Planning commission approves business-district zoning revisions, adds lower-potency hemp edibles and clarifies processes

Detroit Lakes planning commissioners voted to forward a package of zoning-ordinance amendments for business districts after a staff presentation and discussion of several policy changes affecting permitted and conditional uses.

Staff said the draft removes obsolete definitions, clarifies that commercial lots are limited to 85% impervious surface coverage, and standardizes permitted uses alphabetically across the B1, B2 and B3 districts. As part of that standardization, the draft explicitly includes cannabis-related provisions and adds a carve-out for lower-potency hemp edibles and THC beverages: "lower potency hemp edibles…allows people to sell gummies or whatever and also THC beverages," a staff explanation said, and the draft would not subject those lower-potency hemp sales to the same buffers required for cannabis businesses.

The package also codifies outdoor display, sale and rental as a permitted principal use where previously it had been handled informally; side-yard setbacks in the B3 district were revised (10 feet normally, 20 feet on corner lots); and the ordinance was changed to allow retaining walls in shore-impact zones — a change that was relevant to an earlier variance considered that night.

Commissioners debated whether child-care and care facilities should remain conditional uses or be reclassified as permitted uses. Several commissioners argued to make care facilities permitted to reduce barriers, noting state and local licensing and oversight. Staff agreed to change care facilities to a permitted use in the draft language.

Staff also described a timing change that requires applicants to file far enough in advance (the month prior to the desired meeting) to accommodate newspaper-notification deadlines; the change drew a procedural concern from Dylan, who noted the city must track and, when necessary, request statutory 60-day extensions so final action does not run afoul of state timelines.

After discussion the commission moved, seconded and approved the amendment package; staff said the package will go to the community development committee and then to city council for readings and final action.