Title
Ordinance - Public Hearing and First Reading of an Ordinance Amending Sections 2200 and 4400.B of the Zoning Ordinance to Add a Definition of "Non-Traditional Smoking Related Businesses" and to Establish Permitted Use Regulations for Such Businesses (OA#14-004)
Requested Action
To consider the subject proposed ordinance amendments.
Recommendation
The Planning and Zoning Commission held a public hearing on April 7, 2014, and voted 5 to 0 to recommend approval with a condition that the percentage of sales, rental, stock in trade or display be reduced from 25% as recommended by staff to 10%. Vice-Chairman Dodson and Commissioner Polozola were absent.
Description/History
The proposed amendment will establish zoning requirements for non-traditional smoking related businesses as defined below, allowing them only with a Specific Use Permit in C-3, I-1 and I-2 zoning.
Definiton:
Non-Traditional Smoking Related Business - A retail establishment or other business whose principal business is the offering of a service relating to, or the selling of, renting or exhibiting of products or devices known as water pipes, hookahs, electronic cigarettes or electronic vaping devices, steam stones, hookah pens or any comparable devices. For the purpose of this definition, the term "principal" shall mean over 25% of the volume of sales or rentals, stock in trade or display areas generated from or devoted to the products or devices describing herein.
The definition of "principal" is from the regulations governing adult entertainment establishments. Existing electronic cigarette stores will be grandfathered as legal nonconforming use. If one of the stores is discontinued for more than six months, it will constitute prima facie evidence of the discontinuance of the nonconforming use.
Prepared By
Felix Wong, Director of Planning
817-276-4228