Title
Ordinance amending Chapter 151: Unified Development Ordinance of the Lake County, Code of Ordinances relating to the regulation of Adult-Use Cannabis Businesses.
Staff Summary
• At the direction of the Lake County Board, the Lake County Zoning Board of Appeals (ZBA) conducted public hearings on April 19 and April 21, 2021 to consider proposed text amendments to allow adult-use cannabis businesses in the unincorporated area subject to restrictions. The ZBA unanimously recommended approval (with modifications) of the proposed amendments as reflected in Exhibit A.
• At the April 28, 2021 PWPT Committee meeting, additional edits to the amendments were proposed as reflected in Exhibit B.
• The combined recommended amendments have been formatted into a consolidated document ready for codification as reflected in Exhibit C.
• The Ordinance will become effective upon County Board adoption of Exhibit C.
Body
ORDINANCE
WHEREAS, the Lake County Board adopted the Unified Development Ordinance of Lake County, Illinois on April 11, 2000; and
WHEREAS, the Lake County Board incorporated the Lake County Unified Development Ordinance into the Lake County, Illinois Code of Ordinances as Chapter 151 of the Lake County, Illinois Code of Ordinances on February 10, 2015; and
WHEREAS, the regulations specified in Chapter 151 of the Lake County Code are being implemented and require a periodic review, and revisions may be necessary to these regulations; and
WHEREAS, the Cannabis Regulation and Tax Act allows for the establishment of adult-use cannabis businesses in Illinois and permits the production, sale, and consumption of adult-use cannabis products within the State since January 1, 2020; and
WHEREAS, the Act authorizes local governments (including counties) to enact “reasonable zoning regulations” to mitigate any impacts from adult-use cannabis businesses; and
WHEREAS, upon adoption of the Act on June 25, 2019, the Planning, Building and Development Department convened a multi-jurisdictional adult-use cannabis model zoning ordinance task force to develop a series of model regulatory tools (including model regulations to ban or permit adult-use cannabis businesses within a local government’s jurisdiction) in accordance with the Act; and
WHEREAS, the Planning, Building and Development Department prepared draft ordinance text amendments, adapted from the task force’s model regulations and additional research on best practices, which would permit adult-use cannabis businesses in the unincorporated area subject to restrictions and recommends the text of the Lake County Code be amended; and
WHEREAS, in order to facilitate such public engagement and policy evaluation, the Public Works, Planning and Transportation Committee was of the opinion that necessary steps should be taken by the Lake County Board to initiate the public hearing process; and
WHEREAS, the Lake County Board directed the Lake County Zoning Board of Appeals to conduct a public hearing on the proposed amendments on February 9, 2021; and
WHEREAS, public hearings have been held by the Lake County Zoning Board of Appeals pursuant to the Statutes of the State of Illinois on the petitions of the County of Lake, which seeks to amend the text of Chapter 151 of the Lake County, Illinois Code of Ordinances; and
WHEREAS, your Zoning Board of Appeals, after reviewing the testimony presented at the public hearings on the aforesaid petition, has submitted its report thereon to the County Board and recommends by a vote of 7 - 0 that the proposed text amendments specified as Exhibit A be approved; and
WHEREAS, your Public Works, Planning and Transportation Committee duly considered the proposed text amendments aforedescribed and recommends that the text amendments be approved as specified in Exhibit B.
NOW, THEREFORE, BE IT ORDAINED by the Lake County Board that the amendments to Chapter 151 of the Lake County, Illinois Code of Ordinances as attached in Exhibit C be adopted and be made effectively immediately; and
BE IT FURTHER ORDAINED that the Clerk of the County Board shall keep a record of this action.
DATED, AT WAUKEGAN, LAKE COUNTY, ILLINOIS, this 11th day of May, 2021.