According to an on-the-record response from Fair Oaks Ranch city planning staff of City of Fair Oaks Ranch, The City of Fair Oaks Ranch says the existing retailer may continue operating in the same manner if the proposal makes it legally nonconforming.
According to an on-the-record response from Fair Oaks Ranch city planning staff of City of Fair Oaks Ranch, The City of Fair Oaks Ranch says nonconforming-use rules restrict expansion beyond the existing building or area and require future use to comply with the code after intentional abandonment exceeding 180 consecutive days.
The proposal would classify the city’s one existing hemp retailer as legally nonconforming if the proposed conditions are not met. That classification matters because it separates permission to continue the present operation from permission to enlarge it, relocate it or restart it after the city’s stated abandonment threshold.
The draft would create separate land-use categories for hemp and kratom retailers. Both would be conditionally permitted in the Mixed-Use Village and Logistics districts and generally barred within a 500-foot radius of another covered retailer, residences, schools, day cares, religious institutions, alcohol establishments or pawnshops. The radius would not apply to incidental sales occupying 20% or less of a store’s display area.