Staff proposes planned-use requirement for tobacco and vape shops; existing retailers to be grandfathered

5947401 · October 14, 2025

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Summary

City staff proposed adding tobacco and vape retailers to the list of uses requiring planned-use approval, bringing new stores under discretionary public review; nine existing licensed retailers would be grandfathered.

City staff proposed a zoning text amendment to require tobacco and vape retailers to obtain planned-use approval rather than operating by right in certain commercial and industrial districts.

Greg Anderson said the city currently has nine licensed tobacco and vape retailers; under existing code those uses are permitted by right in B-1 (Community Business), B-2 (General Business) and I (Industrial) districts and require only a business registration and an occupancy inspection. The proposed change would add tobacco and vape shops to section 157.115 (planned use when required), which means a new retailer would need a planned-use/PUD application, Planning Commission review, Community Development Committee discussion and ultimately City Council approval.

Anderson said the planned-use process is a discretionary zoning tool intended to surface potential impacts not addressed by standard zoning — including neighborhood character, youth access and public health concerns. He told the committee that any existing nine retailers would be grandfathered; if a property’s use changes away and later reverts to tobacco/vape, the planned-use requirement would apply.

Because the committee lacked a quorum, no committee vote was recorded; the item will appear on the full City Council agenda next week.