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Hampton council defines "smoke and vape shop," approves one‑mile separation and use‑permit requirement
Summary
The City Council approved ZOA‑25‑0337 to create a distinct smoke/vape‑shop use limited to C3 commercial districts, require a council‑issued use permit, and adopt separation and operating standards; the planning commission's one‑mile buffer was adopted after public comment.
The Hampton City Council voted to adopt zoning amendment ZOA‑25‑0337, establishing "smoke or vape shop" as a distinct land‑use category limited to the general commercial (C3) district, subject to a city‑council approved use permit and new operational standards.
Zoning administrator Melvion Foljam told council the change is meant to give the city tools to control location and operations for these establishments rather than treating them as generic retail. "By defining smoke and vape shops as a distinct use, it allows for the city to apply tailored regulations rather than relying on general commercial standards," Foljam said during the staff presentation. The proposed standards included permitted hours of 9 a.m. to 8 p.m., a 1,000‑foot minimum separation from schools and daycare uses, and a separation between shops; staff’s initial map and recommendation showed a half‑mile separation but the planning commission amended the recommendation to a one‑mile buffer.
During the public hearing, resident Aaron Weaver said he supported the proposal’s intent but asked council to be deliberate about geographic impacts and data accuracy. "Protecting youth matters, smart zoning matters," Weaver said, and he asked whether existing shops would be grandfathered and whether the map of shop locations would be corrected before final action. Weaver urged council to distinguish legal limits from policy choices and to ensure the buffer does not disproportionately affect certain neighborhoods.
A council member moved to approve the item as presented, ‘‘including the planning commission version of section 3‑3…that requires a 1 mile buffer between smoke or vape shops,’’ and the motion carried on a recorded unanimous vote.
The ordinance also excludes establishments holding a Virginia ABC license from the smoke/vape definition and states that if retail marijuana becomes legal statewide those products would require an amended or new use permit and compliance with applicable law. Staff said the changes are consistent with the city's enabling authority under state law (citing Virginia Code §15.2‑912.4).
The immediate effect is that new smoke or vape retail uses will be permitted only in C3 districts and generally will require city council approval through a use permit; existing businesses and questions about nonconforming status were raised during public comment and will be subject to applicable nonconforming‑use rules and any transition provisions the adopted ordinance includes.
Council adopted the planning commission’s amended language requiring a one‑mile separation between smoke or vape shops; the ordinance passed at the meeting and will proceed through the city’s formal ordinance adoption process.
