Planning commission advances rules to regulate vape shops; distance buffers and location limits recommended

The Newport News Planning Commission voted on two related zoning text amendments intended to regulate vape shops in the city, advancing both measures to City Council with differing margins.

Planner Hall presented the first amendment to add a definition for "vape shop" (a retail establishment where 50% or more of inventory, display space or sales revenue comes from electronic cigarettes, vape devices, e-liquids and related products) and to add operational and location standards. Proposed rules would prohibit vape shops within 2,000 feet of schools and daycares, limit vape shops to specified commercial zoning districts, require clear window visibility, prohibit drive-through service, regulate signage and coordinate with state nicotine- and tobacco-retail rules.

Hall told the commission that grandfathered vape shops would remain in place unless they close for 24 months, at which point they would be required to come into conformance with current regulations. The presentation noted that the 50% threshold can be assessed by staff based on inventory or sales revenue to determine principal use.

Commissioners debated details including whether the 2,000-foot buffer should operate "one way" (restricting new vape shops near schools/daycares but not preventing an existing vape shop from blocking a future daycare), the source of the 24-month nonconforming-use standard (referred to the Virginia code), and whether hours of operation should be limited (staff said hours were not included in these regulations but could be considered with conditional-use permits or by council).

On the first zoning text amendment (definition and operational standards) the commission voted 5-3 to recommend adoption. Roll-call votes recorded Commissioners Williams, Shook, Stachel, Michelle and Chairperson Taylor in favor; Commissioners Dias, Black and Bowditch opposed. The motion carries 5 to 3 and the item will be heard by City Council on Sept. 23, 2025.

Planner Hall then presented a second, related amendment to add vape shops to the summary-of-uses matrix as permitted by right in the C-1 (Retail Commercial) and C-2 (General Commercial) districts. That amendment was recommended for approval by a 7-1 vote (Commissioner Bowditch recorded as the lone vote against) and will also be considered by City Council on Sept. 23, 2025.

Hall and commissioners cited local maps and comparisons with neighboring jurisdictions during debate; Hall said other localities use conditional-use processes while several (including Richmond and Henrico) require conditional-use review or different buffers. The staff and regulations committee recommended the language the commission forwarded. If City Council adopts either amendment, existing grandfathered vape shops that remain continuously open will be allowed to continue operating under the nonconforming-use rules described by staff.