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Council considers UDO text changes to include vape shops, distance rules, and a lower product threshold
Summary
Staff presented a Unified Development Ordinance amendment to add 'vape' to the smoke-shop definition, reduce the product-share threshold from 90% to 50%, add distance buffers from schools/parks/libraries/daycares, set permitted hours, and prohibit drive-throughs; staff said existing businesses would be grandfathered.
City planning staff presented a proposed text amendment to the Unified Development Ordinance to update the definition of a tobacco shop to explicitly include vape shops, to add or clarify paraphernalia definitions, and to introduce distance requirements from sensitive uses such as schools, parks, recreation facilities, libraries and daycare/childcare learning facilities.
Staff said the amendment would also change the product-share test that defines a smoke-and-vape shop from requiring 90% of products to be tobacco/vape-related down to 50% of products to align with the state definition. Drive-through and walk-up services would be prohibited for the newly defined uses, and hours of operation restrictions would be added. Staff confirmed that existing businesses would be grandfathered.
Council members asked about the administrative burden, potential grandfathering mechanisms and whether HOA-driven mass variances could be used to streamline repeat cases. Staff said they will research those implementation options and that the amendment would proceed to a public hearing in September and a first reading on Tuesday if council so decides.
