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Home My WebLink AboutOrdinances - ORD-14-1688 - 09/08/2014 - ZONING TEXT AMENDMENTS RE MEDICAL MARIJUANADepartment OT Community & Economic Development ug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363�2170 Fax: (815) 363�2173 www.ci.mchenry.il.us AN ORDINANCE ADOPTING VARIOUS TEXT AMENDMENTS TO THE ITY OF MCHENRY ZONING ORDINANCE AND MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA ontemplated under Article V11, Section 6, of the Constitution of the State of Illinois, and the )assage of this Ordinance constitutes an exercise of the City's home rule powers and functions s granted in the Constitution of the State of Illinois; and Oedical Cannabis Pilot Program Act (hereinafter referred to as the "Act"), which pertains to the ultivation and dispensing of medical marijuana for use in serious diseases causing chronic pain nd debilitating conditions, which became effective January 1, 2014; and ocate within any municipality, subject to only those limitations imposed by the State Act, nless the local municipality adopts additional restrictions. 0 a 0 onsisting of the following language: (I Morfirnl (mnnnhirh D"r ncin nnA A lir 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 3 !9 N�!HTDF!�MW FOX VIMW Department of Community & Economic Development ug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363,=2170 Fax: (815) 363,=2173 www.ci.mchenry.il.us I additional regulations provided below. In the event the Act is amended, the more restrictive of the state or local regulations shall apply. 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 Ill. General District Regulations Q. Medical Cannabis as provided herein, Medical Cannabis FacilitV 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. be Proposed structure in which the facility will be located, including co -tenancy and building code compliance. Medical Cannabis Cultivation Centers 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 premmexisting 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. be Facility may not be located within 2,500 feet of the property line of a preamexisting 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 "Ind ustria W a nufactu ring, Research, Testing" in accordance with Article V11 CiffemStreet Parking & Loading Table 138 Required Parking Spaces for Non,wResidential and Non4odging Uses. e. Petitioner/Applicant shall file an affidavit with the City affirming compliance with Article 111111. General District Regulations Section Q. Medical Cannabis as provided herein and all other requirements of the Act. 011 Department of Community & Economic Development ug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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. cm For purposes of determining required parking, Medical Cannabis Dispensing Organizations shall be classified as "Other Retail and Personal Service" in accordance with Article VII OffmwStreet Parking & Loading Table 13: Required Parking Spaces for Non�Residential and Non4odging 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 OffseStreet Parking & Loading Table 13P Required Parking Spaces for Non�Residential and Non4odging Uses. d. 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. a 0 a VIcHenry Zoning Ordinance is hereby amended by adding thereto the following language: "NAarlirni rnnnnkic nic eancin Or nni7ntinn nc r4infininrl henrinin" a ECTION 4: That Article VI Office Industrial Business Par 3usiness Park and Health Care Districts Group Us Conditional Uses in 1�1 Industrial District and 3roup We Conditional Uses in a Business Park District of the City of McHenry Zoning Ordinance s hereby amended by adding thereto the following language: Department of Community & Economic Development ug Martin, Deputy City Administrator McHenry Municipal Center i"�UH LIC:C:L ienry, Illinois 60050 one: (815) 363�2170 Fax: (815) 363�2173 ww.ci.mchenry.il.us I iereby amended by adding thereto the following language: hat is registered by the Department of Agriculture to perform necessary activities to provide )nly registered medical cannabis dispensing organizations with usable medical cannabis in ccordance with the Compassionate Use of Medical Cannabis Pilot Program Act, enacted by the tate of Illinois effective January 1, 2014, as may be amended from time to time. )usiness that is registered by the Department of Financial and Professional Regulation to cquire medical cannabis from a registered cultivation center for the purpose of dispensing annabis, paraphernalia, or related supplies and educational materials to registered qualifying )atients in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, macted by the State of Illinois effective January 1, 2014, as may be amended from time to ime." assage I herapists Section 2.50�28 Revocation or Suspension uj a License Subsection (rj 01 Lhe :ity of McHenry Municipal Code is hereby amended by adding thereto the following language: (I ... unless expressly permitted by this ordinance. Cross reference�City of McHenry loning Ordinance Article III General District Regulations Q. Medical Cannabis." a a 0 * a \Aunicipal Code is hereby amended by adding thereto the following language: 1* Unless expressly permitted by this ordinance. Cross reference -City of McHenry Zoning )rdinance Article III General District Regulations Q. Medical Cannabis." )artment of Community & nomic Development ug Martin, Deputy City Administrator McHenry Municipal Center I C:C:H Ll I=t;:L enry, I inois 60050 )ne: (815) 363�2170 Fax: (815) 363�2173 ww.ci.mchenry.il.us 9 mpoundment Section 13.16. Violations of the City of McHenry Municipal Code is hereby mended by adding thereto the following language: Drdinance Article III General District Regulations Q. Medical Cannabis." :1ossession of Cannabis of the City of McHenry Municipal Code is hereby amended by adding hereto the following language: )rdinance Article III General District Regulations Q. Medical Cannabis." uthority of the corporate authorities of the City of McHenry, McHenry County, Illinois. pproval, and publication in pamphlet Torm as provided by law. I I I I � I � �I�WHY �H �H NAYS: None �BSTAINED: None �BSENT: None NOTVOTING: None /1AYOR