HomeMy WebLinkAboutOrdinances - MC-14-1094 - 09/08/2014 - Medical Marijuana Department of Community&
y ti Economic Development
v Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
MCHenr McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
ORDINANCE NO. MC-14-1094
AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE
CITY OF MCHENRY ZONING ORDINANCE AND MUNICIPAL CODE PERTAINING TO MEDICAL
MARIJUANA
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, in August 2013 the State of Illinois enacted the Compassionate Use of
Medical Cannabis Pilot Program Act (hereinafter referred to as the "Act"), which pertains to the
cultivation and dispensing of medical marijuana for use in serious diseases causing chronic pain
and debilitating conditions, which became effective January 1, 2014; and
WHEREAS, per the Act, cultivation centers and dispensing facilities will be permitted to
locate within any municipality, subject to only those limitations imposed by the State Act,
unless the local municipality adopts additional restrictions.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS,AS FOLLOWS:
SECTION 1: The recitals set forth above are incorporated herein.
SECTION 2: That Article III. General District Regulations of the City of McHenry
Zoning Ordinance is hereby amended by adding thereto a new Section Q. Medical Cannabis
consisting of the following language:
"Q. Medical Cannabis:
1. Purpose and Applicability: It is the intent and purpose of this Section to provide
regulations regarding the cultivation and dispensing of medical cannabis occurring
within the corporate limits of the City of McHenry. Such facilities shall comply with
all regulations provided in the Compassionate Use of Medical Cannabis Pilot
Program Act, as enacted by the State of Illinois, effective January 1, 2014, as may be
Department of Community&
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
MCHew McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
amended from time to time (hereinafter referred to as the "Act"), as well as those
additional regulations provided below. In the event the Act is amended, the more
restrictive of the state or local regulations shall apply.
2. Conditional Use Permit: Medical Cannabis facilities, as defined herein, requiring
approval of a conditional use permit in the respective zoning districts in which they
are requested shall be processed and reviewed in accordance with Article 11. Filing
Procedures and Article XIV. Conditional Uses of the City of McHenry Zoning
Ordinance and Article III. General District Regulations Q. Medical Cannabis as
provided herein.
3. Medical Cannabis Facility Components: In determining compliance with Article XIV.
Conditional Uses the following additional components of the Medical Cannabis
Facility shall be evaluated based on the entirety of the circumstances affecting the
particular property in the context of the existing and intended future use of the
properties:
a. Impact of the proposed facility on existing or planned uses located within the
vicinity of the subject property.
b. Proposed structure in which the facility will be located, including co-tenancy and
building code compliance.
4. Medical Cannabis Cultivation Center: In those zoning districts in which a Medical
Cannabis Cultivation Center may be located, the proposed facility must comply with
the following regulations:
a. Facility may not be located within 2,500 feet of the property line of a pre-existing
public or private nursery school, preschool, primary or secondary school, day
care center, day care home or residential care home. Learning centers and
vocation/trade centers shall not be classified as a public or private school for
purposes of this section.
b. Facility may not be located within 2,500 feet of the property line of a pre-existing
property zoned for residential use.
c. Facility may not conduct any retail sales.
d. For purposes of determining required parking, Medical Cannabis Cultivation
Centers shall be classified as "Industrial-Manufacturing, Research, Testing" in
accordance with Article VII Off-Street Parking & Loading Table 13: Required
Parking Spaces for Non-Residential and Non-Lodging Uses.
e. Petitioner/Applicant shall file an affidavit with the City affirming compliance with
Article Ill. General District Regulations Section Q. Medical Cannabis as provided
herein and all other requirements of the Act.
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011W' -v, Department of Community&
Economic Development
f. Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
MCHernr McHenry, Illinois 60050
OWN Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
5. Medical Cannabis Dispensing Organization: In those zoning districts in which a
Medical Cannabis Dispensing Organization may be located, the proposed facility
must comply with the following regulations:
a. Facility may not be located within 1,000 feet of the property line of a pre-existing
public or private nursery school, preschool, primary or secondary school, day
care center, day care home or residential care home. Learning centers and
vocation/trade centers shall not be classified as a public or private school for
purposes of this section.
b. Facility may not be located in a building or structure which is also utilized as a
dwelling unit or on a property which contains a building or structure which is
utilized as a residential dwelling.
c. For purposes of determining required parking, Medical Cannabis Dispensing
Organizations shall be classified as "Other Retail and Personal Service" in
accordance with Article VII Off-Street Parking & Loading Table 13: Required
Parking Spaces for Non-Residential and Non-Lodging Uses unless the Medical
Cannabis Dispensing Organization is located within a Shopping Center, as defined
herein, and in this instance shall comply with the off-street parking and loading
requirements for "Shopping Centers" in accordance with Article VII Off-Street
Parking & Loading Table 13: Required Parking Spaces for Non-Residential and
Non-Lodging Uses.
d. Petitioner/Applicant shall file an affidavit with the City affirming compliance with
Article 111. General District Regulations Section Q. Medical Cannabis as provided
herein and all other requirements of the Act.
SECTION 3: That Article V. Commercial Districts Table 7: Permitted and Conditional
Uses in Commercial Districts Group O: Additional Conditional Uses in C-5 District of the City of
McHenry Zoning Ordinance is hereby amended by adding thereto the following language:
"Medical Cannabis Dispensing Organization, as defined herein"
SECTION 4: That Article VI. Office, Industrial, Business Park, Agricultural & Mining
Overlay, and Health Care Districts Table 9: Permitted and Conditional Uses in Office, Industrial,
Business Park and Health Care Districts Group U: Conditional Uses in 1-1 Industrial District and
Group W. Conditional Uses in a Business Park District of the City of McHenry Zoning Ordinance
is hereby amended by adding thereto the following language:
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1W P_%1 Department of Community&
� Economic Development
00
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
MCHenr McHenry, Illinois 60050
W W Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
"Medical Cannabis Cultivation Center, as defined herein"
SECTION 5: That Article XIX. Definitions of the City of McHenry Zoning Ordinance is
hereby amended by adding thereto the following language:
"Medical Cannabis Cultivation Center: A facility operated by an organization or business
that is registered by the Department of Agriculture to perform necessary activities to provide
only registered medical cannabis dispensing organizations with usable medical cannabis in
accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the
State of Illinois effective January 1, 2014, as may be amended from time to time.
Medical Cannabis Dispensing Organization: A facility operated by an organization or
business that is registered by the Department of Financial and Professional Regulation to
acquire medical cannabis from a registered cultivation center for the purpose of dispensing
cannabis, paraphernalia, or related supplies and educational materials to registered qualifying
patients in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act,
enacted by the State of Illinois effective January 1, 2014, as may be amended from time to
time."
SECTION 6: That Chapter 2.50 Adult Uses Article lll. Massage Establishments and
Massage Therapists Section 2.50-28 Revocation or Suspension of a License Subsection (F) of the
City of McHenry Municipal Code is hereby amended by adding thereto the following language:
"...unless expressly permitted by this ordinance. Cross reference-City of McHenry
Zoning Ordinance Article III General District Regulations Q. Medical Cannabis."
SECTION 7: That Chapter 7 Buildings and Building Regulations Article XV11.
Substandard and Dangerous Buildings Section 7-257 Definitions of the City of McHenry
Municipal Code is hereby amended by adding thereto the following language:
"*Unless expressly permitted by this ordinance. Cross reference-City of McHenry Zoning
Ordinance Article III General District Regulations Q. Medical Cannabis."
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O*'` Department of Community&
WOW P.
'AD
Economic Development
Doug Martin, Deputy City Administrator
" McHenry Municipal Center
333 Green Street
MCHem McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
SECTION 8: That Chapter 13 Motor Vehicles and Traffic* Article 11. Vehicle
Impoundment Section 13.16. Violations of the City of McHenry Municipal Code is hereby
amended by adding thereto the following language:
"*Unless expressly permitted by this ordinance. Cross reference-City of McHenry Zoning
Ordinance Article III General District Regulations Q. Medical Cannabis."
SECTION 9: That Chapter 14 Offenses-Miscellaneous Article IV. Drug Paraphernalia;
Possession of Cannabis of the City of McHenry Municipal Code is hereby amended by adding
thereto the following language:
"*Unless expressly permitted by this ordinance. Cross reference-City of McHenry Zoning
Ordinance Article III General District Regulations Q. Medical Cannabis."
SECTION 10: 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 11: 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 8TH DAY OF SEPTEMBER, 2014
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 8TH DAY OF SEPTEMBER, 2014
AYOR
ATTE T: ,
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CIT CL K
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