East Dundee City Zoning Code
CANNABIS OVERLAY
DISTRICT
§ 157.070 PURPOSE.
(A) The purpose of the cannabis overlay district is to allow cannabis business establishments to operate within the village. Cannabis business establishments are enterprises unique and different from other uses and, as such, in addition to the regulations imposed by the underlying zoning district, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals and convenience by ensuring that such uses are compatible with their surroundings. The district regulations are designed to encourage compatibility with adjacent or nearby land uses.
(B) The cannabis overlay district is intended to only regulate cannabis business establishments. All other uses shall be subject to the regulations of the underlying zoning district.
(Ord. 20-04, passed 2-25-2020)
§ 157.071 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. An adult-use cannabis craft grower, cultivation center, dispensing organization, infuser organization, processing organization, or transporting organization, per the Cannabis Regulation and Tax Act.
ADULT-USE 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.
ADULT-USE 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.
ADULT-USE CANNABIS DISPENSING ORGANIZATION 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 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.
ADULT-USE CANNABIS INFUSER ORGANIZATION 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.
ADULT-USE CANNABIS PROCESSING ORGANIZATION 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.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION 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.
CANNABIS BUSINESS ESTABLISHMENT. A cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization. As used in this section, a CANNABIS BUSINESS ESTABLISHMENT shall also include all medical cannabis cultivation centers and dispensaries licensed under the Compassionate Use of Medical Cannabis Program Act (ILCS Chapter 410, Act 130, §§ 1 et seq.).
CANNABIS REGULATION AND TAX ACT. The Cannabis Regulation and Tax Act, (ILCS Chapter 410, Act 705, §§ 1 et seq.), as amended from time to time, and regulations promulgated thereunder.
MEDICAL CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in accordance with the laws of the State of Illinois.
MEDICAL CANNABIS DISPENSARY. A facility operated by an organization or business that is registered by the applicable State of Illinois agency designated to oversee said facility to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients in accordance with the laws of the State of Illinois.
(Ord. 20-04, passed 2-25-2020)
§ 157.072 CANNABIS OVERLAY DISTRICT.
The cannabis overlay district shall consist of the areas set forth in the Cannabis Overlay District Map as part of the Village of East Dundee, Illinois, Zoning Map pursuant to § 157.016 of this Code and defined as B-3, M-1 and M-2 properties only, east of Route 25. The boundary of the cannabis overlay district, as set forth in the Cannabis Overlay District Map, shall begin with the B-3, M-1 and M-2 properties west of and fronting Route 25 and shall continue east to the village limits.
(Ord. 20-04, passed 2-25-2020)
§ 157.073 ALLOWABLE USE TABLE.
(A) Permitted uses, special uses, accessory uses, and temporary uses in the cannabis overlay district shall be as indicated on the following table.
Allowable Uses of Land and Buildings | Cannabis Overlay District with Underlying B-3 Zoning | Cannabis Overlay District with Underlying M-1 and M-2 Zoning |
Allowable Uses of Land and Buildings | Cannabis Overlay District with Underlying B-3 Zoning | Cannabis Overlay District with Underlying M-1 and M-2 Zoning |
(a) Retail | ||
Adult-use cannabis dispensing organizations | S | S |
Medical cannabis dispensary | S | S |
(b) Manufacturing Uses | ||
Adult-use cannabis craft grower | S | |
Adult-use cannabis cultivation center | S | |
Adult-use cannabis infuser organization or infuser | S | |
Adult-use cannabis processing organization or processor | S | |
Medical cannabis cultivation center | S | |
(c) Transportation, Utility and Solid Waste Uses | ||
1. Transportation | ||
Adult-use cannabis transporting organization or transporter | S | |
P: Permitted by right S: Permitted by special use permit | ||
(B) Any cannabis business establishments locating within the cannabis overlay district shall abide by all zoning regulations and restrictions of the underlying zoning district.
(C) Off-street parking and loading. Any cannabis business establishment locating within the cannabis overlay district shall abide by all parking regulations and restrictions of the underlying zoning district.
(Ord. 20-04, passed 2-25-2020)
§ 157.074 CANNABIS BUSINESS ESTABLISHMENT REQUIREMENTS.
(A) The following items shall be submitted as part of the special use request for a cannabis business establishment:
(1) An accurately dimensioned site plan indicating buildings, building entrances, parking, sidewalks, adjacent streets and immediately surrounding uses;
(2) A plan for disposal of any cannabis or byproducts that are not sold in a manner that protects any portion thereof from being possessed or ingested by any person or animal and shall abide by applicable state or local regulations;
(3) A plan for ventilation of the cannabis business establishment that describes the ventilation systems that will be used to prevent any odor of cannabis off the premises of the business. For cultivation centers, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises;
(4) A security plan for the cannabis business establishment that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations. Security arrangements must deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products from the adult-use cannabis business establishment, and ensure the safety of employees and customers of the adult-use cannabis business establishment, as well as the surrounding area, and include no less than the minimum security and lighting measures required by state law. The security plan shall be reviewed and approved by the Chief of Police.
(B) A cannabis business establishment shall not be located within 1,500 feet of the property line of any preexisting cannabis business establishment located within or outside the village.
(C) A cannabis business establishment may not be located within 2,500 feet of the property line of a preexisting 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, place of worship or an area zoned for residential use. This location restriction shall not apply to adult-use cannabis dispensing organizations or medical dispensaries.
(D) All cannabis business establishments shall abide by all other applicable state and village regulations and requirements.
(Ord. 20-04, passed 2-25-2020)