Hookah, tobacco, vape and similar establishments shall comply with the following standards:
(A) Shall not be located within 400 feet, measured property line to property line, from any residential zoning districts.
(B) Shall not be located within 1,500 feet, measured property line to property line, from a school (public or private), daycare facility, youth facility, community center, town park or hospital.
(C) Shall not be located within 2,000 feet, measured property line to property line, from another hookah, tobacco, vape or similar establishment. If an establishment is being proposed within 2,000 feet of a location where a previous establishment has closed, a permit cannot be issued for the new location until after the previous establishment has been discontinued or abandoned in accordance with § 153.036, Abandonment and Discontinuance of Non-conforming Situations.
(D) All federal, state, and local laws, rules, and regulations must be adhered to in the operation of such establishments. This includes regulations pertaining to advertisements, age restrictions, and the legality of products sold.
(E) Hookah, tobacco, vape and similar establishments that are legally existing on the effective date of Ord. 2024-06 may continue to operate/expand/renovate in accordance with § 153.031, Continuation of Non-conforming Situations and Completion of Non-conforming Projects.
(F) The required site plan shall meet all applicable town standards to include all land uses within 2,500 feet, measured property line to property line, from the parcel proposed for a hookah, tobacco, vape and similar establishment use.
(G) All street level windows shall be visually permeable between a height of three feet and eight feet above the walkway grade
(Ord. 2024-06, passed 7-9-2024)