[Added 2-24-2020 by Ord.
No. 2020/02/24-3]
As used in this chapter, the following terms shall have the
meanings indicated:
An adult-use cannabis cultivation center, craft grower, processing
organization, infuser organization, dispensing organization or transporting
organization.
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.
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.
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.
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.
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.
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.
Family homes which receive more than three children and up
to a maximum of 12 children for fewer than 24 hours per day. The number
counted includes the family's natural or adopted children and all
other persons under the age of 12. The term does not include facilities
which receive only children from a single household.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Purpose
and applicability. 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 of Maroa. Such facilities shall comply with all regulations provided
in the Cannabis Regulation and Tax Act (P.A. 101-0027) (the "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.
B.
Conditional use. Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a special use permit in the respective districts in which they are requested shall be processed in accordance with § 290-10.13, Special uses, of this chapter and Subsection C, Adult-use cannabis facility components, as provided herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Adult-use cannabis facility components. In determining compliance with § 290-10.13, Special uses, of this chapter, 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 multitenant 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 section 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 § 290-12.3, Adult-use cannabis craft growers; § 290-12.4, Adult-use cannabis cultivation centers; § 290-12.5, Adult-use cannabis dispensing organizations; § 290-12.6, Adult-use cannabis infuser organizations; § 290-12.7, Adult-use cannabis processing organizations; or § 290-12.8, Adult-use cannabis transporting organizations, as applicable.
D.
Additional
requirements. A 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.
E.
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 this Chapter 290. In a co-location, the floor space requirements of § 290-12.5C and § 290-12.6C shall not apply, but the co-located establishments shall be the sole use of the tenant space.
In those zoning districts in which an adult-use cannabis craft
grower may be located, the proposed facility must comply with the
following:
A.
The
facility may not be located within 1,500 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.
B.
The
facility may not be located within 1,500 feet of the property line
of a preexisting property zoned or used for residential purposes.
C.
The
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 craft growers shall be classified as "light industrial" per Article VII, Off-Street Parking and Loading, of this chapter; provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 290-10.13, Special uses, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In those zoning districts in which an adult-use cannabis cultivation
center may be located, the proposed facility must comply with the
following:
A.
The
facility may not be located within 1,500 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.
B.
The
facility may not be located within 1,500 feet of the property line
of a preexisting property zoned or used for residential purposes.
C.
The
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 cultivation centers shall be classified as "light industrial" per Article VII, Off-Street Parking and Loading, of this chapter; provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 290-10.13, Special uses, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In those zoning districts in which an adult-use cannabis dispensing
organization may be located, the proposed facility must comply with
the following:
A.
The
facility may not be located within 1,500 feet of the property 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.
B.
The
facility may not be located in a dwelling unit or within 250 feet
of the property line of a preexisting property zoned or used for residential
purposes.
C.
At least 75% 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 Subsection E below in the same tenant space.
D.
The
facility may not conduct any sales or distribution of cannabis other
than as authorized by the Act.
E.
The facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by § 290-12.2D, Additional requirements, shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in Article X of this chapter.
F.
For purposes of determining required parking, said facilities shall be classified as "retail and service use" per Article VII, Off-Street Parking and Loading, of this chapter; provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 290-10.13, Special uses, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In those zoning districts in which an adult-use cannabis infuser
organization may be located, the proposed facility must comply with
the following:
A.
The
facility may not be located within 1,500 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.
B.
The
facility may not be located in a dwelling unit or within 250 feet
of the property line of a preexisting property zoned or used for residential
purposes.
C.
At least
75% 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. The 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 "retail and service use" per Article VII, Off-Street Parking and Loading, of this chapter; provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 290-10.13, Special uses, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In those zoning districts in which an adult-use cannabis processing
organization may be located, the proposed facility must comply with
the following:
A.
The
facility may not be located within 1,500 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.
B.
The
facility may not be located in a dwelling unit or within 250 feet
of the property line of a preexisting property zoned or used for residential
purposes.
C.
At least
75% 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. The 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 "light industrial" per Article VII, Off-Street Parking and Loading, of this chapter; provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 290-10.13, Special uses, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In those zoning districts in which an adult-use cannabis transporting
organization may be located, the proposed facility must comply with
the following:
A.
The
facility may not be located within 1,500 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.
B.
The
facility may not be located in a dwelling unit or within 250 feet
of the property line of a preexisting property zoned or used for residential
purposes.
C.
The
transporting organization shall be the sole use of the tenant space
in which it is located. The 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 "light industrial" per Article VII, Off-Street Parking and Loading, of this chapter; provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 290-10.13, Special uses, of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
