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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 ...
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