Ellsworth Planning Board recommends Council adopt updated cannabis performance standards, 4-1

The Ellsworth Planning Board voted Feb. 4 to recommend that City Council adopt amendments to Chapter 56 of the Unified Development Ordinance adding performance standards for adult-use cannabis and updating Article 817 for medical marijuana dispensaries. The board approved the recommendation by a 4-1 vote, with Planning Board member John DeLeo opposed.

The revisions would add operational standards for adult-use retail and align medical marijuana dispensary (MMD) regulations with the same performance standards, while staff said the Council and city attorney have reviewed drafts and a city-wide mailer will notify residents about a Cannabis Overlay. Staff projected licenses could go live in April if Council adopts the ordinance and the overlay zone.

Board members debated several technical and enforcement points before voting. Rick Lyles proposed striking a reference to cultivation from Article 817.1 to make clear that cultivation is not permitted as part of a medical dispensary; staff said that language remained because it had not yet been reviewed by Council. Lyles also raised that access, safety and inspection language appears copied directly from the MMD section and should be tailored for adult-use stores; staff reported police and fire had reviewed the draft.

Members pressed staff for clarity on parking, with Lutesloh (staff) telling the board that parking shared by a strip mall located on the same parcel would not be considered 'offsite' under 817.6 and that the intent is for a business to have on-site parking adequate to serve the use. The board asked staff and legal counsel to refine wording to avoid ambiguity in cases of leased tenant space versus parcel boundaries.

Odor control and the definition of 'property line' drew sustained attention. "There has been extraction on-site that creates an odor," said Planning Board member Michael Hangge, who urged a clear property-line definition and more explicit enforcement mechanisms. Staff said applicants must submit odor-control plans for state licensing and recommended defaulting odor enforcement to Chapter 66 (the city's odor-nuisance ordinance). Legal counsel said violations would follow the standard notice and enforcement process and could proceed to court if not remedied.

Signage and advertising limits were also discussed. Lisa LaRue asked whether the draft's restrictions would prohibit nonbranded artwork; staff reminded the board that state rules bar marketing aimed at children and said the city's CEO has enforcement discretion. John DeLeo questioned whether charging higher fees for recreational licenses than for medical dispensaries is fair; staff said the draft reflects separate fee structures and licensing categories.

The board considered—and then removed—a church proximity setback from the draft after members noted that including churches and the few schools in the city would sharply reduce available commercial locations. Members also reviewed posted drug-free zones (including Knowlton, Moore Center and Harbor Park) and asked staff to clarify whether boundaries use property lines; staff said prior feedback clarified that the ordinance references property lines rather than a 1,000-foot buffer beyond posted boundaries.

A short public hearing drew one comment. Raymond Williams commended the board’s line of questioning, pointed out that the city uses a Unified Development Ordinance (not a separate zoning code) and cautioned that the cannabis overlay must be adopted by Council before approvals proceed; he also said an existing Main Street business may be grandfathered but disputed whether it would be allowed in the downtown zone.

Lisa LaRue moved that the board issue a positive recommendation on the draft documents (identified in the meeting as 814 and 827) provided the Cannabis Overlay map is included, the agreed grammatical and substantive edits are made, and the Planning Board is given a revised draft to review prior to the City Council meeting. The motion was seconded and passed 4-1 (LaRue, Messer, Lyles, Hangge in favor; DeLeo opposed). The board asked staff to circulate a fresh copy of the edits before the recommendation goes to Council.

The ordinance revisions will next go to City Council for consideration; staff said the city will mail notice about the Cannabis Overlay and that licensing could move forward in April if Council adopts the changes.