1-101:

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 village. 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.

(Ord. No. 2019-ORD-16, § 5, 12-16-2019)

1-201:

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:

A.

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.

B.

Facility may not be located within 500 feet of the property line of a pre-existing property zoned or used for residential purposes.

C.

Facility may not be located within 1,500 feet of the property line of a pre-existing adult-use cannabis infuser organization or adult-use cannabis cultivation center.

D.

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

E.

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "industrial and warehouse uses" per section 1-107 of chapter 10 ("schedule of off-street parking spaces").

F.

Petitioner shall file an affidavit with the village affirming compliance with this subsection and all other requirements of the village Code and Act.

(Ord. No. 2019-ORD-16, § 5, 12-16-2019; Ord. No. 2020-ORD-19, § 3, 6-15-2020; Ord. No. 2023-ORD-16, § 4, 5-1-2023)

1-301:

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:

A.

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.

B.

Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

C.

Facility may not be located within 1,500 feet of the property line of a pre-existing adult-use cannabis business establishment.

D.

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

E.

For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "industrial and warehouse uses" per section 1-107 of chapter 10 ("schedule of off-street parking spaces").

F.

Petitioner shall file an affidavit with the village affirming compliance with this subsection and all other requirements of the village Code and Act.

(Ord. No. 2019-ORD-16, § 5, 12-16-2019)

1-401:

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:

A.

Only two dispensing organizations shall be allowed within the village at any given time.

B.

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.

C.

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.

D.

Facility may not be located within 1,500 feet of the property line of a pre-existing adult-use cannabis dispensing organization.

E.

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.

F.

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

G.

The parking requirements of said facilities shall be determined in accordance with section 1-107 of chapter 10 of this title.

I.

No operator, employee or agent of an adult-use cannabis dispensing organization shall operate, be open for business, or permit any person not an employee of the adult-use cannabis dispensing organization to remain on the premises between 10:00 p.m. and 9:00 a.m. Central Standard Time or daylight savings time, whichever is in effect.

J.

Petitioner shall file an affidavit with the village affirming compliance with this subsection and all other requirements of the Village Code and Act.

K.

Adult-use cannabis dispensing organizations shall be a special permit use, requiring approval of a special permit use in the respective districts in which they are requested, and shall be processed in accordance with chapter 3 of this title and this subsection (part IV of chapter 14). In determining compliance with chapter 3, the following components of the adult-use cannabis dispensing organizations 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.

(4)

Anticipated parking demand based on chapter 10 of this title and available private parking supply.

(5)

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

(6)

Site design, including access points and internal site circulation.

(7)

Proposed signage plan.

(8)

Compliance with all requirements provided in this subsection), as applicable.

(9)

Other criteria determined to be necessary to assess compliance with chapter 3 (special permit uses) of this title.

(Ord. No. 2023-ORD-16, § 5, 5-1-2023)

1-501:

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:

A.

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.

B.

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.

C.

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.

D.

For purposes of determining required parking, said facilities shall be classified as "industrial and warehouse uses" per section 1-107 of chapter 10 ("schedule of off-street parking spaces").

E.

Petitioner shall file an affidavit with the village affirming compliance with this subsection and all other requirements of the village Code and Act.

(Ord. No. 2019-ORD-16, § 5, 12-16-2019)

1-601:

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:

A.

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.

B.

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.

C.

Facility may not be located within 1,500 feet of the property line of a pre-existing adult-use cannabis business establishment.

D.

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.

E.

For purposes of determining required parking, said facilities shall be classified as "industrial and warehouse uses" per section 1-107 of chapter 10 ("schedule of off-street parking spaces").

F.

Petitioner shall file an affidavit with the village affirming compliance with this subsection and all other requirements of the village Code and Act.

(Ord. No. 2019-ORD-16, § 5, 12-16-2019)

1-701:

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:

A.

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.

B.

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.

C.

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

D.

For purposes of determining required parking, said facilities shall be classified as a "warehouse" use per section 1-107 of chapter 10 ("schedule of off-street parking spaces").

E.

Petitioner shall file an affidavit with the village affirming compliance with this subsection and all other requirements of the village Code and Act.

(Ord. No. 2019-ORD-16, § 5, 12-16-2019; Ord. No. 2020-ORD-19, § 4, 6-15-2020; Ord. No. 2024-ORD-12, § 3, 5-20-2024)

1-801:

The village may require additional building enhancements for applicants seeking to operate an adult-use cannabis business establishment within the village. Petitioner shall install the building enhancements, such as security cameras, lighting or other improvements, as precondition to receiving a certificate of occupancy, permit, business license, or special use, as applicable, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its surrounding 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.

(Ord. No. 2019-ORD-16, § 5, 12-16-2019)