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Shelton commission to study moratorium on new smoke shops and form three‑member subcommittee

Shelton Planning and Zoning Commission · February 19, 2024
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Summary

The planning commission debated a temporary moratorium on new smoke‑shop applications, discussed legal limits and grandfathering of existing uses, and appointed a three‑member subcommittee to draft language and scope before a public hearing.

At the Feb. 19 meeting, Chair Virginia Harger introduced a proposal to consider a temporary moratorium on accepting, reviewing and approving new smoke‑shop applications in Shelton. Commissioners and Corporation Counsel Francis Tudosau discussed procedural options — including using a moratorium as a temporary zoning change, drafting a zoning text amendment, or pursuing enforcement of existing regulations (for example window coverage and excessive signage).

Counsel clarified that zoning choices are within the commission’s jurisdiction and that a moratorium would not remove legal nonconforming uses: existing smoke shops could continue as legal nonconforming uses if ownership changes, unless the use is intentionally extinguished. Commissioners raised enforcement and nuisance concerns — including prominent neon signage, clustering of shops in plazas and the potential effect on youth vaping — while others questioned whether the commission had time to take on a new regulatory program.

To develop a clear scope for a public hearing, the commission appointed a three‑member subcommittee (Alternate Commissioner McGee, Chair Harger and Alternate Commissioner Appel) to draft proposed language and options for limiting locations, numbers or signage. The chair said the subcommittee will present a proposal for a public hearing; no moratorium or text amendment was adopted at the meeting.

Several commissioners emphasized alternatives to an outright ban: targeted restrictions (location or signage), stronger enforcement of existing codes, or public‑education/primary‑prevention strategies. The commission will notify the public once the subcommittee has prepared draft language and scheduled a hearing.