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BZA upholds countyzoning director on vape-shop permit in Hunt Club development
Summary
Charleston CountyBoard of Zoning Appeals on June 3 upheld the county zoning director's decision to allow a vape-only retail permit at a Hunt Club commercial unit, rejecting an appeal by neighborhood homeowners who said the planned development (PD 73E) prohibited tobacconists.
The Charleston County Board of Zoning Appeals on June 3 rejected an appeal by Hunt Club homeowners and affirmed the zoning directordecision to allow a vape-only permit in a village commercial unit, finding no abuse of discretion.
The appeal was filed by homeowner LaDawn Page and represented by attorney Jessica Monsell, who argued the permit violated conditions agreed when the Hunt Club PD was amended in 2021 and relied on state statutory definitions that classify e-cigarettes and vapor products as tobacco products. Monsell and neighborhood residents, including several who testified about community expectations and public health concerns, asked the board to revoke the zoning permit issued last fall and require a PD amendment for any vape-related retail use.
County staff and the property owner countered that the permit before the board was for a vape-only retail use limited in the letter of intent and did not include tobacco sales. The countyzoning staff pointed to the County Zoning and Land Development Regulations (ZLDR), which instructs staff to consult Merriam-Webster when uses are undefined in the ordinance, and to the PD text that removed the antiquated term "tobacconist" from the county use table in a 2021 zoning overhaul.
After more than an hour of testimony and a 10-minute extension for the appellantand questioning, the board voted to sustain the directordecision, finding staff had followed the ZLDR and that the applicant had limited the permitted retail to vape products only. The motion to uphold staff passed unanimously.
Why it matters: The case highlights a recurring zoning tension in Charleston County: whether novel commercial formats (here vape shops) fit into older use categories removed or altered by recent ordinance revisions. Neighbors argued the spirit of the Hunt Club PD forbids tobacconists; staff and the permittee said the narrowly worded permit and county rules support the director's interpretation. The choice leaves the countydirector's decision intact for now; appellants were told they may appeal the BZA order to circuit court within 30 days of its mailing.
What people said (select): "The PD amendment removed tobacconists and the county should not have issued this permit," attorney Jessica Monsell for the appellant said in her presentation. "The zoning permit is limited to vape products and excludes tobacco sales," said Nikki Grimble for county staff.
What's next: The BZA's written order will be mailed to parties within 10 business days; the decision can be appealed to circuit court.
Speakers: Jessica Monsell, attorney (representing appellant) ; LaDawn Page, Hunt Club homeowner (appellant) ; Nikki Grimble, Charleston County Zoning and Planning staff (staff) ; Ross Appel, attorney (representing property owner) ; James or corporate representative for Hunt Club Medical LLC (tenant/property owner) ; multiple homeowners and public commenters (residents).
Authorities cited: Charleston County Zoning and Land Development Regulations (ZLDR); Hunt Club Plan Development, PD 73E; South Carolina Code (cited by participants) 16-17-501 (tobacco law) ; ZLDR Article 12.2 (dictionary rule).
Actions: Appeal by homeowner sustained? No. Board decision: uphold county director decision (motion: uphold director; outcome: upheld).
