Kane County Board Adopts Ordinances Allowing Adult-Use Cannabis Businesses in Unincorporated Areas

Kane County Board Adopts Ordinances Allowing Adult-Use Cannabis Businesses in Unincorporated Areas

The Kane County Board on Tuesday (April 13, 2021) passed two ordinances paving the way for adult use cannabis business establishments in unincorporated areas of Kane County.

Kane County Board Chairman Corinne Pierog said the new ordinances have the potential to bring high-paying jobs, small-business growth and an infusion of new economic activity and revenues.

Corinne Pierog

“Tuesday’s action is a signal to small businesses and growers interested in locating in Kane County that we’re open for business,” she said. “Kane County’s population of more than 530,000, close proximity to Chicago and regional markets, multiple transportation routes and strong agricultural business sector make Kane County an ideal Midwest location.”

On Tuesday, the County Board rescinded a November 2019 ordinance that prohibited cannabis businesses in unincorporated areas. The board also passed an ordinance adopting text amendments to the Kane County Zoning Ordinance, defining reasonable regulations for adult-use cannabis business establishments in unincorporated areas.

The ordinances go into effect immediately.

Pierog emphasized that cannabis-related businesses will have to adhere to Kane County’s zoning ordinances and will be licensed and closely regulated by the state of Illinois. The businesses include state-licensed cultivation centers, craft growers, processing organizations, infusers, transporters, and dispensaries.

The state of Illinois law allowing adult use cannabis business establishments went into effect on Jan. 1, 2020.  The Kane County Board also recently amended ordinances establishing a County Cannabis Retailers’ Occupation Tax for sales of cannabis, other than medical cannabis, at a rate of 3.75% in unincorporated area and at 3% in incorporated areas of Kane County.

Under the text amendments to the Zoning Ordinance, businesses are included as special uses in certain zoning districts.

Also included are regulations regarding setbacks, hours of operations, advertising signage and the number of dispensary businesses.

For additional information, contact Kane County Development & Community Services Department Director Mark VanKerkhoff at 630-232-3451 or vankerkhoffmark@co.kane.il.us.

Adult-Use Cannabis Businesses Proposed as Special Uses

 Proposed Adult-Use Cannabis Business Setbacks

  1. Facility may not be located within (_____’) of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day        care home or residential care home.
  2. Facility may not be located in a dwelling unit or within (_______’) of the property line of a pre-existing property zoned or used for residential purposes.
  3. Facility may not be located within (______’) of the property line of a pre-existing forest preserve, public park, place of worship or township owned open space.

SOURCE: Kane County government news release