HomeMy WebLinkAboutOrdinances - MC-19-1206 - 10/07/2019 - Zoning - Adult CannabisCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE MC-19-1206
AN ORDINANCE AMENDING ARTICLE III GENERAL DISTRICT
REGULATIONS, ARTICLE V COMMERCIAL DISTRICTS,
ARTICLE VI OFFICE, INDUSTRIAL, BUSINESS PARK,
AGRICULTURAL AND MINING OVERLAY AND HEALTH CARE
DISTRICTS, ARTICLE VII OFF-STREET PARKING AND
LOADING, ARTICLE XIX DEFINITIONS OF THE CITY OF
MCHENRY ZONING ORDINANCE AND CHAPTER 7.50 SIGNS OF
THE CITY OF MCHENRY MUNICIPAL CODE PERTAININIG TO
ADULT USE CANNABIS
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
October 7, 2019
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 8t'' day of October, 2019.
ORDINANCE IVIC-19-1206
AN ORDINANCE AMENDING ARTICLE III GENERAL DISTRICT REGULATIONS,
ARTICLE V COMMERCIAL DISTRICTS, ARTICLE VI OFFICE, INDUSTRIAL, BUSINESS
PARK, AGRICULTURAL AND MINING OVERLAY AND HEALTH CARE DISTRICTS,
ARTICLE VII OFF-STREET PARKING AND LOADING, ARTICLE XIX DEFINITIONS OF
THE CITY OF MCHENRY ZONING ORDINANCE AND CHAPTER 7.50 SIGNS OF THE
CITY OF MCHENRY MUNICIPAL CODE PERTAININIG TO ADULT USE CANNABIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, the City Council of the City of McHenry has determined that is in the best
interest of the City to amend the current Zoning Ordinance and Municipal Code regulations
relating to adult -use cannabis; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act), which
pertains to the possession, use, cultivation, transportation and dispensing of adult -use cannabis,
which became effective June 25, 20199 and
WHEREAS, pursuant to the Act, the City may enact reasonable zoning ordinances or
resolutions not in conflict with the Act, regulating cannabis business establishments, including
rules adopted governing the time, place, manner and number of cannabis business
establishments, and minimum distance limitations between cannabis business establishments
and locations the City deems sensitive; and
WHEREAS, a petition has been filed by the City of McHenry requesting a Zoning Text
Amendment to the Zoning Ordinance as well as amendments to the City's Municipal Code; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 24, 2019 in the manner prescribed by ordinance and statute, and as
a result of said hearing, the Planning and Zoning Commission did recommend to the City Council
the granting of the requested Zoning Text Amendments; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested Zoning Text
Amendments are consistent with the objectives of the City of McHenry Zoning Ordinance to
protect the public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The foregoing recitals are incorporated into this Ordinance as if fully set forth
in this section.
SECTION 2: It is the intent and purpose of this Section to provide regulations regarding
the cultivation, processing and dispensing of adult -use cannabis occurring within the corporate
limits of the City of McHenry. Such facilities shall comply with all regulations provided in the
Cannabis Regulation and Tax Act (P.A. 101-0027) (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.
SECTION 3: That Article XIX Definitions of the City of McHenry Zoning Ordinance is hereby
amended by adding thereto the following language:
"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 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 forthe 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 timeAoAime, and regulations
promulgated thereunder.
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 timeAo-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
Fax 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."
SECTION 4: Conditional Use: Adult -Use Cannabis Business Establishment facilities, as
defined herein, require approval of a conditional use permit in the respective districts in which
they are requested and shall be processed in accordance with Article XIV of the City's Zoning
Ordinance.
SECTION 5: That Article III General District Regulations is hereby amended by adding
thereto the following language:
"R: Adult -Use Cannabis Business Establishments
1. Intent and Purpose: It is the intent and purpose of this Section to protect the
health, safety, welfare and morals of the citizens of the City by regulating the
cultivation, processing and dispensing of adult -use cannabis occurring within the
City. Such facilities shall comply with all regulations provided in the Cannabis
Regulation and Tax Act (P.A. 101-0027), as it may be amended from time -to -time,
and regulations promulgated thereunder, and the regulations provided below. In
the event that the Cannabis Regulation and Tax Act is amended, the more
restrictive of the state or local regulations shall apply.
2. General Standards:
• The minimum distance between any Adult -Use Cannabis Dispensing Organization
and the property line of a pre-existing Adult -Use Cannabis Dispensing
Organization shall be one thousand five (1,500) feet.
• A Conditional Use Permit shall be required.
• The minimum distance between any Adult -Use Cannabis Dispensing Organization
and the property line of apre-existing public or private nursery school, preschool,
primary or secondary school shall be one thousand (1,000) feet. Learning centers
and vocational/trade centers shall not be classified as a public or private schools
for purposes of this Section.
• A maximum of two (2) Adult -Use Cannabis Dispensing Organizations shall be
permitted to be operating in the City at any one time.
• At least 75% of the floor area of any space occupied by an Adult -Use Cannabis
Dispensing Organization shall be devoted to the activities of the Adult -Use
Cannabis Dispensing Organization as authorized by the Cannabis Regulation and
Tax Act.
• 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 Cannabis
Regulation and Tax Act and the Conditional Use criteria within the City's Zoning
Ordinance. In a co -location the co -located establishments shall be the sole use of
the space.
• An Adult -Use Cannabis Business Establishment may not conduct any sales or
distribution of cannabis other than as authorized by the Cannabis Regulation and
Tax Act.
• On -site consumption at any Adult -Use Cannabis Dispensing Organization of
cannabis and/or any product containing cannabis is prohibited.
• A petitioner for a Conditional Use Permit for an Adult -Use Cannabis Business
Establishment shall file an affidavit with the City affirming compliance with all
requirements of the Cannabis Regulation and Tax Act,
SECTION 6: That the City of McHenry Police Chief testified at the public hearing on
September 24, 2019 about concerns pertaining to public safety, specifically with people
patronizing an Adult -Use Cannabis Dispensing Organization and other persons within the
respective shopping center at the same time, concerns dealing with children, vehicles, and
distance from the roadway, making these areas more vulnerable to criminal activity than others
within the City where Adult -Use Dispensing Organizations are permitted and the City Council
determined to protect the public health, safety, morals and general welfare of its residents that
Adult -Use Cannabis Dispensing Organizations are prohibited north of McCullom Lake Road;
therefore, Article V Commercial Districts Group O: Additional Conditional Uses in C-5 District is
hereby amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organizations; Adult -Use Cannabis Craft
Grower -*Adult -Use Cannabis Dispensing Organizations and Adult Use Cannabis
Craft Grower are prohibited north of McCullom Lake Road"
SECTION 7: That Article VI Office, Industrial, Business Park, Agriculture and Mining
Overlay and Health Care Districts Group U: Conditional Uses in I-1 Industrial District: is hereby
amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organization; Adult -Use Cannabis Craft Grower; Adult -
Use Cannabis Infuser Organization or Infuser; Adult -Use Cannabis Processing Organization or
Processor; Adult -Use Cannabis Transporting Organization or Transporter"
SECTION 8: That Article VI Office, Industrial, Business Park, Agriculture and Mining
Overlay and Health Care Districts Group W: Conditional Uses in a Business Park District. is hereby
amended by adding thereto the following language:
"Adult -Use Cannabis Dispensing Organization; Adult -Use Cannabis Craft Grower; Adult -
Use Cannabis Infuser Organization or Infuser; Adult -Use Cannabis Processing Organization or
Processor; Adult -Use Cannabis Transporting Organization or Transporter"
SECTION 9: That Article VII Off -Street Parking and Loading is hereby amended by adding
thereto the following language to Table 13: Required Parking Spaces for Non -Residential and
Non -Lodging Uses with Adult -Use Cannabis Craft Grower, Adult -Use Cannabis Infuser
Organization or Infuser, Adult -Use Cannabis Processing Organization or Processor, and Adult -Use
Cannabis Transporting Organization or Transporter being subject to Note [j] of the Notes on Table
13, providing for the use of the employment standard or the floor space standard, whichever is
greater and if employment is not known when plans are drawn, floor space standard may be
used, but if upon occupancy the employment standard yields a greater number of required
spaces, the City Council may require the provision of additional parking before granting a
Certificate of Occupancy:
"Adult -Use Cannabis Dispensing Organization: 4.5 spaces/1,000 square feet floor
FTi�7
Adult -Use Cannabis Craft Grower; Adult -Use Cannabis Infuser Organization or Infuser;
Adult -Use Cannabis Processing Organization or Processor; Adult -Use Cannabis Transporting
Organization or Transporter: 1/employee or 1.5/1,000 square feet of floor area -use employment
or floor space standard [j]"
SECTION 10: That Chapter 7.50 Signs of the City of McHenry Municipal Code Section
7.50.2 General Provisions is hereby amended by adding thereto the following language:
"Adult -Use Cannabis Business Establishments: A signage plan shall be submitted
as part of the conditional use permit"
SECTION 11: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 12: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois,
ECTION 13: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 7th day of October, 20190
Ayes Nays Absent
Alderwoman Baehne x
Alderman Devine
Alderman Glab �-
Alderman Mihevc
Alderwoman Miller
Alderman Santi x
�Iderman Schaefer
Abstain
WIN