Columbia zoning board upholds straight-line measurement, denying vape-shop appeal

The Columbia Board of Zoning Appeals on April 3 affirmed the zoning administrator's use of straight-line measurements to determine whether a proposed smoke and vape shop met the Unified Development Ordinance's 1,000-foot distancing requirement, a decision that leaves the applicant unable to operate at the proposed location.

The ruling matters because the measurement method determines whether uses such as schools, churches and daycare centers fall within the ordinance's protective buffer. Attorney Toby Ward, representing the applicant, argued the board should use a "walking method" that measures the shortest pedestrian route and said the walking distances he calculated put the proposed shop outside 1,000 feet of the listed uses. "If you apply the straight line view as the city did, then you have to fly over buildings, walk through buildings, and trespass on private property to find that there's less than a thousand feet," Ward said.

Andrew Livingood, the City of Columbia zoning administrator, told the board the Unified Development Ordinance (UDO) required interpretation and that his office had applied a straight-line (radial) measurement when making the determination. Deputy zoning administrator Erica Haiyan and Livingood told the board the UDO lists multiple protected uses — including public and private K–12 schools, child daycare facilities, parks and religious institutions — and that the ordinance's language supported a straight-line reading.

Applicant and property owner statements: Christian Jones, who identified himself as the owner of 2101 Main Street, said the property owner and tenant had invested in renovations and had understood the use to be allowable subject to the ordinance. Anwar Aziz, who said he is the owner/operator seeking to open the Blackbird shop, told the board he had spent "over $50,000" on the space and that landlord conversations led him to believe the use was acceptable; he said he called zoning but relied on the landlord's assurance.

Neighbors and community concerns: John Wilkinson, president of the Elmwood Park Neighborhood Association, urged the board to reject the appeal, saying placing a vape shop across from a regional homeless center would be inappropriate.

Procedure and decision: The board recessed into an executive session for legal advice. After returning, a motion was made to "affirm the decision of the zoning administrator and support his method of straight line measurements meeting legal requirements." The motion carried on a voice vote; board members indicated support and the chair announced "Motion carries." The ruling affirms Livingood's measurement method; under the UDO the result means the proposed smoke or vape shop is within the prohibited 1,000-foot distance and therefore not permitted at that location under the conditional-use criteria.

What the decision does and does not do: The board's decision was limited to whether the zoning administrator followed the UDO in measuring distance; it does not authorize a permit for the applicant. Ward had asked the board to resolve ambiguity in favor of a pedestrian (walking) measurement and cited state measurement methods for some other uses; the board instead upheld the administrator's straight-line approach.

Next steps: The board did not specify further administrative appeals in the meeting record. The applicant may pursue available appeals or pursue a different site or a changed application, but the board did not adopt any alternative measuring method or exception at the hearing.