Batavia aldermen OK pot shop zoning plan
If a recreational marijuana dispensary were to set up shop in Batavia, it most likely would be located in the northeast side industrial park or the Randall Road commercial corridor, under a zoning plan approved by aldermen.
The Batavia City Council took action on Tuesday to establish zoning and regulations for pot shops. Meeting in committee, aldermen unanimously approved the plan, which came in response to public opinion.
In an advisory referendum last November, Batavia residents voted to allow recreational cannabis dispensaries to be permitted in the city, with nearly 62% in favor.
The ballot question asked: "Shall the city of Batavia allow the sale of recreational adult-use cannabis with its jurisdiction, subject to statutorily permissible restrictions?"
The proposed ordinance designates areas with general commercial or industrial zoning classifications for marijuana dispensaries. Notably, the ordinance would not allow dispensaries in the downtown, which carries a mixed-use zoning classification.
While there is an archipelago of small general commercial zones dotting Batavia, it is the large Randall Road commercial corridor that stands out on the city's zoning map. The northeast side industrial park, straddling both sides of Kirk Road, also looms large.
Second Ward Alderman Alan Wolff said establishing the zoning for marijuana dispensaries is a prerequisite before a business can even think about applying to the state of Illinois for a license.
"I'm just glad we're getting this done before the next round of licenses they hand out," Wolff said.
Aldermen initially considered a proposal to establish a limit of two dispensaries in the city, but decided that the market and their zoning regulations will effectively limit the number of shops seeking to do business in Batavia.
The ordinance includes a 500-foot setback requirement between a marijuana dispensary and any residential zoning district, along with schools, parks, libraries, churches and day care centers. In addition, the state's regulation for a 1,500-foot separation from any other cannabis dispensary also is included.
Wolff's 2nd Ward colleague, Alderman Marty Callahan, said the zoning rules and the setback will provide a "natural limit" on the number of cannabis businesses.
Given market forces and the state's system for issuing licenses, aldermen said the city would be fortune to have just one marijuana dispensary locate in Batavia, and which could be expected to generate considerable revenue for the city government.
Under state law, cities may charge a municipal tax of up to 3% on marijuana sales. Batavia aldermen have already enshrined that figure in an ordinance.
The pot shop zoning plan is expected to be approved by the full council on Feb. 15.
There currently are no marijuana businesses of any type in Batavia.
The city has an ordinance in place allowing for marijuana growing facilities in industrial areas and for conditional use permits to be issued by the council for medical cannabis dispensaries in some industrial and commercial zones.