Powell's zoning code got its first major rewrite in roughly three decades Aug. 5, but not before a contentious 4-3 vote split council over whether to ban cannabis dispensaries outright.

The four-member majority stripped all dispensary language from the new code, leaving the city's existing moratorium on marijuana retail in place through Dec. 31 and forcing council to revisit permanent cannabis regulations before year's end.

Vice Mayor Tom Counts, Councilman Leif Carlson and Councilman Kurt Ramsey voted against the amended code, preferring the original draft that would have prohibited dispensaries from operating in Powell. Councilman Carlos Crawford, who voted with the majority, framed the amendment as a forcing mechanism.

"If we amend, we have a moratorium and it forces us to have conversations and move to regulation, but if we don't amend, then it's just done, right?" Crawford said at the meeting. "We may or may not have further discussion. We don't have to."

City Manager Andy White confirmed the city has received inquiries from parties interested in opening a dispensary in Powell. The moratorium, in place since 2024 and now on its third extension, bars retail cultivation, processing and dispensing of adult-use and medical marijuana citywide.

What the new code changes

The rewrite, designated Ordinance 2026-14, replaces Part Eleven of Powell's codified ordinances and takes effect 30 days after the vote, on or about Sept. 4. Delaware Source first reported the vote Thursday.

Planning Director Logan Stang told council the new code's downtown multi-use district, which covers most of downtown Powell, allows multi-family housing but prohibits construction of new single-family homes there. Single-family character, Stang said, is concentrated in the city's northwest quadrant.

That drew pushback.

Resident Megan Dowdell, who owns land in the new multi-use district, told council the rewrite would bar her from building a house on her own property. Resident Dana Irwin spoke in support of Dowdell's concerns.

A second amendment, also adopted Wednesday, requires a conditional-use review and public hearing before anyone can build a duplex or cottage court in the downtown residential district. That change responded to resident concerns about multi-family housing in single-family neighborhoods.

Streamlined reviews, less council oversight

Under the old code, a development project could require four to five public hearings, each taking roughly two months. The new code reduces that to one to four hearings depending on project complexity, shifting routine site-plan reviews from City Council to the Planning and Zoning Commission or administrative staff.

Retired architect Thomas Coffey criticized the shift during public comment. "It was council's last say on any project, and I don't understand why you would take that opportunity away," Coffey said.

Carlson said he shared that concern but could not persuade fellow council members to keep final authority with the elected body.

What comes next

Council must decide permanent cannabis regulations before Dec. 31, when the moratorium expires. No specific hearing date has been scheduled. The new zoning code takes effect in early September, and property owners in the downtown multi-use district will be subject to its housing restrictions when it does.