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Commission backs zoning changes to define and restrict tobacco and vape shops in CD3C zone
Summary
Staff proposed and the commission approved text amendments to zoning definitions and the use table to treat tobacco and vape product sales as a distinct 'tobacco/vape shop' use, drop a floor-area test, and require special permits with limits in CD3C including a one-mile separation and state license before CO is issued.
The Planning & Zoning Commission voted to advance zoning text amendments that redefine vape and tobacco retail and add new limits for tobacco/vape shops in the CD3C zoning district.
Planning staff told the commission that enforcement problems arose from an earlier floor-area threshold (25% of floor area devoted to vape/tobacco sales) that was difficult to measure. The proposed changes delete the 25% floor-area test, create a single definition that covers tobacco and vape shops, and explicitly remove tobacco/vape sales from the general definition of retail.
Article 4 use-table changes would make tobacco/vape shops a special-permit use in CD3C with conditions: (1) a one-mile minimum separation between standalone tobacco/vape shops modeled on the city’s cannabis-dispensary spacing, (2) no product display within 10 feet of the façade glass (the language is intended to apply to interior displays), (3) obligation to obtain the state tobacco/e‑nicotine license before receiving zoning/building COs, and (4) added storefront signage requirements identifying tobacco products. Staff and commissioners discussed how the rule would affect existing establishments, nonconforming uses and state-licensed sellers (such as gas stations, pharmacies and grocery stores are listed as statutory exceptions).
The commission asked staff to verify lists and mapping of existing shops and confirmed referrals to adjacent communities and WestCOG were completed. After public referral and a motion to approve, commissioners conducted a roll-call vote and approved the amendments for forwarding.
