Retail tobacco specialty businesses shall be located and maintained in accordance with the following standards and conditions:
(a) Retail tobacco specialty businesses shall only be allowed as a Conditional Use in areas zoned C-H (Planned Highway Commercial) and not allowed as a Temporary or Seasonal Use in Chapter 19.21.
(b) Retail tobacco specialty businesses shall not be located within six hundred feet (600') of another retail tobacco specialty business within or outside of Layton City boundaries. The distance shall be measured in a straight line from the main entrance of the establishments.
(c) Retail tobacco specialty businesses shall not be located within one thousand feet (1,000') of a community location.
(d) Retail tobacco specialty businesses shall not be located within six hundred feet (600') of property used or zoned for agricultural use or residential use.
(e) The proximity requirements shall be measured in a straight line from the nearest entrance of the retail tobacco specialty business to the nearest property boundary of the community location, or agricultural or residential use, without regard to intervening structures or zoning districts.
(2) Any retail tobacco specialty business that had an active business license before November 17, 2011 in Layton City maintains the right to operate as a non-conforming use.
(3) Termination of Business. If any retail tobacco specialty business fails to renew its Layton City Business License, vacates the premises, or suspends the sale of tobacco products for more than sixty (60) consecutive days, then the business and use is deemed terminated. All retail tobacco specialty businesses that do not meet the zoning and separation requirements shall be considered non-conforming and will be subject to the provisions of Section 19.15.030 of Layton Municipal Code.
(4) Relocation of Existing Business. Any retail tobacco specialty business existing before November 17, 2011, shall be allowed to relocate to a new site that meets the zoning and separation requirements outlined in this ordinance. The non-conforming status of the prior site is deemed to have been terminated.
Ord. No. 12-16, Enacted, 5/17/2012