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HomeMy WebLinkAboutOrdinances - 21-38 - 07/19/2021 - Zoning Text AmendmentsCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-38 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE AND SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois July 19, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 20 day of July, 2021. ORDINANCE NO 21-38 AN ORDINANCE ADOPTING TEXT AMENDMENTS TO THE CITY OF MCHENRY ZONING ORDINANCE AND SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE 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, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance and Subdivision Control and Development Ordinance; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 30, 2021 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested 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 text amendments currently requested and approved by this ordinance 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CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That §11-6-18 Adult -Use Cannabis Business is hereby repealed and replaced with the text amendment language attached hereto this Ordinance as "Exhibit A". SECTION 2: That §11-9-7 Permitted and Conditional Uses in Commercial Districts is here by amended as follows: "Group E: Additional permitted uses in C-3 and higher numbered Commercial Districts: Adult -use cannabis dispensing organizations. Adult -use cannabis businesses are prohibited in the C-4 District including any property on Main Street from Crystal Lake Road to IL-31 and the Core -Downtown Sub Area as identified in the Core -Downtown Sub -Area Plan approved by ORD-09-1480. Adult -use cannabis craft grow, transportation, processing, and infusion businesses when co -locating with an adult -use cannabis dispensing organization. Adult -use cannabis businesses are prohibited in the C-4 District including any property on Main Street from Crystal Lake Road to IL-31 and the Core -Downtown Sub Area as identified in the Core - Downtown Sub -Area Plan approved by ORD-09-1480. Group I: Additional permitted uses in C-5 District. Adult -use cannabis craft grow, transportation, processing, and infusion cannabis businesses when co -locating with an adult -use cannabis dispensing organization. Group J: Additional conditional uses in C-5 District Per Adult -use cannabis craft grow, transportation, processing, and infusion businesses when not co -locating with a dispensing organization. Adult -use cannabis businesses are prohibited on Main Street from Crystal Lake Road to IL-31 and the Core -Downtown Sub Area as identified in the Core -Downtown Sub -Area Plan approved by ORD-09-1480." SECTION 3: That §11-10H-2 Table 2 Permitted and Conditional Uses is hereby amended as follows: "Group E: Permitted uses in 1-1 Industrial District: 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. Group F: Conditional Uses in 1-1 Industrial District Group G: Permitted Uses in a Business Park District: 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. Group H: Conditional Uses in a Business Park District: SECTION 4: That §11-13-2 Types of Landscaping and Screening Required is hereby amended as follows: "Privacy fence/opaque screening: 1. A 6-foot high opaque masonry wall (stone, stucco, or brick), privacy fence, or dense evergreen hedge shall be installed in addition to the landscaped screening unless adjacent to a public road right-of-way. 2. Shall be along 100% of the yard length. Landscaped Screening: A. A 5-foot wide landscaped perimeter shall be installed. B. Shall be along 100% of the yard length. -14: C. Trees shall be planted to provide a continuous canopy at maturity. €: D. Shrubs shall be planted on average of 1 for every 3 feet of yard length." SECTION 5: That §12-4-3 Submission of Preliminary and Final Plats for Simultaneous Review is hereby repealed and replaced with the text amendment language as follows: "12-4-3: SUBMISSION OF PRELIMINARY AND FINAL PLATS FOR SIMULTANEOUS REVIEW: The Zoning Administrator may waive the requirement for the preliminary and final plats of subdivision to be reviewed sequentially and separately and may permit the simultaneous review of the preliminary and final plats provided, however the Planning & Zoning Commission may overrule such decision of the Zoning Administrator and require full compliance with the review procedures in this section, if it deems, in its opinion, to be necessary for a full understanding of the proposed development and its impact upon surrounding areas and the City of McHenry." SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 7: 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. SECTION 8: 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 19th day of July, 2021. Ayes Alderman Devine X Alderman Glab X Alderman Harding X Alderman Strach X Alderwoman Miller X Alderman Santi X Alderman McClatchey X Wayne Jett, Mayor Nays Absent Abstain Monte Johnson, Deputy City Clerk Exhibit A Text Amendments to: §11-6-18 Adult -Use Cannabis Business, §11-9-7 Permitted and Conditional Uses in Commercial Districts, and §11-101-11-2 Table 2 Permitted and Conditional Uses 11-6-18: ADULT -USE CANNABIS BUSINESS: A. Adult -Use Cannabis Business Establishments: 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: a. 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 hundred feet (1,500'). b. The minimum distance between any Adult -Use Cannabis Dispensing Organization and the property line of a pre-existing public or private nursery school, preschool, primary or secondary school shall be one thousand feet (1,000'). Learning centers and vocational/trade centers shall not be classified as a public or private schools for purposes of this section. c. A maximum of two (2) Adult -Use Cannabis Dispensing Organizations shall be permitted to be operating in the City at any one time. d. At least seventy five percent (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. e. Location: 1. Adult Use Cannabis Dispensaries. a. Permitted Use. Adult -Use Cannabis Dispensaries shall be a permitted use on properties located next to a State Highway, or located in a Subdivision abutting a State Highway, and zoned C-3 Community Commercial District or C-5 Highway Commercial District. 2. Cannabis Craft Grow, Cannabis Infuser Organizations, Cannabis Processing Organizations, and Adult -Use Cannabis Transporting Organizations. a. Permitted Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be a permitted use in the I- 1 Industrial District, BP Business Park District, or when co -locating with a cannabis dispensary in the C-3 Community Commercial District or C-5 Highway Commercial District. b. Conditional Use. Adult Use Cannabis Craft Grow, Infuser, Processor, and Transportation Organizations shall be required to obtain a Conditional Use Permit to operate on property zoned C-5 Highway Commercial District unless co -locating with a cannabis dispensary. f. Exceptions. No Cannabis Business shall be permitted to operate within the Core - Downtown Sub Area as identified in the Core -Downtown Sub -Area Plan approved by ORD-09-1480 or on Main Street from Crystal Lake Road to IL-31. g. 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. h. On -site consumption at any Adult -Use Cannabis Dispensing Organization of cannabis and/or any product containing cannabis is prohibited. i. 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.