Planning & Zoning Commission
Regular MeetingDeKalb, IL · March 7, 2022
Minutes
Planning and Zoning Commission
March 7, 2022
Page 1 of 4
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
March 7, 2022
The Planning and Zoning Commission held a meeting on March 7, 2022, at the DeKalb Public
Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Maxwell
called the meeting to order at 6:00 PM.
A. ROLL CALL
Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission
members present were: Steve Becker, Trixy O’Flaherty, Bill McMahon, Maria Pena-
Graham, Shannon Stoker, Jerry Wright, and Chair Max Maxwell. Planning Director Dan
Olson and City Manager Bill Nicklas were present representing the City of DeKalb.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Maxwell requested a motion to approve the March 7, 2022, agenda as presented.
Mr. McMahon motioned to approve the agenda as presented. Mr. Wright seconded the
motion, and the motion was approved by unanimous voice vote.
C. APPROVAL OF MINUTES
1. February 7, 2022 –Chair Maxwell requested a motion to approve the February 7, 2022,
minutes as presented. Ms. O’Flaherty motioned to approve the minutes as presented.
Ms. Stoker seconded the motion, and the motion was approved by unanimous voice
vote.
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None
E. NEW BUSINESS
1. Public Hearing – A petition by the City of DeKalb for text amendments to the UDO to
remove the 250-foot setback for a cannabis dispensary to a residential use and to add
the “CBD” Central Business District, “PD-C” Planned Development Commercial
District and “PD-I” Planned Development Industrial District to the list of zoning districts
where a special use for a dispensary can be applied for.
Dan Olson, Planning Director, went through the staff report dated March 3, 2022. He
stated the UDO defines cannabis business establishment as an adult-use cannabis
dispensing organization and a medical cannabis dispensing organization. Mr. Olson
spoke on the proposed amendments with the first being to remove the 250-foot
setback for a dispensary to a residential use. He then discussed the proposed addition
of the “CBD” Central Business District, “PD-C” Planned Development Commercial
District, and “PD-I” Planned Development Industrial District to the list of zoning districts
where a special use permit for a cannabis dispensary can be applied for.
Planning and Zoning Commission
March 7, 2022
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Mr. Olson explained the proposed amendments will expand the areas in which a
dispensary can be located while still protecting the public health, safety, and welfare.
He talked about the dispensaries being well regulated by the State and City and they
act like a pharmacy, so adding these to the CBD District would be appropriate. Mr.
Olson stated the proposed amendment is to add the CBD, PD-C and PD-I Districts to
the list of districts where a cannabis dispensary can apply for a special use. He
stressed sites zoned as a planned development have ordinances specifically for that
site and would need to be checked for any restrictions.
Mr. Olson addressed the second proposed amendment which is the removal of the
250-foot setback for a cannabis dispensary to a residential use. Mr. Olson discussed
the history on the regulations for setbacks for dispensaries. He noted in 2015 the
original regulation required a 1,000-foot setback from residential areas and an
amendment in 2019 reduced the setback to 250 feet. He added there are existing
regulations for cannabis establishments in the UDO addressing safety provisions
including hour restrictions, security plans, and other measures.
Mr. Olson provided the Commission with maps showing the current areas a cannabis
dispensary could be located with the current 250-foot setback to residential, and a map
with potential locations removing the 250-foot setback regulation. He said the maps
show an increase for potential dispensary locations with the removal of the setback.
He reminded the Commission that dispensaries would require a special use permit, so
a hearing in front of the Commission would be required along with neighborhood
notification.
Mr. Olson advised the City recommends approval of the proposed text amendments.
Chair Maxwell asked if there were any comments or questions from the Public, in which
there were none.
Chair Maxwell asked if there were any comments or questions from Commission
members.
Mr. Wright inquired on the current revenue of dispensaries in the City of DeKalb. Mr.
Olson replied there are currently no dispensaries in the City of DeKalb. He added there
are a few locations approved from a zoning standpoint, one being on Peace Road, and
another on West Lincoln Highway in the Junction Shopping Center, which is waiting
on State approval.
City Manager Nicklas gave background regarding the State statute legalizing cannabis
and added as a part of the law, the State was split into regions with each one being
allocated a certain number of licenses. The City of DeKalb is in a region including eight
counties with only three licenses being allowed in the region. He added the State
allowed for a total of 185 licenses which have already been awarded and there is a
pending lawsuit on this matter.
Chair Maxwell made a comment the City should want to make ourselves as inviting as
possible due to the low number of licenses permitted in our region.
Planning and Zoning Commission
March 7, 2022
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Mr. Nicklas added the region DeKalb is in includes counties to the north and northwest
that have low populations so the chance of a dispensary coming to DeKalb seems
good.
Chair Maxwell asked if the City is notified when a license is applied for in our region.
Mr. Nicklas replied the City is not notified when a license is applied for.
Ms. Stoker questioned a difference in the current dispensary location map versus the
proposed dispensary location map. She wondered why areas disappear from the
proposed map if the proposed amendments are to open more locations. Mr. Olson
explained the current map shows locations with the 250-foot setback regulation where
the proposed map shows locations removing the setback regulation. He said he did
not go through each location on the map and the intent was to show by removing the
250-foot setback, the available opportunities increased.
Mr. Becker commented the biggest increase seems to be on Lincoln Highway. Mr.
Olson stated the potential increases were mainly in the downtown area, along Lincoln
Highway, Sycamore Road, and South 4th Street.
Ms. Stoker asked if the area is showing as a possible location on the current map will
the be a possible location on the potential map as well. Mr. Olson answered it generally
should be.
Ms. Pena-Graham inquired if tonight’s proposal is similar in other cities. Mr. Olson
explained many other cities have setback regulations that vary.
Mr. McMahon questioned the addition of cannabis dispensaries in the downtown area
(CBD) and noted a concern about it. Mr. Olson reiterated each request would require
a special use permit which would bring any proposal to the Commission to determine
if the proposed location was a good fit or not.
Chair Maxwell told the Commission he is impressed with the State regulations for
opening a dispensary. Mr. Maxwell is amazed at the levels of security and governance
to be able to operate a cannabis dispensary.
Mr. Becker inquired on a regulation for a secured rear entrance for any proposed
location. Mr. Olson responded that all previous regulations are still in effect.
Ms. O’Flaherty moved that the Planning and Zoning Commission recommend to the
City Council approval of the text amendments to the Unified Development Ordinance
regarding cannabis business establishments as indicated in Exhibit A of the staff
report.
Ms. Stoker seconded the motion.
A roll call vote was taken. Mr. Becker- Yes, Ms. O’Flaherty – Yes, Mr. McMahon – No
Ms. Pena-Graham-Yes, Ms. Stoker-Yes, Mr. Wright- Yes, Chair Maxwell-Yes. Motion
Passed 6-1-0.
F. CONSDERATIONS
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March 7, 2022
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City Manager Bill Nicklas addressed the Commission on the topic of compensation for
attendance at meetings. He explained he learned about six weeks ago that members
from two of the fourteen commissions were being compensated for attending
meetings. Mr. Nicklas explained there is no mention in the Municipal Code to allow for
Planning and Zoning Commission members to be compensated for meetings. He
recommended doing away with compensation for attending this voluntary Commission
due to other commissions not being compensated for their meeting attendance.
Ms. O’Flaherty said this makes sense to her, and the other commission members
agreed.
Jerry Wright expressed his appreciation to Mr. Nicklas for coming to the meeting in
person to discuss the matter.
G. REPORTS
Mr. Olson announced the next meeting is scheduled for Monday, March 21, and there
are no hearings currently scheduled for this date. Mr. Olson added the City Manager
and himself have been working on the Comprehensive Plan, including the introduction,
background data, goals and objectives and other information and the Plan will be
brought to future meetings for discussion.
City Manager Nicklas added the Comprehensive Plan would be discussed at future
Commission meetings as a part workshops to get the Commissioner’s input as well
from the public. He stated the Comprehensive Plan should be updated at an average
of every five years.
Mr. Becker explained residential growth typically follows commercial growth and the
City is currently experiencing very rapid industrial development. He assumed the
updated Comprehensive Plan will reflect increased residential growth due to this trend.
Mr. Nicklas suggested to the Commission to start thinking about areas in DeKalb and
what potential you see for growth and development. He stressed all ideas would be
put together with statistical data to finalize a Comprehensive Plan to submit to the City
Council.
H. ADJOURNMENT
Mr. McMahon motioned to adjourn, Mr. Wright seconded the motion, and the motion
was approved by unanimous voice vote. The Planning and Zoning Commission
Meeting adjourned at 6:35 PM.
Minutes prepared by: Stephanie Turner Approved: 4/4/2022
Agenda
DEKALB PLANNING AND ZONING COMMISSION AGENDA
Monday, March 7, 2022
6:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak Street
DeKalb, IL 60115
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. APPROVAL OF MINUTES
1. February 7, 2022
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
E. NEW BUSINESS
1. Public Hearing – A petition by the City of DeKalb for text amendments to the UDO to remove the 250-
foot setback for a cannabis dispensary to a residential use and to add the "CBD" Central Business District,
“PD-C” Planned Development Commercial District and “PD-I” Planned Development Industrial District to
the list of zoning districts where a special use for a dispensary can be applied for.
F. CONSIDERATIONS
1. Discussion on compensation for the Planning and Zoning Commission.
G. REPORTS
H. ADJOURNMENT
COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this meeting in-person with a physically present
quorum that is open to the public and in compliance with all applicable public health requirements. Pursuant to current public
health guidelines, persons attending this meeting are not required to wear protective face masks/coverings.
Planning and Zoning Commission
February 7, 2022
Page 1 of 3
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
February 7, 2022
The Planning and Zoning Commission held a meeting on February 7, 2022, at the DeKalb Public
Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Maxwell
called the meeting to order at 6:00 PM.
A. ROLL CALL
Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission
members present were: Steve Becker, Trixy O’Flaherty, Bill McMahon, Maria Pena-
Graham, Shannon Stoker, and Chair Max Maxwell. Jerry Wright was absent. Planning
Director Dan Olson was present representing the City of DeKalb.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Maxwell requested a motion to approve the February 7, 2022, agenda as presented.
Mr. McMahon motioned to approve the agenda as presented. Ms. O’Flaherty seconded
the motion, and the motion was approved by unanimous voice vote.
C. APPROVAL OF MINUTES
1. January 18, 2022 –Chair Maxwell requested a motion to approve the January 18,
2022, minutes as presented. Mr. Becker motioned to approve the minutes as
presented. Mr. McMahon seconded the motion, and the motion was approved by
unanimous voice vote.
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None
E. NEW BUSINESS
1. Final Development Plan – Approval of a Final Development Plan for First United
Methodist Church’s new building located at 2501 N. Annie Glidden Road.
Sherry Uhrich, Chair of the Executive Building Committee for First United Methodist
Church, spoke regarding their goal to build a new church. She said the current church
building is over 114 years old and there is a need for a safer facility with the fear of
code compliance issues with such an old building. She added the current building is
4,000 square feet mainly consisting of hallways and stairways and is not handicap
accessible.
Ms. Uhrich explained they purchased the subject property approximately two years
ago and they have been working with Saavedra Group Architects to finally obtain their
goal of a new church. She stressed there has been a lot of time, work, and revisions
Planning and Zoning Commission
February 7, 2022
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to plan for a new church and this proposal will allow for a much safer environment and
provide mission and outreach for youth in the area.
Dan Saavedra, President of Saavedra Group Architect, discussed the modifications of
the plan that were approved by the Planning and Zoning Commission in 2020. He
noted the main difference is the height of the church and added some of the design
elements have changed as well. Mr. Saavedra explained the height difference, from
the originally planned 80 feet to 52 feet, occurred due to the church deciding not to
move their pipe organ.
Mr. Saavedra continued with the discussion on the new design of the church which
will all be on one floor and facing Annie Glidden Road. He mentioned the first phase
of the building will be 10,986 square feet with an addition to the south of the building
being 1,380 square feet. Mr. Saavedra added the sanctuary will seat 240 people with
an annex for additional guests. He noted there will also be two wings; one with
classrooms, kitchens, and bathrooms, and the other with administrative offices.
Mr. Saavedra explained the vehicle entrance to the church will be from the side of the
building off Beautiful Gate Drive and there would be a parking lot with 65 spaces
provided in phase one. He added there would be an additional 26 parking spaces to
south of the building, and a phase II area which could accommodate up to 80 additional
spaces in the future.
Mr. Saavedra advised the sanitary sewer connection being off the north side of the
church, and water service and other utility connections will come from Annie Glidden
Road. He noted the church will be a conventional construction with a facade consisting
of fiber cement siding. Mr. Saavedra added the final construction documents are being
worked on and will be submitted for final review to the City in March.
Dan Olson, Planning Director, went through the staff report dated February 3, 2022.
He stated the City approved the annexation and development agreement for the
church in July of 2020. He added as a part of the agreement, one of the requirements
was for the church to submit a Final Development Plan that would go through the
Commission and City Council for final approval.
Mr. Olson described the site entrance being off N. Annie Glidden Road with the right
of way at Beautiful Gate Drive being dedicated to the City. He noted construction of
Beautiful Gate Drive would only occur if future development took place. He went on to
discuss the change in the height of the church building, the larger sanctuary, and the
parking lot, which is providing an adequate number of spaces. Mr. Olson explained a
civil engineering plan has not yet been provided but is expected to be submitted by
early March. He mentioned a summary has been provided by the applicant containing
information regarding utility connections and storm water drainage. Mr. Olson advised
the Commission a condition is recommended requiring the City Engineer approve the
final engineering plan before any construction is to take place.
Mr. Olson mentioned variances were granted in 2020, including building height,
landscaping, minimum street standards, and parking standards. He touched on
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February 7, 2022
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waivers being approved for landscaping in 2020 and additional landscaping is planned
by the church.
Mr. Olson stated the Commission is to make sure the final development plan is in
substantial compliance with the approved concept plan from 2020, which it is. Mr.
Olson advised the staff recommends approval with a condition the final engineering
plans are approved prior to any construction taking place.
Pastor Jonathan Crail from the First United Methodist Church addressed the
Commission and voiced his excitement for the proposed new church and stated they
are looking to be good neighbors in the North Annie Glidden Road area.
Chair Maxwell asked if there were any comments or questions from the Commission,
in which there were none.
Mr. McMahon moved that the Planning and Zoning Commission recommend approval
of the Final Development Plan for the DeKalb First United Methodist Church on the
subject site per the plans noted on Exhibit A and subject to all items listed below being
addressed to the satisfaction of City staff prior to the issuance of a building permit.
1. A final engineering plan reflecting the design principals in the letter dated 1-28-22
from Arc Design be submitted and approved by the City Engineer prior to approval
of a building permit.
Ms. O’Flaherty seconded the motion.
A roll call vote was taken. Mr. Becker- Yes, Ms. O’Flaherty – Yes, Mr. McMahon – Yes
Ms. Pena-Graham-Yes, Ms. Stoker-Yes, Chair Maxwell-Yes Mr. Wright was absent.
Motion Passed 6-0-1.
F. REPORTS
Mr. Olson announced the next meeting is scheduled for Tuesday, February 22, due to
President’s Day on Monday, February 21. He noted there are currently no hearings
scheduled and if the meeting is cancelled, it will be posted on Thursday before the
meeting. Mr. Olson added the City Manager will be involved in the update to the
Comprehensive Plan and changes will be brought to future Commission meetings.
G. ADJOURNMENT
Ms. Stoker motioned to adjourn, Ms. Pena-Graham seconded the motion, and the
motion was approved by unanimous voice vote. The Planning and Zoning Commission
Meeting adjourned at 6:15 PM.
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
March 3, 2022
TO: DeKalb Planning and Zoning Commission
FROM: Dan Olson, Planning Director
RE: Text Amendments to Chapter 23 of the Municipal Code - Unified
Development Ordinance – Cannabis Business Establishments
BACKGROUND AND ANALYSIS
The UDO defines “cannabis business establishment” as an adult-use cannabis
dispensing organization and a medical cannabis dispensing organization. The City is
initiating text amendments to the UDO to remove the 250-foot setback for a cannabis
dispensary to a residential use. In addition, an amendment is also proposed to add the
“CBD” Central Business District, “PD-C” Planned Development Commercial District and
“PD-I” Planned Development Industrial District to the list of zoning districts where a
special use for a cannabis dispensary can be applied for. The proposed amendments will
allow cannabis dispensaries in more commercial areas, while still protecting the public
health and safety.
The specific amendments to the UDO are as follows:
Amend Article 7.18.04(1) to add the CBD, PD-C and PD-I Districts to the list of zoning
districts where a special use for a cannabis dispensary can be applied for.
The proposed amendment adds the “CBD” Central Business District to the list of
zoning districts where a cannabis business establishment can locate with a special
use permit. Cannabis business establishments are currently special uses in the
LC, GC and LI districts. Cannabis dispensaries are well regulated by the State and
operate similar to a pharmacy. A pharmacy is a permitted use in the CBD district.
Also proposed is adding the PD-C and PD-I Districts to the list of zoning districts
where cannabis business establishment can locate with a special use. The
ordinances governing each planned development will need to be reviewed to
determine if a cannabis business establishment would be allowed.
Amend Article 7.18.04(2) to remove the 250-foot setback to residential areas.
The proposed amendment would remove the 250-setback required from
residential areas to a cannabis business establishment. A 1,000-foot setback from
residential areas was established in 2015 when the original regulations for
cannabis dispensaries were added to the UDO. In 2019 a comprehensive
amendment was approved for cannabis business establishments and included
reducing the setback from residential areas to 250 feet. As noted before cannabis
dispensaries are highly regulated by the State and operate like a pharmacy. In
addition, there are existing regulations for cannabis business establishments in the
UDO that include providing a well-lit parking lot, signage and advertising limits,
hour restrictions and submittal of a security plan. The current 250-foot setback to
schools, day care centers and NIU academic buildings and residence halls will
remain in place.
There are some areas along W. Lincoln Highway and several in the downtown that
have buildings with commercial uses on the first floor and residential units in the
upper floors. Removing the setbacks to residential areas will allow cannabis
dispensaries in some of these locations. A cannabis business establishment
requires a special use permit in each case, which entails a public hearing,
surrounding property owner notification and a Planning and Zoning Commission
recommendation. The special use process will allow each site to be looked at on
a case-by-case basis and permit specific conditions to be applied, if warranted.
Maps were provided in the background material indicating the areas where a
cannabis dispensary could potentially locate. One map shows the areas with the
current regulations and the other shows the potential areas with the proposed
amendments.
RECOMMENDATION
Sample Motion:
Based on the submitted petition and testimony presented, I move the Planning and
Zoning Commission recommend to the City Council approval of text amendments to the
Unified Development Ordinance regarding cannabis business establishments as
indicated in Exhibit A of this staff report.
Page |2
EXHIBIT A
ARTICLE 7
SUPPLEMENTAL DISTRICT REGULATIONS
7.18 Cannabis Business Establishment
7.18.01 Purpose and Intent
1. This Ordinance is intended to protect the public health, safety and welfare by establishing
regulations to restrict the location of and/or create a setback between establishments which
primarily engage in the businesses relating to medical cannabis, and incompatible uses.
2. The zoning contemplated herein shall only apply to businesses a cannabis business establishment
duly licensed and operating under State law.
3. The following definitions shall apply:
“Adult-use Cannabis Craft Grower” means a facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and
perform other necessary activities to make cannabis available for sale at a dispensing organization or
use at a processing organization, per the Cannabis Regulation and Tax Act, 410ILCS 705/1, et seq.,
as it may be amended from time-to-time, and regulations promulgated thereunder.
“Adult-use Cannabis Cultivation Center” means a facility operated by an organization or business that
is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform
necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business
establishments, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be
amended from time-to-time, and regulations promulgated thereunder.
“Adult-use Cannabis Dispensing Organization” means 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, 410 ILCS 705/1, et seq., as it may be amended from time-to-time, and regulations promulgated
thereunder.
“Adult-use Cannabis Infuser Organization” or “Infuser” means a facility operated by an organization or
business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or
cannabis concentrate into a product formulation to produce a cannabis-infused product, per the
Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be amended from time-to-time,
and regulations promulgated thereunder.
“Adult-use Cannabis Processing Organization” or “Processer” means a facility operated by an
organization or business that is licensed by the Illinois Department of Agriculture to either extract
constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or
cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis
Regulation and Tax Act, 410 ILCS 705/1, et seq., as it may be amended from time-to-time, and
regulations promulgated thereunder.
“Adult-use Cannabis Transporting Organization” or “Transporter” means an organization or business
that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis
business establishment or a community college licensed under the Community College Cannabis
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Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq.,
as it may be amended from time-to-time, and regulations promulgated thereunder.
“Cannabis Business Establishment” means an adult-use cannabis dispensing organization and a
medical cannabis dispensing organization.
"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts
of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of
cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and
any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin,
including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether
produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of
the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
"Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act.
"Cannabis" also means concentrate and cannabis-infused products.
“Medical Cannabis Dispensing Organization” means 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 purpose of dispensing cannabis, paraphernalia, or
related supplies and educational materials to registered qualifying patients, individuals with a
provisional registration for qualifying patient cardholder status, or an Opioid Alternative Pilot Program
participant, per the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1, et seq., as it may
be amended from time-to-time, and regulations promulgated thereunder.
"Medical Cannabis Cultivation Center" means a facility operated by an organization or business that is
registered by the Department of Agriculture to perform necessary activities to provide only registered
medical cannabis dispensing organizations with usable medical cannabis.
“Enclosed, locked facility” room, greenhouse, building, or other enclosed area equipped with locks or
other security devices that permit access only by agents of a licensed cannabis business establishment
and acting pursuant to State law.
“State law governing statute” means the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq.,
and the Compassionate Use of Medical Cannabis Act, 410 ILCS 130/1, et seq., as they may be
amended from time-to-time, and regulations promulgated thereunder.
7.18.02 Compliance with Applicable Laws
A cannabis business establishment shall be required to comply with all applicable laws, ordinances,
regulations, statures or other regulatory authority applicable thereto, including but not limited to, State law
and the City of DeKalb Municipal Code. Violation of any applicable law, regulation, or ordinance shall
constitute a public nuisance and violation of any zoning authority or special use permit granted hereunder.
7.18.03 Submittal Requirements
After a pre-application meeting with the City, an applicant for any special use or other zoning approval
required herein for a cannabis business establishment shall be required to submit plans and documents as
deemed necessary by the City, including, but not limited to, a Plat of Survey, a Site Plan, Engineering Plan,
Architectural Plans and Elevations, Building Material Samples, Lighting Plan, Signage Plan, Business and
Operational Plan, Compliance with State law, Anticipated Parking and Traffic Plan, Impact on Surrounding
Areas, and Security Plan.
7-2
7.18.04 Permitted Zoning Districts and Setback Requirements
1. A cannabis business establishment shall be permitted only as a special use in the following zoning
districts: LC, GC, CBD and LI. A cannabis business establishment may also be permitted in the
PD-C and PD-I Districts as a special use if the governing ordinance allows.
2. A cannabis business establishment may not be located within 250 feet of the property line of a
preexisting property zoned or used for residential purposes that contains a residential dwelling unit,
nursery school, preschool, primary or secondary school, daycare center, daycare home, residential
home, and or an academic building or residence hall of a State university.
3. An adult-use cannabis dispensary organization may not be located within 1,500 feet of the property
line of a pre-existing adult-use cannabis dispensary organization.
4. A cannabis business establishment shall comply with the setback requirements and standards of
the underlying zoning district, except as may be otherwise provided by this Section and the UDO.
7.18.05 Parking Requirements
1. A cannabis business establishment shall be required to comply with the parking requirements
applicable to the facility under the provisions of this UDO (e.g. a dispensary shall comply with the
parking requirements applicable to a Commercial Service Facility and Retail).
2. Parking shall be located in an area which is visible from a public road.
3. Parking areas shall be well lit and monitored by video surveillance equipment with live images that
can be viewed by agents of the cannabis business establishment.
7.18.06 Exterior Display, Signage and Advertising
1. No cannabis business establishment shall be maintained or operated in a manner that causes,
creates or allows the public viewing of cannabis, cannabis paraphernalia or similar products from
any sidewalk, right-of-way or any property other than the lot on which the cannabis business
establishment is located. No portion of the exterior of the cannabis business establishment shall
use or contain any flashing lights, search lights, spotlights or any similar lighting system.
2. Signage shall comply with the standards of the underlying zoning district.
3. No cannabis business establishment shall have signage or engage in advertising that is not in
compliance with State law, including but not limited to 410 ILCS 705/5520, which is adopted and
incorporated herein by reference as if fully set forth herein.
4. A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include
the following language: “Persons under the age of 21 are prohibited from entering.” The required
text shall be no smaller than 1 inch in height nor greater than 12 inches in height.
7.18.07 Other Development Restrictions
1. No more than five (5) special use permits for an adult-use cannabis dispensing organization shall
be permitted within the City’s corporate limits.
2. The terms and conditions for the location of a cannabis dispensary pursuant to a special use shall
not be applicable to other types of cannabis businesses, including but not limited to, Adult-Use
Cannabis Craft Growers, Adult-Use/medical Cannabis Cultivation Centers, Adult-Use Cannabis
Infuser Uses, Adult-Use Cannabis Processing Uses, or Adult-Use Cannabis Transportation Uses
unless otherwise approved by a subsequent amendment. Any type of cannabis business other than
7-3
a cannabis dispensary that wishes to locate in DeKalb may propose a text amendment to the City’s
Unified Development Ordinance as part of a zoning application that is in compliance with all State
of Illinois statutes and regulations for legislative consideration and evaluation by the Planning and
Zoning Commission and the City Council.
3. No cannabis business establishment shall allow any person who is not at least twenty-one (21)
years of age on the premises. No cannabis business establishment shall employ anyone under the
age of twenty-one (21).
4. A cannabis business establishment may operate between the hours of 6:00 a.m. to 10:00 p.m.
5. No cannabis business establishment shall have a drive-through service, drive-thru window, or any
form of outdoor sales.
6. A cannabis business establishment shall maintain compliance with State law and local building,
fire, and zoning requirements or regulations.
7. No adult-use cannabis dispensing organization shall operate in violation of the operational
requirements and prohibitions set forth in 410 ILCS 705/15-70, which are adopted and incorporated
herein by reference as if fully set forth herein.
8. No medical cannabis dispensing organization shall operate in violation of the requirements and
prohibitions set forth in 410 ILCS 130/130, which are adopted and incorporated herein by reference
as if fully set forth herein.
9. A cannabis business establishment shall provide to the City a security plan that includes, but is not
limited to, the following:
a. The cannabis business establishment shall be an enclosed, locked facility and shall provide
and maintain adequate security on the premises, including lighting, video surveillance and
alarms reasonably designed to ensure the safety of persons and to protect the premises from
theft;
b. The parking area, client entrance, sales area, back room, storage areas and delivery bay and
entrance shall be monitored by video surveillance equipment with live images that can be
viewed by agents of the cannabis business establishment, continually recorded in a tamper
proof format;
c. A sign shall be posted in a prominent location which includes the following language “This area
is under live/recorded video surveillance to aid in the prosecution of any crimes committed
against this facility or its patrons”;
d. Reporting of criminal activity on the licensed premises to local law enforcement officials; and
e. The Chief of Police or designee shall review and approve the adequacy of lighting, security
and video surveillance prior to the issuance of a Conditional/Special Use Permit;
10. Loitering is prohibited on a medical cannabis business establishment facility property.
11. No cannabis business establishment shall allow any person to smoke, inhale or consume cannabis
on the property and the licenses premises occupied by the cannabis business establishment. A
sign, at least 8.5 by 11 inches, shall be posted inside the cannabis business establishment building
in a conspicuous place and visible to employees and clients and shall include the following
7-4
language: “Smoking, eating, drinking or other forms of consumption of cannabis products on the
property is prohibited.”
7-5
Potential Cannabis Dispensary Locations - Current
HATHAWAY DR
RD
PR N VILLE
IVA COLTO BORDEN AV
TE
PRIVATE DR
D R FAIR LA
LONGWOOD DR
N 1ST ST
ND DR
S PRAIRIE DR
W ST EASTGA
T E DR
RUSSET LN
WILL HIGHLAND DR
FOXPOINTE DR
PRIVATE DR
O
RICH RD PRIVATE DR GEORJEAN CT
GLIDDEN RD
THORNWOOD DR
WHITE OAK DR
QUINLAN AV QUINLAN AV EDGEBROO
K LN
AFTON RD
MERCANTILE DR
RUTLA ND RD KINGSBURY DR LILAC LN
MEDITERRANEAN DR
MANESS CT
LAUREL LN
PARK AV
LARKIN G AV
MO K DR W PRAIRIE DR
NR TY RE MEADOW CREE
MS D G
ASTER RD
TO ER D
CK W
NAPA CT
CUTLER DR IN
GA AV T
LN G LYNN AV
DEKAL
LN
ABERDEEN CT
SA
B AV
N CO
SOMERSET LN
E BETHANY RD
PRIVATE DR PRIVATE DR
DR
BETHANY RD
PRIVATE DR
PRIVATE DR
BETHANY RD W BETHANY RD
PRIVATE
WEDGEWOOD DR
TIM
PEACE RD
B RE RD
KLEIN RD
ER
TR
L
SYCAM
MAN OR DR O GATEWAY DR
STONEY CREEK RD
R
DOSEN DR
O
B
ER
TS
LN
OAKLAND DR
PR
ID
E
AV
WILLIAMS WAY
ROSENOW WAY
BUENA VISTA DR
WIRSING P
K WY
GO
RUBY LN
L SYLV
FV AN L
N ANNIE GLIDDEN RD
ILE IEW N
HA
W DRESSER RD MW PL
OD E O
HEATHERFIELD LN DR DR
ES
HYACINTH LN LO SE
DR
TWOMBLY RD N RE R
GV GA RD PR
AL RI IV
LE VE L DR AT
YL R E
MISTY LN N ET DR
LN E ROYAL DR CO
RUSHMOORE DR
N
BARBER GREENE RD
R
RIDGE DR ED UN
GA
JOHN HUBER PKWY
LN YL
K LN R EL G
TY
ER DR R
AC
TON RD
JU N EE
CARL
MA D R
DR FA
BAYFIELD
R TE NW
PICKW ISLE
RR NN
SCHIFLY L
EDGEBROOK DR
DR M
KNOLLWOOD DR
O
IC
MAYFLO
JO O RD
N
ARK
A D PR
W HUNTIN G TILTON P
KIMBERLY DR AC IVAT
RE
SPIROS CT
E
S
DR
DELCY DR
NORMAL RD
W HILLCREST DR
R
HU
G
FOX HOLLOW FORSYTHE LN LM
A
ORCHARD LN
SU
RESERVE LN
N D
FOTIS DR
DR ES
NR ES
D
REGENT DR
VARSITY BLVD R
D
DORKEN LN
O IS DR
WINDSOR DR
R
A E
KW DR T NL
HIGH TER O N TS OV
LOREN DR FAIRMONT DR
KR O
D SA
EA
AV
LA PA N AV PL
E HIL W
D
LCR N E DRESSER RD
RUSSELL RD
O
E
CT
ST D W CH
W
GRANT DR
O
R O AL
SUNNYMEADE TRL O EL
D OA LE
M
N 1ST ST
AV K DR NG
HOUSING ACCESS RD S
GRANT DR E
CRANE DR ER
N 14TH ST
GARDEN RD
DR
KISHWAUKEE DR
EAST-WEST RD
SCHOOL ST BL
LEE CT
VD
STEVENSON DR N W PRAIRIEFIELD AV
PRESIDENTS BLVD
A
MAIN CENTRAL RD
N 9TH ST
DOUGLAS DR N LIN
D VIEN
R AV
N
STADIUM DR W
MILLE
N CHARLES ST
WIRTZ DR
VAL LN
RECREATION DR LUCINDA AV
B AV
EN DAVY ST CLARK ST
N 7TH ST
DEKAL
RD
N 10TH ST N 11TH ST
STADIUM DR N FE PL
RO L LEWIS ST
N 4TH ST
ENTERPRISE AV
N 5TH ST N 12TH ST N 13TH ST
AUG U
STADIUM DR STA A FIS
COLLE V KA
GE AV V
ST
STADIUM DR S
W CORTLAND CENTER RD
STADIUM DR
PIN
JOHN ST
UNIVERS W N2 PLEASANT ST
ITY CIR LO ND E ST
CU W MALLARD AV
ST
N BLUE JAY ST
ST OA STATE ST
WURLITZER DR
N 9TH ST
K
N 8TH ST
EL ST W HERON AV
DIETZ AV
W LINCOLN HWY OC ST
US MARKET ST
TS
PEARL ST
T N6 W RED HAWK AV
TH
N DOGWOOD ST
MOLUF ST CHESTNUT ST ASH
CT
N ASPEN DR
S ANNIE GLIDDEN RD
BANTAM ST
DEE
ST
RPA GURLER ST
ST
KNOLLS S
N8
JASMINE S
TH
IV TH
Y GR
LN
N9
ST
ST FR O W EL
T TW
VE TH
W A LEN A
A CE
WR NK S T
LIN N1 V
N PE
OO ST 1TH DO DG
SE ST E AV W
FURROW ST VE
ELLWOOD AV
ST
LT CA
T
E PK WY MA ST PR
ND
EL RO
DEVONAIR O
T
S RD
SP MS LA
LEO
HO M
BUSH ST
ON WOOD ST TH
EVANS AV
S2 EC S RD
V
NA TS
E DR
MAGNOLIA ST
ST
S3
SIMONDS AV
RD EG T
MAPLEWOOD AV
GR ANGE RD
N NINA ST
S9
AV ER
OO
AR
DE
GLIDDEN AV
S AV
S HA SE NS
S 10TH ST
NOLL ISH W KEENE AV
S 11TH ST
K VE T
SUNGLOW LN BLV LT
ST
D E LIN
ST
CO L
INDUSTRIAL DR
N HW W PINE AV
WALNUT ST PL
UM ROOSEVELT CT Y
W NORTH AV
DAVID AV
SOUTH MALTA RD W TAYLOR ST
E TAYLOR ST
LACAS ST
WENDEL
SHARON DR
GAYLE AV L PL
W ELM AV
S 8TH ST
SPRINGDALE LN
WARREN
S LOVES RD
W ALDEN PL PL CULVER ST
S 10TH ST
E ALDE
W SUNSET PL N PL
S 9TH ST S WEST ST
HARVEY ST STATE
EM E SUNSET PL RT
QUAIL RUN
ILN E 38
D
SCENIC R
ER
AV
S 5TH ST S 6TH ST
PRIVATE DR
SOUTHMOOR DR W ST
BELLEVUE DR
EPH E
EBBESEN DR STAFFORD ST
SALEM DR NIE
ELIZABETH ST GIFFORD ST
DR
SCOTT C
WL
T S 7TH ST
INC
OL
CHARTER ST NH
WY
SPRING AV
MATTEK AV MATTEK CT
KAREN AV
WEBSTER RD
BARB BLVD MACOM DR
KENT PL
S 4TH ST
BALL AV
LUCERNE LN
FAIRVIEW DR W FAIRVIEW DR E FAIRVIEW DR FAIRVIEW DR
MONTICELLO DR
PATRIOT DR
AUTUMN LN MANNING DR NESTLE CT
O UND
STB
92 WE
E
R ANC
EN T
R AM P
I88
I88 WESTBOUND I88 EASTBOUND
HARVESTORE DR
S PEACE RD
ST
WEBSTER RD
ST
CORPORATE DR
CREGO RD
S1
City Limits
SWA N LN
PRIVATE DR
INTE DR Day Care Providers
GURLER RD E GURLER RD GURLER RD
BENT GRASS CIR METAVERSE WAY
SOUTH P DR School Properties
O
IVE
RF
PA
Residential Land Use PRIVATE DR
Property Zoned NC, CBD, HI, PD-I, ORI, or is NIU property
LYNCH RD
Public Land
250' Buffer - Residential, Schools, Day Care, PDR Zoning
STATE RTE 23
Vacant Land
CREGO RD
Kishwaukee CountryPRIVA
Club
TE DR
Possible Cannabis Dispensary Locations
KESLINGER RD
File: \Community Development\Cannabis Buffers 250 feet.mxd
Created: 1/2/2020 DJE
Last Updated: 1/13/2020 DJE
0 0.25 0.5 1 1.5 2
I Miles
LEGAL NOTICE
NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning
Commission at its regular meeting on Monday, March 7, 2022, at 6:00 p.m. in the Yusunas Meeting
Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by the City of DeKalb
for text amendments to Chapter 23 “Unified Development Ordinance (UDO)” of the Municipal
Code, to amend Article 7.18 “Cannabis Business Establishment” to: remove the 250 foot setback
for a cannabis business establishment to a residential use; to add the “CBD” Central Business
District to the list of zoning districts where a special use for a “Cannabis Business Establishment”
can be applied for; and other miscellaneous amendments.
All interested persons are invited to appear and be heard at the time and place listed above.
Interested persons are also encouraged to submit written comments on the proposal to the City of
DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115
by 12:00 p.m. on Monday, March 7, 2022, or by e-mail to dan.olson@cityofdekalb.com. Further
information regarding the petition is available from the Community Development Department at
(815) 748-2361 or on the City of DeKalb’s web page at
https://www.cityofdekalb.com/1103/Public-Hearings.
Max Maxwell, Chair
DeKalb Planning and Zoning Commission