The height limitations stipulated in the applicable districts shall not apply to the following, provided that no such structure exceeds the height limits for airport approach areas, as established in this title:

A.

Church steeples;

B.

Chimneys;

C.

Flag poles;

D.

Silos;

E.

Elevator towers;

F.

Air conditioning units;

G.

Windmills;

H.

Utility transmission towers;

I.

Parapet walls;

J.

Antennas; and

K.

Similar structures.

No structure shall be erected to a height that would encroach into or through any established public or private airport approach plan, prepared in accordance with the criteria established by the Federal Aviation Administration.

(Ord. No. 1997-6-16-D, Art. 3(3.1), 6-16-1997)

Every part of a required yard shall be open and unobstructed from the ground to the sky, except as herein provided or as otherwise permitted in this title.

(a)

Structural Overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs at least seven (7) feet above grade, may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within four (4) feet of any property line.

(b)

Sills and Belt Courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard.

(c)

Air Conditioners and Similar Mechanical Equipment. Air conditioning equipment, sprinkler system controls and similar mechanical (including utility's pad mounted equipment) may project into any required yard provided that the equipment is mounted in a manner contiguous to the building.

(d)

Fire Escapes, Outside Stairways, Balconies, Chimneys, etc. Open or enclosed fire escapes, outside stairways, balconies, and chimneys and flues may project up to four (4) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation.

(e)

Decks. A deck, whether elevated or at ground level, may project up to four (4) feet into a required rear yard.

(f)

Swimming Pools and Related Structures. Swimming pools may be located in a side yard or a rear yard but not in the required side yard provided they are no closer than fifteen (15) feet to any rear property line, or five (5) feet to any easement, whichever distance is greater. Patios constructed in conjunction with any swimming pool may be located within a required rear yard provided that they are not located within an easement or closer than ten (10) feet to any property line.

(g)

Trellises, Play Equipment, Lights, Outdoor Furniture, etc. Trellises and trelliswork, play equipment, wires, lights, outdoor furniture, mailboxes, ornamental entry columns and gates, and outdoor equipment are allowed within required yards.

(h)

Unenclosed Porches, Steps and Paved Terraces. An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed ten (10) feet.

(i)

Gasoline Pumps and Islands. Gasoline pumps and pump islands, associated with either a service station or as an accessory facility, may be located within a front yard, provided they are located no closer than fifteen (15) feet to any public right-of-way.

(j)

Fences and Walls. Fences and walls are allowed within required yards, subject to the provisions of Section 17.06.070.

(k)

Utility Buildings. Utility buildings or sheds of four hundred (400) square feet or less may be located with a required side or rear yard, provided a minimum of three (3) feet is maintained from the side or rear property line and the structure is clear of any easements.

Acceptable building materials and finishes for these structures to be comparable to materials used to construct adjacent residential buildings.

(l)

Parking Areas and Driveways. Off-street parking areas may encroach into the required front yard setbacks providing that the encroachment does not extend into a required landscape buffer along the street frontage. Parking areas and driveways may encroach into required side yards of multi-family residential and non-residential districts. On single-family zoned lots, driveways must be located a minimum of five feet from the nearest lot line at the point of intersection with the right-of-way. All parking areas constructed must follow guidelines as established in section 10.12.120.

(m)

Sidewalks. Sidewalks may be located within any required yard.

(n)

Satellite Dish Antennas. Satellite dish antennas may encroach into required yards based on the provisions of Section 17.06.100.

(o)

Miscellaneous Structures and Devices. Underground utility equipment, flag poles, regulation mail boxes, traffic signals, fire hydrants, light poles, and other similar structures or devices may be located in any required yard.

(Ord. No. 1997-6-16-D, Art. 3(3.2), 6-16-1997; Ord. No. 2016-12-19-C, § II, 12-19-2016; Ord. No. 2017-8-7-B, § I, 8-7-2017; Ord. No. 2023-11-20-A, § I, 11-20-2023)

(a)

Applicability. In residential zoning districts, home occupations shall be limited to those uses listed as permitted home occupations or which are similar to a permitted home occupation and meet the standards in Section 17.06.030(c).

(b)

Permitted Home Occupations. Home occupations are permitted in any dwelling unit subject to the following provisions. Authorized home occupations subject to the requirements of this chapter and the respective zoning district regulations shall include the following:

A.

Artists and sculptors;

B.

Authors and composers;

C.

Dressmakers, seamstresses and tailors;

D.

Data entry and similar computer work;

E.

Home crafts, such as model making, rug weaving, lapidary work, and ceramics;

F.

Office facility of a minister, rabbi, priest or other similar person associated with a religious organization;

G.

Office facility of salesman, sales representative, or manufacturers representative, provided no retail or wholesale transactions are made on the premises;

H.

Telephone sales and similar telephone-related uses;

I.

The renting of not more than one (1) room for rooming or boarding persons who are not transients;

J.

Similar uses which do not involve retail or wholesale sales transactions on the premises, employment of persons other than occupants of the dwelling, any greater assembly, processing, or fabrication operations;

K.

Babysitting or care of up to three (3) children who do not live in the residence and are not related to the residents;

L.

Beauty shops;

M.

Tutors or teachers provided that services are provided to not more than three (3) students at a time; and

N.

Auto detailing and cleaning.

O.

Massage therapy if performed by a practitioner licensed or certified by a recognized licensing or certifying body or association.

P.

Firearm repair if performed by a resident holding a Federal Firearms License (FFL).

(c)

Home Occupation Standards. All permitted home occupations, and any proposed home occupation which is not specifically permitted, shall be approved, approved with conditions or denied based on the following criteria:

A.

The home occupation shall be conducted within the dwelling which is the bona fide residence of the principal practitioner or in any building accessory thereto which is normally associated with a residential use;

B.

No alterations to the exterior appearance of the principal residential building or premises shall be made which changes the character thereof as a residence;

C.

No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted;

D.

No persons other than a member of the immediate household occupying such dwelling shall be employed on the premises;

E.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its used for residential purposes by its occupants, and shall under no circumstances change the residential character thereof;

F.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street;

G.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

H.

No signs accessory to such home occupation shall be displayed except as permitted or authorized by applicable City sign regulations; and

I.

A home occupation shall be subject to all applicable City occupational licenses and permits.

(Ord. No. 1997-6-16-D, Art. 3(3.3), 6-16-1997; Ord. No. 1997-12-1-B, § I, 12-1-1997; Ord. No. 2007-11-5-M, § I, 11-5-2007; Ord. No. 2017-8-7-D, § I, 8-7-2017)

A.

Facilities accessory to a residential use which are developed in any residential district in accordance with the requirements of this Section shall be used solely for parking of passenger automobiles owned or leased by occupants of the dwelling structures to which such facilities are accessory, or by guests or tenants of such occupants or owners. A single commercial vehicle owned or operated by the occupant of a residence may also be parked on any residentially zones lot if such vehicle is not:

1.

Designed or used for hauling explosives, gasoline, liquefied petroleum products or any other hazardous materials, as determined by the Department of Transportation.

B.

Commercial vehicles shall not be allowed to idle more than fifteen (15) minutes.

C.

Commercial vehicles shall not be allowed to operate refrigerator units in residentially zoned districts.

D.

Commercial vehicles must be parked on an improved surface.

E.

An "improved surface" is hereby defined as one or more of the following: CA6 Rock to a depth of eight (8) inches, or, two (2) inches of CA6 Rock base overlaid with six (6) inches of concrete, or, four (4) inches of CA6 Rock overlaid with four (4) inches of asphalt.

(Ord. No. 1997-6-16-D, Art. 3(3.4), 6-16-1997; Ord. No. 2002-4-15-A, § I, 4-15-2002; Ord. No. 2002-6-17-A, § I, 6-17-2002)

(a)

Prohibition of Junk Vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially-zoned property except when parked or stored in a completely enclosed garage or building.

(b)

Limitation on Number of Automobiles. In residential districts, the total number of motor vehicles, including allowed recreational vehicles and trailers on a premises shall not exceed five (5) for any one (1) residential unit. Except, however, that in single-family districts a premises which has one (1) or more enclosed structures for four (4) or more vehicles may exceed this limitation provided that all but two (2) vehicles are garaged or stored in such enclosed structure(s) when not in use.

(Ord. No. 1997-6-16-D, Art. 3(3.5), 6-16-1997)

(a)

Authorization. Accessory uses are permitted in all zoning districts as provided herein.

(b)

Use Limitations.

A.

All accessory uses and structures shall comply with the use limitations applicable in the zoning district in which located.

B.

No accessory structure shall be used as a dwelling.

C.

No accessory building shall exceed twenty-five (25) feet in height in any residential (R) district.

(c)

Location.

A.

If an accessory-type building shares a structural wall with a principal building, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this title applicable to a principal building.

B.

If an accessory building is detached from the principal building, it shall be located at least ten (10) feet from the principal building.

C.

No accessory structure or use shall be located in any required corner visibility triangle as established in Section 17.06.090.

D.

No accessory structure, except those exempted by Section 17.06.020, shall be located within a front yard.

(d)

Accessory Antennae.

A.

Accessory Antenna, as defined in Chapter 17.04, shall be allowed in any residential district provided that such antennae do not exceed fifty (50) feet in height as measured from the ground.

B.

Satellite Dish Antennae, as defined in Chapter 17.04, shall be allowed as an accessory use in any residential district provided that such antennae only receive a signal and such antennae are one (1) meter or less in diameter.

C.

Satellite Dish Antennae, as defined in Chapter 17.04, shall be allowed as an accessory use in any nonresidential district provided that such antennae only receive a signal and that any such antenna is two (2) meters or less in diameter. Any satellite dish antenna that is larger than two (2) meters in diameter and/or transmits a signal shall be considered a communication antenna, as defined in Chapter 17.04, and regulated as a special use.

(Ord. No. 1997-6-16-D, Art. 3(3.6), 6-16-1997)

(a)

Easements and Rights-of-Way. Fences and walls shall not be constructed on or over any dedicated public rights-of-way. Fences may be constructed over city drainage or utility easements at the owners risk. The city shall not be obligated to repair, replace or reassemble any fence damaged or removed due to work being conducted in such easement. Erection or maintenance of fences in other utility easements not controlled by the city shall be at the owner's risk.

(b)

Front Yard. Fences not exceeding four feet in height may be erected in the front yard of any lot except as regulated by Section 17.06.090 of this title.

(c)

Side Yard. Fences not exceeding six feet in height may be erected in the side yard of any lot except within an historic district provided they do not extend beyond the front setback line. The height of fences in side yards within historic districts shall be limited to four feet.

(d)

Rear Yard. Fences not exceeding six feet in height may be erected in the rear yard of any lot except within an historic district. The height of fences in rear yards within historic districts shall be limited to four feet.

(e)

Prohibited Materials. No barbed wire, welded wire, steel mesh type, wood snow fence, electrical elements, or other hazardous materials shall be maintained as a fence or part of a fence or wall in a residential (R) district. Additional materials are prohibited in historic districts (see section 17.12.030(c)).

(Ord. No. 1997-6-16-D, Art. 3(3.7), 6-16-1997; Ord. No. 2017-6-19-C, § I, 6-19-2017)

(a)

Purpose and Intent. It is the purpose and intent of this section to permit the continuation of those lots, structures, used, characteristics of use or combinations thereof which were lawful before the passage of this title, but which would be prohibited, regulate, or restricted under the terms of this title or future amendments. It is the further purpose and intent of this Section to allow nonconforming lots, structures, uses, and characteristics of uses and combinations thereof to continue subject to specific conditions or limitations.

(b)

Nonconforming Lots of Record. Any nonconforming lot of record which was created prior to the adoption of this title or which was rendered nonconforming by an amendment to this title, may be used for any permitted use in its zoning district the same as if it were a conforming lot. Any new structure or any additions to existing structures on the lot shall comply with all setback requirements specified in the appropriate zoning district.

(c)

Continuation of Nonconformities. Nonconforming uses may be continued so long as they remain otherwise lawful, subject to the remaining provisions of this Section.

(d)

Expansion or Change of Nonconformities.

A.

No nonconforming use shall be expanded. No nonconforming use shall be changed to a different nonconforming use unless the Building Official determines that such change will result in a lessening of the degree of nonconformity.

B.

Additions to nonconforming structures containing conforming uses, shall be permitted if the additions comply with setback and other applicable site-related regulations.

C.

Additions to structures on a nonconforming lot may be permitted provided that such addition is in conformance with all applicable laws and Ordinances of the City and does not create or expand a nonconforming use and does not create or expand a nonconforming structure.

(e)

Repair or Alteration of Nonconformities. Repairs, maintenance and improvements of nonconforming structures and structures housing nonconforming uses may be carried out, provided that such work does not increase the cubic content of the building or the floor or ground area devoted to the nonconforming use. The preceding requirement does not prevent compliance with applicable laws or requirement relative to the safety and sanitation of a building occupied by a nonconforming use.

(f)

Reconstruction of Nonconformities After Catastrophe. Any nonconforming structure or structure housing a nonconforming use which is damaged by fire, flood, explosion, collapse, wind or other catastrophe to such an extent that the cost of repair or reconstruction will exceed one hundred (100) percent of the building's replacement value at the time of the damage shall be deemed to be terminated. No repair or reconstruction may occur except when such repair or reconstruction results in the conversion of the previous nonconformity to a conforming structure and/or use. In the event that damage to a nonconformity may be repaired by an investment of less than one hundred (100) percent of the replacement value of the nonconformity at the time of the damage, such repair shall be permitted and the nonconformity may continue.

(g)

Cessation of Nonconformities. Any nonconforming use of land or structure which ceases operation for a continuous period of one (1) year or more, or if a nonconforming structure is removed for a continuous period of one (1) year or more, all nonconformities shall be considered terminated and shall not thereafter be reestablished. This requirement includes the prohibition of installing a mobile home on a lot not zoned RMH if no mobile home has been located on the lot within the preceding year.

(Ord. No. 1997-6-16-D, Art. 3(3.8), 6-16-1997; Ord. No. 1999-6-7-C, § I, 6-7-1999)

On every corner lot, the sight triangle (as defined in Chapter 17.04) shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided that this requirement shall generally not apply to the trunk of a tree (but does apply to branches or foliage) or a post, column or similar structure which is not greater than one (1) foot in cross section or diameter. Lateral vision shall be maintained between a height of thirty (30) inches and ten (10) feet above the average elevation of the existing surface of both streets measured along the center lines adjacent to the visibility triangle.

(Ord. No. 1997-6-16-D, Art. 3(3.9), 6-16-1997)

Satellite dish antennas shall be permitted in all districts in accordance with the following provisions:

1.

Dishes exceeding one (1) meter in diameter shall require the issuance of a building permit. Dishes exceeding three (3) meters in diameter shall require site development plan approval by the Planning Commission.

2.

All applications for satellite dish antenna building permits must include certification and calculations, signed and sealed by an Illinois registered Professional Engineer, that the proposed installation complies with the structural standards listed in the Uniform Building Code adopted by the City of Vandalia.

(Ord. No. 1997-6-16-D, Art. 3(3.10), 6-16-1997)

In residential zoning districts, up to four (4) dogs over the age of four (4) months, or up to five (5) rabbits over the age of four (4) months, or up to five (4) cats over the age of fourth months, or a combination of not more than five (5) dogs, rabbits and/or cats over the age of four (4) months may be kept as domestic pets by the occupant of a dwelling. These animals may not be used or kept for commercial or retail purposes, or as to cause a public nuisance. Additional animal regulations are contained in Chapter 15 [Title 6] of the City Code. If there are any inconsistencies between the pet regulations contained in this section and the provisions of Chapter 15 [Title 6], the provisions of Chapter 15 [Title 6] shall prevail.

(Ord. No. 1997-6-16-D, Art. 3(3.11), 6-16-1997)

Shipping containers shall be subject to the requirements in the following table:

(Ord. No. 2019-7-15-F, § I, 7-15-2019)

1.

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 Vandalia. 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.

2.

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 section 17.20 (Special Use Regulations) of this title and section 17.06.130(3) (Adult-Use Cannabis Facility Components) as provided herein.

3.

Adult-Use Cannabis Facility Components. In determining compliance with chapter 17.20 (Special Use Regulations) of this title, 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:

3.1

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

3.2

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

3.3

Hours of operation and anticipated number of customers/employees.

3.4

Anticipated parking demand based on section 17.16.010 and available private parking supply.

3.5

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

3.6

Site design, including access points and internal site circulation.

3.7

Proposed signage plan.

3.8

Compliance with all requirements provided in section 17.06.130(4) (Adult-Use Cannabis Craft Grower); section 17.06.130(5) (Adult-Use Cannabis Cultivation Center); section 17.06.130(6) (Adult-Use Cannabis Dispensing Organization); section 17.06.130(7) (Adult-Use Cannabis Infuser Organization); section 17.06.130(8) (Adult-Use Cannabis Processing Organization); or section 17.06.130(9) (Adult-Use Cannabis Transporting Organization), as applicable.

3.9

Other criteria determined to be necessary to assess compliance with chapter 17.20 (Special Use Regulations) of this title.

4.

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:

4.1

Facility may not be located within four hundred (400) feet of the property line of a preexisting 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.

4.2

Facility may not be located within four hundred (400) feet of the property line of a preexisting property zoned or used for residential purposes.

4.3

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

4.4

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "manufacturing" per section 17.16.010(f)(4)(A)(2) (Schedule of Off-Street Parking Requirements: Manufacturing), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through chapter 17.20 (Adult Use Cannabis: Special Use Regulations) herein.

4.5

Petitioner shall file an affidavit with the city affirming compliance with section 17.06.130(3) as provided herein and all other requirements of the Act.

5.

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:

5.1

Facility may not be located within four hundred (400) feet of the property line of a preexisting 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.

5.2

Facility may not be located within four hundred (400) feet of the property line of a preexisting property zoned or used for residential purposes.

5.3

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

5.4

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "manufacturing" per section 17.16.010(f)(4)(A)(2) (Schedule of Off-Street Parking Requirements: Manufacturing), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through Section 17.20 (Adult Use Cannabis: Special Use Regulations) herein.

5.5

Petitioner shall file an affidavit with the city affirming compliance with section 17.06.130(3) as provided herein and all other requirements of the Act.

6.

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:

6.1

Facility may not be located within five hundred (500) feet of the property line of a preexisting 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.

6.2

Facility may not be located in a dwelling unit or within five hundred (500) feet of the property line of a pre-existing property zoned or used for residential purposes.

6.3

At least one hundred (100) 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 other than as authorized in Section 6.5 below in the same tenant space.

6.4

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

6.5

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "wholesale and retail trade" per section 17.16.010(f)(5)(D) (Schedule of Off-Street Parking Requirements: Manufacturing), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through chapter 17.20 (Adult Use Cannabis: Special Use Regulations) herein.

6.6

Petitioner shall file an affidavit with the city affirming compliance with chapter 17.20 as provided herein and all other requirements of the Act.

7.

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:

7.1

Facility may not be located within four hundred (400) feet of the property line of a preexisting 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.

7.2

Facility may not be located in a dwelling unit or within four hundred (400) feet of the property line of a pre-existing property zoned or used for residential purposes.

7.3

At least one hundred (100) 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.

7.4

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "manufacturing" per section 17.16.010(f)(4)(A)(2) (Schedule of Off-Street Parking Requirements: Manufacturing), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 17.20 (Adult Use Cannabis: Special Use Regulations) herein.

7.5

Petitioner shall file an affidavit with the city affirming compliance with chapter 17.20 as provided herein and all other requirements of the Act.

8.

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:

8.1

Facility may not be located within four hundred (400) feet of the property line of a preexisting 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.

8.2

Facility may not be located in a dwelling unit or within four hundred (400) feet of the property line of a pre-existing property zoned or used for residential purposes.

8.3

At least one hundred (100) 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.

8.4

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "manufacturing" per section 17.16.010(f)(4)(A)(2) (Schedule of Off-Street Parking Requirements: Manufacturing), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through chapter 17.20 (Adult Use Cannabis: Special Use Regulations) herein.

8.5

Petitioner shall file an affidavit with the city affirming compliance with chapter 17.20 as provided herein and all other requirements of the Act.

9.

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:

9.1

Facility may not be located within two hundred (200) feet of the property line of a preexisting 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.

9.2

Facility may not be located in a dwelling unit or within two hundred (200) feet of the property line of a pre-existing property zoned or used for residential purposes.

9.3

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.

9.4

For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "transportation" per section 17.16.010 (f)(4)(B)(2) (Schedule of Off-Street Parking Requirements: Transportation), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through chapter 17.20 (Adult Use Cannabis: Special Use Regulations) herein.

9.5

Petitioner shall file an affidavit with the city affirming compliance with chapter 17.20 as provided herein and all other requirements of the Act.

10.

Additional Requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

11.

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 conditional use criteria within the City of Vandalia Municipal Code. In a co-location, the floor space requirements of section 6.3 and 7.3 shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 2020-7-20-A, § 3, 7-20-2020)

Editor's note— Ord. No. 2020-7-20-A, § 3, adopted July 20, 2020, set out provisions intended for use as 17.06.120. Inasmuch as there were already provisions so deignated, and at the editor's discretion, these provisions have been included as § 17.06.130.