Nacogdoches staff proposes special‑use permits and buffer zones for vape and tobacco retailers

City staff recommended a targeted regulatory framework for retail tobacco, vape and smoke stores during the May 7 zoning work session, proposing both a single authoritative definition and new location controls.

Nathan Dietrich explained staff’s approach: anchor the technical definition of vape and smoke devices in Chapter 46 (health and sanitation) and reference that single definition from the zoning code (Chapter 118) to avoid duplicate edits across multiple sections. “we are going to Anchor that definition and keep it in 46 and then everywhere else where we talk about Vape shops in in zoning we’re going to reference 46,” he said.

The land‑use change: staff proposed treating retail tobacco/vape/smoke stores as a distinct land use in the land‑use matrix (page 57 of the packet) rather than the prior “retail” catchall. Under the draft, those stores would require a special use permit in commercial areas and be permitted by right in industrial zones.

Location controls: staff also proposed a straight‑line minimum‑distance rule. As presented, the minimum distance would be measured in a straight line to the nearest portion of a building used by a church/place of worship, a public or private elementary or secondary school, a public park, a hospital or another retail tobacco/vape/smoke store. Nathan described the proposed rule as a tool to limit proliferation near schools and the university corridor.

Council reaction and process notes

Councilmembers generally supported addressing clustering near schools but sought assurance the proposed approach would not improperly shift decisions away from the council. One council member voiced concern that the draft looked like it would “give a lot of that power ... to city staff rather than coming before us.” Staff responded that the special use permit process for these shops would still proceed through Planning & Zoning and City Council under the proposed language.

Next steps

Staff said the changes would be refined in redlines and returned for further discussion; existing vape shops would be grandfathered, but new or changed uses would be subject to the new rules when they change hands or use. No permit or fee schedule was specified in the presentation.