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Ordinance 2019-84 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2019-84 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AMENDING TITLE 10, CHAPTER 6 OF THE YORKVILLE CITY CODE PERTAINING TO CANNABIS AND COMPASSIONATE USE OF MEDICAL CANNABIS Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 26th day of November, 2019 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois on December 9,2019. Ordinance No. 2019-84 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AMENDING TITLE 10,CHAPTER 6 OF THE YORKVILLE CITY CODE PERTAINING TO CANNABIS AND COMPASSIONATE USE OF MEDICAL CANNABIS WHEREAS, the United City of Yorkville, Kendall County, Illinois, has enacted the Yorkville City Code which includes the City of Yorkville Zoning Code for the purpose of improving and protecting the public health, safety, comfort, convenience and general welfare of the people; and, WHEREAS, the General Assembly of the State of Illinois enacted the Cannabis Regulations and Tax Act, which pertains to the possession, use, cultivation, transportation and dispensing of adult-use cannabis, which became effective June 25, 2019; and, on said date, extended and expanded the Compassionate Use of Medical Cannabis Pilot Program(collectively, the "Acts"); and, WHEREAS, pursuant to the Acts, the City may enact reasonable zoning ordinances or resolutions not in conflict with the Acts regulating medical cannabis establishments and cannabis business establishments, including rules adopted governing the time, place, manner and number of such business establishments, and minimum distance limitations between such business establishments and locations the City deems sensitive; and, WHEREAS,the Planning and Zoning Commission of the City conducted a public hearing, as required by law, on November 13, 2019, in regards to the proposed amendments to Title 10, Chapter 6 of the Yorkville Zoning Code pertaining to cannabis;and, WHEREAS, the Planning and Zoning Commission recommended approval of the proposed amendments to Title 10, Chapter 6 as hereinafter set forth. Ordinance No.2019-84 Page 2 NOW,THEREFORE,BE IT ORDAINED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated herein. Section 2. Chapter 6 of the Yorkville Zoning Code is hereby amended by adding a new Table 10.06.09: ADULT USE CANNABIS BUSINESSES Zoning Districts Open Ag Space Residential Business Manufacturing OS- OS- {E- R- I R- j R- R- R- B- B- B- B- Use Category A-1 1 2 j 1 ' 1 ' 2 2D 3 4 0 1 j 2 3 4 I M-1 i M-2 ADULT-USE CANNABIS CRAFT GROWER ' I r--- ADULT-USE CANNABIS CULTIVATION CENTER: S S I ( I I f I I I ADULT-USE CANNABIS j DISPENSING ORGANIZATION: I ADULT-USE CANNABIS INFUSER ORGANIZATION I - - I - I - - - _ _ _ - - - S li - S ! S OR INFUSER: ADULT-USE CANNABIS _ 1 PROCESSING ORGANIZATION OR I - - - - - - - - I S j S PROCESSOR: ! ! I ADULT-USE CANNABIS S I S TRANSPORTING I I I I i ! ! Ordinance No.2019-84 Page 3 Zoning Districts Open Ag Space Residential Business Manufacturing OS- OS- E- R- R- R- R- R- B- B- B- B- Use Category A-1 1 2 1 1 2 2D 3 4 0 1 2 3 4 M-1 M-2 ORGANIZATION OR TRANSPORTER: P= Permitted use S = Special use -= Not permitted use Section 3. Title 10, Chapter 6 of the Yorkville Zoning Code is hereby amended by adding the following to Section 10-6-1: L. Cannabis Businesses: 1. Definitions. a. Cannabis Craft Grower: 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 a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act,(P.A. 101-0027),as it may be amended from time-to-time, and regulations promulgated thereunder. b. Cannabis Cultivation Center. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101- 0027), as it may be amended from time-to-time, and regulations promulgated thereunder. c. Cannabis Dispensing Facility or Dispensary. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from Ordinance No.2019-84 Page 4 licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. d. Cannabis Infuser Facility or Infuser. 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,per the Cannabis Regulation and Tax Act,(P.A. 101-0027),as it may be amended from time-to-time, and regulations promulgated thereunder. e. Cannabis Processing Facility or Processor. 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,per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. f. Cannabis Transporting Business or Transporter. 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, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder. 2. Special Use Distance Requirements and Restrictions a. Cannabis Craft Grower: (i) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, public parks or religious institutions, regardless of corporate boundary. Commercial/Trade schools shall not be classified as a public or private school for purposes of this Section. (ii) Facility may not be located within 250 feet of the property line of a pre-existing property zoned or used for residential purposes, unless in the A-1 Zoning District where the residential use is owned by the same owner as the Adult-Use Cannabis Craft Grower,regardless of corporate boundary. Ordinance No.2019-84 Page 5 (iii) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. (iv) Cannabis Craft Growers may co-locate with a Dispensing Organization or a Cannabis Infuser Organization, or both, only on properties zoned within the M-1 or M-2 districts. (v) For purposes of determining required parking, Cannabis Craft Grower shall be classified as "Industrial Uses" per Section 10-16-3 Off- Street Parking Requirements,provided,however, that the City may require that additional parking as part of the Special Use conditions. (vi) Cannabis Craft Grower shall be limited to one facility without the boundaries of the City. b. Cannabis Cultivation Center: (i) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, public parks or religious institutions, regardless of corporate boundary. Commercial/Trade schools shall not be classified as a public or private school for purposes of this Section. (ii) Facility may not be located within 250 feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary. (iii) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. (iv) For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as "Industrial Uses" per Section 10-16-3 Off-Street Parking Requirements, provided, however, that the City may require that additional parking as part of the Special Use conditions. (v) Cannabis Cultivation Center shall be limited to one facility within the boundaries of the City. c. Cannabis Dispensing Organization: (i) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, public parks or religious institutions, regardless of corporate boundary. Ordinance No.2019-84 Page 6 Commercial/Trade schools shall not be classified as a public or private school for purposes of this Section. (ii) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary. (iii) Facility shall have a maximum gross floor area of 5,000 square feet. Of which at least 75% of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act, and shall not sell food or alcohol for consumption on the premises. (iv) Drive-through facilities are prohibited. (v) E -commerce delivery service platforms are prohibited. (vi) The facility shall be classified as "Commercial Uses" per Section 10-16-3 Off-Street Parking Requirements,provided,however,that the City may require that additional parking as part of the Special Use conditions. (vii) Cannabis Dispensing Organizations shall be limited to one facility within the boundaries of the City. d. Cannabis Infuser Organization: (i) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, public parks or religious institutions, regardless of corporate boundary. Commercial/Trade schools shall not be classified as a public or private school for purposes of this Section. (ii) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary. (iii) Infuser Organizations may co-locate with a Dispensing Organization or a Cannabis Craft Grower Organizations, or both, only on properties zoned within the M-1 or M-2 districts. In such instances, the maximum gross floor area dedicated to the Dispensing Organization shall be 5,000 square feet of which 75% of the floor area must be devoted to the activities authorized by the Act. (iv) For purposes of determining required parking,said facilities shall be classified as "Industrial Uses" per Section 10-16-3 Off-Street Parking Ordinance No.2019-84 Page 7 Requirements,provided, however,that the City may require that additional parking as part of the Special Use conditions. (v) Cannabis Infuser organizations shall be limited to one facility within the boundaries of the City. e. Cannabis Processing Organization: (i) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, public parks or religious institutions, regardless of corporate boundary. Commercial/Trade schools shall not be classified as a public or private school for purposes of this Section. (ii) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary. (iii) At least 75%of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act, and shall not sell food or alcohol for consumption on the premises. (iv) For purposes of determining required parking,said facilities shall be classified as "Industrial Uses" per Section 10-16-3 Off-Street Parking Requirements,provided, however,that the City may require that additional parking as part of the Special Use conditions. (v) Cannabis Processing organizations shall be limited to one facility within the boundaries of the City. f. Cannabis Transporting Organization: (i) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, public parks or religious institutions, regardless of corporate boundary. Commercial/Trade schools shall not be classified as a public or private school for purposes of this Section. (ii) Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary. Ordinance No.2019-84 Page 8 (iii) The transporting organization shall be the sole use of the space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act. (iv) For purposes of determining required parking,said facilities shall be classified as "Industrial Uses" per Section 10-16-3 Off-Street Parking Requirements, provided, however, that the City may require that additional parking as part of the Special Use conditions. (v) Cannabis Transporting Organization shall be limited to one within the boundaries of the City. 3. Business Hours: Business hours for all Cannabis Businesses shall be from 10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays. 4. On-Premise Consumption: On premise consumption of cannabis products in all Cannabis Businesses operations is prohibited. 5. Signage: a. Recreational cannabis dispensaries shall be limited to one (1) wall- mounted sign per business. b. All cannabis establishments shall be prohibited from having electronic message board signs. c. Signage for cannabis establishments shall not contain cannabis imagery such as leaves,plants, smoke, paraphernalia, or cartoonish imageries. 6. Special Use Application Requirements: a. Applicant name and the business name of the proposed adult-use cannabis establishment for which the special use is sought, including addresses, telephone numbers and e-mail addresses of(1) sole proprietors; (2) business entities with financial interest in the business, and (3) all officers, directors, partners, managers and owners. A post office box may not be submitted as the address of the applicant. b. Copy of licensure or registration that the organization is authorized to conduct an adult-use cannabis business establishment in the State of Illinois. c. The commonly known address,permanent index number(PIN) and legal description of the proposed location of the adult-use cannabis establishment. Ordinance No.2019-84 Page 9 d. Property ownership information. Written statement that the applicant owns or has under contract the property of the proposed adult-use cannabis establishment. e. The proposed hours of operation. f. Copy of a business plan to be kept on file with the Yorkville Police Department and confidential to the extent permitted by law, including but not limited to the following: i. Proposed number of employees. ii.A description of the products and services that the proposed adult- use cannabis establishment will offer. iii. Description or statement of training and education that will be provided to the proposed adult-use cannabis dispensary agents/staff. iv. A security plan that will describe how the proposed use will address concerns related to inventory tracking and prevention of theft;measures to control customer overflow and access to restricted areas; employee restrictions to limited access areas and restricted area; and video surveillance/alarm system. g. Aerial map of the subject property identifying the current zoning and land uses of all surrounding parcels within 500 feet. h. Site Plan including, but not limited to, nearest utility connection, points of access, internal site circulation, lighting/photometric plan, landscape plan, off-street parking,trip generation calculations. i. Floor plans and elevations of proposed adult-use cannabis establishment, including the location of enclosed and secured loading and trash handling and disposal facilities. j. Signage Plans. k. Information on co-location with another adult-use cannabis establishment. 7. Standards for Special Use for Cannabis Businesses: a. Impact of the proposed facility on the existing or planned uses located within the vicinity of the subject property. b. Suitability of the proposed facility and its co-location with another cannabis business establishment. Ordinance No.2019-84 Page 10 c. Adequate waste management plan for the storage, security and disposal of discarded cannabis products and materials. d. Distance to existing cannabis establishment. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois this 26th day of November, 2019. 060a- Geht City Clerk KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS NAY JASON PETERSON ABSENT APPROVED: Mayor / Attest: Orxa PwAt City Clerk Ordinance No.2019-84 Page 11