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City council holds public hearing on ordinance to regulate vape and smoke shops
Summary
At a public hearing on Ordinance 9308, Bowling Green planning staff outlined proposed zoning code amendments to restrict locations, signage and certain operational features of vape and smoke shops; no vote was taken.
Bowling Green held a public hearing on Ordinance 9308, a proposed amendment to Chapter 150 of the city zoning code that would define and regulate vape and smoke shops, Planning Director Heather Sailor told the council.
The proposed ordinance would add vape and tobacco retail uses to the zoning code, conditionally permit them in commercial, interstate commerce and central business zones, allow them in Innovation and Employment (IE) zones, and impose location, signage and operational limits, Sailor said. The rulemaking follows a six-month moratorium the council adopted April 7 on new vape and smoke establishments.
The Planning Department presented the amendment after research into other communities’ zoning approaches and input from the Planning Commission. Staff told the council the Planning Commission first reviewed the topic May 7, discussed draft text on June 4, reviewed revisions July 2 and set a required public hearing for Aug. 6 before forwarding the text changes to council.
Under the proposal, primary elements include: a 1-mile spacing requirement between vape/smoke shops modeled on the city’s marijuana controls and state guidance; a 1,000-foot buffer from schools, universities, public parks, public libraries, places of religious assembly, child daycare centers and other uses established for minors; a prohibition on walk-up windows, drive-through windows and outdoor merchandise display or storage for this use; hours of operation limited to 10 p.m. to 8 a.m.; required signage at public entrances stating the legal age for purchase and that minors may not enter unless accompanied by a parent or legal guardian; and window signage limited to no more than 25 percent of window surface area, with animated or flashing internal signage subject to existing restrictions.
Staff provided maps showing existing shops and buffers and said the city currently lists 12 primary vape/tobacco shops and 15 with that as a secondary use. Sailor said one caller contacted the planning office about opening a downtown shop during the moratorium but was told an application could not proceed while the moratorium remained in effect. Council members said the moratorium is slated to expire Oct. 8.
On the question of existing businesses, staff said current tobacco/vape retailers would be treated as legally nonconforming and permitted to continue operating unless their status is lost through a period of inactivity specified in the city’s nonconforming-use code; staff said they needed to confirm whether that period is six months or one year.
No members of the public spoke and the council did not take action during the hearing. Council discussion during the item was limited to clarifying questions about the proposed text, current signage rules, and the Planning Commission’s review. Planning Director Sailor said that other communities’ codes influenced several of the proposed regulations, and that planning staff made minor edits after the commission’s feedback.
The public hearing closed with no vote; the council may consider the ordinance at a future meeting.
