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Midlothian amends code to require permits and distance limits for CBD, vaping and specialty tobacco shops
Summary
The Planning & Zoning Commission approved a text amendment requiring specific use permits for stores selling CBD, hemp‑derived products, vaping devices and certain tobacco products and amended the proposed proximity standard to 1,000 feet after commissioner input; staff recommended safeguards for pharmacies and large retailers.
The commission voted to amend the zoning ordinance to add a new section regulating retail stores that sell tobacco, e‑cigarettes, vaping devices and hemp/CBD products, requiring a specific use permit in certain districts and defining related terms. Staff described a "belt‑and‑suspenders" approach modeled on neighboring cities, and proposed distance requirements and measurement criteria to limit clustering and protect sensitive uses such as schools and parks (staff presentation, SEG 671–751).
Staff originally proposed 500 feet as the buffer but multiple commissioners suggested aligning with Mansfield and Cleburne at 1,000 feet. After discussion and a motion to amend the draft to 1,000 feet, the commission approved the amendment (motion, second and unanimous roll call recorded in the transcript, SEG 931–942). Staff emphasized that existing, lawful businesses would not lose their certificates of occupancy and could remain as nonconforming uses as long as operations do not lapse for six months.
Staff noted exemptions for pharmacies dispensing by prescription and larger retailers where products are incidental to general merchandise. Staff recommended the text amendment to give the city discretion to review new specialty stores through an SUP and to impose conditions such as distance from schools, parks and some commercial corridors.
Next steps: The proposed ordinance language and measurement rules will be forwarded to city council for final consideration; affected business owners were notified and staff said they had spoken to the eight specialty shops in town.
