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Wauwatosa holds public hearing on proposed zoning limits for cigarette, vape and THC retailers
Summary
Council opened and closed a public hearing on a proposed text amendment to Wauwatosa's zoning code that would restrict locations and operations of cigarette, tobacco, e-cigarette and vape retailers; no members of the public spoke and the council will vote next month.
Wauwatosa's Common Council opened a public hearing on a proposed ordinance to amend Title 24 of the city's Zoning Code to regulate locations and operations of cigarette, tobacco, e-cigarette and vape retailers.
The proposal, introduced by Alderperson Bridal and presented by city staff, would: expand the definition of cigarette and tobacco shops to explicitly include retailers of vape products, e-cigarettes and THC/cannabis smoking products; lower the threshold that defines ancillary sales of tobacco and vape products from 25 percent of retail floor area to 10 percent; prohibit such retailers in the C-1 and C-2 commercial zoning districts; allow them only in M-1 and M-2 industrial zones with a conditional use permit; bar them from locating within 1,000 feet of a daycare, K-12 school or public park; require a minimum distance of one mile between each such establishment; and require applicants for a conditional use permit to submit a detailed signage plan as part of CUP review.
The city attorney confirmed the public notices had been published. The ordinance was described by staff as a response to public health concerns about proximity of tobacco and vape retailers to youth-oriented facilities, and staff cited similar regulations adopted by the Cities of Milwaukee and Madison.
No members of the public spoke in favor or in opposition during the hearing, and there were no written e-comments. After asking for questions and hearing none, the mayor closed the public hearing. The council will consider the ordinance and a formal vote at a future meeting next month.
Why it matters: The draft text amendment would significantly expand the city's regulatory reach over tobacco- and vape-sales businesses by changing definitions, lowering the ancillary-sales threshold, shifting allowed districts, and imposing distance buffers around schools, daycares and parks. Those changes could alter where such retailers may locate in Wauwatosa and would require conditional-use review where allowed.
What happens next: Because the public hearing record is closed, the council will have the ordinance on a future agenda for final action. If adopted as drafted, the measures would change zoning allowances and setback requirements; if the council modifies the draft, the specifics would change before final adoption.
