Agenda - Planning Commission - 05/03/2018

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B. Application of Zoning Standards to Baker White Businesses. The e-cigarette store is a permitted enclosed retail use. The use of the adjacent unit by Baker White is less clear. If they are merely using it as company headquarters, then it would likely be a permitted office use. If they are using it as a clean room and laboratory to manufacture and wholesale e-liquid, then it is not a permitted use. More facts are needed, specifically whether the clean room and laboratory are located in this facility, whether the wholesale operation occurs in the building, and what other specific business activities are being conducted in the unit. The proposed use of the third unit for the manufacture of "tasting sticks" does not appear to be a permitted use. This use is likely best classified as light manufacturing, which the Zoning Code defines as meaning "the processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties." Light manufacturing is not a permitted primary, conditional, or accessory use in the H-1 Highway 10 Business District. Notably, light manufacturing is also likely the best way to classify the production of e-liquids in the clean room and laboratory described on the Baker White website. Further, even if the "tasting stick" operation could somehow be classified as an accessory use to their other primary uses, the Zoning Code requires accessory commercial buildings or structures to occupy no less than 30% of the gross floor space of the principal use. It is unclear whether the proposed 1,600 sq. foot facility would fall within these guidelines, as the total floor space of the principal use would need to exceed 5,300 sq. ft. CONCLUSION There is a lot of information that will be needed to fully analyze whether the existing and proposed uses by Baker White are in conformity with the zoning code. Based upon the information we have reviewed, it does not appear that the proposed "tasting stick" manufacturing use is permitted, either as a principal, conditional, or accessory use, within the H-1 Highway 10 Business District. There are also questions as to whether Baker White's current use of the property adjacent to the e-cigarette store is permitted in the zoning district. If they are engaging in wholesale or light manufacturing, such are not be permitted. KKM: 284882 Page 3 of 3