EXHIBIT A

AMENDMENTS TO ST. CLAIR COUNTY ZONING CODE CH. 40

REGARDING ADULT-USE CANNABIS REGULATIONS

ZONING DISTRICTS WHERE ADUL CANNABIS

BUSINESS ESTABLISHMENTS WILL BE PERMITTED AS A
USE.
* * -lICHANGES NOTED IN BOLD AND rrAUCS* * *
*"'DELETIONS NOTED BY STRIKETHROUGH**

ARTICLE IV

USES PERMITTED BY ZONING DISTRICT

DIVISION I - - "A" AGRICULruRAL INDUSTRY n"'~'Tb'''if''''T'

SPECIAL USE PERMITS. All uses subject to the

of Article XI Division V. All Special Use Permit applications require that a Land
and Assessment be conducted for the site prior to holding a
of the hearing record.

****
.. Medical Cannabis Cultivation Center! subject to the
1Ir£;>rnon.n:;: of 40-5-29. (Ord. 14-1097; 05-27-14)

.. Adult-Use Cannabis Craft Grower, subject to the applicable provisions

and requirements ofSection 40-5-31.
.. Adult-Use Cannabis Cultivation Center, subject to
provisions and requirements ofSection 40-5-31.

DIVISION IX - "HB" - HIGHWAY BUSINESS DISTRICT

40-4-47 All uses subject to the applicable

provISions Article XI Division V. Applications for Special Use Permits may be granted only
for the following uses except as provided in Article IX Section 40-9-3(H). (Ord. No. 95­
12; U;JI-''':»U'"::1I

****

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 EXHIBIT A

..

(II Medical Cannabis Dispensary, subject to the applicable provisions

and requirements ofSection 40-5-29.
(II Adult-Use Cannabis Dispensing Organization, subject to the
applicable provisions and requirements ofSection 40-5-31.

DIVISION X - "B-1" - RETAIL AND SERVICE BUSINESS DISTRICT

40-4-54 All uses subject to applicable

provisions of Article XI Division V. Applications for Special Permits may granted only
for following uses as provided in Article IX Section 40-9-3(H). (Ord. No. 95­
12; 05-30-95)

****

requirements of Section 10 5 29.

• Medical Cannabis Dispensary, to the applicable provisions and
requirements of Section 40-5-29. (Ord. 14-1097; 05-27-14)
Adult-Use Cannabis Dispensing Organization, to the
applicable provisions and requirements ofSection 40-5-31.

DIVISION XI - - GENERAL BUSINESS DISTRICT

40-4-61 .'iil!:.~!f1!~!ii!E...!:..!:.!.Y:!!..!.~ All uses subject to the applicable

of Article XI Division V. Applications Special Use may be only
for the following uses except as provided in IX Section 40-9-3(H). (Ord. No.
12; 05-30-95)

****
• Medical Cultivation subject to applicable and
requirements of 40-5-29. (Ord. 14-1097; 05-27-14)
Medical Cannabis Dispensaryt to the applicable provisions and
requirements of (Ord. 14-1097; 05-27-14)
• Adult-Use Cannabis Dispensing Organization, subject to the
applicable provisions andrequirements ofSection 40-5-31.
Adult-Use Cannabis Infuser Organization or Infuser, subject to the
applicable provisions and requirements ofSection 40-5-31.
• Adult-Use Cannabis Processing Organization or Processor, subject
to the applicable provisions andrequirements ofSection 40-5-31.

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 EXHIBIT A

Adult-Use Transporting Organization or Transporter,

subject to the applicable provisions andrequirements 40­
5-31.

DIVISION XII - "1-1" - RESEARCH AND ASSEMBLY INDUSTRIAL DISTRICT

40-4-68 SPECIAL USE PERMITS. All uses subject to the applicable

Article V. Applications for Use Permits may granted only
for following uses exc:eot as provided in Article IX 40-9-3(H). (Ord. No. 95­
12; 05-30-95)

****
• Medical Dispensary, to the applicable proVIsions and
requirements of Section 40-5-29. (Ord. 14-1091; 05-21-14)
Medical Cultivation Center; subject to applicable
provisions and requirements ofSection 40-5-29.
• Solar Farm Systems (SFESs) Section 40-5-30(Ord. No 18­
1181; 04-30-18)
Adult-Use Cannabis Craft Grower, subject to the applicable

provisions and requirements ofSection 40-5-31.

Adult-Use cannabis Cultivation Center, subject the applicable

provisions and requirements ofSection 40-5-31.

Adult-Use Cannabis Dispensing Organization, subject to the

applicable provisions and requirements ofSection 40-5-31.

• Adult-Use Cannabis Infuser Organization or Infuser, subject to the

applicable provisions and requirements ofSection 40-5-31.
Adult-Use Cannabis Processing Organization or subject
to the applicable provisions and requirements ofSection 40-5-31.
Adult-Use Cannabis Transporting Organization or Transporter,
suJ.)iel.':tto the applicable provisions andrequirements ofSection 40­

DIVISION XIII - "1-2" - INDUSTRIAL DISTRICT

40-4-16 All uses to the

provisions of Article Use Permit applications require that a
Evaluation and Assessment (LESA) conducted for the unless a written waiver for
LESA, reason therefore, is by the Zoning Administrator.
shall be obtained prior the public shall be hearing record.

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 EXHIBIT A

Applications for Special Permits may be granted only for the following uses
except as provided in Article IX ....orM",.. 40-9-3(H). (Ord. No. 95-12; 05-30-95)

****
• Cannabis Cultivation subject to the applicable provisions
requirements of Section 40-5-29. (Ord. 14-1097; 05-27-14)
• Medical Cannabis Dispensary, subject to the applicable provisions and
requirements of Section (Ord. 14-1097; 05-27-14)
• Adult-Use Cannabis Craft Grower, subject to the applicable provisions
and requirements ofSection 40-5-31.
• Adult-Use Cannabis Cultivation Center, subject to applicable
provisions and requirements ofSection 40-5-31.
• Adult-Use Cannabis Dispensing Organization, subject to the applicable
provisions and requirements ofSection 40-5-31.
• Adult-Use Cannabis Infuser Organization or Infuser, subject to the
applicable provisions andrequirements ofSection 40-5-31.
• Adult-Use Cannabis Processing Organization or Processor, subject to
the applicable provisions and requirements ofSection 40-5-31.
• Adult-Use Cannabis Transporting Organization or Transporter, subject
to the applicable provisions and requirements ofSection 40-5-31•

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 11 • • • • • • • • • • • • • • • • • • •

IL NEW SUPPLEMENTARY REGULATIONS APPLICABLE TO

ADUL T-USE CANNABIS BUSINESS ESTABLISHMENTS.

ARTICLE V

SUPPLEMENTARY USE, AREA AND BULK REGULATIONS

****
ENTIREL Y NEW SECTION TO ARTICLE V

The
Business

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 EXHIBIT A

(A)

1. Cannabis is illegal under the Federal Controlled Act (21

U.S.c. Section seq.). and local regulations do not federal
law. Persons businesses involved in the cultivation, growing, production,
infusing, transporting, dispensing, sales and possession of
could still subject to prosecution under federal law. Local zoning and other
regulations are not a against a violation of federal law.

2. purpose of this Section of the Clair County

."'''',."'.,,. 40) is to provide a uniform comprehensive of standards
location and development of facilities intended for the production and distribution
of adult-use cannabis as provided in the Illinois Cannabis Regulation and Tax Act
(P.A.l01-0027) (410 ILCS -1, etseq.). intent of regulations is to
protect the public health, safety and community welfare of St. Clair County citizens
while allowing the development of Adult-Use Cannabis Business Establishments in
with law and st. County/s Ordinances/Code. Nothing in this
or the st. County Zoning shall be construed as an authorization
to circumvent or violate or federallaw, as permission any persons or entity
to violate law, or to supersede any legislation prohibiting uses subject
to this Section.

This of the St. County Zoning (Chapter 40) shall

apply to those Adult-Use Cannabis Business Establishments are permitted and
licensed pursuant to the Illinois Cannabis Regulation and Tax (P.A. 101-0027)
(410 ILCS et seq.) any amendments thereto.

4. All policies l procedures l standards Chapter

40, XI, Division V (Special Use County Zoning
shall apply, except as otherwise noted in Section, to all Petitions for a ........,\.."-,....
Use Permit for an Adult-Use Cannabis Business Establishments.

5. Any of on-site cannabis consumption (including but limited

to absorbing, drinking, eating, ingesting or smoking) establishments are
strictly prohibited.

(B) Definitions.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use

cultivation craft grower, processing infuser organization,
organization or transporting organization.

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ADULT-USE CANNABIS CRAFT GROWER: A facility by an

organization or that is licensed by the Illinois Department of Agriculture to
cultivate, dry, cure and package cannabis and perform other to
cannabis available for sale at a dispensing organization or use a processing
organization, per Cannabis Regulation 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 is by Illinois Department of Agriculture to
cultivate, process, transport and perform activities provide cannabis and
cannabis-infused products to licensed cannabis business per the
Cannabis Regulation Tax Act, (P.A. as it may be from
time, and regulations promulgated thereunder.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated

by an organization or business that is by the Illinois Department of Financial and
Professional to acquire from licensed cannabis business
establishments for purpose of cannabis-infused
products, cannabis paraphernalia or or to qualified
registered medical patients and Regulation and
Tax Act, (P.A. 101-0027), as it may be regulations
promulgated thereunder.

ADULT-USE CANNABIS INfUSER ORGANIZATION OR INfUSER: A facility

operated by an or business that is licensed by the Illinois Department of
Agriculture incorporate or cannabis concentrate into a product
formulation to produce a cannabis-infused per the Cannabis Regulation and Tax
Act, (P.A. 101-0027), as it may be 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 by the Illinois
Department of to either constituent chemicals or compounds to
produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a
product formulation produce a cannabis product, per the Cannabis Regulation and Tax
Act, (P.A. 101-0027), as it may from time-to-time, and regulations
promulgated

ADULT-USE CANNABIS "rRANSPORTING ORGANIZATION OR

TRANSPOR"rER: An organization or that is licensed by Department
of Agriculture to transport cannabis on behalf a cannabis blishment or a
community college licensed under the Community College Cannabis Vocational Training
Pilot Program, per Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be
amended and regulations promulgated thereunder.

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AREA ZONED OR USED FOR RESIDENTIAL PURPOSE:

31 SR-1 1 SR-2 1 SR-3 1 SR-MH, MHP, MR-1,

MR-2 zoning districts,

districts in adjacent jurisdictions.

All other definitions forth in Article II this Code (Section 40-2-2) shall apply
applicable and to extent they are not inconsistent with the definitions contained
herein or to the are not inconsistent with any defined term in the
Illinois Cannabis and Tax (410 705/1-1 et seq.) or as
amended.

(e)
Business Establishments.

The Zoning Appeals when any type of cannabis

Establishment or Facility in a zoning district, shall consider the
following components Establishment or Facility and such shall be evaluated based
on the entirety of the property in of the
existing and intended future use of the nrl"\nol"'l-ioc

1. of the proposed facility on existing or uses located

within the vicinity of property.
Proposed structure in which
facility will be roccltea
tenancy (if in a multi-tenant building), total square rnnr:;;on,,,,,

installations/security plan and building code compliance.

3. of operation and antiCipated number of and

4. parking and availability in

Parking the Zoning as
identified in this
5. AntiCipated traffic generation in the context of
and access to such roadways.
6. design, including access points and internal circulation,
including but not limited to:
a. Setbacks. demonstrating the Adult-Use
Cannabis Establishment would all requirements
state law setbacks and distances
required in the Cannabis Regulation and Tax Act (P.A.
101-0027) (410 et seq.), required set
backs of the zoning district in which is seeking a
special use permit.
7. Proposed signage plan, to Section 40-5-31(E)(2) below.
8. Proposed lighting of

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 EXHIBIT A

9. Proposed location of video surveillance equipment, and the

location, and nature of any fences or any other barriers
meant to provide security for the
10. Nature and of supervision and security the
11. Compliance with requirements specifically provided for that
particular type of Adult-Use Cannabis Establishment as set
forth in this Section.
Any other determined be necessary by the Zoning
Administrator or the Zoning Board of Appeals as forth in Article
XI, Division V Use Permits) of Chapter 40 Zoning Code.

(D) Requirements for specific Adult-Use Cannabis facilities.

the General Components contained in the nt"Q,rQr1

Zoning Board of when considering a specific type Adult-Use Business
Establishment in a particular zoning consider following requirements for
the specific type of Adult-Use Cannabis Establishment such establishments
shall be evaluated based on the entirety of circumstances the
property in the of the and intended future use of property and the
and intended future use of properties in the general area:

1. Adult-Use Cannabis Craft Grower: In zoning rIlel~",rte in which

an Adult-Use Cannabis Craft Grower may located as a
proposed facility must comply with the following:

a. A facility may not located within 1,500 of the property line of

a pre-existing public or private nursery school, preschool, primary or
secondary school, day care facility/center, day care home,
care home, group day care home, part day child care
community nursing home, clinic or hospital. Learning
and vocational or trade centers/schools shall not be classified
as a public or private school for purposes of this Section.
b. A facility may not be within 1,500 of the property line of
a pre-existing property or used for purposes.
c. A facility may not be located within 1,500 feet of property line of a
pre-existing place of worship, park, or forest
d. otherwise under this or eCho 40)1 the
setlJaCI<s and minimum yard requirements for an Adult-Use Cannabis
Craft Grower facility shall the same as of the zoning district in
which it is Inl"'","arl
e. A facility may not conduct any or distribution of cannabis other
as authorized by the Winois Cannabis Regulation and Tax Act
(410 705/1-1,

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 EXHIBIT A

f. For of determining required parking and loading spaces, an

Adult-Use Cannabis Craft Grower facility be required to have
following parking and loading spaces: (i) Employee one
(1) designated for employee per (ii)
Customer/Visitor one (1) per 300 ft. of floor
and (iii) Loading Spaces: one (1) designated space 1 sq. ft.
10,000 sq. of floor . more 10,000 sq. ft. one (1)
designated plus one (1) additional designated per
50,000 sq. ft. floor area in excess of 10,000 sq. ft. All other
requirements for Off-Street Parking and Loading of Article VI of the
Zoning shall complied with. Notwithstanding
requirements herein, the Zoning Board of Appeals may, at
discretion, require additional parking and loading spaces provided
as a result of analysis through consideration of the
use permit.
Petitioner shall file an affidavit with the County affirming compliance
with Section 40-5-31(E)(6) as provided herein and all other
requirements of the Illinois Cannabis Regulation and Act (410
70S/I-I, seq.).

2. Adult-Use Cannabis Cultivation Center: In zoning districts in

which an Adult-Use Cannabis Cultivation Center be located as a special use
permit, proposed facility must comply with the following:

a. A facility may not be located within 1,500 of the property line of

a public or private school, preschool, primary or
secondary school, day care facility/center, day care home, residential
care home, group day care home, part day child care facility,
community reSidence, nursing home, clinic or hospital. Learning
r",n'!"",,,,,, and vocational or centers/schools shall not classified
as a public or private school for purposes of this Section.
b. A facility may not located within 1,500 feet of property of
a property zoned or for residential purposes.
c. A facility may not be located within 1,500 feet of the property line a
pre-existing of worship, park, or forest preserve.
d. otherwise limited under this Section or Chapter (Ch. 40), the
setbacks minimum yard requirements for an Adult-Use Cannabis
Cultivation Center facility shall be same as that the zoning
in which it is located.
e. A facility may not conduct any sales or distribution of cannabis other
as authorized by the Cannabis Regulation and Tax Act
(410 ILCS 705/1-1, seq.).
f. For of determining required parking and loading an
Adult-Use Cannabis Cultivation Center/facility shall be required to

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following parking and loading (i) Employee spaces:

one (1) designated for every employee per shift; (ii)
Customer/Visitor spaces: one (1) space 300 sq. ft. of floor
and (iii) Loading Spaces: one (1) designated for 1 sq. to
000 sq. of floor area; more than 10,000 ft. one (1)
plus one (1) additional space per
50,000 sq. ft. of floor area in excess of 101 000 sq. All other
requirements for Off-Street Parking and Loading of Article VI of the
Zoning shall complied with. Notwithstanding the
reqUirements herein l the Board of Appeals may,
discretion, require additional parking and loading be provided
as a of its analysis completed through its consideration of the
special use permit.
Petitioner shall file an affidavit with the County affirming compliance
with Section 40-5-31(E)(6) as provided herein and all other
requirements of Illinois Cannabis Regulation Tax Act (410
705/1-1, et

3. Adult-Use Cannabis Dispensing Organization: In

districts in which an Adult-Use Cannabis may
as a use permit, proposed facility must comply with the following:

a. A may not be within feet of property line of

a public or private nursery school, preschool, primary or
secondary schooll day care facility/center, day care home, rCClrlCYlrl

care home, day care home, part day child care

community nursing home, clinic or Learning
and vocational or trade centers/schools shall classified
as a public or private school for purposes of this Section.
b. A facility may not be in a dwelling unit or within 500 of
the property of a property zoned or
residential
c. A facility may not be located within 500 feet of property line of a
pre-existing place of worship, park, or forest preserve.
Unless otherwise limited under this or Chapter (Ch. 40)1 the
setbacks and minimum requirements an Adult-Use Cannabis
Dispensing Organization/facility shall be the same as that of zoning
district in which it is located.
e. At 75% of floor area any tenant occupied by a
dispensing organization shall be devoted to the of the
dispensing organization as authorized by the Illinois Cannabis
Regulation and Tax Act (410 ILCS 705/1 et seq.), and no
dispensing organization shall sell food for consumption on the
premises other such food containing cannabis products as

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authorized by Illinois Cannabis Regulation Act (410 ILCS

705/1-1, et in no event shall food products
consumed on
f. A facility may not conduct any sales or distribution of cannabis other
than as by the Illinois Cannabis Regulation and Tax Act
(410ILCS seq.).
required parking and loading spaces, an
Dispensing facility be required to have
following parking loading spaces: (i) spaces: one (1)
designated for every employee (ii) Customer/Visitor
spaces: one per 300 sq. floor . and (iii)
Spaces: one (1) designated space for 1 ft. to 10,000 sq. ft.
floor . more than 10,000 sq. ft. one (1) designated space,
one (1) additional deSignated space 50,000 sq. ft. of floor area
in excess of 10,000 sq. ft. All other requirements for Off-Street
Parking Loading of Article VI of the Zoning Code shall
complied Notwithstanding the requirements herein, the
Board of may, at its discretion, require additional parking
and loading be provided as a of its analysis completed
through consideration of the use
h. An Cannabis Dispensing Organization/facility
only the hours of 6:00 a.m. 10:00 p.m.
i. Conduct on
i. No person shall in or permit any person to
in an Adult-Use Cannabis Dispensing facility.
ii. Drive-through and vending services shall be prohibited.
regulation shalJ not be varied.
Outdoor seating prohibited. This regulation
shall not be \I;;or.c"
iv. LOitering is prohibited on dispensary property.
j. A facility that displays or sells drug paraphernalia
compliance with the Illinois Drug Paraphernalia Control
600/1 seq.), the Illinois Cannabis Regulation
1, et seq.), and the Business Regulations
and any amendments to

k. with the County affirming compliance

provided herein and all other
requirements of the Regulation Act (410
705/1-1, et seq.).

4. Adult-Use Cannabis Infuser Organization: In districts in

which an Adult-Use Cannabis Infuser may be 11""....".1'"""1"1 as a special use
permit, the proposed facility must comply with the following:

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a. A facility may not be within feet of the property line of

a pre-existing public or nursery school, preschool, primary or
secondary school, day care day care home, residential
care home, group day care home, part day child care facility,
community residence, nursing home, clinic or hospital. Learning
centers and vocational or centers/schools shall not be classified
as a public or private school for purposes of this Section.
b. A facility may not in a dwelling unit or within 1,500 feet
of the property line a pre-existing property zoned or used for
residential
c. A facility not be located within 1,500 feet of the property line of a
worship, park, or forest Preserve.
d. under this Section or Chapter (Ch. 40),
minimum yard requirements for an Adult-Use
be the same as that of the zoning

e. floor area of any tenant space occupied by an

be devoted to the of infusing
'''''::It'inn as authorized by the Illinois Regulation and
et seq.). The facility may conduct
or distribution of cannabis other than as by
Regulation and Tax Act (410 ILCS
f. of determining required parking and loading spa,ces l

Adult-Use Infuser facility shall be required to have

parking loading spaces: 0) Employee
space for every employee per shift; (ii)
one (1) space per 300 sq. ft. of floor area; and (iii)
one (1) deSignated space for 1 sq. ft. to 10,000
floor . more than 10,000 sq. ft. one (1) designated _.... ~.~_,
one (1) additional designated space per 50,000 of floor area
in excess of 10,000 sq. ft. All other requirements for
and Loading of Article VI of the Code shall be
with. Notwithstanding the requirements herein, the Zoning
of Appeals may, at its discretion, require additional parking
loading be provided as a result of analysis completed
consideration of the use
Petitioner shall file an affidavit with the County affirming compliance
with Section 40-S-31(E)(6) as provided and all other
requirements of the Illinois and Tax Act (410
705/1-1, et seq.).

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5. Adult-Use Cannabis Processing Organization: In those zoning

in which an Adult-Use
.".rl".rr". Processing Organization may be located
as a special use permit, proposed facility must comply with the following:

a. A facility may not located within 1,500 of the property line of

a pre-existing public or private nursery school, preschool, primary or
secondary school, day care facility/center, day care home, residential
care home, group day care home, day child care facility,
community nursing home, clinic or hospital. Learning
,.."."r''''",,-r and vocational or trade centers/schools not be
as a public or private school for purposes of this ::>ec[lon
A facility may not be in a dwelling unit or within 1,500
of the property line of a pre-existing property zoned or used for
residential
c. A facility may not located within 1,500 of the property line of a
place of worship, park, or forest preserve.
Unless otherwise limited under this or Chapter (Ch. 40), the
setbacks and minimum yard requirements for an Adult-Use Cannabis
Processing Organization/facility shall be the same as that of zoning
in which it is located.
e. 75% of the floor area of any tenant occupied by a
proceSSing organization shall be devoted to the activities of
processing organization as authorized by the Illinois Cannabis
Regulation and Act (410 ILCS 705/1 seq.). A facility may
not conduct any sales or distribution of cannabis other than as
authorized by the Illinois Cannabis ulation and Act (410
705/1-1, seq.).
f. For purposes of determining required parking and loading spaces, an
Adult-Use Cannabis ProceSSing facility shall be required to have the
following parking and loading (i) Employee one (1)
every employee per shift; (ii) Customer/Visitor
spaces: one (1) space per 300 sq. of floor area; (iii) Loading
Spaces: one (1) designated space for 1 sq. ft. to 10,000 sq. ft. of
floor area; more than 10,000 ft. one (1) deSignated plus
one (1) additional deSignated per 50,000 ft. of floor area
in excess of 10,000 . ft. All other requirements for
Parking and Loading of Article VI of the Zoning Code shall be
complied with. Notwithstanding the requirements the Zoning
Board of Appeals may, discretion, require additional parking
loading provided as a result of analysis completed
through its consideration of the use permit.
g. Petitioner shall file an affidavit with the County affirming compliance
with 40-5-31(E)(6) as provided herein all other

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 EXHIBIT A

requirements of Illinois Cannabis Regulation and Act (410

ILCS 1, et

6. Adult-Use Cannabis Transporting Organization: those zoning

in which an Adult-Use Transporting Organization may located as a
special use permit, the proposed facility comply with the following:

a. A facility not be located within 1,500 of the property line

a pre-existing public or private nursery school, preschool, primary or
secondary school, day care facility/center, day care home, residential
care home, group day care home, day child care facility,
community residence, nursing home, clinic or hospital. Learning
centers and vocational or trade shall not classified
as a public or private school for purposes of this Section.
b. A facility may not be in a dwelling unit or within 500 of
property line of a pre-existing property or used for
residential purposes.
c. A facility may not located within 500 of the property line of a
pre-existing place of worship, park, or forest "'.."","""""
d. Unless otherwise limited under Section or Chapter (Ch. 40), the
setbacks and minimum requirements for an Adult-Use Cannabis
1"::lnC'''IArlrinn Organization/facility shall the same as that of the
zoning district in which it is located.
e. The transporting organization shall be the use of tenant
space in which it is located. A facility may not conduct any or
distribution cannabis other than as authorized by the Illinois
Cannabis Regulation and Act (410 705/1-1/ seq.).
f. For purposes of determining required parking and loading spaces, an
Adult-Use Cannabis Transporting facility be to
the following parking and loading spaces: (i) Employee one
(1) designated space for every employees on the major shift of
the facility, plus 1 space per company vehicle; (ij) Customer/Visitor
at a minimum (3) plus one
additional space every employees on the major shift; and (iii)
Loading Spaces: one (1) designated space for 1 sq. ft. to 20,000 sq.
ft. of floor area and open lot; 20,001 - 50,000 ft. of floor area
open lot two (2) deSignated 50,001 ft. - 90,000 sq.
of floor area and open three (3) spaces; above
90,000 sq. of floor area and open three (3) spaces plus 1
additional space per 50,000 sq. of floor area and open lot in excess
of 90,000 sq. ft. All other requirements for Off-Street Parking and
Loading of Article VI the Zoning Code shall complied with.
Notwithstanding the requirements the Board of
Appeals may, discretion, require additional parking and loading

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provided as a result of its analysis completed through

consideration of the use permit.
g. shall with the County affirming compliance
with as provided and all
requirements of the Illinois Cannabis Regulation and Tax Act (410
705/1-1, et seq.).

(E)

In addition to requirements and conditions forth above, and all applicable

requirements of Illinois Cannabis and Tax Act 0 705/1-1,
and any all subsequent amendments and rules and regulations adopted
Adult-Use Cannabis Business Establishments are subject to the following requirements
conditions:

1. Enhancements/Improvements. Petitioner shall install building

enhancements, such as cameras, or any other
improvements, as may be as a condition use permit, to
ensure the of employees customers of the adult-use cannabis
establishments, as well as its environs. Said improvements shall be rlof""'t"..."\,n",rI
based on specific of the floor plan for an Adult-Use
Business Establishment and on which it is located, consistent with the
requirements Illinois Cannabis Regulation and Act (410 ILCS 705/1 ,
et seq.).

2. Advertising/Signs. All advertisements, advertising, or signs

pertaining to, representing, reflecting, related to, or promoting any
Cannabis Establishment shall comply not only with Article VII (Sign
Regulations) of the St. Clair County Zoning Code but shall also comply with any
and all and regulations contained in the Illinois Cannabis Regulation and Tax
Act (410 705/1-1, To the that any provision contained in
Article (Sign Regulations) is in with a similar rule or regulation
contained in the Illinois Cannabis Regulation Tax Act (410 705/1-1, et
seq.), more restrictive or regulation control.
electronic message boards temporary are not permitted in connection
with any Adult-Use Cannabis Business Establishment.

3. ProhibItion ofalcohol and/or liquor. No Adult-Use Business

shall serve, provide, give away, donate or in any
other manner supply or allow alcoholic beverages in, or upon its
property or facility, except those cannabis that alcohol (Le.,

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 EXHIBIT A

tinctures) and that are approved for sale by the Illinois Cannabis Regulation
and Tax Act (410 705/1-1, et seq.).

4. and access limitations. It shaH be unlawful for any Adult-Use

Cannabis Business Establishment to allow any person who is not least 21
of age on the premises. Any Adult-Use Cannabis Establishment shall not
employ anyone under of 21 Access to an Adult-Use Cannabis Craft
Grower facility or an Adult-Use Cannabis Cultivation shall limited
exclusively to and local state and those specifically authorized
under the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et
and any subsequent amendments.

5. Noxious odors. All Adult-Use Cannabis Establishments shall

in a manner that odor on neighboring
and, if the facility shall ventilated with a system
for odor control that is approved by the Clair County Health Department.

6. Notice and Affirming Statement At time of submission of a

petition special use request) for an Adult-Use Cannabis
Establishment, Petitioner(s) shall submit a signed statement certifying and
affirming that the Petitioner(s) full knowledge of and actual notice that,
notwithstanding state and any by the County of st. Clair,

a. Cannabis is a prohibited I controlled substance under

law;
b. Participation in the Illinois Cannabis Regulation and Tax Act (410
ILCS et seq.) is permitted only to the extent provided by
the strict requirements of Act and subsequent implementing
regulations;
c. Any activity not by the Illinois Cannabis Regulation and
Act (410 ILCS et seq.) and its subsequent implementing
regulations may be a violation of law and may result in the
revocation zoning;
d. Growing, distribution or cannabis in any except
through a federally-approved program, is a violation of
federa I law;
e. Use of Adult-Use may an individual/s ability to r£.>r,;.>"/,,,
federal or licensure in other areas;
f. Use of Adult-Use cannabis, in tandem with other conduct, may be a
violation of or federal law;
g. Participation in Illinois Cannabis Regulation Tax Act (410
et seq.) or approval of zoning by the Clair County
Zoning Board of Appeals St. Clair County does not authorize any
person or entity to violate federal or law and, other than as set

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out in the Illinois Cannabis Regulation and Tax Act (410 IlCS 705/1­
1, et seq.) does not provide any immunity from or affirmative
defense to arrest or prosecution under federal or state law; and
h. Petitioner(s) for the zoning of the Adult-Use Cannabis Business
Establishment by the County of st. Clair shall indemnify, hold
harmless, and defend the County of St. Clair, including but not
limited to its Zoning Administrator, Zoning Board of Appeals and its
individual members, Zoning Attorney, County Board IVlembers,
employees, agents, and elected and appointed officials for any and
all civil or criminal penalties resulting from the partiCipation in the
Illinois Cannabis Regulation and Tax Act (410 IlCS 705/1-1, et seq.)
and St. Clair County's zoning; and Petitioner(s) further agrees to and
accepts to indemnify, hold harmless, and defend the County of st.
Clair, including but not limited to its Zoning Administrator, Zoning
Board of Appeals and its individual members, Zoning Attorney,
County Board Members, employees, agents, and elected and
appointed officials for any and all liability for Petitioner(s) Adult-Use
Cannabis Business Establishment, and Petitioner(s) employees,
customers, customer's employer or employees, family members or
guests, for any and all damage, injury, including death, accident,
loss, compensation or claim, based on, arising out of (directly or
indirectly), or resulting from the property for which the
zoning/special use requested is being used pursuant to the Illinois
Cannabis Regulation and Tax Act (410 IlCS 705/1-1, et seq.),
including but not limited to, the following: arrest, seizure of persons
or property, prosecution pursuant to federal or state laws, any fire,
injury, death, robbery, theft, mysterious disappearance or any other
casualty; or the action of any other person or entity. This provision
shall survive the expiration or the early termination of the zoning, if
the zoning is granted, or dissolution of use or any subsequent special
use or change in zoning.

7. Annual Proof of Licensure/Registration. Successful Petitioners shall

file with the Zoning Administrator annually a current copy of his/her/their/its
license/registration issued by the State of Illinois (i.e., Illinois Department of
Agriculture or Illinois Department of Finance and Professional Regulation). The
failure to provide proof of licensure/registration annually may result in the special
use permit being revoked.

(f) Co-location of Cannabis Business Establishments.

The Zoning Board of Appeals may approve the co-location of an Adult-Use Cannabis
Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use

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 EXHIBIT A

Cannabis Infuser Organization l or both l to the provisions of the Illinois Cannabis

Regulation and Tax Act (410 705/1-1, and the Use criteria within the
Zoning Code as to each such of Adult-Use Cannabis Business Establishment. In a co­
location, the floor requirements of Sectron 40-S-31(D)(3)(e) 40-S-31(D)(4)(e)
shall not apply, but co-located establishments shall the sole use tenant space.

(G)
1. to obtain registration/licensure. Should an Adult-Use Cannabis
Establishment fail to provide evidence to Zoning Administrator that
facility achieved approval of registration/licensure from the State of Illinois within
180 days of the approval of its special use permit by the County Board, its use
permit shall null and void, and the zoning or use of the shall revert that
which existed prior to the County Board action which approved the special use permit
this Section.

However, within 90 working days of upon which special use permit was
approved by County Board, an Adult-Use Cannabis Business Establishment may request
of the County through the Zoning Administrator, an extension of the 180 days for an
90 dayst upon the provision of evidence providing the cause of the delay and the
an extension. Such additional may allowed only discretion
the County Board.

to comply with state and regulations. Should an Adult-Use

Cannabis Establishment fail to conform to and meet all laws, rules and
regulations established by the State of Illinois pursuant to the Illinois Cannabis Regulation
and Act (410 ILCS et the rules regulations County of
st. Clair this may be a dissolution use, allowing for the revocation of the
special use issued by County of Clair. Should the special use permit be
revoked, the zoning or use of parcel shall to that which existed prior to
County Board action which approved the special use under this Section.

Termination ofuse. Should an Adult-Use Cannabis Business Establishment

fail to use property for purpose which the use permit was provided
for a period 180 days, may be a dissolution of use, allowing for the
revocation of the special use permit by the County Board. Should special use permit
be revoked, the zoning or use of the parcel shall to that which existed prior to the
County Board action which approved the special use permit under this :::>ec[lon

[This intentionally blank.]

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 EXHIBIT A

AMENDMENTS TO 40-5-29 (Medical Cannabis Facilities) RE

CONSISTENCY BETWEEN MEDICAL CANNABIS AND ADULT­
CANNABIS ZONING REGULA TIONS.

* * '*CHANGES NOTED IN BOLD AND "AUCS* * *

*-*DELEl10NS NOTED BY STRIKETHROUGH**

ARTICLE V

SUPPLEMENTARY USE, AREA AND BULK REGULATIONS

****

40-5-29 The following sections shall

apply to all Medical Cannabis located in unincorporated st. Clair County, Illinois,
are subject Compassionate Use of Medical Cannabis Pilot Program (410 ILCS
130/1, et seq.).

(A) Findings andApplication.

Cannabis illegal under the Federal Controlled Substances

Act (21 U.S.C. Section 801 et seq.). State and local regulations do not
preempt federal law. Persons and businesses involved in the cultivation,
growing, production, proceSSing, infusing, transporting, dispensing,
sales and possession of cannabis could still be subject to prosecution
under federal law. Local zoning and other regulations are not a defense
against a violation offederal law.

purpose of this Section of the st. Clair County Zoning

Code (Chapter 40) is to provide a uniform and comprehensive of
standards for the location and development offacilities intended for the
production and distribution of medical cannabis as provided in
Illinois Compassionate Use ofMedical Cannabis Pilot Program Act (410
ILCS 130/1 seq.) The intent of regulations is to protect the
public health, safety and community welfare ofSt. Clair County citizens
while allowing the development ofMedical Cannabis Cultivation Centers
and Medical Cannabis Dispensaries in compliance with state law and
Clair County's Ordinances/Code. Nothing in Section or the St. Clair
County Zoning Code shall be construed as an authorization to
circumvent or violate or federal law, as permission to any persons
or entity to violate federal law, or to supersede any legislation
prohibiting the uses subject to this Section.

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3. This Section ofthe St. ClairCountyZoning Code (Chapter 40)

shall apply to those Medical Cannabis Cultivation Centers and Medical
Cannabis Dispensaries that are permitted and licensed pursuant to the
Illinois Compassionate Use of Medical Cannabis Pilot Program Act (410
ILCS 130/1 et seq.) and any amendments thereto.

4. All policies, procedures, rules, regulations and standards of

Chapter 40, Article XI, Division V (Special Use Permits) of the Clair
County Zoning Code shall apply, except as otherwise noted in this
Section, to all Petitions for a Special Use Permit for Medical Cannabis
Cultivation Centers and Medical Cannabis Dispensaries

****
(8)

****
(2) No Medical Cannabis
Cultivation Center shall be located, established, maintained or
on any lot that has a property within .qsee 1,500 feet
of a pre-existing public or private nurselY school, preschool,
primalY or secondalY school, day care facility/center, day
care home or residential care home, community residence,
nursing home, -£Iit".!-eJ'TJ£JeFl1'r-HJ'7e-eF-,fJ-f:j'fe-eJ<'I:.r;fHi'lH.9tJI',~-er-fJFf~
pl"CSchool or eleFnentafY or secondar;' school or day CaFe CCRter, day
£iJf'e-R'8ffle: group day care home, part day child care facility, clinic or
hospital, Learning and vocational or trade
centers/schools shall not be classified as a public or private
school for purposes of this Section. Af'--nF1i-----rti"f'flt----i'\ARflA---fef

("SR ~~H" & "~~HPI9, and multi family districts f'~4R 1" & "~qR 2").
Further, no Medical Cannabis Cultivation Center shall be
located, established, maintained or operated within a
dwelling unit or within 1,500 feet ofthe property line ofa
existing property zoned or used for residential purposes.

****

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(C) MEDICAL CANNABIS DISPENSARY. In any zoning district

Medical Cannabis Dispensaries are allowed by Special Use Permit the following
regulations, and conditions be complied with, met and followed by
owner/operator of a Medical Cannabis Dispensary.

****
(2)

(a) No Medical Cannabis Dispensary or dispensing organization

shall be located, established, mainta ined or operated on any
lot that has a property line within f;{:}GG 1,500feet of a
existing public or private nursery school, preschool,
primary or secondary school, day care facility/center,
day care home or residential care home, community
residence, nursing home, the property line of a pre

sei:eAeai~:;eReet-ef--ffil¥-fnH~~F'f-,--fJn>,J-f'nff~~~ group
care home, ef part day child care facility, clinic or
hospital learning centers and vocational/trade
centers/schools shall not be classified as a public or
private school for purposes of this Section. Further,
no Medical Cannabis Dispensary shall be located,
established, maintainedor operated within a dwelling
unit or within 500 feet of the property line of a pre­
existing property zoned or used for residential
purposes. Also, a registered dispensing organization may

multi family districts f'~4R F' & "MR 2").

(b) No Cannabis Dispensary or organization
shall be located, established, maintained or operated on any
lot that has a property line within 500 feet of the property line
of a pre-existing of worship, park, or forest nrl'l'l::""n/l'l
(c) For purposes of subparagraphs (a) and (b) to ~ec(lon
(C)(1), distances shall measured in a straight line, without
regard to intervening structures or objects, from the
point on the property line of lot on which an applicable
dispensary is to the point on property line
of any protected use.

****
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.

EXHIBIT A

Hours of Ooeration. Medical Dispensaries shall operate

only between hours of 8-;00 6:00 a.m. and 7;00 10:00 p.m.

****

(D) Notice and Affirming Statement. At the time ofsubmission

of a zoning petition (a special use request) for a Medical Cannabis
Cultivation Center or a Medical Cannabis Dispensary, the Petitioner(s)
shall submit a signed statement certifying and affirming that the
Petitioner(s) full knowledge of and actual notice that,
notwithstanding state law andanyaction by the County ofSt. Clair, that:

a. Cannabis a prohibited Schedule I controlled substance

under federal law;
b, Participation in Illinois Compassionate Use of Medical
Cannabis Pilot Program Act (410 130/1 et seq.) is
permitted only to the extent provided by the
requirements of the Act and subsequent implementing
regulations;
c. Any activity not sanction by the Illinois Compassionate Use
of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et
seq.) and its subsequent implementing regulations may be
a violation ofstate law and may result in the revocation of
zoning;
d. Growing, distribution or possessing cannabis any
capacity, except through a federally-approved
program, is a violation offederallaw;
e. Use of medical cannabis may affect an individual's ability to
receive federal or state licensure in other ,.rll"'''''''~
f. Use ofmedical cannabis, in tandem with other conduct, may
a violation ofstate or federal law;
g. Participation in Illinois Compassionate Use of Medical
Cannabis Pilot Program Act (410 130/1 et seq.) or
approval ofzoning by St. Clair County Zoning Board of
Appeals and St. Clair County does not authorize any person
or entity to violate federal or state law and, other than as
set out in the Illinois Compassionate Use ofMedical Cannabis
Pilot Program Act (410 ILCS 130/1 et seq.) does notprovide
any immunity from or affirmative defense to or
prosecution under federal or state law; and
h. Petitioner(s) for the zoning ofa Medical Cannabis Cultivation
Center or a Medical Cannabis Dispensary by the County ofSt.
Clair shall indemnify, hold harmless, and defend County

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 EXHIBIT A

of St. Clair, including but not limited to Zoning

Administrator, Zoning Board of Appeals and its individual
members, Zoning Attorney, County Board Members,
employees, agents, and elected and appointed officials for
any and all civil or criminal penalties resulting from the
participation in the Illinois Compassionate Use of Medical
Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) and St.
Clair County's zoning; and Petitioner(s) further agrees to
and accepts to indemnify, hold harmless, and defend
County of st. Clair, including but not limited to its Zoning
Administrator, Zoning Board of Appeals and individual
members, Zoning Attorney, County Board Members,
employees, agents, and elected and appointed officials for
any and all liability for Petitioner(s) Medical Cannabis
Cultivation Center or Medical Cannabis Dispensary, and
Petitioner(s) employees, customers, customer's employeror
employees, family members or for any and all
damage, injury, including death, accident, loss,
compensation or claim, based on, arising out of (directly or
indirectly), or resulting from property for which the
zoning/special use requested is being used pursuant to the
Illinois Compassionate Use ofMedical cannabis Pilot Program
Act(410 ILCS130/1 etseq.), including butnot limited to, the
following: seizure of persons or property,
prosecution pursuant to federal or state laws, any
injury, death, robbery, theft, mysterious disappearance or
any other casualty; or the action of any other person or
entity. This provision shall survive expiration or the
termination of the zoning, if the zoning is granted, or
dissolution of use or any subsequent special use or change
in zoning.

7. Annual Proof of Licensure/Registration. Successful

Petitioners shall file with the Zoning Administrator annually a current
copy of his/her/their/its license/registration issued by the of
Illinois (i.e., Illinois Department ofAgriculture or Illinois Department of
Finance and Professional Regulation). The failure to provide proof of
licensure/registration annually may result in special use permit
being revoked.

Dissolution ofUse and Revocation ofZoning.

(1) Failure to obtain state registration/licensure. Should a Medical

cannabis Cultivation Center or a Medical Cannabis Dispensary fail provide

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 EXHIBIT A

evidence to the Zoning Administrator that the facility has achieved its approval
of registration/licensure from the State of Illinois within 180 days of the
approval of its special use permit by the County Board, its special use permit
shall become null and void, and the zoning or use of the parcel shall revert to
that which existed prior to the County Board action which approved the special
use permit under this Section.

However, within 90 working days ofthe date upon which such special use permit
was approved by the County Board, a Medical Cannabis Cultivation Center or a
Medical Cannabis Dispensary may request of the County Board, through the
Zoning Administrator, an extension of the 180 days for an additional 90 days,
upon the provision ofevidence providing the cause ofthe delay and the need for
an extension. Such additional extension may be allowed only at the discretion
ofthe County Board.

(2) Failure to comply with state and county regulations. Should a

Medical Cannabis Cultivation Center or a Medical cannabis Dispensary fail to
conform to and meet all laws, rules and regulations established by the State of
Illinois pursuant to the Illinois Compassionate Use of Medical Cannabis Pilot
Program Act (410 IlCS 130/1 et seq.), and the rules and regulations of the
County ofSt. Clair this may be considered a dissolution ofuse, allowing for the
revocation of the special use permit issued by the County ofSt. Clair. Should
the special use permit be revoked, the zoning or use ofthe parcel shall revert to
that which existedprior to the County Board action which approved the special
use permit under this Section.

(3) Termination of use. Should a Medical cannabis Cultivation Center

or a Medical Cannabis Dispensary fail to use the property for the purpose under
which the special use permit was provided for a period of180 days, this may be
considered a dissolution of use, allowing for the revocation of the special use
permit by the County Board. Should the special use permit be revoked, the
zoning or use ofthe parcel shall revert to that which existedprior to the County
Board action which approved the special use permit under this Section.

Page 24 of24

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