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Home My WebLink AboutO-4112-9-24ORDINANCE NO. 4112-9-24 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 4.20.2 “SCHEDULE OF PRINCIPAL USES” BY ADDING “SMOKE SHOP” AS A USE; AMENDING ARTICLE VI “SPECIAL ZONING PROVISIONS,” SECTION 6.06 “SUPPLEMENTAL USE REGULATIONS,” BY ADDING A NEW SUBSECTION 6.06.17 “SMOKE SHOP” RELATING TO THE DEVELOPMENT STANDARDS FOR SMOKE SHOPS; AMENDING APPENDIX A “DEFINITIONS,” BY ADDING THE DEFINITION OF “SMOKE SHOP”; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there has been a proliferation of retail establishments which sell smoking products within the City of Allen; and, WHEREAS, the City of Allen desires to limit the proliferation and density of such retail establishments for the benefit of the health and safety of the community; and, WHEREAS, the City of Allen desires to amend the Allen Land Development Code to add a new land use category and specific use permit requirement for Smoke Shops for the health and safety of the community; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the Allen Land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should be further amended as follows. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Article IV “Zoning Regulations,” Section 4.20.2 “Schedule of Principal Uses,” of the Allen Land Development Code, is amended by adding the use “Smoke Shop” establishing the zoning districts in which such use is permitted with a specific use permit, as follows: RESIDENTIAL USES TYPE OF USE NON-RESIDENTIAL DISTRICTS R1 R1.5 R-2 R-3 R-4 R-5 R-6 R-7 2F TH MF12 MF18 MH AO GO O LR SC LC GB CC IT LI HI CF . . . SMOKE SHOP S S . . . Ordinance No. 4112-9-24, Page 2 SECTION 2. Article VI “Special Zoning Provisions,” Section 6.06 “Supplemental Use Regulations,” of the Allen Land Development Code, is amended by adding a new subsection 6.016.17 “Smoke Shop,” to read as follows: “Article VI – SPECIAL ZONING PROVISIONS … Sec. 6.06 – Supplemental Use Regulations. … Sec. 6.06.17 – Smoke Shop. 1. Intent. The intent of these regulations is to provide separation, development, and operational standards for Smoke Shops to best serve the public health, safety, and welfare of residents and businesses within the City. 2. Applicability. For the purposes of this section, the standards of this section apply to new establishments of Smoke Shops. An establishment is considered new when no previous Smoke Shop existed at that location for a period of ninety (90) days or greater immediately preceding the filing date of an application for permit under this section. 3. Vesting. a. Any existing establishment meeting the definition of Smoke Shop and retaining a valid Certificate of Occupancy as of September 24, 2024, that is not in compliance with this section shall be considered a legal nonconforming use and shall be subject to the provisions of Sec. 4.05 of this Code. b. Notwithstanding the provisions of Section 4.05.3.c. of this Code, any existing establishment meeting the definition of Smoke Shop and retaining a valid Certificate of Occupancy as of September 24, 2024, that discontinues active operation for more than six (6) months, shall be considered a termination of the use and all privileges and rights held therein. 4. Location Requirements. Smoke Shops are permitted in accordance with the schedule of uses in this Code, subject to the following: a. Shall not be located within 300 feet of a single-family zoned property, church or other religious facility, public hospital, or daycare facility; b. Shall not be located within 1,000 feet of a public, private, or parochial school; c. Shall not be located within 1,000 feet of another Smoke Shop that is in current operation; d. The measurement of the distances of the subsections (a)-(c) above shall be in a direct line from the property line of the applicable use to the property line of the Smoke Shop, and in a direct line across intersections; and Ordinance No. 4112-9-24, Page 3 e. The City Council may grant exceptions to location requirements set forth in subsections (a)- (c) above if it determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant, does not serve its intended purpose, is not effective or necessary, or for any other reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. An application for this exception must be filed in writing with the Community Development Department accompanied by a fee established by the City Council by resolution from time to time. The request shall state the location requirement(s) of which an exception is sought and the reasons and justification for such an exception. The City Council shall act on the request at the next meeting for which notice can be provided, and, in any case, not later than the 60th business day after the date the request is filed. The failure to act within the 60-day period shall be deemed an approval of the request. The decision of City Council shall be the final decision for the request. 5. Development and Operational Standards. Smoke Shops shall comply with the following development and operational standards: a. A Smoke Shop shall not knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within the premises. b. A Smoke Shop located in a building sharing one or more common walls or sharing common attic space with another retail or commercial establishment shall not allow product use on the premises in a manner that interferes with any other establishment's use or enjoyment of the premises. c. A floor plan shall accompany any new application for a Certificate of Occupancy. The floor plan shall be drawn to scale designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, and areas of ingress and egress. d. A Smoke Shop owner or operator shall not permit criminal activity on the premise of the Smoke Shop, including the sale of illegal products. …” SECTION 3. Appendix A “Definitions” of the Allen Land Development Code is amended by adding the definition of the phrase “Smoke Shop” to read as follows: “… Smoke Shop means a retail establishment utilized primarily for the sale of cigarettes, electronic cigarettes, vapes, cigars, tobacco, pipes, and other smoking supplies. On-site smoking or consumption is prohibited. …” SECTION 4. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance shall be controlling.