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Lockport planning commission adopts narrower definition for "tobacco shop" in zoning code
Summary
The commission approved Ordinance No. 24‑026 to amend Chapter 156, lowering the revenue threshold to qualify as a "tobacco shop" from 80% to 20% and adding exemptions for large retailers and certain licensed establishments, with special‑use requirements in several commercial zones.
The Lockport Planning & Zoning Commission voted to approve Ordinance No. 24‑026 amending Chapter 156 of the city zoning code to change the definition and allowable locations for tobacco shops and smoking establishments. The change lowers the revenue threshold used to classify a retail business as a tobacco shop from 80 percent of gross revenue to 20 percent, and adds exemptions for large commercial retailers and businesses that hold liquor or restaurant licenses.
Kimberly, a city planning staff member, told commissioners the prior 80 percent standard was “a pretty high bar” and that most communities use a roughly 50 percent threshold. The proposed amendment would also designate smoke shops and tobacco shops as special‑use in C1, C2, C2T and C3 zoning districts where those uses are not explicitly permitted, and would explicitly exempt large department‑store environments such as Walmart and Jewel‑Osco, as well as gas stations whose primary business is selling fuel.
Commissioners asked whether existing businesses would be grandfathered. Kimberly said existing, lawfully established uses generally remain unless an annexation agreement or a specific reverter clause requires reversion; expansion beyond an existing lawful use or a reverter clause can change that status. She said transfer of ownership does not automatically terminate grandfathering in every case and that staff would confirm whether particular special‑use approvals are tied to an operator or the land.
After a brief public hearing with no members of the public speaking, the commission moved to adopt the ordinance. The clerk conducted a roll‑call vote; multiple members voted in favor and Quinn was recorded as absent. The ordinance was accepted by the commission and will proceed to the city council as required by local procedure.
The measure aims to give the city more tools to regulate shops whose primary business is tobacco and to align Lockport’s code with other jurisdictions. The ordinance text and the next procedural steps were not further detailed during the meeting.
The commission closed the public hearing and continued with the meeting.
