It is the intent and purpose of this chapter to provide regulations regarding the cultivation, processing, dispensing, infusing and transporting of adult-use cannabis occurring within the corporate limits of the Village of Stockton. Such facilities shall comply with all regulations provided in the Act, as it may be amended from time to time, and regulations promulgated thereunder, as well as the regulations provided below. In the event that the Act is amended, the more restrictive of the State or local regulations shall apply. (Ord. 679, 12-10-2019)

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 section 11-18-7 of this title and section 11-17-3 of this chapter, as provided herein. (Ord. 679, 12-10-2019)

In determining compliance with section 11-18-7 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:

   A.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

   B.   Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

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

   D.   Anticipated parking demand based on chapter 11-15 and available private parking supply.

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

   F.   Site design, including access points and internal site circulation.

   G.   Proposed signage plan.

   H.   Compliance with all requirements provided in section 11-17-4 (Adult-Use Cannabis Craft Grower); section 11-17-5 (Adult-Use Cannabis Cultivation Center); section 11-17-6 (Adult-Use Cannabis Dispensing Organization); section 11-17-7 (Adult-Use Cannabis Infuser Organization); section 11-17-8 (Adult-Use Cannabis Processing Organization); or section 11-17-9 (Adult-Use Cannabis Transporting Organization), as applicable.

   I.   Other criteria determined to be necessary to assess compliance with the provisions of 11-18-7 (Special uses). (Ord. 679, 12-10-2019)

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 one thousand feet (1,000') 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/nursing home or long-term care facility. 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 conduct any sales or distribution of cannabis other than as authorized by the Act.

   C.   For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "manufacturing and processing plants, laboratories and warehouses" per 11-15-4F, provided however, that the Village may require that more or less parking be provided as a result of the analysis completed hereunder.

   D.   Petitioner shall file an affidavit with the Village affirming compliance with all requirements as provided herein and all other provisions and requirements of the Act. (Ord. 679, 12-10-2019)

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 one thousand feet (1,000') 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/nursing home or long-term care facility. 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 conduct any sales or distribution of cannabis other than as authorized by the Act.

   C.   For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as "manufacturing and processing plants, laboratories and warehouses" per 11-15-4F, provided however, that the Village may require that more or less parking be provided as a result of the analysis completed hereunder.

   D.   Petitioner shall file an affidavit with the Village affirming compliance with all requirements as provided herein and all other provisions and requirements of the Act. (Ord. 679, 12-10-2019)

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

   A.   Facility may not be located within one thousand feet (1,000') 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/nursing home or long-term care facility. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   B.   At least seventy five percent (75%) of the floor area of any 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 other than as authorized in section 11-17-11 below in the same space.

   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, adult-use cannabis dispensing organizations or dispensary, shall be classified as "restaurants, bars, clubs and lodges, places of entertainment, repair shops, retail and service stores" per 11-15-4F, provided however, that the Village may require that more or less parking be provided as a result of the analysis completed hereunder.

   E.   Petitioner shall file an affidavit with the Village affirming compliance with all requirements as provided herein and all other provisions and requirements of the Act. (Ord. 679, 12-10-2019)

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

   A.   Facility may not be located within one thousand feet (1,000') 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/nursing home or long-term care facility. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   B.   At least seventy five percent (75%) of the floor area of any 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.

   C.   For purposes of determining required parking, adult-use cannabis infuser organization or infuser shall be classified as "manufacturing and processing plants, laboratories and warehouses" per 11-15-4F, provided however, that the Village may require that more or less parking be provided as a result of the analysis completed hereunder.

   D.   Petitioner shall file an affidavit with the Village affirming compliance with all requirements as provided herein and all other provisions and requirements of the Act. (Ord. 679, 12-10-2019)

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

   A.   Facility may not be located within one thousand feet (1,000') 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/nursing home or long-term care facility. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   B.   At least seventy five percent (75%) of the floor area of any space occupied by a processor shall be devoted to the activities of the processing organization as authorized by the Act. The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   C.   For purposes of determining required parking, adult-use cannabis processing organizations or processors shall be classified as "manufacturing and processing plants, laboratories and warehouses" per 11-15-4F, provided however, that the Village may require that more or less parking be provided as a result of the analysis completed hereunder.

   D.   Petitioner shall file an affidavit with the Village affirming compliance with all requirements as provided herein and all other provisions and requirements of the Act. (Ord. 679, 12-10-2019)

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 one thousand feet (1,000') 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/nursing home or long-term care facility. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

   B.   The transporting organization shall be the sole use of the space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

   C.   For purposes of determining required parking, adult-use cannabis transporting organization shall be classified as "manufacturing and processing plants, laboratories and warehouses" per 11-15-4F, provided however, that the Village may require that more or less parking be provided as a result of the analysis completed hereunder.

   D.   Petitioner shall file an affidavit with the Village affirming compliance with all requirements as provided herein and all other provisions and requirements of the Act. (Ord. 679, 12-10-2019)

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 establishment(s), 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 and this title. (Ord. 679, 12-10-2019)

The Village may approve the co-location of adult-use cannabis businesses, subject to the provisions of the Act and the special use criteria within 11-18-7 and this chapter. In a co-location, the floor space requirements specified hereinabove need not apply, but the co-located establishments shall be the sole use of the space. (Ord. 679, 12-10-2019)