G9-14 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`_
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Attest: r( ( e.,61/ 1'6 \IC c,-)
Kimberly Dewis, C y Cler /1 ' „.t'