Smoke Shops UDC Amendment

Mayor and Council approve Smoke Shops UDC amendment

On November 14, 2023, City of Tucson Mayor and Council approved an amendment to the Unified Development Code (UDC) to establish regulations for smoke shops. These regulations, which apply to all new smoke shops, created a new land use class, and established separation distances between schools, parks, and other smoke shops. Limits on the hours of operation for new smoke shops were also established.

The regulations were adopted by Mayor and Council to address the negative impacts of tobacco products on public health, youth, and the community at large. They came after almost a year of stakeholder and public engagement, community input, and technical analysis to develop the proposal. The regulations went effect on December 14, 2023.

The process to adopt the regulations included the following: 

  • October 17, 2023 Mayor and Council considered the proposed Smoke Shop UDC Amendment, and continued the item to receive additional community input.
  • September 13, 2023 The City of Tucson Planning Commission held a Public Hearing on the proposed Smoke Shop Unified Development Code (UDC) amendment. At that meeting, the Planning Commission voted 7-0 to forward a recommendation to the City of Tucson Mayor and Council. Materials from that public hearing may be found on the Planning Commission page here. 
  • August 16, 2023 The City of Tucson Planning Commission held a Study Session on the proposed Smoke Shop UDC amendment. At that meeting, the planning commission reviewed the proposal and voted 11-0 to forward the item to a Planning Commission Public Hearing. Materials from that study session may be found on the Planning Commission page here. 
  • February 7, 2023 Mayor and Council requested that Planning and Development Services Department staff initiate the development of language to establish regulations for smoke shops to address their impacts on youth, public health, and the community. Planning and Development Services conducted research, consultation, stakeholder engagement, geospatial analysis, and outreach to interested parties and the general public during the development of the regulations.

Mayor and Council Public Hearing

On November 14, 2023, the City of Tucson Mayor and Council held a public hearing to take testimony and deliberate on the proposed Smoke Shops Unified Development Code (UDC) Amendment. This public hearing was continued from the October 17, 2023 Mayor and Council meeting to allow for additional public input.

Details, including the agenda and materials may be found at the Mayor and Council Agenda page here.

Planning Commission Public Hearing

Planning Commission held a study session on a code amendment which would establish new regulations for smoke shops, and set the item for Public Hearing on Wednesday, September 13, 2023 at 6 p.m. 

Mayor and Council directed PDSD staff to develop a code amendment addressing the future location of smoke shops within the City of Tucson. This request grew out of concerns about the accessibility of tobacco and tobacco products to youth and the adverse impacts on community health.

The proposed amendment would create a new land use classification for smoke shops and establish minimum separation distance of 1,000 feet from schools and from other smoke shops. More information about the proposal can be found here.

The Planning Commission Public Hearing was held virtually. Materials from that hearing may be found on the Planning Commission webpage.

On June 27, 2023, Planning and Development Services Department (PDSD) held a public meeting to discuss potential amendments to the UDC related to smoke shops and receive feedback on a few proposed options.

Presentation slides from meeting may be found here.(PDF, 729KB) 

On February 7, 2023, the City of Tucson Mayor and Council held a Study Session to discuss zoning regulations related to Smoke Shops. At that meeting they directed City Staff to initiate a code amendment to the Unified Development Code (UDC) to require smoke shop uses to be separated from one another, and the separation of smoke shops from schools. 

Materials from that meeting may be found here.

 

 

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