The ordinance codified in this title shall be known as the zoning ordinance of the city.

The purpose of this title is to:

A.

Promote and protect the public health, safety, comfort and general welfare;

B.

Guide, control and regulate the future growth of the city;

C.

Provide adequate light, air, privacy and convenience of access to property;

D.

Reduce or avoid congestion in the public streets and highways;

E.

Protect the character and the social and economic stability of agricultural, residential, commercial, industrial and other private and public areas within the city;

F.

Prevent overcrowding of the land and prevent undue congestion of population.

The ordinance codified in this title includes a map designated as the zoning map of Havana, Illinois and the bulk requirement diagrams. The zoning map, the bulk requirement diagrams and all notations, references and other information shown on them are part of this title and have the same force and effect as if fully set forth in this title.

Whenever any territory is annexed to the city, the City Council shall determine its district zoning classification at the time of annexation.

(Ord. No. 1322, § 1, 3-1-11)

The ground floor, or any part thereof, of any building or structure located within the area described herein, shall not be used as a residence or living quarters of any type, either temporary or permanent. The prohibited area included the following legal descriptions: Blocks 23, 24 and 25, Lots 9 and 10 in Block 19, Lots 9 and 10 in Block 20, Lots 1-5 in Block 33, and Lots 1-5 in Block 34, all in the original town, now City of Havana, Mason County, Illinois.

(Ord. No. 1408, § 1, 10-17-17)

A.

Purpose and Applicability. It is the intent and purpose of this section to provide regulations regarding the dispensing of adult-use cannabis occurring within the corporate limits of the City of Havana. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

B.

Conditional Use. Adult-use cannabis dispensing organization facilities, as defined herein, shall require the approval of a variance in the respective districts in which they are requested, and shall be processed in accordance with Section 17.24 (Variations) of this title and subsection C (Adult-Use Cannabis Facility Components) as provided herein.

C.

Adult-Use Cannabis Dispensing Organization Components. In determining compliance with Section 17.24 (Variations) of this title, the following components of the adult-use cannabis dispensing organization shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

1.

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

2.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

3.

Hours of operation and anticipated number of customers/employees.

4.

Anticipated parking demand.

5.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

6.

Site design, including access points and internal site circulation.

7.

Proposed signage plan.

8.

Compliance with all requirements provided in subsection D (Adult-Use Cannabis Dispensing Organization), as applicable.

9.

Other criteria determined to be necessary to assess compliance with Section 17.24 (Variations) of this title.

D.

Adult-Use Cannabis Dispensing Organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

1.

Facility may not be located within five hundred 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 or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not be located on any property zoned as R-1 or R-2 (Residential).

3.

At least seventy-five percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.

4.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

5.

The number of adult-use cannabis dispensing organizations within the City of Havana shall at no time exceed two.

E.

Additional Requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(Ord. No. 1435, § 3, 12-17-19)