City of Maroa, IL
Macon County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Added 2-24-2020 by Ord. No. 2020/02/24-3]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT
An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER
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
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
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
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
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
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.
DAY-CARE HOME
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.
(9) 
Other criteria determined to be necessary to assess compliance with § 290-10.13, Special uses, of this chapter.
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)]
E. 
The petitioner shall file an affidavit with the City affirming compliance with § 290-10.13, Special uses, as provided herein and all other requirements of the Act.
[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)]
E. 
The petitioner shall file an affidavit with the City affirming compliance with § 290-10.13 of this chapter and all other requirements of the Act.
[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)]
G. 
The petitioner shall file an affidavit with the City affirming compliance with § 290-10.13, Special uses, as provided herein and all other requirements of the Act.
[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)]
E. 
The petitioner shall file an affidavit with the City affirming compliance with § 290-10.13, Special uses, as provided herein and all other requirements of the Act.
[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)]
E. 
The petitioner shall file an affidavit with the City affirming compliance with § 290-10.13, Special uses, as provided herein and all other requirements of the Act.
[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)]
E. 
The petitioner shall file an affidavit with the City affirming compliance with § 290-10.13, Special uses, as provided herein and all other requirements of the Act.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: The adult-use cannabis special uses originally included as Art. 12, Sec. 3, of Ord. No. 2020/02/24-3, and which followed these provisions, have been included in the district special uses in Art. V of this chapter.