(A) Intent. To provide for the orderly regulation of smoke shops and/or smoking lounges as defined in this code, and to conditionally permit that use and allow for the orderly regulation associated with such activities.
(B) Conditional use. Smoke shops and/or smoking lounges are conditionally permitted only in the Downtown Commercial (DTC) and the Limited Industrial (M-1) Zoning Districts. A conditional use permit is required prior to the commencement of operations for this use. The conditional use permit shall not run with the land, but shall expire when the original holder of the conditional use permit ceases activity for longer than 30 days.
(C) Development standards. All smoke shops and/or smoking lounges must comply with the following standards.
1. Zoning district where use is allowed. The use is not allowed in any areas other than in the Downtown Commercial (DTC) and Limited Industrial (M-1) Zoning Districts.
2. Location. This use shall not be permitted within 500 feet of another smoke shop or smoking lounge, elementary school, middle school, high school, public library, public park or church.
3. Location in regard to minors. This use shall not be permitted within 500 feet of a youth oriented establishment characterized by either or both of the following:
(a) An establishment which advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors; or
(b) The individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. The uses and zones set forth in this section shall be collectively known as “sensitive uses”. The distance between a smoke shop and/or smoking lounge and this identified “sensitive use” shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure to the property line of said structure in which the “sensitive use” is identified.
4. Accessory use. A smoke shop and/or smoking lounge is not and shall not be approved as an accessory use to any other use permitted by this code.
5. Location within shopping center. If the use is located on a parcel within a shopping center, the distance between the smoke shop/smoking lounge and the locations described in subsections (C)2. and (C)3. of this section, shall be measured from the outermost boundary of the shopping center, including the boundary of the parking lot, landscaping or sidewalk if applicable.
6. Minors. Minors (defined as ages under 18 years) shall be prohibited from entering the above mentioned establishments.
(D) Exemptions. None.
(Ord. 622, passed 1-20-2015)