San Angelo ZBA tables appeal of planning director interpretation on vape, tobacco shops in neighborhood commercial zone

The San Angelo Zoning Board of Adjustments on Feb. 3 heard an appeal of a planning director's written interpretation that vape- and tobacco-only retail is not a permitted use in the city's neighborhood commercial (CN) zoning district, then voted to table the case for further review.

The board's chairman asked that the case be delayed "until we have more information and a legal opinion from either the city or the state on this," citing short notice and the novelty of vaping as a land-use question.

The appeal challenges a November interpretation by planning staff that a stand-alone vape-and-tobacco retail operation does not meet the CN district's purpose statement, which is intended to allow low-intensity commercial uses that meet the routine needs of nearby residents. Planning staff presented sections of the San Angelo zoning ordinance (including the ordinance purpose statement and Sections 3.04, 3.15 and 3.18) and argued the use's hours, signage and focused customer base make it more appropriate for higher-intensity commercial districts.

Planning staff said in their presentation that while "retail sales and service" is a listed category, the ordinance is silent on vape-specific uses and staff concluded vape-and-tobacco-only stores are not compatible with neighborhood commercial objectives. "I do not believe that it meets the intent…