HomeMy WebLinkAbout#4180 Zoning Code/Craft Grower ORDINANCE NO 4180
AN ORDINANCE AMENDING THE ZONING CODE FOR THE CANNABIS CRAFT
GROWER CONDITIONAL USE PERMITS IN THE CITY OF CANTON, ILLINOIS
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS:
FEBRUARY 18, 2020
PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON:
FEBRUARY 18, 2020
ORDINANCE NO. 4180
AN ORDINANCE AMENDING THE ZONING CODE FOR CANNABIS CRAFT
GROWER CONDITIONAL USE PERMITS IN THE CITY OF CANTON,ILLINOIS
WHEREAS, pursuant to the iMunicipal Code and the Cannabis Regulation and Tax Act
(410 ILCS 705/1, et. seq.), the City of Canton has the authority to determine certain zoning
regulations related to Cannabis Craft Growers and related items;
WHEREAS,the City of Canton has the authority to authorize or prohibit a Cannabis Craft
Grower facility within the City and related items;
WHEREAS, Section 55-25(1) of the Cannabis Regulation and Tax Act states, unless
otherwise provided under the Cannabis Regulation and Tax Act or otherwise in accordance with
state law:
A unit of local government,including a home rule unit or any non-home rule county
within the unincorporated territory of the county, may enact reasonable zoning
ordinances or resolutions, not in conflict with this Act or rules adopted pursuant to
this Act,regulating cannabis business establishments.No unit of local government,
including a home rule unit or any non-home rule county within the unincorporated
territory of the county,may prohibit home cultivation or unreasonably prohibit use
of cannabis authorized by this Act;
WHEREAS, Section 55-25(2) of the Cannabis Regulation and Tax Act states, unless
otherwise provided under the Cannabis Regulation and Tax Act or otherwise in accordance with
state law:
A unit of local government,including a home rule unit or any non-home rule county
within the unincorporated territory of the county,may enact ordinances or rules not
in conflict with this Act or with rules adopted pursuant to this Act governing the
time, place, manner, and number of cannabis business establishment operations,
including minimum distance limitations between business establishment
operations, including minimum distance limitations between cannabis business
establishments and locations it deems sensitive,including colleges and universities,
through the use of conditional use permits. A unit of local government, including a
home rule unit, may establish civil penalties for violation of an ordinance or rules
governing the time, place, and manner of operation of a cannabis business
establishment or a conditional use permit in the jurisdiction of the unit of local
government.No unit of local government, including a home rule unit or non-home
rule county within an unincorporated territory of the county, may unreasonably
restrict the time, place, manner, and number of cannabis business establishment
operations authorized by this Act; and
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WHEREAS, the City Council of the City of. Canton determined that it is in the
public interest to enact this Ordinance to establish zoning rules and regulations relative to
Cannabis Craft Growers.
NOW, THEREFORE, BE IT ORDAINED, by the City Council for the City of
Canton, Fulton, County, Illinois, as follows:
Title 10, Chapter 12 of the Municipal Code is hereby amended by adding Section
10-12-12 as follows:
(A)Additional Permitted Use: Areas designated and established as I-2 (Heavy
Industrial District) for zoning purposes may have an additional permitted use,
upon attaining a conditional use permit as set forth herein, involving the
establishment of a Cannabis Craft Grower ("Craft Grower") pursuant to the
Illinois Cannabis Regulation and Tax Act(410 ILCS 705/1-1 etseq.). The City
authorizes three(3)Craft Grower Conditional Use Permits to operate within the
City of Canton. The cost of a Craft Grower conditional use permit shall total
Four Thousand and No/100 Dollars ($4,000.00) per year, pro-rated only upon
the date of issuance if issued after January 1, 2020 and during the year
2020. The conditional use permit fee herein shall be initially be due on January
1, 2020, or whenever the conditional use permit is issued initially to anyone
granted and issued a conditional use permit, but shall then be due January 1 of
each subsequent year, regardless of the month and specific date an initial
conditional use permit is issued to anyone granted and issued a conditional use
permit. Conditional use permits shall be issued at the sole discretion of the City
Council of the City of Canton and said conditional use permits may be
terminated and revoked at the sole discretion of the City Council of the City of
Canton for reasons deemed appropriate in the sole discretion of the City Council
of the City of Canton.
(B)Defmitions:
All definitions set forth in 410 ILCS 705/1-10, as amended from time to time, are
hereby adopted and fully incorporated herein.
(C)Conditions of Use: It shall be lawful to operate a Craft Grower facility so long as the
following applies and is adhered to:
1. Craft growers must be licensed by the Department of Agriculture through the State
of Illinois;
2. Craft Growers must have a Craft Grower Conditional Use Permit, as set forth in
this Section, issued by the City of Canton;
3. All cultivation of cannabis by a craft grower must take place in an enclosed,locked
facility at the physical address provided to the Department of Agriculture and the
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City of Canton during the licensing/permitting process;
4. The craft grower location shall only be accessed by the agents working for the craft
grower, the Department of Agriculture staff performing inspections, the
Department of Public Health staff performing inspections, State and local law
enforcement or other emergency personnel, contractors working on jobs unrelated
to cannabis, such as installing or maintaining security devices or performing
electrical wiring, transporting organization agents as provided in this Act, or
participants in the incubator program, individuals in a mentoring or educational
program approved by the State, or other individuals as provided by rule. However,
if a craft grower shares a premises with an infuser or dispensing organization,
agents from those other licensees may access the craft grower portion of the
premises if that is the location of common bathrooms, lunchrooms, locker rooms,
or other areas of the building where work or cultivation of cannabis is not
performed. At no time may an infuser or dispensing organization agent perform
work at a craft grower without being a registered agent of the craft grower;
5. Craft growers must not be located within one thousand feet(1,000')of the property
line of a pre-existing public or private preschool,or elementary or secondary school
or daycare center, daycare home, group daycare home,part day childcare facility;
6. Craft grower facilities may not be located in a house, apartment or condominium;
7. Craft growers may not be located in an area zoned for residential use;
8. Craft growers may not be located within 1,000 feet of the property line of a pre-
existing property zoned or used for residential purposes;
9. Craft growers may not be located within 1,500 feet of another craft grower or
cultivation center;
10. Craft growers may not sell or distribute any cannabis to any person other than a
cultivation center, a craft grower, an infuser organization, a dispensing
organization, or as otherwise authorized by rules promulgated under the Act;
11. Craft growers may not display or store cannabis, cannabis-infused products and
cannabis concentrate in an area accessible to the public;
12. Craft growers may process cannabis, cannabis concentrates, and cannabis-infused
products, in accordance with state and local law;
13. Craft growers may enter into a contract with a transporting organization to transport
cannabis to a Cannabis Business Establishment, in accordance with state and local
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law;
14. Craft growers shall have appropriate security employed and security measures
implemented at all times,in accordance with State regulations,to deter and prevent
theft of cannabis and unauthorized entrance into areas containing cannabis,
cannabis infused products and cannabis concentrate;
15. Craft growers shall fully comply with all requirements of the Cannabis Regulation
and Tax Act and any other laws or regulations of the City of Canton, Illinois
Department of Agriculture, and/or the State of Illinois;
16. Craft growers must comply with any other requirements or prohibitions set by
administrative rule of the Department of Agriculture.
(D)Additional Limitations and Penalties:
1. Craft grower shall comply with all State and any applicable federal rules and
regulations regarding the use of pesticides.
2. Craft growers are subject to random inspections by local safety or health inspectors.
3. Craft growers shall notify local law enforcement within 24 hours of the discovery
of any loss or theft. Notification shall be made by phone, in person, or written or
electronic communication.
4. Craft grower shall not transport cannabis or cannabis-infused products to any other
cannabis business establishment without a transport organization license unless the
cannabis business establishment receiving the cannabis is within fifteen(15)miles
of the craft grower.
5. No on-site use or consumption of cannabis shall be permitted at any Craft Grower
facility in the City of Canton.
6. A person who violates any of the provisions in this Section 10-12-12 shall be
subject to a fine of not less than $500.00 but no more than $750.00. A Cannabis
Craft Grower granted and issued a conditional use permit under these provisions
shall be subject to a fine of not less than $500.00 but no more than $750.00 for a
violation of any provision herein, in addition to being subject to having their
conditional use permit terminated and revoked for a violation of any provision
herein.
This Ordinance shall be in full force and effect from and after its passage and adoption.
Further, the City Clerk shall be instructed to provide to the codifiers of our municipal ordinance
this ordinance for insertion in its proper place and each copy of this code within thirty (30) days
of its final passage.
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PASSED and ADOPTED by the City Council of the City of Canton, Illinois at a regular
meeting this 18 day of February 2020 upon a roll call vote as follows:
AYES: Aldermen Ryan Mayhew, Quin Mayhew, John Lovell, Craig West, Angela Hale,
Jeff Fritz, Justin Nelson
NAYS: None
ABSENT: Alderwoman Angela Lingenfelter
APPROVED:
J U.
Kent McDowell,Mayor
AT ST:
Diana Pavley-Rock, City Clerk
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STATE OF ILLINOIS )
) SS.
COUNTY OF FULTON )
CERTIFICATE
I, Diana Pavley-Rock, certify that I am the duly elected City"Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on February 18, 2020 , the City Council of such
municipality passed and approved Ordinance No 4180 entitled:
AN ORDINANCE AMENDING THE ZONING CODE FOR CANNABIS CRAFT
GROWER CONDITIONAL USE PERMITS IN THE CITY OF CANTON ILLINOIS
which proved by its terms that it should be published in pamphlet form.
The pamphlet for Ordinance No. 4180 including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted at City Hall,
2 North Main Street Canton IL, commencing on February 18, 2020 , and continuing
for at least ten days thereafter. Copies of such Ordinance were also available for public
inspection upon request in the Office of the City Clerk.
DATED AT CANTON, ILLINOIS, THIS ebrua 2020
Diana avley-Rock, CMC, City Clerk
Seal City of Canton, Illinois
101 �"C '
CANNABIS CRjXFT GROWER
pC,P �t � APPLICATIMN AND EXHIBITS
John R.Block Building,801 E Sangamon Ave,Springfield IL 62702•217/782-2172•",a)D 217/524-6858
Exhibit O: Notice of Proper Zoning
This Exhibit contains two parts: one to be completed by the Applicant, and olne to be completed by the
local zoning authority. Both parts must be completed. Applicant must sublmit a copy of the zoning
ordinance or regulation with this Exhibit.
To be completed by Applicant:
I, Layne Stambaugh/QUIDS LLC , am filing an application.with the Illinois Department of
Agriculture to obtain a permit to operate as a CRAFT GROWER FACILITY. Th e street address of the proposed
facility location is: 12 Enterprise Ln. , locatfzd in the Fulton County,
CityNillage of canton , zip code 61520
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Applicant Signature: - �ti ; � �osivsizazo N%72220
To be completed by Zoning Authority or Local Government:
d Q dc. rMATY ,Zoning Office/Departmen.t of
C AW L, City/Town/County,hereby affirms that the location
identified in the Street Address above is:
COMPLIANCE with currently enacted local zoning laws and regulations to operate a Craft Grower
Facility
❑has applied for local zoning approval to operate a Craft Grower Facility
❑has no applicable, currently enacted zoning regulations in effect at this time
Title of Authorized Zoning Representative �G 1,41.6
Printed Name a/3 AC_t� .�v
Telephone Number and email address .3 O
Signature
Date 3 /! - o
Updated Department ofAgriculture Craft Grower Application page 8 of 14