of the city that the several provisions of this comprehensive amendment are separable, in accordance with the following:

(1)

If any court of competent jurisdiction shall adjudge any provision of this comprehensive amendment to be invalid, such judgment shall not affect any other provisions not specifically included in said judgment.

(2)

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this comprehensive amendment to a particular property, building, or other structure, such judgment shall not affect the application of said provisions to any other property, building or structure not specifically included in said judgment.

(Ord. No. 2001-26, § 1(1-5), 10-8-2001; Ord. No. 2005-20, § 2(1-5), 9-12-2005)

Sec. 98-6. - Scope of regulations.

(a)

Change in structures or use. Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(b)

Nonconforming buildings, structures, and uses. Any lawful building, structure or use existing at the time of the zoning ordinance may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, subject to the provisions of article IV of this chapter.

(c)

Building permits. Where a building permit for a building or structure has been issued in accordance with a law prior to the effective date of the ordinance from which this chapter is derived and provided that construction is begun within 90 days of such effective date and completed within 18 months, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject to the provisions of article IV of this chapter.

(d)

Use. No building, structure or land or part thereof shall hereafter be erected, raised, moved, converted, extended or enlarged, or structurally altered except in conformity with the regulations herein specified for the district in which it is located unless otherwise stated in this chapter.

(e)

Access to public street. Except as otherwise provided for herein for a planned development, every principal building shall be constructed or erected upon a lot or parcel of land, which abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of the ordinance from which this chapter is derived.

(f)

Number of buildings on a zoning lot. Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(g)

Existing special uses. Where a use is classified as a special use and exists as a permitted use at the date of the adoption of the ordinance, it shall be considered a legal use, without further action of the city council, the zoning officer, or the plan commission.

(h)

Use not specifically permitted in districts. When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless by application and authorization as provided for under special uses, it is determined that said use is similar to and not more objectionable than uses listed. Such uses may then be permitted.

(Ord. No. 2001-26, § 1(1-6), 10-8-2001; Ord. No. 2005-20, § 2(1-6), 9-12-2005)

Sec. 98-7. - Adult-use cannabis.

(a)

Purpose and applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City of Sandwich. 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.

(b)

Special use: Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with this chapter as provided herein.

(c)

Adult-use cannabis facility components: In determining compliance with this chapter, the following components of the adult-use cannabis facility 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 the 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/employees; provided such hours may not extend beyond 6:00 a.m. and 10:00 p.m.

(4)

Anticipated parking demand based on 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)

Proposed signage plans.

(8)

Anticipated number of employees and customers.

(9)

The distance between adult-use cannabis facilities shall be no less than 100 feet.

(10)

Other criteria determined to be necessary to assess compliance with this chapter.

(d)

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

(1)

Facility may not be located within 1,000 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

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

(4)

Facility may not permit the on-site consumption of cannabis on the premises.

(5)

Petitioner shall file an affidavit with the city affirming compliance with all requirements of the Act.

(e)

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

(1)

(2)

Facility may not be located within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

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

(4)

Facility may not permit the on-site consumption of cannabis on the premises.

(5)

Petitioner shall file an affidavit with the city affirming compliance all requirements of the Act.

(f)

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

(1)

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least 75 percent 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, and no dispensing organization shall also sell food for consumption on the premises.

(4)

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. Facility may not permit the on-site consumption of cannabis on the premises.

(5)

Petitioner shall file an affidavit with the city affirming compliance with all requirements of the Act.

(g)

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

(1)

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least 75 percent 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 Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

Facility may not permit the on-site consumption of cannabis on the premises.

(5)

Petitioner shall file an affidavit with the city affirming compliance with all requirements of the Act.

(h)

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

(1)

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

At least 75 percent 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 Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(4)

Facility may not permit the on-site consumption of cannabis on the premises.

(5)

Petitioner shall file an affidavit with the city affirming compliance with all requirements of the Act.

(i)

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

(1)

(2)

Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.

(3)

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 Act.

(4)

Facility may not permit the on-site consumption of cannabis on the premises

(5)

Petitioner shall file an affidavit with the city affirming compliance with all requirements of the Act.

(j)

Additional requirements: 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 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 Act.

(k)

Co-location of cannabis business establishments. The city 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 Act and the special use criteria within the City of Sandwich Municipal Code.

(Ord. No. 2020-06, § 3, 3-9-2020)