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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 c 1 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 2 1 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 3 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. 4 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 5 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 �- by�b 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