Background

The State of Illinois approved the “Cannabis Regulation and Tax Act” (Public Act 101-0027) which allows for the possession and private use of recreational cannabis within the State of Illinois beginning on January 1, 2020, under certain limitations.  This act allows communities to regulate and/or prohibit cannabis businesses within their individual jurisdiction.

The Village of Oswego approved Ordinance No. 19-67 approving a Text Amendment to the Village Zoning Ordinance establishing zoning regulations for Adult Use Recreational Cannabis on December 10, 2019.

General Information

The growing, processing, transporting, or selling of marijuana is subject to state, federal, and Village regulations. The Village does not provide any guidance on state and federal regulations, so it is highly encouraged that any cannabis related businesses proposing to engage in these activities consult a professional for guidance prior to obtaining zoning entitlements and permits. 

How do I get started? 

1. Contact the State of Illinois regarding licensing information for an adult use cannabis facility. The Illinois Cannabis Programs website has all the information needed to apply for a license to open a cannabis facility. 
2. Find a location in the Village. To search for available sites, contact the Economic Development Department at 630-551-2334.  
3. Request a Pre-Application Plan Review Group (PRG) meeting with the Development Services Department at 630-554-3622 to determine what zoning process and other approvals will be necessary.  
4. Review Building Code requirements and think about any necessary utility service, work, or upgrades that you will need to operate the business (i.e., power upgrade, electrical/lighting work, water service, fire sprinklers, gas connection). 
5. Prepare a floor plan and/or site plan for staff to review.

What approvals will I need to open a cannabis business?

• Zoning / Special Use Permit 
• Village Clerk Business Registration 
• Building & Permits  
• Kendall County Health Department 
• Fox Metro Water Reclamation District
• Oswego Fire Protection District
• State of Illinois Business License

Zoning Information

Recreational marijuana is categorized into three types of land uses in Oswego:

• Production – the growing and harvesting of marijuana 
• Processing – packaging and creation of marijuana infused products
• Retail – sale of marijuana products to the general public (dispensaries) 

Certain locations within the Village allow these uses subject to the Village Zoning Ordinance, Ordinance No. 19-67, and approval of a Special Use Permit. Generally, marijuana production and processing are permitted in M-1 Light Manufacturing and M-2 General Manufacturing Districts, and marijuana dispensaries are permitted in the B-2 Community Shopping and B-3 Commercial Service & Wholesale Districts. Cannabis-related businesses are not permitted in downtown Oswego.

Please note, dispensaries must comply with a 250’ buffer from any pre-existing incorporated public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home and park.  Review this buffer map to see where approved recreational marijuana uses are permitted within the Village.  

Special Use Permit

All marijuana-related businesses in the Village of Oswego require a Special Use Permit from the Development Services Department. New construction may require a Planned Unit Development process.

Submittal Requirements: 

• Completed Application
• Applicable Fees
• Plat of Survey
• Beneficiaries Disclosure Form
• Detailed Description of Business Operations
• Standards of a Special Use Responses
• Architectural Plans
• Landscape Plans (if applicable)
• Site and/or Floor Plan

Zoning Entitlement Process

1. Plan Review Group Meeting Prior to submittal of a Special Use Permit or Planned Unit Development Application, please contact the Development Services Department at 630-554-3622 to determine whether a Plan Review Group (PRG) meeting is required
2. Submit Completed Application Submit a completed application including all materials and applicable fees. Once the completed application is accepted, the Village will assign a project manager and case number to the project. 
3. Staff Review The completed application will be forwarded to Village departments (e.g., planning, utilities, engineering) for review and comment. Typical review cycle is 14 calendar days. At the conclusion of the review cycle, the project manager will transmit the Village’s technical review comments to the applicant. Comments may necessitate revisions to plans prior to scheduling the project for a Planning & Zoning Commission (PZC) meeting.  
4. Public Notice The Applicant shall notify by certified mail, return receipt requested, all persons adjacent to or within two hundred and fifty (250) feet (exclusive of public right-of-way) of the subject property. Notice shall include the requested action, the location of the property and the time, date, and place of the public hearing. The applicant shall also post a notice sign provided by the Village on the road or street frontage of the subject property. 
5. Planning & Zoning Commission (Public Hearing) Planning & Zoning Commission meetings are held the first Thursday after the first Monday of the month at 7:00pm at Village Hall. The meeting format includes a staff presentation of the project case, applicant testimony, public testimony, PZC questions and comments, and the PZC recommendation to the Village Board. 
6. Village Board Following a public hearing and recommendation by the Planning and Zoning Commission (PZC), the case will be scheduled for Village Board consideration. Cases will not be scheduled for Village Board until staff has determined that all plans are in technical compliance. The Village Board typically meets on the 2nd and 4th Tuesday of every month at 7:00pm at Village Hall.

Building Permits

The following items are reviewed in the building permit process:

• Architectural Design
• Processing Methods and Hazardous Materials
• Structural Design
• Plumbing
• Mechanical 
• Energy
• ADA Accessibility

Note: This summary does not substitute for codes and regulations. The applicant is responsible for compliance with all codes and regulations, whether or not described here.