HomeMy WebLinkAbout25-O-24 Text Amendment Amending Section 6-4-11-3 of the Code to Modify Operating Hours for Cannabis Dispensaries
2/12/2024
25-O-24
AN ORDINANCE
Text Amendment Amending Section 6-4-11-3 of the Code to Modify
Operating Hours for Cannabis Dispensaries
WHEREAS, the City of Evanston is a home-rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970,
states that the “powers and functions of home rule units shall be construed liberally,”
was written “with the intention that home rule unit be given the broadest powers
possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and
WHEREAS, it is a well-established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and,
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and,
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and
WHEREAS, the City has initiated a text amendment to Section 6-4-11-3 of
the Zoning Ordinance (“Code Amendments”) pursuant to Section 6-3-4-6 of the City
~1~
Page 1 of 5 Doc ID: 4d30d8e03369146109fb24303dd8a71a5c6d192d
25-O-24
~2~
Code, whereby the allowed operating hours of cannabis dispensaries in the City will be
modified; and
WHEREAS, following due and proper publication of notice in Evanston
Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor
more than thirty (30) days prior thereto, on January 10, 2024, the Evanston Land Use
Commission (“LUC”) held a public hearing, regarding case no. 23PLND-0071 to
consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as
amended (the “Zoning Ordinance”), to consider the proposed Code Amendment at
which evidence, testimony, and exhibits in support of the Code Amendment were
presented, and at which interested parties were provided the opportunity to provide
public comment; and
WHEREAS, the LUC received testimony and made written findings
pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments
met the Standards for Amendments, and by a vote of six (6) “yays” and zero (0) “nays,”
with three (3) Commissioners absent, recommended City Council approval thereof with
the below findings incorporated into the record:
1. Whether the proposed amendment is consistent with the goals, objectives and
policies of the Comprehensive General Plan as adopted and amended from time
to time by the City Council: The Commission reviewed that the City wants
businesses to thrive and be competitive and also generate tax revenue for the
City. Expanding hours does meet that goal, so the standard is met.
2. Whether the proposed amendment is compatible with the overall character of
existing development in the immediate vicinity of the subject property: The
Commission cited that presently there are two existing dispensaries with
approved Special Uses that have not posed issues with fitting into the character
of the immediate vicinity. If during the Special Use process for the existing or new
dispensaries the Commission or City Council were to find potential issues, they
could be addressed during that time, so the standard is met.
Page 2 of 5 Doc ID: 4d30d8e03369146109fb24303dd8a71a5c6d192d
25-O-24
~3~
3. Whether the proposed amendment will have an adverse effect on the value of
adjacent properties: The Commission said this can also be addressed in the
Special Use process for each dispensary and mitigate potential effects on the
value of adjacent properties, so the standard is met.
4. The adequacy of public facilities and services: The Commission again noted that
this would be reviewed during the Special Use process, however, the extension
of hours does not necessarily impact the adequacy of public facilities and
services, so the standard is met.
WHEREAS, at its meeting of February 12, 2024, the Planning and
Development Committee of the City Council (“P & D Committee”) considered and
adopted the findings and recommendation of the LUC in case no. 23PLND-0071 and
recommended City Council approval thereof; and
WHEREAS, at its meetings of February 12, 2024 and February 26, 2024,
the City Council considered and adopted the respective records, findings, and
recommendations of the LUC and the P & D Committee, as amended,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Section 6-4-11-3 of the Zoning Ordinance, “Cannabis
Dispensaries” of the Evanston City Code of 2012, as amended, is hereby amended as
follows:
6-4-11-3. - CANNABIS DISPENSARIES.
(A) Special Uses: The approval for cannabis dispensary businesses shall only be
allowed as a Special Use in RP, D1, D2, D3, D4, C1a, C1, C2, B1a, B2, B3, and O1
Zoning Districts as well as the oDM, oCSC and oH Zoning Overlay Districts. Cannabis
dispensaries shall be prohibited in all R, B1, M, T, U, I, WE1 and OS zoning districts
as well as within any dwelling unit or rooming unit.
Page 3 of 5 Doc ID: 4d30d8e03369146109fb24303dd8a71a5c6d192d
25-O-24
~4~
(B) Distance Requirement: Any cannabis dispensary shall not be located within one
thousand five hundred (1,500) feet of another cannabis dispensary or five hundred
(500) feet of a pre-existing public or private educational institution that is an
elementary, middle, or high school, as measured from lot line to lot line.
(C) Distance Requirement Measurement: The distance requirement shall be measured
from the nearest property lines of each property the cannabis dispensary is located
on.
(D) Hours of Operation: Cannabis Dispensaries shall only be permitted to operate
between the hours of 10 9:00 a.m. and 8 9:00 p.m., unless further regulated as a
condition of special use approval, seven (7) days out of the week.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
SECTION 6: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Page 4 of 5 Doc ID: 4d30d8e03369146109fb24303dd8a71a5c6d192d
25-O-24
~5~
Introduced: _________________, 2024
Adopted: ___________________, 2024
Approved:
__________________________, 2024
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra Ruggie, Interim Corporation
Counsel
February 12
February 26 February 26
Page 5 of 5 Doc ID: 4d30d8e03369146109fb24303dd8a71a5c6d192d