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Caribou council asks planning board to integrate marijuana zoning ordinance after procedural dispute
Summary
After debate about whether Ordinance 3 followed required planning-board procedures, the council voted unanimously to ask the planning board and city staff to reconcile and integrate Ordinance 3 into chapters 7 and 13 of the city code; a prior motion to rescind the ordinance failed in a split vote.
The Caribou City Council on Aug. 25 voted unanimously to ask the city planning board and staff to reconcile and integrate Ordinance 3 (series 2025) into Chapter 13 (land use) and Chapter 7 (licenses and permits) of the Caribou City Code, following council debate about whether the ordinance had followed the planning-board review procedures required by local and state law.
At issue was whether the council should have submitted the ordinance to the planning board for a formal review, public hearing and recommendations before adopting the zoning changes. One councilor moved to rescind the earlier vote approving Ordinance 3 and send the matter back to the planning board; that motion failed on a split vote (Bagley, Lovewell and Theriault voted yes; Kelly, Smith and Watson voted no). After further discussion, the council instead voted, 6-0, to request that the planning board and city staff “work to reconcile and integrate Ordinance 3 into Chapter 13 and Chapter 7” and return recommended, conforming revisions to the council.
Council members and staff told the meeting they do not intend the reconciliation process to overturn the council’s substantive policy choice but to align the newly adopted ordinance with the city’s zoning table, planning-board procedures and Chapter 7 licensing language. City Manager Penny said the ordinance as passed remains in effect while staff and the planning board work on updates for procedural alignment.
Public comment at the meeting included James Bacon, a local license-holder seeking to relocate an adult-use cultivation facility into Caribou. Bacon urged the council to allow adult-use cultivation and said the state is offering incentives to municipalities that opt in; he told the council, “If something if I can't move here, I'm gonna end up losing the building.” The council discussion made clear that changes to zoning and licensing language to implement adult-use cultivation would require updates to Chapter 13 (zoning table and allowed uses) and Chapter 7 (licensing and fees) before additional adult-use locations could be licensed under local rules.
Legal references raised during debate included a transcript reference to state zoning procedure statutes and the city charter. City staff pointed to guidance that planning-board review and public notice are required for many zoning changes; the council voted to have staff and the planning board return with integrated language to ensure the ordinance is aligned with other code provisions and notice requirements.
