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Planning commission recommends zoning restrictions for hemp shops, including 1,000-foot buffer
Summary
The Planning and Zoning Commission voted to recommend zoning text amendments establishing restrictions for hemp shops — including a 1,000-foot buffer from sensitive uses, odor/nuisance rules and parking/access standards — while acknowledging enforcement limits until state rules are finalized.
The City of Fenton Planning and Zoning Commission on Oct. 1 recommended amendments to the zoning code to regulate hemp shops, adopting draft language that mirrors many rules applied to marijuana dispensaries.
Amy (city staff) presented the draft (Case 2024-TXT09), which would prohibit outdoor operation and on-site use at hemp shops, add parking and access requirements, and require odor and nuisance controls. The draft also establishes a 1,000-foot spacing requirement that would prevent new hemp shops from locating within 1,000 feet of churches, daycares, schools, dispensaries or other hemp shops; existing shops would be treated as legal nonconforming uses and could remain.
Staff said the state’s executive actions and rulemaking on intoxicating hemp products remain unresolved; the Department of Health and Senior Services recently issued guidance focusing enforcement on misbranded products that mimic candy or other foods. Staff told the commission formal state rulemaking could take six to eight months, leaving local rules as the city’s primary regulatory tool in the near term.
Commissioners asked whether the city could limit operations to only those hemp shops selling intoxicating products; staff said policing that distinction would be difficult because the products in question are legal at present and age restrictions and enforcement are primarily state responsibilities. Several commissioners said the aim of the local draft was to limit locations near sensitive uses (particularly places children might walk to) and to get ahead of slower state action.
After discussion, the commission moved and approved the proposed text amendment as drafted. The roll-call vote recorded one no vote from Vice Chairperson Sherrill; other voting members approved the recommendation. The commission noted that, if the state later issues a ban or stricter rules, the city could revisit or amend the local text.
The draft will be forwarded as the commission’s recommendation to the Board of Aldermen for their public hearing and final action.
