ORDINANCE NO. O-24-002
CITY’S SIGN CODE IN CHAPTER 13 OF THE CITY CODE, RELATED
TO CANNABIS BUSINESS ESTABLISHMENTS
WHEREAS, the City of Wood Dale (the “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, the City is authorized and empowered, under the Illinois Municipal Code and the Code of Ordinances of the City of Wood Dale (“City Code”), to regulate land use and signage located within the municipal boundaries of the City; and
WHEREAS, in furtherance of this authorization, the City has adopted a Unified Development Ordinance, codified in Chapter 17 of the City Code (the “UDO”), which sets forth provisions regarding land use and development in the City as well as Chapter 13 of the City Code (the “Sign Code”), which sets forth provisions regarding signage in the City; and
WHEREAS, currently all recreational cannabis business establishments and related signage are prohibited in all zoning Districts in the City; and
WHEREAS, upon further review, the City determined to initiate certain amendments to the UDO and the Sign Code related to the allowance of recreational cannabis dispensaries in certain zoning Districts in the City; and
WHEREAS, the City initiated amendments to the City’s UDO and Sign Code proceeded to a public hearing before the City’s Community Development Commission, upon publication of a legal notice, in accordance with law, on January 22, 2024 under Case No. CDC-2024-0001; and
WHEREAS, at the conclusion of Case No. CDC-2024-0001, the CDC recommended denial of the proposed UDO and Sign Code amendments, as the proposed amendments failed to receive the requisite number of affirmative votes for a recommended approval; and
WHEREAS, the matter proceeded to consideration before the City’s Planning, Zoning and Building Committee (“PZB Committee”) on February 8, 2024 and the PZB Committee voted to recommend approval of the proposed UDO and Sign Code Amendments, with additional proposed changes, all of which are attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the City Council of the City of Wood Dale has reviewed the matter and based on the testimony presented and recommendations and findings of City Staff, the City Council hereby finds that the proposed amendments to the UDO and the City’s Sign Code related to cannabis business establishments, as presented in Exhibit A, are consistent with the Comprehensive Plan; are in keeping with the purpose and intent of the UDO and the City’s Sign Code; are in promotion of the health, comfort, safety, and general welfare of the City’s community; and the City Council further adopts the findings of fact included within the Staff memo dated January 22, 2024 as additional findings of the City Council as they relate and apply to Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOOD DALE, DUPAGE COUNTY, ILLINOIS, as follows:
SECTION ONE: The recitals set forth above are incorporated herein and made a part hereof.
SECTION TWO: That the UDO and Sign Code amendments related to cannabis business establishments, as fully set forth in Exhibit A, are hereby adopted.
SECTION THREE: That all ordinances or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed.
SECTION FOUR: That the City Clerk of the City of Wood Dale is hereby directed to publish this Ordinance in pamphlet form, pursuant to the statutes of the State of Illinois.
SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law.
SECTION SIX: That if any provision or clause of this Ordinance or Exhibit A or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Ordinance or Exhibit A, which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance or Exhibit A are severable.
PASSED this 15th day of February, 2024
AYES: ______________
NAYS:_______________
ABSENT:_____________
APPROVED this 15th day of February, 2024
SIGNED:_________________________________
Annunziato Pulice, Mayor
ATTEST:_________________________________
Lynn Curiale, City Clerk
Published in pamphlet form __________________, 2024
EXHIBIT A
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Sec. 17.103. Rules and Definitions
CANNABIS | Shall have the same definition as “cannabis” set forth in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS BUSINESS ESTABLISHMENT | Means a “cannabis business establishment,” “infuser organization,” or “infuser”, as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended, and such other cannabis business establishments authorized under the Act, as amended. |
RECREATIONAL CANNABIS CULTIVATION CENTER | Means “cultivation center” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS CRAFT GROWER | Means “craft grower” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS DISPENSARY, MEDICAL | A business regulated and authorized by the State of Illinois to sell legal quantities of cannabis derived products, including marijuana, to patients who are also authorized by the State of Illinois to purchase cannabis. |
CANNABIS DISPENSARY, RECREATIONAL | A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or 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. |
CANNABIS INFUSER | Means “infuser organization” or “infuser” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS TRANSPORTER | Means “transporting organization” or “transporter” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
CANNABIS PROCESSER | Means “processing organization” or “processer” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. |
MEDICAL MARIJUANA CANNABIS CULTIVATION CENTER: | A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. |
MEDICAL MARIJUANA DISPENSARY: | A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purposes of dispensing cannabis, paraphernalia, or related supplies and education materials to registered qualifying patients. |
ON-PREMISES CANNABIS CONSUMPTION ESTABLISHMENT | means a cannabis business establishment or other entity that is authorized or permitted to allow the on-premises consumption of cannabis. |
Sec. 17.308.
Medical Cannabis
1. Purpose and Applicability: It is the intent and purpose of this Section 17.308.A to provide regulations regarding the dispensing of adult-use cannabis occurring within the corporate limits of the City of Wood Dale. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and 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.
2. Recreational cannabis dispensaries shall be subject to the following regulations:
b. No dispensaries shall be located, established, maintained, or operated on property zoned for residential use, in a house, apartment, or condominium, or on any lot that has a property line within 1,000 feet of the property line of any pre-existing school.
c. All product storage, display, and sales must be conducted inside an enclosed building.
d. Drive-through and window sales are prohibited.
e. No cannabis odor shall be detectable outside of any Dispensary.
f. Display of cannabis products or paraphernalia must not be visible from sidewalks, public or private rights-of-way, or from a lot other than the lot on which the dispensary is located.
g. The number of dispensaries shall be limited through the issuance of the Commercial Occupancy Certificate, per Chapter 4 of the Municipal Code.
h. Applicants must 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 application. Before issuance of a Certificate of Commercial Occupancy or otherwise opening to the public, dispensaries must provide a copy of their license to operate as a Recreational Cannabis Dispensary from the appropriate state agency.
i. Consumption of cannabis products is prohibited on dispensary premises.
j. There shall be no more than one public entrance to the business.
k. Signage shall be regulated by Sec. 13.602.B.11.
l. Cannabis dispensing facilities shall only operate between the hours of 6:00 a.m. and 10:00 p.m.
m. An operation plan must be submitted. An operation plan must include, but is not limited to, the security measures that will be provided such as exterior lighting, security cameras, and hours of operation.
B. Recreational cannabis cultivation centers, cannabis craft growers, cannabis infusers, cannabis transporters, cannabis processers, and on-premises cannabis consumption establishments are prohibited.
C. Medical cannabis dispensaries.
1. Purpose and Applicability: It is the intent and purpose of this Section 17.308.C to provide regulations regarding the dispensing of medical cannabis occurring within the corporate limits of the City of Wood Dale. Such facilities shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Program Act (P.A. 101-363), as it may be amended from time-to-time, and 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.
2. Medical cannabis dispensaries shall be subject to the following regulations:
a. Compliance with state law and regulations. Medical cannabis dispensing facilities shall comply with the requirements of the Compassionate Use of Medical Cannabis Program Act (P.A. 101-363, et seq.) and all regulations promulgated thereunder, as may be amended from time to time.
b. All medical cannabis dispensaries shall also meet the regulations for recreational cannabis dispensaries listed in Sec. 17.308.A.
A. Medical cannabis dispensing facilities. In determining the compliance of a proposed medical cannabis dispensing facility, the following components of the medical cannabis dispensing facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:
1. The issuance or absence of issuance of a valid registration as a medical cannabis dispensing facility by the Illinois Department of Financial and Professional Regulation to the proposed medical cannabis dispensing facility.
2. The existing number of medical cannabis dispensing facilities, if any, located within the dispensing organization district within which the City of Wood Dale is located as established by the regulations of the Illinois Department of Financial and Professional Regulation.
3. The existing number of medical cannabis dispensing facilities, if any, located within the City of Wood Dale.
4. Compliance by the medical cannabis dispensing facility with the following restrictions:
a. Compliance with state law and regulations. Medical cannabis dispensing facilities shall comply with the requirements of the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1, et seq.) and all regulations promulgated thereunder, as may be amended from time to time.
b. Single-use property. Medical cannabis dispensing facilities shall not be established in multiple-use or multi-tenant properties or on a property that shares parking with other uses.
c. Minimum distance from incompatible uses. No medical cannabis dispensing facility shall be located, established, maintained, or operated on property zoned for residential use, in a house, apartment, or condominium, or on any lot that has a property line within 1,000 feet of the property line of any of the following uses:
(A) A pre-existing public or private preschool or elementary or secondary school; or
(B) A pre-existing day care center, day care home, group day care home or part day childcare facility.
d. Measurement. For the purposes of this Section (17.308.A.), distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis dispensing facility is located to the nearest point on a property line of a use listed in Subsection (17.038.A.4.c.), above.
e. Hours of operation. Medical cannabis dispensing facilities shall only operate between the hours of 6:00 a.m. and 8:00 p.m.
f. Drive-through windows. Medical cannabis dispensing facilities shall not dispense medical cannabis or other products through a drive-through window.
g. An operation plan must be submitted. An operation plan must include, but is not limited to, the security measures that will be provided such as exterior lighting, security cameras, and hours of operation.
h. The dispensing organization shall be the primary use of the tenant space in which it is located. Retail sales occurring within said facilities shall be accessory to the facility’s intended use as a dispensing organization and shall not occupy greater than ten percent of the total square footage of the facility.
i. Signage regulations:
(A) No outdoor, window, or on-site media display of merchandise and/or products related to a dispensing facility allowed.
(B) No exterior signage that includes the words “marijuana,” “cannabis,” or any related word or symbol.
(C) A sign must be posted at or near all entrances that includes the following language: “Only cardholders, designated caregivers, and staff may enter these premises. Persons under the age of 18 are prohibited from entering.”
j. Parking must be visible from the public road or private road in which it is accessible. It cannot be screened from the roadway with vegetation, fencing, or anything of similar nature.
1. In determining the compliance of a proposed medical cannabis cultivation center, the following components of the medical cannabis cultivation center shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:
d. Measurement. For the purposes of this Section (17.308.B.), distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis cultivation center is located to the nearest point on a property line of a use listed in Subsection (17.308.B.4.c.), above.
Sec. 17.404: 4-5 Permitted Use Table
LAND USE TABLE | R-1 | R-2 | R-3 | R-4 | R-G | C-1 | C-2 | C-2a | C-3 | TCB | I-1 | TCC | TIO |
Medical marijuana cannabis cultivation centers | S | S | S | ||||||||||
Medical marijuana cannabis dispensaries | S P | P | P | ||||||||||
Recreational cannabis dispensaries | P | P | P | P | P | P | P |
Sec. 17.503. F Table 5-4: Off Street Parking Requirements:
Medical marijuana cultivation centers | 4 spaces per 1,000 square feet |
Medical marijuana Cannabis dispensaries (Medical & Recreational) | 4 spaces per 1,000 square feet |
Medical Cannabis cultivation center (Medical) | 2 spaces per 1000 square feet (any office area calculated at 4 spaces per 1,000 square feet). |
SIGN CODE
Sec. 13.602. Nonresidential Districts
B. Additional Regulations For Signs In Nonresidential Districts:
11. Cannabis dispensaries (Medical and Recreational):
a. Signage for the dispensary business shall not include any pictures or images of cannabis or the smoking of the product.
b. No outdoor, window, or on-site media display of merchandise and/or products related to a dispensing facility allowed.
c. No exterior signage that includes the words “marijuana,” “cannabis,” or any related word or symbol.
d. Signage shall be posted at or near all entrances indicating the restriction that no one under 21 years of age may enter the business. Cardholders granted medical access under the Medical Cannabis Act over eighteen (18) years of age may access medical cannabis dispensing area only.