CALUMET — The Village Planning Commission and the Village Council continue to move forward with zoning and marijuana ordinances, but are doing so cautiously to avoid further or future problems.

In the order of procedures listed in the Michigan General Law Village Act, in order to implement Ordinance Number 153, Adult Use Marihuana, the Village Zoning Ordinance first must be updated to include the establishment of marijuana-related businesses with village limits.

Village Manager Caleb Katz said in an interview Thursday that the existing zoning ordinance dates back to 1990, and was revised in 1997, long before any thought of legalizing marijuana, on any level, was considered. For that reason, there is no section of the zoning ordinance that permits the establishment of existence of marijuana facilities within the village.

The ordinance, now just short of being 25 years old, was written to specifically list A-Z businesses permitted to operate in designated districts with the village, Katz explained. In working to incorporate marijuana facilities into the list, the Planning Commission is currently overhauling the ordinance, rather than simply adding an amendment.

The way the ordinance was written, it specifically listed A-Z businesses permitted to operate in the district, Katz explained. To incorporate marijuana-related businesses into the plan, the entire zoning ordinance is being completely overhauled.

“We’re going to add a whole bunch of new zoning districts,” said Katz, “and we’re going to try to get away from pigeonholing ourselves with only A through Z is allowed in here.”

Currently, according to the ordinance, referred to as Number 127, the village is comprised of three districts:

1. Residential District

• R-1 Residential District

2. Commercial District

• C-1 General Commercial District

• C-2 Downtown Commercial District

3. Industrial District

• I-1 Light Industrial District

In addition to creating new zoning districts, the new ordinance will be based on what the Village wants in each of them, Katz said.

In accordance with the Michigan General Law Village Act, the Planning Commission was required to conduct a public hearing while updating or altering the existing zoning ordinance, which occurred at the Aug. 24, 2020, Planning Commission meeting.

Members of the public were given five minutes to address the commission. The majority of comments were favor of allowing a marihuana business in the Village, states the meeting minutes. Comments in favor were mixed, with some supporting a medical marihuana business, while others supported adult use marihuana businesses. Comments were made opposing marihuana businesses in the Village and the size of buffer zones for residential properties located in the C1 and C2 Commercial zone.

Katz said there are challenges currently facing the council regarding discussions on moving forward, foremost is currently there are only four people on the council.

“There is a lot of gray area in regards to what you can pass with only three votes,” he said.

As the Planning Commission works on the zoning ordinance, it too has been hindered by a lack of members. The commission is comprised of five seats, but it was not until last Tuesday’s Village Council meeting that the two remaining vacancies were filled.

Still another potential for difficulty arose when Calumet-Laurium-Keweenaw Schools purchased a building on Sixth Street. The potential in that instance arose because with the legalization of marijuana in Michigan, the state set a buffer zone of 1,000 feet between a school property and the nearest marijuana facility, unless that buffer was amended by the local municipal government.

“Essentially,” said Katz, “that comes down to the council. Do they want 1,000 feet, do they want 500 feet, do they want 200 feet? Because if it’s 200 or 500 feet, that probably doesn’t reach that new CLK building in the village.”

If, on the other hand, the council does decide to retain the 1,000-foot buffer zone, due to the small size of the village (according to the village’s development prospectus, the village is a quarter of a square mile in size. Eight of the village’s 26 blocks are downtown), the village is too small to maintain a 1,000-foot distance distance between a school property and a marijuana facility.