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TO: Mayor Richard C. Irvin
FROM: Edward T. Sieben, Zoning and Planning Director
Deborah Lang, Assistant Corporation Counsel
DATE: September 5, 2019
SUBJECT:
A Resolution Initiating a Public Hearing to Consider the Revisions to Aurora's Zoning Ordinance 3100 to Section 3.3 Definitions, Section 4.3 Special Uses & Structures and Table One: Use Categories
PURPOSE:
Staff is proposing a Text amendment modifying certain portions of Section 3.3 Definitions, Section 4.3 Special Uses & Structures, and Table One: Use Categories of Ordinance Number 3100 being the Aurora Zoning Ordinance regarding Medical and Recreational Cannabis Uses in the City of Aurora in response to recent State of Illinois legislation.
BACKGROUND:
On June 25, 2019, the Cannabis Regulation and Tax Act (P.A.101-0027), was signed into law by the State of Illinois, effective January 1, 2020. The Act legalizes the purchase, possession and private use of cannabis by adults over 21 years of age for recreational use. The majority of the law pertains to the sales, processing, distribution, taxes and eligible users of cannabis.
The Act allows Local Government to have zoning authority to prohibit (opt out) or limit the location of cannabis business by enacting reasonable zoning regulations as long as they are not in conflict with the Act. These regulations may include designating the time, place, manner and number of cannabis operations, including minimum distances between certain locations. The Local Government cannot license cannabis facilities as licensing authority remains exclusively under state jurisdiction.
Generally, the Act prohibits a cannabis establishment from placing or maintaining an advertisement 1000 feet from a school, playground, hospital, health care facilities, recreation centers, child care centers, public parks, public libraries or game arcades that admit persons under the age of 21, public transportation vehicles or shelters or any publicly owned or publicly operated property. The Act also limits dispensaries from locating within 1,500 feet of another. Only dispensaries will be open to the public and the State has limited the amount of dispensaries to the Chicago-Naperville-Elgin area, which includes Aurora, to 47 dispensaries.
DISCUSSION:
Using the already established zoning ordinance regulations for medical cannabis and expanding it to cover the new cannabis regulations, staff is proposing the following modifications to the Aurora Zoning Ordinance regulations:
• Establish the following Use Categories and Definitions:
- 2115 Cannabis Dispensing Facility: A facility operated by an organization or business that is licensed by the Department of Financial and Professional Regulation to acquire cannabis from a registered cannabis cultivation facility for the purpose of dispensing cannabis, cannabis infused products, cannabis seeds, paraphernalia, or related supplies and educational materials to purchasers or registered qualifying patients and caregivers.
- 3112 Cannabis Processing Facility: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product.
- 3113 Cannabis Infuser Facility: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product.
- 4142 Cannabis Transporting Facility: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program.
- 7110 Cannabis Cultivation Facility: A facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis infused products to cannabis dispensing facilities.
- 7115 Cannabis Craft Grower Facility: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at dispensing facilities or use at a processing organization.
• Establish the facilities as Special Uses and amend the Use Categories Table for each:
- 2115 Cannabis Dispensing Facility: Special Uses within the B-2, B-3, DC, ORI, M-1 and
M-2
- 3112 Cannabis Processing Facility: Special Uses within the B-3, ORI, M-1 and M-2
- 3113 Cannabis Infuser Facility: Special Uses within the B-3, ORI, M-1 and M-2
- 4142 Cannabis Transporting Facility: Special Uses within the B-3, ORI, M-1 and M-2
- 7110 Cannabis Cultivation Facility: Special Uses within the ORI, M-1 and M-2
- 7115 Cannabis Craft Grower Facility: Special Uses within the B-3, ORI, M-1 and M-2
• Establishing Specific Regulation standards within the Special Use
- Not differentiating between medical and recreational cannabis
- No display of cannabis or paraphernalia visible from the outside of the premises
- No on-site consumption
- Hours of operation - 8 am to 10 pm
- Allowing co-locations of certain facilities, subject to the requirements of State law, zoning requirements and the Special Use criteria
- Requiring a security plan, a disposal plan, a copy of the operating procedures, a water consumption report, and a ventilation plan for certain facilities.
- 100’ distance requirement from grade school, middle school, alternative school, and high school.
IMPACT STATEMENT:
Currently, we have only had zoning regulations for medical cannabis. We believe amending our Zoning Ordinance will be in line with what was previously established for medical cannabis. The Special Uses will not be allowed in residential neighborhoods and only allowed in the following areas depending on the nature of the facility: B-2, B-3, DC, ORI, M-1 and M-2.
RECOMMENDATIONS:
Staff would recommend the Resolution Initiating a Public Hearing to Consider the Revisions to Aurora's Zoning Ordinance 3100 to Section 3.3 Definitions, Section 4.3 Special Uses & Structures and Table One: Use Categories.
ATTACHMENTS:
IML Summary
cc: Building, Zoning and Economic Development Committee:
Alderman Michael B. Saville, Chairperson
Alderman Sherman Jenkins, Vice Chairperson
Alderman Carl Franco
Alderman Robert J. O’Connor
Alderman Juany Garza
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution Initiating a Public Hearing to Consider the Revisions to Aurora's Zoning Ordinance 3100 to Section 3.3 Definitions, Section 4.3 Special Uses & Structures and Table One: Use Categories
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City has established Zoning in accordance with 65ILSC5/11-13-1 of the state statutes in Ordinance No. 3100 as amended being the Aurora Zoning Ordinance; and
WHEREAS, the City has determined that a revision to said ordinance is needed to further the purpose of said ordinance with regards to the recent State of Illinois legislation; and
WHEREAS, a public hearing is part of the process to revise the Aurora Zoning Ordinance; and
WHEREAS, the Building, Zoning, and Economic Development Committee recommends that the Planning Commission review and study the proposed revision and hold all public hearings thereon; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, authorizes the Planning Commission to hold said public hearing and report back to the City Council with their recommendation regarding the proposed revision to the Aurora Zoning Ordinance.