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Home My WebLink AboutG9-14 Ordinance No. G9-14 AN ORDINANCE AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ZONING" TO PROVIDE FOR REGULATIONS RELATING TO MEDICAL CANNABIS WHEREAS, the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act (hereinafter referred to as "the Act") to allow patients with debilitating medical conditions to use medical cannabis without being subject to arrest, prosecution, or denial of any right or privilege, and the Act is effective January 1, 2014; and WHEREAS, the Act allows for the establishment of medical cannabis cultivation centers and dispensing centers throughout the state; and WHEREAS, the Act establishes that local governments may not unreasonably prohibit such establishments; and WHEREAS, written application has been made to amend the Elgin Zoning Ordinance regarding the manner in which medical cannabis cultivation centers and dispensing centers are regulated; and WHEREAS, the Planning and Zoning Commission held a public hearing concerning the proposed amendments after due notice in manner provided by law; and WHEREAS, the Planning and Zoning Commission has forwarded the proposed amendments to the city council with a recommendation for approval and finding that the proposed amendments: Promote the public health, safety, comfort, morals, convenience, and general welfare; Conserve the taxable value of land and structures throughout the City; and Prohibit uses which are incompatible with the character of the preservation, conservation, residence, community facility, business, and industrial zoning districts; and WHEREAS, the Community Development Department recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.90.015 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions and Regulations," be and is hereby further amended to add the following language: MEDICAL CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is registered by the State of Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. A "medical cannabis cultivation center" [SR] shall be subject to the following supplementary regulations: A. A "medical cannabis cultivation center" [SR] shall not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, area zoned for residential use, "emergency shelter" [SR], or"public parks, recreation, and open space" [SR]. B. All aspects of a "medical cannabis cultivation center" [SR] shall be contained within a completely enclosed building. C. Any new building intended to be occupied by a "medical cannabis cultivation center" [SR] shall comply with the architectural standards for an industrial building established within Chapter 19.14. D. Where a "medical cannabis cultivation center" [SR] requires a conditional use prior to occupancy, the application for said conditional use shall include a security and outdoor lighting plan. The Elgin Police Department shall review the security and outdoor lighting plan and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the State of Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a "Medical Cannabis Cultivation Center" [SR] for the purpose of dispensing cannabis and educational material to registered qualifying patients. A. A "medical cannabis dispensing organization" [SR] shall not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, area zoned for residential use, "emergency shelter" [SR], or"public parks, recreation, and open space" [SR]. B. A "medical cannabis dispensing organization" [SR] shall not be located within a house, apartment, condominium, or an area zoned for residential use. C. Any new building intended to be occupied by a "medical cannabis dispensing organization" [SR] shall comply with the architectural standards for a commercial building established within Chapter 19.14. D. A "medical cannabis dispensing organization" [SR] shall not include a "drive through facility" [SR]. E. Where a "medical cannabis dispensing organization" [SR] requires a conditional use prior to occupancy, the application for said conditional use shall include a security and outdoor lighting plan. The Elgin Police Department shall review the security and outdoor lighting plan and forward its recommendation regarding same to the Planning & Zoning Commission prior to the public hearing for the conditional use. Section 2. That Section 19.40.330 B. of the Elgin Municipal Code, 1976, as amended, entitled "Conditional Uses" (Land Use, GI General Industrial District) be and is hereby further amended to create the following new section: 1. Agriculture division: "Medical cannabis cultivation center" [SR]. Section 3. That Section 19.40.330 B.3. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, GI General Industrial District) be and is hereby further amended to add the following: "Medical cannabis dispensing organization" [SR]. Section 4. That Section 19.40.130 B. of the Elgin Municipal Code, 1976, as amended, entitled "Conditional Uses" (Land Use, ORI Office Research Industrial District) be and is hereby further amended to create the following new section: 1. Agriculture division: "Medical cannabis cultivation center" [SR]. Section 5. That Section 19.40.130 B.3. of the Elgin Municipal Code, 1976, as amended, entitled "Services division" (Conditional Uses, Land Use, ORI Office Research Industrial District) be and is hereby further amended to add the following: "Medical cannabis dispensing organization" [SR]. Section 6. That Section 19.15.520 of the Elgin Municipal Code, 1976, as amended, entitled "Land Use" (ARC Arterial Road Corridor Overlay District), be and is hereby further amended to create the following new section: A. Agriculture division: "Medical cannabis cultivation center" [SR]. Section 7. That Section 19.15.520 B. of the Elgin Municipal Code, 1976, as amended, entitled "Services Division" (Land Use, ARC Arterial Road Corridor Overlay District), be and is hereby further amended to add the following language: "Medical cannabis dispensing organization" [SR]. Section 8. All above affected sections of Title 19 shall be re-alphabetized accordingly. Section 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 10. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David . Kap in, ayor Presented: February 12, 2014 Passed: February 12, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 12, 2014 ;•-IN( OF Published: February 14, 2014 s• ,r luti„�a` lC∎2`_ \` Attest: r( ( e.,61/ 1'6 \IC c,-) Kimberly Dewis, C y Cler /1 ' „.t'