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Commission recommends defining and restricting 'specialty shops' (vape/smoke shops) as conditional use in C2
Summary
The commission voted 6–0 to recommend a zoning‑text amendment that would define specialty shops (vape/smoke shops) and make them conditional in C2; staff said a municipal code amendment will limit numbers and proximity to schools and parks.
The Planning Commission voted 6–0 to forward a city‑sponsored zoning text amendment that defines “specialty shops” — commonly referred to as vape shops, smoke shops or head shops — and classifies them as a conditional use in the C2 zone.
Planning staff said the change is intended to pair with a municipal‑code amendment that will regulate specialty shops more directly: the municipal code change would limit the number of such stores, impose minimum distances from schools, churches and parks, and establish licensing and operational rules similar to existing rules for liquor retailers.
Sam Luthy explained that because the zoning ordinance currently lacks a defined use for these businesses, they fall under a broad “light retail” category with few location restrictions. Defining the use and placing it in C2 as a conditional use will give the city clearer authority to review and regulate applications.
Public‑safety concerns were raised by a presenter identified in the meeting as Zach Hickson, who described high‑THC products being sold and reported that some test samples exceeded expected limits; Hickson said youth access and overdoses have been observed and that state regulation has shifted oversight in recent months. Commissioners discussed that a related state bill (referenced in the meeting) may affect how these businesses are regulated at the municipal level.
Staff also said the ordinance change will improve the city’s ability to distinguish specialty shops from convenience stores and to apply targeted public‑safety and proximity restrictions. Commissioners voted to forward a favorable recommendation to the Board of Mayor and Aldermen; the vote was 6–0.
Votes at a glance: Motion to recommend zoning amendment defining specialty shops and adding them as a conditional use in C2 — mover: Mr. Sellers; second: Mr. Rice; outcome: recommendation sent 6–0.
Staff cautioned that existing businesses could be subject to legal nonconformity rules; the proposed municipal‑code changes (to be considered by the Board of Mayor and Aldermen) will address licensing, proximity standards and limits on the number of retailers.
