2019-10-21 - Ordinance 2019-054 - AMENDING THE BUFFALO GROVE ZONING ORDINANCE BY THE ADDITION OF REGULATIONS REGARDING ADULT-USE CANNABIS IN THE VILLAGE OF BUFFALO GROVE ORDINANCE NO. 2019 - 054
AN ORDINANCE AMENDING THE BUFFALO GROVE ZONING ORDINANCE BY
THE ADDITION OF REGULATIONS REGARDING ADULT-USE CANNABIS
IN THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village of Buffalo Grove, Illinois, has enacted Municipal Code
Regulations for the purpose of improving and protecting the public health, safety, comfort,
convenience and general welfare of the people; and
WHEREAS, the State of Illinois enacted the Cannabis Regulation and Tax Act (Act),
which pertains to the possession, use, cultivation, transportation and dispensing of adult-use
cannabis,which became effective June 25, 2019; and
WHEREAS,pursuant to the Act, the Village may enact reasonable zoning ordinances or
resolutions not in conflict with the Act, regulating cannabis business organizations, including
rules adopted governing the time,place,manner and number of cannabis business organizations,
and minimum distance limitations between cannabis business organizations and locations the
Village deems sensitive; and
WHEREAS, on August 5, 2019, at the Village Board meeting, a policy question was
asked whether the Village of Buffalo Grove should allow adult-use cannabis organizations
within its corporate limits; discussion on the policy question followed; and
WHEREAS, the Village staff has researched the regulations on adult-use cannabis if
allowed in the Village; and
WHEREAS, on August 5, 2019, the Village Board initiated an amendment to Title 17
(Zoning Ordinance) to review and consider additional amendments to further regulate adult-use
cannabis organizations within the Village; and
WHEREAS, the Planning and Zoning Commission recommended approval of the
proposed amendments to Chapter 17.44.040 et seq. (Zoning Ordinance) on October 2, 2019.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
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Section 1. The foregoing recitals are hereby adopted and incorporated into and made a
part of this Ordinance as if fully set forth herein.
Section 2. Title 17.28.080 (Special Use for Adult-Use Cannabis) of the Village Zoning
Ordinance is hereby amended by adding the underlined language:
17.28.80 a. Adult-Use Cannabis Business Organizations: An adult-use cannabis
dispensary as defined in Section 17.28.80-b. Adult-Use Cannabis Business
Organization shall not include a cultivation center, craft grower,processing
organization, infuser organization or transporting organization as defined by the
Illinois Cannabis Regulation and Tax Act.
b. Adult-use cannabis dispensary: An adult-use cannabis dispensary shall
be defined as a facility operated by an or ar�ization or business that is licensed
by the Illinois Department of Financial and Professional Regulation to acquire
cannabis from licensed cannabis business organizations for the purpose of
sellingor r 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.
c. 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 Village. Such facilities shall comply with all
regulations provided in the Cannabis Regulation and Tax Act(P.A. 101-0027)
WAct), as it may be amended from time to time, in the 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__
d. Special Use. An adult-use cannabis dispensary, as defined herein shall
require an approval of a Special Use, which use may include a medical cannabis
dispensary as defined in Section 17.12.399 (Definition) and shall be processed in
accordance with Chapter 17.28 (Special Uses of this Title as provided herein
and shall be subject to the following conditions:
i. The adult-use cannabis dispensary must be operated by an
organization or business that is currently licensed by the Illinois
Department of Financial and Professional Regulation to operate a
medical cannabis dispensary under the Compassionate Use of
Medical Cannabis Pilot Program Act 410 ILCS 130 et seq.)
ii. The adult-use cannabis dispensary must keep a copy of the
dispensing organization agent identification card issued pursuant to
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the Com assionate Use of Medical Cannabis Pilot Program Act
visible at all times.
iii. There shall be no more than two adult-use cannabis dispensaries
permitted at any one time.
iv. The adult-use cannabis dispensary may not be located within 1,000
feet of the property line of a pre-existing public or private nursery
school, pre-school, primary or secondary school, day care center,
or day care home, museum, library and substance abuse treatment
or counseling center within the Village of Buffalo Grove corporate
limits. Notwithstanding the foregoing, an adult-use cannabis
dispensary will not be deemed to violate this Drovision if one of the
school related facilities locates within the 1,000 foot spacing after
the adult-use cannabis dispensary has been granted special use
approval by the Village. Learning centers and vocational/trade
centers shall not be classified as a public or private school for
purposes of this Section.
v. At least 85% of the floor area of any tenant space occupied by an
adult-use cannabis dispensar shall be devoted to the activities of
the dispensary as authorized by the Act.Any request for reduction
in floor area percentage shall be evaluated as part of the Special
Use request.
vi. For purpose of determining required parking, the adult-use
cannabis dispensary ensar shall be classified as a retail and wholesale
trade pursuant to Section 17.36.040 of the Zonin Ordinance-
provided however that the Village may require that additional
parking be provided as a result of the analysis completed through
the Special Use process.
vii. Other than cannabis-infused food products, no adult-use cannabis
dispensary shall also sell food for consumption on the premises in
the same tenant space.
viii. On-site consum tion of cannabis shall be prohibited within an
adult-use cannabis dispensary and on the premises. The dispensary
shall be responsible for enforcing the prohibition of on-site
consumption tion of cannabis under all circumstances inside and
outside the dispensary and on the premises.
ix. The adult-use cannabis dispensary may not conduct any sales or
distribution of cannabis other than as authorized bV the Act.
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x. No adult-use dispensary shall be maintained or operated in a
manner that causes creates or allows the public viewing of adult-
use cannabis cannabis-infused products or cannabis para p hernalia
or similar products from any sidewalk,public or private right-of-
way t-of-
way or any property other than the lot on which the dispensary is
located. NO Dortign of the exterior of the dispensary shall utilize or
contain any flashing lights, search lights or spot lights or any
similar lighting system.
xi. No adult-use cannabis dispensary nor any other person or entity
shall lace or maintain or cause to be placed or maintained an
advertisement of cannabis or cannabis-infused product in any form
or through any medium:
1. Within 1,000 feet of the perimeter of a pre-existing public or
private nursery school, pre-school,primary or secondary
school, day care center, or day care home within the Village of
Buffalo Grove corporate limits, or
2. On or in a public transit vehicle or public transit shelter; or
3. On or in publicly owned or publicly operated property.
All advertising shall comply with the rules and regulations set forth
in the Cannabis Regulation and Tax Act(P.A. 101-0027).
xii. Each adult-use dispensary shall prohibit any person who is not at
least twenty-one (21) years of age from enteringthe he dispensary,
except for cardholders granted medical access under the
Compassionate Use of Medical Cannabis Act over 18 years of age,
whose access shall be limited to the medical cannabis disp,ensin
area only. Dispensaries shall not employ anyone under the age of
twenty-one(21). Access to the dispensary shall be limited
exclusively, t�pensary staff and those specifically authorized
under the Cannabis Regulation and Tax Act (P.A. 101-0027).
e. Additional Requirements. As part of the Special Use application
requirements, Petitioner shall submit plans regarding installation of building
enhancements, such as security cameras, security systems, lighting or other
improvements to ensure the safety of employees and customers of the adult-use
cannabis dispensary, as well as its environs. Said improvements shall be
determined based on the specific characteristics of the dispensary and of the
floor Ian for an adult-use cannabis dis ensar�y and the site on which it is
located consistent with the rec uirements of the Act.
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i. The Special Use Applicant shall submit a complete copy of their
license application and all plans submitted to the State of Illinois
or any agency thereof, as part of their special use application.
Before issuance of a certificate of occupancy or otherwise opening
to the_publip,Adult-Use Cannabis Business Organizations must
provide a copy of their state license to operate as an adult-use
cannabis dispensary issued by the Illinois Department of Financial
and Professional Regglation.
ii. Petitioner shall file an affidavit with the Village affirming
com fiance with Section 17.28.80-c as_provided herein and all
other requirements of the Act.
iii. The Special Use Applicant shall submit additional information as
required by the Village duringthe he Special Use process.
f. Violation Penalties—Any violation of this Section 17.28.080
shall be punishable as provided in Section 1.08 and or Section 1.12 of this
Code.
Section 3. Chapter 17.44 entitled Business Districts is hereby amended by adding
Section 15 to Section 17.44.020.0 as follows:
15. Adult-use cannabis dispensary pursuant to Section 17.28.080,provided that they are
located on sites with frontage along the following major streets: Lake-Cook Road, IL Route 68
(Dundee Road) or IL Route 45 (Milwaukee Avenue).
Section 4. Chapter 17.44 entitled Business Districts is hereby amended by adding Section
23 to Section 17.44.030-C as follows:
23. Adult-use cannabis dispensary pursuant to Section 17.28.080,provided that they are
located on sites with frontage along the following major streets: Lake-Cook Road, IL Route 68
(Dundee Road) or IL Route 45 (Milwaukee Avenue).
Section 5. Chapter 17.48 entitled Office and Industrial Districts is hereby amended by
adding Section 29 to Section 17.48.020-C as follows:
29. Adult-use cannabis dispensary pursuant to Section 17.28.080
Section 6. No other type of adult-use cannabis business organizations shall be permitted
in Buffalo Grove.
Section 7. If any section, paragraph, clause or provision of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any other provision of this Ordinance.
Section 8. This Ordinance shall be in full force and effect from and after its passage and
approval.
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AYES: 5—Stein,Ottenbeimer, Johnson, Smith.,,Pike
NAYES: 1 -Weidenfeld
ABSENT: 0 - None
PASSED: October 21, 2019
APPROVED: October 2L 2019
APPROVED:
Beverly Su an, Village President
ATTEST:
Janet Si net Village Clerk