Plan commission asks staff to map school buffers as it considers zoning limits on smoke and vapor shops

The East Troy Plan Commission directed staff to prepare zoning analysis and maps to evaluate whether the village should limit where smoke and vapor shops may locate relative to schools and parks.

Warren, speaking for staff, told commissioners that Wisconsin law gives municipalities zoning authority to separate incompatible uses and protect sensitive uses such as schools. He recommended using a zoning code amendment — not business licensing alone — to impose distance requirements that would apply prospectively with lawful nonconforming use provisions. Warren cited recent examples in Brookfield and Milwaukee and told the commission that jurisdictions commonly adopt school setbacks in the 500- to 1,000-foot range.

Commissioners raised implementation questions: how distance would be measured, the potential for many nonconforming businesses if a buffer were applied retroactively, and whether a cap on the number of retailers (one per population bucket) is legally defensible. Staff recommended a two-step approach: (1) inventory licensed sellers and produce GIS buffers showing 500–1,000-foot setbacks around schools and parks, and (2) if the commission wishes to proceed, draft comprehensive-plan findings and a zoning amendment supported by public-health rationale.

Commissioners asked staff to bring the map and data back to a future meeting (July or August) so the commission can decide whether to draft ordinance language and a comp-plan amendment. Staff noted existing state and federal regulatory changes have reduced the number of active vapor shops locally, but commissioners said adopting a local zoning framework would help avoid reactive approvals if new businesses seek to open near schools.