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Planning commission backs new vape-shop definition and where such shops may operate; first amendment passes 5–3
Summary
Commissioners recommended two zoning-text amendments to regulate vape shops: one defining vape shops and restricting locations within 2,000 feet of schools/daycares (recommended 5–3), and a companion amendment to list vape shops as permitted in C1/C2 districts (recommended 7–1); both items move to city council on Sept. 23, 2025.
The Planning Commission took up two related zoning-text amendments on Sept. 3 to regulate vape shops in Newport News.
Planner Hall presented the first amendment, which would add a definition of "vape shop" (retail establishments where 50% or more of inventory, display space, or sales revenue derives from e-cigarettes, vape devices, e-liquids and related products) and add a new section in general regulations to limit locations and operations. Hall said the proposed rules would prohibit vape shops within 2,000 linear feet of schools and daycares, limit them to certain commercial zoning districts, require clear window visibility, eliminate drive-thru service, manage signage and advertising, and align local standards with state tobacco and nicotine requirements. "This distinction allows the zoning ordinance to clearly regulate where vape shops may be located and how they may operate," Hall said.
Commissioners discussed grandfathering for existing shops (staff: existing, in-place uses would be grandfathered but a closure longer than 24 months would void the grandfathered status under the state nonconforming standard), how the 50% test would be calculated (city assesses principal use using inventory and revenue), and whether the 2,000-foot buffer operates one-way (staff: it restricts new vape shops but does not bar existing daycares). Commissioners also raised concerns about hours of operation and 24-hour stores; staff said hours were not included in these regulations but could be considered as conditions or by council.
On the first amendment (ZT TAC 2025-0004), the commission voted 5–3 to recommend adoption to city council. On the companion amendment to add vape shops to the use matrix as a permitted use by right in C1 and C2 districts (ZT TAC 2025-0005), the commission voted 7–1 to forward that change to council for consideration on Sept. 23, 2025.
Next steps: Both amendments will be considered by Newport News City Council at its Sept. 23, 2025 meeting.
