ZONING TEXT AMENDMENT NO. 25-001
SMOKE/TOBACCO SHOPS
March 18, 2025
REQUEST
Zoning Text Amendment (ZTA) No. 25-001:
Amend four chapters of the HBZSO
Smoke/Tobacco Shop Regulations
Define Smoke/Tobacco Shop
Prevent overconcentration of use
Reduce exposure to sensitive uses
Chapter 212 - Delete duplicate text
PURPOSE & BACKGROUND
Cities and counties have passed additional policies to implement state laws and regulations regarding tobacco retailers Many jurisdictions restrict:
What retailers may sell
Where retailers may be located
Counter efforts to attract new (younger) customers
HBZSO does not identify tobacco retailers (smoke/tobacco shops) Permitted by right
City Council directed staff to draft standards to regulate these uses Public hearing held February 11, 2025
Planning Commission recommended approval to City Council
SMOKE/TOBACCO SHOPS
Section 204.10 Use Classifications
Retail Sales amended to include the definition of smoke/tobacco shop Identify use
Establish what may be sold under use classification
Section 211.04 CO, CG, and CV Districts - Land Use Controls Land use control table amended to identify where smoke/tobacco shops may be permitted
SMOKE/TOBACCO SHOPS CONT.
Section 230.54 Smoke/Tobacco Shops
Added standards to regulate newly defined Smoke/Tobacco Shops Definitions
Lists items sold in shops
Defines youth-populated area
PreK-12 schools; child-care facilities, libraries; parks; youth centers (e.g. – Boys & Girls Club) Location:
Limited to commercial zones; residential zones prohibited Will continue to be allowed in zones where they are currently allowed 1,000-foot separation from hospitals and youth-populated areas 1,000-foot separation from other smoke/tobacco shops
SMOKE/TOBACCO SHOPS CONT.
Section 230.54 Smoke/Tobacco Shops
Site Standards
Signage to prohibit minors
Visible window area and interior lighting
Smoking prohibited on premise
Nonconforming Shops
Permitted unless
changes use; cannot revert back
abandoned or discontinued for six months
RECOMMENDATION
Planning Commission and Staff recommend approval of Zoning Text Amendment No. 25-001 based on the following:
Consistent with General Plan goals and policies.
Cleans up the HBZSO to improve clarity;
It addresses community need to prevent the proliferation and cluster of smoke/tobacco retailers, especially near youth populated areas
Questions?