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Wylie P&Z backs ordinance change making new smoke‑product retailers subject to special use permits
Summary
The commission recommended ordinance amendments to remove 'smoke shop' as a standalone use and require new retailers of smoke, vape and similar products to obtain special use permits; the change passed the commission 7-0.
The Wylie Planning and Zoning Commission voted 7-0 on March 18, 2025 to recommend ordinance amendments that would eliminate “smoke shop” as a separate use and require new retailers selling smoke, vape and similar products to seek a special use permit.
Staff told the commission the change responds to enforcement difficulty with a previous rule allowing general retail stores to sell smoke products so long as they occupied less than 25% of floor space. After reviewing other cities’ practices, staff proposed eliminating the separate smoke‑shop use and instead treating any new business selling smoke, vape, CBD or THC‑type products as subject to a special use permit process.
Under the ordinance language presented, the SUP process would allow the city to set conditions similar to existing rules for alcohol sales or check‑cashier uses, including minimum distances from schools and churches. Staff said existing businesses that currently sell these products would be allowed to continue without obtaining a new SUP; the change would apply to new establishments.
Commissioners asked about odor and smoke exhaust complaints raised at prior hearings. Staff clarified that building‑code requirements and existing regulations address interior ventilation and filtration and that a business that allows on‑site consumption would be classified as a smoking establishment (a different use) and be reviewed as such.
“Just because you sell it doesn’t mean if you allow people to consume any of those products on‑site, you’ve gone from a smoke shop to a smoking establishment,” a staff member said.
A commissioner moved to accept the ordinance change as presented; the motion carried 7-0.
Staff said the ordinance language remains open to refinement following work sessions with city council, and the SUP framework would allow the commission and council to review each retailer on a case‑by‑case basis before authorizing sales of smoke, vape, CBD or THC products.
