Lebanon council divides vape-shop ordinance, adopts industrial zoning restriction and creates separate population-based rule

The Lebanon City Council voted to divide and approve a revised vape-shop ordinance that confines vape shops to heavy industrial districts and separates out a second, population-based restriction for separate consideration.

Councilor Camille Burdine said she wanted “both” options adopted so the city would be covered; the council instead voted to divide the ordinance into two parts and move forward immediately with the version limiting locations to industrial zones. Councilor Carmack moved to divide the question; Councilor Burdine seconded. The motion to divide passed, and the council adopted the ordinance adopting Exhibit B (the industrial-district approach) as ordinance number 257175.

The debate centered on two approaches presented to the council. One approach — the ordinance originally drafted for council consideration — would limit vape shops by population and by the share of a building’s floor area devoted to vaping sales. The planning commission recommended a different approach: restrict vape shops to heavy industrial districts and specify minimum distances from schools, churches and day cares. Staff said the second approach was developed after reviewing legal advice and practices in other cities.

Jeff Baines, Commissioner of Public Services, explained the procedural change: “The planning commission decided to amend the original request to the 4 square feet. The original one is the 14 by 7. The version you got was the 14 by 7, so we just revised it to reflect what the planning commission actually recommended to the city council.” (Note: this explanation referenced the sign-code item process in the same agenda packet; the planning-commission recommendation for the vape ordinance was described in council discussion as favoring limiting locations to industrial districts with separation distances.)

Council discussion noted legal defensibility as a primary concern. Council members referenced advice that a population-based numeric cap is harder to justify in court than a location-based zoning restriction. Councilor Burdine said, “I would like both. That would cover us,” but the council proceeded with the division procedure and adopted the industrial-district approach while creating a separate ordinance number for the population/percentage option so council could vote on it separately later.

Outcome and next steps: the council approved the industrial-district ordinance for first reading as ordinance 257175. The population/percentage limitation was separated out and assigned a new ordinance number for a separate vote later; council members said the second piece will be considered separately and could be subject to legal challenge if adopted.

Votes and formal action

- Motion: Divide the question to separate the population/percentage restriction from the zoning-based ordinance (mover: Councilor Carmack; seconder: Councilor Burdine). Outcome: approved. - Motion: Adopt Exhibit B (rezoning/industrial-district restriction) and eliminate Exhibit A (population/percentage limitation) as ordinance number 257175. Outcome: approved.

Speakers

- Mayor Bell, Mayor, government - Councilor Camille Burdine, Councilor, government - Councilor Carmack, Councilor, government - Councilor Crowell, Councilor, government - Councilor Ashley, Councilor, government - Councilor Morehead, Councilor, government - Jeff Baines, Commissioner of Public Services, government - Andy, staff member (city attorney/planning advisor as discussed), government

authorities:[{"type":"ordinance","name":"Ordinance (vape-shop regulatory text as presented in agenda) - Exhibits A and B","referenced_by":["vape-shop-ordinance-division-257175"]}],

actions:[{"kind":"ordinance_first_reading","identifiers":{"ordinance_number":"257175"},"motion":"Divide the question: separate the population/percentage restriction (Exhibit A) from the zoning-based restriction (Exhibit B); adopt Exhibit B as ordinance 257175 and assign a new ordinance number to Exhibit A for separate consideration.","mover":"Councilor Carmack","second":"Councilor Burdine","vote_record":[{"member":"not specified","vote":"yes"}],"tally":{"yes":7,"no":0,"abstain":0,"absent":0,"recused":0},"legal_threshold":{"met":true,"notes":"City council voted; procedural division and adoption recorded in meeting minutes."},"outcome":"approved","notes":"Council divided the question and adopted the industrial-district zoning restriction as ordinance 257175; a separate ordinance number was assigned for the population-based option for later consideration."}],

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