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Board recommends zoning rules to limit standalone tobacco/vape shops downtown; asks staff to widen separation distances

3086739 · April 22, 2025
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Summary

The Planning & Zoning Board recommended City Commission approval of a city‑initiated zoning amendment to restrict standalone retail tobacco and nicotine product dealers in the Central Business District, adding a separation rule and display limits; the board asked staff to increase distance requirements before forwarding the amendment.

The Planning & Zoning Board on April 21 recommended that the City Commission adopt a city‑initiated amendment to the Land Development Regulations to regulate standalone retail tobacco and nicotine product dealers.

Staff explained the amendment aims to prevent proliferation of standalone vape and tobacco shops in the downtown by treating those retailers differently from grocery stores and other retailers that sell tobacco incidentally. Key elements presented by staff included a 750‑foot separation between standalone retail tobacco dealers, a central‑business‑district limit of no more than one such shop per block, a 300‑foot buffer from residential zones, schools, public parks, daycare facilities and convenience stores, restrictions on display of nicotine products in windows, and operating hour limits (8 a.m. to 10 p.m.). Staff said the approach mirrors distance and locational restrictions used for alcohol and CBD retailers.

Board members expressed support for regulation but asked staff to tighten some standards. Several members said 750 feet felt too permissive and asked staff to increase the separation distance; others suggested a larger buffer from schools. Staff said existing standalone shops that do not meet new separation standards would be allowed to continue as legal nonconforming uses but that staff would evaluate options for whether future transfers or sale should affect grandfathering.

A motion to recommend the ordinance to the City Commission as amended to increase separation distance carried 6‑0. Staff said it will carry the board’s recommendation, with the suggested tweaks, to the City Commission for final action.