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Commission urges council to prohibit new smoke shops across Missouri City
Summary
The Planning and Zoning Commission voted Sept. 10 to forward a zoning ordinance to City Council that would prohibit new smoke shops in the city's commercial districts; existing, legally operating shops would be nonconforming uses.
The Missouri City Planning and Zoning Commission on Sept. 10 voted to forward a proposed zoning ordinance to City Council that would prohibit new smoke shops in the city’s commercial districts and define the use for zoning purposes.
Planning staff said the draft ordinance would define “smoke shop” by the percentage of sales tied to smoke/vape products and would bar smoke shops as a permitted use in all commercial zoning districts. Staff noted the city is currently under a moratorium that prevents new smoke-shop applications and that the proposed ordinance is intended to establish permanent rules before that moratorium expires. The staff presentation included a matrix of approaches used by neighboring cities, ranging from outright bans to buffer and hour-of-operation restrictions.
Staff told commissioners that existing, legally operating smoke shops would become nonconforming uses under the ordinance — meaning they could continue to operate but new ones could not open; any change that would expand or reestablish location could be limited by nonconforming-use rules. The draft ordinance includes hookah businesses if sales meet the smoke-shop threshold, staff said.
No members of the public spoke during the public hearing on this item. Commissioners discussed the ordinance’s intent to limit new concentrations of smoke shops and referenced how nearby jurisdictions’ restrictions may have shifted market activity into Missouri City.
The commission’s motion to forward the ordinance to City Council with a positive recommendation (to prohibit new smoke shops in commercial districts) was made by Commissioner Bridal and seconded by Commissioner O’Malley; the motion carried by voice vote.
Next steps: the ordinance will be presented to City Council for public hearing and final consideration. Staff noted that any existing smoke shops that are legally permitted and have certificates of occupancy would not be immediately closed but would be treated as nonconforming uses under the proposed standards.
