File #: 19-689    Version: 1
Type: Petitioner Request Status: Agenda Ready
File created: 7/3/2019 In control: City Council
On agenda: 7/16/2019 Final action:
Title: Consider the petitioners' request for the City of Naperville to authorize the retail sale of adult-use cannabis and: Option 1: Direct staff to prepare an ordinance amending the zoning code to allow the City Council to consider allowing the local retail sale of adult-use cannabis, including appropriate Planning and Zoning Commission review; or Option 2: Direct staff to prepare necessary documentation for the City to consider prohibiting (opting out) of allowing the local retail sale of adult-use cannabis; or Option 3: Direct staff to administer a community engagement survey on the topic of whether to allow the local retail sale of adult-use cannabis and report findings at a future meeting.
Attachments: 1. Petitioner Email, 2. Ordinance 13-162
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Consider the petitioners' request for the City of Naperville to authorize the retail sale of adult-use cannabis and:

Option 1: Direct staff to prepare an ordinance amending the zoning code to allow the City Council to consider allowing the local retail sale of adult-use cannabis, including appropriate Planning and Zoning Commission review; or

Option 2: Direct staff to prepare necessary documentation for the City to consider prohibiting (opting out) of allowing the local retail sale of adult-use cannabis; or

Option 3: Direct staff to administer a community engagement survey on the topic of whether to allow the local retail sale of adult-use cannabis and report findings at a future meeting.
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DEPARTMENT: City Clerk's Office

SUBMITTED BY: Mike DiSanto, City Attorney; Pam Gallahue, PhD, Director-City Clerk; and Allison Laff, TED Deputy Director

BOARD/COMMISSION REVIEW:
N/A

BACKGROUND:

Medical Cannabis
In August 2013, the State of Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act. This Act, which pertains to the cultivation and dispensing of medical cannabis for use in serious diseases causing chronic pain and debilitating conditions became effective on January 1, 2014. Per this Act, cultivation centers and dispensing facilities will be permitted to locate within any municipality, subject to the limitations imposed by the Act. If so desired, municipalities were permitted to impose more stringent zoning regulations pertaining to allowable locations of such facilities, provided that no local ordinance could prohibit these facilities outright.

Accordingly, in 2013, Ordinance 13-162 was enacted by City Council to reflect the following:

1. Cultivation centers are permitted as conditional uses in the RD, ORI, and I zoning districts;
2. Dispensing organizations are permitted as conditional uses in the B2, B3, and HS districts;
3. Dispensing organizations are permitted by right in the...

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