G57-14 Ordinance No. G57-14
AN ORDINANCE
AMENDING SECTION 19.90.015 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED
"DEFINITIONS AND REGULATIONS" REGARDING THE DEFINITION
AND SUPPLEMENTARY REGULATIONS FOR
MEDICAL CANNABIS DISPENSING ORGANIZATIONS
WHEREAS, Petition No. 45-14 was filed to amend the text of the City of Elgin zoning
ordinance with respect to the definition and supplementary regulations for medical cannabis
dispensing organizations; and
WHEREAS, the Planning and Zoning Commission of the City held a public hearing on
October 6, 2014 and considered Petition No. 45-14; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact; and
WHEREAS, the Community Development Department recommended approval of
Petition No. 45-14 to amend the text of the City of Elgin zoning ordinance with respect to the
definition and supplementary regulations for medical cannabis dispensing organizations; and
WHEREAS, the Planning & Zoning Commission recommended approval of Petition No.
45-14 to amend the text of the City of Elgin zoning ordinance with respect to the definition and
supplementary regulations for medical cannabis dispensing organizations, but also included
further modifications which would require that setbacks for dispensing organizations located
within multi-tenant commercial buildings are measured from the property line of the entire
parcel on which the commercial space in which the dispensing organization is proposed to
operate to the nearest property line from which the setback is sought to be determined; and
WHEREAS, the City Council of the City of Elgin concurs with the findings and
recommendation of the Community Development Department.
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 read as follows:
"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 the following setbacks:
(i) one thousand feet (1,000') of the property line of a preexisting
public or private preschool or elementary or secondary school or
daycare center, daycare home, group daycare home, part day
childcare facility, with such distance to be measured in a manner
consistent with the requirements of the Compassionate Use of
Medical Cannabis Pilot Program Act (4 10 ILCS 130/); or
(ii) one thousand feet (1,000') of the property line of(1) a preexisting
area zoned for residential use, (2) an "emergency shelter" [SR], or
(3) a portion of any "public parks, recreation, and open space"
[SR] that is intended to be frequented and enjoyed by members of
the public; provided that if a "medical cannabis dispensing
organization" [SR] is to be situated in one or more distinct
commercial spaces within a multi-occupant commercial building,
then the setback described in this subsection A(ii) shall be
measured from the nearest demising wall of the particular
commercial space within the building in which such "medical
cannabis dispensing organization" [SR] is proposed to operate to
the nearest property line of the area from which setback is sought
to be determined.
B. A "medical cannabis dispensing organization" [SR] shall not be located
within a house, apartment, residential 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 of
this title.
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 and zoning
commission prior to the public hearing for the conditional use."
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Section 2. 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 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provide by law.
!3u/�
David J. K ain, NVayor
Presented: October 8, 2014
Passed: October 8, 2014
Vote: Yeas: 8 Nays: 1 ® o•:
Recorded: October 8, 2014
Published: October 10, 2014 '"'6ns�` ,
Attest:
Kimberly Dewis, City Clerk
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