NEW BUFFALO PUBLIC HEARING NEXT FOR PROPOSED MARIJUANA ZONING

By: Stan Maddux
A public hearing later this month is the next step before a decision is made on whether to allow marijuana dispensaries in New Buffalo.
The New Buffalo Planning Commission on January 18 was presented with a proposed zoning map showing where such establishments can operate if the city decides to allow for the sale of marijuana.
City Manager Darwin Watson was asked to schedule a public hearing for the plan commission to receive feedback on the proposed zoning map before the five member governing body makes a recommendation to the city council.
More than a week later, he was able to come up with a date open for every planning commission member to attend.
The public hearing expected to be attended by some members of the city council is scheduled February 22 at 5:30 p.m. at New Buffalo City Hall.
The proposed zoning map restricts the sale of marijuana to just a handful of areas in the city.
Marijuana dispensaries would not be allowed within 1,000 feet of a school or church and could not be adjacent to residentially zoned areas.
The sale of marijuana would also be prohibited within the city’s central business district.
City Attorney John Weiss suggested removing churches from the distance requirement to avoid opening the door to a potential legal fight.
Weiss said religious establishments are not included under state law on what can be protected with the 1,000 foot requirement.
The distance requirement was allowed to remain when Planning Commission Chairman Paul Billingslea, who supports the restriction, said changes could be made later to comply with any legal challenge.
“We can always dial it back,” he said.
Commission member Debbie Schmidt said she also feels strongly in favor of the requirement.
“I don’t have a problem with marijuana being in town. I just want it to be somewhere where it’s not going to be such an issue for some community members,” she said.
“I think the people of New Buffalo have been clear. They do not want marijuana dispensaries next to their churches and I think that’s something the city will make an effort to support,” said Mayor John Humphrey.
Overall, Schmidt said she was satisfied with the proposed regulations.
“The zoning we put together I think is a good balance for the whole community,” she said.
Humphrey said he believes the proposed zoning reflects the wishes of most citizens, who support the sale of marijuana but only in a select number of locations.
“I don’t think there’s an appetite for 15 marijuana dispensaries. I think there’s an appetite for a few,” he said.
One of the locations eligible for a marijuana dispensary under the proposed zoning is the former Pizza Hut site.
Humphrey said the property is not within the central business district and is separated from a nearby residential area to the south by U.S 12.
Where marijuana shops can locate is being considered first to allow decision makers to educate themselves better on the matter and know the boundaries prior to voting on whether to legalize the sale of the drug locally.
Originally, the city decided not to exercise its option to allow for the sale of marijuana under state law.
Humphrey said a vote on allowing marijuana dispensaries could come, perhaps, in April.