It is the intent and purpose of this article to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the city. 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. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

Act means the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time.

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

Adult-use cannabis craft grower means 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 means 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 means 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 means 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 means 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 means 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.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

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 1000 feet of the property line of a pre-existing primary, intermediate or secondary school.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing church.

(3)

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

(4)

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

(5)

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

(6)

For purposes of determining required parking, said facilities shall be subject to the requirements of section 102-126(2)(f).

(7)

Petitioner shall file an affidavit with the city affirming compliance with this subsection and all other requirements of the City Code and the act.

(8)

The operation of an adult-use cannabis craft grower shall be a special use, requiring approval of a special use in the respective districts in which they are requested, and shall be processed in accordance with section 102-236. The following components of the adult-use cannabis craft grower 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 section 102-126 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 this title XIII, as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 102-236(h).

j.

Compliance with section 102-601 of this chapter.

k.

Any additional information and/or documentation as the city shall deem necessary.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

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

(1)

Facility may not be located within 1000 feet of the property line of a pre-existing primary, intermediate or secondary school.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing church.

(3)

Facility may not be located within 1000 feet of the property line of a pre-existing property zoned or used for residential purposes.

(4)

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

(5)

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

(6)

For purposes of determining required parking, said facilities shall be subject to the requirements of section 102-126(2)(f).

(7)

Petitioner shall file an affidavit with the city affirming compliance with this subsection and all other requirements of the City Code and the act.

(8)

The operation of an adult-use cannabis cultivation center shall be a special use, requiring approval of a special use in the respective districts in which they are requested, and shall be processed in accordance with section 102-236. The following components of the adult-use cannabis cultivation center 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 section 102-126 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 this title XIII of this chapter, as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 102-236(h).

j.

Compliance with section 102-601 of this chapter.

k.

Any additional information and/or documentation as the city shall deem necessary.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

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

(1)

Facility may not be located within 1000 feet of the property line of a pre-existing primary, intermediate or secondary school.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing church.

(3)

Facility may not be located in a dwelling unit or within 50 feet of the property line of a pre-existing property zoned or used for residential purposes.

(4)

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

(5)

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.

(6)

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

(7)

On-site consumption shall be prohibited.

(8)

For purposes of determining required parking, said facilities shall be subject to the requirements of section 102-126(2)(k), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 102-236.

(9)

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 6:00 a.m. Central Standard Time or daylight saving time, whichever is in effect.

(10)

Petitioner shall file an affidavit with the city affirming compliance with this subsection and all other requirements of the City Code and act.

(11)

The operation of an adult-use cannabis dispensing organization shall be a special use, requiring approval of a special use in the respective districts in which they are requested, and shall be processed in accordance with section 102-236. The following components of the adult-use cannabis dispensing organization 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 section 102-126 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 this title XIII, as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 102-236(h).

j.

Compliance with section 102-601 of this chapter.

k.

Any additional information and/or documentation as the city shall deem necessary.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

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

(1)

Facility may not be located within 1000 feet of the property line of a pre-existing primary, intermediate or secondary school.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing church.

(3)

Facility may not be located in a dwelling unit or within 1000 feet of the property line of a pre-existing property zoned or used for residential purposes.

(4)

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

(5)

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.

(6)

For purposes of determining required parking, said facilities shall be subject to 102-126(2)(f).

(7)

Petitioner shall file an affidavit with the city affirming compliance with this subsection and all other requirements of the City Code and the act.

(8)

The operation of an adult-use cannabis infuser organization shall be a special use, requiring approval of a special use in the respective districts in which they are requested, and shall be processed in accordance with section 102-236. The following components of the adult-use cannabis infuser organization 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 section 102-126 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 this title XIII, as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 102-236(h).

j.

Compliance with section 102-601 of this chapter.

k.

Any additional information and/or documentation as the city shall deem necessary.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

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

(1)

Facility may not be located within 1000 feet of the property line of a pre-existing primary, intermediate or secondary school.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing church.

(3)

Facility may not be located in a dwelling unit or within 1000 feet of the property line of a pre-existing property zoned or used for residential purposes.

(4)

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

(5)

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.

(6)

For purposes of determining required parking, said facilities shall be subject to the requirements of section 102-126(2)(f).

(7)

Petitioner shall file an affidavit with the city affirming compliance with this subsection and all other requirements of the City Code and the act.

(8)

The operation of an adult-use cannabis processor organization shall be a special use, requiring approval of a special use in the respective districts in which they are requested, and shall be processed in accordance with section 102-236. The following components of the adult-use cannabis processor organization 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 section 102-126 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 this title XIII, as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 102-236(h).

j.

Compliance with section 102-601 of this chapter.

k.

Any additional information and/or documentation as the city shall deem necessary.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

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

(1)

Facility may not be located within 1000 feet of the property line of a pre-existing primary, intermediate or secondary school.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing church.

(3)

Facility may not be located in a dwelling unit or within 1000 feet of the property line of a pre-existing property zoned or used for residential purposes.

(4)

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

(5)

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.

(6)

For purposes of determining required parking, said facilities shall be subject to the requirements of section 102-126(2)(j).

(7)

Petitioner shall file an affidavit with the city affirming compliance with this subsection and all other requirements of the City Code and the act.

(8)

The operation of an adult-use cannabis transporting organization shall be a special use, requiring approval of a special use in the respective districts in which they are requested, and shall be processed in accordance with section 102-236. The following components of the adult-use cannabis transporting 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:

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 section 102-126 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 this title XIII, as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 102-236(h).

j.

Compliance with section 102-601 of this chapter.

k.

Any additional information and/or documentation as the city shall deem necessary.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

In those zoning districts in which facilities allowing on-site consumption may be located, the proposed facility must comply with the following:

(1)

Facility may not be located within 1000 feet of the property line of a pre-existing primary, intermediate or secondary school.

(2)

Facility may not be located within 250 feet of the property line of a pre-existing church.

(3)

Facility may not be located in a dwelling unit or within 50 feet of the property line of a pre-existing property zoned or used for residential purposes.

(4)

For purposes of determining required parking, said facilities shall be subject to the requirements of section 102-126(2)(e), or 102-126(g) in the event the facility is located in a hospital district, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through section 102-236.

(5)

Petitioner shall file an affidavit with the city affirming compliance with this subsection and all other requirements of the City Code, the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.) and the act.

(6)

The operation of a facility allowing on-site consumption of cannabis shall be a special use, requiring approval of a special use in the respective districts in which they are requested, and shall be processed in accordance with section 102-236. The following components of the adult-use cannabis dispensing organization 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 section 102-126 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 this title XIII, as applicable.

i.

Other criteria determined to be necessary to assess compliance with section 102-236(h).

j.

Compliance with section 102-601 of this chapter.

k.

Any additional information and/or documentation as the city shall deem necessary.

In the case of a facility located in a hospital district allowing on-site consumption of cannabis, such consumption shall be limited to consumption by registered qualifying patients as that term is defined in the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.). Notwithstanding the foregoing, smoking of cannabis shall be prohibited in health care facilities, as that term is defined in the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).

Pursuant to section 55-25(3) of the act, a cannabis business establishment or other entity allowing on-site consumption shall not be deemed a public place within the meaning of the Smoke Free Illinois Act.

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

The city may require additional building enhancements for applicants seeking to operate an adult-use cannabis business establishment within the city. Petitioner shall install the building enhancements, such as security cameras, lighting or other improvements, as preconditions 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. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

No building or premises improved or unimproved shall be used, and no building shall be hereafter erected, converted, enlarged, reconstructed, or structurally altered for an adult-use cannabis business establishment, except as is provided in the following table:

NP = Not Permitted, P/SU = Permitted with Special Use, P/SU* = Permitted with Special Use & Dispensary

(Ord. No. 19-O-51, § I, 11-19-19; Ord. No. 19-O-52, § 2, 11-19-19)

(Ord. No. 19-O-51, § I, 11-19-19)