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Planning staff proposes 1,000-foot buffer for tobacco-related retail near schools and parks

Irving City Council · February 13, 2026
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Summary

Planning staff presented an ordinance creating standards for tobacco-related retail businesses, including a prohibition on new stores within 1,000 feet of schools (grades 1–12 with >100 students) or public parks and continuing legal nonconforming status for existing stores.

City planning staff asked the council to consider an amendment to Irving’s development code to create a new classification for tobacco-related retail businesses and to adopt performance standards aimed at limiting exposure to youth.

Under the proposed ordinance, tobacco-related retail businesses (stores where tobacco-related products are sold for off-site consumption) would be prohibited within 1,000 feet of a school or a public park. The draft defines "school" to mean grades 1 through 12 with more than 100 students and applies a property-line-to-property-line or door-to-door measurement depending on parcel layout. When the ordinance uses the word "prohibited," staff said it would prevent even requests for special permits or variances in the restricted buffer area.

Staff also described illumination requirements (exterior lighting to be turned off after business hours) and other development standards. Existing businesses within the new buffers would remain legal nonconforming uses and could continue operations indefinitely unless they cease activity for a specified period or attempt to expand their sales in a way that would forfeit that status. Planning staff said they mailed approximately 2,600 postcards to notify property owners on Jan. 13.

If adopted, the amendment would limit where new tobacco retail outlets can locate and create a clearer regulatory framework for permitting and enforcement; staff presented maps showing school and park buffers and described new definitions and map-based notifications used during outreach.