Conditional uses shall be approved only in conformance with the approval process provided in §
156-27 and the approval criteria in Table 24.
[Amended 6-12-1989 by Ord. No. 89-05]
A. In evaluating the suitability of a proposed conditional use, the
Zoning Board and Village Board shall examine the following characteristics
of the proposed use and its individual structures or components:
(1)
Location and orientation.
(3)
Size of facility, including floor area, structure height, design
capacity, and anticipated employment.
(4)
Site design and arrangement.
(5)
Provisions affecting on- and off-site pedestrian and traffic
movement, vehicle storage, and the passage of emergency vehicles.
(7)
Screening or landscaping.
(8)
On- or off-site buffering from incompatible uses with open spaces
or transitional uses.
(9)
Operations factors, such as hours of use or environmental controls.
(10)
Other characteristics of the proposed used pertinent, in the
judgment of the Zoning Board or Village Board, to an assessment of
the impact of the use on the area.
B. The Zoning Board or the Village Board may call upon technical experts
or have studies performed to determine specific development standards
or conditions for any particular conditional use, with the expense
thereof to be paid by the applicant.
[Amended 7-27-2016 by Ord. No. 16-16]
The Building and Zoning Official shall issue a conditional use
permit after approval thereof by the Village Board unless the Village
Board directs otherwise. Such permit shall specify any conditions,
restrictions, and time limits to which the Village Board has made
its approval subject.
A conditional use permit may be revoked by the Village Board
if:
A. Any conditions or restrictions are not complied with within the time
limit specified on the permit.
B. After they are initially complied with, compliance with such conditions
or restrictions is not maintained at any time.
C. The conditional use is not established, or a required building permit
is not obtained and building started, within one year of the date
the permit is issued.
D. The conditional use shall cease for more than one year.
Any expansion, enlargement, or structural alteration of a conditional
use shall require an additional conditional use permit.
[Added 12-11-2019 by Ord. No. 19-46]
A. In addition to the requirements set forth in the remainder of Article
XI (Conditional Uses) relating to applications for a conditional use permit, an applicant for conditional use approval of a recreational cannabis business establishment must submit all of the following information and documentation in its application for a conditional use permit for evaluation:
(1) A
complete copy of all applications and plans submitted for required
state licenses;
(2) Satisfactory
proof that all required state licenses have been approved;
(3) Proposed
hours of operation;
(5) A
security plan describing how the recreational cannabis business establishment
will provide security for its customers and employees;
(6) An
inventory control plan to prevent diversion, theft or loss of cannabis
on premises and during delivery;
(7) A
floor plan detailing the location, layout, floor area, name and function
of each room, including, without limitation, restricted or limited
access areas;
(8) A
plan for the recycling and destruction of cannabis waste;
(9) A map of the surrounding area depicting that no part of the property on which the recreational cannabis business establishment will be located is within a prohibited distance from the property line of an existing public or private nursery school, preschool, elementary school, secondary school or other educational institution as defined in §
156-3 of the Village Code, day-care center, day-care home, group day-care home, part-day child-care facility, residential care home, philanthropic and charitable institution as defined in §
156-3 of the Village Code, recreational institution as defined in §
156-3 of the Village Code, religious institution as defined in §
156-3 of the Village Code, public park, or property zoned or used for residential purposes; or within a prohibited distance from any zoning district enumerated in Subsection
C;
(10) A site plan detailing that the location is sufficient in size, utility
infrastructure, including power allocation and lighting, parking,
product handling and storage; and
(11) An affidavit attesting that the proposed recreational cannabis business
is in full compliance with, and shall, at all relevant times, remain
in compliance with the Cannabis Regulation and Tax Act and administrative
rules promulgated thereunder, as amended.
B. Medical cannabis dispensary. In addition to the requirements set forth in the remainder of Article
XI (Conditional Uses) relating to applications for a conditional use permit, an applicant for conditional use approval of a medical cannabis dispensary must submit all of the information and documentation described in §
156-237A of the Village Code in its application for a conditional use permit for evaluation (the required area map should be modified to reflect the distance restrictions pertaining to medical cannabis dispensaries), plus the following additional information and documentation:
(1) An
affidavit attesting that the proposed medical cannabis dispensary
is in full compliance with, and shall, at all relevant times, remain
in compliance with the Compassionate Use of Medical Cannabis Program
Act and administrative rules promulgated thereunder, as amended.
(2) A
description of any additional training and education that will be
provided to the proposed medical cannabis dispensary agents.
(4) Data
projecting the anticipated vehicle parking demand generated by the
proposed facility, including, without limitation, the number of available
parking spaces and the peak number of employees at the facility at
any one time.
C. Recreational cannabis business establishment location restrictions. Recreational cannabis business establishments must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing, registration, security and minimum distance requirements. When such state regulations are amended, such regulations shall control over this section. In addition to any minimum distance requirements established by state law, recreational cannabis business establishments must maintain minimum spacing of 1,500 feet (measured property line to property line) from the property line of a preexisting public or private nursery school, preschool, elementary school, secondary school or other educational institution as defined in §
156-3 of the Village Code, day-care center, day-care home, group day-care home, part-day child-care facility, residential care home, philanthropic and charitable institution as defined in §
156-3 of the Village Code, recreational institution as defined in §
156-3 of the Village Code, religious institution as defined in §
156-3 of the Village Code, public park, or property zoned or used for residential purposes. In addition, a recreational cannabis business establishment may not be located within 800 feet of the property line of a property zoned in the following zoning districts:
(1) RS-1
Low-Density Single-Family Residential District.
(2) RS-2
Medium-Density Single-Family Residential District.
(3) RS-3
Medium-High-Density Single-Family Residential District.
(4) RA-1
Attached Residential District.
(5) RA-2
Attached Residential District 2.
(6) RM-1
Low-Density Multifamily Residential District.
(7) RM-2
High-Density Multifamily Residential District.
(8) RM-3
High-Density Multifamily Mobile Home.
(10) C-1 Convenience Commercial District.
(11) C-2 Neighborhood Commercial District.
(12) C-3 Community Commercial District.
(13) C-4 Downtown Commercial District.
(14) C-5 Highway Commercial District.
(15) O-1 Local Office District.
(16) O-2 Office Park District.
(18) AR Agricultural-Residential District.
D. Additional
recreational cannabis business regulations. In addition to all other
required conditional use conditions, recreational cannabis businesses
must comply with the following conditions:
(1) At
all times, a recreational cannabis business shall be in full compliance
with the Cannabis Regulation and Tax Act and administrative rules
promulgated thereunder, as amended.
(2) The
development, use, operation, and maintenance of the cannabis business
establishment will be in substantial compliance with all application
documents and plans, except for minor changes and site work approved
by the Zoning Administrator in accordance with all applicable Village
rules, regulations, and ordinances.
(3) All
parking lots and service areas serving recreational cannabis businesses
shall be lit in such a manner and during such hours as may be deemed
necessary by the Village to protect employees and visitors.
(4) Emergency
vehicles, including, without limitation, police vehicles, shall at
all times have unobstructed access to all sides of a structure containing
a recreational cannabis business.
(5) In
addition to all state-imposed security requirements, the Village may
require a recreational cannabis business establishment to provide
sufficient additional safeguards in response to any special security
concerns.
(6) All
recreational cannabis business establishments must comply with all
state, county, and Village regulations governing cannabis waste.
(7) Unless
otherwise prescribed by state law, the Board of Trustees may impose
hours of operation for a recreational cannabis business establishment
as a condition of any zoning certificate to reduce conflicts with
surrounding land uses.
(8) Recreational
cannabis business establishments may not have a drive-through service.
(9) No
recreational cannabis business establishment may allow the smoking,
inhalation, or consumption of cannabis on the property or parking
area in any form. A sign, at least 8.5 inches by 11 inches, shall
be posted inside the cannabis business establishment in a conspicuous
place and visible to patrons and shall include the following language:
"Smoking, eating, drinking or other forms of consumption of cannabis
products is prohibited on the premises of this establishment."
(10) Recreational cannabis business establishments shall be subject to
random and unannounced inspections by local law enforcement and inspections
when reasonable cause to believe a violation of a Village ordinance
exists,
(11) A recreational cannabis business establishment shall be deemed to
be an industrial manufacturing, research, or testing facility use
for the limited purpose of establishing the minimum number of off-street
parking spaces as set forth in Table 13 of the Village Zoning Code.
(12) A recreational cannabis business establishment may only be permitted
as a principal use and shall not be authorized as an accessory or
temporary use.
(13) The maximum number of recreational cannabis business establishments
or any particular type(s) of recreational cannabis business establishments
allowed to operate within the Village may be established by ordinance
duly adopted by the Board of Trustees.
E. Medical cannabis dispensaries must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing, registration and security requirements and location requirements, including without limitation: i) minimum spacing of 1,000 feet from a property line of a preexisting public or private preschool or elementary or secondary school or day-care center, day-care home, group day-care home, or part-day child-care facility; and cannot be located ii) in a home, apartment, or condominium; iii) on a property zoned for residential use; and iv) in an office space with a physician. In addition to any minimum distance requirements established by state law, medical cannabis dispensaries must maintain minimum spacing of 1,000 feet (measured property line to property line) from the property line of other incompatible, preexisting land uses as follows: an educational institution as defined in §
156-3 of the Village Code, residential care home, philanthropic and charitable institution as defined in §
156-3 of the Village Code, recreational institution as defined in § 156- 3 of the Village Code, religious institution as defined in §
156-3 of the Village Code, public park, or property zoned or used for residential purposes. In addition to the foregoing, a medical cannabis dispensary may not be located within 800 feet from the property line of a property zoned in the following zoning districts:
(1) RS-1
Low-Density Single -Family Residential District.
(2) RS-2
Medium-Density Single-Family Residential District.
(3) RS-3
Medium-High-Density Single-Family Residential District.
(4) RA-1
Attached Residential District.
(5) RA-2
Attached Residential District 2.
(6) RM-1
Low-Density Multifamily Residential District.
(7) RM-2
High-Density Multifamily Residential District.
(8) RM-3
High-Density Multifamily Mobile Home.
(10) C-1 Convenience Commercial District.
(11) C-2 Neighborhood Commercial District.
(12) C-3 Community Commercial District.
(13) C-4 Downtown Commercial District.
(14) C-5 Highway Commercial District.
(15) O-1 Local Office District.
(16) O-2 Office Park District.
(18) AR Agricultural -Residential District.
F. Additional
medical cannabis dispensary regulations. In addition to all other
required conditional use conditions, medical cannabis dispensaries
must comply with the following conditions:
(1) At
all times, a medical cannabis dispensary shall be in full compliance
with the Compassionate Use of Medical Cannabis Program Act and administrative
rules promulgated thereunder, as amended from time to time.
(2) The
development, use, operation, and maintenance of the medical cannabis
dispensary shall be in substantial compliance with all application
documents and plans, except for minor changes and site work as may
be approved by the Zoning Administrator in accordance with all applicable
Village rules, regulations, and ordinances.
(3) All
parking lots and service areas serving medical cannabis dispensaries
shall be lit in such a manner and during such hours as may be deemed
necessary by the Village to protect employees, customers, and visitors.
(4) Emergency
vehicles, including, without limitation, police vehicles, shall at
all times have unobstructed access to all sides of a structure containing
a medical cannabis dispensary.
(5) Drive-through
medical cannabis dispensaries are prohibited.
(6) Medical
cannabis, medical cannabis infused products, medical cannabis paraphernalia,
or similar products shall not be displayed for public view from the
exterior of the medical cannabis dispensary.
(7) Consumption
of cannabis in any form, including, without limitation, smoking, inhalation,
or consumption, on the property or parking area of a medical cannabis
dispensary is prohibited. A sign, at least 8.5 inches by 11 inches,
shall be posted inside the cannabis business establishment in a conspicuous
place and visible to patrons and shall include the following language:
"Smoking, eating, drinking, or other forms of consumption of cannabis
products are prohibited on the premises of this establishment."
(8) Medical
cannabis dispensaries shall be subject to random and unannounced inspections
by local law enforcement and inspections when reasonable cause to
believe a violation of a Village ordinance exists.
(9) Unless
otherwise prescribed by state law, the Board of Trustees may impose
hours of operation for a medical cannabis dispensary as a condition
of any zoning certificate to reduce conflicts with surrounding land
uses.
(10) A current, valid copy of the medical cannabis dispensary organization's
registration with the Department of Financial and Professional Regulation
shall be submitted to the Coal City Police Department at all times.
(11) Notwithstanding any other Village Code provision to the contrary,
the sale of paraphernalia that is directly used for the consumption
of medical cannabis in a medical cannabis dispensary shall be permitted.
The sale of any paraphernalia not directly required for the consumption
of medical cannabis in a medical cannabis dispensary is prohibited.
(12) All trash containers shall be located entirely within the interior
of the primary structure to prevent uncontrolled access from the building's
exterior, except for routine disposal of trash containers.
(13) A medical cannabis dispensary shall be deemed to be a medical clinic
use for the limited purpose of establishing the minimum number of
off-street parking spaces as set forth in Table 13 of the Village
Zoning Code.
(14) A medical cannabis dispensary may only be permitted as a principal
use and shall not be authorized as an accessory or temporary use.
(15) The maximum number of medical cannabis dispensaries allowed to operate
within the Village may be established by ordinance duly adopted by
the Board of Trustees.