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Record #: SO2021-3249   
Type: Ordinance Status: Passed
Intro date: 7/21/2021 Current Controlling Legislative Body: Committee on Zoning, Landmarks and Building Standards
Final action: 9/20/2021
Title: Amendment of Municipal Code Chapters 17-3, 17-4, 17-5, 17-7, 17-9 and 17-14 regarding standards and requirements for cannabis-related establishments
Sponsors: Lightfoot, Lori E.
Topic: MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 3 Business & Commercial Districts, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 4 Downtown Districts, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 5 Manufacturing Districts, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 7 Overlay Districts, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 9 Use Regulations, MUNICIPAL CODE AMENDMENTS - Title 17 - Chicago Zoning Ordinance - Ch. 14 Administration
Attachments: 1. SO2021-3249.pdf, 2. O2021-3249.pdf

SUBSTITUTE ORDINANCE

 

WHEREAS, The City of Chicago adopted a zoning ordinance for cannabis business establishments in a slow and gradual manner; and

WHEREAS, The City's zoning regulations for the first phase of such establishments was adopted with the intention to revise the zoning regulations as cannabis business laws continued to evolve at state level; and

 

WHEREAS, Previously, there were no social equity cannabis dispensaries eligible to operate in the City. However, it is anticipated that there will now be 119 such dispensaries eligible to operate in the Chicago-Naperville-Elgin BLS Region; and

WHEREAS, This ordinance increases the areas available in the City forthe location of cannabis business establishments, ensuring that social equity cannabis businesses would be able to operate in the City; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

 

SECTION 1. Section 17-3-0200 of Title 17 ofthe Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

17-3-0207 Use Table and Standards.

 

USE GROUP

Zoning Districts

Use Standard

Parking Standard

Use Category

B1

B2

B3

C1

C2

C3

 

 

 

Specific Use Type

 

 

P = permitted by right S = special use approval required PD = planned development approval required - =

not allowed

(Omitted pari of this table is unaffected by this ordinance)

OTHER

(Omitted part of this table is unaffected by this ordinance)

AAA. Cannabis Business Establishments

1.

Adult Use Cannabis Dispensary

-

-

-

s-

S

s

17-9-0129

17-10-0207-M

2.

Medical Cannabis Dispensary

-

-

-

s-

s

s

17-9-0129

17-10-0207-M

3.

CannabisCraft Grower

-

-

-

S-

s

s

17-9-0129

17-10-0207-M

4.

Cannabis Infuser

-

-

-

s-

s

s

17-9-0129

17-10-0207-M

5.

Cannabis Processor

-

-

-

s-

s

s

17-9-0129

17-10-0207-M

(Omitted part of tfus table is unaffected by this ordinance)

 

 

 

 

 

SECTION 2. Section 17-4-0200 of Title 17 of the Municipal Code of Chicago, the ChicagoZoning Ordinance, is hereby amended by deleting the struck through language

Page 1 of 7

 

 

and by inserting the underscored language, as follows:

(Omitted text is unaffected by this ordinance) 17-4-0207 Use Table and Standards.

 

USE GROUP

Zoning Districts

Use Standard

Parking Standard

Use Category

DC

DX

DR

DS

 

 

 

Specific Use Type

 

 

P = permitted by right S = specialuse approvalrequired PD = planneddevelopmentapproval required - =

not allowed N>

(Omitted part of this table is unaffected by this ordinance)

OTHER

(Omittedpart of this table is unaffected by this ordinance)

AAA. CannabisBusiness Establishments

1.

Adult Use Cannabis Dispensary

S

S

-

s-

17-9-0129

17-10-0208

2

Medical Cannabis Dispensary

S

s

-

s-

17-9-0129

17-10-0208

3.

CannabisCraft Grower

S

s

,-

s-

17-9-0129

17-10-0208

4.

Cannabis Infuser

S

s

-

s-

17-9-0129

17-10-0208

5.

Can n abis Processor

S

s

-

s-

17-9-0129

17-10-0208

(Omitted part of this table is unaffected by this ordinance)

 

SECTION 3.Section 17-5-0200 of Title 17 ofthe Municipal Code of Chicago.the Chicago Zoning Ordinance, is hereby amended by inserting the underscored language, as follows:

(Omitted text is unaffected by this ordinance) 17-5-0207 Use Table and Standards.

 

USE GROUP

Zoning Districts

Use Standard

Parking Standard

Use Category

M1

M2

M3

 

 

 

Specific Use Type

 

 

P = permitted by right S = special use approval required PD = planneddevelopmentapprovalrequired - =

not allowed

(Omitted part of this table is unaffected by this ordinance)

OTHER

(Omitted part of this table is unaffected by this ordinance)

LL. Cannabis Business Establishments

1.

CannabisCultivation Center

-

P/S

P/S

17-9-0129

17-10-0207-U

2.

CannabisCraft Grower

-

P/S

P/S

17-9-0129

17-10-0207-U

3

Cannabislnfuser

-

P/S

P/S

17-9-0129

17-10-0207-U

4.

Cannabis Processor

-

P/S

P/S

17-9-0129

17-10-0207-U

(Omitted part of this table is unaffected by this ordinance)

 

 

 

 

 

 

Page 2 of .7

 

 

SECTION 4. Section 17-7-0100 of Title 17 of the Municipal Code of Chicago, Ihe , Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

 

17-7-0560 Adult Use Cannabis Dispensary Exclusion Zone-04str4Gts

 

17-7-0561 Purpose. Provide for distribution throughout the City of adult use cannabis dispensaries, excluding To exclude an area in and around the central business district which, because of its unique character, configuration and intensive pedestrian, tourism and entertainment related traffic, presents a higher level of congestion, public safety, and security concerns. The area in which adult use cannabis dispensaries are prohibited is bounded by tho parcels adjacent to tho north side of Division Street to tho north, Lake Michigan to tho east, tho parcels adjacent to the south side of Van Buron Street to the south, tho South Branch ofthe Chicago Riverto tho wost and tho parcels adjacentto the west side of State Street to the west when north ofthe Main Branch of the Chicago River. The areas described in Section 17-7-0562 of this Code definetheCannabisZone Districts in which adult use cannabis dispensaries may be established.

 

 

17-7-0562 Exclusion Zone Boundaries. The area in which adult use cannabis dispensaries are prohibited is bounded by the parcels adjacent to the following area: beginning at the intersection of the west side of State Street and the north side of Division Street; then east on the north side of Division streetto the east side of Michigan Avenue; then south on the east side of Michigan Avenue to the north side of Ohio Street; then east on the north side of Ohio Steet extended to Lake Michigan; then south along the shoreline of Lake Michigan to the south side of Illinois Street extended; then west on the south side of Illinois Street extended to the east side of Michigan Avenue; then south on the east side of Michigan Avenue to the south side of 16th Street; then west on the south side of 16th Street to the west side of Michigan Avenue; then north on the west side of Michigan Avenue to the south side of Van Buren Street; then west on the south side of Van Buren Street to the west side of State Street; then north on the west side of State Street to the place of beginning.

The Cannabis Zone Districts are defined and identified, as follows:

North District is bounded by the city limits to the north, Lake Michigan to the oast, Division Street to the south and Interstates 90/94 and 94 to the west; provided, however, adult use cannabis dispensaries shall not bo allowed within tho parcels adjacent to the north side of Division Street-Central District is bounded by Division Street to tho north, Lake Michigan to the east,

 

the wost; provided, however, adult use cannabis dispensaries shall not be a flowed within the aroa bounded-by-tho parcels adjacent to tho south side of Division-Street to tho north-;

Page 3 of 7

 

 

1ieh4§an--to the east, tfre-oafoels-ao'jacent to the sou-th side of Va-R-Buren Street-to tbe-south, tiro-South Branch ofth e-Gfoica go-River to the west and the parcels adjacon-t-to t&e-west-sfe^-of-S-tate Street to the west when-north of the Main Branch of the Chicago River.

 

 

Southeast Distfiet is bounded by Interstate 55 to the north (and extended east to Lake )rLake-Miohigan to tho oastr&fl* Stroot to tho south and Intorstatos 90/94 and

 

 

 

Far South District is bounded by 87"* Street to the north, Lake Michigan to the east an4 the city limits to the south and west-

 

 

Southwest District is bounded by Interstate 55 to the north, Interstates 90/94 and 94 to the east, 87*** Street to the south and the city limits to the west-

 

 

West District is bounded by Division Street to the north, Interstates 90794 to tho oast, Interstate 55 to the south and the city limits to the west-

 

 

Northwest District is bounded by the city limits to the north, Interstates 90/94 and 94 to tho oast, Division Street to the south and the city limits to the west.

SECTION 5. Section 17-7-0100 of Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by deleting Figure 17-7-0560 in its entirety and by replacing it with a new Figure 17-7-05560, as follows:

 

Figure 17-7-0560

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 4 of 7

 

 

V

 

 

f~l CannabioZono Dictnct boundaries

[H Adult Use Cannabis Dispensary exclusion zone

(note: this map is provided for illustrative purpose only; Cannabis Zone Dictnct and Adult Use Cannabis Dispensary exclusion zone boundaries may beamendedonly through text amendment procedures)

 

(Omitted text is unaffected by this ordinance)

 

SECTION 6. Section 17-9-0100 of Title 17 of the Municipal Code of Chicago, the Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

 

17-9-0129 Cannabis Business Establishments. Cannabis business establishments shall comply with the following standards:

 

(Omitted text is unaffected by this ordinance)

 

 

Page 5 of 7

 

 

A. On or aftef-xJanuary 1, 2020, no-moro than sovon adult-use cannabis-dispensary

flSf^iguro 1^XS^Q)^€l-m-Soction 17 7 0562 of this Code. On of-aftor May 1, 2020, the number of adult use camabis dispensary special uses may be increased to no more than 14 in any Cannabis Zone District. On or aftor January 1, 2021, the Commissionerof the Department of Planning and Developmontis authorized to presentto fee City Council recommendations for adjustments to tho boundaries and terms of the adult use cannabis dispensary exclusion zone specified in Section 17-7-0561, the boundaries of the Cannabis Zone Districts or the number of adult use cannabis dispensary special uses. Before making such recommendations, the Commissioner shall conduct a land use impact evaluation study which mustassess: (i) the boundaries and terms ofthe adultuse cannabis dispensary exclusion zone; (ii) tho boundaries of the Cannabis Zone Districts; and, (iii) the impact of adult use cannabis disponsaries on the neighborhood adjacontto such uses through the evaluation of relevant social, economic and demographic information, including, but not limited to, population, crime, property values, traffic patterns, tourism and commerce. The Commissioner shall post such land use impact evaluation study on tho Department's publicly accessible website. Same site located adult use cannabis dispensaries established pursuantto Section 17-9-0129.3 of this Code, or the retail sales of cannabis products established pursuantto Section 17-9-0129.2 of this Code, shall be included in counting towards tho caps provided in this Section.

 

4§. A cannabis infuser or cannabis processor may share enclosed facilities with cannabis craft growing, processing or dispensing organizations, provided all cannabis and currency is separately stored and secured.

 

56. No cannabis business establishment which reguires a special use may operate in any planned development prior to such use being reviewed and approved as a special use by the Zoning Board of Appeals.

 

6. A cannabis cultivation center, cannabis craft grower, cannabis infuser or cannabis processor is a permitted use by-right in "M2" and "M3" districts if such use is located more than 660 feet from any residential district. Special use approval is reguired for a cannabis cultivation center, cannabis craft grower, cannabis infuser or cannabis processor in "M2" and "M3" districts when such use is located within 660 feet of any residential district.

 

 

(Omitted text is unaffected by this ordinance)

 

SECTION 7.Section 17-14-0300 of Title 17 ofthe Municipal Code of Chicago, Ihe Chicago Zoning Ordinance, is hereby amended by deleting the struck through language and by inserting the underscored language, as follows:

 

(Omitted text is unaffected by this ordinance)

 

 

the Chairman of the Zoning Board of Appeals is auth-erized to conduct one or mofe-

Page6of7

 

tette4 dispe B©ar-€

 

17-14-0303-FG In addition to the requirements of Chapter 2-154 of this Code, the Chairman of the Zoning Board of Appeals may require any such additional information from anyapplicantwhich isreasonablyintendedto achievefull disclosurerelevantto their associated application under consideration by the Zoning Board of Appeals.

 

17-14-0303-GJ4 Subject to applicable law, cannabis business establishments shall include, as a part of any special use application to the Zoning Board of Appeals, copies of all information submitted to the State of Illinois in application for a license to operate underthe State of Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) or the State of Illinois' Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 etseq.).

 

17-14-0303-HJ Upon the Office ofthe City Clerk receiving a legally sufficient petition that complies with Section 55-28 ofthe State of Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/55-28) requesting the creation of a Restricted Cannabis Zone, as defined in said Section, for the prohibition of one or more types of cannabis business establishments, there shall be a 90-day stay of applicable prospective and pending special use applications, and all other associated proceedings, before the Zoning Board of Appeals.

 

(Omitted text is unaffected by this ordinance)

 

SECTION 8. This ordinance shall take effect upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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