A. A retail tobacco specialty business beginning operation after May 8, 2012, is required to have a minimum separation from each of the following uses:
1. One thousand feet (1,000') from:
a. A public or private kindergarten, elementary, middle, junior high or high school;
b. A licensed childcare facility or preschool;
c. A trade or technical school;
d. A church;
e. A public library;
f. A public playground;
g. A public park;
h. A youth center or other space used primarily for youth oriented activities;
i. A public recreation facility;
j. A public arcade; and
2. Six hundred feet (600') from:
a. Another retail tobacco specialty business;
b. An agriculture zone or use;
c. A residential zone or use.
B. The distance separation shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property line of the other uses without regard to intervening structures or zoning districts.
C. Retail tobacco businesses established prior to May 9, 2012, that do not meet the minimum separation requirements are nonconforming uses and are subject to the nonconforming use provisions with the exception of abandonment of use. A nonconforming retail tobacco specialty business use is deemed abandoned if it is suspended or discontinued for more than sixty (60) consecutive days or the business license expires without renewal or is permanently revoked.
(Ord. 2013-50, 12-3-2013)