A. 
Certain uses cannot be allowable generally in a particular zoning district, or in any zoning district, because of the impact their special character creates on surrounding areas.
B. 
Some such uses may, however, be allowed under special conditions. These uses are provided for in this article as conditional uses.
C. 
Because a conditional use is compatible with the applicable zoning district only under special conditions, a conditional use permit is required before any use authorized herein as a conditional use may be established.
D. 
Except as specifically provided herein, all regulations of the applicable zoning district, and all other applicable regulations of this chapter and other Village ordinances, shall apply to conditional uses.
Conditional uses shall be approved only in conformance with the approval process provided in § 156-27 and the approval criteria in Table 24.[1]
[1]
Editor's Note: Table 24 is included as an attachment to this chapter.
A. 
Conditional uses as provided herein shall be considered the same as special uses provided under state statute. Lawful special uses granted to a property prior to the effective date of this chapter shall be considered lawful conditional uses without the need for approval of a conditional use permit hereunder, whether or not such special use is authorized as a conditional use in the applicable zoning district herein. Where such a use is a permitted use in the applicable district, conditional use status shall not be applicable.
B. 
Any expansion of, addition to, or structural alteration of such a use shall, however, require the approval of a conditional use permit.
[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.
(2) 
Lot size.
(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.
(6) 
Appearance.
(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;
(4) 
An odor control plan;
(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.
(3) 
A traffic study.
(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.
(9) 
RB Residential-Business.
(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.
(17) 
A Agricultural 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.[1]
[1]
Editor's Note: Table 13 is included as an attachment to this chapter.
(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.
(9) 
RB Residential-Business.
(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.
(17) 
A Agricultural 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.[2]
[2]
Editor's Note: Table 13 is included as an attachment to this chapter.
(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.